2015-02-03 P&O Agenda - Item 7 - Attachment 1 - Proposed Local Laws

Noosa Shire Council Local Law No. 3 (Community and Environmental Management) 2015                                     9



Part 4                            Fires and fire hazards

15       Regulation of lighting and maintaining fires in the open
         (1)    This section does not apply to the lighting or maintaining of a fire that is
                authorised under the Fire and Rescue Service Act 1990.11
         (2)    The local government may, by subordinate local law, prohibit or restrict the
                lighting or maintaining of fires in the open in the whole, or designated parts, of the
                local government’s area.
                Example
                  The subordinate local law might prohibit the lighting of fires, or a particular type of fire, in the
                  open, unless 1 or more of the following conditions is met
                          the fire is contained in an approved incinerator;
                          the fire is established in a specified way and specified precautions are taken to prevent the
                           spread of fire;
                          the fire is lit and extinguished within a specified time.
         (3)    A person must comply with a prohibition or restriction imposed under this section.
                Maximum penalty for subsection (3)50 penalty units.
         (4)    A person must not light or maintain a fire if the fire exposes property to the risk of
                damage or destruction by fire.
                Maximum penalty for subsection (4)50 penalty units.
         (5) However, a person does not commit an offence under subsection (3) or (4) if the
             person is authorised or required to light or maintain the fire in the performance of
             duties under another Act.


16       Fire hazards
         (1) This section applies where an authorised person forms the opinion that a fire
             hazard exists on an allotment.
         (2)    The authorised person may, by compliance notice12 given to the responsible person
                for the allotment, require the responsible person to take specified action to reduce
                or remove the fire hazard.13




11
  See the Fire and Rescue Service Act 1990, section 63, regarding fires authorised by notification, section 65
regarding fires authorised by permit and section 69, regarding notices requiring occupiers to take measures to
reduce the risk of fire. For fires authorised by notification under section 63, see the Notification by the
Commissioner of Fire and Rescue Service published in the gazette on 6 August 2004.
12
     See footnote 5.
13
  See also the Fire and Rescue Service Act 1990, section 69, under which the Fire Services Commissioner can
publish a general notification in the gazette requiring occupiers of land to take measures to reduce the risk of fire
occurring or the risk to persons, property or environment in the event of fire occurring.