Other Criminal Offences – VIC

Welcome to the VIC Lighting of fires in the open air article page. Everything you need to know about Lighting of fires in the open air according to VIC law.

What the Law States according to VIC Law for Lighting of fires in the open air

According to VIC Law for the charge of Lighting of fires in the open air,

Summary Offences Act 1966 – SECT 11
Lighting of fires in the open air

11. Lighting of fires in the open air

(1) Except as provided in subsection (2), a person must not-

(a) light or use a fire in the open air or carry when lighted any flammable material resulting in the destruction, damaging or endangering of the life or property of others; or

(b) leave a fire in the open air which that person has lighted or of which that person is in charge without leaving another person in charge of that fire.

Penalty: 25 penalty units or imprisonment for 12 months or both.

(2) Subsection (1) does not apply to the owner or occupier of any land or a person acting under the direction of an owner or occupier of any land who burns any grass, stubble, weeds, scrub, undergrowth or any vegetation, wood or other flammable material in an area of land if-

(a) a fire-break of not less than 3 metres and cleared of all flammable material has been prepared around the perimeter of the area of land; and

(b) at least two hours before burning is commenced, notice of intention to burn has been given to each owner or occupier of land contiguous to the area of land.

(3) This section does not apply in the country area of Victoria within the meaning of the Country Fire Authority Act 1958 during a fire danger period within the meaning of that Act.

(4) This section does not affect the right of any person to sue for and recover at common law or otherwise compensation for or in respect of any damage caused by reckless or negligent use of fire.

The Maximum Penalty – Lighting of fires in the open air

According to VIC Law for the charge of Lighting of fires in the open air, 1 year / 25 penalty units.

What the Police must prove according to VIC Law for Lighting of fires in the open air

1. A person lit or used a fire in open air
2. Left fire unattended
3. Because of the fire, the life of another was endangered, or property destroyed.

Possible Defences under VIC Law – Lighting of fires in the open air

(1) Factual dispute
(2) Lack of intent
(3) Lack of endangerment or no destruction of property

In VIC which court will hear the matter – Lighting of fires in the open air

Magistrates’ Court

 

Date: 01/09/2009