South Australian Consolidated Acts

FIRE AND EMERGENCY SERVICES ACT 2005 - SECT 95

95—Endangering life or property

        (1)         A person who, during the fire danger season, without lawful excuse, lights a fire in circumstances where the fire endangers, or is likely to endanger, the life or property of another, is guilty of an offence.

Maximum penalty: $10 000 or imprisonment for 2 years.

        (2)         It is a defence to a charge of an offence against this section for the defendant to prove—

            (a)         —

                  (i)         that the fire was lit—

                        (A)         on land owned or occupied by the defendant; or

                        (B)         at the direction of, or with the permission of, the owner or occupier of the land on which the fire was lit; or

                  (ii)         that the danger was caused by unforeseen weather conditions; and

            (b)         that the defendant took all reasonable precautions to prevent the spread of the fire.