South Australian Repealed Acts

This legislation has been repealed.

COUNTRY FIRES ACT 1989 - SECT 39

39—Power to direct

        (1)         Subject to this section, if a C.F.S. officer is satisfied that a fire has been lit on any land contrary to this Act, or that a fire on any land (whether lit lawfully or not) is out of control, or is likely to get out of control, the officer may—

            (a)         direct the person who lit the fire, or the owner of the land, to extinguish the fire or to take such other steps in relation to the fire as appear necessary to prevent it from getting out of control; or

            (b)         extinguish the fire, or take such other steps in relation to the fire as appear necessary to prevent it from getting out of control.

        (2)         If a C.F.S. officer is satisfied—

            (a)         that a person proposes to light a fire; and

            (b)         that because of weather conditions the fire, if lighted, might get out of control,

the officer may direct that person to refrain from lighting a fire during a period specified in the direction.

        (3)         A person who contravenes, or fails forthwith to comply with, a direction under this section is guilty of an offence.

Penalty: For a first offence—Division 6 fine or division 6 imprisonment; for a subsequent offence—Division 5 fine or division 5 imprisonment.

        (4)         The Board may determine that the powers of a C.F.S. officer under this section may only be exercised by C.F.S. officers of or above a certain rank.

        (5)         Notwithstanding subsection (4), if no C.F.S. officer who is able to exercise the powers conferred by this section is present, any member of the C.F.S. or, in the absence of any such member, any fire prevention officer, officer of the South Australian Metropolitan Fire Service or member of the police force, may exercise those powers.