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Start a Fire During a Total Fire Ban? Light a Bushfire? Risk Serious Prison Time.
Andrew Byrnes Law Group • Mar 12, 2020
As the bushfire tragedy grips Australia, The Canberra Times reports that three people have been charged across NSW with lighting fires during a total fire ban, and that a man has been charged in the ACT with lighting a fire during a total fire ban.
In South Australia, it has been reported by police that a man has been arrested for allegedly lighting four bushfires.
One of the incidents in NSW involved police being called to a home in Cooma after reports of an alleged fire in a backyard. NSW RFS members allegedly extinguished the fire which, according to The Canberra Times, was used for cooking.
Regarding the incident in Canberra, it is alleged that a number of small grass fires were deliberately lit early on Saturday Morning in Curtin. The South Australian incident allegedly involved an elderly man lighting four scrub and grass fires all occurring in the Rosetown – Kingston SE area.
Lawmakers around Australia understandably take these situations very seriously, which is reflected in the harshness of the penalties that face those who disregard fire bans or, even worse, intentionally light bushfires.
In NSW, Section 203E of the Crimes Act 1900 makes it a criminal offence punishable by up to 21 years in prison if a person intentionally causes a fire and is reckless about the fire spreading onto public land or land belonging to another person.
A person may have a defence to this very serious charge if they were a firefighter, if they started the fire under the direction of a firefighter, or they caused the fire in the course of “hazard reduction operations” (eg. back burning).
In the ACT, Section 116 of the Emergencies Act 2004 makes it a criminal offence punishable by up to 2 years in prison if a person lights, maintains or uses a fire, or uses fireworks, in the open air in an area whilst a total fire ban is in force for the area.
At Andrew Byrnes Law Group, we are
experienced criminal lawyers serving clients throughout the Australian Capital Territory. If you are facing a criminal charge for allegedly starting a fire during a fire ban, we have the skills and experience to help you obtain the best possible outcome to your case.
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