| Statute |
Section |
Offence |
Max. penalty |
| Australian Capital Territory |
|---|
| Emergencies Act 2004 |
116 |
Lighting, maintaining or using a fire in the open air in an area where a total fire ban is in place |
50 penalty units |
| Emergencies Act 2004 |
125 |
Intentionally lighting, maintaining or using a fire in the open air or burning flammable material on any
land, or engages in conduct reckless about whether it would cause a fire |
12 months or 100 penalty units or both if during the bushfire season (otherwise 6 months or 50 penalty units or both) |
| Emergencies Act 2004 |
126 |
Lighting, maintaining or using a fire in the open air on any land, and leaving the fire without extinguishing
it or leaving it under the control of a responsible adult |
100 penalty units if during the bushfire season (otherwise 50 penalty units) |
| New South Wales |
|---|
| Forestry Regulation 1999 |
22 |
Leaving or depositing a lighted cigarette or other tobacco product, or a lighted match, in a forestry area |
20 penalty units |
| National Parks and Wildlife Regulation 2002 |
14 |
Lighting a fire in a national park other than in a fireplace, when a total fire ban is in place; leaving
a fire unattended; failing to report or extinguish a fire; handle any flammable substance in a way likely to cause a fire |
30 penalty units |
| Rural Fires Act 1997 |
88 |
Lighting a fire on land within a fire district or rural fire district in circumstances in which doing
so would be likely to be dangerous to any building |
12 months or 50 penalty units |
| Rural Fires Act 1997 |
100(1) |
Sets fire to land and permits fire to escape so as to cause or be likely to cause damage |
5 years or 1,000 penalty units |
| Rural Fires Act 1997 |
100(2) |
Leaves fire before extinguished |
12 months or 50 penalty units |
| Northern Territory |
|---|
| Fire and Emergency Act |
35
General offences |
Dropping or discarding any burning material causing a fire, or in circumstances likely to cause a
fire (as well as other acts relating to fire services and equipment) |
2 years or $10,000 |
| Fire and Emergency Act |
36
Fires to be extinguished |
Leaving a fire unattended without extinguishing it |
2 years or $10,000 |
| Queensland |
|---|
| Fire and Rescue Act 1990 |
62
Offence to light unauthorised fire |
Lighting a fire not authorised by the act or by notification, notice or permit |
6 months or 50 penalty units (if during a state of fire emergency - 12 months or 250 penalty units) |
| Fire and Rescue Act 1990 |
72
Offences re lighting fires |
Leaving fires unattended; discarding burning article or substance so causing a fire endangering or likely
to endanger a person, property or the environment, or in circumstances where this is likely |
6 months or 50 penalty units (if during a state of fire emergency - 12 months or 250 penalty units) |
| South Australia |
|---|
| Country Fires Act 1989 |
36
Fires during fire danger season |
Lighting or maintaining a fire in the open air during the fire danger seasons (other than in prescribed
circumstances and for prescribed purposes) |
12 months or fine ($300-$4,000) for first offence; 2 years or $8,000 for subsequent offences |
| Victoria |
|---|
| Country Fire Authority Act 1958 |
37
General prohibition against lighting open air fires |
Lighting a fire in the open air in the country area of Victoria during a fire danger period unless authorised or directed |
12 months or 50 penalty units or both |
| Country Fire Authority Act 1958 |
39
Prohibited actions near fires |
During a fire danger period: leaving a burning fire without leaving another in charge or extinguishing it; being in the open
air and throwing down or dropping a lighted cigarette, match or other burning material; undertaking certain other fire hazardous acts; failing to report a burning fire |
12 months or 50 penalty units or
both |
| Country Fire Authority Act 1958 |
39A
Causing fire in country area in extreme conditions of weather, etc. an offence |
On any land in country Victoria, lighting any fire in circumstances of location, atmospheric temperature,
wind velocity and flammable vegetation or other combustible substance that causes or is likely to cause a danger to life or property of others |
3 months to 2 years |
| Forests Act 1958 |
63 Restrictions as to lighting etc. fires in certain areas |
Lighting - intentionally or negligently and where authority should have been obtained - or maintaining a fire in the open air in a state forest or
national park; failing to prevent the spread of a fire; leaving a fire without taking reasonable precautions to prevent it spreading or causing injury |
2 years or 100 penalty units |
| Source: Australasian Legal Information Institute (AustLII) |
