Does not include amendments by— (amended by Government Sector Finance Legislation (Repeal and Amendment) Act 2018 No 70) (not commenced) Bushfires Legislation Amendment Act 2020 (not commenced — to commence on 1.12.2021) Community Land Development Act 2021 No 6
Note— This Part contains provisions that are helpful in understanding the Act as a whole, as well as some machinery provisions. It also provides for the constitution of all those parts of the State that are not within fire districts (within the meaning of the ) as rural fire districts. Fire and Rescue NSW Act 1989
(1) Definitions are contained in the Dictionary at the end of this Act. Note— Expressions used in this Act (or in a particular provision of this Act) that are defined in the have the meanings set out in that Act. Interpretation Act 1987
(1) A rural fire district is constituted by this section for the area of each local authority, with boundaries of the district being the same as the boundaries of the area as at the date of commencement of this section. Note— The Dictionary defines area of a local authority. The area of a council is land within the local government area of the council. The area of the person appointed under section 7A is that part of the Western Division that is not within the local government area of a council. The area of the Lord Howe Island Board is Lord Howe Island.
Note— This Part establishes the NSW Rural Fire Service, and provides for its composition, functions and management. The Service is to be managed and controlled by the Commissioner of the NSW Rural Fire Service. The Commissioner is responsible for issuing the Service Standards, which are the guidelines in respect of the standard operating procedures to be followed by members of the Service. The Commissioner determines the duties of certain members of the Service (staff of the Service, including fire control officers, deputy fire control officers and ancillary fire control staff). The fire control officers, deputy fire control officers and ancillary fire control staff are employed under the and are responsible for a number of functions, including the supervision and direction of functions exercised by or under the Act by rural fire brigades and groups of rural fire brigades. Government Sector Employment Act 2013
(1) The NSW Rural Fire Service has the following functions—
(a) to provide rural fire services for New South Wales, (b) to issue public warnings about bush fires and bush fire threats in the State for the purpose of protecting life and property, (c) to provide advisory services (whether within or outside the State) relating to fire fighting and other matters with respect to which it has expertise, (d) as directed by the State Emergency Operations Controller, to deal with an emergency where no other agency has lawful authority to assume command of the emergency operation, (e) to carry out, by accredited brigades, rescue operations allocated by the State Rescue Board, (f) to assist the State Emergency Operations Controller to carry out emergency management functions relating to the prevention of, preparation for and response to, and to assist the State Emergency Recovery Controller to carry out emergency management functions relating to the recovery from, emergencies in accordance with the , State Emergency and Rescue Management Act 1989 (g) to assist, at their request, members of the NSW Police Force, Fire and Rescue NSW, the State Emergency Service or the Ambulance Service of NSW in dealing with any incident or emergency, (h) to maintain effective liaison with all emergency services organisations, (i) to carry out such other functions as may be assigned to it by or under this or any other Act, or by the State Emergency Operations Controller or the Minister, (j) to do anything necessary for, or incidental to, the exercise of its functions.
(1) A Commissioner of the NSW Rural Fire Service, a fire control officer for each rural fire district and such other staff as may be necessary for the purposes of this Act are to be employed under Part 4 of the . Government Sector Employment Act 2013
(1) The Commissioner is responsible for managing and controlling the activities of the Service and has such other functions as are conferred or imposed on the Commissioner by or under this or any other Act. (2) The Commissioner may determine the various duties that members of the staff of the Service are required to perform and allocate the duties to be carried out by each member of the staff.
(1) Without limiting section 12, the Commissioner may enter into a rural fire district service agreement (a service agreement ) with any local authority or authorities responsible for a rural fire district or districts.
(1) An officer of a rural fire brigade or group of rural fire brigades of a rank designated by the Commissioner may, for the purpose of controlling or suppressing a fire or protecting persons, property or the environment from an existing or imminent danger arising out of a fire, incident or other emergency—
(a) exercise any function conferred on the officer by or under this Act, or (b) take any other action that is reasonably necessary or incidental to the effective exercise of such a function.
(1) The Commissioner may enter and inspect any land for the purposes of investigating the cause or origin of any fire that has occurred on that land or any adjacent land, but only for a period of up to 24 hours after the fire has been put out.
(1) The Commissioner may apply to an authorised officer for a search warrant for any land if the Commissioner reasonably believes that entry onto the land is necessary for the purposes of the investigation of the cause or origin of any fire that has occurred on that land or any adjacent land.
(1) Any function conferred or imposed on the Commissioner under section 33B or 33C may be exercised by the Commissioner of Fire and Rescue NSW, but only to the extent that the function is exercisable in respect of land within a fire district.
(1) A fire control officer is, subject to any direction of the Commissioner, responsible for the control and co-ordination of the activities of the Service in the rural fire district for which he or she is appointed as fire control officer.
(1) A fire control officer appointed under this Part has all the powers and immunities conferred on an officer in charge of a rural fire brigade.
Note— This Part charges the Commissioner with the responsibility of controlling and co-ordinating the action to be taken by persons and bodies involved in or associated with the prevention, mitigation or suppression of bush fires in dealing with fires requiring a response beyond the area or locality in which the fires are burning. The Commissioner is authorised to give directions to persons, members of the Service, officers of other emergency services organisations and others in relation to the prevention, mitigation and suppression of fires in these circumstances. The Part also provides for the establishment of the Bush Fire Co-ordinating Committee, the principal responsibility of which is to plan for bush fire prevention and for co-ordinated bush fire fighting. The Bush Fire Co-ordinating Committee is required to constitute Bush Fire Management Committees for rural fire districts and may constitute them for other parts of the State. These committees are responsible for the preparation of bush fire management plans for the areas for which they are constituted.
(1) The Commissioner may give such directions as the Commissioner considers necessary to fire control officers, deputy fire control officers, officers of rural fire brigades, local authorities, officers or members of Fire and Rescue NSW, members of the NSW Police Force and other persons in connection with the prevention, control or suppression of any bush fire in the area or locality in which the Commissioner has taken charge or is taking measures under this Division.
(1) The Commissioner may delegate the Commissioner’s functions under this Division (other than this power of delegation) to any person including an officer or member of a rural fire brigade, a person employed in Fire and Rescue NSW, a person employed in the Department of Industry or a person employed in the Office of Environment and Heritage.
(1) The Bush Fire Co-ordinating Committee—
(a) is responsible for planning in relation to bush fire prevention and co-ordinated bush fire fighting, and (b) is responsible for advising the Commissioner on bush fire prevention, mitigation and co-ordinated bush fire suppression, and (c) has such other functions as are conferred or imposed on it by or under this or any other Act.
(1) The Bush Fire Co-ordinating Committee must constitute a Bush Fire Management Committee for the whole of the area of any local authority for which a rural fire district is constituted.
(1) Each Bush Fire Management Committee must, in accordance with this Division, prepare and submit to the Bush Fire Co-ordinating Committee a draft of each of the following kinds of bush fire management plans for the rural fire district or other part of the State for which it is constituted—
(a) a plan of operations, and (b) a bush fire risk management plan.
(1) A draft bush fire risk management plan for a rural fire district or other part of the State is to set out schemes for the reduction of bush fire hazards in the rural fire district or other part of the State.
(1) After preparing a draft fire access and fire trail plan for the rural fire district or other part of the State for which it is constituted, the Bush Fire Management Committee is to submit the plan to the Bush Fire Co-ordinating Committee.
(1) The Commissioner may conduct an audit of bush fire management plans generally in the State or for a specified rural fire district or other part of the State.
(1) The Commissioner must conduct annual inspections of each neighbourhood safer place and determine whether the place remains suitable for designation as a neighbourhood safer place.
(1) The Commissioner may make Fire Trail Standards. (2) The Fire Trail Standards are to provide standards for fire trails on land throughout the State, and in particular to provide, as far as practicable, practical networks of fire trails. (3) Without limitation, the Fire Trail Standards may—
(a) relate to—
(i) the structure and form of fire access and fire trail plans, and (ii) the classification, length, width, gradient, signage, construction standards and maintenance of fire trails, and (b) require a fire access and fire trail plan to include a treatment register for fire trails that is approved by the Commissioner from time to time.
(1) This section applies to public land. (2) The Commissioner may give a direction in writing that a fire trail be established and maintained on specified public land for the purposes of this Part. The direction must provide particulars of the fire trail including its location, and a copy is to be given to each owner and occupier (if any) of the land of whom the Commissioner is aware.
(1) This section applies to private land. (2) The Commissioner may enter into negotiations with the owner of private land for an agreement between the Commissioner and the owner in writing that a fire trail be established on the land for the purposes of this Part. The agreement must provide particulars of the fire trail including its location. (3) The agreement may apply to a new fire trail or an existing fire trail (or part of an existing fire trail) or both.
(1) The Commissioner is to keep a register of certified fire trails.
(1) The Commissioner must investigate a fire trail complaint as soon as practicable after it is received.
(1) This Division applies to land on which a designated fire trail or registered fire trail is situated.
(1) It is the duty of the owner or occupier of the land on which a designated fire trail or registered fire trail is situated to construct (to the extent that it has not already been constructed) and to maintain the fire trail in accordance with the Fire Trail Standards and any steps that are included in a fire access and fire trail plan applying to the land.
(1) A fire trail management officer may, by notice in writing, require the owner or occupier of any land (including land referred to in section 62X) to carry out fire trail rectification work specified in the notice on the land. (2) A notice under this section may specify circumstances in which, conditions under which, places at which, the manner in which and the time within which the fire trail rectification work is to be carried out.
(1) A person on whom a fire trail rectification notice has been served under section 62Y may, within 28 days of the service of the notice, lodge an objection to the notice with the fire trail management officer who served the notice stating the grounds of objection, or, if that officer is not available, any other fire trail management officer.
(1) A person on whom notice of a decision on an objection to a notice under section 62Z has been served may appeal in writing to the Commissioner within 28 days of the service of the notice stating the grounds of appeal.
(1) The owner of or the public authority responsible for the land on which a registered fire trail is situated may apply to the Commissioner in writing for the termination of the registration of the fire trail.
(1) A person on whom a notice of a recommendation for refusal has been served under section 62ZK may, within 28 days of the service of the notice, lodge an objection with the fire trail management officer who served the notice stating the grounds of objection or, if that officer is not available, any other fire trail management officer.
(1) A person on whom notice of a decision on an objection to a notice under section 62ZL has been served may appeal in writing to the Commissioner within 28 days of the service of the notice stating the grounds of appeal.
(1) The purpose of this section is to enable an application for termination of registration to be made in relation to part only of a fire trail, and to enable an application to be dealt with by granting the application in part and refusing it as to the rest.
Note— Part 4 deals with the prevention and minimisation of the spread of bush fires throughout the State. It provides for bush fire hazard reduction work and vegetation clearing work to be done, for limitation of the lighting of fires without a permit during bush fire danger periods and the imposition of total fire bans. It imposes responsibilities on the owners and occupiers of land and public authorities in relation to these and other matters.
Note— Bush fire hazard reduction work andbush fire hazard reduction notice are defined in the Dictionary.
(1) In this section— authorised person , in relation to land, means—
(a) a hazard management officer, or (b) any officer of a rural fire brigade for the time being nominated for the purposes of this section by the Commissioner, or (c) any person for the time being nominated for the purposes of this section by the Bush Fire Co-ordinating Committee, or (d) a person exercising functions under a bush fire risk management plan, or (e) an authorised officer of a fire fighting authority.
(1) A hazard management officer may, by notice in writing, require the owner or occupier of land to carry out bush fire hazard reduction work specified in the notice on the land. (2) A hazard management officer must serve a notice under this section if required to do so by a bush fire risk management plan applicable to the land that is in force. (3) A hazard management officer must issue a bush fire hazard reduction certificate in respect of any bush fire hazard reduction work required by a notice issued in accordance with subsection (2) unless the work required by the notice—
(a) is otherwise authorised to be carried out, or (b) is not required to be authorised to be carried out under this or any other Act. (4) A notice under this section may specify—
(a) the circumstances in which, conditions under which, places at which and manner and time within which the bush fire hazard reduction work is to be carried out, and (b) any means by which the bush fire hazard reduction work is to be carried out and alternative means other than fire by which the work should, if practicable, be carried out.
(1) The owner or occupier of land on whom a notice has been served under section 66 may, within 7 days of the service of the notice, lodge an objection with the hazard management officer who served the notice stating the grounds of objection, or, if that officer is not available, any other hazard management officer.
(1) If a person has lodged an objection under section 67 and—
(a) the hazard management officer has failed to confirm, vary or withdraw the notice within 14 days, or (b) the person is not satisfied with the confirmation or variation of the notice, the person may appeal in writing to the Commissioner within 7 days of the end of the 14 day period or the date of the confirmation or variation, whichever is earlier, stating the grounds of appeal.
(1) A hazard management officer may, for the purpose of forming an opinion as to—
(a) whether a notice under section 66 should be served on the occupier or owner of any land, or (b) whether or not such a notice has been complied with, enter during the daytime any part of the land (other than a dwelling-house) that it is necessary to inspect in order to form that opinion.
(1) The Commissioner may carry out bush fire hazard reduction work on land—
(a) if the work has not been carried out on land by a public authority or owner or occupier of land when, or in the manner, required by a bush fire risk management plan, or (b) if, in the opinion of the Commissioner, a public authority or owner or occupier of land has not properly performed a duty under section 63 to take notified steps, or any other practicable steps, that is imposed on the public authority or owner or occupier, or (c) (d) if the Commissioner serves a notice addressed (by the description of “Owner” or “Occupier”) to the owner or occupier of the land specifying—
(i) the circumstances in which, conditions under which and manner and time within which the bush fire hazard reduction work is to be carried out, and (ii) any means by which the bush fire hazard reduction work is to be carried out and alternative means other than fire by which the work should, if practicable, be carried out, and after reasonable inquiry conducted over a period of not less than 7 days, the Commissioner cannot ascertain the identity and location of the owner or occupier. Note— The bush fire hazard reduction work can be carried out by the Commissioner on land with the consent of the owner or occupier or following notice to the owner or occupier under section 66, if the identity and location of the owner or occupier is ascertained.
(1) Each public authority that is responsible for managed land must report to the Commissioner not later than 1 month after the end of the financial year on its activities to reduce bush fire hazards on the managed land during the preceding financial year.
(1) A bush fire hazard complaint is to be made by giving it, or sending it by post—
(a) if the complaint relates to unoccupied Crown land or managed land for which a public authority is responsible—to the Commissioner, or (b) in the case of any other land—to the local authority of the local government area in which the land is located.
(1) The Commissioner must investigate the bush fire hazard complaint as soon as practicable after it is received.
(1) An adjoining owner who has cleared land on the adjoining owner’s side of a dividing fence of all combustible matter for a distance of 6 metres from the fence may, by notice in writing, require the adjoining owner on the other side of the fence to repair or restore the dividing fence if it is damaged or destroyed by a bush fire caused by the failure of the other adjoining owner to clear the adjoining owner’s side of the fence of all combustible matter for the same distance. (2) The adjoining owner to whom a notice is given must repair or restore the dividing fence at that adjoining owner’s expense—
(a) within one month of being given the notice, or (b) within such longer period as the Local Court may allow on application by the adjoining owner to the Local Court.
(1) The Commissioner may modify, in respect of all or part of a local government area, the bush fire danger period set out in section 81 by order published in the Gazette declaring—
(a) that there is no bush fire danger period in the area or part, or (b) that a different period is the bush fire danger period for the area or part.
(1) The Minister may, if the Minister is of the opinion that it is necessary or expedient in the interests of public safety to do so, by written order (a total fire ban order )—
(a) prohibit the lighting, maintenance or use of any fire or class of fire in the open air for the period or periods specified in the order, and (b) require persons or classes of persons to take action specified in the order for the purposes of preventing the outbreak or the spread of any bush fire or for controlling or suppressing any bush fire. (2) A total fire ban order is to identify the part or parts of the State to which the order applies (the total fire ban area ) and, without limiting the manner in which the total fire ban area may be identified, the area may be identified by reference to a zone defined by the regulations.(3) The Minister may grant exemptions from the requirements of a total fire ban order by—
(a) setting out the exemptions in the order, or (b) by reference (in the order) to one or more standard exemptions that the Minister has caused to be published in the Gazette. (4) The Commissioner may also grant a person an exemption from the requirements of a total fire ban order by written notice to the person. (5) An exemption by the Commissioner may be granted in relation to a specified total fire ban order or to all total fire ban orders having effect during a specified period.
(1) A person must not, without lawful authority, discard a lighted tobacco product or match or any incandescent material (a fire risk object ) on any land.Maximum penalty—
(a) except as provided by paragraph (b)—50 penalty units, or (b) in the case of an offence committed during a total fire ban under Division 6 in the part of the State concerned—100 penalty units. (2) Driver and owner of vehicle deemed guilty If a fire risk object is, in contravention of subsection (1), discarded from a motor vehicle, or from a trailer attached to a motor vehicle, the following are taken to be guilty of an offence under that subsection—
(a) in the case of a fire risk object discarded from a motor vehicle—the driver of the motor vehicle, (b) in the case of a fire risk object discarded from a motor vehicle—the owner of the motor vehicle, (c) in the case of a fire risk object discarded from a trailer attached to a motor vehicle—the owner of the trailer. (3) Only one person liable Subsection (2) does not affect the liability of the actual offender but, if a penalty has been imposed on or recovered from any person in relation to the offence (whether the actual offender, the driver or the owner), no further penalty may be imposed on or recovered from any other person. In this subsection, penalty includes a penalty under a penalty notice.(4) Exception for passenger vehicles Subsection (2) does not apply if—
(a) the motor vehicle is a bus, taxi or other public transport vehicle and is being used at the time to convey a public passenger, and (b) the fire risk object was discarded by that passenger.
(1) A person who, without lawful authority—
(a) sets fire or causes fire to be set to the land or property of another person, the Crown or any public authority, or (b) being the owner or occupier of any land, permits a fire to escape from that land under such circumstances as to cause or be likely to cause injury or damage to the person, land or property of another person or the land or property of the Crown or a public authority, is guilty of an offence. Maximum penalty—1,000 penalty units or imprisonment for 5 years, or both. (1A) In determining the penalty for an offence under subsection (1) that was committed when a total fire ban under Division 6 was in force in the part of the State in which the fire was set or was permitted to escape, the court must take the total fire ban into account as an aggravating factor. Note— Section 21A (2) of the sets out other aggravating factors to be taken into account when determining the appropriate penalty for an offence. Crimes (Sentencing Procedure) Act 1999
(1) The Commissioner may issue a bush fire safety authority for—
(a) a subdivision of bush fire prone land that could lawfully be used for residential or rural residential purposes, or (b) development of bush fire prone land for a special fire protection purpose. (2) A bush fire safety authority authorises development for a purpose referred to in subsection (1) to the extent that it complies with standards regarding setbacks, provision of water supply and other matters considered by the Commissioner to be necessary to protect persons, property or the environment from danger that may arise from a bush fire.
(1) An environmental planning instrument under the cannot prohibit, require development consent for or otherwise restrict the doing of— Environmental Planning and Assessment Act 1979
(a) emergency bush fire hazard reduction work on any land, or (b) managed bush fire hazard reduction work on land other than excluded land. (2) Part 5 of the does not apply to or in respect of emergency bush fire hazard reduction work carried out on any land. Environmental Planning and Assessment Act 1979
(1) An application for a bush fire hazard reduction certificate in respect of work to be carried out on private land by a person other than a local authority or the Commissioner is to be made to the issuing authority in writing in accordance with the regulations (if any). (2) An application may be made—
(a) by any owner or occupier of the private land, or (b) if the work is to be carried out on the private land by a public authority responsible for managed or unoccupied Crown land in the vicinity of the private land—by the public authority. (3) A single application may, with the consent of all owners or occupiers of the land concerned—
(a) be made for land owned or occupied by more than one person, or (b) be made by a public authority on behalf of those owners or occupiers.
(1) The Commissioner is to prepare a 10/50 Vegetation Clearing Code of Practice for the carrying out of vegetation clearing work on land situated within a 10/50 vegetation clearing entitlement area pursuant to section 100R. The Code must (without limitation) deal with the following—
(a) the type of vegetation that can and cannot be cleared, including the types of trees, (b) the circumstances in which vegetation should be pruned and not entirely removed, (c) use of herbicides, (d) managing soil erosion and landslip risks, (e) protection of riparian buffer zones, (f) protection of Aboriginal and other cultural heritage, (g) protection of vegetation that the owner of the land on which vegetation clearing work may be carried out is under a legal obligation to preserve by agreement or otherwise.
(1) This section applies to the following buildings only—
(a) a building containing habitable rooms that comprises or is part of residential accommodation or a high-risk facility (but not if there is no lawful authority for the use of those rooms as habitable rooms), (b) a building that is a farm shed (but not if there is no lawful authority for the use of the building as a farm shed). (2) The owner of land in a 10/50 vegetation clearing entitlement area may carry out any of the following vegetation clearing work on the land if the work is carried out in accordance with the requirements of this section—
(a) the removal, destruction (by means other than by fire) or pruning of any vegetation (including trees or parts of trees) within 10 metres of an external wall of a building, (b) the removal, destruction (by means other than by fire) or pruning of any vegetation, except trees or parts of trees, within 50 metres of an external wall of a building. (3) Vegetation clearing work may be carried out under this section despite any requirement for a licence, approval, consent or other authorisation for the work made by the or the Biodiversity Conservation Act 2016 or any other Act or instrument made under an Act. Environmental Planning and Assessment Act 1979 (4) A tree must not be removed or destroyed under subsection (2) (a) unless part of a trunk of that tree, having a circumference at a height of 1.3 metres above the ground of more than 0.3 metres, is within 10 metres of the external wall of the building.
(1) The Minister may make a code (the Rural Boundary Clearing Code ) for the purposes of this Division.(2) Power to make the Rural Boundary Clearing Code includes power to amend or repeal the Code. (3) The Minister cannot make, amend or repeal the Rural Boundary Clearing Code except with the written agreement of all of the following Ministers—
(a) the Minister for Planning and Public Spaces, (b) the Minister for Energy and Environment, (c) the Minister for Agriculture and Western New South Wales.
(1) Vegetation clearing work may be carried out on a holding under this section if all of the following apply—
(a) the vegetation clearing work is carried out within 25 metres of the holding’s boundary with adjoining land, (b) the vegetation clearing work is carried out on land in a rural zone, (c) the vegetation clearing work is carried out by or with the authority of the owner of the holding, (d) the vegetation clearing work is carried out for the purpose of bush fire hazard reduction, (e) a Rural Boundary Clearing Code is in force under this Division, (f) the vegetation clearing work is carried out in accordance with the Rural Boundary Clearing Code.
(1) There is to be established in the Special Deposits Account in the Treasury a New South Wales Rural Fire Fighting Fund.
(1) Before 31 March in each year or a later date agreed to by the Treasurer, the Minister must—
(a) prepare and, subject to the Treasurer’s agreement, adopt a funding target for the NSW Rural Fire Service for the next financial year (the rural fire brigade funding target ), and(b) prepare and adopt an estimate of the amount of the rural fire brigade funding target for each rural fire district for the next financial year. (2) The Minister is to calculate the rural fire brigade funding target for the financial year using the following formula— where— FTt is the rural fire brigade funding target for the financial year (represented by “t”).EEt is the estimated rural fire brigade expenditure for the financial year.AEt-2 is the actual rural fire brigade expenditure for the financial year that commenced 2 years before the period “t” (represented as “t-2”).EEt-2 is the estimated rural fire brigade expenditure for the financial year that commenced 2 years before the period “t” (represented as “t-2”).
(1) The Treasurer is to pay an annual contribution to the Fund for each financial year.
(1) As soon as practicable after the commencement of each financial year, the Minister must prepare and, subject to the Treasurer’s agreement, adopt an update of rural fire brigade funding for the financial year (the rural fire brigade funding amount ).
(1) The amount of the rural fire brigade contribution is the amount determined by the Minister for each relevant council. (2) The Minister is to determine the contribution payable by a relevant council on the basis of the rural fire brigade funding target for each rural fire district.
(1) If the whole or part of a rural fire brigade contribution payable by a relevant council is not paid to the State Revenue Commissioner as required, the unpaid amount is recoverable by the State Revenue Commissioner as a debt in a court of competent jurisdiction.
(1) An environmental planning instrument made under the cannot prohibit, require development consent for or otherwise restrict the doing of any emergency fire fighting act. Environmental Planning and Assessment Act 1979
(1) A matter or thing done or omitted to be done by a protected person or body does not, if the matter or thing was done in good faith for the purpose of executing any provision (other than section 33) of this or any other Act, subject such person personally, or the Crown, to any action, liability, claim or demand.
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence. (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(1) An authorised officer who intends to serve a penalty notice on a person under section 131, or a police officer who has reason to suspect that a person is committing an offence against this Act or the regulations, may direct the person to state the person’s full name and residential address.
(1) A police officer who has reasonable grounds to suspect that a person is committing an offence against this Act or the regulations may direct the person—
(a) (b) to produce any permit, notice or other document by or under the authority of which the person claims that a fire has been lit.
(Sections 47 and 123)
(Section 137)