Careless Use of Fire Act 1901 (NSW)

Act No. 25, 1901.

An Act to consolidate the enactments relating

to the prevention of the careless nse of Fire .

[30th October, 1901.]

Assembly of New South Wales in Parliament assembled, and by the	BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative
authority of the same, as follows :—•

1. (1) This Act maybe cited as the " Careless Use of Eire Act,

1 9 0 1 . "

(2) The Act twenty-ninth Victoria, number twenty-one, is

hereby repealed.

2 . Whosoever ignites, or uses, or carries when ignited, any

inflammable material within twenty yards of any growing crops, or
stacks of corn, pulse, or hay, or within three yai'ds of any stubble field, or grass land, whereby the property of any other person is injured or

destroyed shall, for every such offence, be liable to a penalty not

exceeding fifty pounds or to be imprisoned with or without hard labour

for any period not exceeding three months.

3 . Whosoever leaves any fire which he has lighted or used in

the open air before the same is thoroughly extinguished shall, for every such offence, be liable to a penalty not exceeding ten pounds or to be imprisoned for any period not exceeding one month.

4 . Notwithstanding anything in the next two preceding

sections—

(a) the occupier of any land may burn any straw, stubble, grass,

or herbage, or ignite any wood or other inflammable material

(/>) the occupier of any grass lands may, between seven o'clock in the forenoon and nine o'clock in the afternoon, burn off any grass or herbage from any such land in his occupation after

on such land after he has cleared of inflammable substance a space of land around the straw, stubble, grass, or herbage intended to be burnt, or wood or other inflammable material intended to be ignited, of not less than fifteen feet in breadth, and after he has given to the occupiers of all land contiguous to the land from or on which the straw, stubble, grass, or herbage is intended to be burnt, or wood or other inflammable material to be ignited, notice in writing at least twenty-four hours before burning or igniting as aforesaid of the time at which it is his intention so to burn or ignite ;

after giving the like notice in writing as hereinbefore directed

of his intention so to do to the occupiers of all land contiguous

to the land from which the grass or herbage is intended to be
burned.

5. ( i ) I f the occupier of any land clears the same of inflammable materials for the space of fifteen feet from any fence dividing such land from the land of any other owner or occupier, and such other owner or occupier neglects or omits so to clear his land, and any damage from fire happens to such dividing fence through such

neglect or omission, the owner or occupier so neglecting or omitting to clear shall at his own costs and charges cause such fence to be repaired
and re-erected within one month after the same has been so damaged.

(2) I f the owner or occupier so neglecting or omitting to

clear refuses or omits to repair or re-erect such fence within such month
the owner or occupier of the land contiguous to the said fence who has
cleared the same of inflammable material as aforesaid may repair or

re-erect such dividing fence.

(3) All sums of money which arc so expended or laid out

under the provisions of this Act shall be deemed to be money paid to
the use of the owner or occupier in default,

6. Whosoever, being liable to be apprehended for any offence against the provisions of this Act, opposes, resists, or assaults any person apprehending or attempting to apprehend him shall be guilty

of a misdemeanour, and shall be liable to be fined or to be imprisoned
with or without hard labour for any term not exceeding six months.
7. Nothing in this Act contained shall take away or interfere with the right of any person to sue for and recover, at common law or otherwise, compensation for or in respect of any damage or injury

occasioned by the reckless or negligent use of fire.