(1)  A person must not light, or maintain or use, in the open air a fire to burn or destroy any wood waste or other flammable material produced on premises used as a sawmill or factory unless –

(a) the fire is only lit, maintained and used during a period that is not a fire permit period; or

(b) a permit has been granted by a fire permit officer under subregulation (2) authorising the fire.

Penalty:  Fine not exceeding 26 penalty units.

(2)  Subject to subregulation (3) , a fire permit officer may grant, to a person, a permit that authorises the person to light, or maintain or use, in the open air a fire to burn or destroy any wood waste or other flammable material produced on premises used as a sawmill or factory.

(3)  A fire permit officer may only grant a permit under subregulation (2) with the consent of, and on such conditions as may be determined by –

(a) if the permit relates to an area in an operational district, the brigade chief of a brigade in the operational district; or

(b) in relation to any other area, the Chief Officer.

(4)  Without limiting subregulation (3) , a brigade chief or the Chief Officer may determine under that subregulation that a permit is to contain a condition that –

(a) if the burning or destruction of the wood waste or flammable material is to be done in a pit, the surface of the burning materials is to be at least 1.5 metres below the level of the top of the pit; or

(b) if the burning or destruction of the wood waste or flammable material is to be done on the surface of the ground, the site of the fire is to be enclosed by a fence, made of solid non-flammable material, at least 2 metres high.

(5)  A permit granted under subregulation (2) is to be in an approved form.

(6)  A permit granted under subregulation (2) may be revoked or amended, by notice to the permit holder, by a fire permit officer –

(a) on his or her own initiative; or

(b) at the direction of –

(i) the Chief Officer; or

(ii) the brigade chief of a brigade in the operational district in respect of which the permit is granted; or

(iii) the fire permit officer who granted the permit.

(7)  A person may appeal to the Commission against the refusal of a fire permit officer to grant a permit to the person under subregulation (2) .

(8)  An appeal under subregulation (7) is to –

(a) be in writing; and

(b) set out the grounds for the appeal; and

(c) be supported by such evidence, or information, as the Commission may require to determine the appeal.

(9)  As soon as practicable after receiving an appeal under subregulation (7) , the Commission is to –

(a) investigate the appeal in such a manner as it considers appropriate; and

(b) determine the appeal on such conditions as it considers appropriate in the circumstances; and

(c) give the appellant written notice of its determination in respect of the appeal.