Who’s Legally Responsible When Bushfires in Victoria Start?

Bushfires in Victoria burning through dry grassland under dark skies.

Who’s Legally Responsible When Bushfires in Victoria Start?

Legal Accountability and Bushfires in Victoria: What You Need to Know

Victoria is no stranger to the devastating impacts of bushfires. With its dry, hot summers and dense vegetation, the state is particularly vulnerable to the rapid spread of fires. In fact, bushfires in Victoria have claimed lives, destroyed homes, and caused immense environmental damage. As such, it is crucial for all Victorians to understand their legal responsibilities when it comes to fire lighting and bushfires in Victoria. In this blog post, we will explore the laws surrounding bushfires in Victoria and the serious consequences of reckless or deliberate fire lighting.

What the Law Says About Lighting Fires in Victoria

Relevant Legislation

Several key pieces of legislation govern fire lighting in Victoria:

  • Country Fire Authority Act 1958 (Vic): This Act empowers the Country Fire Authority (CFA) to manage fire risks and outlines penalties for lighting fires during the Fire Danger Period (FDP) or on Total Fire Ban days.
  • Summary Offences Act 1966 (Vic): Section 37 prohibits lighting or using a fire in the open air in a manner that endangers life or property, carrying penalties of up to 12 months’ imprisonment or a fine of 25 penalty units.
  • Crimes Act 1958 (Vic): This Act addresses serious offences, including arson, and prescribes severe penalties for intentionally or recklessly causing bushfires.

Key Legal Terms

  • Total Fire Ban (TFB): Declared on days of extreme fire danger, prohibiting all open-air fires.
  • Fire Danger Period (FDP): A designated period when fire restrictions apply due to increased fire risk.
  • Reckless or Deliberate Ignition: Lighting a fire without regard for safety, leading to potential legal consequences.

Permitted vs. Prohibited Fire Activities

During the FDP, certain fire-related activities are restricted:

  • Campfires and Burn-offs: Generally, you can light a campfire anywhere in a state forest if it’s safe to do so and you follow some basic rules
  • Incinerators: Use may be allowed with specific conditions and permits.
  • Permits: Required for activities like bird scaring, blacksmithing, and landowner vegetation burns.

Arson Causing Death

In Victoria, fire is a part of the landscape, but when deliberately lit, it becomes a deadly weapon.

Arson causing death is one of the most serious criminal offences under Victorian law. It’s not just lighting a match;  it’s the reckless or intentional act of setting a fire that leads to the loss of human life.

We’ve seen the consequences before of bushfires in Victoria. In 2009, the Black Saturday bushfires, some believed to be deliberately lit, claimed 173 lives, destroyed communities, and left a permanent scar on our state. Whether it’s a single home or thousands of hectares, one act of arson can escalate into a deadly tragedy.

Under the Crimes Act 1958 (Vic), a person found guilty of arson causing death can face up to 25 years imprisonment. This offence doesn’t require intent to kill, only that the fire was deliberately lit and that it resulted in someone’s death.

Small bushfires in Victoria igniting forest debris and dry wood.
Image by Freepik

Lighting Fires During Fire Danger Periods

Fire Danger Periods are declared by the Country Fire Authority (CFA) when the risk of bushfires in Victoria is high. During these times, fire restrictions come into force, and certain activities that may cause fires are prohibited. It is essential to stay informed about Fire Danger Periods in your area and adhere to any restrictions in place.

Arson and Reckless Fire Lighting

Under the Crimes Act 1958 (Vic), arson is a serious criminal offence. It involves the deliberate and malicious lighting of fires with the intention of causing damage or destruction. Reckless fire lighting, while not intentional, can also lead to criminal charges if the person’s actions were careless and resulted in a fire.

The consequences of arson and reckless fire lighting can be severe, including significant fines and imprisonment. 

Blake William Banner, a former NSW Rural Fire Service volunteer, was sentenced to a two-year intensive corrections order for deliberately lighting a fire during a total fire ban in Bega on November 26, 2019, just before the Black Summer bushfires. Though originally charged with lighting seven fires, he was found guilty of one after admitting to starting it using a water bottle as a magnifying glass. Banner fled the scene before returning with fellow firefighters to help extinguish it. The court considered his mental health history, including depression, anxiety, and possible PTSD, but emphasised the seriousness of his actions.

Conclusion

Bushfire laws in Victoria are not to be taken lightly. With the state’s susceptibility to bushfires in Victoria, it is crucial that everyone understands their legal obligations and acts responsibly. Ignorance of the law is not an excuse, and the consequences of reckless or deliberate fire lighting can be life-altering.

We encourage all Victorians to stay informed about fire restrictions, obtain necessary permits, and prioritise fire safety. By working together and respecting the law, we can help prevent devastating bushfires and keep our communities safe.

If you require further information or legal assistance related to arson or fire-related offences, please contact SLKQ Lawyers. With over 18 years of experience in criminal law, our dedicated team is here to provide the expert advice and representation you need during challenging times.

Phone: Call our phone at (03) 9923 7727 to speak directly with one of our lawyers. Our lines are available Monday – Friday at 9am – 5pm to ensure you can access the help you need, whenever you need it.

In-Person: Our office is located at 1105, 530 Little Collins Street, Melbourne 3000. Book an appointment and visit us in person to discuss your case in a confidential setting. A Zoom meeting can also be arranged if you are unable to physically make it into the office.

Disclaimer: The information provided is of a general nature and not tailored to your individual circumstances. Please get in touch for independent legal advice specific to your situation.

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