S.L. 549.64 Art. 17Fire.

(1) Any person who kindles or attempts to kindle a fire near any tree listed in Schedule I or Schedule II, or any protected area other than a tree protection area, thereby causing damage as a result of imprudent or negligent use of smoking requisites, cigarettes or tobacco, fireworks or other combustible matter, or omits to take adequate precautions in connection therewith, shall be guilty of an offence.

(2) No person shall kindle or attempt to kindle a fire within a tree protection area:

(a) for entertainment purposes, including and not limited to bonfires, barbecues, campfires and fireworks;

(b) that causes damage as a result of imprudent or negligent use of smoking requisites, cigarettes or tobacco, fireworks or other combustible matter, or omits to take adequate precautions in connection therewith.

(3) The above provisions shall not apply to:

(a) any person who kindles a fire which can be controlled; or

(b) a fire directly connected with or necessary to the management of the tree protection area or other protected area in question, with the prior approval of the competent authority; or

(c) a controlled fire within the confines of a private dwelling:

Provided that in all cases, the person shall still be liable for any direct, indirect or consequential damage to any tree listed in Schedule I or Schedule II, or to any tree protection area or any other protected area. The competent authority may also take action in terms of these regulations if the person fails to keep the fire under control as a result of negligence or malicious action.