COUNTRY FIRES ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Setting fire to crop

   4   Setting fire to trash

   5   Fires during night or unattended, prohibited

   6   Power of Minister to prohibit setting fire to trash

   7   Application for permit

   8   Setting fire contrary to order or permit

   9   Setting fire to diseased plants, charcoal kilns, etc

   10   Proof of fire evidence against occupier

   11   Occupier to extinguish fire

   12   Carrying lighted torch insufficiently guarded

   13   Negligent use of fire

   14   Power to enter land and extinguish fire

   15   Punishment of offences

   16   Saving

      SCHEDULE

 

THE COUNTRY FIRES ACT

[Date of Commencement: 5th March, 1942]

Cap 81.

Law 47 of 1955

Acts
6 of 1968,
17 of 1982,
31 of 1995.

1   Short title

   This Act may be cited as the Country Fires Act.

2   Interpretation

   In this Act-

   "clear days" shall be reckoned exclusive of the day on which any notice is served and of the day on which any act mentioned in such notice is to be done;

   "crop" means any crop, tree, wood or underwood, or other produce of the soil, whether cultivated or not, which is growing in or upon any land;

   "occupier" means the person having the immediate charge or management of any land or plantation;

   "forest officer" means any forest officer appointed under the Forest Act:

[47/1955 s 2.]

   "agricultural officer" means any agricultural officer appointed for the purposes of section 7 by the Minister by notice published in the Gazette, and includes any agricultural extension officer employed by the Rural Agricultural Development Authority established under the Rural Agricultural Development Authority Act:

[6/1968 s 3(2) and Sch.]

   "agricultural warden" means any agricultural warden appointed under the Practical Larceny (Prevention) Act;

[17/1982 3rd Sch.]

   "trash" includes any dried cane leaves, megass, straw, brushwood, cut-plant or other inflammable material;

   ''adjoining land" means any land abutting on or adjoining any other land, not occupied by the same person, on which it is intended to set fire to any trash, and includes any such land notwithstanding the interposition of a road, path, interval, or trace, whether public or private, or a river or watercourse.

3   Setting fire to crop

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   Every person who sets fire to any crop shall be guilty of an offence against this Act:

   Provided that fire may be set, subject to the provisions of sections 4 and 5, to growing sugar cane for the purpose of ridding it of any vine or other pest.

4   Setting fire to trash

   (1) Every person who sets fire to any trash on any and unless the occur of such land first-

[47/1955 s 3(a) and (b).]

   (a)   serves on the officer or sub-officer in charge of the nearest police station and the occupiers of all adjoining lands the nearest boundaries of which lie within half a mile of the place where it is intended to set fire to such trash, notice of his intention to set fire to such trash on the dates, not exceeding seven, specified in such notice; and

   (b)   clears an open space of at least fifteen feet in width round such trash and removes from such open space all inflammable material or other matter likely to burn,

shall be guilty of an offence against this Act.

   (2) Every notice under paragraph (a) of subsection (1) shall be served three clear days at least before the first of the dates specified in the notice. Every such notice may be served-

[47/1955 s 3(c).]

   (a)   in the case of an adjoining occupier, either personally or by leaving it at the residence of the adjoining occupier with some person actually residing therein or, if no such person can be found, by affixing the notice on some open and conspicuous place on the adjoining land; and

   (b)   in the case of an officer or sub-officer of police, either personally for by leaving it at the police station with any constable stationed there.

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