23. Permits required to light fires in open air---(1) Every person
 commits an offence against this Act who sets on fire, or assists to set
 on fire, or causes or permits to be set on fire, or aids, abets or
 assists in setting on fire, in the open air, any vegetation or any other
 combustible material whatsoever, except---
   (a) In the case of an open season---
           (i) Within a National Park or Maritime Park, pursuant to the
         authority of the [Director-General of [[Conservation]] or, in
         the case of a Maritime Park,] the relevant Park Board; and
           (ii) Within any other State areas, pursuant to an authority or
         permit from a Fire Officer for the area . . .; and
           (iii) Within a forest area (including the fire safety margin
         thereof) or specially protected site, pursuant to an authority
         or permit from a Fire Officer for the district; and
           (iv) Within all other areas, as long as no warning under
         section 20 of this Act or order under section 21 of this Act is
         operative:
   (b) In the case of a restricted season---
           (i) Within a National Park or Maritime Park, pursuant to the
         authority of the [Director-General of [[Conservation]] or, in
         the case of a Maritime Park,] the relevant Park Board; and
           (ii) Within any other State areas, pursuant to an authority or
         permit from a Fire Officer for the area . . .; and
           (iii) Within all other areas, pursuant to an authority or
         permit from a Fire Officer for the district:
   (c) In the case of a prohibited season and, notwithstanding paragraphs
         (a) and (b) of this subsection, in any area in respect of which
         a warning under section 20 of this Act or order under section 21
         of this Act is operative, pursuant to a special permit under
         section 24 of this Act.

   (2) Every permit or authority for any specified person to do any act
 for which a permit or authority is required under this section---
   (a) Shall at the time of issue be recorded in writing in the
         prescribed form (if any), and shall thereupon become effective;
         and a copy thereof shall be immediately handed to, or as soon as
         possible transmitted to, that person; and
   (b) May in addition to such writing be communicated to such person by
         any convenient means, oral or otherwise, to enable him to act
         upon it as soon as possible:
           Provided that in the event of any dispute or doubt the writing
         so recorded shall prevail in the absence of conclusive evidence
         otherwise; and
   (c) Shall be evidenced by such person, within a reasonable time after
         he is required to do so by a member of the Police or Fire
         Officer, by production of his copy of the permit or authority.

   (3) Every permit, special permit, authority, approval, consent, or
 other fire control measure (hereinafter in this section referred to as a
 permit) issued pursuant to this Act to allow the lighting of a fire in
 the open air shall be deemed to have been issued subject to the
 following conditions:
   (a) No fire shall be lit while a strong wind is blowing or when
         conditions are such that the fire is likely to spread beyond the
         limits of the land or other property in respect of which the
         permit was issued:
   (b) Except in the case of a special permit under section 24 of this
         Act---
           (i) The permit shall be deemed suspended during such time as
         any warning under section 20 or order under section 21 of this
         Act is in force; and
           (ii) The permittee shall, immediately before lighting the
         fire, reasonably confirm that no such warning or order is
         currently in force:
   (c) Nothing in this section or in any such permit shall be deemed to
         relieve any person from liability for any actionable damage
         sustained by any other person in consequence of any act, matter
         or thing done by the first-mentioned person under any such
         permit as aforesaid, or to impose upon any Fire Officer, Fire
         Authority, or Park Board any liability by reason of the issue of
         such permit.

   (4) Any Fire Officer, Fire Authority, or Park Board may, for the
 purposes of fire control, withhold the issue of a permit where in his or
 its reasonable opinion the use of the permit would not be in the public
 interest.
     Cf. 1955, No. 44, s. 21
       In subs. (1) (a) (i) and (b) (i) the words in single square
     brackets were inserted by s. 80 (1) of the National Parks Act 1980,
     and the word ``Conservation'' in double square brackets was
     substituted for the word ``Lands'' by s. 2 (1) (d) of the Forest and
     Rural Fires Amendment Act 1987.
       In subs. (1) (a) (ii) and (b) (ii) words were omitted by s. 65 (1)
     of the Conservation Act 1987.