Fire Suppression

   35. Duty of persons in vicinity to endeavour to extinguish fires---(1)
 Any person not being engaged in essential services where adequate
 precautions against the outbreak or spread of fire are taken who becomes
 aware of a fire burning unattended in the open air---
   (a) In or within the external fire safety margin of any State area,
         forest area, or specially protected site; or
   (b) In any part of any district during a restricted or prohibited fire
         season, or while a warning under section 20 or an order under
         section 21 of this Act is in force---

 shall immediately cease the work or other activity on which he is
 engaged or employed and shall do everything reasonably within his power
 to extinguish the fire, whether or not there is an immediate danger of
 its causing damage; and if he finds that he is unable to extinguish the
 fire he shall immediately notify the nearest available Fire Officer of
 the outbreak, and shall then continue so far as possible to endeavour to
 control and extinguish the fire until it is brought under control or
 until he obtains the approval of a Fire Officer to desist.

   (2) Where a fire breaks out on any State area in respect of which any
 person holds a licence, lease, permit, right, or authority, or within
 1.5 km of that area, or along or within 0.5 km of such portion of any
 route regularly traversed in the course of operations in connection with
 that area as is on or within 1.5 km of any State area, that person and
 his servants, agents, and employees, if they discover or become aware of
 the outbreak of fire while they are in that area or on that portion of
 that route or within 8 km of the boundary of that area or of any part of
 that portion of that route, shall immediately cease the work or other
 activity on which they are engaged or employed and shall do everything
 reasonably within their power to extinguish the fire, whether or not
 there is an immediate danger of its causing damage; and if they find
 that they are unable to extinguish the fire they shall forthwith cause
 the nearest available Fire Officer to be notified of the outbreak and
 shall then continue so far as possible to endeavour to control and
 extinguish the fire until it is brought under control or until they
 obtain the approval of a Fire Officer to desist.

   (3) Where a fire is burning on land within 1.5 km of any State area,
 and the fire is in danger of spreading to that area, or where any fire
 which is not lighted in accordance with a written permit of a Fire
 Officer is burning in the open air on any other land in any other
 district during a restricted or prohibited fire season or while a
 warning under section 20 or an order under section 21 of this Act is in
 force, any occupier of the land on which the fire is burning and any
 person having any right or licence in respect of that land and all
 employees of any such occupier or person, if they discover or become
 aware of the fire while they are on the last-mentioned land or within 8
 km of the boundary of that land, shall, immediately upon becoming aware
 of the fire, take all possible steps to extinguish it; and if they are
 unable without assistance to do so shall forthwith cause the nearest
 available Fire Officer to be informed of the existence and locality of
 the fire and shall then continue so far as possible to endeavour to
 control and extinguish the fire until it is brought under control or
 until they obtain the approval of a Fire Officer to desist.

   (4) Every person who fails or refuses to comply with the foregoing
 requirements of this section commits an offence against this Act.

   (5) Remuneration or exemption for persons acting in pursuance of this
 section shall be in accordance with any regulations made in respect of
 section 38 of this Act, or as may otherwise be prescribed.
     Cf. 1955, No. 44, s. 31