40. Backburning---(1) Notwithstanding the foregoing provisions of
 this Act, every person commits an offence against this Act who in any
 district sets fire to any vegetation by way of backburn except . . .
 pursuant to specific directions given by the Principal Fire Officer, or
 given by a deputy appointed by the Principal Fire Officer under section
 36 (1) (a) of this Act.

   (2) If, pursuant to subsection (1) of this section, . . . the
 Principal Fire Officer aforesaid, or any person acting pursuant to
 specific directions given by the . . . Principal Fire Officer (or his
 deputy), sets fire to any vegetation by way of backburn, the amount of
 the loss or damage suffered as a direct result of that action by the
 owner of the land on which the vegetation exists shall for the purposes
 of this Act be deemed to be part of the costs incurred in the control
 and suppression of the fire for the prevention of the spread of which
 the vegetation was set on fire, and the amount of the loss or damage so
 suffered shall be refunded to the owner either by the Fire Authority or,
 in a case to which section 39 of this Act applies or in which the
 Minister [of Conservation] is the Fire Authority, out of money
 appropriated by Parliament for the purpose:

   Provided that nothing in this subsection shall apply in respect of any
 loss or damage to property the amount whereof is recoverable under any
 policy of insurance.

   (3) This section shall not preclude the lighting of a burnout.
     Cf. 1955, No. 44, s. 36

       In subss. (1) and (2) words were omitted, as indicated by points
     of omission, by s. 32 (1) of the State-Owned Enterprises Act 1986.
       In subs. (2) the words ``of Conservation'' were inserted by s. 65
     (1) of the Conservation Act 1987.