Fire on ban day lands men in court

Three men have been placed on good behaviour bonds and ordered to pay $300 each to the CFA after being prosecuted for lighting a campfire on a declared Total Fire Ban day over the Australia Day long weekend this year. The case was brought by the Department of Energy, Environment and Climate Action (DEECA), which charged the three accused under section 40 of the Country Fire Authority Act. The court heard that on Monday, 27 January 2025 – the Australia Day public holiday and the third day of the long weekend – an authorised DEECA officer was patrolling the Rubicon camping area, west of Jamieson. It was a popular period for visitors following a prolonged stretch of hot and dry weather, with bushfires already burning in parts of Victoria, including the Grampians. At 9.22am, while driving through Boys Camp, a camping ground consisting of small clearings among eucalypts by the Rubicon River, the officer observed smoke. Upon approaching, the officer found a log burning in the open air. The officer spoke to the three accused, who began immediately working to extinguish the fire. One made several trips to the nearby river to douse the flames, with steam still rising from the site seven minutes later. None of the men were authorised or exempted to light a fire on a Total Fire Ban day. The court heard statements made by the accused. One man admitted the campfire had been burning since the Thursday prior to the long weekend. He said the fire was still going on Sunday night and that he had fallen asleep in his chair. He told officers that he rose on Monday morning and placed a log on the fire so he could cook bacon and eggs. He admitted he made no attempt to check whether a Total Fire Ban was in place, despite a radio reception being present in the area and the information readily available. The second man gave his details to the officer and stated he had not personally put wood on the fire but was present while his children did so. He said he was aware it was going to be a hot day and was packing early to leave. He assumed there might be restrictions but thought the fire was not an issue as it was small and contained in a pit. The third man admitted the fire had been burning after midnight the night before. He said he had left it smouldering, believing it was just hot coals, and did not know that the Total Fire Ban had commenced at midnight. The DEECA prosecutor told the court that while the men had been cooperative, extinguished the fire immediately, and made admissions, the offence was serious. The prosecutor said that the incident occurred at the peak of summer when there were already significant bushfires burning in Victoria. Had the fire escaped, “it could have been disastrous.” The court was told that the community cannot afford the risk of such behaviour, and that an adjourned undertaking with a payment to the CFA would be an appropriate outcome in the circumstances. Each of the accused apologised and said they would be more vigilant in future. The magistrate imposed three-month good behaviour bonds on each of the men and to pay $300 each to the CFA.

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