Katoomba man fined for lighting backyard fire during total fire ban
A Katoomba man allegedly knew he was lighting a fire in his backyard during a total fire ban but didn’t think it was an issue.
The Blue Mountains News
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A man who allegedly knew he was lighting a fire in his backyard during a total fire ban but didn’t think it was an issue because it was contained and had a hose nearby, has been fined $2200.
The Katoomba man joins the ranks of people facing legal action for fire-related offences this bushfire season which has so far claimed 18 lives, destroyed hundreds of millions of animals, thousands of homes, and over 4.9 million hectares of land.
The 56-year-old was allegedly lit a backyard fire on Saturday’s total fire ban day — the same day as Penrith was crowned the hottest place on Earth, reaching a high of 48.9 degrees Celsius.
Police attended his Camp St residence at 9.30pm following multiple reports of a backyard fire, Blue Mountains Police Area Command crime manager, Detective Inspector Scott McAlpine, said.
The temperature in Katoomba was 32°C at that time.
The man allegedly told police he had a small fire burning in the backyard while he was entertaining guests. He didn’t feel it was an issue because it was contained and he had a hose nearby.
He told police he was aware of a total fire ban being in place on Saturday.
He was asked to extinguish the fire in front of police and was issued an infringement notice for Fail to Comply with Total Fire Ban Order under S99(11) of the Rural Fires Act 1997.
It comes as Strike Force Tronto — the lead investigative body on suspicious or deliberately-lit bushfires which lead to death, serious injury or significant property loss — continues its investigations.
Detective Inspector McAlpine stressed that the 56-year-old from Katoomba fined on Saturday is not a target of Strike Force Tronto’s investigations.
Since November 8, 2019, Strike Force Tronto has taken legal action against more than 180 people – including 40 juveniles – for 205 bushfire-related offences, ranging ranges from cautions through to criminal charges.
Of note:
- 24 people have been charged over alleged deliberately-lit bushfires;
- 53 people have had legal actions for allegedly failing to comply with a total fire ban; and
- 47 people have had legal actions for allegedly discarding a lighted cigarette or match on land.
Strike Force Tronto, comprised of detectives from the Financial Crimes Squad’s Arson Unit, has been working closely with individual police area commands and police districts to provide specialist assistance and advice to police on the ground.
Investigations into the cause, origin and overall impact of fires are continuing and since the latest State of Emergency was declared last Thursday, Strike Force Tronto has provided expertise to six police area commands and eight police districts.
Police are appealing to the community to provide footage and/or images from phones, dashcam, or other devices, that show any of the fires in their infancy, even if only from a distance.
Penalties under the NSW Crimes Act, Rural Fires Act, and Rural Fires Regulation include:
- Damaging property with the intention of endangering life: up to 25 years imprisonment;
- Manslaughter: up to 25 years imprisonment;
- Starting a bushfire and being reckless as to its spread: up to 21 years imprisonment;
- Lighting a fire when a total fire ban is in place: up to 12 months imprisonment and/or a $5500 fine;
- Not putting out a fire that you have lit: up to 12 months imprisonment and/or a $5500 fine;
- Failing to comply with a bush fire hazard reduction notice: up to 12 months imprisonment and/or a $5500 fine;
- Light or use a tobacco product within 15 metres of any stack of grain, hay corn, straw or any standing crop, dry grass or stubble field: up to a $5500 fine.
In November a magistrate denied an alleged Blue Mountains firebug any opportunity to light fires this summer by refusing his application for bail.
Jacobee Butler, of Bell, is accused of sparking multiple grass fires in the Blue Mountains in early 2019.
Magistrate Fiona Toose denied his bail application on the basis of “his propensity to light fires” and “the number of witnesses” — police told the court there were five.
Butler is due to appear at Katoomba Local Court via video link again on March 17, 2020.
For more information on bushfires, monitor rfs.nsw.gov.au or call the Bush Fire Information Line on 1800 679 737.
Anyone with information that may assist Strike Force Tronto investigators is urged to contact Crime Stoppers by on 1800 333 000 or via nsw.crimestoppers.com.au.