QLD Can I Challenge Council Ruling on 'No Fire' Prohibitions?

[Raf]

Hello to you all.

Is a cooking fire lighted on the beach below the high water mark an offence in QLD where a "No Fire" sign is displayed above the high water mark?

Here is the situation I experienced:

I was on a yacht cruising long distance away from it all for long periods of time. The other day, I was in the need of cooking my bread. I dropped anchor in a bay about one km distance from the houses, went ashore with the camp oven and lighted a fire on the beach below the high water mark.

Above the high water mark is a sign that reads: "No fire permitted outside fire places supplied by the council".

Soon after I lighted the fire, a man raced to me saying to be a member of the fire brigade in that area and that I was on a council regulated no fire zone and I had no right to lit the fire. I replied that council did not supply any fire places as the sign implied and my understanding is that council has no authority over the beach because the council boundary is up to the high water mark and, below the high water mark, technically is the sea bed.

Also I mentioned that food is a human right and so is the preparation, including fire for cooking. The man wasn't happy with that and called the water police. (We were in an island and there were no other authorities).

Water police, on a big boat, came from the main land about 1 hour later and due to the draft of their vessel, they could not come ashore so they stood in deep water about 200 m distance from shore and talked on the high speaker saying that they had been called by a member of the local fire brigade and that I had to acknowledge that the council has authority.

Then they said: “Have a good night, mate” and they went away. No fine was issued.

Other details:

The high fire danger had not been issued for the area.

The fire I lighted was small and well looked after.

Near the fire, I had a bucket full of water to control any unwanted spreading.

The fire had been lighted a safe distance from vegetation and posed no threat to the bush.

So here it is:

There are "No Fire" prohibitions all over Queensland coast, islands and anchorages and I'm faced with having to challenge council ruling in order to be free to cook my food ashore. Do I stand any chance to win a legal battle against council ruling over this issue? Should a fine be imposed upon me?

Thank you.

 

[Rod]

Probably is an offence.

Think you are confusing private ownership limits (high water mark) with Government ownership and control (low water mark and up to 3 miles offshore depending on context).

You wanting to cook on a fire ban day has to be balanced against the protection of property and lives. Very easy for a wind to whip out embers and carry them to dry grass. Is it really worth you having a meal versus the potential of someone losing their life or loved ones, especially when you have options and can have cooking facilities aboard your boat, or carry sufficient supplies of ready to eat bread?

As a kid who used to play in the Aussie bush I've seen how easy it is for a fire to get out of control. Much of our vegetation carry volatile oils with low flash points. On a 30 degree day it can take just one ember in the wrong area.

 

[@thelawbundle]

Raf,

To challenge Council's authority - you first need to establish that they're acting outside of their authority.

From what you've said, it doesn't sound like Council has taken any action against you - is that the case? It actually sounds like State employees have made representations about Council's jurisdiction (but that the Council has not been involved)?

Just FYI - Council's usually have Local Laws (an old by-law) which regulate your ability to conduct fires in certain areas that they control (which may or may not extend to the area in which your fire was made).

To be able to offer you more helpful advice, someone on this forum would need to understand:

- the decision that Council has made (e.g. whether they have issued a fine to you under their Local Laws);
- the Council area in which the fire was lit (so that the relevant Local Laws etc. can be determined); and
- the exact area in which your fire took place (to determine whether Council has any jurisdiction over that area, whether the relevant legislation under which Council has issued you a fine applies to that area etc.).

Best wishes.

 

[Raf]

Thank you for your reply.

This is what I found:

In Queensland, it is illegal to light a fire in the open without a permit.

Exemptions include:
Fires less than 2 metres in all directions (these fires are not exempt during fire danger periods. During these periods, you must obtain a permit from a fire warden)

• BBQs and campfires (for cooking) lit in a properly prepared fireplaces
• Certain fires used by primary producers and for industrial purposes.

Fire permits | Emergency services and safety | Queensland Government