Lighting of Fires in the Open Air

Author: Andrew George

Practice area: public order offences

Andrew is a founding Director of Doogue + George, ranked by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1995 with over 30 years of experience across all Victorian courts, tribunals and Royal Commissions. His depth of experience in this area means clients receive accurate, considered advice.

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Andrew authored this content and last revised it for accuracy on 6 August 2026.

What is the offence of Lighting of Fires in the Open Air?

Lighting of Fires in the Open Air is an offence under section 11 of the Summary Offences Act 1966 (Vic). It applies to the use or control of fire in open-air settings where strict legal responsibilities apply, particularly in relation to safety, supervision, and the risk of harm arising from the fire.

Key points

Legal basis: Section 11 Summary Offences Act 1966 (Vic)
Prohibited conduct: Lighting, using, or leaving an open-air fire in breach of statutory obligations
Court: Magistrates’ Court of Victoria

The maximum penalty for Lighting of Fires in the Open Air is 25 penalty units ($5,227 as at 2026-27) or imprisonment for 12 months, or both.

Common defences may include lack of responsibility for the fire, compliance with statutory exceptions, or absence of endangerment or damage.

Have you been accused of Lighting of Fires in the Open Air?

Police Interview

Everything you tell a Police officer in the interview may be used in Court against you. Police officers are trying to build their case by having you fill in the gaps in their evidence through your admissions. They are experts at having you answer questions that they know will make you look like a liar when the interview is later played in Court. You will not look guilty if you answer no comment. You will not avoid being charged if you answer all their questions. Please call us before you attend an interview for some advice about the do’s and don’ts for your personal circumstances. We can also attend the interview if you need support or are uncomfortable with Police or the process.<

Pleading Not Guilty

If you plan on pleading not guilty it is important to receive advice early from our expert lawyers. We can review the brief and give you practical advice about the strengths and weaknesses of the Prosecution case. There may be evidence missing that we can discover with our own investigations., Maybe you have an alibi that we can lock in and present to Police. Maybe you have a reasonable defence or are simply not to blame. We have multiple in-house counsel and accredited criminal law specialists who defend our clients at Court and win every single day.

Pleading Guilty

If you are at fault and wish to plead guilty we can help you through this process. We can assist you in obtaining character references and writing apology letters to victims. We can help you organize restitution if the case requires it which can go a great way to mitigating your penalty in case such as these. We will make sure the Court understands how and why the offence happened and further understands that they are sentencing a human being on their worst day, not just a ‘criminal. We have many years of experience preparing for pleas and know what does and does not persuade the Court to ensure you receive the fairest sentence.

Which court will the case be heard in?

Lighting of fires in the open air is a summary offence heard in the Magistrates’ Court.

Examples of Lighting of Fires in the Open Air

A person lights a fire in an area of their backyard which is close to a neighbours yard where there is a children’s party.
A person lights a fire and then incorrectly believing it is being attended to, leaves the area where the fire is burning.
A person lights a fire that damages a neighbours property.

Legislation

The legislation for this offence can be found on section 11 of

Summary Offences Act 1966.

Lighting of fires in the open air

Except as provided in subsection (2), a person must not—
1. light or use a fire in the open air or carry when lighted any flammable material resulting in the destruction, damaging or endangering of the life or property of others; or
2. leave a fire in the open air which that person has lighted or of which that person is in charge without leaving another person in charge of that fire.
Penalty: 25 penalty units or imprisonment for 12 months or both.
Subsection (1) does not apply to the owner or occupier of any land or a person acting under the direction of an owner or occupier of any land who burns any grass, stubble, weeds, scrub, undergrowth or any vegetation, wood or other flammable material in an area of land if—
1. a fire-break of not less than 3 metres and cleared of all flammable material has been prepared around the perimeter of the area of land; and
2. at least two hours before burning is commenced, notice of intention to burn has been given to each owner or occupier of land contiguous to the area of land.
This section does not apply in the country area of Victoria within the meaning of the Country Fire Authority Act 1958 during a fire danger period within the meaning of that Act.
This section does not affect the right of any person to sue for and recover at common law or otherwise compensation for or in respect of any damage caused by reckless or negligent use of fire.¹

Have you been accused of lighting a fire in the open air?

Elements of the offence

The Police can prove this charge in 2 ways. They can show that an accused lit or used a fire in the open air, and that fire endangered the life of another, or damaged the property of another. They can also show that an accused person lit, or was in charge of a fire in the open air, and that they left that fire unattended.

Defences

You were not responsible for lighting the fire
The fire did not endanger the life or property of someone else
You put someone else in charge of the fire
One of the subsection (2) exceptions applies

Questions in cases like this

Were you responsible for lighting the fire?
Had notice been given to your neighbours?
Was the fire close to any property or people?

Maximum penalty for section 11 of the Summary Offences Act 1966

If convicted of Lighting of Fires in the Open Air (s11 of the Summary Offences Act 1966), the accused may face a maximum penalty of 25 penalty units ($5,227 as at 2026-27) or imprisonment for 12 months, or both.

Deciding on whether to plead guilty or not has consequences for you and should be made after proper discussion with a criminal lawyer.

In serious cases where the fire has caused extensive damage, the culprit may receive a prison sentence. However in most cases one is likely to receive a fine or a Community Corrections Order.

FAQ about Lighting of Fires in the Open Air

What must the prosecution prove for Lighting of Fires in the Open Air?

To establish the offence, the prosecution must prove either that a person lit or used a fire in the open air and the fire destroyed or damaged property, or endangered the life or property of another person, or that the person lit, used, or was in charge of a fire in the open air and left it without leaving another person in charge.

Is it illegal to leave a campfire or outdoor fire unattended in Victoria?

Yes. A person commits an offence if they leave a fire in the open air that they lit, used, or were responsible for, without ensuring another person remains in charge of the fire. The offence focuses on supervision and control, regardless of whether damage has already occurred.

What is the penalty for Lighting of Fires in the Open Air?

The maximum penalty for Lighting of Fires in the Open Air under section 11 of the Summary Offences Act 1966 is 25 penalty units ($5,227 as at 2026-27) or imprisonment for 12 months, or both. The penalty applies to each offence proven under the section.

When can landowners legally burn vegetation on their property?

An exception applies where an owner or occupier of land, or a person acting under their direction, burns grass, stubble, weeds, scrub, undergrowth, or other vegetation or flammable material, provided a fire-break of at least three metres cleared of flammable material surrounds the area and at least two hours’ notice is given to each adjoining landowner or occupier.

Does the offence apply during fire danger periods?

The offence does not apply in the country area of Victoria during a declared fire danger period within the meaning of the Country Fire Authority Act 1958. This exclusion is specific to those areas and periods as defined under that legislation.

What does “endangering life or property” mean under this offence?

The offence can be made out where a fire creates a risk to another person’s life or property. Actual damage is not required if the fire exposed people or property to danger as a result of how or where it was lit or used.