(5) Subsection (4) does not apply to a person who, in S. 40(5) a part of Victoria where and at a time when a amended by Nos 45/1986 declaration of total fire ban applies, lights a fire in s. 5(a), the open air or allows a fire in the open air to 12/1989 s. 4(1)(Sch. 2 remain alight for a purpose specified in subsection item 17.10), (5A) for which a fire is necessary in accordance 17/2003 s. 7(2), 5/2012 with a permit granted— s. 29(7). (a) where the fire is to be lighted or allowed to S. 40(5)(a) amended by remain alight in the metropolitan district, by Nos 10043 the Chief Officer of the Metropolitan Fire s. 4(3)(a), 5/2012 and Emergency Services or by any other s. 29(8). officer whom he may authorize in writing; S. 40(5)(b) (b) where the fire is to be lighted or allowed to amended by remain alight in the country area of (other No. 10043 than on lands within a fire protected area) by s. 4(3)(b). the Chief Officer of the Authority; (c) where the fire is to be lighted or allowed to S. 40(5)(c) amended by remain alight in a fire protected area, by the Nos 10087 person for the time being holding the office s. 3(1)(Sch. 1 item 22), of or acting as the Chief Fire Officer in the 45/1986 s. 5(b), Department; or 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 5)), 5/2012 s. 29(9). (d) by the Minister under subsection (8). S. 40(5A) (5A) For the purposes of subsection (5), the following inserted by purposes are specified— No. 5/2012 s. 29(10). (a) the purpose of carrying on the work of— (i) a community organisation; or (ii) a charitable organisation; or (iii) an organisation involved in fund raising; or
S. 40(5) amended by Nos 45/1986 s. 5(a), 12/1989 s. 4(1)(Sch. 2 item 17.10), 17/2003 s. 7(2), 5/2012 s. 29(7). (5) Subsection (4) does not apply to a person who, in a part of Victoria where and at a time when a declaration of total fire ban applies, lights a fire in the open air or allows a fire in the open air to remain alight for a purpose specified in subsection (5A) for which a fire is necessary in accordance with a permit granted— S. 40(5)(a) amended by Nos 10043 s. 4(3)(a), 5/2012 s. 29(8). (a) where the fire is to be lighted or allowed to remain alight in the metropolitan district, by the Chief Officer of the Metropolitan Fire and Emergency Services or by any other officer whom he may authorize in writing; S. 40(5)(b) amended by No. 10043 s. 4(3)(b). (b) where the fire is to be lighted or allowed to remain alight in the country area of (other than on lands within a fire protected area) by the Chief Officer of the Authority; S. 40(5)(c) amended by Nos 10087 s. 3(1)(Sch. 1 item 22), 45/1986 s. 5(b), 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 5)), 5/2012 s. 29(9). (c) where the fire is to be lighted or allowed to remain alight in a fire protected area, by the person for the time being holding the office of or acting as the Chief Fire Officer in the Department; or (d) by the Minister under subsection (8). S. 40(5A) inserted by No. 5/2012 s. 29(10). (5A) For the purposes of subsection (5), the following purposes are specified— (a) the purpose of carrying on the work of— (i) a community organisation; or (ii) a charitable organisation; or (iii) an organisation involved in fund raising; or
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