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Fire Control Amendment, RPPL No. 9-27 2014

PALAU

AN ACT

To increase the penalty for the illegal burning of land, woods, stumps, logs, brush, grass or fallen timber.

THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:

Section 1. Amendment. 34 PNC § 5101 is hereby amended as follows:

“§ 5101.  Fires to clear land; permission required.

(a)  No fires to clear land, including the burning of stumps, logs, brush, dry grass or fallen timber, shall be started without the prior written permission of the Bureau of Public Safety’s Division of Fire at the Ministry of Justice.

(b)  . . . ”

Section 2. Amendment. 34 PNC § 5102 is hereby amended as follows:

“§ 5102.  Same; penalties.

(a)  A person who, without proper and valid authorization, sets any fire in violation of the provisions of section 5101 of this title shall be guilty of a misdemeanor, and liable to be fined up to one thousand dollars ($1,000.00), or imprisoned not more than one (1) month, or both.

(b)  A person who, without proper and valid authorization:

(1)  willfully, maliciously, or negligently sets on fire or causes to be set on fire any woods, brush, prairies, grass, grain or stubble on any lands not owned, leased or controlled by him, or

(2)  willfully, maliciously, or negligently allows a fire to escape from land owned, leased, or controlled by him whereby any property of another is injured or destroyed, or

(3)  accidentally sets or causes to be set any fire on land not owned, leased or controlled by him or sets or causes to be set any fire on land owned, leased or controlled by him which spreads to the land of another, and allows such fire to escape from his control without using every effort to extinguish it, shall be deemed guilty of a misdemeanor and liable to be fined not more than one thousand dollars ($1,000.00), or imprisoned for a period of not more than six (6) months, or both.

(c) Any person who is authorized by a permit issued according to § 5101, who sets a fire or causes a fire to be set that results in destruction or damage to the property of the another person due to the permit holder’s negligent, willful, or reckless conduct shall be penalized according to the discretion of the Bureau of Public Safety’s Division of Fire, up to the one thousand dollars ($1,000.00) fine or one (1) month imprisonment limitation in § 5102.

(d) . . .

(e) . . .

(f) . . . ”

Section 3. Effective date.
This Act shall take effect upon its approval by the President of the Republic of Palau, or upon its becoming law without such approval.

PASSED: April 24, 2014

Approved this 14th day of May , 2014.

______________/s/__________________
HE Tommy E. Remengesau, Jr.
President
Republic of Palau