In South Australia, you will be guilty of the offence of causing a bushfire under section 85B of the Criminal Law Consolidation Act 1935 if you cause a bushfire by intending to cause a bushfire; or being recklessly indifferent as to whether his or her conduct causes a bushfire.
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Major indictable offence
District Court of South Australia
Maximum penalty of life imprisonment
Causing a Bushfire Key Facts
| Offence | Intentionally or recklessly causing a bushfire without lawful excuse, under Section 85B of the Criminal Law Consolidation Act 1935 (SA). A bushfire is a fire that burns, or threatens to burn, out of control causing damage to vegetation (whether or not other property is also damaged or threatened). |
| Maximum Penalty | For arson, there is no differentiation between aggravated or basic, and in South Australia the maximum penalty for causing a bushfire is life imprisonment. |
| Typical Sentence | Sentences vary; custodial sentences are common due to the serious risk to life and property, but may depend on intent, recklessness and scale of damage caused. |
| Which Court? | Cases are typically heard in the District Court of South Australia, given the serious nature of the offence. |
| Process Timeline | Arrest → Police Interview → Bail Consideration → Committal Proceedings in Magistrates Court → Trial in District Court The timeline can vary based on case complexity (Average: 18–24 months) |
| Possible Defences | 1. Lawful Excuse - You had a lawful excuse for the lighting of the bushfire. An offence is not committed if the bushfire only damages vegetation (or other property) on either or both of the following: - the land of the person who causes the fire; - the land of a person who authorised, or consented, to the act of the person who caused the fire; or - the bushfire results from operations genuinely directed at preventing, extinguishing or controlling a fire. 2. Lack of Intent - That you did not intend to light the fire, and that you were also not recklessly indifferent. Further, that your actions did not cause the fire. 3. Mistaken Identity - Providing evidence that the accused was not responsible for starting the fire. |
Causing a Bushfire Case Scenarios
Below are examples of how causing a bushfire may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
An individual negligently leaves a campfire unattended during a declared fire danger season, resulting in a small bushfire that is quickly contained with minimal damage.
What to expect:
The court may consider the lack of intent and minimal damage. Possible outcomes could include a good behaviour bond or community service. However, given the seriousness of these offences custodial sentences are still likely.
Mid-Level Offence
Scenario:
A person recklessly uses machinery that emits sparks during a total fire ban, leading to a bushfire that damages several hectares of land and threatens nearby properties.
What to expect:
Given the reckless behaviour and significant damage caused, the court will likely impose a custodial sentence.
High-Level Offence
Scenario:
An individual intentionally sets multiple fires across different locations during extreme fire danger conditions, causing widespread destruction to property, endangering lives, and requiring extensive emergency response efforts.
What to expect:
Due to the severity, including deliberate intent, extensive damage, and endangerment to life, the court is likely to impose a lengthy custodial sentence.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
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Causing a Bushfire FAQ’s
If you need more information about arson related offences in South Australia, these FAQs answer the most common questions.
What must the prosecution prove for a causing a bushfire charge?
To be convicted of causing a bushfire the prosecution must prove that:
- A bushfire was caused;
- That you intentionally, or with reckless indifference caused the bushfire.
- That it was not done in one of the lawful prescribed circumstances.
Contact one of Adelaide’s top criminal lawyers for assistance in your bushfire or arson matter.
Can I be charged if the fire was only on my own property?
Under section 85B(3)(a), you are not guilty if the bushfire only damages vegetation (or other property) on:
- Land you own or occupy; or
- Land owned by someone who authorised or consented to your actions.
What does ‘recklessly indifferent’ mean in this context?
Reckless indifference means you were aware of a real risk that your actions could start a bushfire but proceeded anyway, disregarding the consequences. This is sufficient for criminal liability under section 85B(1)(b).
Can a minor be charged with causing a bushfire?
Yes. However, under section 85B(4)(a), if the offender is under 16, the court does not have to order compensation. That said, minors can still face criminal penalties and court-imposed consequences.
Can a court order compensation after a bushfire conviction?
Yes. Under section 85B(4) and section 124 of the Sentencing Act 2017 (SA), courts must order the offender to pay compensation unless:
- The person is under 16;
- The person has no financial means;
- Or special circumstances apply.
Will a bushfire offence show up on a criminal record check?
Yes. A conviction for causing a bushfire is considered a disclosable court outcome (DCO) and will appear on a Nationally Coordinated Criminal History Check, affecting job prospects, visas, and other applications.
Is there a difference between bushfire offences and arson under South Australian law?
Arson (under section 85(1)) involves damaging property (usually buildings or vehicles) by fire or explosives and carries a maximum penalty of life imprisonment. Bushfire offences (under section 85B) focus specifically on vegetation and the uncontrolled spread of fire, with a 20-year maximum penalty.
Can I be charged for lighting a fire during a total fire ban?
Lighting a fire in breach of a fire ban or without proper authorisation may support a prosecution under section 85B if it results in a bushfire. It may also breach separate environmental and fire prevention laws in South Australia.
How does South Australian law compare with bushfire laws in other states?
- In New South Wales, similar conduct is prosecuted under section 203E of the *Crimes Act 1900 (NSW), with a maximum penalty of 21 years.
- In Victoria, bushfire offences are prosecuted under section 197 of the *Crimes Act 1958 (VIC), carrying a 15–25 year range depending on intent.
What should I do if I am charged with causing a bushfire?
You should seek advice from a criminal defence lawyer immediately. Bushfire offences carry significant penalties and complex evidentiary requirements. We can help assess whether a lawful excuse applies, challenge the charge and represent your interests in court.
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