Filenews 14 January 2025 - by Vassos Vasileiou
In addition to a prison sentence of up to ten years and a fine of up to €75,000 for causing a fire in the countryside, the Court may impose a fine equal to the amount of money spent on extinguishing or has been used or can be used for the environmental restoration of the damage carried out by the fire.
The provision is included in the comprehensive bill ("The Prevention and Extinguishing of Rural Fires Law of 2024"), which has been submitted to Parliament.
According to the provisions of the bill, citizens must make available to the fire authorities water in their possession and which can be used for fire extinguishing purposes. Specifically, it is provided that "the water of any reservoir, well or spring in the Republic may be used by the extinguishing forces to suppress a fire in the countryside, without the prior consent of the owner or manager".
The bill adds that "the owner or manager of this water is obliged to provide all necessary facilities to the extinguishing forces for pumping the water." A person who refuses to allow the use of water is guilty of an offence and, if convicted, is liable to a fine not exceeding €1,000.
Violation of a decree of the Minister for use in an open area of tools, machinery or other equipment under the relevant article of the legislation is charged with €2.000.
Besides, for lighting a fire (with specific exceptions) it is charged with a fine of €2.500.
Preparing or heating food without complying with the stipulated conditions is punishable by a fine of €1,000, while burning (between December 1st and April 15th) branches etc. is punished with €1,000.
The abandonment of an unextinguished fire that was lit in the countryside is punished with €2,000. At the same time, disposal of an unquenchable match or cigarette or other object that may cause a fire is punished with €1,000.
The following are punishable by up to six years in prison or a fine of up to €30,000:
> Any person who causes a fire in the open air regardless of the starting point, without causing damage to the countryside or to the property of a third person.
> Due to reckless or negligent action, behaviour or omission or failure to take all necessary precautions.
> Due to improper operation of any motor vehicle or negligent use in an open area in the countryside of tools, machinery, appliances or other equipment, which during their use cause heat, flame or spark and may cause fire.
With a prison sentence of up to ten years or a fine of up to €75,000 is punishable:
> Any person who causes a fire in the open air regardless of the starting point, resulting in damage to the countryside or to the property of a third person.
> Due to reckless or negligent action, behaviour or omission or failure to take all necessary precautions.
> Due to improper operation of any motor vehicle or negligent use in an open area in the countryside of tools, machinery, appliances or other equipment, which during their use cause heat, flame or spark and may cause fire.
Penalties and obligations after the outbreak of the fire
A prison sentence of up to five years or a fine of up to €25,000 is provided for anyone who abandons an unextinguished fire lit in the countryside and/or discards a lit match or cigarette or other object that may cause a fire in the countryside, is guilty of an offence and, if convicted, is liable to imprisonment not exceeding five years or to a fine not exceeding €25,000 or to both of these penalties.
According to the provisions of the bill, in the event of a fire explosion, the District Officer or a member of the Police may require any person under his responsibility any car, agricultural tractor, excavator or other motor vehicle to assist with such car, agricultural tractor, excavator or other motor vehicle in extinguishing the fire.
All persons who meet the request for assistance by disposing of their vehicle receive market rent for its use. Any person who, without sufficient justification, does not comply with the above requirement is guilty of an offence and, if convicted, is liable to a fine not exceeding €1,000.
The owner must, as soon as the requisition is announced in any way and called upon to do so, either by individual written notice or by telephone or otherwise at the discretion of the District Officer, to immediately present the vehicle or machine to the place designated by the District Officer.
A person who has control of the vehicle or machine and attends in accordance with the Notification is subject to the instructions of the District Officer or the person responsible for extinguishing the fire.
On the basis of the promoted legislation, the Minister of the Interior may, upon the recommendation of the District Officer, issue a decree prohibiting the use in an open space in the open air of tools, machinery, appliances or other equipment for cutting or welding metals or other materials that during their use cause heat, flame or spark and may cause fire, in case the weather conditions in the Republic are such that favour the outbreak and expansion of fires.
At the same time, it is forbidden for any person to light a fire anywhere in the countryside except in the following cases:
For the preparation or heating of food within specially designed areas located in organized picnic and camping areas or in licensed individual residences, in a specially designed for this purpose outdoor area, or in catering or recreation centers licensed by the Deputy Ministry of Tourism.
In addition to natural persons, when in the course of applying the law an offence is committed by a legal person or by a person acting on behalf of a legal person and it is proved that it has been committed with the consent, complicity or approval or has been facilitated by the demonstrated negligence of a consultant, director, secretary or any other natural person (who appears to be acting in such a capacity) he is also guilty of the aforementioned offence.
All extrajudicial fines may be settled if requested in writing by the person to whom the extrajudicial fine was issued and approved by the District Officer.
The settlement can be made by paying monthly instalments, for extrajudicial cases equal to or exceeding the amount of €250 or by extending the deadline for payment of the extrajudicial fine, which will not exceed 30 days.
