It has been a long, hot summer. This summer has seen quite a few days of total fire ban and for some reason it has also revealed quite a few absurd situations. Before Christmas, the bans snuffed out the candles at Candles by Candlelight and the flocks of participants watched by torchlight instead. As the season wore on, we found that not only could one not cook the proverbial egg on the asphalt in the heat, but that those charged with the task of up-grading white lines could not use burners to melt the old ones off first. More hot air arose on the issue with concern over the propane burners in Canberra’s scenic balloons. The thing reached the level of a diplomatic incident when complaints were made that fires were burning at the Aboriginal Embassy outside old Parliament House, despite the ban. The eternal argument continued yet further last week with a suggestion that the flame at the Tomb of the Unknown Soldier might be in breach of the total fire ban.
One can only hope that the weather change that came over the region at the weekend brings a cooler approach. One can only speculate as to why this summer brought on testiness. Perhaps there is a growing legalism in society which puts strict adherence to the rules above common sense. Perhaps there was a concern among politicians and administrators of repercussions if they put common sense over the strict letter of the law.
It shows, however, that the law should make greater use of broad discretions rather than attempt to foresee every situation or impose total rigid bans, provided, of course, that the discretion can be exercised, in matters as trivial as an exemption from a fire ban, without expensive appeals to courts
Sometime before next summer, a flexible administrative arrangement should be put in place so the chief fire office can exempt some activities in some places. That may allow candles and ceremonial fires on the lush lawns of the inner city, but not allow flame on roads near tinder-box grasslands.