A conviction against a Perth man who started a fire in a national park last summer will be reviewed after investigations revealed the state’s fire service didn’t have the authority to declare a total fire ban.

The 34-year-old man, who was convicted of lighting sparklers near the edge of the Kalamunda National Park in February, will have his case reviewed, while charges against an off-duty policeman whose power tool caused sparks alleged to have started the Kelmscott and Roleystone fires have been dropped.

Police said legal advice revealed that former Fire and Emergency Services Authority (FESA) CEO Jo Harrison-Ward didn’t have the authority to declare a total fire ban.

Police will now seek to have the conviction of the Perth man overturned and will look into reimbursing his legal costs of more than $869.

Acting FESA CEO Frank Pasquale says the authority is rectifying its processes on the formal declarations of fire ban days.

He says the organisation had been operating under the belief that the CEO is authorised by a sub-delegation from the board to make these declarations.