New South Wales Consolidated Acts

RURAL FIRES ACT 1997 - SECT 67

67 Objection to notices

(1) The owner or occupier of land on whom a notice has been served under section 66 may, within 7 days of the service of the notice, lodge an objection with the local authority for the area in which the land is situated stating the grounds of objection.

(2) If a person lodges an objection, the local authority and the person must genuinely attempt to resolve the matter by consultation having regard to:

(a) the provisions of any bush fire risk management plan applicable to the land that is in force, and

(b) the matters referred to in section 66 (6), and

(c) the proper needs for conservation, and

(d) such other matters as may be prescribed by the regulations.

(3) Within 14 days of the lodging of an objection, the local authority must:

(a) confirm the notice, or

(b) vary the notice, if the local authority is satisfied that the variation will appropriately address the threat of fire, or

(c) withdraw the notice, if the local authority is satisfied that there is no longer any need for the notice to be served.

(4) If the local authority confirms or varies the notice, the local authority must give the person who lodged the objection notice of its decision and must specify a time after the notice is given within which the person must comply with the notice as confirmed or varied.

(5) A local authority may delegate any of its functions under this section (other than this power of delegation) as follows:

(a) in relation to land that is situated in a rural fire district-to the fire control officer for the district,

(b) in relation to land that is situated in a fire district-to an officer or member of a fire brigade.

(6) Any act, matter or thing done by such a delegate of the local authority for the purposes of this section is taken to have been done by the local authority.