New South Wales Consolidated Acts

RURAL FIRES ACT 1997 - SECT 70

70 Bush fire hazard reduction work in default of compliance with notice

(1) In this section:
"relevant notice" means:

(a) a bush fire hazard reduction notice, or

(b) if a bush fire hazard reduction notice is the subject of an objection or appeal, a notice under section 67 (4) or 68 (4), respectively.

(2) If within the time specified in the relevant notice the owner or occupier to whom it is given fails to comply with any requirement of the notice, the local authority or any officers or members of any fire brigade or rural fire brigade or other persons authorised by the local authority may, without prejudice to the liability of the owner or occupier, enter on the land and carry out the bush fire hazard reduction work the owner or occupier was required to do under the notice.

(3) The expenses of carrying out the bush fire hazard reduction work are a debt recoverable from the owner or occupier of the land in any court of competent jurisdiction.

(4) The local authority must exercise its power under this section if the requirement that has not been complied with is made by a bush fire risk management plan.

(5) The provisions of the Local Government Act 1993 , with respect to:

(a) the charge of a rate under that Act on the land in respect of which it is levied, and

(b) the time within which proceedings for the recovery of the rate may be taken,

apply to and in respect of any judgment recovered under this section against the owner of land by the local authority and recorded in the books, as if the amount of the judgment and of any costs awarded to the local authority in respect of its claim were a rate levied under that Act in respect of the land concerned.