New South Wales Consolidated Acts

RURAL FIRES ACT 1997 - SECT 74H

74H Failure of local authority to take action

(1) A complainant may, by notice in writing given or sent by post to the Commissioner, request the Commissioner to take action under this section if the complainant considers that the local authority has failed to exercise its powers under this Division in respect of the complaint.

(2) If the Commissioner is satisfied that a local authority has failed to deal with a bush fire hazard complaint, the Commissioner may investigate the complaint.

(3) The Commissioner may deal with a complaint whether or not a notice has been served under subsection (1).

(4) If the Commissioner finds that a bush fire hazard exists on land to which the complaint relates, the Commissioner may, by notice in writing served on the local authority, require it:

(a) to serve a notice under section 66 on the owner or occupier of the land if no bush fire hazard reduction notice has been served on the owner or occupier of the land, or

(b) subject to sections 67 and 68, to exercise its powers under section 70 in respect of the land if a bush fire hazard reduction notice has been served on the owner or occupier of the land.

(5) A local authority served with a notice under this section must comply with the requirements of the notice.