Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) Where the Director considers that it is necessary for fire-breaks to be established on, or flammable material to be removed from, any land, he may by instrument in writing served on:
(a) the owner, lessee, licensee, mortgagee in possession of or occupier of; or
(b) the person managing or controlling or apparently managing or controlling the use of,
that land,
(c) state that he intends to serve a notice under subsection (2) in respect of that land unless the person on whom the instrument is served, within 72 hours after service on him of the instrument, makes representations to the Director giving reasons why the proposed notice should not be served on him; and
(d) indicate the contents of the proposed notice.
(2) If no representations are made under subsection (1) to the Director or he considers that representations made to him do not disclose sufficient reason for him not to proceed, the Director may serve on the person on whom an instrument was served under subsection (1) a notice requiring that person to:
(a) establish on the land such fire-breaks as are specified in the notice; or
(b) remove from the land such flammable material as is specified in the notice.
(3) A notice under subsection (2):
(a) may specify the time within which the act specified in the notice is to be completed;
(b) if it requires the establishing of fire-breaks, may:
(i) specify the method of establishing those fire-breaks; and
(ii) require that the fire-breaks be maintained to the satisfaction of a fire warden for the period specified in the notice;
(c) if it requires the removal of flammable material, may require the destruction or disposal of that material by a method specified in the notice; and
(d) shall state that the person on whom it is served may, within 7 days after the service on him of the notice, request the Minister to review the terms of the notice.
(3A) A person on whom a notice under subsection (2) has been served may, within 7 days after the service on him of the notice, apply in writing to the Minister requesting the Minister to review the terms of the notice, setting out the reasons for such application, and the Minister may confirm, cancel or vary the notice in such manner as he thinks fit.
(3B) A person on whom a notice under subsection (2) has been served shall comply with and not contravene the requirements contained in the notice as served on him or as confirmed or varied by the Minister under subsection (3A), as the case may be.
Penalty: $5 000 or imprisonment for 2 years and $500 for each day during which the offence continues.
(3C) The Director shall advise the Council, at its meeting next following service by him of a notice under subsection (2), of the terms of the notice.
(4) Where a person served with a notice under subsection (2) fails to comply with the notice, a person authorized in writing by the Director for the purposes of this section may enter upon the land the subject of the notice and do such things as are necessary to comply with the notice, whether by himself or his employees, agents, licensees, servants or contractors, and with or without equipment and machinery.
(5) The cost to the Territory of work carried out under subsection (4) is a debt due and payable to the Territory and a statutory charge, within the meaning of the Land Title Act , on the land.
(6) An offence against subsection (3B) is a regulatory offence.