Northern Territory Consolidated Acts

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BUSHFIRES ACT - SECT 51

Ancillary powers

    (1)     A fire control officer and fire warden may:

        (a)     at any time without a warrant, enter land:

            (i)     to examine a fire burning in the open on that land or any neighbouring land;

            (ii)     to investigate the cause of a bushfire (whether during or after the bushfire); or

            (iii)     if he or she suspects on reasonable grounds that an offence against this Act or the Regulations has been committed on the land – to investigate the offence;

        (b)     require a person reasonably suspected of having committed an offence against this Act or the Regulations:

            (i)     to give his or her full name and place of residence; and

            (ii)     to produce any permit held by him or her;

        (c)     require a person who has lit or is using a fire in contravention of this Act or the Regulations to extinguish the fire immediately, or before the person leaves the site of the fire, as the fire control officer or fire warden thinks fit; and

        (d)     at a reasonable time without a warrant, enter land to assess whether it is necessary for firebreaks to be established on, or flammable material to be removed from, the land.

    (2)     In conducting an investigation referred to in subsection (1)(a)(ii) or (iii), the fire control officer or fire warden may:

        (a)     carry out a search of the land;

        (b)     carry out a search of any vehicle or vessel on the land; and

        (c)     seize anything found on the land, vehicle or vessel that he or she believes on reasonable grounds is connected with the cause of a bushfire or the commission of an offence.

    (3)     Before carrying out an assessment referred to in subsection (1)(d), if there is a person on the land who is or appears to be the occupier of the land, the fire control officer or fire warden must produce to the person proof of his or her appointment as a fire control officer or fire warden.



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