FIRE AND EMERGENCY SERVICES ACT 2005 - SECT 105F
FIRE AND EMERGENCY SERVICES ACT 2005 - SECT 105F
105F—Private land
(1) An owner of
private land must take reasonable steps—
(a) to
prevent or inhibit the outbreak of fire on the land; and
(b) to
prevent or inhibit the spread of fire through the land; and
(c) to
protect property on the land from fire; and
(d) to
minimise the threat to human life from a fire on the land.
Maximum penalty: $5 000.
(2) In determining the
standard required to comply with subsection (1) (but subject to
subsection (4)), the following matters are to be taken into account
(insofar as may be relevant and without limiting any other relevant matter):
(a) the
nature of the land;
(b)
whether the land is in a country, metropolitan, township or other setting;
(c) the
activities carried out on the land (including whether flammable or combustible
materials or substances are used or stored on the land);
(d)
other statutory standards or requirements that apply to or in relation to the
land.
(3) The regulations
may prescribe 1 or more codes of practice for the purposes of
subsection (1).
(4) In proceedings for
an offence against subsection (1)—
(a) if
it is proved by the prosecution—
(i)
that a code of practice under subsection (3) relates
to land of the kind to which the proceedings relate; and
(ii)
that the defendant is in breach of the code in 1 or more
respects,
then the defendant is, in the absence of proof to the contrary, to be taken to
have failed to exercise the standard required under subsection (1); and
(b) if
it is proved by the defendant—
(i)
that a code of practice under subsection (3) relates
to land of the kind to which the proceedings relate; and
(ii)
that the defendant has complied with the code in all
relevant respects,
then the defendant is to be taken to have exercised the standard required
under subsection (1).
(5) If an authorised
person believes on reasonable grounds—
(a) that
an owner of private land has failed to comply with subsection (1); or
(b) that
measures should be taken in respect of particular private land for the purpose
of—
(i)
preventing or inhibiting the outbreak of fire on the
land; or
(ii)
preventing or inhibiting the spread of fire through the
land; or
(iii)
protecting property on the land from fire,
the authorised person may, by notice in writing that complies with any
requirements set out in the regulations, require the owner of the private land
to take specified action to remedy the default or to protect the land or
property on the land, within such time as may be specified in the notice.
(6) Without limiting
the operation of subsection (5), a notice under that subsection may
include directions—
(a) to
trim or remove vegetation on the land; or
(b) to
remove flammable or combustible materials or substances, or to store flammable
or combustible materials or substances in a specified manner; or
(c) to
eliminate a potential ignition source; or
(d) to
create, establish or maintain fire breaks or fuel breaks.
(7) An authorised
person must, in acting under subsection (5), apply any guidelines
prepared or adopted by the Minister for the purposes of that subsection and
published by the Minister in the Gazette.
(8) A person must not
refuse or fail to comply with a notice under subsection (5).
Maximum penalty: $10 000.
(9) A notice under
subsection (5) may be given—
(a)
personally; or
(b) by
post; or
(c) if
the authorised person cannot, after making reasonable inquiries, ascertain the
name and address of the person to whom the notice is to be given—
(i)
by publishing the notice—
(A) on a website determined by the
Minister; or
(B) in a newspaper circulating in the
locality of the land; and
(ii)
by leaving a copy of the notice in a conspicuous place on
the land.
(10) An authorised
person may, by further notice in writing, vary or revoke a notice under this
section.
(11) If a notice under
subsection (5) is directed to an occupier of land, the authorised person
must take reasonable steps to serve (personally or by post) a copy of the
notice on the owner.