Victorian Consolidated Legislation

Country Fire Authority Act 1958 - SECT 41C

Appeal against notices

41C. Appeal against notices



(1) If a person has lodged an objection under section 41B and-

   (a)  the fire prevention officer has failed to confirm, vary or withdraw
        the notice within 14 days; or





   (b)  the person is not satisfied with the confirmation or variation of the
        notice-

the person may appeal in writing to the Chief Officer within 7 days of the end
of that 14 day period or the date of the confirmation or variation, whichever
is earlier, stating the grounds of appeal.

(2) The Chief Officer-

   (a)  must consider the appeal within a reasonable time; and

   (b)  must take into account all relevant circumstances, including the
        proper needs of conservation and alternative means of addressing the
        threat of fire.

(3) After considering the appeal, the Chief Officer must-

   (a)  confirm the notice; or

   (b)  vary the notice in any way the Chief Officer thinks fit; or

   (c)  cancel the notice.

(4) If the Chief Officer confirms or varies the notice he or she must specify
a new time within which the person must comply with the notice.

(5) In sections 41D and 41E, fire prevention notice includes a fire prevention
notice as confirmed or varied in accordance with this section.