Victorian Consolidated Legislation

Country Fire Authority Act 1958 - SECT 48

Power to police, Chief Officer etc. to direct extinguishment of fire

48. Power to police, Chief Officer etc. to direct extinguishment of fire



(1) In this section authorized officer means-

   (a)  a member of the police force; or

   (b)  the Chief Officer; or

   (c)  any officer exercising the powers of the Chief Officer; or

   (d)  the captain of any brigade; or

   (e)  any officer of a brigade appointed generally or specially in respect
        of any district for the purpose of this section.

(1A) An authorized officer may direct-

   (a)  the occupier or owner of any land; or

   (b)  any person residing upon or in control of any land; or

   (c)  any person having lit or maintained a fire on any land within the
        country area of Victoria-

to extinguish the fire on that land or to take the steps directed by the
authorized officer to extinguish the fire or to prevent the fire from
spreading or causing injury.

(1B) A direction of an authorized officer must be complied with even if the
fire was lit or maintained in accordance with this Act and the regulations
under this Act.





(2) Every such owner occupier or person who when so directed as aforesaid-

   (a)  fails neglects or refuses to extinguish the fire forthwith or to take
        forthwith such steps as aforesaid; or

   (b)  purports to carry out the directions but does so in such a manner that
        the fire is not extinguished and breaks out or is likely to break out
        subsequently-

shall be guilty of an offence and liable to a penalty of not more than 50
penalty units or to imprisonment for a term of not more than twelve months or
to both such penalty and imprisonment.

(3) It is a defence to a prosecution under this section if the defendant
satisfies the court that, having regard to the direction and to the
circumstances of the particular case, he acted reasonably.