Victorian Consolidated Legislation

Forests Act 1958 - SECT 65

Enforcement of burning off etc. near State forest or national park

65. Enforcement of burning off etc. near State forest or national park



(1) Any authorised officer if he deems it necessary so to do for the
prevention of fire may in writing direct any owner or occupier or person or
body of persons having the control or management of any land within 1×5
kilometres of the boundary of any State forest protected public land or
national park-

   (a)  to remove, destroy by burning or abate in any manner directed, a fire
        hazard on such land;

   (b)  where the Secretary within the State forest or protected public land
        or national park and adjoining any such land has carried out or is
        carrying out any work for fire prevention or control-to carry out on
        such land adjoining and within 50 metres of the boundary of the State
        forest protected public land or national park similar work for fire
        prevention or control as directed by the authorised officer.

(2) The Secretary may aid and co-operate with any such owner occupier person
or body in carrying out any such removal destruction abatement or work where
the Secretary deems it necessary and desirable so to do.



(3) If any such owner occupier person or body fails or neglects to comply with
any direction under this section-

   (a)  such owner occupier or person or the members of such body shall be
        guilty of an offence against this Act; and

   (b)  the Secretary may cause to be carried out the removal destruction
        abatement or work directed to be carried out.





(4) Where any such land is unoccupied and the owner thereof is unknown or
cannot be promptly found the Secretary may cause to be carried out the removal
destruction abatement or work directed to be carried out.



(5) Where the Secretary causes any removal destruction abatement or work to be
carried out pursuant to this section-





   (a)  the Secretary may recover the costs thereof in any court of competent
        jurisdiction from any owner or occupier of such land;





   (b)  in the case of land other than Crown land, until paid or recovered
        such costs shall be and remain a charge on the land and if not paid
        within six months after demand such costs shall bear interest at the
        rate of Six per centum per annum from the date of demand;

   (c)  the Secretary must furnish to the Registrar of Titles a certificate of
        charge under the seal of the Secretary describing the land charged and
        setting out particulars of the title to the land and stating that
        there are costs payable under this section in respect of the land; and





   (ca) the Registrar of Titles must make a recording of the certificate in
        the Register; and





   (d)  until any such costs together with any interest are paid no sale or
        transfer of the land on which the same are charged shall be made or
        registered.

(5A) When the amount set out in a certificate under subsection (5) together
with any interest is paid, the Registrar of Titles, on lodgment of a
certificate of discharge under the seal of the Secretary, must delete the
recording of the charge from the Register or make a recording in the Register
of the discharge.

(6) Nothing in this section shall apply with respect to any land vested in or
under the control of the Melbourne and Metropolitan Board of Works.

(7) In any legal proceedings under the provisions of this section and in
addition to any other method of proof available evidence that the person
proceeded against is rated in respect of any land to any general rate for the
municipality within which the land is situated shall unless the contrary is
proved be evidence that that person is the owner or occupier (as the case may
be) of that land.