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FORESTS ACT 1958 - SECT 67 Duty to prevent spread of fire etc.

FORESTS ACT 1958 - SECT 67

Duty to prevent spread of fire etc.

S. 67(1) amended by Nos 6976 s. 13, 8587 s. 8, 41/1987 s. 103(Sch. 4 item 24.73), 37/2014 s. 10(Sch. item 67.2).

    (1)     Every person who finds any fire burning in any State forest protected public land or national park or in any fire protected area during any period when there is danger of the spread of fire shall do everything that is reasonably within his power to prevent such fire from spreading and shall as soon as practicable report the existence of such fire to the nearest authorised officer or police officer.

S. 67(2) amended by Nos 41/1987 s. 103(Sch. 4 item 24.73), 37/2014 s. 10(Sch. item 67.2).

    (2)     When any fire is unlawfully burning on any land in any fire protected area during the prohibited period the occupier of such land shall take all reasonable measures at his own expense to extinguish such fire and shall as soon as practicable report the existence of such fire to the nearest authorised officer or police officer.

S. 67(3) amended by Nos 41/1987 s. 103(Sch. 4 item 24.73), 48/2004 s. 115(1), 37/2014 s. 10(Sch. item 67.2).

    (3)     Every person who holds a lease licence permit or authority under this Act or is employed by any person holding any such lease licence permit or authority or is employed by the State of Victoria or who is a timber harvester shall furnish as soon as practicable to the nearest authorised officer or police officer any information he may possess regarding any outbreak of fire during the prohibited period in any fire protected area.

S. 67(4) inserted by No. 48/2004 s. 115(2).

    (4)     In subsection (3) "timber harvester" means a person—

        (a)     who has entered into an agreement with VicForests under the Sustainable Forests (Timber) Act 2004 for the harvesting and sale of timber resources or the harvesting or sale of timber resources within the meaning of that Act; or

        (b)     undertaking timber harvesting operations within the meaning of that Act.

S. 68 substituted by No. 8945 s. 3.