Victorian Consolidated Legislation

Forests Act 1958 - SECT 71

Liability of Secretary for damage caused by fire

71. Liability of Secretary for damage caused by fire



(1) The Secretary shall be liable for any damage caused by any fire which was
lit kindled or maintained by or on behalf of the Secretary or any authorised
officer and which was negligently permitted to spread.



(2) Where any person incurs any liability in consequence of damage caused by
any fire lit kindled or maintained by such person on the direction of the
Secretary or of any authorised officer the Secretary shall indemnify such
person from such liability if such person-

   (a)  obeyed and complied with the regulations and all directions of the
        Secretary and of any authorised officer with respect to such fire; and



   (b)  did not cause or permit the spread of such fire by any wilful or
        negligent act or omission.



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