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FORESTS ACT 1958 - SECT 71 Liability of Secretary for damage caused by fire

FORESTS ACT 1958 - SECT 71

Liability of Secretary for damage caused by fire

S. 71(1) amended by Nos 41/1987 s. 103(Sch. 4 items 24.78, 24.79), 76/1998

s. 10(1)(s).

    (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.

S. 71(2) amended by Nos 41/1987 s. 103(Sch. 4 item 24.79), 76/1998

s. 10(1)(s).

    (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—

S. 71(2)(a) amended by Nos 41/1987 s. 103(Sch. 4 items 24.78, 24.79), 76/1998

s. 10(1)(s).

        (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.

S. 72 amended by Nos 41/1987 s. 103(Sch. 4 items 24.80, 24.81), 76/1998 s. 10(1)(s), repealed by No. 48/2004 s. 116(4),

new s. 72 inserted by No. 5/2012 s. 116.