BUSH FIRES ACT 1954 - SECT 28

BUSH FIRES ACT 1954 - SECT 28

28 .         Occupier of land to extinguish bush fire occurring on own land

        (1)         Where a bush fire is burning on any land —

            (a)         at any time in any year during the restricted burning times; or

            (b)         during the prohibited burning times,

                and the bush fire is not part of the burning operations being carried on upon the land in accordance with the provisions of this Act, the occupier of the land shall forthwith, upon becoming aware of the bush fire, whether he has lit or caused the same to be lit or not, take all possible measures at his own expense to extinguish the fire.

        (1B)         Where he requires assistance for the purpose he shall if practicable, without leaving the fire unattended, inform or cause to be informed the nearest available bush fire control officer, or bush fire brigade officer, of the existence and locality of the fire.

        (2)         For the purposes of this section, a fire lit before the commencement of a period of prohibited burning times relating to the district where the fire is situated, and which is still burning at the commencement of those prohibited burning times, is to be regarded as being a bush fire which is not part of the burning operation being carried on upon the land in accordance with the provisions of this Act.

        Penalty: $10 000.

        (3)         Where the occupier of the land upon which a bush fire is burning fails to take measures to extinguish it as required by subsection (1), a bush fire liaison officer, a bush fire control officer of any local government or an authorised CALM Act officer employed in connection with any forest land which is within 3 km of the land where the fire is burning may enter upon the land where the fire is burning and take all proper measures to extinguish it.

        (4)         In so far as the measures taken by the bush fire liaison officer, bush fire control officer or authorised CALM Act officer are necessitated by reason of the failure of the occupier of the land to comply with subsection (1), any expenses incurred by the bush fire liaison officer, bush fire control officer or authorised CALM Act officer, in taking measures to extinguish the fire, shall be a debt owing by the occupier of the land to the State, local government or CALM Act CEO, respectively.

        (5)         The FES Commissioner (on behalf of the State), local government, or CALM Act CEO, as the case may be, may recover the expenses from the occupier in any court of competent jurisdiction.

        [Section 28 amended: No. 11 of 1963 s. 14; No. 113 of 1965 s. 8(1); No. 94 of 1972 s. 4 (as amended: No. 83 of 1973 s. 3); No. 65 of 1977 s. 27, 47 and 48; No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 39 and 40; No. 28 of 2006 s. 388; No. 19 of 2010 s. 52(4); No. 22 of 2012 s. 58.]

[ 29.         Deleted: No. 65 of 1977 s. 28.]