Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts6. After section 5 of the principal Act the following sections are inserted:
“5AA. (1) An inspector may enter land outside a built-up area in accordance with a notice under subsection (2) where he or she believes, on reasonable grounds, that it is necessary to do so—
(a) for the purposes of section 5AC; or
(b) for the purposes of ensuring compliance with section 5S.
“(2) At least 24 hours before an inspector proposes to enter land under subsection (1), he or she shall give written notice to the owner of the land stating the time and purpose of entry.
“5AB. An inspector who enters land in accordance with section 5AA is not authorised to remain on that land if, on the request of the owner of that land, the inspector does not show his or her identity card to the owner.
“5AC. (1) If an inspector believes on reasonable grounds that the owner of land outside a built-up area is in breach of subsection 5S (1) with respect to the land, the inspector shall give the owner written directions requiring the owner to take such action as is reasonable in the circumstances to prevent and inhibit the outbreak and spread of fire on that land and to protect property from fire on that land or spreading from that land.
“(2) In giving directions under subsection (1), the matters to be considered by an inspector include the following:
(a) the amount and type of litter, timber or vegetation on the land (whether that timber or vegetation is alive or dead);
(b) the amount and type of other inflammable materials on the land;
(c) climatic conditions affecting the land;
(d) the location and use of the land and nearby land;
(e) the possible effect of fire on the land and nearby land.
“(3) Directions given under subsection (1) shall include—
(a) a statement of the period for compliance, and the amount of the penalty for non-compliance; and
(b) statements to the effect that—
(i) subject to the Administrative Appeals Tribunal Act 1989 an application may be made to the Tribunal for a review of the decision to give directions; and
(ii) except where section 26 (11) of that Act applies—a person whose interests are affected by such a decision may request a statement pursuant to section 26 of that Act.
“(4) The validity of a decision to give directions is not affected by a failure to comply with paragraph (3) (b).
“(5) The period for compliance with directions referred to in paragraph (3) (a) shall be not less than 14 days, except where the directions are given on a day or during a period referred to in subsection 7A (1).
“(6) A person shall not, without reasonable excuse, fail to comply with a direction under subsection (1) within the period specified under paragraph (3) (a).
Penalty for contravention of subsection (6): $1,000 or imprisonment for 3 months, or both.
“5AD. Application may be made to the Tribunal for a review of a decision by an inspector to give directions under subsection 5AC (1).”.