Australian Capital Territory Repealed Acts

This legislation has been repealed.

BUSHFIRE ACT 1936 (REPEALED) - SECT 5N

    (1)     The council may appoint a chief fire control officer.

    (2)     For the purpose of extinguishing or preventing the spread of any fire in any part of the ACT, other than a fire that is in a built-up area or a building and at which a member of the fire brigade is in attendance, the chief fire control officer shall have and may exercise the following powers and authorities:

        (a)     the control and direction of all workers employed in extinguishing the fire and of any persons who voluntarily place their services at his or her disposal;

        (b)     authority, either alone or with others under his or her control, to enter into any land or premises that may be on fire or in the neighbourhood of any fire for the purpose of taking any steps that he or she considers necessary for the extinguishment or for the prevention of the extension of a fire and he or she may take, or give directions for taking, any firefighting equipment into, through or on any land or premises that he or she considers convenient for the purpose;

        (c)     power to take measures that in the circumstances are reasonable and appear to him or her necessary or convenient for the protection of life and property and, for the purpose of extinguishing or preventing the spread of fire, may, with or without the consent of the owner—

              (i)     pull down, sever or remove any fence on any land or cause any such fence to be pulled down, severed or removed:

Provided that, as soon as practicable after any fence has been so pulled down, severed or removed, the chief fire control officer shall cause the fence to be temporarily repaired in an appropriate manner and shall notify the landowner accordingly;

              (ii)     burn or otherwise destroy or remove any grass, trees, scrub or vegetation on any land; and

              (iii)     remove or cause to be removed any stock on any land and shall, as soon as practicable after the removal, notify the owner accordingly;

        (d)     power to enter or give directions for entering any land or premises and take or cause to be taken water from that land or premises.

    (3)     The chief fire control officer shall exercise his or her powers and shall perform his or her duties in accordance with the manual.