Australian Capital Territory Repealed Acts

This legislation has been repealed.

FIRE BRIGADE ACT 1957 (REPEALED) - SECT 12C

    (1)     Where the chief officer believes on reasonable grounds that flammable matter is so kept on particular premises in a built-up area as to cause, directly or indirectly, a danger to life or property in the event of fire, he or she may direct the owner of the premises to take specified action to eliminate the danger.

    (2)     In the exercise of the power under subsection (1), the matters to which the chief officer is to have regard include the following:

        (a)     the amount and type of any litter, timber or vegetation on the premises;

        (b)     the amount and type of other flammable matter on the premises;

        (c)     the prevailing and projected weather conditions;

        (d)     the nature, location and use of the premises and nearby premises;

        (e)     the possible effect of any fire on the premises and nearby premises;

        (f)     the availability of firefighting facilities;

        (g)     the action that the chief officer believes on reasonable grounds is necessary and reasonable to eliminate the danger;

        (h)     the period within which the chief officer believes it is necessary and reasonable for the action to be taken.

    (3)     A direction—

        (a)     shall be given in writing; and

        (b)     shall specify the action which the owner is to take to eliminate the danger; and

        (c)     shall specify the period within which the action is to be taken; and

        (d)     shall be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1); and

        (e)     shall indicate that, if the owner fails to comply with the direction, the chief officer may arrange for the elimination of the danger at the owner's expense; and

        (f)     if it requires the burning of matter—shall indicate that the burning must take place in accordance with the Environment Protection Act 1997.

    (4)     The period referred to in subsection (3) (c) shall not be less than 14 days commencing on the day on which the direction is given, except where it is given on a day or during a period in respect of which a warning about the spread of fires has been given under the Bushfire Act 1936, section 7A.

    (5)     A direction shall not be inconsistent with the Environment Protection Act 1997.