Northern Territory Numbered Acts

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BUSHFIRES MANAGEMENT ACT 2016 (NO 14 OF 2016) - SECT 46

Power to issue permits

    (1)     A person may apply to a fire control officer or fire warden for a permit to light a fire in the open air on land:

    (a)     within a fire protection zone; or

    (b)     within a fire danger area during a fire danger period.

    (2)     A person may apply to a fire control officer or fire warden for a permit to light a fire on land within a fire management zone by deploying an incendiary device from an aircraft in flight.

    (3)     A fire control officer or fire warden to whom an application is made under subsection (1) or (2) must determine the application by:

    (a)     issuing a permit, either conditionally or unconditionally; or

    (b)     refusing to issue a permit.

    (4)     A permit issued under this section must:

    (a)     be in writing; and

    (b)     specify:

        (i)     the land to which it relates; and

        (ii)     the period during which it is in force; and

    (c)     contain any conditions that the fire control officer or fire warden who issues it considers appropriate.

    (5)     A fire control officer or fire warden who determines an application by refusing to issue a permit must give the applicant written notice of the refusal.

    (6)     An applicant may appeal to the executive director against a refusal within 7 days after receiving notice of the refusal.

    (7)     On an appeal, the executive director may:

    (a)     confirm the refusal to issue the permit; or

    (b)     direct the fire control officer or fire warden to issue a permit to the applicant, either conditionally or unconditionally.

    (8)     A permit may be varied or revoked orally by a fire control officer or fire warden.

    (9)     An oral variation or revocation must be confirmed by written notice to the permit holder with 5 days after the variation or revocation.



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