Northern Territory Numbered Acts

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BUSHFIRES MANAGEMENT ACT 2016 (NO 14 OF 2016) - SECT 48

Ancillary powers

    (1)     A fire control officer may:

    (a)     at any time, without warrant, enter any land:

        (i)     to examine a fire burning in the open air on that land or on any neighbouring land; or

        (ii)     to investigate the cause of a bushfire (whether during or after the bushfire); or

        (iii)     if the officer suspects on reasonable grounds that an offence against this Act has been committed on the land – to investigate the offence; or

    (b)     at any time, require a person whom the officer suspects on reasonable grounds of having committed an offence against this Act:

        (i)     to state their full name and place of residence; and

        (ii)     to produce any permit held by them; or

    (c)     at any time, require a person who has lit, or is maintaining or using, a fire in contravention of this Act to extinguish the fire immediately, or before leaving it, as the officer considers appropriate; or

    (d)     at a reasonable time without warrant, enter any land to assess whether it is necessary for firebreaks to be established on, or bush or other flammable material to be removed from, the land.

    (2)     In conducting an investigation mentioned in subsection (1)(a)(ii) or (iii), the fire control officer may:

    (a)     carry out a search of the land; or

    (b)     carry out a search of any vehicle or vessel on the land; or

    (c)     seize anything found on the land, vehicle or vessel that the officer believes on reasonable grounds is connected with the cause of a bushfire or the commission of an offence against this Act.

    (3)     Before carrying out an assessment mentioned in subsection (1)(d), if there is a person on the land who is or appears to be the occupier of the land, the fire control officer must show their identity card to the person.

    (4)     A fire control officer may direct a fire warden to exercise a power that the fire control officer may exercise under this section.

    (5)     If a fire warden is directed to do a thing by a fire control officer under subsection (4), the fire warden has power to do that thing.



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