Northern Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BUSHFIRES MANAGEMENT ACT 2016 (NO 14 OF 2016) - SECT 68

Requirement to establish firebreaks

    (1)     The owner or occupier of land within a fire protection zone commits an offence if there is not a firebreak:

    (a)     around the perimeter of the land; or

    (b)     in another approved position on, or close to, the land.

Maximum penalty:     20 penalty units and 2 penalty units for each day during which the offence continues.

    (2)     The owner or occupier of land within a fire protection zone commits an offence if:

    (a)     there is on the land:

        (i)     a house or other permanent structure; or

        (ii)     a stationary engine; or

        (iii)     flammable material; and

    (b)     there is not a prescribed firebreak around the thing mentioned in paragraph (a).

Maximum penalty:     20 penalty units and 2 penalty units for each day during which the offence continues.

    (3)     An offence against subsection (1) or (2) is an offence of strict liability.

    (4)     It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant has a reasonable excuse.

    (5)     This section does not affect the requirement to obtain a permit for the lighting of a fire in order to create a firebreak by burning.

    (6)     In this section:

"approved position" means a position approved in writing by the executive director at the request of the owner or occupier.

"prescribed firebreak" means a firebreak that:

    (a)     is no less than 4 m wide; and

    (b)     is created by burning, grading, scraping, ploughing, mowing, slashing, spraying or grazing; and

    (c)     does not have any vegetation on it that is more than 50 mm high; and

    (d)     does not have any slash or dead material lying on it.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback