Northern Territory Numbered Acts

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BUSHFIRES MANAGEMENT ACT 2016 (NO 14 OF 2016) - SECT 95

Offence not to comply with notice

    (1)     A person commits an offence if the person fails to comply with a notice served on the person under section 92 (4) within the following time:

    (a)     if a request is not made under section 94 (1) – the time specified in the notice;

    (b)     if a request is made under section 94 (1) and the Minister confirms or varies the notice – 7 days after the person is notified of the Minister's decision under section 94 (3).

Maximum penalty:     100 penalty units.

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

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

    (4)     Subsection (5) applies if a person served with a notice under section 92 (4) fails to comply with it.

    (5)     A person authorised in writing by the executive director may enter the land that is the subject of the notice and do any things that are necessary to comply with the notice.

    (6)     A person may enter land under subsection (5):

    (a)     personally or by employees, agents, licensees, servants or contractors; and

    (b)     with or without equipment and machinery.

    (7)     The cost to the Territory of work carried out under subsection (5) is:

    (a)     a debt due and payable to the Territory; and

    (b)     a statutory charge on the land.



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