South Australian Numbered Acts South Australian Numbered Acts56—Fire prevention on private land
(1) In this
section—
"authorised person" means an authorised person under the
Local Government Act 1999 ;
"flammable undergrowth" includes undergrowth that is likely to become
flammable.
(2) If a council
believes that conditions on private land in a fire district are such as to
cause an unreasonable risk of the outbreak of fire on the land, or the spread
of fire through the land, due to the presence of flammable undergrowth or
other flammable or combustible materials or substances, the council may, by
notice in writing that complies with any prescribed requirement, require the
owner to take specified action to remedy the situation within such time as may
be specified in the notice.
(3) A notice under
subsection (2) may include directions concerning the storage of flammable
or combustible materials or substances on the land (or in a building on the
land).
(4) A person to whom a
notice under subsection (2) is addressed must not fail to comply with the
notice.
Maximum penalty:
(a) in
the case of a person who wilfully fails to comply with a notice—$10 000;
(b) in
any other case—$1 250.
Expiation fee: except in the case of a person who wilfully fails to comply
with a notice—$160.
(5) The council may,
by further notice in writing, vary or revoke a notice under this section.
(6) A notice under
subsection (2) or (5) may be given—
(a)
personally; or
(b) by
post; or
(c) if
the council cannot, after making reasonable inquiries, ascertain the name and
address of the person to whom the notice is to be given—
(i)
by publishing the notice in a newspaper circulating in
the area of the land; and
(ii)
by leaving a copy of the notice in a conspicuous place on
the land.
(7) If a notice under
subsection (2) or (5) is directed to the occupier of land, the council
must take reasonable steps to serve a copy of the notice on the owner.
(8) Service under
subsection (7) may be effected—
(a)
personally; or
(b) by
post.
(9) An
authorised person may, for purposes connected with the administration or
enforcement of this section, after giving reasonable notice to the occupier of
land, enter and inspect the land.
(10) If a person fails
to comply with the requirements of a notice under this section, the council
may proceed to carry out those requirements and may recover the expenses
incurred as a debt due to it from the person to whom the notice was addressed.
(11) Any expenses
recoverable under subsection (10) will be a charge against the land to
which they relate and may be recovered as if they were rates in arrears.
(12) A person to whom
notice is addressed may appeal against a requirement of the notice to the
District Court.
(13) An appeal must be
instituted within 14 days of the requirement being imposed.
(14) The appellant
must send a copy of the notice of appeal to the council that issued the notice
to which the appeal relates.
(15) If the
District Court confirms, varies or substitutes a requirement, the person to
whom the requirement is addressed must comply with the requirement within a
period specified by the District Court.
Maximum penalty: $10 000 or imprisonment for 2 years.