South Australian Numbered Acts

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FIRE AND EMERGENCY SERVICES ACT 2005 (NO 40 OF 2005) - SECT 83

83—Private land

        (1)         In this section—

"responsible authority" means—

            (a)         in relation to land within the area of a council—the council for that area;

            (b)         in relation to land outside the area of a council—SACFS,

(but where powers or functions under this section are withdrawn from a council and vested in an officer of SACFS under Subdivision 7, a reference to the responsible authority in relation to those powers or functions is a reference to that officer rather than that council).

        (2)         The owner of private land in the country must take reasonable steps to protect property on the land from fire and to prevent or inhibit the outbreak of fire on the land, or the spread of fire through the land.

Maximum penalty: $5 000.

        (3)         An owner of private land must, in acting under subsection (2), take into account proper land management principles.

        (4)         If—

            (a)         an owner of private land fails to comply with subsection (2); or

            (b)         a responsible authority believes that conditions on private land are such as to cause an unreasonable risk of the outbreak of fire on the land, or the spread of fire through the land,

the responsible authority may, by notice in writing that complies with any prescribed requirement, require the owner to take specified action to remedy the default, or eliminate or reduce the risk, within such time as may be specified in the notice.

        (5)         A notice under subsection (4) may include directions concerning the storage of flammable or combustible materials or substances on the land (or in any building on the land).

        (6)         A person to whom a notice under subsection (4) 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.

        (7)         The responsible authority may, by further notice in writing, vary or revoke a notice under this section.

        (8)         A notice under subsection (4) or (7) may be given—

            (a)         personally; or

            (b)         by post; or

            (c)         if the responsible authority 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 locality of the land; and

                  (ii)         by leaving a copy of the notice in a conspicuous place on the land.

        (9)         If a notice under subsection (4) or (7) is directed to an occupier of land, the responsible authority must take reasonable steps to serve a copy of the notice on the owner.

        (10)         Service under subsection (9) may be effected—

            (a)         personally; or

            (b)         by post.

        (11)         A fire prevention officer, or any other authorised officer, may, for purposes connected with the enforcement of this section, after giving reasonable notice to the occupier of land, enter and inspect the land.

        (12)         If a person fails to comply with the requirements of a notice under this section, the responsible authority 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.

        (13)         Any expenses recoverable under subsection (12) will be a charge against the land to which they relate and may be recovered as if they were rates in arrears.

        (14)         A person to whom notice is addressed may appeal against a requirement of the notice.

        (15)         An appeal under subsection (14) must be made—

            (a)         where the notice was issued by a council—to the Chief Officer;

            (b)         in any other case—to the Commission.

        (16)         An appeal—

            (a)         is instituted by written notice of appeal setting out in detail the grounds of appeal; and

            (b)         must be instituted within 14 days of the requirement being imposed unless the appellate authority, in its discretion, allows an extension of time for instituting the appeal.

        (17)         The appellant must send a copy of the notice of appeal to the responsible authority that issued the notice to which the appeal relates.

        (18)         Subject to a determination of the appellate authority, where an appeal is instituted, the requirement being appealed against is suspended until the appeal is determined or withdrawn.

        (19)         For the purposes of dealing with an appeal, the appellate authority may adopt such procedures as it thinks fit.

        (20)         On hearing an appeal, the appellate authority may—

            (a)         confirm the requirement; or

            (b)         vary the requirement in such manner as it thinks fit; or

            (c)         cancel the requirement; or

            (d)         substitute a new requirement; or

            (e)         refer the matter back to the responsible authority for further consideration.

        (21)         If the appellate authority 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 appellate authority.

Maximum penalty: $10 000 or imprisonment for 2 years.

        (22)         In this section—

"authorised officer" means a person authorised by the Chief Officer to exercise the powers of an authorised officer under this section.



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