(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(but where powers or functions under this section are withdrawn from a council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.