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COUNTRY FIRE AUTHORITY ACT 1958 - SECT 44A

Power to Chief Officer to close roads

S. 44A(1) amended by No. 2/1995
s. 13(f), substituted by No. 5/2012 s. 35(1).

    (1)     This section applies—

        (a)     if there is a fire or a threat of a fire anywhere within the country area of Victoria; and

        (b)     regardless of whether the fire is lighted under and in accordance with this Division or is part of burning off operations carried out under and in accordance with this Act or any direction or permit given or issued under this Act or under and in accordance with the Forests Act 1958 or any direction or authority given under that Act.

S. 44A(1A) inserted by No. 5/2012 s. 35(1).

    (1A)     The Chief Officer may, for the purpose of protecting life, property or the environment, or if in his or her opinion smoke from a fire impairs visibility on any road to such an extent that the safety of any persons using the road is endangered—

        (a)     close any road or part of any road affected, or likely to be affected, as a consequence of a fire or smoke from a fire; and

        (b)     direct traffic on any road in the vicinity of the closed road or closed part of a road.

S. 44A(2) amended by No. 5/2012 s. 35(2).

    (2)     The power conferred on the Chief Officer by subsection (1) shall be exercisable by the Chief Officer or by any officer in charge of a brigade or group of brigades or by any person to whom section 30A applies who is present at the fire.

    (3)     This section shall be read and construed as in aid of and not in derogation from the powers and authorities conferred on the Chief Officer by or under this or any other Act.

Nos 5040
s. 46, 5651 s. 2(1)(j).



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