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BUSH FIRES ACT 1954 - SECT 35AB

35AB .         Compliance with bush fire risk treatment standards

        (1)         In this section —

        bush fire risk treatment standards means bush fire risk treatment standards published under section 35AA(5);

        owner or occupier of land includes a department of the Public Service that occupies land or a State agency or instrumentality that owns or occupies land.

        (2)         An owner or occupier of land may comply with bush fire risk treatment standards that apply to the land, but is not required to do so.

        (3)         Subsection (2) does not authorise an owner or occupier of land to comply with bush fire risk treatment standards that apply to the land if that compliance would result in the owner or occupier failing to comply with —

            (a)         another provision of this Act that has effect in relation to the land; or

            (b)         a provision of another written law that has effect in relation to the land and that is prescribed by the regulations for the purposes of this subsection; or

            (c)         local laws referred to in section 33(5a) that apply to the land.

        (4)         Except as provided in subsection (3), an owner or occupier of land may comply with bush fire risk treatment standards that apply to the land despite any other written law.

        [Section 35AB inserted: No. 27 of 2016 s. 4.]

        [Heading amended: No. 14 of 1996 s. 4.]



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