{"id":"bushfires-management-act-2016","name":"Bushfires Management Act 2016","slug":"bushfires-management-act-2016","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29884,"registerId":"nt-bushfires-management-act-2016-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Bushfires Management Act 2016.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n3 Definitions\nIn this Act:\nacting in an official capacity, in relation to a fire control officer,\nfire warden or authorised bushfire volunteer, means the officer,\nwarden or volunteer is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Act.\napproved form means a form approved under section 105.\narea fire management plan means a plan prepared under\nsection 83(1).\nauthorised bushfire volunteer means an authorised bushfire\nvolunteer appointed under section 51.\nbush includes trees, shrubs, plants, scrub, stubble, grass and\nundergrowth, whether alive or not and whether standing or not.\nBushfires NT means the unit of the Agency known by that name.\nchief fire control officer means the chief fire control officer\nappointed under section 16.\n\nPart 1 Preliminary matters\nBushfires Management Act 2016 2\ncontrol, in relation to a fire, includes extinguish.\nCouncil means the Bushfires Council established by section 21.\nexecutive director means the public sector employee holding or\noccupying the position of executive director of Bushfires NT.\nfire ban area, see section 66.\nfire ban period means a fire ban period declared under section 65.\nfirebreak means an area clear of bush and other flammable\nmaterial.\nfirebreak notice, see section 93(1).\nfire control officer means a fire control officer appointed under\nsection 18.\nfire danger area, see section 63.\nfire danger period means a fire danger period declared under\nsection 62.\nfire management area means a fire management area declared\nunder section 60(a).\nfire management zone means a fire management zone declared\nunder section 58.\nfire protection zone means a fire protection zone declared under\nsection 56.\nfire warden means a fire warden appointed under section 43.\nflammable material includes:\n(a) matter capable of combustion:\n(i) by the application of heat; or\n(ii) by means of a spark or flame; or\n(iii) by spontaneous causes; and\n(b) matter prescribed to be flammable material.\nflammable material notice, see section 93(2).\nin the open air means any place other than in a permanent\nstructure.\n\nPart 1 Preliminary matters\nBushfires Management Act 2016 3\nland includes land covered with water.\nlight a fire, see section 4.\noccupier, in relation to land, means a person in charge or control of\nthe land and, in relation to land in respect of which a licence is held\nunder the Crown Lands Act 1992 (other than under section 91 of\nthat Act), includes the holder of the licence.\nowner, in relation to land, means the person in actual receipt of, or\nentitled to receive, the rents and profits of the land or who, if the\nland was let, would be entitled to receive the rents and profits\nincluding as beneficiary, trustee, executor or mortgagee in\npossession or as agent or attorney for another person.\npermanent structure means a structure of a permanent kind\nconsisting of a roof and fully or partly enclosed sides including a\ncaravan but not including a tent.\npermit means a permit issued under section 46.\nproperty fire management plan means a plan prepared under\nsection 70.\npublic notice, see section 5.\nregional bushfire management plan means a plan endorsed\nunder section 78(3).\nregional committee means a regional bushfires committee\nestablished by section 32.\nsenior fire control officer means a senior fire control officer\nappointed under section 17.\nsmall fire means a fire lit for the purpose of:\n(a) camping; or\n(b) cooking; or\n(c) boiling water; or\n(d) disposing of the carcass of an animal.\nstatutory charge, see section 4 of the Land Title Act 2000.\nvehicle includes:\n(a) any means of conveyance that runs on wheels; and\n\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary matters","content":"Part 1 Preliminary matters\nBushfires Management Act 2016 4\n(b) a train or part of a train; and\n(c) an aircraft.\nvolunteer bushfire brigade means a volunteer bushfire brigade\nestablished under section 54(1).\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n4 Light a fire\nFor this Act, a person is taken to light a fire if the person:\n(a) lights, maintains or uses the fire; or\n(b) aids, counsels or procures another person to light, maintain or\nuse the fire; or\n(c) causes the fire to occur; or\n(d) does any act that is likely to result in spreading the fire; or\n(e) as the owner or occupier of the land on which the fire is lit –\npermits another person to light, maintain or use the fire.\n","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Public Notice","content":"5 Public Notice\nFor this Act, a person gives public notice of a matter by publishing\nnotice of the matter:\n(a) in a newspaper circulating in the Territory or in the part of the\nTerritory to which the matter relates; or\n(b) on a radio or television station broadcasting in the Territory or\nin the part of the Territory to which the matter relates; or\n(c) on roadside message boards in the Territory or in the part of\nthe Territory to which the matter relates; or\n(d) on the Internet; or\n(e) in any other manner as the executive director considers\nappropriate.\n","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Application","content":"6 Application\nThis Act does not apply to an area declared to be an emergency\nresponse area under section 4 of the Fire and Emergency\nAct 1996.\n\nPart 2 Administration\nDivision 1 Role of the Minister\nBushfires Management Act 2016 5\n","sortOrder":3},{"sectionNumber":"7","sectionType":"section","heading":"Act binds Crown","content":"7 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Application of Criminal Code","content":"8 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 8\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Administration\nDivision 1 Role of the Minister\n","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Minister must consider advice of Council","content":"9 Minister must consider advice of Council\n(1) This section applies to any decision by the Minister relating to\nmitigating, managing or suppressing bushfires in the Territory.\n(2) In making a decision, the Minister must consider any advice given\nby the Council relating to the matter to be decided.\n(3) As soon as practicable after making a decision relating to a matter\non which the Council had given advice, the Minister must, by written\nnotice given to the Council:\n(a) specify how the Minister treated that advice in making the\ndecision; and\n(b) if the decision is not consistent with that advice – the reason\nwhy.\n","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"Acquisition and maintenance of vehicles etc.","content":"10 Acquisition and maintenance of vehicles etc.\nThe Minister may acquire, by purchase or otherwise, and maintain\nany vehicle or equipment that the Minister considers necessary for\npreventing or controlling bushfires.\n\nPart 2 Administration\nDivision 2 Bushfires NT\nBushfires Management Act 2016 6\n","sortOrder":7},{"sectionNumber":"11","sectionType":"section","heading":"Provision of financial assistance","content":"11 Provision of financial assistance\nThe Minister may provide to the owner or occupier of any land any\nfinancial or other assistance, on any terms that the Minister\nconsiders appropriate, to assist that owner or occupier in preventing\nand controlling bushfires on their land.\n","sortOrder":8},{"sectionNumber":"12","sectionType":"section","heading":"Delegation","content":"12 Delegation\nThe Minister may delegate any of the Minister's powers and\nfunctions under this Act to a person.\nDivision 2 Bushfires NT\n","sortOrder":9},{"sectionNumber":"13","sectionType":"section","heading":"Role of Bushfires NT","content":"13 Role of Bushfires NT\nBushfires NT is, through the Chief Executive Officer, responsible for\nassisting the Minister in administering this Act.\n","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Executive director","content":"14 Executive director\n(1) Subject to the direction and control of the Chief Executive Officer,\nthe executive director is responsible for the management of\nBushfires NT.\n(2) Without limiting subsection (1), the functions of the executive\ndirector are:\n(a) to implement measures for the mitigation, management and\nsuppression of bushfires; and\n(b) to assist the Council and each regional committee generally in\nthe exercise of its powers and the performance of its functions\nand duties; and\n(c) to determine how Government funded firefighting assets are to\nbe allocated among volunteer bushfire brigades.\n(3) The executive director has the powers necessary to perform the\nexecutive director's functions.\n(4) Without limiting subsection (3), the executive director may, by\nwritten notice given to the captain of a volunteer bushfire brigade,\ndirect the captain to transfer Government funded firefighting assets\nheld by the brigade and specified in the notice to another brigade\nspecified in the notice.\n(5) The executive director may delegate any of the executive director's\npowers and functions under this Act to a public sector employee.\n\nPart 2 Administration\nDivision 3 Fire control officers\nBushfires Management Act 2016 7\n(6) The Chief Executive Officer:\n(a) has, and may exercise, all the powers of the executive\ndirector; and\n(b) may perform any of the functions of the executive director.\n","sortOrder":11},{"sectionNumber":"15","sectionType":"section","heading":"General orders","content":"15 General orders\n(1) The executive director may, from time to time, issue any general\norders and instructions that are necessary to ensure the effective\nand efficient operation of Bushfires NT and volunteer bushfire\nbrigades.\n(2) Without limiting subsection (1), the general orders and instructions\nmay, subject to this Act, provide for any of the following:\n(a) operating procedures for Bushfires NT and volunteer bushfire\nbrigades;\n(b) the appointment of authorised bushfire volunteers;\n(c) training standards and requirements for public sector\nemployees employed in Bushfires NT and authorised bushfire\nvolunteers;\n(d) arrangements for implementing the chain of command in\nresponding to bushfire incidents;\n(e) response arrangements in relation to incidents not involving a\nbushfire.\nDivision 3 Fire control officers\n","sortOrder":12},{"sectionNumber":"16","sectionType":"section","heading":"Chief fire control officer","content":"16 Chief fire control officer\n(1) The Minister may, by Gazette notice, appoint a public sector\nemployee to be the chief fire control officer.\n(2) Subject to the direction and control of the executive director, the\nchief fire control officer is responsible for managing the operational\nactivities of Bushfires NT and the volunteer bushfire brigades.\n(3) The chief fire control officer has the powers necessary to perform\nthe chief fire control officer's functions.\n(4) The executive director:\n(a) has, and may exercise, all the powers of the chief fire control\nofficer; and\n\nPart 2 Administration\nDivision 3 Fire control officers\nBushfires Management Act 2016 8\n(b) may perform any of the functions of the chief fire control\nofficer.\n(5) The chief fire control officer may delegate any of the chief fire\ncontrol officer's powers and functions under this Act to a public\nsector employee.\n(6) Without limiting subsection (3), the chief fire control officer has all\nthe powers of a fire control officer under this Act.\n","sortOrder":13},{"sectionNumber":"17","sectionType":"section","heading":"Senior fire control officers","content":"17 Senior fire control officers\n(1) The Minister may, by Gazette notice, appoint a person to be a\nsenior fire control officer.\n(2) The function of a senior fire control officer is to assist the chief fire\ncontrol officer in the exercise and performance of the powers and\nfunctions of chief fire control officer.\n(3) A senior fire control officer has the powers necessary to perform the\nfunction mentioned in subsection (2).\n(4) Without limiting subsection (3), a senior fire control officer has all\nthe powers of a fire control officer under this Act.\n","sortOrder":14},{"sectionNumber":"18","sectionType":"section","heading":"Fire control officers","content":"18 Fire control officers\nThe Minister may, by written notice, appoint all persons who hold or\noccupy a particular position in Bushfires NT to be fire control\nofficers.\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Identity card","content":"19 Identity card\n(1) The Minister must give a person who is a fire control officer an\nidentity card stating the person's name and that the person is a fire\ncontrol officer.\n(2) The identity card must:\n(a) show a recent photograph of the fire control officer; and\n(b) show the card's date of issue; and\n(c) be signed by the officer.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n\nPart 2 Administration\nDivision 4 Bushfires Council\nBushfires Management Act 2016 9\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Return of identity card","content":"20 Return of identity card\n(1) A person who ceases to be a fire control officer must return the\nperson's identity card to the Minister within 21 days after the\ncessation.\nMaximum penalty: 20 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the person has a reasonable excuse.\nDivision 4 Bushfires Council\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Bushfires Council","content":"21 Bushfires Council\n(1) The Bushfires Council is established.\n(2) The Bushfires Council:\n(a) represents the Territory; and\n(b) enjoys the privileges, rights or immunities of the Crown in right\nof the Territory; and\n(c) is within the shield of the Crown in right of the Territory.\n22 Function\nThe function of the Council is to advise the Minister on measures to\nbe taken to mitigate, manage and suppress bushfires in the\nTerritory.\n","sortOrder":18},{"sectionNumber":"23","sectionType":"section","heading":"Powers of Council","content":"23 Powers of Council\n(1) The Council has the powers necessary to perform its function.\n(2) The Council may at any time direct the chairperson of a regional\ncommittee to call a meeting of that committee.\n","sortOrder":19},{"sectionNumber":"24","sectionType":"section","heading":"Terms of reference","content":"24 Terms of reference\n(1) The Minister may, by written notice given to the Council, determine\nterms of reference for the Council.\n(2) In performing its function, the Council must comply with any terms\nof reference determined under subsection (1).\n\nPart 2 Administration\nDivision 4 Bushfires Council\nBushfires Management Act 2016 10\n","sortOrder":20},{"sectionNumber":"25","sectionType":"section","heading":"Members","content":"25 Members\n(1) The Council consists of not less than 9 members appointed by the\nMinister by Gazette notice.\n(2) The Minister must ensure that at least one member of each regional\ncommittee is appointed as a member of the Council.\n(3) The Minister must, by Gazette notice, appoint a member of the\nCouncil as chairperson of the Council and another member as\ndeputy chairperson.\n","sortOrder":21},{"sectionNumber":"26","sectionType":"section","heading":"Term of appointment","content":"26 Term of appointment\nSubject to this Act, a member holds office for the period, not\nexceeding 3 years, specified in the instrument of appointment and\nis eligible for reappointment.\n","sortOrder":22},{"sectionNumber":"27","sectionType":"section","heading":"Acting appointments","content":"27 Acting appointments\n(1) The Minister may, in writing, appoint a person to act as a member\nof the Council:\n(a) during a vacancy in the office of a member; or\n(b) during any period, or during all periods, when a member is\nabsent or unable to act.\n(2) A person acting in the office of member:\n(a) has, and may exercise, all the powers of the member for\nwhom the person is acting; and\n(b) may perform any of the functions of that member.\n","sortOrder":23},{"sectionNumber":"28","sectionType":"section","heading":"Termination of appointment","content":"28 Termination of appointment\n(1) The Minister may terminate the appointment of a member of the\nCouncil who:\n(a) in the opinion of the Minister, is guilty of misbehaviour or\nincompetence; or\n(b) ceases to be ordinarily resident in the Territory.\n\nPart 2 Administration\nDivision 4 Bushfires Council\nBushfires Management Act 2016 11\n(2) The Minister must terminate the appointment of a member of the\nCouncil who:\n(a) becomes bankrupt, applies to take the benefit of any law for\nthe relief of bankrupt or insolvent debtors, compounds with the\nmember's creditors or makes an assignment of remuneration\nfor their benefit; or\n(b) in the opinion of the Minister, is of unsound mind; or\n(c) is absent from 3 consecutive meetings of the Council, except\non leave granted by the Council.\n(3) A member of the Council may resign by giving written notice to the\nMinister.\n","sortOrder":24},{"sectionNumber":"29","sectionType":"section","heading":"Meetings","content":"29 Meetings\n(1) Subject to this section, the Council must meet as often as the\nchairperson considers necessary for the efficient conduct of its\naffairs.\n(2) Subject to this Act, the chairperson of the Council may determine\nthe procedure for:\n(a) calling meetings of the Council; and\n(b) the conduct of the meetings.\n(3) A quorum at a meeting of the Council is 5 members.\n(4) The chairperson must preside at any meeting of the Council at\nwhich the chairperson is present and, if the chairperson is not\npresent, the deputy chairperson must preside.\n(5) If neither the chairperson nor the deputy chairperson of the Council\nis present at a meeting, the members present must elect one of\ntheir number to preside at the meeting.\n(6) Questions arising at a meeting of the Council must be determined\nby a majority of the votes of the members present and voting.\n(7) The person presiding at a meeting of the Council has a deliberative\nvote and, in the event of an equality of votes, also has a casting\nvote.\n(8) The Council must keep minutes of all its meetings.\n\nPart 2 Administration\nDivision 5 Regional bushfires committees\nBushfires Management Act 2016 12\n","sortOrder":25},{"sectionNumber":"30","sectionType":"section","heading":"Exercise of power not invalid","content":"30 Exercise of power not invalid\nThe exercise of a power or the performance of a function by the\nCouncil is not affected by a vacancy in its membership.\n","sortOrder":26},{"sectionNumber":"31","sectionType":"section","heading":"Conflicting interests","content":"31 Conflicting interests\n(1) A member of the Council who has a direct or indirect pecuniary\ninterest in a matter being considered at a meeting of the Council\nmust disclose the interest to the Council.\n(2) The Council may direct a member who has disclosed an interest in\na matter under subsection (1) to refrain from taking part in the\ndeliberations of the Council in relation to that matter.\n(3) A member of the Council who has been given a direction under\nsubsection (2) must be disregarded for the purpose of determining\nwhether a quorum has been formed.\n(4) Without limiting subsection (1), a member of the Council has a\ndirect or indirect pecuniary interest in a matter if:\n(a) a company has a direct or indirect pecuniary interest in the\nmatter; and\n(b) the member owns or controls a share in, or is a director or\nemployee of, the company.\nDivision 5 Regional bushfires committees\n","sortOrder":27},{"sectionNumber":"32","sectionType":"section","heading":"Regional bushfires committees","content":"32 Regional bushfires committees\n(1) A regional bushfires committee is established for each fire\nmanagement zone.\n(2) A regional bushfires committee:\n(a) represents the Territory; and\n(b) enjoys the privileges, rights or immunities of the Crown in right\nof the Territory; and\n(c) is within the shield of the Crown in right of the Territory.\n\nPart 2 Administration\nDivision 5 Regional bushfires committees\nBushfires Management Act 2016 13\n","sortOrder":28},{"sectionNumber":"33","sectionType":"section","heading":"Functions","content":"33 Functions\nThe functions of a regional committee are:\n(a) to make recommendations to the Council on measures to be\ntaken to mitigate, manage and suppress bushfires in its fire\nmanagement zone; and\n(b) to endorse a regional bushfire management plan prepared by\nBushfires NT for its fire management zone.\n","sortOrder":29},{"sectionNumber":"34","sectionType":"section","heading":"Powers of regional committee","content":"34 Powers of regional committee\nA regional committee has the powers necessary to perform its\nfunctions.\n","sortOrder":30},{"sectionNumber":"35","sectionType":"section","heading":"Terms of reference","content":"35 Terms of reference\n(1) The Minister may, by written notice given to a regional committee,\ndetermine terms of reference for the committee.\n(2) In performing its functions, a regional committee must comply with\nany terms of reference determined under subsection (1).\n","sortOrder":31},{"sectionNumber":"36","sectionType":"section","heading":"Members","content":"36 Members\n(1) A regional committee consists of not less than 6 members\nappointed by the Minister by Gazette notice.\n(2) The Minister must, by Gazette notice, appoint a member of the\nregional committee as chairperson of the committee and another\nmember as deputy chairperson.\n","sortOrder":32},{"sectionNumber":"37","sectionType":"section","heading":"Term of appointment","content":"37 Term of appointment\nSubject to this Act, a member holds office for the period, not\nexceeding 3 years, specified in the instrument of appointment and\nis eligible for reappointment.\n","sortOrder":33},{"sectionNumber":"38","sectionType":"section","heading":"Acting appointments","content":"38 Acting appointments\n(1) The Minister may, in writing, appoint a person to act as a member\nof a regional committee:\n(a) during a vacancy in the office of a member; or\n(b) during any period, or during all periods, when a member is\nabsent or unable to act.\n\nPart 2 Administration\nDivision 5 Regional bushfires committees\nBushfires Management Act 2016 14\n(2) A person acting in the office of member:\n(a) has, and may exercise, all the powers of the member for\nwhom the person is acting; and\n(b) may perform any of the functions of that member.\n","sortOrder":34},{"sectionNumber":"39","sectionType":"section","heading":"Termination of appointment","content":"39 Termination of appointment\n(1) The Minister may terminate the appointment of a member of a\nregional committee who:\n(a) in the opinion of the Minister, is guilty of misbehaviour or\nincompetence; or\n(b) ceases to be ordinarily resident within the fire management\nzone of the regional committee.\n(2) The Minister must terminate the appointment of a member of a\nregional committee who:\n(a) becomes bankrupt, applies to take the benefit of any law for\nthe relief of bankrupt or insolvent debtors, compounds with the\nmember's creditors or makes an assignment of remuneration\nfor their benefit; or\n(b) in the opinion of the Minister, is of unsound mind; or\n(c) is absent from 3 consecutive meetings of the regional\ncommittee, except on leave granted by the committee.\n(3) A member of a regional committee may resign by giving written\nnotice to the Minister.\n","sortOrder":35},{"sectionNumber":"40","sectionType":"section","heading":"Meetings","content":"40 Meetings\n(1) Subject to this section, a regional committee must meet as often as\nthe chairperson considers necessary for the efficient conduct of its\naffairs.\n(2) The chairperson of a regional committee must call a meeting of the\ncommittee if directed to do so by the Council under section 23(2).\n(3) Subject to this Act, the chairperson of a regional committee may\ndetermine the procedure for:\n(a) calling meetings of the committee; and\n(b) the conduct of the meetings.\n(4) A quorum at a meeting of a regional committee is 3 members.\n\nPart 2 Administration\nDivision 5 Regional bushfires committees\nBushfires Management Act 2016 15\n(5) The chairperson must preside at any meeting of a regional\ncommittee at which the chairperson is present and, if the\nchairperson is not present, the deputy chairperson must preside.\n(6) If neither the chairperson nor the deputy chairperson is present at a\nmeeting of a regional committee, the members present must elect\none of their number to preside at the meeting.\n(7) Questions arising at a meeting of a regional committee must be\ndetermined by a majority of the votes of the members present and\nvoting.\n(8) The person presiding at a meeting of a regional committee has a\ndeliberative vote and, in the event of an equality of votes, also has\na casting vote.\n(9) A regional committee must keep minutes of all its meetings.\n","sortOrder":36},{"sectionNumber":"41","sectionType":"section","heading":"Exercise of power not invalid","content":"41 Exercise of power not invalid\nThe exercise of a power or the performance of a function by a\nregional committee is not affected by a vacancy in its membership.\n","sortOrder":37},{"sectionNumber":"42","sectionType":"section","heading":"Conflicting interests","content":"42 Conflicting interests\n(1) A member of a regional committee who has a direct or indirect\npecuniary interest in a matter being considered at a meeting of the\ncommittee must disclose the interest to the committee.\n(2) A regional committee may direct a member who has disclosed an\ninterest in a matter under subsection (1) to refrain from taking part\nin the deliberations of the committee in relation to that matter.\n(3) A member of a regional committee who has been given a direction\nunder subsection (2) must be disregarded for the purpose of\ndetermining whether a quorum has been formed.\n(4) Without limiting subsection (1), a member of a regional committee\nhas a direct or indirect pecuniary interest in a matter if:\n(a) a company has a direct or indirect pecuniary interest in the\nmatter; and\n(b) the member owns or controls a share in, or is a director or\nemployee of, the company.\n\nPart 2 Administration\nDivision 7 Powers of fire control officers and fire wardens\nBushfires Management Act 2016 16\n","sortOrder":38},{"sectionNumber":"Div 6","sectionType":"division","heading":"Fire wardens","content":"Division 6 Fire wardens\n","sortOrder":39},{"sectionNumber":"43","sectionType":"section","heading":"Fire wardens","content":"43 Fire wardens\n(1) The executive director may, by written notice, appoint a person to\nbe a fire warden for a fire management zone for a period specified\nin the notice.\n(2) A person appointed to be a fire warden is eligible for reappointment.\n","sortOrder":40},{"sectionNumber":"44","sectionType":"section","heading":"Identity card","content":"44 Identity card\n(1) The executive director must give a person who is a fire warden an\nidentity card stating the person's name and that the person is a fire\nwarden.\n(2) The identity card must:\n(a) show a recent photograph of the fire warden; and\n(b) show the card's date of issue; and\n(c) be signed by the warden.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n","sortOrder":41},{"sectionNumber":"45","sectionType":"section","heading":"Return of identity card","content":"45 Return of identity card\n(1) A person who ceases to be a fire warden must return the person's\nidentity card to the executive director within 21 days after the\ncessation.\nMaximum penalty: 20 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the person has a reasonable excuse.\nDivision 7 Powers of fire control officers and fire wardens\n","sortOrder":42},{"sectionNumber":"46","sectionType":"section","heading":"Power to issue permits","content":"46 Power to issue permits\n(1) A person may apply to a fire control officer or fire warden for a\npermit to light a fire in the open air on land:\n(a) within a fire protection zone; or\n(b) within a fire danger area during a fire danger period.\n\nPart 2 Administration\nDivision 7 Powers of fire control officers and fire wardens\nBushfires Management Act 2016 17\n(2) A person may apply to a fire control officer or fire warden for a\npermit to light a fire on land within a fire management zone by\ndeploying an incendiary device from an aircraft in flight.\n(3) A fire control officer or fire warden to whom an application is made\nunder subsection (1) or (2) must determine the application by:\n(a) issuing a permit, either conditionally or unconditionally; or\n(b) refusing to issue a permit.\n(4) A permit issued under this section must:\n(a) be in writing; and\n(b) specify:\n(i) the land to which it relates; and\n(ii) the period during which it is in force; and\n(c) contain any conditions that the fire control officer or fire\nwarden who issues it considers appropriate.\n(5) A fire control officer or fire warden who determines an application\nby refusing to issue a permit must give the applicant written notice\nof the refusal.\n(6) An applicant may appeal to the executive director against a refusal\nwithin 7 days after receiving notice of the refusal.\n(7) On an appeal, the executive director may:\n(a) confirm the refusal to issue the permit; or\n(b) direct the fire control officer or fire warden to issue a permit to\nthe applicant, either conditionally or unconditionally.\n(8) A permit may be varied or revoked orally by a fire control officer or\nfire warden.\n(9) An oral variation or revocation must be confirmed by written notice\nto the permit holder with 5 days after the variation or revocation.\n","sortOrder":43},{"sectionNumber":"47","sectionType":"section","heading":"Powers in relation to bushfires","content":"47 Powers in relation to bushfires\n(1) Subject to section 89, in responding to a bushfire incident, a fire\ncontrol officer or fire warden has power to do anything necessary\nfor or incidental to:\n(a) controlling the bushfire; or\n\nPart 2 Administration\nDivision 7 Powers of fire control officers and fire wardens\nBushfires Management Act 2016 18\n(b) protecting property, or the life of any person, from existing or\nimminent danger arising out of the bushfire.\n(2) Without limiting subsection (1), power conferred by that subsection\nincludes the power:\n(a) to enter any land or building and for that purpose to break\nopen any lock, or cut any chain, on a door or gate; and\n(b) to pull down, cut or remove any fence or gate; and\n(c) to pull down, or destroy, any building or structure, wholly or\npartially; and\n(d) to close any road or public place to traffic and the movement\nof persons; and\n(e) to destroy living or dead vegetation or flammable material; and\n(f) to establish, by using fire or otherwise, firebreaks, despite any\nother provision of this Act; and\n(g) to take and use water from any source, other than water:\n(i) in a tank, dam or well connected to a dwelling; and\n(ii) used by a person as a supply of drinking water; and\n(h) to do any other act necessary for, or incidental to, the exercise\nof any of the powers mentioned in this section.\n","sortOrder":44},{"sectionNumber":"48","sectionType":"section","heading":"Ancillary powers","content":"48 Ancillary powers\n(1) A fire control officer may:\n(a) at any time, without warrant, enter any land:\n(i) to examine a fire burning in the open air on that land or\non any neighbouring land; or\n(ii) to investigate the cause of a bushfire (whether during or\nafter the bushfire); or\n(iii) if the officer suspects on reasonable grounds that an\noffence against this Act has been committed on the\nland – to investigate the offence; or\n\nPart 2 Administration\n","sortOrder":45},{"sectionNumber":"Div 7","sectionType":"division","heading":"Powers of fire control officers and fire wardens","content":"Division 7 Powers of fire control officers and fire wardens\nBushfires Management Act 2016 19\n(b) at any time, require a person whom the officer suspects on\nreasonable grounds of having committed an offence against\nthis Act:\n(i) to state their full name and place of residence; and\n(ii) to produce any permit held by them; or\n(c) at any time, require a person who has lit, or is maintaining or\nusing, a fire in contravention of this Act to extinguish the fire\nimmediately, or before leaving it, as the officer considers\nappropriate; or\n(d) at a reasonable time without warrant, enter any land to assess\nwhether it is necessary for firebreaks to be established on, or\nbush or other flammable material to be removed from, the\nland.\n(2) In conducting an investigation mentioned in subsection (1)(a)(ii)\nor (iii), the fire control officer may:\n(a) carry out a search of the land; or\n(b) carry out a search of any vehicle or vessel on the land; or\n(c) seize anything found on the land, vehicle or vessel that the\nofficer believes on reasonable grounds is connected with the\ncause of a bushfire or the commission of an offence against\nthis Act.\n(3) Before carrying out an assessment mentioned in subsection (1)(d),\nif there is a person on the land who is or appears to be the occupier\nof the land, the fire control officer must show their identity card to\nthe person.\n(4) A fire control officer may direct a fire warden to exercise a power\nthat the fire control officer may exercise under this section.\n(5) If a fire warden is directed to do a thing by a fire control officer\nunder subsection (4), the fire warden has power to do that thing.\n","sortOrder":46},{"sectionNumber":"49","sectionType":"section","heading":"Offence to contravene requirement","content":"49 Offence to contravene requirement\n(1) A person commits an offence if the person contravenes a\nrequirement under section 48(1)(b) or (c).\nMaximum penalty: 100 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n\nPart 2 Administration\nDivision 8 Authorised bushfire volunteers\nBushfires Management Act 2016 20\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n","sortOrder":47},{"sectionNumber":"50","sectionType":"section","heading":"Obstruction","content":"50 Obstruction\n(1) A person commits an offence if:\n(a) the person intentionally obstructs another person; and\n(b) the other person is a fire control officer, fire warden or\nauthorised bushfire volunteer; and\n(c) the fire control officer, fire warden or authorised bushfire\nvolunteer is acting in an official capacity and the person has\nknowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(b).\n(3) In this section:\nobstruct includes hinder and resist.\n","sortOrder":48},{"sectionNumber":"Div 8","sectionType":"division","heading":"Authorised bushfire volunteers","content":"Division 8 Authorised bushfire volunteers\n","sortOrder":49},{"sectionNumber":"51","sectionType":"section","heading":"Authorised bushfire volunteers","content":"51 Authorised bushfire volunteers\n(1) The executive director may, by written notice, appoint a person who\nis over the age of 16 years to be an authorised bushfire volunteer\nfor a period specified in the notice.\n(2) A person appointed to be an authorised bushfire volunteer is\neligible for reappointment.\n","sortOrder":50},{"sectionNumber":"52","sectionType":"section","heading":"Identity card","content":"52 Identity card\n(1) The executive director must give a person who is an authorised\nbushfire volunteer an identity card stating the person's name and\nthat the person is an authorised bushfire volunteer.\n(2) The identity card must:\n(a) show a recent photograph of the authorised bushfire\nvolunteer; and\n(b) show the card's date of issue; and\n(c) be signed by the volunteer.\n\n","sortOrder":51},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"Part 2 Administration\nDivision 9 Volunteer bushfire brigades\nBushfires Management Act 2016 21\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Return of identity card","content":"53 Return of identity card\n(1) A person who ceases to be an authorised bushfire volunteer must\nreturn the person's identity card to the executive director within\n21 days after the cessation.\nMaximum penalty: 20 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the person has a reasonable excuse.\n","sortOrder":53},{"sectionNumber":"Div 9","sectionType":"division","heading":"Volunteer bushfire brigades","content":"Division 9 Volunteer bushfire brigades\n","sortOrder":54},{"sectionNumber":"54","sectionType":"section","heading":"Establishment of volunteer bushfire brigades","content":"54 Establishment of volunteer bushfire brigades\n(1) The Minister may, by Gazette notice, establish a volunteer bushfire\nbrigade, with the name specified in the notice, for an area within a\nfire protection zone.\n(2) A notice under subsection (1) must:\n(a) specify the area for which the brigade is established; and\n(b) appoint a person to be the first captain of the brigade.\n","sortOrder":55},{"sectionNumber":"55","sectionType":"section","heading":"Protection of employment rights of volunteer members","content":"55 Protection of employment rights of volunteer members\n(1) This section applies to a member of a volunteer bushfire brigade\nwho:\n(a) is requested by the executive director to respond to a bushfire\nin the course of duty as a volunteer member; and\n(b) because of so responding to the bushfire, is absent from the\nmember's usual employment at any time during or\nimmediately after the bushfire.\n(2) The volunteer member is not, only because of the absence\nmentioned in subsection (1), liable:\n(a) to be dismissed; or\n(b) to lose long service leave, sick leave, recreation leave or any\nother benefit to which the member may be entitled under the\nindustrial award or agreement applicable to the employment.\n\nPart 3 Fire zones and areas\nDivision 3 Fire management areas\nBushfires Management Act 2016 22\n(3) This section applies whether or not the employer consented to the\nabsence.\nPart 3 Fire zones and areas\nDivision 1 Fire protection zones\n","sortOrder":56},{"sectionNumber":"56","sectionType":"section","heading":"Declaration of fire protection zone","content":"56 Declaration of fire protection zone\nThe Minister may, by Gazette notice, declare any land to be a fire\nprotection zone.\n","sortOrder":57},{"sectionNumber":"57","sectionType":"section","heading":"Purpose of declaring fire protection zone","content":"57 Purpose of declaring fire protection zone\nThe purpose of declaring a fire protection zone is to apply the\ncontrols mentioned in Part 4, Divisions 1 and 2 to land within the\nzone.\nDivision 2 Fire management zones\n","sortOrder":58},{"sectionNumber":"58","sectionType":"section","heading":"Declaration of fire management zone","content":"58 Declaration of fire management zone\nThe Minister may, by Gazette notice, declare any land to be a fire\nmanagement zone.\n","sortOrder":59},{"sectionNumber":"59","sectionType":"section","heading":"Purpose of declaring fire management zone","content":"59 Purpose of declaring fire management zone\nThe purpose of declaring a fire management zone is:\n(a) to establish an area for which a regional committee may be\nestablished; and\n(b) to establish an area for which a regional bushfire management\nplan may be prepared; and\n(c) to apply the controls mentioned in Part 4, Division 3 to land\nwithin the zone.\nDivision 3 Fire management areas\n","sortOrder":60},{"sectionNumber":"60","sectionType":"section","heading":"Declaration of fire management area","content":"60 Declaration of fire management area\nThe executive director may, by Gazette notice:\n(a) declare any land to be, for the period specified in the notice, a\nfire management area with the name specified in the notice; or\n(b) vary the boundaries, or name, of a fire management area.\n\n","sortOrder":61},{"sectionNumber":"Part 3","sectionType":"part","heading":"Fire zones and areas","content":"Part 3 Fire zones and areas\nDivision 5 Fire ban areas\nBushfires Management Act 2016 23\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Purpose of declaring fire management area","content":"61 Purpose of declaring fire management area\nThe purpose of declaring a fire management area is, for a limited\nperiod:\n(a) to establish an area for which an area fire management plan\nmust be prepared; and\n(b) to establish an area within which the executive director may\nrequire the owners or occupiers of land to prepare a property\nfire management plan; and\n(c) to apply the controls mentioned in Part 4, Division 4 to land\nwithin the area.\nDivision 4 Fire danger areas\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"Declaration of fire danger period","content":"62 Declaration of fire danger period\nThe executive director may, by public notice, declare a period\nspecified in the notice to be a fire danger period in:\n(a) the part of the Territory specified in the notice; or\n(b) the whole of the Territory.\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"Fire danger area","content":"63 Fire danger area\nThe area specified in a declaration under section 62 is a fire\ndanger area for the period specified in the notice.\n","sortOrder":65},{"sectionNumber":"64","sectionType":"section","heading":"Purpose of declaring fire danger area","content":"64 Purpose of declaring fire danger area\nThe purpose of declaring a fire danger area is to apply, for a limited\nperiod, the controls mentioned in Part 4, Division 2 to land within\nthe area.\nDivision 5 Fire ban areas\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Declaration of fire ban period","content":"65 Declaration of fire ban period\nThe executive director may, by public notice, declare a period, not\nexceeding 24 hours, specified in the notice to be a fire ban period\nin:\n(a) the part of the Territory specified in the notice; or\n(b) the whole of the Territory.\n\nPart 4 Controls on fire activities in zones and areas\nDivision 1 Controls in fire protection zones\nBushfires Management Act 2016 24\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Fire ban area","content":"66 Fire ban area\nThe area specified in a declaration under section 65 is a fire ban\narea for the period specified in the notice.\n","sortOrder":68},{"sectionNumber":"67","sectionType":"section","heading":"Purpose of declaring fire ban area","content":"67 Purpose of declaring fire ban area\nThe purpose of declaring a fire ban area is to apply, for a limited\nperiod, the controls mentioned in Part 4, Division 5 to land within\nthe area.\nPart 4 Controls on fire activities in zones and areas\nDivision 1 Controls in fire protection zones\n","sortOrder":69},{"sectionNumber":"68","sectionType":"section","heading":"Requirement to establish firebreaks","content":"68 Requirement to establish firebreaks\n(1) The owner or occupier of land within a fire protection zone commits\nan offence if there is not a prescribed firebreak:\n(a) around the perimeter of the land; or\n(b) in another approved position on, or close to, the land.\nMaximum penalty: 20 penalty units and 2 penalty units for each\nday during which the offence continues.\n(2) The owner or occupier of land within a fire protection zone commits\nan offence if:\n(a) there is on the land:\n(i) a house or other permanent structure; or\n(ii) a stationary engine; or\n(iii) flammable material; and\n(b) there is not a prescribed firebreak around the thing mentioned\nin paragraph (a).\nMaximum penalty: 20 penalty units and 2 penalty units for each\nday during which the offence continues.\n(3) An offence against subsection (1) or (2) is an offence of strict\nliability.\n(4) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the defendant has a reasonable excuse.\n\nPart 4 Controls on fire activities in zones and areas\nDivision 1 Controls in fire protection zones\nBushfires Management Act 2016 25\n(5) This section does not affect the requirement to obtain a permit for\nthe lighting of a fire in order to create a firebreak by burning.\n(6) In this section:\napproved position means a position approved in writing by the\nexecutive director at the request of the owner or occupier.\nprescribed firebreak means a firebreak that:\n(a) is no less than 4 m wide; and\n(b) is created by burning, grading, scraping, ploughing, mowing,\nslashing, spraying or grazing; and\n(c) does not have any vegetation on it that is more than 50 mm\nhigh; and\n(d) does not have any slash or dead material lying on it.\n","sortOrder":70},{"sectionNumber":"69","sectionType":"section","heading":"Prohibition etc. by notice","content":"69 Prohibition etc. by notice\n(1) The Minister may, by public notice, if satisfied that the prohibition or\nrequirement is necessary for the protection from bushfire of land\nwithin a fire protection zone, prohibit or require the doing of an act\non the land, and within the period, as specified in the notice.\n(2) Without limiting subsection (1), a notice under that subsection may:\n(a) require the owner or occupier of land within a fire protection\nzone to establish a firebreak on the land of a kind specified in\nthe notice; and\n(b) provide that the owner or occupier of land must obtain the\napproval of Bushfires NT for any firebreak established on the\nland under the notice.\n(3) A notice under subsection (1) does not affect the requirement to\nobtain a permit for the lighting of a fire in order to create, by\nburning, a firebreak required by the notice.\n(4) A person commits an offence if:\n(a) a notice has been issued under subsection (1); and\n(b) the person intentionally engages in conduct; and\n\nPart 4 Controls on fire activities in zones and areas\nDivision 1 Controls in fire protection zones\nBushfires Management Act 2016 26\n(c) the conduct results in a contravention of the notice and the\nperson is reckless in relation to the result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(5) Strict liability applies to subsection (4)(a).\n","sortOrder":71},{"sectionNumber":"70","sectionType":"section","heading":"Property fire management plans within fire protection zone","content":"70 Property fire management plans within fire protection zone\n(1) The executive director may do any of the following:\n(a) conduct a risk assessment of land within a fire protection\nzone;\n(b) direct a fire control officer or other person to conduct a risk\nassessment of land within a fire protection zone;\n(c) by written notice given to the owner or occupier of land within\na fire protection zone, require the owner or occupier to\nprepare and submit to the executive director, by a date\nspecified in the notice, a property fire management plan for\nthe land;\n(d) prepare a property fire management plan for land within a fire\nprotection zone and give it to the owner or occupier of the\nland.\n(2) In determining whether to do any of the things permitted under\nsubsection (1), the executive director may consider any factors the\nexecutive director considers relevant.\n(3) Without limiting subsection (2), the executive director may consider:\n(a) previous non-compliance by the owner or occupier of the land\nwith their obligations under this Act; and\n(b) the likely scale and urgency of the risk of fire to human safety\nor the environment.\n(4) A property fire management plan prepared under this section must\nspecify adequate arrangements for the mitigation, management and\nsuppression of fire on the land.\n(5) If an owner or occupier of land is given notice under\nsubsection (1)(c) and the submitted plan is not, in the opinion of the\nexecutive director, adequate, the executive director may return the\nplan to the owner or occupier to make the amendments required by\nthe executive director.\n\nPart 4 Controls on fire activities in zones and areas\nDivision 1 Controls in fire protection zones\nBushfires Management Act 2016 27\n(6) The executive director, a fire control officer or a person directed by\nthe executive director may enter land within a fire protection zone to\ncarry out a risk assessment as permitted by this section.\n(7) If a property fire management plan requires the doing of a specified\nact by the owner or occupier of the land within a specified period\nand the owner or occupier fails to do the act within that period, the\nexecutive director may authorise, in writing, a person to:\n(a) enter the land, with or without equipment and machinery; and\n(b) do the act required to be done.\n(8) The cost to the Territory of work carried out under subsection (7) is:\n(a) a debt due and payable to the Territory; and\n(b) a statutory charge on the land.\n","sortOrder":72},{"sectionNumber":"70A","sectionType":"section","heading":"Offences about property fire management plans within fire","content":"70A Offences about property fire management plans within fire\nprotection zone\n(1) A person commits an offence if:\n(a) the person is the owner or occupier of land, within a fire\nprotection zone, to which a fire management plan applies; and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in contravention of the fire management\nplan and the person is reckless in relation to that result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n(4) A person commits an offence if:\n(a) the person is the owner or occupier of land within a fire\nprotection zone; and\n(b) the person is given written notice under section 70(1)(c)\nrequiring the person to prepare and submit to the executive\ndirector, by a date specified in the notice, a property fire\nmanagement plan for the land; and\n(c) the person intentionally engages in conduct; and\n\nPart 4 Controls on fire activities in zones and areas\nDivision 2 Controls in fire protection zones and fire danger areas\nBushfires Management Act 2016 28\n(d) the conduct results in contravention of the written notice and\nthe person is reckless in relation to that result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(5) Strict liability applies to subsection (4)(a) and (b).\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant has a reasonable excuse.\nDivision 2 Controls in fire protection zones and fire danger\nareas\n","sortOrder":73},{"sectionNumber":"71","sectionType":"section","heading":"Application","content":"71 Application\n(1) Subject to subsection (2), this Division applies to land:\n(a) within a fire protection zone; or\n(b) within a fire danger area during a fire danger period.\n(2) The Minister may, by public notice, declare that the provisions of\nthis Division specified in the notice do not apply to land in a\nspecified fire protection zone.\n(3) On a declaration being made under subsection (2), the provisions\nspecified in the declaration do not apply to the land during the\nperiod specified in the notice.\n","sortOrder":74},{"sectionNumber":"72","sectionType":"section","heading":"Offence to light small fire near flammable material","content":"72 Offence to light small fire near flammable material\n(1) A person who lights a small fire in the open air commits an offence\nif:\n(a) the place where the fire is lit is:\n(i) within a fire protection zone; or\n(ii) within a fire danger area during a fire danger period; and\n(b) the fire is less than 4 m away from bush or other flammable\nmaterial.\nMaximum penalty: 100 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n\nPart 4 Controls on fire activities in zones and areas\nDivision 2 Controls in fire protection zones and fire danger areas\nBushfires Management Act 2016 29\n","sortOrder":75},{"sectionNumber":"73","sectionType":"section","heading":"Offence to light fire unless authorised by permit","content":"73 Offence to light fire unless authorised by permit\n(1) A person commits an offence if:\n(a) the person intentionally lights a fire (other than a small fire) in\nthe open air; and\n(b) the fire is:\n(i) within a fire protection zone; or\n(ii) within a fire danger area during a fire danger period; and\n(c) the person is not authorised by a permit to light the fire and is\nreckless in relation to that circumstance.\nMaximum penalty: 500 penalty units or imprisonment for\n5 years.\n(2) Strict liability applies to subsection (1)(b).\n(3) For this section, a person is only authorised by a permit to do a\nthing if any conditions set out in the permit for the doing of that thing\nare complied with.\n","sortOrder":76},{"sectionNumber":"74","sectionType":"section","heading":"Fires not to be left unattended","content":"74 Fires not to be left unattended\n(1) A person commits an offence if:\n(a) the person intentionally lights a fire in the open air; and\n(b) the fire is:\n(i) within a fire protection zone; or\n(ii) within a fire danger area during a fire danger period; and\n(c) the person intentionally leaves the fire without extinguishing it.\nMaximum penalty: 500 penalty units or imprisonment for\n5 years.\n(2) Strict liability applies to subsection (1)(b).\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant had, before leaving the fire, in\ncircumstances in which it was reasonable to do so, arranged with\nanother person who was maintaining or using the fire, to not leave\nthe fire unless that person:\n(a) extinguishes the fire; or\n\nPart 4 Controls on fire activities in zones and areas\nDivision 2 Controls in fire protection zones and fire danger areas\nBushfires Management Act 2016 30\n(b) makes the same arrangement with another person who is\nmaintaining or using the fire.\n","sortOrder":77},{"sectionNumber":"75","sectionType":"section","heading":"Matter not to be thrown","content":"75 Matter not to be thrown\n(1) A person commits an offence if:\n(a) the person throws, from a vehicle or otherwise, a thing that is\nburning or smouldering; and\n(b) the place where the thing is thrown is:\n(i) within a fire protection zone; or\n(ii) within a fire danger area during a fire danger period; and\n(c) the place where the thing lands is within 4 m of any bush or\nother flammable material.\nMaximum penalty: 100 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n","sortOrder":78},{"sectionNumber":"76","sectionType":"section","heading":"Spark arresters","content":"76 Spark arresters\n(1) A person commits an offence if:\n(a) the person starts an engine on land that is:\n(i) within a fire protection zone; or\n(ii) within a fire danger area during a fire danger period; and\n(b) the engine is not fitted with equipment in good working order\ndesigned to prevent the escape of sparks, flames or burning\nmaterial from the engine's exhaust.\nMaximum penalty: 100 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n\nPart 4 Controls on fire activities in zones and areas\nDivision 3 Controls in fire management zones\nBushfires Management Act 2016 31\n","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Grinding, welding or cutting equipment","content":"77 Grinding, welding or cutting equipment\n(1) A person commits an offence if:\n(a) the person uses grinding, welding or cutting equipment in the\nopen air in such a position that it is likely to result in igniting\nbush or other flammable material on land:\n(i) within a fire protection zone; or\n(ii) within a fire danger area during a fire danger period; and\n(b) there is not readily available a fire extinguishing device that is:\n(i) in good working order; and\n(ii) appropriate to the type of equipment being used and the\npotential fire hazard.\nMaximum penalty: 100 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\nDivision 3 Controls in fire management zones\n","sortOrder":80},{"sectionNumber":"78","sectionType":"section","heading":"Regional bushfire management plan","content":"78 Regional bushfire management plan\n(1) The executive director may, by written notice:\n(a) direct Bushfires NT to prepare within a specified period, in\nconsultation with the regional committee for a fire\nmanagement zone, a draft regional bushfire management plan\nfor the zone; and\n(b) specify matters to be addressed by the plan.\n(2) As soon as practicable after preparing a draft regional bushfire\nmanagement plan, Bushfires NT must submit it to the regional\ncommittee for endorsement.\n(3) On endorsement by the regional committee, the plan has effect as\na regional bushfire management plan for the fire management\nzone.\n(4) As soon as practicable after endorsing a regional bushfire\nmanagement plan, the regional committee must give written notice\nof the endorsement to the executive director.\n\nPart 4 Controls on fire activities in zones and areas\nDivision 3 Controls in fire management zones\nBushfires Management Act 2016 32\n(5) As soon as practicable after being given notice under\nsubsection (4), the executive director must give public notice of the\nplan.\n","sortOrder":81},{"sectionNumber":"79","sectionType":"section","heading":"Contents of regional bushfire management plan","content":"79 Contents of regional bushfire management plan\nA regional bushfire management plan must:\n(a) specify arrangements for the mitigation, management and\nsuppression of bushfires on land within the fire management\nzone; and\n(b) deal with the matters specified under section 78(1)(b).\n","sortOrder":82},{"sectionNumber":"80","sectionType":"section","heading":"Prohibition etc. by notice","content":"80 Prohibition etc. by notice\n(1) The Minister may, by public notice, if satisfied that the prohibition or\nrequirement is necessary for the protection from bushfire of land\nwithin a fire management zone, prohibit or require the doing of an\nact on the land, and within the period, as specified in the notice.\n(2) A person commits an offence if:\n(a) a notice has been issued under subsection (1); and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in a contravention of the notice and the\nperson is reckless in relation to the result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(3) Strict liability applies to subsection (2)(a).\n","sortOrder":83},{"sectionNumber":"81","sectionType":"section","heading":"Property fire management plans within fire management zone","content":"81 Property fire management plans within fire management zone\n(1) The executive director may do any of the following:\n(a) conduct a risk assessment of land within a fire management\nzone;\n(b) direct a fire control officer or other person to conduct a risk\nassessment of land within a fire management zone;\n(c) by written notice given to the owner or occupier of land within\na fire management zone, require the owner or occupier to\nprepare and submit to the executive director, by a date\nspecified in the notice, a property fire management plan for\nthe land;\n\nPart 4 Controls on fire activities in zones and areas\nDivision 3 Controls in fire management zones\nBushfires Management Act 2016 33\n(d) prepare a property fire management plan for land within a fire\nmanagement zone and give it to the owner or occupier of the\nland.\n(2) In determining whether to do any of the things permitted under\nsubsection (1), the executive director may consider any factors the\nexecutive director considers relevant.\n(3) Without limiting subsection (2), the executive director may consider:\n(a) previous non-compliance by the owner or occupier of the land\nwith their obligations under this Act; and\n(b) the likely scale and urgency of the risk of fire to human safety\nor the environment.\n(4) A property fire management plan prepared under this section must\nspecify adequate arrangements for the mitigation, management and\nsuppression of fire on the land.\n(5) If an owner or occupier of land is given notice under\nsubsection (1)(c) and the submitted plan is not, in the opinion of the\nexecutive director, adequate, the executive director may return the\nplan to the owner or occupier to make the amendments required by\nthe executive director.\n(6) The executive director, a fire control officer or a person directed by\nthe executive director may enter land within a fire management\nzone to carry out a risk assessment as permitted by this section.\n(7) If a property fire management plan requires the doing of a specified\nact by the owner or occupier of the land within a specified period\nand the owner or occupier fails to do the act within that period, the\nexecutive director may authorise, in writing, a person to:\n(a) enter the land, with or without equipment and machinery; and\n(b) do the act required to be done.\n(8) The cost to the Territory of work carried out under subsection (7) is:\n(a) a debt due and payable to the Territory; and\n(b) a statutory charge on the land.\n\nPart 4 Controls on fire activities in zones and areas\nDivision 3 Controls in fire management zones\nBushfires Management Act 2016 34\n","sortOrder":84},{"sectionNumber":"81A","sectionType":"section","heading":"Offences regarding property fire management plans within fire","content":"81A Offences regarding property fire management plans within fire\nmanagement zone\n(1) A person commits an offence if:\n(a) the person is the owner or occupier of land, within a fire\nmanagement zone, to which a fire management plan\napplies; and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in contravention of the fire management\nplan and the person is reckless in relation to that result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n(4) A person commits an offence if:\n(a) the person is the owner or occupier of land within a fire\nmanagement zone; and\n(b) the person is given written notice under section 81(1)(c)\nrequiring the person to prepare and submit to the executive\ndirector, by a date specified in the notice, a property fire\nmanagement plan for the land; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in contravention of the written notice and\nthe person is reckless in relation to that result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(5) Strict liability applies to subsection (4)(a) and (b).\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant has a reasonable excuse.\n","sortOrder":85},{"sectionNumber":"82","sectionType":"section","heading":"Offence to conduct aerial burning unless authorised by permit","content":"82 Offence to conduct aerial burning unless authorised by permit\n(1) A person commits an offence if:\n(a) the person intentionally lights a fire by deploying an incendiary\ndevice from an aircraft in flight; and\n\nPart 4 Controls on fire activities in zones and areas\nDivision 4 Controls in fire management areas\nBushfires Management Act 2016 35\n(b) the fire is within a fire management zone; and\n(c) the person is not authorised by a permit to light the fire by that\nmethod and is reckless in relation to that circumstance.\nMaximum penalty: 500 penalty units or imprisonment for\n5 years.\n(2) Strict liability applies to subsection (1)(b).\n(3) For this section, a person is only authorised by a permit to do a\nthing if any conditions set out in the permit for the doing of that thing\nare complied with.\nDivision 4 Controls in fire management areas\n","sortOrder":86},{"sectionNumber":"83","sectionType":"section","heading":"Area fire management plans","content":"83 Area fire management plans\n(1) Bushfires NT must prepare an area fire management plan for a fire\nmanagement area as soon as practicable after the declaration of\nthe area under section 60(a).\n(2) Bushfires NT must, as soon as practicable after preparing an area\nfire management plan, publish notice of the plan, and of where a\ncopy of it may be inspected, in the Gazette.\n","sortOrder":87},{"sectionNumber":"84","sectionType":"section","heading":"Property fire management plans within fire management area","content":"84 Property fire management plans within fire management area\n(1) The executive director may do any of the following:\n(a) by public notice, require each owner or occupier of land within\na fire management area to prepare and submit to the\nexecutive director, by a date specified in the notice, a property\nfire management plan;\n(b) conduct a risk assessment of land within a fire management\narea;\n(c) direct a fire control officer, or another person, to conduct a risk\nassessment of land within a fire management area;\n(d) by written notice given to the owner or occupier of land within\na fire management area, require the owner or occupier to\nprepare and submit to the executive director, by a date\nspecified in the notice, a property fire management plan for\nthe land;\n(e) prepare a property fire management plan for land within a fire\nmanagement area and give it to the owner or occupier of the\nland.\n\nPart 4 Controls on fire activities in zones and areas\nDivision 4 Controls in fire management areas\nBushfires Management Act 2016 36\n(2) In determining whether to do any of the things permitted under\nsubsection (1), the executive director may consider any factors the\nexecutive director considers relevant.\n(3) Without limiting subsection (2), the executive director may consider:\n(a) previous non-compliance by the owner or occupier of the land\nwith their obligations under this Act; and\n(b) compliance generally of the owners or occupiers of the land\nwithin the fire management area with their obligations under\nthis Act; and\n(c) the likely scale and urgency of the risk of fire to human safety\nor the environment.\n(4) A property fire management plan prepared under this section must\nspecify adequate arrangements for the mitigation, management and\nsuppression of fire on the land.\n(5) If an owner or occupier of land is given notice under\nsubsection (1)(a) or (d) and the submitted plan is not, in the opinion\nof the executive director, adequate, the executive director may\nreturn the plan to the owner or occupier to make the amendments\nrequired by the executive director.\n(6) The executive director, a fire control officer or a person directed by\nthe executive director may enter land within a fire management\narea to carry out a risk assessment as permitted by this section.\n(7) If a property fire management plan requires the doing of a specified\nact by the owner or occupier of the land within a specified period\nand the owner or occupier fails to do the act within that period, the\nexecutive director may authorise, in writing, a person to:\n(a) enter the land, with or without equipment and machinery; and\n(b) do the act required to be done.\n(8) The cost to the Territory of work carried out under subsection (7) is:\n(a) a debt due and payable to the Territory; and\n(b) a statutory charge on the land.\n\nPart 4 Controls on fire activities in zones and areas\n","sortOrder":88},{"sectionNumber":"Div 4","sectionType":"division","heading":"Controls in fire management areas","content":"Division 4 Controls in fire management areas\nBushfires Management Act 2016 37\n","sortOrder":89},{"sectionNumber":"84A","sectionType":"section","heading":"Offences about property fire management plans within fire","content":"84A Offences about property fire management plans within fire\nmanagement area\n(1) A person commits an offence if:\n(a) the person is the owner or occupier of land, within a fire\nmanagement area, to which a fire management plan applies;\nand\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in contravention of the fire management\nplan and the person is reckless in relation to that result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n(4) A person commits an offence if:\n(a) the person is the owner or occupier of land within a fire\nmanagement area; and\n(b) public notice is given under section 84(1)(a) requiring the\nperson to prepare and submit to the executive director, by a\ndate specified in the notice, a property fire management plan\nfor the land; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in contravention of the public notice and\nthe person is reckless in relation to that result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(5) Strict liability applies to subsection (4)(a) and (b).\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant has a reasonable excuse.\n(7) A person commits an offence if:\n(a) the person is the owner or occupier of land within a fire\nmanagement area; and\n\nPart 4 Controls on fire activities in zones and areas\nDivision 5 Controls in fire ban areas\nBushfires Management Act 2016 38\n(b) the person is given written notice under section 84(1)(d)\nrequiring the person to prepare and submit to the executive\ndirector, by a date specified in the notice, a property fire\nmanagement plan for the land; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in contravention of the written notice and\nthe person is reckless in relation to that result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(8) Strict liability applies to subsection (7)(a) and (b).\n(9) It is a defence to a prosecution for an offence against\nsubsection (7) if the defendant has a reasonable excuse.\n","sortOrder":90},{"sectionNumber":"85","sectionType":"section","heading":"Prohibition etc. by notice","content":"85 Prohibition etc. by notice\n(1) The executive director may, by public notice, if satisfied that the\nprohibition or requirement is necessary for the protection from\nbushfire of land within a fire management area, prohibit or require\nthe doing of an act on the land, and within the period, as specified\nin the notice.\n(2) A person commits an offence if:\n(a) a notice has been issued under subsection (1); and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in a contravention of the notice and the\nperson is reckless in relation to the result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(3) Strict liability applies to subsection (2)(a).\nDivision 5 Controls in fire ban areas\n","sortOrder":91},{"sectionNumber":"86","sectionType":"section","heading":"Prohibition on fires in fire ban areas","content":"86 Prohibition on fires in fire ban areas\n(1) A person commits an offence if:\n(a) the person intentionally lights a fire in the open air; and\n\n","sortOrder":92},{"sectionNumber":"Part 4","sectionType":"part","heading":"Controls on fire activities in zones and areas","content":"Part 4 Controls on fire activities in zones and areas\n","sortOrder":93},{"sectionNumber":"Div 5","sectionType":"division","heading":"Controls in fire ban areas","content":"Division 5 Controls in fire ban areas\nBushfires Management Act 2016 39\n(b) the fire is lit in a fire ban area during a fire ban period.\nMaximum penalty: 500 penalty units or imprisonment for\n5 years.\n(2) Strict liability applies to subsection (1)(b).\n(3) Subsection (1) does not apply if:\n(a) the fire is lit for cooking or boiling water; and\n(b) there is not any bush or other flammable material within 4 m of\nthe fire; and\n(c) the fire is not left unattended at any time while lit; and\n(d) the fire is extinguished without delay on it ceasing to be used.\n","sortOrder":94},{"sectionNumber":"87","sectionType":"section","heading":"Fires to be extinguished","content":"87 Fires to be extinguished\n(1) If a person who lit a fire in the open air in an area that, on the\ncommencement of a fire ban period, will be a fire ban area, is\nunable to extinguish the fire before that commencement, the person\nmust, without delay, notify a fire control officer or fire warden of that\nfact.\n(2) A fire control officer or fire warden who is notified of a fire under\nsubsection (1) may give to the notifier any directions for controlling\nthe fire that the officer or warden considers appropriate.\n(3) A person commits an offence if:\n(a) the person has, before the commencement of a fire ban\nperiod, intentionally lit a fire in the open air; and\n(b) the area in which the fire is lit is, on the commencement of the\nfire ban period, a fire ban area; and\n(c) the person fails, before the commencement of the fire ban\nperiod, to:\n(i) extinguish the fire; or\n(ii) notify a fire control officer or fire warden in accordance\nwith subsection (1).\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(4) Strict liability applies to subsection (3)(b) and (c).\n\nPart 5 Fire-fighting\nDivision 1 Chain of command\nBushfires Management Act 2016 40\n(5) A person who contravenes a direction given to the person under\nsubsection (2) commits an offence.\nMaximum penalty: 100 penalty units.\n(6) An offence against subsection (5) is an offence of strict liability.\n(7) It is a defence to a prosecution for an offence against\nsubsection (5) if the defendant has a reasonable excuse.\n","sortOrder":95},{"sectionNumber":"88","sectionType":"section","heading":"Permits suspended","content":"88 Permits suspended\nDespite any other provision of this Act, a permit does not authorise\nthe lighting of a fire in a fire ban area during a fire ban period.\nPart 5 Fire-fighting\nDivision 1 Chain of command\n","sortOrder":96},{"sectionNumber":"89","sectionType":"section","heading":"Chain of command in response to bushfire incidents","content":"89 Chain of command in response to bushfire incidents\n(1) The chain of command in responding to a bushfire incident\ndescends from the chief fire control officer through senior fire\ncontrol officers, fire control officers, fire wardens and authorised\nbushfire volunteers.\n(2) A person responding to, or in attendance at, a bushfire is not\nrequired to take command at the bushfire only because the person\nis higher in the chain of command than another person who is\nparticipating in the chain of command at the bushfire.\n(3) A fire control officer or fire warden lower in the chain of command\nthan another person participating in the chain of command at a\nbushfire may only exercise a power conferred by Part 2, Division 7\non the officer or warden in accordance with the directions of the\nother person.\n(4) An authorised bushfire volunteer only has power to do a thing in\nresponding to a bushfire incident if directed to do that thing by a\nperson who has power to do that thing.\n(5) An authorised bushfire volunteer may only exercise a power\nmentioned in subsection (4) to do a thing in accordance with the\ndirections of the person directing the volunteer to do the thing.\n\nPart 5 Fire-fighting\nDivision 2 Duty of persons to control fires\nBushfires Management Act 2016 41\nDivision 2 Duty of persons to control fires\n","sortOrder":97},{"sectionNumber":"90","sectionType":"section","heading":"Duty of owner or occupier to control fires","content":"90 Duty of owner or occupier to control fires\n(1) The owner or occupier of land must take all reasonable steps:\n(a) to protect property on the land from fire; and\n(b) to prevent or inhibit fire spreading from the land to other land.\n(2) If the owner or occupier of land is unable to control a fire on the\nland, the owner or occupier must take all reasonable steps to notify\nthe following of that fact:\n(a) a fire control officer or fire warden;\n(b) the occupier of any land to which the fire is likely to spread or\na person apparently over the age of 16 years present on that\nland.\n(3) A person who is the owner or occupier of any land commits an\noffence if:\n(a) there is a fire on the land (whether or not the person lit it); and\n(b) the fire has the potential to spread to other land and the\nperson is reckless in relation to that circumstance; and\n(c) the person intentionally fails to take reasonable steps:\n(i) to control the fire; or\n(ii) if unable to control the fire – to notify a person\nmentioned in subsection (2)(a) or (b).\nMaximum penalty: 500 penalty units or imprisonment for\n5 years.\n","sortOrder":98},{"sectionNumber":"91","sectionType":"section","heading":"Duty of person who lights fire to control it","content":"91 Duty of person who lights fire to control it\n(1) A person who lights a fire on land must take all reasonable steps:\n(a) to protect property on the land from the fire; and\n(b) to prevent or inhibit the fire spreading from the land to other\nland.\n\nPart 5 Fire-fighting\nDivision 3 Firebreaks and removal of flammable material\nBushfires Management Act 2016 42\n(2) If a person who lights a fire on land is unable to control the fire, the\nperson must take all reasonable steps to notify the following of that\nfact:\n(a) a fire control officer or fire warden;\n(b) the occupier of any land to which the fire is likely to spread or\na person apparently over the age of 16 years present on that\nland.\n(3) A fire control officer or fire warden who is notified of a fire under\nsubsection (2)(a) may give to the notifier any directions for\ncontrolling the fire that the officer or warden considers appropriate.\n(4) A person commits an offence if:\n(a) the person intentionally lights a fire on land; and\n(b) the fire has the potential to spread to other land and the\nperson is reckless in relation to that circumstance; and\n(c) the person intentionally fails to take reasonable steps:\n(i) to control the fire; or\n(ii) if unable to control the fire – to notify a person\nmentioned in subsection (2)(a) or (b).\nMaximum penalty: 500 penalty units or imprisonment for\n5 years.\n(5) A person who contravenes a direction given to the person under\nsubsection (3) commits an offence.\nMaximum penalty: 100 penalty units.\n(6) An offence against subsection (5) is an offence of strict liability.\n(7) It is a defence to a prosecution for an offence against\nsubsection (5) if the defendant has a reasonable excuse.\nDivision 3 Firebreaks and removal of flammable material\n","sortOrder":99},{"sectionNumber":"92","sectionType":"section","heading":"Establishment of firebreaks or removal of flammable material","content":"92 Establishment of firebreaks or removal of flammable material\n(1) This section applies if the executive director considers that it is\nnecessary for firebreaks to be established on, or for bush or other\nflammable material to be removed from, land.\n\nPart 5 Fire-fighting\nDivision 3 Firebreaks and removal of flammable material\nBushfires Management Act 2016 43\n(2) The executive director may serve a warning notice in the approved\nform on:\n(a) the owner, lessee, licensee, mortgagee in possession of or\noccupier of the land; or\n(b) the person managing or controlling, or apparently managing or\ncontrolling, the use of the land.\n(3) A warning notice must:\n(a) state that the executive director intends to serve a firebreak\nnotice or flammable material notice in respect of the land; and\n(b) indicate the contents of the proposed notice; and\n(c) invite the person on whom the warning notice is served to give\nthe executive director, within 72 hours after that service,\nreasons why the proposed notice should not be served.\n(4) If no reasons are given to the executive director, or the executive\ndirector considers that the reasons given are insufficient, the\nexecutive director may serve on the person on whom the warning\nnotice was served a firebreak notice or flammable material notice,\nin respect of the land.\n(5) The executive director must advise the Council, at its next meeting\nfollowing the service of a notice under subsection (4), of the terms\nof the notice.\n","sortOrder":100},{"sectionNumber":"93","sectionType":"section","heading":"Contents of firebreak notices or flammable material notices","content":"93 Contents of firebreak notices or flammable material notices\n(1) A firebreak notice is a notice that requires firebreaks to be\nestablished on land as specified in the notice and may:\n(a) specify the method of establishing those firebreaks; and\n(b) require that the firebreaks be maintained to the satisfaction of\na fire control officer for a period specified in the notice.\n(2) A flammable material notice is a notice that requires bush or other\nflammable material to be removed from the land as specified in the\nnotice and may require the destruction or disposal of that material\nby a method specified in the notice.\n(3) A firebreak notice or flammable material notice:\n(a) must specify the time within which the act specified in the\nnotice is to be completed; and\n\n","sortOrder":101},{"sectionNumber":"Part 5","sectionType":"part","heading":"Fire-fighting","content":"Part 5 Fire-fighting\nDivision 3 Firebreaks and removal of flammable material\nBushfires Management Act 2016 44\n(b) must state that the person on whom it is served may, within\n7 days after the day on which it is served, make an application\nto NTCAT for review of the decision to serve the notice.\n(4) A firebreak notice or flammable material notice must be in the\napproved form.\n","sortOrder":102},{"sectionNumber":"94","sectionType":"section","heading":"Review by NTCAT","content":"94 Review by NTCAT\n(1) NTCAT has jurisdiction to review a decision of the executive\ndirector to serve a firebreak notice or a flammable material notice\non a person under section 92(4).\n(2) The person on whom the notice is served may apply to NTCAT for\nreview of the decision.\n(3) An application under subsection (2) must be made within 7 days\nafter the day on which the notice is served on the person.\n(4) On an application for review under this section, NTCAT must, by\norder:\n(a) confirm the notice; or\n(b) vary the terms of the notice; or\n(c) set aside the notice.\n(5) In making an order under subsection (4)(a) or (b), NTCAT must\nspecify the time within which the act specified in the notice, as\nconfirmed or varied, is to be completed by the applicant.\nNote for section 94\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\n","sortOrder":103},{"sectionNumber":"95","sectionType":"section","heading":"Offence not to comply with notice","content":"95 Offence not to comply with notice\n(1) A person commits an offence if the person fails to comply with a\nnotice served on the person under section 92(4) within the following\ntime:\n(a) if an application for review is not made under section 94(2) –\nthe time specified in the notice;\n(b) if an application for review is made under section 94(2) and\nNTCAT confirms or varies the terms of the notice – the time\nspecified by NTCAT under section 94(5).\nMaximum penalty: 100 penalty units.\n\nPart 6 Miscellaneous matters\nBushfires Management Act 2016 45\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n(4) Subsection (5) applies if a person served with a notice under\nsection 92(4) fails to comply with it.\n(5) A person authorised in writing by the executive director may enter\nthe land that is the subject of the notice and do any things that are\nnecessary to comply with the notice.\n(6) A person may enter land under subsection (5):\n(a) personally or by employees, agents, licensees, servants or\ncontractors; and\n(b) with or without equipment and machinery.\n(7) The cost to the Territory of work carried out under subsection (5) is:\n(a) a debt due and payable to the Territory; and\n(b) a statutory charge on the land.\n","sortOrder":104},{"sectionNumber":"96","sectionType":"section","heading":"Contribution for firebreaks","content":"96 Contribution for firebreaks\nA person served with a notice under section 92(4) who incurs\nexpenditure in complying with the notice may recover as a debt due\nto the person:\n(a) if the person is not the owner of the land specified in the\nnotice – from the owner of that land the amount of that\nexpenditure; or\n(b) if the person is a joint owner of that land – from the other\nowners of that land the proportion of that expenditure that the\ncourt considers appropriate.\nPart 6 Miscellaneous matters\n","sortOrder":105},{"sectionNumber":"97","sectionType":"section","heading":"Entry on Aboriginal land","content":"97 Entry on Aboriginal land\n(1) This section applies if:\n(a) a person is empowered by this Act to enter land of which the\nperson is not the occupier; or\n\nPart 6 Miscellaneous matters\nBushfires Management Act 2016 46\n(b) it is necessary or convenient for a person to enter land for the\npurpose of carrying out a function or duty, or exercising a\npower, conferred or imposed on the person by this Act.\n(2) The person may enter the land despite:\n(a) the land being Aboriginal land as defined in section 3 of the\nAboriginal Land Act 1978; and\n(b) the person not holding a permit under that Act to enter or\nremain on the land.\n","sortOrder":106},{"sectionNumber":"98","sectionType":"section","heading":"Territory may recover expenses","content":"98 Territory may recover expenses\n(1) The Territory may, in a court of competent jurisdiction, recover from\na person any expenditure incurred by the Territory as a result of the\nperson's contravention of a provision of this Act.\n(2) An amount recoverable under this section is a debt due to the\nTerritory.\n","sortOrder":107},{"sectionNumber":"99","sectionType":"section","heading":"Protection from liability","content":"99 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as a member of the Council or a regional\ncommittee.\n(2) Subsection (1) does not affect any liability that the Territory, the\nCouncil or a regional committee would, apart from that subsection,\nhave for the act or omission.\n(3) A fire control officer, fire warden or authorised bushfire volunteer\nacting in accordance with a direction given by a person participating\nin the chain of command at a bushfire is not civilly or criminally\nliable for an act done or omitted to be done by the person in good\nfaith in the course of so acting.\n(4) A fire warden acting in accordance with a direction given by a fire\ncontrol officer under section 48(4) is not civilly or criminally liable for\nan act done or omitted to be done by the person in good faith in the\ncourse of so acting.\n(5) Subsection (3) or (4) does not affect any liability that the Territory\nwould, apart from that subsection, have for the act or omission.\n","sortOrder":108},{"sectionNumber":"100","sectionType":"section","heading":"Damage","content":"100 Damage\n(1) A person who causes damage in the course of exercising in good\nfaith a power conferred on the person by this Act, or carrying out\n\nPart 6 Miscellaneous matters\nBushfires Management Act 2016 47\nwork or doing any other act in good faith on land that the person is\nauthorised to carry out or do under this Act, is not civilly or\ncriminally liable in respect of that damage.\n(2) Damage occurring to property, through the exercise of a power\nmentioned in section 47 by a person authorised to exercise the\npower, must, for any insurance policy against fire that covers the\nproperty, be taken to be damage arising out of a bushfire.\n(3) A provision, stipulation, covenant or condition in any agreement\n(whether made before or after the commencement of this section)\nthat negatives, limits or modifies, or purports to negative, limit or\nmodify, the operation of subsection (2) is void and of no effect.\n","sortOrder":109},{"sectionNumber":"101","sectionType":"section","heading":"Confidentiality of information","content":"101 Confidentiality of information\n(1) A member of the Council or of a regional committee commits an\noffence if the member:\n(a) obtains information in the course of performing functions\nconnected with the administration of this Act; and\n(b) intentionally engages in conduct; and\n(c) the conduct results in the disclosure of the information and the\nmember is reckless in relation to the result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) Subsection (1) does not apply if:\n(a) the member discloses the information:\n(i) for the administration of this Act; or\n(ii) with the consent of the person to whom the information\nrelates; or\n(iii) for legal proceedings arising out of the operation of this\nAct; or\n(b) the information is otherwise available to the public.\nNote for subsection (3)\nIn addition to the circumstances mentioned in subsection (3), a member who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\n\nPart 6 Miscellaneous matters\nBushfires Management Act 2016 48\n","sortOrder":110},{"sectionNumber":"102","sectionType":"section","heading":"Misleading information","content":"102 Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally gives information to another person;\nand\n(b) the other person is a fire control officer or fire warden; and\n(c) the information is misleading and the person has knowledge of\nthat circumstance; and\n(d) the fire control officer or fire warden is acting in an official\ncapacity and the person has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another person;\nand\n(b) the other person is a fire control officer or fire warden; and\n(c) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(d) the fire control officer or fire warden is acting in an official\ncapacity and the person has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the fire\ncontrol officer or fire warden's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe fire control officer or fire warden the information necessary\nto remedy the misleading aspect of the document.\n(5) In this section:\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n\n","sortOrder":111},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous matters","content":"Part 6 Miscellaneous matters\nBushfires Management Act 2016 49\n","sortOrder":112},{"sectionNumber":"103","sectionType":"section","heading":"Evidence in proceedings","content":"103 Evidence in proceedings\nIn proceedings for an offence against this Act, a certificate\npurporting to be signed by the executive director to the following\neffect is, in the absence of proof to the contrary, evidence of the\nmatter stated in the certificate:\n(a) that a specified day was within:\n(i) a fire danger period; or\n(ii) a fire ban period;\n(b) that a specified area of land was, at a specified time, within:\n(i) a fire protection zone; or\n(ii) a fire management zone; or\n(iii) a fire management area; or\n(iv) a fire danger area; or\n(v) a fire ban area;\n(c) that a specified fire was a fire the lighting of which had been\nprohibited under section 80(1) or 85(1) on the land on which it\nwas burning;\n(d) that a specified person was, on a specified day, a fire control\nofficer, fire warden or authorised bushfire volunteer.\n","sortOrder":113},{"sectionNumber":"104","sectionType":"section","heading":"Service of notices","content":"104 Service of notices\nA notice required or permitted by this Act to be served on, or given\nto, a person may be so served or given:\n(a) by handing it or tendering it to that person; or\n(b) by post; or\n(c) by leaving it with a person apparently over the age of 16 years\nat the last known or usual place of residence or business of\nthe person on whom it is to be served or to whom it is to be\ngiven; or\n(d) if the address of the person on whom it is to be served or to\nwhom it is to be given is not known – by publishing the notice\nin the Gazette.\n\nPart 7 Repeals and transitional provisions\nDivision 2 Transitional matters for Bushfires Management Act 2016\nBushfires Management Act 2016 50\n","sortOrder":114},{"sectionNumber":"105","sectionType":"section","heading":"Approved forms","content":"105 Approved forms\nThe executive director may approve forms for this Act.\n","sortOrder":115},{"sectionNumber":"106","sectionType":"section","heading":"Regulations","content":"106 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The Regulations may:\n(a) prescribe a penalty not exceeding 85 penalty units for an\noffence against a regulation; or\n(b) apply, adopt or incorporate (with or without changes) the\nwhole or part of a document as in force or existing at a\nparticular time or from time to time.\nPart 7 Repeals and transitional provisions\n","sortOrder":116},{"sectionNumber":"Div 1","sectionType":"division","heading":"Acts repealed","content":"Division 1 Acts repealed\n","sortOrder":117},{"sectionNumber":"107","sectionType":"section","heading":"Acts repealed","content":"107 Acts repealed\nThe Acts specified in Schedule 1 are repealed.\n","sortOrder":118},{"sectionNumber":"Div 2","sectionType":"division","heading":"Transitional matters for Bushfires Management","content":"Division 2 Transitional matters for Bushfires Management\nAct 2016\n","sortOrder":119},{"sectionNumber":"108","sectionType":"section","heading":"Definitions","content":"108 Definitions\nIn this Act:\ncommencement means the commencement of this Part.\nrepealed Act means the Bushfires Act 1980 as in force\nimmediately before the commencement.\n","sortOrder":120},{"sectionNumber":"109","sectionType":"section","heading":"Continuation of certain things and offices","content":"109 Continuation of certain things and offices\nDespite the repeal effected by section 107:\n(a) a person holding office as the Chief Fire Control Officer or a\nSenior Fire Control Officer immediately before the\ncommencement continues to hold office as the chief fire\ncontrol officer or a senior fire control officer as if appointed\nunder section 16 or 17; and\n\nPart 7 Repeals and transitional provisions\nDivision 3 Transitional matters for Statute Law Amendment (NTCAT Conferral of\nJurisdiction) Act 2023\nBushfires Management Act 2016 51\n(b) a person holding office as a fire control officer for a fire control\nregion immediately before the commencement continues to\nhold office as a fire control officer as if appointed under\nsection 18; and\n(c) a permit issued under the repealed Act and in force\nimmediately before the commencement continues in force as\nif it were a permit issued under section 46; and\n(d) a volunteer bushfire brigade established under the repealed\nAct and in existence immediately before the commencement\ncontinues in existence as if it had been established under\nsection 54(1); and\n(e) a fire protection zone declared under section 33 of the\nrepealed Act and in existence immediately before the\ncommencement is taken to be a fire protection zone declared\nunder section 56; and\n(f) a fire control region declared under section 10 of the repealed\nAct and in existence immediately before the commencement\nis taken to be a fire management zone declared under\nsection 58.\n","sortOrder":121},{"sectionNumber":"110","sectionType":"section","heading":"Continuation of Regulations","content":"110 Continuation of Regulations\n(1) Despite the repeal effected by section 107, the former regulations\ncontinue in force under this Act, on and after the commencement,\nas the amended regulations.\n(2) In this section:\namended regulations means the Bushfires Management\n(Volunteer Bushfire Brigades) Regulations 2006.\nformer regulations means the Bushfires (Volunteer Bushfire\nBrigades) Regulations 2006 as in force immediately before the\ncommencement.\nDivision 3 Transitional matters for Statute Law Amendment\n(NTCAT Conferral of Jurisdiction) Act 2023\n","sortOrder":122},{"sectionNumber":"111","sectionType":"section","heading":"Definitions","content":"111 Definitions\nIn this Division:\namending Act means the Statute Law Amendment (NTCAT\nConferral of Jurisdiction) Act 2023.\n\nPart 7 Repeals and transitional provisions\nDivision 3 Transitional matters for Statute Law Amendment (NTCAT Conferral of\nJurisdiction) Act 2023\nBushfires Management Act 2016 52\ncommencement means the commencement of Part 5 of the\namending Act.\nformer Act means this Act as in force immediately before the\ncommencement.\n","sortOrder":123},{"sectionNumber":"112","sectionType":"section","heading":"Review by NTCAT limited to notices served after","content":"112 Review by NTCAT limited to notices served after\ncommencement\nSection 94, as inserted by section 36 of the amending Act, applies\nonly in relation to a firebreak notice or flammable material notice\nthat is served on a person by the executive director after the\ncommencement.\n","sortOrder":124},{"sectionNumber":"113","sectionType":"section","heading":"Reviews not requested before commencement","content":"113 Reviews not requested before commencement\n(1) This section applies to a person if, immediately before the\ncommencement, the person:\n(a) was entitled to make a request under section 94 of the former\nAct for the Minister to review the terms of a firebreak notice or\nflammable material notice served on the person; and\n(b) had not yet made a request for review of the notice.\n(2) The person may request the Minister to review the terms of the\nnotice under section 94 of the former Act, as if Part 5 of the\namending Act had not commenced.\n(3) The Minister must determine the person's request in accordance\nwith section 94 of the former Act, as if Part 5 of the amending Act\nhad not commenced.\n(4) Section 95 of the former Act continues to apply after the\ncommencement in relation to the Minister's decision on the person's\nrequest.\n","sortOrder":125},{"sectionNumber":"114","sectionType":"section","heading":"Reviews not determined before commencement","content":"114 Reviews not determined before commencement\n(1) This section applies in relation to a request to the Minister to review\nthe terms of a firebreak notice or flammable material notice that:\n(a) was made by a person under section 94 of the former Act; and\n(b) had not been finally determined by the Minister before the\ncommencement.\n\n","sortOrder":126},{"sectionNumber":"Part 7","sectionType":"part","heading":"Repeals and transitional provisions","content":"Part 7 Repeals and transitional provisions\n","sortOrder":127},{"sectionNumber":"Div 3","sectionType":"division","heading":"Transitional matters for Statute Law Amendment (NTCAT Conferral of","content":"Division 3 Transitional matters for Statute Law Amendment (NTCAT Conferral of\nJurisdiction) Act 2023\nBushfires Management Act 2016 53\n(2) The Minister must continue to determine the person's request in\naccordance with section 94 of the former Act, as if Part 5 of the\namending Act had not commenced.\n(3) Section 95 of the former Act continues to apply after the\ncommencement in relation to the Minister's decision on the person's\nrequest.\n","sortOrder":128},{"sectionNumber":"115","sectionType":"section","heading":"Compliance with notices served before commencement","content":"115 Compliance with notices served before commencement\nSection 95 of the former Act continues to apply after the\ncommencement in relation to a firebreak notice or flammable\nmaterial notice that was:\n(a) served on a person before the commencement; or\n(b) confirmed or varied by the Minister under section 94 of the\nformer Act before the commencement.\n\nSchedule 1 Repealed Acts\nBushfires Management Act 2016 54\n","sortOrder":129},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Repealed Acts","content":"Schedule 1 Repealed Acts\nsection 107\nBushfires Act 1980 Act No. 33 of 1980\nBushfires Amendment Act 1982 Act No. 26 of 1982\nBushfires Amendment Act 1984 Act No. 32 of 1984\nBushfires Amendment Act 1985 Act No. 70 of 1985\nBushfires Amendment Act 1988 Act No. 25 of 1988\nBushfires Amendment Act 1989 Act No. 48 of 1989\nBushfires Amendment Act 1992 Act No. 13 of 1992\nBushfires Amendment Act 2003 Act No. 6 of 2004\n\nENDNOTES\nBushfires Management Act 2016 55\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n","sortOrder":130},{"sectionNumber":"2","sectionType":"section","heading":"LIST OF LEGISLATION","content":"2 LIST OF LEGISLATION\nBushfires Management Act 2016 (Act No. 14, 2016)\nAssent date 7 June 2016\nCommenced 1 November 2016 (Gaz S111, 17 October 2016)\nEnvironment Legislation Amendment Act 2021 (Act No. 22, 2021)\nAssent date 18 November 2021\nCommenced pt 7: 31 March 2022; rem: 1 February 2022 (Gaz G51,\n","sortOrder":131},{"sectionNumber":"22","sectionType":"section","heading":"December 2021, p 1)","content":"22 December 2021, p 1)\nStatute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 (Act No. 24, 2023)\nAssent date 21 September 2023\nCommenced 27 November 2023 (Gaz G24, 23 November 2023, p 2)\n","sortOrder":132},{"sectionNumber":"3","sectionType":"section","heading":"GENERAL AMENDMENTS","content":"3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 6, 97, 108 and 110.\n","sortOrder":133},{"sectionNumber":"4","sectionType":"section","heading":"LIST OF AMENDMENTS","content":"4 LIST OF AMENDMENTS\ns 5 sub No. 22, 2021, s 4\ns 68 amd No. 22, 2021, s 5\ns 70 sub No. 22, 2021, s 6\ns 70A ins No. 22, 2021, s 6\ns 81 sub No. 22, 2021, s 7\ns 81A ins No. 22, 2021, s 7\ns 84 sub No. 22, 2021, s 8\ns 84A ins No. 22, 2021, s 8\ns 91 amd No. 22, 2021, s 9\ns 93 amd No. 24, 2023, s 35\n\nENDNOTES\nBushfires Management Act 2016 56\ns 94 sub No. 24, 2023, s 36\ns 95 amd No. 24, 2023, s 37\npt 7\ndiv 3 hdg ins No. 24, 2023, s 38\ns 111 exp No. 14, 2016, s 111(5)\nins No. 24, 2023, s 38\nss 112 – 115 exp No. 14, 2016, s 121\nins No. 24, 2023, s 38\npt 8 hdg exp No. 14, 2016, s 121\npt 8\ndiv 1 hdg exp No. 14, 2016, s 121\nss 116 – 119 exp No. 14, 2016, s 121\npt 8\ndiv 2 hdg exp No. 14, 2016, s 121\ns 120 exp No. 14, 2016, s 121\npt 8\ndiv 3 hdg exp No. 14, 2016, s 121\ns 121 exp No. 14, 2016, s 121\nsch 2 exp No. 14, 2016, s 121","sortOrder":134}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since the Act's original enactment, its scope has been changed by later amendments recorded in the reprint. Notable changes in the supplied text include: the insertion of explicit offences relating to property fire management plans (ss 70A, 81A, 84A) which broaden criminal enforcement linked to plan compliance; and changes to review rights and the tribunal review pathway (s 94 as amended and the transitional limits in ss 112–115) shifting where and when affected persons may seek review. Other amendments to procedural provisions (for example, public notice provisions, s 5) are also recorded in the reprint. These amendments alter enforcement reach, review routes and administrative procedures compared with the original enacted text (see ss 70A, 81A, 84A, 94, 112–115 and the List of Amendments in the endnotes)."},"complexity_factors":["Multiple overlapping geographic categories (fire protection zones, fire management zones, fire management areas, fire danger areas, fire ban areas) with different controls and triggers (ss 56–66).","Layered planning regime: regional, area and property fire management plans with different preparation, endorsement and enforcement paths (ss 78, 83, 70, 81, 84).","Wide discretionary powers granted to the executive director and Minister for declarations, notices, and allocation of assets (ss 9, 12, 14, 46, 78, 85).","Numerous criminal offences with varying maximum penalties and frequent use of strict liability (examples: ss 68, 73, 86, 91, 70A, 81A, 84A).","Administrative enforcement options including entry without warrant, seizure, compulsory works and cost-recovery plus statutory charges on land (ss 48, 92–96, 98).","Appeal and review mechanisms split between internal appeal to executive director and tribunal/Minister review with transitional limits introduced by later amendments (s 46(6)–(7); s 94; ss 112–115).","Interplay between emergency powers (eg. extinguish, destroy vegetation, close roads) and protections from liability for officials and volunteers (ss 47, 99–100).","Enumerated duties on owners/occupiers (eg. ss 90–91) that interact with operational directions by officers (ss 47–48) creating enforcement and evidentiary complexity.","Continuity and transitional provisions carry forward instruments, appointments and permits from repealed law, adding historical layering (Part 7, ss 107–110)."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\nThis Act sets up a statutory system for preventing, managing and fighting bushfires in the Northern Territory. Mechanically, it creates a public service unit (Bushfires NT), appoints operational officers and volunteers, allows government declaration of different fire areas and zones, sets permit and planning regimes for burning and other activities, gives wide powers to enter land and require works, and creates criminal offences and civil recovery powers to enforce compliance (Key mechanics: ss 13–20, 21–37, 43–55, 56–67, 46–50, 70, 81, 84, 92–96, 98). The long title states the purpose as protecting life, property and the environment by mitigation, management and suppression of bushfires.\n\nSummary of the main mechanisms\n\n- Organisational structure: establishes Bushfires NT (ss 13–15), a Bushfires Council to advise the Minister (ss 21–29), and regional committees for each fire management zone (ss 32–41). It also creates operational roles: chief and senior fire control officers, fire control officers, fire wardens and authorised volunteers (ss 16–19, 43–53).\n\n- Zoning and temporary areas: the Minister or executive director may declare fire protection zones, fire management zones, fire management areas, fire danger areas and short-term fire ban areas (ss 56–66). Those declarations trigger different sets of controls in Part 4.\n\n- Permits and prohibitions: a permit regime controls lighting fires in many places and for particular methods (eg. permits for aerial incendiary burning) (s 46; s 82). During declared fire danger or fire ban periods, the Act prohibits many open fires and restricts related activities (ss 62–66, 71–76, 86–88).\n\n- Planning obligations: the executive director can require owners/occupiers to prepare property fire management plans, and Bushfires NT or regional committees prepare regional or area fire management plans (ss 78, 83–84, 70, 81). Failure to comply with required plans can attract criminal penalties added by later amendments (see ss 70A, 81A, 84A).\n\n- Enforcement powers: authorised officers can enter land without warrant for certain purposes, investigate causes, seize items, require people to extinguish fires, and order removal or establishment of firebreaks; the executive director may authorise works to be done at the Territory's expense if owners fail to comply (ss 47–48, 92–96). The Territory may recover expenses and place a statutory charge on land for costs it incurs (ss 70(8), 81(8), 84(8), 95(6)–(7), 98).\n\n- Penalties and liability: the Act creates a range of offences (from strict liability offences such as failing to have prescribed firebreaks (s 68) to serious criminal offences for lighting unauthorised fires (ss 73, 86)). Many offences are strict liability; maximum penalties range up to imprisonment (eg. ss 73, 86, 91). The Act also gives legal protection for officers acting in good faith and treats damage caused lawfully in the exercise of powers as not civilly/criminally actionable in many cases (ss 99–100).\n\nWho pays and who decides\n\n- Who pays: landowners and occupiers carry primary compliance costs — creating and maintaining firebreaks, preparing property fire management plans, and carrying out works required by notices. If they do not comply, the Territory can carry out the work and recover its costs as a debt and as a statutory charge on the land (ss 70(7)–(8), 81(7)–(8), 84(7)–(8), 95(5)–(7), 98). Penalties for offences may also impose financial costs (various penalty provisions).\n\n- Who decides: the Minister and the executive director hold significant decision rights. The Minister makes high-level declarations and appoints members and officers (eg. ss 9, 10, 16, 21, 25, 56, 58). The executive director manages Bushfires NT, issues general orders and directs preparation of plans and the allocation of government assets (ss 14–15, 78). Fire control officers and fire wardens exercise operational powers on the ground (ss 46–49). Many functions may be delegated (s 12; s 14(5)).\n\nIncentives, costs, trade-offs and implementation points (source‑grounded)\n\n- Incentives and behavioural change: the combination of mandatory planning (ss 70, 81, 84), permit requirements (s 46) and criminal penalties (eg. ss 73, 86, 91) creates legal incentives for owners/occupiers and people lighting fires to avoid risky burning and to plan. The ability of the executive director to require plans and to have work done at the Territory's expense (with cost recovery) increases the incentive to comply (ss 70(7)–(8), 81(7)–(8), 84(7)–(8), 95(5)–(7), 98).\n\n- Concentration of decision rights and discretion: the executive director has broad discretion to require plans, authorise entry and works, and allocate government assets (ss 14(2)–(4), 46(3)–(4), 47, 92–95). The Minister must consider Council advice but may make decisions contrary to it so long as reasons are given (s 9). This centralisation concentrates implementation authority in a small number of offices (ss 9, 12, 14, 46, 78).\n\n- Compliance burden and costs: property owners and occupiers face administrative burdens preparing plans and costs to implement required works and firebreaks; non-compliance can produce penalties or the Territory performing works and recovering costs as debts and statutory charges (ss 68, 70, 81, 84, 92–96, 98).\n\n- Effects on private enterprise and activities: permit requirements and the prohibition/suspension of permits during fire bans (ss 46–48, 86, 88) affect agricultural burning, aerial burning operations (s 82), and other business activities that involve controlled burning or use of machinery that can emit sparks (ss 76–77). Businesses must follow permit conditions or cease operations during declared bans.\n\n- Legal risk and protections: authorised officers have powers to enter and carry out works (ss 47–48, 92–96), but the Act provides protections from civil/criminal liability for officers and volunteers acting in good faith and treats damage arising from lawfully exercised powers as covered for insurance purposes (ss 99–100).\n\n- Appeal and review: some administrative decisions are reviewable (eg. firebreak/flammable material notices are reviewable — s 94), but amendments have adjusted where review lies (see scope changes below).\n\nTrade-offs and implementation risks\n\n- The Act balances preventive regulation with operational flexibility, but that flexibility creates reliance on administrative discretion and enforcement capacity (ss 14, 46, 92). The practical outcomes depend on how consistently and promptly the executive director, regional committees and officers exercise powers (ss 14–15, 78, 32–41).\n\n- The recovery-of-cost mechanism (ss 70(8), 81(8), 84(8), 95(5)–(7), 98) limits direct budgetary exposure for the Territory but transfers financial risk onto landowners and their property titles.\n\nOfficial rationale and testing against costs\n\n- Officially, the Act exists to protect life, property and the environment through mitigation, management and suppression of bushfires (long title). Mechanically, the law achieves this by creating zones and prohibitions (ss 56–66), requiring and enforcing planning and firebreaks (ss 68, 70, 81, 84), and empowering operational officers (ss 46–49, 92–96). The costs and trade-offs are concentrated on landowners and persons lighting fires (compliance costs, potential debt and statutory charges) while decision and enforcement powers are concentrated with the Minister, the executive director and authorised officers (ss 9, 12, 14, 46, 47, 92). The Act contains a mix of criminal penalties (including strict liability) and administrative remedies that will translate operationally into officer discretion, enforcement resources, and compliance activities by landholders.\n\nSources: Provisions cited are from the Bushfires Management Act 2016 as reproduced in the supplied text (selected sections cited above)."},"kimi_summary":{"_metrics":{"completionTokens":827},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose. The 2021 amendments added property fire management plan offences (70A, 81A, 84A) and the 2023 amendments transferred review jurisdiction from the Minister to NTCAT, but these represent operational refinements rather than scope expansion. The core framework of zones, permits, and fire controls remains as established in 2016."},"complexity_factors":["47 defined terms in section 3, including nested definitions like 'flammable material' with multiple sub-paragraphs","Four overlapping zone types (fire protection, fire management, fire danger, fire ban) with different control regimes in Parts 3-4","Near-identical offence provisions repeated across divisions (sections 70A, 81A, 84A for property fire management plan offences)","Conditional permit systems with appeal mechanisms (section 46) and suspension rules (section 88)","Transitional provisions spanning two amending Acts with complex commencement rules (Division 3 of Part 7)","Cross-references to Criminal Code for general principles of criminal responsibility (section 8)","Strict liability offences with 'reasonable excuse' defences throughout (approximately 15 such provisions)","Chain of command hierarchy with conditional powers depending on direction from superiors (section 89)","Statutory charge mechanism for recovering costs (appears in sections 70, 81, 84, 95, 96)","NTCAT review jurisdiction with time limits and transitional grandfathering (sections 94-95, 112-115)"],"plain_english_summary":"\n\n## What This Law Does\n\nThe **Bushfires Management Act 2016** is the Northern Territory's main law for preventing, managing, and fighting bushfires. It creates a comprehensive system to protect lives, property, and the environment from fire.\n\n### Who It Affects\n\n- **Landowners and occupiers** – must maintain firebreaks, follow fire bans, and may need to prepare fire management plans\n- **Rural and regional communities** – especially those in declared fire zones\n- **Volunteer firefighters** – protected employment rights when responding to fires\n- **Anyone lighting fires** – campers, farmers, tradespersons using welding equipment, etc.\n\n### Key Features\n\n**Four Types of Fire Zones** (each with different rules):\n- **Fire protection zones** – highest protection; mandatory firebreaks; volunteer brigades established here\n- **Fire management zones** – regional planning; aerial burning permits required\n- **Fire management areas** – temporary declarations for specific fire risks\n- **Fire danger/ban areas** – temporary declarations during high-risk periods; total fire bans possible\n\n**Administrative Structure:**\n- **Bushfires NT** – the government unit that runs day-to-day operations\n- **Bushfires Council** – advises the Minister (at least 9 members)\n- **Regional committees** – local input for each fire management zone\n- **Fire control officers & fire wardens** – have powers to issue permits, enter property, investigate fires, and give directions during emergencies\n\n**Main Controls on Fire:**\n- Firebreaks must be at least 4 metres wide with vegetation under 50mm high\n- Permits required for most fires in protection zones and during danger periods\n- Total fire bans can be declared for up to 24 hours\n- Property fire management plans can be mandated for high-risk land\n- Spark arresters required on engines; fire extinguishers needed for welding/grinding\n\n**Powers During Emergencies:**\nFire control officers can: enter any land or building (breaking locks if necessary), pull down fences or buildings, close roads, take water from sources (except household tanks), and establish firebreaks by any means.\n\n**Penalties:** Range from 20 penalty units (failing to return an identity card) to 500 penalty units or 5 years imprisonment (lighting fires during total bans or failing to control dangerous fires).\n\n"}},"importantCases":[],"_links":{"self":"/api/acts/bushfires-management-act-2016","history":"/api/acts/bushfires-management-act-2016/history","analysis":"/api/acts/bushfires-management-act-2016/analysis","conflicts":"/api/acts/bushfires-management-act-2016/conflicts","importantCases":"/api/acts/bushfires-management-act-2016/important-cases","documents":"/api/acts/bushfires-management-act-2016/documents"}}