68Requirement to establish firebreaks

68 Requirement to establish firebreaks (1) The owner or occupier of land within a fire protection zone commits an offence if there is not a prescribed firebreak: (a) around the perimeter of the land; or (b) in another approved position on, or close to, the land. Maximum penalty: 20 penalty units and 2 penalty units for each day during which the offence continues. (2) The owner or occupier of land within a fire protection zone commits an offence if: (a) there is on the land: (i) a house or other permanent structure; or (ii) a stationary engine; or (iii) flammable material; and (b) there is not a prescribed firebreak around the thing mentioned in paragraph (a). Maximum penalty: 20 penalty units and 2 penalty units for each day during which the offence continues. (3) An offence against subsection (1) or (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant has a reasonable excuse. Part 4 Controls on fire activities in zones and areas Division 1 Controls in fire protection zones Bushfires Management Act 2016 25 (5) This section does not affect the requirement to obtain a permit for the lighting of a fire in order to create a firebreak by burning. (6) In this section: approved position means a position approved in writing by the executive director at the request of the owner or occupier. prescribed firebreak means a firebreak that: (a) is no less than 4 m wide; and (b) is created by burning, grading, scraping, ploughing, mowing, slashing, spraying or grazing; and (c) does not have any vegetation on it that is more than 50 mm high; and (d) does not have any slash or dead material lying on it.