Bushfires Management Act 2016
81AOffences regarding property fire management plans within fire
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81A Offences regarding property fire management plans within fire management zone (1) A person commits an offence if: (a) the person is the owner or occupier of land, within a fire management zone, to which a fire management plan applies; and (b) the person intentionally engages in conduct; and (c) the conduct results in contravention of the fire management plan and the person is reckless in relation to that result. Maximum penalty: 200 penalty units or imprisonment for 2 years. (2) Strict liability applies to subsection (1)(a). (3) It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse. (4) A person commits an offence if: (a) the person is the owner or occupier of land within a fire management zone; and (b) the person is given written notice under section 81(1)(c) requiring the person to prepare and submit to the executive director, by a date specified in the notice, a property fire management plan for the land; and (c) the person intentionally engages in conduct; and (d) the conduct results in contravention of the written notice and the person is reckless in relation to that result. Maximum penalty: 200 penalty units or imprisonment for 2 years. (5) Strict liability applies to subsection (4)(a) and (b). (6) It is a defence to a prosecution for an offence against subsection (4) if the defendant has a reasonable excuse.