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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.