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Bushfires Management Act 2016
84Property fire management plans within fire management area
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84 Property fire management plans within fire management area
(1) The executive director may do any of the following:
(a) by public notice, require each owner or occupier of land within
a fire management area to prepare and submit to the
executive director, by a date specified in the notice, a property
fire management plan;
(b) conduct a risk assessment of land within a fire management
area;
(c) direct a fire control officer, or another person, to conduct a risk
assessment of land within a fire management area;
(d) by written notice given to the owner or occupier of land within
a fire management area, require the owner or occupier to
prepare and submit to the executive director, by a date
specified in the notice, a property fire management plan for
the land;
(e) prepare a property fire management plan for land within a fire
management area and give it to the owner or occupier of the
land.
Part 4 Controls on fire activities in zones and areas
Division 4 Controls in fire management areas
Bushfires Management Act 2016 36
(2) In determining whether to do any of the things permitted under
subsection (1), the executive director may consider any factors the
executive director considers relevant.
(3) Without limiting subsection (2), the executive director may consider:
(a) previous non-compliance by the owner or occupier of the land
with their obligations under this Act; and
(b) compliance generally of the owners or occupiers of the land
within the fire management area with their obligations under
this Act; and
(c) the likely scale and urgency of the risk of fire to human safety
or the environment.
(4) A property fire management plan prepared under this section must
specify adequate arrangements for the mitigation, management and
suppression of fire on the land.
(5) If an owner or occupier of land is given notice under
subsection (1)(a) or (d) and the submitted plan is not, in the opinion
of the executive director, adequate, the executive director may
return the plan to the owner or occupier to make the amendments
required by the executive director.
(6) The executive director, a fire control officer or a person directed by
the executive director may enter land within a fire management
area to carry out a risk assessment as permitted by this section.
(7) If a property fire management plan requires the doing of a specified
act by the owner or occupier of the land within a specified period
and the owner or occupier fails to do the act within that period, the
executive director may authorise, in writing, a person to:
(a) enter the land, with or without equipment and machinery; and
(b) do the act required to be done.
(8) The cost to the Territory of work carried out under subsection (7) is:
(a) a debt due and payable to the Territory; and
(b) a statutory charge on the land.
Part 4 Controls on fire activities in zones and areas