84AOffences about property fire management plans within fire

84A Offences about property fire management plans within fire management area (1) A person commits an offence if: (a) the person is the owner or occupier of land, within a fire management area, 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 area; and (b) public notice is given under section 84(1)(a) 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 public 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. (7) A person commits an offence if: (a) the person is the owner or occupier of land within a fire management area; and

Part 4 Controls on fire activities in zones and areas Division 5 Controls in fire ban areas Bushfires Management Act 2016 38 (b) the person is given written notice under section 84(1)(d) 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. (8) Strict liability applies to subsection (7)(a) and (b). (9) It is a defence to a prosecution for an offence against subsection (7) if the defendant has a reasonable excuse.