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Bushfires Management Act 2016
92Establishment of firebreaks or removal of flammable material
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92 Establishment of firebreaks or removal of flammable material
(1) This section applies if the executive director considers that it is
necessary for firebreaks to be established on, or for bush or other
flammable material to be removed from, land.
Part 5 Fire-fighting
Division 3 Firebreaks and removal of flammable material
Bushfires Management Act 2016 43
(2) The executive director may serve a warning notice in the approved
form on:
(a) the owner, lessee, licensee, mortgagee in possession of or
occupier of the land; or
(b) the person managing or controlling, or apparently managing or
controlling, the use of the land.
(3) A warning notice must:
(a) state that the executive director intends to serve a firebreak
notice or flammable material notice in respect of the land; and
(b) indicate the contents of the proposed notice; and
(c) invite the person on whom the warning notice is served to give
the executive director, within 72 hours after that service,
reasons why the proposed notice should not be served.
(4) If no reasons are given to the executive director, or the executive
director considers that the reasons given are insufficient, the
executive director may serve on the person on whom the warning
notice was served a firebreak notice or flammable material notice,
in respect of the land.
(5) The executive director must advise the Council, at its next meeting
following the service of a notice under subsection (4), of the terms
of the notice.