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Bushfires Management Act 2016
95Offence not to comply with notice
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95 Offence not to comply with notice
(1) A person commits an offence if the person fails to comply with a
notice served on the person under section 92(4) within the following
time:
(a) if an application for review is not made under section 94(2) –
the time specified in the notice;
(b) if an application for review is made under section 94(2) and
NTCAT confirms or varies the terms of the notice – the time
specified by NTCAT under section 94(5).
Maximum penalty: 100 penalty units.
Part 6 Miscellaneous matters
Bushfires Management Act 2016 45
(2) An offence against subsection (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against
subsection (1) if the defendant has a reasonable excuse.
(4) Subsection (5) applies if a person served with a notice under
section 92(4) fails to comply with it.
(5) A person authorised in writing by the executive director may enter
the land that is the subject of the notice and do any things that are
necessary to comply with the notice.
(6) A person may enter land under subsection (5):
(a) personally or by employees, agents, licensees, servants or
contractors; and
(b) with or without equipment and machinery.
(7) The cost to the Territory of work carried out under subsection (5) is:
(a) a debt due and payable to the Territory; and
(b) a statutory charge on the land.