106Direction to remove flammable material from premises

106 Direction to remove flammable material from premises (1) If an inspector believes, on reasonable grounds, that flammable material is kept on particular premises in a way that may cause, directly or indirectly, a danger to life or property if there is a fire, the inspector may direct the owner of the premises to take stated action to remove the danger. (2) In deciding whether to give the direction, the inspector must consider the following: (a) the amount and kind of flammable material at the premises; (b) climatic conditions affecting the premises and nearby area; (c) the nature, location and use of the premises and nearby premises;

(d) the possible effect of any fire at the premises and nearby premises; (e) the availability of firefighting facilities; (f) the action the inspector believes, on reasonable grounds, is necessary to remove the danger; (g) the period within which the inspector believes it is necessary for the action to be taken. (3) The inspector may also consider any other relevant matter. (4) The direction must be in writing and must state— (a) the action the owner must take to remove the danger; and (b) the period (not shorter than 14 days after the day the direction is given to the owner) within which the action must be taken; and (c) that, if the owner fails to comply with the direction, the inspector may arrange for the removal of the danger at the owner’s expense; and (d) if the direction requires material to be burnt—that the burning must be done in accordance with this Act and the Environment Protection Act 1997. (5) The direction must not be inconsistent with the Environment Protection Act 1997.