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Fire and Emergency Services Act 2005
Subdiv 6Miscellaneous precautions against fire
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Subdivision 6—Miscellaneous precautions against fire
86—Fire safety at premises
(1) An authorised officer may require the owner of premises of a prescribed kind in the country, or a person proposing to build any such premises, to take specified steps to prevent the outbreak of fire at the premises, or the spread of fire from the premises.
(2) A person to whom such a requirement is directed may, within 14 days after the date of the requirement, lodge a written notice of objection with the Chief Officer.
(3) The Chief Officer must consider any such objection and may vary the requirement in any manner the Chief Officer thinks fit.
(4) A person who fails to comply with a requirement under this section is guilty of an offence.
(a) if the offender is a body corporate—$50 000;
(b) if the offender is a natural person—$10 000.
authorised officer means a person authorised by the Chief Officer to exercise the powers of an authorised officer under this section.
87—Removal of debris from roads
(1) If as a result of any work flammable debris is left on or in the vicinity of a road in the country, the person that carried out the work must remove the debris from the road—
(a) on being required to do so by the Chief Officer or a council; or
(b) if no such requirement is made, on the completion of the work (insofar as to do so is reasonably practicable).
(2) If a person fails to comply with subsection (1), the Chief Officer or the council of the area may—
(a) burn or remove the flammable debris; and
(b) recover the cost of so doing as a debt due to it from the person in default.
89—Restriction on use of certain appliances etc
A person must not, during the fire danger season, operate an engine, vehicle or appliance of a prescribed kind in the open air, or use any flammable or explosive material of a prescribed kind, or carry out any prescribed activity, except in accordance with the relevant regulations.
(a) for a first offence—$5 000;
(b) for a second or subsequent offence—$10 000.
91—Duty to report unattended fires
(1) A person who finds an unattended fire on land in the country must immediately take such steps as are reasonably practicable to notify a member of SACFS, a member of SAMFS, a government officer or a police officer of the existence and location of the fire.
Maximum penalty: $1 250.
designated Act means an Act designated by the Minister from time to time by notice in the Gazette for the purposes of this section;
government officer means—
(a) an officer of the administrative unit of the Public Service primarily responsible for assisting the relevant Minister in the administration of the National Parks and Wildlife Act 1972; or
(ab) an officer of the administrative unit of the Public Service primarily responsible for assisting the relevant Minister in the administration of a designated Act; or
(b) an officer or employee of the South Australian Forestry Corporation; or
(c) any other person of a class prescribed for the purposes of this definition.