Subdiv 7Supplementary provisions

Subdivision 7—Supplementary provisions 93—Delegation by councils (1) A council may, by instrument in writing, delegate to a fire prevention officer a power or function under this Division. (2) A delegation under this section is revocable at will and does not derogate from the powers of the council to act in any matter. (3) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. 94—Failure by a council to exercise statutory powers (1) If, in the opinion of the Chief Officer, a council fails to exercise or discharge any of its powers or functions under this Division, the Chief Officer may take such action as appears necessary on account of that failure. (2) Without limiting the generality of subsection (1), the Chief Officer may recommend to the Minister that the powers and functions of the council under this Part be withdrawn. (3) Before taking action under subsection (2), the Chief Officer must consult with the council in relation to the matter. (4) If the Chief Officer makes a recommendation to the Minister under subsection (2)— (a) the Minister must give the council a reasonable opportunity to make written submissions to the Minister in relation to the matter; and (b) if the council so requests at the time that it makes such written submissions—the Minister must discuss the matter with a delegation representing the council; and (c) the Minister must consult with the State Bushfire Coordination Committee in relation to the matter. (5) If, after complying with subsection (4), the Minister is satisfied that it is appropriate to do so, the Minister may, by notice in the Gazette, withdraw the powers and functions of the council and vest them in an officer of SACFS nominated by the Chief Officer. (6) The Minister must, within 14 days of publishing a notice under subsection (5), furnish the council with written reasons for his or her decision. (7) The Minister may, by subsequent notice in the Gazette made on the recommendation of the Chief Officer— (a) appoint another officer of SACFS in substitution for an officer previously appointed under this section; (b) revoke the notice that withdrew the council's powers and functions. (8) Any expenses reasonably incurred by an officer of SACFS in exercising or discharging powers and functions vested under this section may be recovered as a debt due to the SACFS from the council in a court of competent jurisdiction. 95—Endangering life or property (1) A person who, during the fire danger season, without lawful excuse, lights a fire in circumstances where the fire endangers, or is likely to endanger, the life or property of another, is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 2 years. (2) It is a defence to a charge of an offence against this section for the defendant to prove— (a) — (i) that the fire was lit— (A) on land owned or occupied by the defendant; or (B) at the direction of, or with the permission of, the owner or occupier of the land on which the fire was lit; or (ii) that the danger was caused by unforeseen weather conditions; and (b) that the defendant took all reasonable precautions to prevent the spread of the fire. 95A—Other regulatory provisions Nothing in this Division limits or prevents any other requirements or prohibitions imposed by or under this Act (including by regulations made under section 148) applying— (a) outside the fire danger season; or (b) on days that are not total fire ban days; or (c) in circumstances that fall outside the contemplation of this Division.