43Powers of forest officers

### 43 Powers of forest officers > *\[Section 43 Subsection (4) amended by No. 25 of 1994, s. 45 and Sched. 3 \]* > > > (1)  Subject to this Part, a forest officer may take such steps as he considers necessary to ascertain whether any fire is burning on any of the land specified in [subsection (2)](#GS43@Gs2@EN) and to control or extinguish any fires so burning, and, for that purpose, he may enter upon that land taking with him such persons to assist him as he may require. > > > (2)  *\[Section 43 Subsection (2) amended by No. 25 of 1994, s. 45 and Sched. 3 \]*For the purposes of [subsection (1)](#GS43@Gs1@EN) , the following land is specified: > > > > > > (a) any land within a fire protected area where that area includes the whole or any part of a State forest, or any Crown land; and > > > > > > > (b) any land in, or within 3 kilometres of the boundaries of, any State forest. > > > (3)  *\[Section 43 Subsection (3) amended by No. 25 of 1994, s. 45 and Sched. 3 \]*Notwithstanding anything in [section 42](#GS42@EN) , but subject to [section 44](#GS44@EN) , a forest officer who is present at a fire burning within a fire protected area where that area includes the whole or any part of a State forest, or any Crown land, shall have supreme charge of the operation of extinguishing the fire. > > > (4)  *\[Section 43 Subsection (4) amended by No. 29 of 1984, s. 3 and Sched. 1 \]*Where a forest officer is present at a fire (not being a fire referred to in [subsection (3)](#GS43@Gs3@EN) ) he may assist the person having supreme charge of the operation of extinguishing the fire, and, if he so assists that person, any employees of the Forestry corporation under his control shall assist that person in carrying out that operation in accordance with his directions. > > > (5)  *\[Section 43 Subsection (5) amended by No. 25 of 1994, s. 45 and Sched. 3 \]*Where a forest officer is present at a fire at which there is not present a person who has supreme charge of the operation of extinguishing the fire, he may, if he considers the fire constitutes a danger to any State forest, or any Crown land, assume supreme charge of extinguishing or controlling the fire.