49Fire hazards

### 49 Fire hazards > > (1)  [*\[Section 49 Subsection (1) amended by No. 57 of 2007, s. 8, Applied:13 Dec 2007\]*](/view/html/inforce/2007-12-13/act-2007-057#GS8@EN) *\[Section 49 Subsection (1) amended by No. 60 of 1986, s. 6 \]**\[Section 49 Subsection (1) amended by No. 29 of 1995, s. 43 \]*Where, in the opinion of the Commission or an authorized officer any hedge, vegetation, rubbish, or similar matter in or on any land or premises is in such a condition, or, if permitted to remain in or on the land or premises, would become in such a condition as to constitute a fire danger, the Commission or authorized officer may, by notice in an approved form given to the occupier of the land or premises, require the occupier to take such steps as the Commission or authorized officer may require, and as may be specified in the notice for the – > > > > > > (a) trimming, cutting back, or removal of the hedge; or > > > > > > > (b) burning off, or removal of, the vegetation, rubbish, or matter. > > > (2)  A notice referred to in [subsection (1)](#GS49@Gs1@EN) is given for the purpose of that subsection if – > > > > > > (a) it is delivered to the occupier of the land or premises to which it relates; or > > > > > > > (b) it is sent by certified mail to the occupier, referred to in [paragraph (a)](#GS49@Gs2@Hpa@EN) . > > > (3)  *\[Section 49 Subsection (3) amended by No. 101 of 1993, s. 4 and Sched. 1 \]*An occupier to whom a notice is given under [subsection (1)](#GS49@Gs1@EN) who fails, within such time as may be specified in the notice, to comply with the notice, is guilty of an offence and liable to a fine not exceeding 26 penalty units. > > > (4)  The owner of any land or premises which is unoccupied shall be deemed to be the occupier for the purpose of this section. > > > (5)  *\[Section 49 Subsection (5) amended by No. 60 of 1986, s. 6 \]**\[Section 49 Subsection (5) substituted by No. 29 of 1995, s. 43 \]*Where the Commission or an authorized officer reasonably considers that there is on any land – > > > > > > (a) a building or structure that – > > > > > > > > > > (i) by reason of its defective construction or condition, inadequate insulation or proximity to inflammable materials – is likely to catch fire and endanger the life of any person; or > > > > > > > > > > > (ii) by reason of its age, condition or the combustible nature of its materials – is likely in the event of a fire to endanger the life or property of any person; or > > > > > > > > > > > (iii) by reason of the absence of means of escape or adequate means of escape – is likely in the event of a fire to endanger the life of any person; or > > > > > > > > > > > (iv) by reason of neglect or damage – is in a structural condition likely to endanger the life or property of any person; or > > > > > > > (b) an accumulation of inflammable material or material liable to spontaneous combustion constituting a fire danger to the life or property of any person; or > > > > > > > (c) an escape of an inflammable liquid or vapour constituting a fire danger to the life or property of any person; or > > > > > > > (d) a hedge, scrub, bush, grass, weeds or other growth that is likely, then or after drying off, to constitute a fire danger to the life or property of any person – > > > > the Commission or authorized officer may, by notice in writing given to the council of the municipal area in which that land is situated, require that local council to deal with the fire danger, within such reasonable period of not less than 30 days as is specified in the notice, as if that fire danger were a nuisance under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) . > > > (6)  *\[Section 49 Subsection (6) amended by No. 60 of 1986, s. 6 \]**\[Section 49 Subsection (6) substituted by No. 29 of 1995, s. 43 \]*If the occupier or local council refuses or fails to comply with a requirement of the Commission or an authorized officer under [subsection (1)](#GS49@Gs1@EN) or [(5)](#GS49@Gs5@EN) , members of the Fire Service authorised by the Commission for the purpose may enter on the land in question and do all such acts as are reasonably necessary to eliminate the fire danger. > > > (7)  *\[Section 49 Subsection (7) amended by No. 60 of 1986, s. 6 \]**\[Section 49 Subsection (7) amended by No. 29 of 1995, s. 43 \]*The expenses incurred by the Commission in exercising the powers referred to in [subsection (6)](#GS49@Gs6@EN) are a debt due from the occupier or the local council, as the case may be, to the Commission and are recoverable in a court of competent jurisdiction. > > > (8)  *\[Section 49 Subsection (8) amended by No. 29 of 1995, s. 43 \]**\[Section 49 Subsection (8) amended by No. 60 of 1986, s. 6 \]*Where there is on any land any structure, material, or thing that, in the opinion of the Commission, constitutes a fire danger, members of the Fire Service may enter on that land and do all such acts as the Commission considers necessary to remove that risk. > > > (9)  The expenses incurred by the Commission in the exercise of the powers conferred on it by [subsection (8)](#GS49@Gs8@EN) are a debt due from the occupier of the land to the Commission and are recoverable in a court of competent jurisdiction. > > > (10)  *\[Section 49 Subsection (10) inserted by No. 22 of 1983, s. 5 \]**\[Section 49 Subsection (10) amended by No. 29 of 1995, s. 43 \]*Where – > > > > > > (a) pursuant to [subsection (5)](#GS49@Gs5@EN) , a notice has been served by a local council under [section 200 of the](/view/html/inforce/2026-04-12/act-1993-095#GS200@EN) [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) in respect of land; and > > > > > > > (b) services have been rendered by a brigade at a fire on that land; and > > > > > > > (c) the notice had not been complied with immediately before the rendering of those services by the brigade at that fire – > > > > proceedings may be brought in a court of competent jurisdiction by the Commission against the occupier of that land for the recovery of an amount, being a charge for the services rendered by the brigade at the fire determined in accordance with the scale of charges fixed by the Commission under [section 109](#GS109@EN) [(1)](#GS109@Gs1@EN) . > > > (11)  *\[Section 49 Subsection (11) inserted by No. 22 of 1983, s. 5 \]**\[Section 49 Subsection (11) amended by No. 29 of 1995, s. 43 \]*In any proceedings brought by the Commission under [subsection (10)](#GS49@Gs10@EN) , the court may decline to make an order for the recovery of the amount referred to in that subsection if the person against whom the proceedings are brought satisfies the court that he took all reasonable steps to comply with the notice or that it was reasonable in all the circumstances that he did not comply with the notice. > > > (12)  *\[Section 49 Subsection (12) added by No. 60 of 1986, s. 6 \]**\[Section 49 Subsection (12) amended by No. 29 of 1995, s. 43 \]*In this section, ***authorized officer*** means an officer of the Fire Service authorized in writing by the Commission to give notices under this section.