sec.145FPowers of occupier of entry etc.

sec.145F Powers of occupier of entry etc.

Subject to subsections (2) and (3) , an occupier of land, who believes on reasonable grounds that a grass fire (that is, a fire that predominantly consumes vegetation) burning within 1.6km of that land constitutes a fire risk to that land may, together with persons acting at the direction of the occupier— enter the land on which the fire is burning and any other land in order to gain access to the land on which the fire is burning; and take on to that land equipment for extinguishing or controlling the fire; and take all reasonable measures to extinguish or control the fire. An occupier of land must not do or direct the doing of any act referred to in subsection (1) if prior notice (oral or written) of the intention to light the fire has been given to the occupier by the person lighting it or by a prescribed person unless the occupier believes on reasonable grounds that the fire has been unlawfully lit or is out of control. If it is practicable to contact a prescribed person, an occupier of land— must not do or direct the doing of any act referred to in subsection (1) unless the prescribed person has been notified of the situation; and must comply with any direction given by the prescribed person in respect of the doing of any act. If the occupier of land, or an employee, agent or contractor of the occupier of land, is also a prescribed person, the references to a prescribed person in subsections (2) and (3) do not include the occupier of land, or an employee, agent or contractor of the occupier of land. In this section— prescribed person means a fire officer, an officer of a rural fire brigade, a fire coordinator, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959 ), a conservation officer within the meaning of the Nature Conservation Act 1992 or a police officer. s 145F (prev s 68) amd 1991 No. 51 s 3 .9; 1992 No. 20 s 159 sch 2 ; 2003 No. 91 s 175 sch 1 ; 2010 No. 12 s 16 reloc and renum 2024 No. 22 s 40 (2) (sec.145F-ssec.1) Subject to subsections (2) and (3) , an occupier of land, who believes on reasonable grounds that a grass fire (that is, a fire that predominantly consumes vegetation) burning within 1.6km of that land constitutes a fire risk to that land may, together with persons acting at the direction of the occupier— enter the land on which the fire is burning and any other land in order to gain access to the land on which the fire is burning; and take on to that land equipment for extinguishing or controlling the fire; and take all reasonable measures to extinguish or control the fire. (sec.145F-ssec.2) An occupier of land must not do or direct the doing of any act referred to in subsection (1) if prior notice (oral or written) of the intention to light the fire has been given to the occupier by the person lighting it or by a prescribed person unless the occupier believes on reasonable grounds that the fire has been unlawfully lit or is out of control. (sec.145F-ssec.3) If it is practicable to contact a prescribed person, an occupier of land— must not do or direct the doing of any act referred to in subsection (1) unless the prescribed person has been notified of the situation; and must comply with any direction given by the prescribed person in respect of the doing of any act. (sec.145F-ssec.4) If the occupier of land, or an employee, agent or contractor of the occupier of land, is also a prescribed person, the references to a prescribed person in subsections (2) and (3) do not include the occupier of land, or an employee, agent or contractor of the occupier of land. (sec.145F-ssec.5) In this section— prescribed person means a fire officer, an officer of a rural fire brigade, a fire coordinator, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959 ), a conservation officer within the meaning of the Nature Conservation Act 1992 or a police officer.