sec.145GRequisition by commissioner to reduce fire risk

sec.145G Requisition by commissioner to reduce fire risk

The commissioner may require any occupier of premises to take measures for the purpose of reducing the risk of a fire occurring on the premises or reducing potential danger to persons, property or the environment in the event of a fire occurring on the premises. A requisition may be given— in a particular case—by giving a notice to the occupier concerned; or by notification published in the gazette in which case each occupier of land to whom the notification applies must comply with the requisition. A person to whom a requisition is given must comply with the requisition. Maximum penalty—50 penalty units or 6 months imprisonment. This provision is an executive liability provision—see section 150J . Without limiting the measures that may be required to be taken, an occupier may be required to do any of the following— make and maintain firebreaks in accordance with any directions contained in the notification or notice; remove, dispose of or otherwise deal with any vegetation or other flammable material in accordance with any directions contained in the notification or notice; obtain equipment and keep it available for use for fire fighting purposes; take measures to ensure an adequate supply of water or any other substance for fire fighting purposes; ensure that the means of escape from the premises in the event of fire can be safely and effectively used at all material times; suspend such operations as may be specified for the period specified. A notice under subsection (2) (a) must comply with the QCAT Act , section 157 (2) . Where an occupier of premises fails to comply with a notification or notice an authorised fire officer and any assistant may enter the premises and take any of the measures directed by the notification or notice to be taken and any expenses incurred in taking those measures may be recovered by the commissioner in a court of competent jurisdiction from the occupier. An authorised fire officer or an assistant who takes the measure of removing vegetation or other flammable material from premises, may take possession of and retain the material until it is disposed of pursuant to subsection (8) or until the person entitled to possession of it is determined. Where the commissioner is satisfied that anything retained pursuant to subsection (7) is the property of the occupier who failed to comply with the notification or notice the commissioner may sell or otherwise dispose of the material and the proceeds of the disposal may be applied by the commissioner in payment of expenses incurred in consequence of the failure to comply. Where the proceeds of the disposal of any material— are insufficient to cover the expenses incurred—the amount of the expenses that may be recovered under subsection (6) must be reduced by the amount of those proceeds; exceed the expenses incurred—the proceeds of the disposal must be applied in the following order— if there is an amount owing to an entity under a security interest registered against the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; in payment of any balance to the person whose property the commissioner believes the material to have been. s 145G (prev s 69) amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 ; 2001 No. 76 ss 24 , 11 sch 2 ; 2006 No. 49 s 15 ; 2009 No. 24 s 103 ; 2010 No. 44 s 70 ; 2013 No. 51 s 229 sch 1 ; 2014 No. 17 s 184 sch 1 pt 4 ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 40 (2) (sec.145G-ssec.1) The commissioner may require any occupier of premises to take measures for the purpose of reducing the risk of a fire occurring on the premises or reducing potential danger to persons, property or the environment in the event of a fire occurring on the premises. (sec.145G-ssec.2) A requisition may be given— in a particular case—by giving a notice to the occupier concerned; or by notification published in the gazette in which case each occupier of land to whom the notification applies must comply with the requisition. (sec.145G-ssec.3) A person to whom a requisition is given must comply with the requisition. Maximum penalty—50 penalty units or 6 months imprisonment. This provision is an executive liability provision—see section 150J . (sec.145G-ssec.4) Without limiting the measures that may be required to be taken, an occupier may be required to do any of the following— make and maintain firebreaks in accordance with any directions contained in the notification or notice; remove, dispose of or otherwise deal with any vegetation or other flammable material in accordance with any directions contained in the notification or notice; obtain equipment and keep it available for use for fire fighting purposes; take measures to ensure an adequate supply of water or any other substance for fire fighting purposes; ensure that the means of escape from the premises in the event of fire can be safely and effectively used at all material times; suspend such operations as may be specified for the period specified. (sec.145G-ssec.5) A notice under subsection (2) (a) must comply with the QCAT Act , section 157 (2) . (sec.145G-ssec.6) Where an occupier of premises fails to comply with a notification or notice an authorised fire officer and any assistant may enter the premises and take any of the measures directed by the notification or notice to be taken and any expenses incurred in taking those measures may be recovered by the commissioner in a court of competent jurisdiction from the occupier. (sec.145G-ssec.7) An authorised fire officer or an assistant who takes the measure of removing vegetation or other flammable material from premises, may take possession of and retain the material until it is disposed of pursuant to subsection (8) or until the person entitled to possession of it is determined. (sec.145G-ssec.8) Where the commissioner is satisfied that anything retained pursuant to subsection (7) is the property of the occupier who failed to comply with the notification or notice the commissioner may sell or otherwise dispose of the material and the proceeds of the disposal may be applied by the commissioner in payment of expenses incurred in consequence of the failure to comply. (sec.145G-ssec.9) Where the proceeds of the disposal of any material— are insufficient to cover the expenses incurred—the amount of the expenses that may be recovered under subsection (6) must be reduced by the amount of those proceeds; exceed the expenses incurred—the proceeds of the disposal must be applied in the following order— if there is an amount owing to an entity under a security interest registered against the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; in payment of any balance to the person whose property the commissioner believes the material to have been.