sec.61TWPowers of forest officers and plantation officers in relation to hazardous fire

### sec.61TW Powers of forest officers and plantation officers in relation to hazardous fire This section applies if— a forest officer reasonably believes a fire in a State forest, timber reserve or forest entitlement area is hazardous; or a plantation officer reasonably believes a fire in a licence area is hazardous. a prevailing strong wind appears likely to carry embers away from the fire A fire is hazardous if the fire— is, or may become, a hazard to any area, person or property; or is not authorised under this Act. The officer may— put out the fire; or direct a person who appears to the officer to be in charge of the fire— to put out the fire, and not light another fire; or to reduce the intensity of the fire. A person given a direction under this section must, unless the person has a reasonable excuse, comply with the direction— immediately after the direction is given; or if the direction includes a time within which the person must comply, within that time. Maximum penalty—165 penalty units. s 61TW prev s 61TW (prev s 61Q) ins 2006 No. 16 s 68 sch 1 renum 2010 No. 12 s 47 om 2010 No. 12 s 44 pres s 61TW ins 2014 No. 41 s 25 (sec.61TW-ssec.1) This section applies if— a forest officer reasonably believes a fire in a State forest, timber reserve or forest entitlement area is hazardous; or a plantation officer reasonably believes a fire in a licence area is hazardous. a prevailing strong wind appears likely to carry embers away from the fire (sec.61TW-ssec.2) A fire is hazardous if the fire— is, or may become, a hazard to any area, person or property; or is not authorised under this Act. (sec.61TW-ssec.3) The officer may— put out the fire; or direct a person who appears to the officer to be in charge of the fire— to put out the fire, and not light another fire; or to reduce the intensity of the fire. (sec.61TW-ssec.4) A person given a direction under this section must, unless the person has a reasonable excuse, comply with the direction— immediately after the direction is given; or if the direction includes a time within which the person must comply, within that time. Maximum penalty—165 penalty units. - (a) a forest officer reasonably believes a fire in a State forest, timber reserve or forest entitlement area is hazardous; or - (b) a plantation officer reasonably believes a fire in a licence area is hazardous. Example of basis for reasonable belief— a prevailing strong wind appears likely to carry embers away from the fire - (a) is, or may become, a hazard to any area, person or property; or - (b) is not authorised under this Act. - (a) put out the fire; or - (b) direct a person who appears to the officer to be in charge of the fire— (i) to put out the fire, and not light another fire; or (ii) to reduce the intensity of the fire. - (i) to put out the fire, and not light another fire; or - (ii) to reduce the intensity of the fire. - (i) to put out the fire, and not light another fire; or - (ii) to reduce the intensity of the fire. - (a) immediately after the direction is given; or - (b) if the direction includes a time within which the person must comply, within that time.