sec.65Control of fires on lands adjoining State forest etc.

### sec.65 Control of fires on lands adjoining State forest etc. If a person performing duties under this Act discovers any fire burning within 3km of any State forest, timber reserve or forest entitlement area, and the person is of the opinion that such fire is likely to spread to and cause damage to the State forest, timber reserve or forest entitlement area, the person may (with such assistants, plant, vehicles, animals and equipment as are necessary for the purpose) enter upon the land on which such fire is burning and perform any acts necessary to control and extinguish the fire. A plantation operator or plantation officer is not a person performing duties under this Act for the purpose of this section. See section 18C . No liability shall attach to the chief executive or any person performing duties under this Act in respect of any loss or damage to property occasioned by any person as aforesaid in the exercise in good faith of the person’s powers, pursuant to this section, in connection with any fire but any damage shall be deemed to be damage by a fire within the meaning of any policy of insurance against fire covering the damaged property and every such policy of insurance whether issued before or after the commencement of this Act shall notwithstanding anything therein contained be read and construed accordingly. Where it is established that the owner or occupier of the land on which the fire originated, or the owner’s or occupier’s agent or employee, was responsible for the lighting of such fire and its lighting was not authorised under the Fire Services Act 1990 , chapter 4A , part 1 , then the State may recover from the owner or occupier of the land on which the fire originated, in any court of competent jurisdiction, all reasonable expenses incurred by a person performing duties under this Act in controlling and extinguishing such fire (including, but without limiting the generality hereof, salaries and wages of officers and employees and compensation for the use of plant, vehicles and equipment). The provisions of subsection (2) shall be in addition to and not in diminution of or substitution for the provisions of any other enactment of this Act. For the purpose of the exercise and performance by a forest officer or person performing duties under this Act of the powers, functions and authorities conferred upon the forest officer or person by this section, such forest officer or person shall be deemed to be the first officer of a rural fire brigade under and within the meaning of the Fire Services Act 1990 and shall have and may exercise all the powers, functions and authorities conferred upon the said first officer by the said Act. s 65 amd 1964 No. 15 s 15 ; 1968 No. 33 s 29 ; 1972 No. 31 s 6 sch 1 ; 1973 No. 41 s 24 (b) ; 1974 No. 33 s 15 ; 1982 No. 73 s 49 ; 1990 No. 10 s 4 sch 2 ; 1990 No. 88 s 3 sch ; 1992 No. 15 s 13 sch ; 2000 No. 26 s 12 sch 1 ; 2001 No. 57 s 3 sch ; 2005 No. 53 s 159 sch ; 2010 No. 12 s 52 ; 2014 No. 17 s 184 sch 1 pts 2 , 4 ; 2024 No. 22 s 92 sch 1 (sec.65-ssec.1) If a person performing duties under this Act discovers any fire burning within 3km of any State forest, timber reserve or forest entitlement area, and the person is of the opinion that such fire is likely to spread to and cause damage to the State forest, timber reserve or forest entitlement area, the person may (with such assistants, plant, vehicles, animals and equipment as are necessary for the purpose) enter upon the land on which such fire is burning and perform any acts necessary to control and extinguish the fire. A plantation operator or plantation officer is not a person performing duties under this Act for the purpose of this section. See section 18C . (sec.65-ssec.1A) No liability shall attach to the chief executive or any person performing duties under this Act in respect of any loss or damage to property occasioned by any person as aforesaid in the exercise in good faith of the person’s powers, pursuant to this section, in connection with any fire but any damage shall be deemed to be damage by a fire within the meaning of any policy of insurance against fire covering the damaged property and every such policy of insurance whether issued before or after the commencement of this Act shall notwithstanding anything therein contained be read and construed accordingly. (sec.65-ssec.2) Where it is established that the owner or occupier of the land on which the fire originated, or the owner’s or occupier’s agent or employee, was responsible for the lighting of such fire and its lighting was not authorised under the Fire Services Act 1990 , chapter 4A , part 1 , then the State may recover from the owner or occupier of the land on which the fire originated, in any court of competent jurisdiction, all reasonable expenses incurred by a person performing duties under this Act in controlling and extinguishing such fire (including, but without limiting the generality hereof, salaries and wages of officers and employees and compensation for the use of plant, vehicles and equipment). (sec.65-ssec.3) The provisions of subsection (2) shall be in addition to and not in diminution of or substitution for the provisions of any other enactment of this Act. (sec.65-ssec.4) For the purpose of the exercise and performance by a forest officer or person performing duties under this Act of the powers, functions and authorities conferred upon the forest officer or person by this section, such forest officer or person shall be deemed to be the first officer of a rural fire brigade under and within the meaning of the Fire Services Act 1990 and shall have and may exercise all the powers, functions and authorities conferred upon the said first officer by the said Act.