QLDIn ForceAct
Forestry Act 1959
sec.65ARecovery of expenses incurred in extinguishing fires on State forests
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### sec.65A Recovery of expenses incurred in extinguishing fires on State forests
Subsection (2) applies if—
a person performing duties under this Act has, within the boundaries of a State forest, timber reserve or forest entitlement area (the relevant area ) extinguished or caused to be extinguished a fire burning within the relevant area; and
it is established that—
the fire originated on land other than the relevant area; and
the owner or occupier of the land on which the fire originated, or his or her agent or employee, was responsible for the lighting of the fire; and
the lighting of the fire was not authorised under the Fire Services Act 1990 , chapter 4A , part 1 .
A plantation operator or plantation officer is not a person performing duties under this Act for the purpose of this section. See section 18C .
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 the fire, including, for example—
salaries and wages of officers and employees; and
compensation for the use of plant, vehicles and equipment.
Subsection (2) does not limit the rights of the State, a plantation licensee or plantation sublicensee under any other provision of this Act or at law.
s 65A ins 2010 No. 12 s 53
amd 2014 No. 17 s 184 sch 1 pt 4 ; 2024 No. 22 s 92 sch 1
(sec.65A-ssec.1) Subsection (2) applies if— a person performing duties under this Act has, within the boundaries of a State forest, timber reserve or forest entitlement area (the relevant area ) extinguished or caused to be extinguished a fire burning within the relevant area; and it is established that— the fire originated on land other than the relevant area; and the owner or occupier of the land on which the fire originated, or his or her agent or employee, was responsible for the lighting of the fire; and the lighting of the fire was not authorised under the Fire Services Act 1990 , chapter 4A , part 1 . 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.65A-ssec.2) 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 the fire, including, for example— salaries and wages of officers and employees; and compensation for the use of plant, vehicles and equipment.
(sec.65A-ssec.3) Subsection (2) does not limit the rights of the State, a plantation licensee or plantation sublicensee under any other provision of this Act or at law.
- (a) a person performing duties under this Act has, within the boundaries of a State forest, timber reserve or forest entitlement area (the relevant area ) extinguished or caused to be extinguished a fire burning within the relevant area; and
- (b) it is established that— (i) the fire originated on land other than the relevant area; and (ii) the owner or occupier of the land on which the fire originated, or his or her agent or employee, was responsible for the lighting of the fire; and (iii) the lighting of the fire was not authorised under the Fire Services Act 1990 , chapter 4A , part 1 .
- (i) the fire originated on land other than the relevant area; and
- (ii) the owner or occupier of the land on which the fire originated, or his or her agent or employee, was responsible for the lighting of the fire; and
- (iii) the lighting of the fire was not authorised under the Fire Services Act 1990 , chapter 4A , part 1 .
- (i) the fire originated on land other than the relevant area; and
- (ii) the owner or occupier of the land on which the fire originated, or his or her agent or employee, was responsible for the lighting of the fire; and
- (iii) the lighting of the fire was not authorised under the Fire Services Act 1990 , chapter 4A , part 1 .
- (a) salaries and wages of officers and employees; and
- (b) compensation for the use of plant, vehicles and equipment.