sec.65BRecovery of expenses incurred in extinguishing fires on State forests within licence areas

### sec.65B Recovery of expenses incurred in extinguishing fires on State forests within licence areas Subsection (2) applies if— a plantation licensee has, within a licence area, extinguished or caused to be extinguished a fire burning within the licence area; and it is established that— the fire originated on land, other than a State forest, timber reserve or forest entitlement area, outside the licence 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 . The plantation licensee 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 the plantation licensee 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 or plantation licensee under any other provision of this Act or at law. In this section— owner or occupier does not include the State. plantation licensee includes plantation sublicensee. s 65B ins 2010 No. 12 s 53 amd 2014 No. 17 s 184 sch 1 pt 4 ; 2024 No. 22 s 92 sch 1 (sec.65B-ssec.1) Subsection (2) applies if— a plantation licensee has, within a licence area, extinguished or caused to be extinguished a fire burning within the licence area; and it is established that— the fire originated on land, other than a State forest, timber reserve or forest entitlement area, outside the licence 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 . (sec.65B-ssec.2) The plantation licensee 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 the plantation licensee 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.65B-ssec.3) Subsection (2) does not limit the rights of the State or plantation licensee under any other provision of this Act or at law. (sec.65B-ssec.4) In this section— owner or occupier does not include the State. plantation licensee includes plantation sublicensee. - (a) a plantation licensee has, within a licence area, extinguished or caused to be extinguished a fire burning within the licence area; and - (b) it is established that— (i) the fire originated on land, other than a State forest, timber reserve or forest entitlement area, outside the licence 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 a State forest, timber reserve or forest entitlement area, outside the licence 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 a State forest, timber reserve or forest entitlement area, outside the licence 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.