65Enforcement of burning off etc. near State forest or national park

65 Enforcement of burning off etc. near State forest or national park

S. 65(1) amended by No. 6870 s. 2(a), S.R. No. 258/1974 reg. 10(a), Nos 8587 s. 8, 41/1987 s. 103(Sch. 4 item 24.71).

(1) Any authorised officer if he deems it necessary so to do for the prevention of fire may in writing direct any owner or occupier or person or body of persons having the control or management of any land within 1⋅5 kilometres of the boundary of any State forest protected public land or national park—

S. 65(1)(a) substituted by No. 8035 s. 7(a).

(a) to remove, destroy by burning or abate in any manner directed, a fire hazard on such land;

S. 65(1)(b) amended by S.R. No. 258/1974 reg. 10(b), Nos 41/1987 s. 103(Sch. 4 item 24.70), 96/1994 s. 56(f), 76/1998

(b) where the Secretary within the State forest or protected public land or national park and adjoining any such land has carried out or is carrying out any work for fire prevention or control—to carry out on such land adjoining and within 50 metres of the boundary of the State forest protected public land or national park similar work for fire prevention or control as directed by the authorised officer.

S. 65(2) amended by Nos 8035 s. 7(b), 41/1987 s. 103(Sch. 4 item 24.70), 76/1998

(2) The Secretary may aid and co-operate with any such owner occupier person or body in carrying out any such removal destruction abatement or work where the Secretary deems it necessary and desirable so to do.

(3) If any such owner occupier person or body fails or neglects to comply with any direction under this section—

(a) such owner occupier or person or the members of such body shall be guilty of an offence against this Act; and

S. 65(3)(b) amended by Nos 8035 s. 7(b), 41/1987 s. 103(Sch. 4 item 24.70), 76/1998

(b) the Secretary may cause to be carried out the removal destruction abatement or work directed to be carried out.

S. 65(4) amended by Nos 8035 s. 7(b), 41/1987 s. 103(Sch. 4 item 24.70), 76/1998

(4) Where any such land is unoccupied and the owner thereof is unknown or cannot be promptly found the Secretary may cause to be carried out the removal destruction abatement or work directed to be carried out.

S. 65(5) amended by Nos 8035 s. 7(b), 41/1987 s. 103(Sch. 4 item 24.70), 76/1998

(5) Where the Secretary causes any removal destruction abatement or work to be carried out pursuant to this section—

S. 65(5)(a) amended by Nos 41/1987 s. 103(Sch. 4 item 24.70), 76/1998

(a) the Secretary may recover the costs thereof in any court of competent jurisdiction from any owner or occupier of such land;