56Bush fire hazard reduction notices

56 Bush fire hazard reduction notices

(1) A hazard management officer may, by notice in writing served on the owner or occupier of land (other than a public authority), require the owner or occupier to carry out bush fire hazard reduction work specified in the notice on the land. (2) A hazard management officer must serve a bush fire hazard reduction notice under this section if required to do so by the bush fire risk management plan. (3) A bush fire hazard reduction notice served under this section may specify any or all of the following matters: (a) the circumstances in which the bush fire hazard reduction work is to be carried out; (b) the conditions under which the bush fire hazard reduction work is to be carried out; (c) the means by which the bush fire hazard reduction work is to be carried out and alternative means, other than fire, by which the work should, if practicable, be carried out. (4) The bush fire hazard reduction notice may specify a day by which the work must be carried out, but the day must not be less than 7 days after the day the notice is served. (5) The bush fire hazard reduction notice must include any requirements or conditions specified in the bush fire risk management plan that are applicable to the land. (6) The bush fire hazard reduction notice may include a requirement or condition that the burning of fire breaks or of combustible matter or other material must be carried out by, or under the supervision of, a member of a rural fire brigade specified in the notice. (7) If the bush fire hazard reduction notice requires the establishment of a fire break, the notice cannot require an occupier or owner to kill or remove any trees that are reasonably necessary for: (a) shade, shelter, windbreak or fodder; or (b) the protection of threatened species, populations, ecological communities or critical habitats within the meaning of the Environment Protection and Biodiversity Conservation Act 1999. (8) A person commits an offence if: (a) the person is the occupier or owner of land; and (b) the person has been served with a bush fire hazard reduction notice in relation to the land; and (c) the notice is in effect; and (d) the person fails to comply with the notice.

Penalty: Imprisonment for 10 months, or 50 penalty units, or both.

(9) It is a defence to a prosecution under subsection (8) that: (a) the person is the owner of the land; and (b) the person is not also the occupier of the land; and (c) the person had no legal right, as between the person and the occupier of the land, to enter the land and comply with the requirements of the bush fire hazard reduction notice. (10) If the bush fire hazard reduction notice is the subject of an objection under section 57, the notice does not have effect until the objection is finally determined.