62MAgreements for fire trails on private land

#### 62M Agreements for fire trails on private land 62M Agreements for fire trails on private land > > (1) This section applies to private land. > > > (2) The Commissioner may enter into negotiations with the owner of private land for an agreement between the Commissioner and the owner in writing that a fire trail be established on the land for the purposes of this Part. The agreement must provide particulars of the fire trail including its location. > > > (3) The agreement may apply to a new fire trail or an existing fire trail (or part of an existing fire trail) or both. > > > (4) The agreement must— > > > > > (a) be in a form approved by the Commissioner, and > > > > > (b) state that the agreement is for the purposes of this Part, and > > > > > (c) acknowledge the consent of the owner to the designation and registration of the fire trail under this Part. > > > (5) The Service Standards may provide for the procedures in respect of negotiations referred to in this section, including information to be provided to the owner of land. > > > (6) The Commissioner may enter into any such agreements. > > > (7) An agreement for the establishment of a fire trail operates to establish the fire trail as a designated fire trail (even if the fire trail is not yet wholly or partly created). > > > > Note. > > > > If an existing fire trail is the subject of an existing agreement for a fire trail on private land, section 62N enables certification of the existing fire trail without the need for an agreement under this section. > > > (8) A designated fire trail ceases to be so designated when it is registered as a fire trail or if the Commissioner and the owner of the land concerned agree to withdraw from the agreement before the fire trail is registered. > > > (9) An agreement must not be entered into with the owner of private land if— > > > > > (a) the occupier of the land on which the fire trail the subject of the proposed agreement is situated is not the owner of the land, and > > > > > (b) the occupier has not consented, in writing, to the agreement. > > **pt 3B, divs 1–8 (ss 62I–62ZQ):** Ins 2016 No 41, Sch 1 \[5\].