73Bush fire hazard reduction by Commissioner

#### 73 Bush fire hazard reduction by Commissioner 73 Bush fire hazard reduction by Commissioner > > (1) The Commissioner may carry out bush fire hazard reduction work on land— > > > > > (a) if the work has not been carried out on land by a public authority or owner or occupier of land when, or in the manner, required by a bush fire risk management plan, or > > > > > (b) if, in the opinion of the Commissioner, a public authority or owner or occupier of land has not properly performed a duty under section 63 to take notified steps, or any other practicable steps, that is imposed on the public authority or owner or occupier, or > > > > > (c) (Repealed) > > > > > (d) if the Commissioner serves a notice addressed (by the description of “Owner” or “Occupier”) to the owner or occupier of the land specifying— > > > > > > > (i) the circumstances in which, conditions under which and manner and time within which the bush fire hazard reduction work is to be carried out, and > > > > > > > (ii) any 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, > > > > > > and after reasonable inquiry conducted over a period of not less than 7 days, the Commissioner cannot ascertain the identity and location of the owner or occupier. > > > > Note. > > > > The bush fire hazard reduction work can be carried out by the Commissioner on land with the consent of the owner or occupier or following notice to the owner or occupier under section 66, if the identity and location of the owner or occupier is ascertained. > > > (2) Any costs incurred by the Commissioner in carrying out work under subsection (1)(a) or (b) (including costs incurred in obtaining the approval of any local or public authority under any other law to carry out the work) may be recovered from the responsible person or authority as a debt due to the Crown in a court of competent jurisdiction. > > > (3) Before carrying out any bush fire hazard reduction work under this section, the Commissioner must certify a bush fire hazard reduction certificate in respect of the work in accordance with section 100G. > > > (4) In this section— > > > > responsible person or authority means a public authority or owner or occupier of land referred to in subsection (1). > > **s 73:** Subst 2002 No 67, Sch 3 \[3\]. Am 2009 No 74, Sch 1 \[11\]; 2013 No 108, Sch 1 \[13\] \[14\]; 2020 No 37, Sch 1\[16\] \[17\].