Rural Fires Regulation 2022

For the purposes of the Act, section 130, a notice or direction required by or under the Act to be served on a person may be served as follows, unless otherwise provided by the Act or this Regulation—

by delivering the notice to the person personally,

by delivering the notice at or on the premises at which the person to be served lives or carries on business and leaving the notice with a person apparently over the age of 14 years resident or employed at the premises,

by posting the notice by prepaid letter addressed to the last known place of residence or business or post office box of the person to be served,

by facsimile transmission to a number specified by the person as a number to which facsimile transmissions to that person may be sent,

by email to an email address specified by the person as an address to which emails to that person may be sent,

by fixing the notice on a conspicuous part of the land, building or premises owned or occupied by the person,

for an offence involving a vehicle—by attaching the notice to the vehicle,

if the person to be served maintains a box at a document exchange established in New South Wales—by depositing the notice in the box or leaving the notice at another exchange for transmission to the first mentioned exchange for deposit in the box,

where the person to be served is, or after inquiry appears to be, absent from New South Wales—by serving the notice or direction on the agent of the person by the means prescribed by subsection (1)(a), (b), (d) or (e),

if the land, building or premises are unoccupied and the owner or the owner’s address or place of residence is not known to the person seeking to serve the notice—by publishing the notice in a way, for example, on a publicly accessible website, that is appropriate to cause the notice to come to the attention of persons in the area in which the land, building or premises is located.

If a notice is served under subsection (1)(h), service of the notice is, unless proven otherwise, taken to be effected 2 days after the day on which the notice is deposited in the box or left at the exchange.

The notice may be addressed to the “occupier” or “owner” of the land, building or premises to which the notice relates without naming or otherwise identifying the occupier or owner, provided the land, building or premises is sufficiently described or identified.

If a notice has been served by a means prescribed by this section, all inquiries required under this section are taken to have been made and the service is conclusive evidence of the inquiries having been made.