Requirement to establish firebreaks
68 Requirement to establish firebreaks
(1) The owner or occupier of land within a fire protection zone commits an offence if there is not a prescribed firebreak:
around the perimeter of the land; or
in another approved position on, or close to, the land.
Maximum penalty: 20 penalty units and 2 penalty units for each day during which the offence continues.
(2) The owner or occupier of land within a fire protection zone commits an offence if:
there is on the land:
a house or other permanent structure; or
a stationary engine; or
flammable material; and
(b) there is not a prescribed firebreak around the thing mentioned in paragraph (a).
Maximum penalty: 20 penalty units and 2 penalty units for each day during which the offence continues.
(3) An offence against subsection (1) or (2) is an offence of strict liability.
(4) It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant has a reasonable excuse.
(5) This section does not affect the requirement to obtain a permit for the lighting of a fire in order to create a firebreak by burning.
In this section:
approved position means a position approved in writing by the executive director at the request of the owner or occupier.
prescribed firebreak means a firebreak that:
is no less than 4 m wide; and
(b) is created by burning, grading, scraping, ploughing, mowing, slashing, spraying or grazing; and
(c) does not have any vegetation on it that is more than 50 mm high; and
does not have any slash or dead material lying on it.
This Act’s bill:Explanatory statementSecond reading speech
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