Offences about property fire management plans within fire protection zone
70A Offences about property fire management plans within fire protection zone
A person commits an offence if:
(a) the person is the owner or occupier of land, within a fire protection zone, to which a fire management plan applies; and
the person intentionally engages in conduct; and
(c) the conduct results in contravention of the fire management plan and the person is reckless in relation to that result.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
Strict liability applies to subsection (1)(a).
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse.
A person commits an offence if:
(a) the person is the owner or occupier of land within a fire protection zone; and
(b) the person is given written notice under section 70(1)(c) requiring the person to prepare and submit to the executive director, by a date specified in the notice, a property fire management plan for the land; and
the person intentionally engages in conduct; and
(d) the conduct results in contravention of the written notice and the person is reckless in relation to that result.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
Strict liability applies to subsection (4)(a) and (b).
(6) It is a defence to a prosecution for an offence against subsection (4) if the defendant has a reasonable excuse.
This Act’s bill:Explanatory statementSecond reading speech
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