Bushfires Management Act 2016

This Act may be cited as the Bushfires Management Act 2016.

This Act commences on the day fixed by the Administrator by Gazette notice.

In this Act:

acting in an official capacity, in relation to a fire control officer, fire warden or authorised bushfire volunteer, means the officer, warden or volunteer is exercising powers or performing functions under, or otherwise related to the administration of, this Act.

approved form means a form approved under section 105.

area fire management plan means a plan prepared under section 83(1).

authorised bushfire volunteer means an authorised bushfire volunteer appointed under section 51.

bush includes trees, shrubs, plants, scrub, stubble, grass and undergrowth, whether alive or not and whether standing or not.

Bushfires NT means the unit of the Agency known by that name.

chief fire control officer means the chief fire control officer appointed under section 16.

control, in relation to a fire, includes extinguish.

Council means the Bushfires Council established by section 21.

executive director means the public sector employee holding or occupying the position of executive director of Bushfires NT.

fire ban area, see section 66.

fire ban period means a fire ban period declared under section 65.

firebreak means an area clear of bush and other flammable material.

firebreak notice, see section 93(1).

fire control officer means a fire control officer appointed under section 18.

fire danger area, see section 63.

fire danger period means a fire danger period declared under section 62.

fire management area means a fire management area declared under section 60(a).

fire management zone means a fire management zone declared under section 58.

fire protection zone means a fire protection zone declared under section 56.

fire warden means a fire warden appointed under section 43.

flammable material includes:

flammable material notice, see section 93(2).

in the open air means any place other than in a permanent structure.

land includes land covered with water.

light a fire, see section 4.

occupier, in relation to land, means a person in charge or control of the land and, in relation to land in respect of which a licence is held under the Crown Lands Act 1992 (other than under section 91 of that Act), includes the holder of the licence.

owner, in relation to land, means the person in actual receipt of, or entitled to receive, the rents and profits of the land or who, if the land was let, would be entitled to receive the rents and profits including as beneficiary, trustee, executor or mortgagee in possession or as agent or attorney for another person.

permanent structure means a structure of a permanent kind consisting of a roof and fully or partly enclosed sides including a caravan but not including a tent.

permit means a permit issued under section 46.

property fire management plan means a plan prepared under section 70.

public notice, see section 5.

regional bushfire management plan means a plan endorsed under section 78(3).

regional committee means a regional bushfires committee established by section 32.

senior fire control officer means a senior fire control officer appointed under section 17.

small fire means a fire lit for the purpose of:

statutory charge, see section 4 of the Land Title Act 2000.

vehicle includes:

volunteer bushfire brigade means a volunteer bushfire brigade established under section 54(1).

Note for section 3

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

For this Act, a person is taken to light a fire if the person:

(b) aids, counsels or procures another person to light, maintain or use the fire; or

(e) as the owner or occupier of the land on which the fire is lit – permits another person to light, maintain or use the fire.

For this Act, a person gives public notice of a matter by publishing notice of the matter:

(a) in a newspaper circulating in the Territory or in the part of the Territory to which the matter relates; or

(b) on a radio or television station broadcasting in the Territory or in the part of the Territory to which the matter relates; or

(c) on roadside message boards in the Territory or in the part of the Territory to which the matter relates; or

(e) in any other manner as the executive director considers appropriate.

This Act does not apply to an area declared to be an emergency response area under section 4 of the Fire and Emergency Act 1996.

This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.

Part IIAA of the Criminal Code applies to an offence against this

Act.

Note for section 8

Part IIAA of the Criminal

Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

The Minister may acquire, by purchase or otherwise, and maintain any vehicle or equipment that the Minister considers necessary for preventing or controlling bushfires.

The Minister may provide to the owner or occupier of any land any financial or other assistance, on any terms that the Minister considers appropriate, to assist that owner or occupier in preventing and controlling bushfires on their land.

The Minister may delegate any of the Minister's powers and functions under this Act to a person.