Power of occupier to enter land etc.
34 Power of occupier to enter land etc.
(1) Subject to subsections (2) and (3), an occupier of land in an emergency response area who believes on reasonable grounds that a grass or bush fire which is burning on land within 1 kilometre of his or her land constitutes a fire risk to his or her land may, together with persons acting on his or her direction, exercise any of the following powers:
(a) enter the land on which the fire is burning and any other land in order to gain access to the land in which the fire is burning;
(b) take on to any of the land referred to in paragraph (a) a vehicle or equipment for extinguishing or controlling the fire;
take all reasonable measures to extinguish or control the fire.
(2) An occupier of land must not do or direct the doing of an act referred to in subsection (1) if notice, either orally or written, of the intention to light the fire has been given to the occupier by the person lighting it or by a member or a police officer unless the occupier believes on reasonable grounds that the fire has been unlawfully lit or is out of control.
(3) If it is practicable to contact a member or a police officer, an occupier of land:
(a) must not do or direct the doing of any act referred to in subsection (1) unless a member or a police officer has been notified of the situation; and
(b) must comply with any direction given by the member or the police officer in respect of the doing of any act.
This Act’s bill:Second reading speech
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