Directions to leave—dangerous circumstances
84C Directions to leave—dangerous circumstances
This section applies to—
a forest officer in relation to a State forest or timber reserve, or a part of a State forest or timber reserve (a relevant area); or
a plantation officer in relation to a State forest, timber reserve or licence area or a part of a State forest, timber reserve or licence area (also a relevant area).
If the officer reasonably believes circumstances exist that are a danger to a person, or the person’s property, in a relevant area, the officer may direct the person—
to leave the relevant area; and
to remove the person’s property from the relevant area; and
not to return to the relevant area for a stated period.
Examples of when the officer might give a direction under subsection (2)—
• trees are being harvested in the State forest or timber reserve
• a cyclone is seriously threatening the State forest or timber reserve
• a fire has been lit in the State forest or timber reserve for management purposes
If the officer reasonably believes the presence of a person in the relevant area may interfere with an emergency or rescue activity, the officer may direct the person—
to leave the relevant area; and
to remove the person’s property from the relevant area; and
not to return to the relevant area for a stated period.
Examples of when the officer might give a direction under subsection (3)—
• a serious vehicle, aircraft or boating accident has happened in the relevant area
• a wildfire is being fought in the relevant area
A person given a direction under this section must, unless the person has a reasonable excuse, comply with the direction—
immediately after the direction is given; or
if the direction includes a time within which the person must comply, within that time.
Maximum penalty for subsection (4)—80 penalty units.
If the person does not comply with the direction, the officer may take reasonable steps to ensure the person complies with the direction, including by—
using reasonable force; and
moving the person’s property to another place.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.