Fire Service Act 1979

In this section responsible fire officer means – in any case – the Chief Officer; or an officer of the Fire Service; or in the case of a fire protected area – an authorized national parks officer within the meaning of section 45 or a forest officer.

Where, in the opinion of a responsible fire officer, a fire constitutes, or, if it is not promptly extinguished or controlled, is likely to constitute, a fire danger, he may order the occupier of any land on which the fire is burning or from which it has spread, to take, or assist in the taking of, such steps as are specified in the order to extinguish or control the fire.

An order under subsection (2) is sufficient authority for the person to whom it is addressed to take, or assist in taking, as required by the order, the steps specified in the order and, for that purpose, to enter onto any land of which he is not the occupier, except that he is not entitled by virtue of the order to enter on, or do anything on, any land contrary to the express directions given to him by the occupier of that land.

A person who fails to comply with an order given him under subsection (2) is guilty of an offence against this Act.

In any prosecution relating to a charge for an offence under subsection (4), the defendant has a defence to that charge if he satisfies the court – that the failure to comply with an order given to him under subsection (2) arose from the directions given to him by the occupier of the land that he had to enter in order to comply with the order; or that he took all reasonable steps to comply with the order or that it was reasonable in all the circumstances that he did not comply with the order.

Where a person is convicted of the offence of failing to comply with an order given under subsection (2) to extinguish or control a fire burning on any land and services were rendered by a brigade at that fire, the court which convicted the person may, in addition to imposing a penalty in respect of that offence, order that person to pay an amount being a charge for the services rendered by the brigade at that fire determined in accordance with the scale of charges fixed by the Commission under section 109(1).