Fire Service Act 1979

A person who finds a fire burning within one and a half kilometres of any land of which he is the owner or occupier, being a fire – that is burning on a day declared to be a day of total fire ban in the part of the State where that land is situated and is not excluded from the ban; or that has been lit or is burning in contravention of this Act – may, subject to this section, enter onto the land on which the fire is burning, with such assistants and equipment, and do all such acts, as may reasonably be necessary for extinguishing the fire or preventing it from spreading.

A person shall not enter on land under the authority of subsection (1) on a day other than a day declared to be a day of total fire ban in the part of the State where the land is situated unless he first gives to the brigade chief of the brigade, the headquarters of which is situated nearest to that land, notice of his intention to do so, if it is reasonably practicable for that notice to be given.

On receipt of a notice under subsection (2), the brigade chief may give to the person proposing to enter the land such directions as the brigade chief considers desirable for the prevention of unnecessary damage and for properly extinguishing the fire or for preventing it from spreading, and that person shall comply in all respects with the directions so given.