Appeal against notices
90 Appeal against notices
S. 90(1) amended by Nos 24/1997 s. 56, 20/2019 s. 140(1).
If a person has lodged an objection under section 89 and—
the fire prevention officer has failed to confirm, vary or withdraw the notice within 14 days; or
the person is not satisfied with the confirmation or variation of the notice—
the person may appeal in writing to Fire Rescue Victoria within 7 days of the end of that 14 day period or the date of the confirmation or variation, whichever is earlier, stating the grounds of appeal.
S. 90(2) amended by Nos 24/1997 s. 56, 20/2019 s. 140(2).
Fire Rescue Victoria—
must consider the appeal within a reasonable time; and
must take into account all relevant circumstances, including the proper needs of conservation and alternative means of addressing the threat of fire.
S. 90(3) amended by Nos 24/1997 s. 56, 20/2019 s. 140(1).
After considering the appeal, Fire Rescue Victoria must—
confirm the notice; or
S. 90(3)(b) amended by Nos 24/1997 s. 56, 20/2019 s. 140(1).
vary the notice in any way Fire Rescue Victoria thinks fit; or
cancel the notice.
S. 90(4) amended by Nos 24/1997 s. 56, 20/2019 s. 140(1)(3).
If Fire Rescue Victoria confirms or varies the notice Fire Rescue Victoria must specify a new time within which the person must comply with the notice.
In sections 91 and 92, fire prevention notice includes a fire prevention notice as confirmed or varied in accordance with this section.
S. 91 inserted by No. 2/1995 s. 18, amended by No. 5/2012 s. 97.
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