Australian Capital Territory Numbered Acts

FIRE BRIGADE (AMENDMENT) ACT 1994 (NO. 109 OF 1994) - SECT 8

8. After section 12B of the Principal Act the following sections are inserted:

“12C. (1) Where the Chief Officer believes on reasonable grounds that flammable matter is so kept on particular premises in a built-up area as to cause, directly or indirectly, a danger to life or property in the event of fire, he or she may direct the owner of the premises to take specified action to eliminate the danger.

“(2) In the exercise of the power under subsection (1), the matters to which the Chief Officer is to have regard include the following:

        (a)     the amount and type of any litter, timber or vegetation on the premises;

        (b)     the amount and type of other flammable matter on the premises;

        (c)     the prevailing and projected weather conditions;

        (d)     the nature, location and use of the premises and nearby premises;

        (e)     the possible effect of any fire on the premises and nearby premises;

        (f)     the availability of fire-fighting facilities;

        (g)     the action that the Chief Officer believes on reasonable grounds is necessary and reasonable to eliminate the danger;

        (h)     the period within which the Chief Officer believes it is necessary and reasonable for the action to be taken.

“(3) A direction—

        (a)     shall be given in writing;

        (b)     shall specify the action which the owner is to take to eliminate the danger;

        (c)     shall specify the period within which the action is to be taken;

        (d)     shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989 ;

        (e)     shall indicate that, if the owner fails to comply with the direction, the Chief Officer may arrange for the elimination of the danger at the owner's expense; and

        (f)     if it requires the burning of matter—shall indicate that the burning must take place in accordance with the Air Pollution Act 1984 .

“(4) The period referred to in paragraph (3) (c) shall not be less than 14 days commencing on the day on which the direction is given, except where it is given on a day or during a period in respect of which a warning about the spread of fires has been given under section 7A of the Bushfire Act 1936 .

“(5) A direction shall not be inconsistent with the Air Pollution Act 1984 .

“12D. (1) Where the Chief Officer believes on reasonable grounds that a person has contravened a direction under subsection 12C (1), the Chief Officer may—

        (a)     enter the premises with such force and assistance as is necessary and reasonable; and

        (b)     arrange for such action to be taken as is necessary and reasonable to eliminate the danger.

“(2) At least 24 hours before the Chief Officer proposes to enter premises under subsection (1), he or she shall give written notice to the owner and occupier stating the time and purpose of entry.

“(3) Where the Chief Officer enters premises in accordance with subsection (1), he or she is not authorised to remain on those premises if, on the request of the occupier, the Chief Officer does not show his or her identity card to the occupier.

“(4) The amount of any expenses necessarily and reasonably incurred by or on behalf of the Territory in respect of action taken in accordance with paragraph (1) (b) is a debt due to the Territory by the owner of the premises.

“(5) If there are 2 or more owners of the premises, their liability for the debt is joint and several.

“12E. Application may be made to the Administrative Appeals Tribunal for review of a decision by the Chief Officer, or a person authorised in writing by the Chief Officer, to give a direction under subsection 12C (1).

“12F. (1) In this section—