Australian Capital Territory Consolidated Acts

EMERGENCIES ACT 2004 - SECT 109

    (1)     This section applies if an inspector believes, on reasonable grounds, that a person is in breach of—

        (a)     section 120 (Fire prevention—obligations of rural land owners or managers ); or

        (b)     a bushfire management requirement, or bushfire operational plan, under the strategic bushfire management plan.

    (2)     The inspector may direct the person, in writing, to comply with section 120, the bushfire management requirement or the bushfire operational plan.

    (3)     In deciding whether to give the direction, the inspector must consider—

        (a)     the amount and kind of litter, timber or vegetation on the land (whether alive or dead) ; and

        (b)     the amount and kind of other flammable materials on the land; and

        (c)     climatic conditions affecting the land; and

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

        (e)     the possible effect of any fire on the land and nearby land.

    (4)     The inspector may also consider any other relevant matter.

    (5)     The direction must state—

        (a)     a period within which the direction must be complied with ; and

        (b)     the penalty for failure to comply with the direction.

    (6)     Unless the direction is given on a day or during a period when a total fire ban is in force, the period for compliance must be at least 14 days after the day the direction is given to the person .