17. Forest areas---(1) Subject to this Act, the Fire Authority for the
district in which any area of continuous forest land is wholly or
principally situate may, on application by any eligible landholder in
respect of that land, declare it to be a forest area for the purposes of
this Act, on such conditions, including any appropriate provision for a
fire safety margin, as may be prescribed by this Act or by the Fire
Authority.
(2) Every Fire Authority shall keep in the prescribed form a Forest
Area Register in which are registered all forest areas declared by that
Fire Authority, including particulars of any prescribed fire safety
margin and of any conditions imposed by the Fire Authority.
(3) Before declaring any land to be a forest area the Fire Authority
shall be satisfied that---
(a) The land is sufficiently described and comprises not less than 20
hectares of forest; and
(b) The forest (including planting and felling intended during the
period of 12 months following the date of application) on the
land is in the nature of a fire hazard requiring continuous
protection equivalent to a restricted season; and
(c) Any proposed fire safety margin is sufficiently described and is
essential for fire control and does not at any point exceed a
distance of 1.5 kilometres from the boundary of the forest area;
and
(d) The applicant has arranged adequate fire protection; and
(e) Where an exterior fire exposure exists, no exotic trees are
planted within 10 metres of the external boundary of the area,
or within such greater distance as the Fire Authority may
reasonably require; and
(f) All reasonable objections to the application or to any part
thereof received by the date specified in the notices referred
to in paragraphs (b) and (c) of subsection (4) of this section
have been duly taken into account; and
(g) Suitable arrangements regarding fire control have been made with
all other Fire Authorities and with the New Zealand Fire Service
Commission, in respect of any part or parts of the proposed
forest area or fire safety margin thereof that may be situate
within their jurisdiction.
(4) Every application for registration as a forest area shall be in
the prescribed form and shall be accompanied by---
(a) A plan sufficiently describing the proposed forest area and any
proposed fire safety margin; and
(b) A declaration in the prescribed form that the applicant is an
eligible landholder and that every other landholder (whether
eligible or not) in respect of that area or of any part thereof
whose written assent to the application does not form part of or
accompany the application has been given written notice in the
prescribed form of the intention to apply; and
(c) A copy of a notice in the prescribed form, advertised by the
applicant twice at least (at intervals of not less than one week
or more than 2 weeks) in a newspaper circulating in the locality
in which the proposed forest area and any proposed fire safety
margin are to be situated, during a period expiring not less
than one month nor more than 2 months before the application is
sent to the Fire Authority; and
(d) Any prescribed fee; and
(e) Any other prescribed requirements.
(5) The notices referred to in paragraphs (b) and (c) of subsection
(4) of this section may be identical and shall---
(a) Sufficiently describe the proposed forest area and any proposed
fire safety margin; and
(b) State where copies of the plan and intended application may be
inspected; and
(c) Set out in the prescribed form the effect of declaring a forest
area, including the requirements set out in subsection (7) of
this section; and
(d) State that all objections to the application or to any part
thereof must be received by the Fire Authority by a closing date
not less than one month after the date on which the notice is
first advertised, that closing date to be stated in each
advertisement.
(6) Copies of the application, plan, and notice referred to in
subsection (4) of this section shall, in accordance with the notice, be
made available by the applicant for public inspection during reasonable
hours at a convenient place.
(7) Every eligible landholder for the time being and from time to time
who, being in control and occupation of all or any part of a forest
area, intends that the rights and duties pertaining to that area and,
where appropriate, to any adjacent fire safety margin, are to apply for
the ensuing period of 12 months from the 31st day of August in any year,
at his own expense and to the extent of that control or occupation
shall---
(a) Be responsible for fire protection, subject to any directions by
the Fire Authority; and
(b) Provide warning signs in respect of fire-lighting restrictions, to
the approval of the Fire Authority; and
(c) During that month of August,---
(i) Cause a notice of his intention, in the prescribed form,
containing information corresponding to that set out in
paragraphs (a), (b), and (c) of subsection (5) of this section,
to be advertised twice at least (at intervals of not less than
one week) in a newspaper circulating in the locality; and
(ii) Cause a copy of the same notice to be sent or delivered
to every landholder in occupation of land situated within that
margin and to every other landholder in respect of the forest
area or part thereof, and to the Fire Authority:
Provided that any eligible landholder in respect of the forest area or
of any part thereof may on behalf of all or any other such eligible
landholders fulfil the requirements of this subsection.
(8) In the event of the failure, without good cause approved or
confirmed by the Fire Authority, of the eligible landholder or eligible
landholders of a forest area to perform any of the duties or
responsibilities required under subsection (7) of this section, the
registration of that forest area shall be deemed suspended until such
failure has been remedied to the satisfaction of the Fire Authority.
(9) A Fire Authority may at any time and from time to time for good
and sufficient reason given---
(a) Suspend, amend, or cancel the registration or conditions of all or
any part of any forest area or fire safety margin thereof, but
shall not thereby be precluded from lifting or again imposing
any suspension of, making any further amendment of, or renewing
in the same or amended form, any such registration or
conditions; or
(b) Waive, or allow rectification of, any procedural requirement
provided for in this section, if it is reasonably satisfied that
the interests of persons other than the person in default are
not thereby prejudiced.
(10) Every registration of a forest shall lapse after a period of 5
years from the initial approval thereof, and at further intervals of 5
years, unless registration is renewed to the approval of the Fire
Authority by the same procedures, or as nearly thereto as possible, as
are required for the declaration of a forest area.
(11) Any dispute or difference in respect of any decision, condition,
requirement, or obligation made or arising in respect of any forest area
or of any proposed forest area shall be decided in the public interest
by a Rural Fire Mediator appointed by the Minister [of Forestry].
In subs. (11) the words ``of Forestry'' were inserted by s. 2 (1)
(a) of the Forest and Rural Fires Amendment Act 1987.