Forest and Rural Fires Act 1977
052
Commenced: 1 Apr 1979
II: Fire Control Operations
Control of Spread of Fire to State Areas, Forest Areas, and Specially Protected Property
25
Spread of fires to State areas, forest areas, and specially protected property
Control of Spread of Fire to State Areas, Forest Areas, and Specially
Protected Property
25. Spread of fires to State areas, forest areas, and specially
protected property---(1) Every person commits an offence against this
Act who, at any time,---
(a) Negligently causes or permits any fire to spread to any State
area, forest area, or specially protected property if---
(i) Any vegetation or other property is thereby burnt or
injured; or
(ii) The stability, structure, quality, or fertility of the
soil is thereby injuriously affected; or
(b) Leaves, without having taken due precaution against its spreading
or causing injury to any State or forest area, or any specially
protected property, any fire lit or kindled by him or the
lighting or kindling of which he has aided or abetted or
assisted.
(2) In any proceedings in respect of any offence under this section or
any of sections 20, 21, 23, or 26 of this Act, a certificate confirming
the status of any lands in question---
(a) As to a National Park, Maritime Park, or other State area, or the
fire safety margin thereof, by the [Director-General of
Conservation] or Chief Surveyor for the relevant Land District;
or
(b) Repealed by s. 32 (1) of the State-Owned Enterprises Act 1986.
(c) As to any forest area (including the fire safety margin thereof)
or specially protected property in any district (not being in a
National Park, Maritime Park, or other State area), under the
seal of the Fire Authority for the district---
shall be conclusive proof of that status, unless the defendant proves to
the contrary, and all plans, maps, certificates, and copies certified as
true by the [Director-General of Conservation] or Chief Surveyor for the
relevant Land District . . . shall be sufficient evidence of their
contents without production of original records and without the personal
attendance of those officers or proof of their signatures.
(3) Any person convicted of an offence under this section shall, in
addition to any penalty for which he may be liable under this section,
pay the value of the damage to the National Park, Maritime Park, or
other State area or to any vegetation or other property thereon. That
value or damage shall be assessed by the Court in fixing the penalty and
shall be recoverable in like manner as a fine.
Cf. 1955, No. 44, s. 22
In subs. (2) the words ``Director-General of Conservation'' were
substituted for the words ``Commissioner of Crown Lands'', in 2
places, by s. 8 of the Forest and Rural Fines Amendment Act 1987,
and words were omitted by s. 32 (1) of the State-Owned Enterprises
Act 1986.