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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   (b) Repealed by s. 32 (1) of the State-Owned Enterprises Act 1986.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.
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