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Forest and Rural Fires Act 1977  052
Commenced: 1 Apr 1979
III: Fire Control Finance
45   Provisions for meeting ordinary requirements of the Fire Authority of a rural fire district




   45. Provisions for meeting ordinary requirements of the Fire Authority
 of a rural fire district---(1) Where a Fire Authority of any rural fire
 district requires any amount to meet its expenditure for any period of
 not less than 12 months as provided for in any such estimate, or to meet
 any special expenditure which is not being met under section 46 of this
 Act---
   (a) The whole or any portion of the amount may be met by all or any of
         the persons on whom a levy could be imposed under this section,
         as they mutually agree:
   (b) Failing any such agreement, or so far as any such agreement does
         not extend, the Fire Authority may from time to time under this
         section---
           (i) Impose a levy on all or any of the landholders in the
         district in respect of the land upon which is situate the
         property (if any) for the protection of which the district has
         been constituted, or, where no such property is stated by Order
         in Council, on all or any landholders in the district; and
           (ii) Determine the proportion of any such levy which is to be
         met by the persons on whom it is so imposed.

   (2) Except in the case of a district in which the whole or
 substantially the whole of the land is occupied for farming purposes, no
 such levy shall be imposed in respect of any land normally tilled or
 grazed, or any building (including a dwellinghouse) occupied for farming
 purposes, or any chattels thereon or therein.

   (3) In no case shall land formally retired from pastoral use under a
 Soil and Water Conservation Plan, and not used for production forestry,
 be liable for any such levy.

   (4) In determining the persons on whom such levy is to be imposed and
 the proportions in which it is to be met by those persons, the Fire
 Authority shall have regard to the following matters:
   (a) The benefit likely to be derived from the operations of the Fire
         Authority:
   (b) The risks of a fire occurring on the land or spreading on to that
         land or from that land to adjacent land:
   (c) The extent to which steps have been taken by or on behalf of any
         person upon whom a levy may be imposed under this section to
         reduce the risk of fire occurring on that land or spreading on
         to or from that land:
   (d) Such other circumstances of whatsoever nature as the Fire
         Authority considers relevant.

   (5) The Fire Authority may from time to time when it considers that
 any relevant circumstances may have changed, and shall, not later than 5
 years after it last made an award determining proportions under this
 section, reconsider the proportions fixed previously and make a new
 award determining proportions.
     Cf. 1955, No. 44, s. 38
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