46. Levy for costs of fire fighting in districts other than State
 areas---(1) [In any case where a Fire Authority for a rural fire
 district] has incurred any costs of and incidental to fire-fighting
 operations directed towards the control, restriction, suppression, or
 extinction of a fire in its district---
   (a) The whole or any portion of those costs 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, for the purpose of
         recovering the whole or any part of those costs, in accordance
         with this section impose a levy for such sum or sums as it may
         specify on all or any of the following persons---
           (i) Any landholder in respect of any land in the district:
           (ii) Any owner, lessee, licensee, possessor, or occupier of
         any property which was in the district at the time of the fire
         and was menaced by the fire.

   (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 under this section 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 whether a levy is to be imposed under this section
 and the amount of any such levy, the Fire Authority shall have regard to
 the following matters:
   (a) The value of the property which has been saved and for the
         protection of which the fire-fighting operations were to any
         extent directed:
   (b) The extent of the assistance in connection with the fire-fighting
         operations rendered by or on behalf of any person upon whom the
         Fire Authority may be entitled to impose the levy:
   (c) The extent of any loss suffered by any such person as a result of
         the fire-fighting operations:
   (d) Such other circumstances as the Fire Authority considers relevant.

   (5) In assessing the amount of the costs so incurred the Fire
 Authority may take into account the salaries and wages of its officers
 and servants during any period outside their normal hours of work while
 they were engaged in the control and suppression of the fire and in work
 arising from the fire.
     Cf. 1955, No. 44, s. 39

       In subs. (1) the words in square brackets were substituted for the
     former words by s. 18 (c) of the Fire Service Amendment Act 1986.