Document ID: chunk:federal_register_of_legislation:F2021C00101:reg:24
Version: federal_register_of_legislation:F2021C00101
Segment Type: reg
Provision Reference: reg 24
Character Range: 28647–30548

24  Shire Council may require owner or occupier of land to take action
 (1) This section applies if the Shire Council is of the opinion that any vegetation or premises on land in the Territory may, as a result of an emergency:
 (a) cause loss of life, prejudice to the safety, or harm to the health, of persons or animals; or
 (b) destroy or damage property or any part of the environment.
 (2) The Shire Council may give a person, who is the owner or occupier of land in the Territory, a direction in writing requiring the person to take measures specified in the direction to prevent or minimise the loss, prejudice, harm, destruction or damage.
 (3) A person, who is given a direction under subsection (2) (the directed person), is not prevented from complying with it because of the terms on which the land is held.
 (4) A directed person may apply to a court for an order under subsection (5) if the directed person:
 (a) incurs expense in complying with the direction; or
 (b) fails to comply with the direction, and is convicted and fined or has to pay to a local government the cost the local government incurs in doing anything under section 26.
 (5) On an application under subsection (4), the court may order:
 (a) if the directed person is the owner—the occupier; or
 (b) if the directed person is the occupier—the owner;
to pay to the directed person so much of that expense, fine or cost as the court considers fair and reasonable in the circumstances.
 (6) In determining what is fair and reasonable, the court must have regard to the following:
 (a) the type of land involved;
 (b) the terms on which the occupier is occupying the land;
 (c) any other matter the court considers relevant.
 (7) In this section:
court means a court that would have jurisdiction to hear an action to recover a debt of the amount of the expense, fine or cost sought to be recovered under subsection (4).