Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_25
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 25
Character Range: 352862–354937

25  Directions to prevent fire or in event of fire
 (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:
 (a) prevent or inhibit the outbreak and spread of fire on land; or
 (b) protect life, property or the environment from fire on land or spreading from land.
Note: Failure to comply with a direction is an offence: see section 25A.
 (2) The circumstances include the following:
 (a) the amount and type of flammable material, explosive or dangerous material on the land;
 (b) weather conditions affecting the land;
 (c) the location and use of the land and nearby land;
 (d) the possible effect of fire on the land and nearby land;
 (e) the number of people likely to be on the land at any time;
 (f) the risk to public safety or the risk to the safety of people likely to be on the land.
Note: Land includes buildings on the land: see section 5.
 (3) A direction:
 (a) may specify a reasonable period within which a person must take, or refrain from taking, specified action; and
 (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.
 (4) A direction may be given:
 (a) in writing; or
 (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.
 (5) If a direction is given orally to a person, the Chief Fire Control Officer must:
 (a) make a written record of the direction; and
 (b) give the person the direction in writing within a reasonable period after giving the direction orally.

Direction to light a fire etc. in a Commonwealth reserve is not permitted
 (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.

Review
 (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.