Document ID: chunk:federal_register_of_legislation:F2019C00912:reg:59
Version: federal_register_of_legislation:F2019C00912
Segment Type: reg
Provision Reference: reg 59
Character Range: 60199–61534

59  Bush fire hazard reduction work if notice not complied with
 (1) If the owner or occupier on whom a relevant notice is served fails to comply with the notice within the time specified in the notice, the Minister may, without prejudice to the liability of the owner or occupier, enter the land to which the notice relates and carry out the bush fire hazard reduction work that the owner or occupier was required to do under the notice.
 (2) Any costs incurred by the Minister in carrying out the bush fire hazard reduction work (including costs incurred in obtaining approval under another law to carry out the work) may be recovered from the owner or occupier of the land as a debt due to the Commonwealth in a court of competent jurisdiction.
 (3) It is a defence to an action under subsection (2) against the owner of the land that:
 (a) the owner and occupier of the land are not the same person; and
 (b) the owner had no legal right, as between the owner and the occupier of the land, to enter the land and comply with the requirements of the relevant notice.
 (4) In this section:
relevant notice means:
 (a) a bush fire hazard reduction notice; or
 (b) if a bush fire hazard reduction notice is confirmed or varied following an objection to the notice—the notice as confirmed or varied and notified under subsection 57(6).