Development Application Part 2 - Environmental & Stormwater Management Plans · OPW11/0335

Free Mara errant Plan Peceaan Bea:,-i
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4. If it is practicable to contact a prescribed person, an occuper of land


     (a)      Must not do or direct the doing of any act referred to in subsection (1) unless the
              prescribed person has been notified of the situation; and
     (b)      Must comply with any direction given by the prescribed person in respect of the doing
              of any act.


5. In this section:


           "prescribed person" means a fire officer, an officer of a rural fire brigade, a chief
           fire warden or fire warden, a forest officer (within the meaning of the Forestry Act
           1959), a conservation officer (within the meaning of the Nature Conservation Act
           1992), or a police officer.


Section 69 - Requisition by commissioner to reduce fire risk
6.     The commissioner may require any occupier of premises to take measures for the purpose
       of reducing the risk of a fire occurring on the premises or reducing potential danger to
       persons, property or the environment in the event of a fire occurring on the premises.
7.     A requisition may be given
     (a)      In a particular case-by giving a notice to the occupier concerned; or
     (b)      By notification published in the gazette in which case each occupier of land to whom
              the notification applies must comply with the requisition.


8.     Without limiting the measures that may be required to be taken, an occupier may be
       required to do any of the following
     (a)      Make and maintain firebreaks in accordance with any directions contained in the
              notification or notice;
     (b)      Remove, dispose of or otherwise deal with any vegetation or other flammable material
              in accordance with any directions contained in the notification or notice;
     (c)      Obtain equipment and keep it available for use for fire fighting purposes;
     (d)      Take measures to ensure an adequate supply of water or any other substance for fire
              fighting purposes;
     (e)      Ensure that the means of escape from the premises in the event of fire can be safely
              and effectively used at all material times; and
     (f)      Suspend such operations as may be specified for the period specified.


9.     Where an occupier of premises fails to comply with a notification or notice an authorised
       fire officer and any assistant may enter the premises and take any of the measures
       directed by the notification or notice to be taken and any expenses incurred in taking those
       measures may be recovered by the chief executive in a court of competent jurisdiction from
       the occupier.


The State Government released in 2003 a State Planning Policy 1/03, titled 'Mitigating the
Adverse Impacts of Flood, Bushfire and Landslide'           The purpose of this policy was to ensure
that the State interests with respect to flood, bushfire, and landslide were being taken into
account with respect to development application under the IPA.


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