New South Wales Consolidated Acts

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RURAL FIRES ACT 1997 - SECT 62M

Agreements for fire trails on private land

62M Agreements for fire trails on private land

(1) This section applies to private land.
(2) The Commissioner may enter into negotiations with the owner of private land for an agreement between the Commissioner and the owner in writing that a fire trail be established on the land for the purposes of this Part. The agreement must provide particulars of the fire trail including its location.
(3) The agreement may apply to a new fire trail or an existing fire trail (or part of an existing fire trail) or both.
(4) The agreement must--
(a) be in a form approved by the Commissioner, and
(b) state that the agreement is for the purposes of this Part, and
(c) acknowledge the consent of the owner to the designation and registration of the fire trail under this Part.
(5) The Service Standards may provide for the procedures in respect of negotiations referred to in this section, including information to be provided to the owner of land.
(6) The Commissioner may enter into any such agreements.
(7) An agreement for the establishment of a fire trail operates to establish the fire trail as a designated fire trail (even if the fire trail is not yet wholly or partly created).
Note : If an existing fire trail is the subject of an existing agreement for a fire trail on private land, section 62N enables certification of the existing fire trail without the need for an agreement under this section.
(8) A designated fire trail ceases to be so designated when it is registered as a fire trail or if the Commissioner and the owner of the land concerned agree to withdraw from the agreement before the fire trail is registered.
(9) An agreement must not be entered into with the owner of private land if--
(a) the occupier of the land on which the fire trail the subject of the proposed agreement is situated is not the owner of the land, and
(b) the occupier has not consented, in writing, to the agreement.



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