New South Wales Consolidated Acts New South Wales Consolidated ActsIf--
(a) the occupier and the owner of the land in respect of which a fire trail rectification notice is given are not the same person, and
(b) the owner of that land has been prosecuted under section 62Y (5) or an action for recovery of costs has been taken against the owner under section 62ZC (3),it is a defence to that prosecution or action if the court is satisfied that that owner had no legal right, as between the owner and the occupier of that land, to enter that land and comply with the requirements of the notice.