Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 231

Expenses recoverable by a Council in the abatement of any nuisance

    (1)     Subject to subsection (2), if it is provided by or under this Act or the regulations that any works for the abatement of any nuisance may be done by the Council at the expense of the occupier of any land, the occupier may—

        (a)     recover the expenses from the owner as money paid to his or her use; or

        (b)     deduct the expenses from, or set off against, any rent due or to become due.

    (2)     Subsection (1) does not apply in the case of a contravention of section 61 by the occupier.

    (3)     Subsection (1) applies despite any covenant or agreement to the contrary.

    (4)     For the purposes of this section, "occupier" includes—

        (a)     the person in occupation of any premises;

        (b)     any person in possession of the premises;

        (c)     any agent receiving rent for the premises.

Division 6—Regulations



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