Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 58

Application of Division

    (1)     This Division applies to nuisances which are, or are liable to be, dangerous to health or offensive.

    (2)     Without limiting the generality of subsection (1), this Division applies in particular to nuisances arising from or constituted by any—

        (a)     premises; or

        (b)     water; or

        (c)     animal, including a bird or insect, capable of carrying a disease transmissible to human beings; or

        (d)     refuse; or

        (e)     noise or emission; or

        (f)     state, condition or activity; or

        (g)     other matter or thing—

which is, or is liable to be, dangerous to health or offensive.

    (3)     For the purpose of determining whether a nuisance arising from or constituted by any matter or thing referred to in subsection (2) is, or is liable to be, dangerous to health or offensive

        (a)     regard must not be had to the number of persons affected or that may be affected; and

        (b)     regard may be had to the degree of offensiveness.

    (4)     In this section, "offensive" means noxious or injurious to personal comfort.



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