Victorian Current Acts Victorian Current Acts(1) This section applies if a nuisance exists on, or emanates from—
(a) unoccupied land, the owner of which is unknown or cannot be found; or
(b) occupied land, the occupier and owner of which are unknown or cannot be found.
(2) If this section applies, the Council, in whose municipal district the land is wholly or partly located, may—
(a) enter and take steps to abate the nuisance; and
(b) do all things necessary for that abatement.
(3) If a Council is abating a nuisance under subsection (2), another Council is not competent under this Division to abate that nuisance.
(4) Any reasonable costs incurred under subsection (2) are a debt payable to the Council by the owner of the land and—
(a) are until recovered a charge on the relevant land; and
(b) may at any time be recovered by the Council in a court of competent jurisdiction—
(i) from the owner of the relevant land for the time being; or
(ii) after demand from the occupier of the relevant land for the time being, from the rent, to the extent of the amount of rent due, at the time of demand, from the occupier to the owner.
(5) For the purposes of subsection (4), "reasonable costs" means—
(a) the costs and expenses of taking the actions necessary to abate the nuisance; and
(b) all other costs and expenses lawfully incurred by the Council in respect of any land or any premises on the land whether or not any judgment or order has been obtained; and
(c) interest at the percentage rate per annum fixed in accordance with section 2 of the Penalty Interest Rates Act 1983 .
Division 2—Registration of prescribed accommodation
S. 67 amended by Nos 11/2015 s. 4, 15/2022 s. 5.