Victorian Repealed Acts

This legislation has been repealed.

Health Act 1958 - SECT 44

Notice to abate a nuisance

44. Notice to abate a nuisance



(1) If the council is satisfied that a nuisance exists, it may serve a notice
on the person who is causing the nuisance or, if that person cannot be found,
on the owner or occupier of the land or person in charge of the land from
which the nuisance emanates, requiring the abatement of the nuisance.

(2) A notice under subsection (1)-

   (a)  must specify the time within which the nuisance must be abated; and

   (b)  may specify steps to be taken to prevent the recurrence of the
        nuisance and the time within which they are to be done.

(3) If-

   (a)  the person on whom the notice is served does not comply with it; or

   (b)  the nuisance, although removed, is, in the opinion of the council,
        likely to recur-

the council may cause a complaint to be made to the Magistrates' Court which
may summon the person to appear before the Magistrates' Court.



(4) If the court is satisfied that the nuisance exists or is likely to recur,
the court must order that person to do either or both of the following-

   (a)  comply with the notice;

   (b)  carry out works to prevent the recurrence of the nuisance.

(5) The court may also-

   (a)  impose a penalty of not more than 100 penalty units on the person on
        whom the order is made; and

   (b)  give directions as to the payment of all or any of the costs and
        expenses.

(6) Before making any order the court may if it thinks fit adjourn the hearing
or further hearing of the case until an inspection, investigation or analysis
in respect of the alleged nuisance has been made by some competent person.

(7) The court may issue a closing order prohibiting the use of a house for
human occupation if a nuisance is proved to exist which, in the opinion of the
court, renders the house unfit for human occupation.

(8) An order under subsection (7) lasts until, in the judgment of the court,
the house is fit for human occupation.

(9) If an order has been made under this section, the council may-

   (a)  enter the land to which the order relates and abate the nuisance and
        do whatever is necessary to execute the order; and

   (b)  recover the costs and expenses incurred by it from the person on whom
        the order is made.



(10) A person who-

   (a)  wilfully contravenes an order under subsection (7); or

   (b)  fails to comply with any other order under this section (unless the
        person satisfies the court that he or she has used all diligence to
        comply with the order)-

is guilty of an offence and liable to a penalty of not more than 100 penalty
units.