Victorian Repealed Acts

This legislation has been repealed.

Health Act 1958 - SECT 46

Nuisance caused by two or more persons

46. Nuisance caused by two or more persons



(1) If a nuisance appears to be-

   (a)  caused by two or more persons; or

   (b)  allowed or suffered to exist on or emanate from any land owned or
        occupied by or in the charge of two or more persons-

proceedings may be instituted against any one of those persons and all or any
two or more of those persons may be included in one proceeding.

(2) Any one or more of those persons-

   (a)  may be ordered to abate the nuisance so far as it appears to the court
        to be-

   (i)  caused; or

   (ii) allowed or suffered to exist on or emanate from the land- by the
        person or persons; or

   (b)  may be prohibited from continuing to cause the nuisance; or

   (c)  may be fined or otherwise punished even though the act or default of
        any one of the persons would not separately have caused a nuisance.

(3) The costs and expenses may be distributed in a manner which appears to the
court fair and reasonable.