Public Health Act 1997

If an authorised officer has reasonable grounds for believing that an insanitary condition exists, the officer may issue an abatement notice to—

the person causing the condition; or

if that person cannot be identified—the person who occupies the place at which the condition exists, or from which it emanates.

Note For how documents may be served, see Legislation Act, pt 19.5.

In determining whether to issue an abatement notice in relation to a condition, state or activity, an authorised officer—

must have regard to the number of people affected, or potentially affected, by the condition, state or activity; and

must have regard to the degree, or potential degree, of public health risk, damage to public health or offensiveness to community health standards resulting from the condition, state or activity; and

may have regard to any reasonable precautions that a person causing the relevant condition, state or activity has or has not taken to avoid or minimise the adverse effect, or the potential adverse effect, of the condition, state or activity; and

may have regard to any reasonable precautions that a person adversely affected, or potentially adversely affected, by the relevant condition, state or activity has or has not taken to avoid or minimise the effect, or potential effect, of the condition, state or activity on the person’s health or on the health of any other person for whose care, support or education the person is responsible.

An abatement notice—

must specify the insanitary condition which is required to be abated; and

must specify the period within which the insanitary condition is to be abated; and

may specify steps to be taken to prevent the recurrence of the insanitary condition and the period or periods within which they are to be undertaken.

An abatement notice continues in force until revoked in accordance with section 72.