Public Health Act 1997

The chief health officer may apply to the Magistrates Court for either of the following orders in relation to a person to whom an abatement notice has been issued:

an order that the person—

comply with the notice; and

undertake stated action, or cease or refrain from undertaking stated action, to prevent any recurrence of the insanitary condition;

if the insanitary condition has been removed but is likely to recur—an order that the person undertake stated action, or cease or refrain from undertaking stated action, to prevent any recurrence of the insanitary condition.

For the purpose of considering an application under this section, the court may adjourn the hearing (or further hearing) of the matter for the purpose of considering any relevant report from any person about the alleged insanitary condition.

On an application under subsection (1), after considering any report referred to in subsection (2), and any other relevant information in relation to the application submitted by the parties, the court may make any of the following orders in relation to the person to whom the abatement notice was issued:

that the person comply with the notice within a period specified in the order;

that in order to prevent the recurrence of the insanitary condition, the person undertake any specified action, or cease or refrain from undertaking any specified action, within a period specified in the order;

an order that the person pay the Territory an amount equal to no more than—

for an individual (other than a utility)—$5 000; or

for a corporation (other than a utility)—$25 000; or

for a utility who is an individual—$100 000; or

for a utility that is a corporation—$500 000.

an order giving directions about the payment of the costs and expenses of the application.

A person must comply with an order under subsection (3) (a) or (b).

Maximum penalty:

for a person who is not a utility—100 penalty units; or

for a utility—2 000 penalty units.

For the purpose of implementing an order under subsection (3) (a) or (b), an authorised officer may, after the expiration of the compliance period specified in the order, using such reasonable force and assistance as is necessary, enter a place to which the order relates and do whatever is necessary to implement the order.

Subsection (7) applies if—

an order is made under subsection (3) (a) or (b) in relation to a person to whom an abatement notice was issued; and

within 12 months after the order was made, the insanitary condition recurs.

The chief health officer may apply under subsection (1) for another order in relation to the person.

Any costs or expenses incurred by the Territory in implementing, or attempting to implement, an order under subsection (5) are a debt due to the Territory by the person in relation to whom the order was issued.

The Magistrates Court may revoke an order under subsection (3) (a) or (b) on application by the person in relation to whom the order was made, or the chief health officer, if satisfied—

that the order has been complied with; and

that there is no reasonable likelihood of the recurrence of the circumstances giving rise to the making of the order.