Local Government Act 1993

If a council is satisfied that a nuisance exists, the general manager must serve a notice on– any person whose act or default contributes to or causes the nuisance whether or not that act or default occurs wholly or only partly in the municipal area; or if the person cannot be ascertained or found, on the owner or occupier of the land on, or from which, the nuisance arises.

If the owner or occupier of land on or from which a nuisance arises cannot be ascertained or found, the general manager is to display a copy of a notice referred to in subsection (1) in a prominent position on that land.

A notice under subsection (1) is to state – the nature of the nuisance; and any reasonably necessary action to be taken to abate the nuisance; and the period within which such action is to be taken; and the person or persons responsible for ensuring that such action is taken; and that the council may take action under section 201.

A person served with, or specified in, an abatement notice must comply with the notice, unless the person lodges an appeal under subsection (5). Fine not exceeding 20 penalty units.

For the purpose of ascertaining whether a nuisance exists, the general manager may– enter and remain on land; and do any thing reasonably necessary for that purpose.

A person served with, or specified in, an abatement notice may appeal to the Tasmanian Civil and Administrative Tribunal within 14 days after service of the notice on any one or more of the following grounds:that a nuisance does not exist; that an action required by the abatement notice is unreasonable; that the period stated in the abatement notice is unreasonable.

The Tasmanian Civil and Administrative Tribunal may – order that the person is to comply with the abatement notice; or modify the abatement notice and order that the person and the council are to comply with the modified notice; or order that the council withdraw the abatement notice.