Public Health Act 1997

A council may make a closure order upon receipt of – the certificate from an environmental health officer under section 86(1); and a report from a building surveyor under section 86(3).

On receipt of a certificate under section 86(1) but before receipt of a report under section 86(3), a council may make an interim closure order if satisfied that it is necessary for the health of any person.

A closure order may – require the owner of premises, within a specified period of not less than 21 days, to do any works the council considers necessary to put the premises in a state safe for human occupation; and forbid human occupation or habitation of the premises after a date specified in the order.

In determining whether premises can be put in a state safe for human occupation at a reasonable cost, the council is to have regard to – the estimated cost of what is ordered or proposed to be done to the premises; and the estimated value of the premises if that were done.

If within the period specified in the closure order or within any further period the council allows the owner does not complete the specified works, the council may cause the works to be completed at the owner's expense.

If the council is satisfied that the premises cannot be put in a state safe for human occupation at a reasonable cost or that the owner is unlikely to comply with the closure order, it may – forbid human occupation or habitation; or at the owner's expense, cause the premises to be demolished.

The owner of premises to which a closure order relates must not – require any occupier of the premises to carry out any works specified in the order; or require the occupier to pay the cost of those works. Fine not exceeding 100 penalty units.