Local Government Act 1993 (No. 95 of 1993)
Requested: 19 Sep 2008
Consolidated as at: 19 Sep 2008
200. Abatement notices
(1) If a council is satisfied that a nuisance exists, the general manager must serve a
(a) 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 its municipal area; or
(b) if the person cannot be ascertained or found, on the owner or occupier of the land
on, or from which, the nuisance arises.
(1A) 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.
(2) A notice under subsection (1) is to state –
(a) the nature of the nuisance; and
(b) any reasonably necessary action to be taken to abate the nuisance; and
(c) the period within which such action is to be taken; and
(d) the person or persons responsible for ensuring that such action is taken; and
(e) that the council may take action under section 201.
(f) . . . . . . . .
(3) 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.
(4) For the purpose of ascertaining whether a nuisance exists, the general manager
(a) enter and remain on land; and
(b) do any thing reasonably necessary for that purpose.
(5) A person served with, or specified in, an abatement notice may appeal to a
magistrate within 14 days after service of the notice on any one or more of the
(a) that a nuisance does not exist;
(b) that an action required by the abatement notice is unreasonable;
(c) that the period stated in the abatement notice is unreasonable.
(6) A magistrate may –
(a) order that the person is to comply with the abatement notice; or
(b) modify the abatement notice and order that the person and the council are to
comply with the modified notice; or
(c) order that the council withdraw the abatement notice.