49AAbatement notices

49A Abatement notices

[Section 49A Inserted by No. 72 of 2009, s. 22, Applied:01 Jul 2010]

(1)  If a general manager is satisfied that a dog is creating a nuisance, the general manager may serve an abatement notice on the owner or person apparently in charge of the dog.

(2)  An abatement notice is to state –

(a) the nature of the nuisance; and

(b) any action to be taken that the general manager considers to be necessary to abate the nuisance; and

(c) the period within which such action is to be taken.

(3)  A person served with an abatement notice must comply with the notice, unless the person lodges an appeal under subsection (5) .

Penalty:  Fine not exceeding 20 penalty units.

(4)  For the purpose of ascertaining whether a nuisance exists, the general manager may –

(a) enter and remain on land; and

(b) do any thing reasonably necessary for that purpose.

(5)  [Section 49A Subsection (5) amended by No. 7 of 2025, s. 85, Applied:01 Jul 2025] A person served with 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:

(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)  [Section 49A Subsection (6) amended by No. 7 of 2025, s. 85, Applied:01 Jul 2025] The Tasmanian Civil and Administrative Tribunal may –

(a) order that the person is to comply with the abatement notice; or