Health Local Law 2016
Div 8Bird nuisance
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Division 8—Bird nuisance 4.16 Restrictions on feeding of birds (1) A person shall not feed a bird— (a) so as to cause a nuisance, or (b) with a food or substance that is not a natural food of a bird. (2) Where an authorised person forms the opinion that a person has not complied with subclause (1) the authorised person may serve the person a notice requiring the person to clean up and properly dispose of any feed or waste products specified in the notice. PART 5—OBJECTIONS AND APPEALS 5.1 Objections and appeals When the local government makes a decision under this local law as to whether it will— (a) grant a person a permit or authorisation; (b) vary or cancel a permit or authorisation; or (c) give a person a notice, the provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations shall apply to that decision. PART 6—ENFORCEMENT Division 1—Notice of breach 6.1 Notice of breach (1) Where a breach of any provision of this local law has occurred, the local government may give a notice in writing to the person alleged to be responsible for such breach. (2) A notice issued pursuant to subclause (1) shall— (a) specify the provision of this local law which has been breached; (b) specify the particulars of the breach; and (c) state the manner in which the recipient is required to remedy the breach to the satisfaction of the local government within a time period stipulated in the notice which shall be not less than 14 days from the giving of the notice. (3) It is an offence to fail to comply with a notice issued by the local government pursuant to 6.2 Form of notices Where this local law refers to the giving of a notice other than the giving of an infringement notice and no particular form is prescribed, it will be sufficient that the notice be in writing giving adequate details to enable the owner, occupier or other person to whom the notice is issued to know the offence committed and the measures required to be taken or conditions with which compliance is required, as the case may be. 6.3 When local government may undertake work required by notice (1) This clause applies only in respect of a notice issued under clauses 3.8(1) and 4.3(1) of this local law. (2) Where a person fails to comply with a notice referred to in subclause (1) the local government may, subject to compliance with the requirements of subdivision 3 of Division 3 of Part 3 of the Act, do anything that it considers necessary to achieve, so far as is practicable, the purpose for which the notice was given. (3) The local government may recover the cost of anything it does under subclause (2) as a debt due from the person who failed to comply with the notice.