Part 5Nuisance abatement notices and litter abatement notices

Part 5—Nuisance abatement notices and litter abatement notices 30—Nuisance and litter abatement notices (1) The Minister or a relevant council may issue— (a) a nuisance abatement notice for or in connection with securing compliance with Part 4 Division 1; or (b) a litter abatement notice for or in connection with securing compliance with Part 4 Division 2. (2) A notice under this section— (a) must be in the form of a written notice served on the person to whom it is issued; and (b) must specify the person to whom it is issued (by name or by a description sufficient to identify the person); and (c) must specify the purpose for which it is issued; and (d) may direct 2 or more persons to do something specified in the notice jointly; and (e) may impose a requirement that the person do 1 or more of the following: (i) discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice; (ii) not carry on a specified activity except at specified times or subject to specified conditions; (iii) take specified samples or conduct specified tests, examinations, monitoring or analyses at specified times or intervals or for a specified period or until further notice; (iv) furnish to the Minister or council specified results or reports within a specified period; (v) clean up litter that the Minister or council considers to have been caused by a contravention of this Act; (vi) make good any damage to property that the Minister or council considers to have been caused by a contravention of this Act; (vii) prepare, in accordance with specified requirements and to the satisfaction of the Minister or council, a plan of action for the purposes of securing compliance with any requirement of this Act or preventing any future contravention of this Act; (viii) take such other specified action in a specified way, and within a specified period or at specified times or in specified circumstances; and (f) may, in addition, in the case of a litter abatement notice, impose a requirement that the person prepare, in accordance with specified requirements and to the satisfaction of the Minister or council, a plan of action for the purposes of— (i) preventing the escape of litter from business premises; or (ii) keeping a specified area (not exceeding 100 metres) around business premises free from litter; and (g) may impose any other requirement prescribed by regulation; and (h) must state that the person may, within 14 days, appeal against the notice to the Environment, Resources and Development Court. (3) A notice under this section may be issued to a person by 2 or more councils jointly to prevent the person contravening a provision of this Act in those council areas. (4) A notice under this section that relates to an activity or conditions on premises may be issued to— (a) the owner or occupier of the premises; or (b) a person who has the management or control of the premises; or (c) a person who is the trustee of a person referred to in paragraph (a) or (b), or is managing the affairs of such a person on some other basis. (5) An authorised officer may, if of the opinion that urgent action is required, issue an emergency notice imposing a requirement of a kind referred to in subsection (2)(e) or (3) or as reasonably required in the circumstances. (6) An emergency notice may be issued orally, but, in that event, the person to whom the notice is issued must be advised forthwith of the person's right to appeal against the notice to the Environment, Resources and Development Court. (7) If an emergency notice is issued to a person by an authorised officer, the notice will cease to have effect on the expiration of 3 business days from the time of its issue unless confirmed by a notice issued by the Minister or council and served on the person. (8) The Minister or a council may, by written notice served on a person to whom a notice under this section has been issued by the Minister or council, vary or revoke the notice. (9) A person to whom a notice is issued under this section must not, without reasonable excuse, fail to comply with the notice. (a) in the case of a body corporate—$60 000; (b) in the case of a natural person—$30 000. (10) A person must not hinder or obstruct a person complying with a notice under this section. Maximum penalty: $25 000. 31—Action on non‑compliance with notice (1) If the requirements of a nuisance abatement notice or litter abatement notice issued by the Minister or a council are not complied with, the Minister or council may take any action required by the notice. (2) Action to be taken under subsection (1) may be taken on behalf of the Minister or council by an authorised officer or another person authorised by the Minister or council for the purpose. (3) If a person other than an authorised officer is authorised to take action under subsection (2), the following provisions apply: (a) the Minister or council must issue the person with an instrument of authority; (b) the person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection; (c) the provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer; (d) the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer. (4) A person taking action under this section may enter any relevant premises or vehicle at any reasonable time. (5) The reasonable costs and expenses incurred by the Minister or a council in taking action under this section may be recovered by the Minister or council as a debt from the person who failed to comply with the requirements of the notice. (6) If an amount is recoverable from a person under this section, the Minister or council may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid. (7) In addition, if an amount recoverable under this section relates to action taken in relation to any land owned by the person to whom the notice was issued (including a building or other structure on such land), the amount will be a charge on the land in favour of the Minister or council in accordance with a scheme prescribed by the regulations (with a priority determined in accordance with the regulations). 32—Appeals (1) A person who has been issued with a nuisance abatement notice or litter abatement notice may appeal to the Environment, Resources and Development Court against the notice. (2) An appeal— (a) must be instituted within 14 days after the notice is served on the person (or such longer period as the Court allows); and (b) must be made in a manner and form determined by the Court, setting out the grounds of the appeal. (3) An appeal must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to the appeal). (4) The Minister or a council is entitled to be a party to any proceedings under this section.