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Public Health Act 1997
73Abatement orders
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73 Abatement orders
(1) The chief health officer may apply to the Magistrates Court for either
of the following orders in relation to a person to whom an abatement
notice has been issued:
(a) an order that the person—
(i) comply with the notice; and
(ii) undertake stated action, or cease or refrain from
undertaking stated action, to prevent any recurrence of the
insanitary condition;
(b) if the insanitary condition has been removed but is likely to
recur—an order that the person undertake stated action, or cease
or refrain from undertaking stated action, to prevent any
recurrence of the insanitary condition.
the alleged insanitary condition.
relation to the application submitted by the parties, the court may
make any of the following orders in relation to the person to whom
the abatement notice was issued:
(a) that the person comply with the notice within a period specified
in the order;
(b) that in order to prevent the recurrence of the insanitary
condition, the person undertake any specified action, or cease or
refrain from undertaking any specified action, within a period
(i) for an individual (other than a utility)—$5 000; or
(ii) for a corporation (other than a utility)—$25 000; or
(iii) for a utility who is an individual—$100 000; or
(iv) for a utility that is a corporation—$500 000.
(b), an authorised officer may, after the expiration of the compliance
period specified in the order, using such reasonable force and
do whatever is necessary to implement the order.
(6) Subsection (7) applies if—
(a) an order is made under subsection (3) (a) or (b) in relation to a
person to whom an abatement notice was issued; and
(b) within 12 months after the order was made, the insanitary
condition recurs.
(7) The chief health officer may apply under subsection (1) for another
order in relation to the person.
(8) Any costs or expenses incurred by the Territory in implementing, or
(9) The Magistrates Court may revoke an order under subsection (3) (a)