Body Corporate and Community Management Act 1997
sec.167Nuisances
Start here
Get a plain-English read of sec.167
Turn the raw legal text into a practical explanation grounded in Body Corporate and Community Management Act 1997.
sec.167 Nuisances
The occupier of a lot included in a community titles scheme must not use, or permit the use of, the lot or the common property in a way that— causes a nuisance or hazard; or interferes unreasonably with the use or enjoyment of another lot included in the scheme; or interferes unreasonably with the use or enjoyment of the common property by a person who is lawfully on the common property. Without limiting subsection (1) , the occupier contravenes this section if— the occupier regularly uses, or regularly permits an invitee to use, a smoking product on the lot or the common property of the scheme; and an occupier of another lot or an invitee of the occupier of the other lot, or a person who is lawfully on the common property, is regularly exposed to the smoke or emission from the smoking product— in the other lot; or on the common property. s 167 amd 2023 No. 29 s 10 (sec.167-ssec.1) The occupier of a lot included in a community titles scheme must not use, or permit the use of, the lot or the common property in a way that— causes a nuisance or hazard; or interferes unreasonably with the use or enjoyment of another lot included in the scheme; or interferes unreasonably with the use or enjoyment of the common property by a person who is lawfully on the common property. (sec.167-ssec.2) Without limiting subsection (1) , the occupier contravenes this section if— the occupier regularly uses, or regularly permits an invitee to use, a smoking product on the lot or the common property of the scheme; and an occupier of another lot or an invitee of the occupier of the other lot, or a person who is lawfully on the common property, is regularly exposed to the smoke or emission from the smoking product— in the other lot; or on the common property.
- (a) causes a nuisance or hazard; or
- (b) interferes unreasonably with the use or enjoyment of another lot included in the scheme; or
- (c) interferes unreasonably with the use or enjoyment of the common property by a person who is lawfully on the common property.
- (a) the occupier regularly uses, or regularly permits an invitee to use, a smoking product on the lot or the common property of the scheme; and
- (b) an occupier of another lot or an invitee of the occupier of the other lot, or a person who is lawfully on the common property, is regularly exposed to the smoke or emission from the smoking product— (i) in the other lot; or (ii) on the common property.
- (i) in the other lot; or
- (ii) on the common property.
- (i) in the other lot; or
- (ii) on the common property.