Part 5BUILDING, DEVELOPMENT AND LAND CARE

PART 5—BUILDING, DEVELOPMENT AND LAND CARE 5.1 Application of this Part This Part applies only within the townsites. 5.2 Provision of refuse receptacles The owner or occupier of a building site or development site shall at all times provide and maintain a refuse receptacle, available for use on the site, which includes a suitable cover, to the satisfaction of an authorised person, of such design as will— (a) contain any refuse likely to be produced on the site; and (b) prevent refuse being blown from the receptacle by wind. 5.3 Control of refuse (1) From the time of commencement of works on a building site or development site until the time of completion of such work, the owner or occupier of the site shall— (a) ensure all refuse on the site is placed and contained in the refuse receptacle and prevented from being blown from the site by wind; (b) keep the site free from any refuse; (c) maintain the verge, footpath and any other reserve, immediately adjacent to the site, free of refuse from the site; and (d) ensure the refuse receptacle is emptied when full. (2) The owner or occupier of a building site or development site shall ensure that within 2 days of completion of works on the site, the site and the verge and footpath immediately adjacent to it, is cleared of all refuse and all refuse receptacles are removed from the site. 5.4 Prohibited activities for prevention of dust and liquid waste (1) An owner and or occupier of land must take reasonable steps or measures to— (a) stabilise dust on the land; (b) contain all liquid waste on the land; and (c) ensure no dust or liquid waste is released or escapes from the land, whether by means of wind, water or any other cause. (2) Subclause (1)(c) does not apply to land where the primary activity is broad acre farming. (3) Where the local government forms the opinion that an owner or occupier has not complied with subclause (1) the local government may give written notice requiring the owner and or occupier to do one or more of the following— (a) comply with subclause (1)(a) or (1)(b); (b) clean up and properly dispose of any released or escaped dust or liquid waste; (c) clean up and make good any damage resulting from the released or escaped dust or liquid waste; and (d) take effective measures to stop any further release or escape of dust or liquid waste. (4) Where written notice is issued under subclause (3), the requirements of the notice must be complied with in the period as is specified in the notice. (5) Where the local government forms the opinion that dust or liquid waste has escaped or has been released from an activity undertaken on land or as a consequence of the use of equipment on land, the local government may give written notice requiring that the activity or use of equipment on the land be ceased immediately, for such period as is specified in the notice on— (a) any owner or occupier of the land; or (b) any operator of equipment on the land. (6) Where the local government is of the opinion that dust or liquid waste may be released or escape as a result of an activity which is likely to be carried out from any land, the local government may give to the owner and or occupier written notice providing that the activity may only be carried on subject to conditions specified in the notice.