New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 49

49 Failure to comply with directions

(1) If the directions given in a notice served under section 48 are not complied with:

(a) the Director-General, if the notice was served by the Director-General, or

(b) the local authority that served the notice,

may make arrangements for the doing of such work as may be necessary in order to comply with the requirements of the notice other than the time required for compliance.

(2) An employee assigned, or contractor engaged, by the Director-General or a local authority to do any work on regulated premises in accordance with those arrangements may, at any reasonable time, enter the premises and do the work or have it done.

(3) An amount equal to the cost of carrying out work in accordance with those arrangements may be recovered from the occupier of the premises:

(a) as a debt due to the Crown if the arrangements were made by the Director-General, or

(b) as a debt due to the local authority if the arrangements were made by the local authority.

(4) An occupier of regulated premises is guilty of an offence if a regulated system on the premises is operated in contravention of a direction given in a notice served on the occupier under this section.

(5) Section 72 (Powers of entry) applies in relation to the exercise of the powers of entry on premises conferred by this section.