PUBLIC AND ENVIRONMENTAL HEALTH ACT 2011 - SECT 29 Issue of public health notice

PUBLIC AND ENVIRONMENTAL HEALTH ACT 2011 - SECT 29

    (1)     The CHO may issue a notice (a public health notice ) to a person if the CHO reasonably believes:

        (a)     the person is the occupier of a place where:

            (i)     an activity is being carried on that contravenes, or is likely to contravene, this Act; or

            (ii)     an activity has been carried on that contravened this Act; and it is likely the contravention will be repeated; or

            (iii)     the source of a public health nuisance exists, or emanates from; or

        (b)     the person:

            (i)     is carrying on an activity that contravenes, or is likely to contravene, this Act; or

            (ii)     has carried on an activity that contravened this Act and it is likely the person will repeat the contravention; or

            (iii)     is engaging in conduct that is the source of a public health nuisance.

    (2)     The notice must state the following:

        (a)     the reasons the CHO has issued the notice;

        (b)     the person must rectify the circumstances that gave rise to the notice;

        (c)     the period within which the person must comply with the notice;

        (d)     if the CHO considers it appropriate – the action recommended (but not required) to be taken;

        (e)     the procedures for review and appeal under Part 8.

    (3)     An activity may contravene or be likely to contravene this Act because of the way the activity is being carried out.