PUBLIC AND ENVIRONMENTAL HEALTH ACT 2011 (NO 7 OF 2011) - SECT 26 Causing or permitting public health nuisance
PUBLIC AND ENVIRONMENTAL HEALTH ACT 2011 (NO 7 OF 2011) - SECT 26
Causing or permitting public health nuisance(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in a public health nuisance.
Fault elements:
The person:
(a) intentionally engages in the conduct; and
(b) is reckless as to whether the conduct will result in a public health nuisance.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person is an occupier of a place; and
(b) the source of a public health nuisance exists at, or emanates from, the place; and
(c) the occupier fails to prevent or remove the source.
Fault elements:
The person:
(a) knows the source of the nuisance exists at, or emanates from, the place; and
(b) intentionally fails to prevent or remove the source.
Maximum penalty: 400 penalty units or imprisonment for 2 years.