THE PUBLIC HEALTH ACT

REGULATIONS

(under section 14)

The Public Health (Nuisance) Regulation 1995

(Made by the Minister on the 18th day of April 1995)
[1st May 1995]

1. These Regulations may be cited as the Public Health (Nuisance) Regulations, 1995.

2. In these Regulations"nuisance" includes any nuisance specified in the First Schedule.

3.-(1) No person shall cause or permit a nuisance on any premises owned or occupied by him.

(2) No person shall cause a nuisance on any premises or aid and abet any other person to cause or permit a nuisance on any premises.

4.-(1) A Medical Officer (Health), a Public Health Inspector or any person authorized by the Minister in writing in that behalf (hereinafter referred to as an "authorized person") or a Local Board may, on becoming aware of the existence of a nuisance on any premises, serve on the owner or occupier of the premises or on the person causing or permitting the nuisance, a notice in writing in the form set out in the Second Schedule requiring the owner, occupier or person

(a) to ab& the nuisance within such reasonable time not being more than the days as may be specified in the notice; and

(b) to perform such act as the Medical Officer (Health), the Public Health Inspector, an authorized person or Local Board considers to be reasonably required to abate or prevent the recurrence of the nuisance.

(2) Where a person, without reasonable cause, fails to comply with the requirements specified in the notice under paragraph (I), the Medical Officer (Health), the Public Health Inspector or authorized person shall make a report in writing to the Local Board and the Local Board may authorize in writing any person to enter upon the premises and do such things as are necessary to abate or prevent a recurrence of the nuisance.

(3) Any person authorized in that behalf by the Minister or a Local Board may institute legal proceedings against any person for non-compliance with the notice and such authorized person may prosecute or conduct such proceedings.

5. Any expenses incurred by the Local Board under paragraph (2) of regulation 4 in abating or preventing a recurrence of the nuisance may be recovered from the owner of the premises in the Resident Magistrate's Court as a civil debt due to the Crown, or if there is more than one owner, from the owners thereof in such shares as the Resident Magistrate may determine to be just and equitable.

6. A person who fails to comply with a notice under regulation 4(1) commits an offence and is liable on summary conviction in a Resident Magistrate's Court-

(a) in the case of a first conviction, to a fine not exceeding fitly thousand dollars or to imprisonment for a term not exceeding twelve months; or

(b) in the case of a second or subsequent conviction, to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding twelve months.

 

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