Document ID: chunk:federal_register_of_legislation:F2018N00131:body:0:p21
Version: federal_register_of_legislation:F2018N00131
Segment Type: other
Provision Reference: 
Character Range: 54923–57567

6.1.2 An owner or occupier of premises shall not place, throw or leave, or permit or cause to be placed, thrown or left in, on or about the premises any matter or thing which is liable to attract or be a breeding place for flies, unless that matter or thing is covered, protected, treated or dealt with in such a manner as to effectively prevent it from attracting or being a breeding place for flies.

Measures to be taken by an occupier
6.1.3 An owner or occupier of premises shall ensure where possible and practical that;
(a) rubbish receptacles are kept clean and tightly sealed at all times except when refuse is being deposited or emptied;
(b) food scraps and uneaten pet food are wrapped tightly and deposited in a rubbish receptacle without delay;
       (c) lawn clippings used on gardens as mulch are raked out thinly;
       (d) fertilisers are dug well into the soil;
       (e) compost heaps are kept well covered;
       (f) barbecues are kept clean and free from food scraps;
       (g) anything that is buried and may attract or be a breeding place for flies is covered with at least 100 millimetres of soil; and
       (h) excrement from pets is collected and properly disposed of without delay.

Officer may give notice directing measures to be taken
6.1.4 Where in the opinion of an EHO, flies are prevalent or are breeding on any premises, the EHO may give to the owner or occupier of the premises notice in writing directing him or her to take, within the time specified in the notice, such measures as in the opinion of the EHO are necessary to;
       (a) control the prevalence;
       (b) effect the eradication; or
       (c) effectively prevent the breeding of flies.

Local government may execute work and recover costs
6.1.5
    (1)  Where;
       (a) a person is required under this Division or directed by a notice given under section 6.1.4, to execute any work; and
       (b) that person fails or neglects to comply with the requirement, the local government may execute the work and may recover from that person the cost of executing the work, in addition to any penalty for which that person may be liable under these local laws.
    (2)  The costs and expenses incurred by the local government in the execution of a power under subsection (1) may be recovered in a court of competent jurisdiction from the person referred to in subsection (1).
    (3)  The local government shall not be liable to pay compensation or damages of any kind to the owner or occupier of premises in relation to any action taken by the local government under this Section, except to the extent the person has suffered unreasonable