According to Section 124 of the NSW Local Government Act 1993, the Local government can issue orders to local parties in order to take certain actions for infringements under other acts. These other acts include the Food Act 2003, Protection of Entrainment Act 1997, Public Health Act 1991, Roads Act 1993, and the Swimming Pool Act 1992. This is a violation under the Protection of Environment Act 1997, wherein the individual is causing damage to the environment. For this, he can be served a notice to ensure that the individual takes measures in order to protect the environment.
As the individual is residing in Melbourne, the Local Government Act 1993 would also apply. The local authorities can give an order to the owner take action in altering or modifying the building or the land which is a part of the property so that pollution of water does not occur. Under this act, the owner of the property would be responsible. The owner would have to immediately comply with the order as it is an issue in which public health is at stake. The Statue also gives a chance for the occupier of the property to comply with the order.
Under section 147 of the Act, if the occupier of the premises complies with the order, she can deduct the cost of the complying with the order from the rent that is being paid to the owner. This is because it is the owner’s responsibility to ensure that the premises do not cause any hazard to public health. The punishment for not fulfilling the order within the given period of time is severe under the Act. The specifications of the PHA 2005 and Environmental Protection Act 1994 would apply to ensure that the owner is held responsible for the harm caused to the environment.
However, since the owner is a resident of Melbourne and is currently not in the state of Queensland, the Local Government Act 1993 (NSW & Queensland) would apply. The owner can be served a notice under the LGA 1993 to ensure that he repairs his property and prevents further degradation of the environment. Under the PHA 2005 and the EPA 1994, the state authorities have to right to enter any property and take examination of any situation in which harm to the environment and/or public health is caused.
Once, it is recognised that the damage is caused from the owner’s fault; a notice would be prepared under PHA 2005, EPA 1994 and LGA 1993 and sent to the owner’s respective address. The Environmental Health Officer should also make efforts to motivate the occupier to repair the property immediately and to claim the refund from the owner. In this way the environmental damage can be prevented immediately. The owner would be given certain amount of time to comply with the order. If the owner is not able to comply with the order within the stipulated period of time, then a fine and/or imprisonment would apply.
References: New South Wales Consolidated Acts (2008), Local Government Act 1993, [Online], Available: http://www. austlii. edu. au/au/legis/nsw/consol_act/lga1993182/, [Accessed on: 2008, May 27]. Queensland Government (2008), Local Laws Database, [Online], Available: http://www. lgp. qld. gov. au/? id=134, [Accessed on: 2008, May 27]. Sunshine Coast Regional Council (2008). Council laws and regulations, [Online], Available: http://www. caloundra. qld. gov. au/website/cityCouncil/cityCouncil/laws_regs. asp#about, [Accessed on: 2008, May 27].