Destruction of Disease-Bearing Insects Act 1975 · s 19

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19.
Duty of owner and occupier to protect works for preventing the breeding of disease-bearing insects
(1) Where the Director General or a Medical Officer of Health or any local authority or any department of the Federal Government or Government of any State has constructed any works with the object of preventing the breeding of disease-bearing insects, the owner and the occupier of the premises on which the works stand shall prevent the premises from being used in any manner whatsoever that is likely to cause the deterioration of, or to lessen the efficiency of the works.
(2) Where any premises are used in such a manner as to cause the deterioration of, or to lessen the full effeciency of, such works, the owner and the occupier of the premises shall, subject to the provisions of subsection (4), be guilty of an offence under this Act and the Director General or a Medical Officer of Health may enter the premises and execute any necessary repairs or work thereon and notwithstanding any written law recover from the person convicted, in the same manner as if it were a fine imposed by a
Magistrateís court, such costs and expenses as were thereby incurred.
(3) Before any proceedings are taken under this section, written notice shall be given by the Director General or a Medical Officer of Health to the owner or occupier, as the case may be, specifying what the Director General or the Medical Officer of Health requires to be done or not to be done and giving such time as the Director
General or the Medical Officer of Health deems necessary for compliance therewith.
(4) If the owner of the premises is by reason of any legal contract (not being a contract made with an intention to evade liability under this section) prevented from entering the premises to carry out the duties and obligations mentioned in subsection (1), he shall not be liable to the penalty mentioned in subsection (2), unless it can be shown that he has contributed in any way to the refusal or failure of the occupier to carry out such duties and obligations.

Destruction of Disease-Bearing Insects 19

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s 19Duty of owner and occupier to protect works for preventing the breeding of disease-bearing insects

(1)

Where the Director General or a Medical Officer of Health or any local authority or any department of the Federal Government or Government of any State has constructed any works with the object of preventing the breeding of disease-bearing insects, the owner and the occupier of the premises on which the works stand shall prevent the premises from being used in any manner whatsoever that is likely to cause the deterioration of, or to lessen the efficiency of the works.

(2)

Where any premises are used in such a manner as to cause the deterioration of, or to lessen the full effeciency of, such works, the owner and the occupier of the premises shall, subject to the provisions of subsection (4), be guilty of an offence under this Act and the Director General or a Medical Officer of Health may enter the premises and execute any necessary repairs or work thereon and notwithstanding any written law recover from the person convicted, in the same manner as if it were a fine imposed by a

Magistrateís court, such costs and expenses as were thereby incurred.

(3)

Before any proceedings are taken under this section, written notice shall be given by the Director General or a Medical Officer of Health to the owner or occupier, as the case may be, specifying what the Director General or the Medical Officer of Health requires to be done or not to be done and giving such time as the Director

General or the Medical Officer of Health deems necessary for compliance therewith.

(4)

If the owner of the premises is by reason of any legal contract (not being a contract made with an intention to evade liability under this section) prevented from entering the premises to carry out the duties and obligations mentioned in subsection (1), he shall not be liable to the penalty mentioned in subsection (2), unless it can be shown that he has contributed in any way to the refusal or failure of the occupier to carry out such duties and obligations.

Destruction of Disease-Bearing Insects 19