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Statute Law: The Public Health And Wellbeing Act

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Statute law also deals with nuisances. The Public Health and Wellbeing Act 2008 (Vic) (“PHWA“) applies to any nuisances that are, or may be, dangerous to health or expressly provides that a nuisance includes any noise that is or is liable to be dangerous to health or noxious, annoying or injurious to personal comfort. The PHWA places a duty on a local council to deal with, as far as possible, all nuisances within its municipal district. It is an offence for a person to create a nuisance, with a maximum penalty of 120 pu (s 61). If a noise problem amounts to a nuisance within the terms of this Act, residents should lodge a complaint with the council. A council must investigate the complaint and either take action itself or, if it believes
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