s.9Power of Court to make abatement or closing order
9
Section 9Part 3 — Nuisances

Power of Court to make abatement or closing order

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9. (1) If — Public Health Act (2026 Revision) Section 9 c Revised as at 31st December, 2025 Page 15
the person on whom a notice to abate a nuisance has been served under section 8 makes default in complying with any of the requisitions thereof within the time and date specified; or
the nuisance, although abated since the service of the notice, is in the opinion of the Chief Environmental Health Officer likely to recur on the same premises, on complaint by the Chief Environmental Health Officer or the Senior Medical Officer of Health the Court may make on such person an order (hereinafter in this Act referred to as a “nuisance order”).
A nuisance order may be an abatement order or a closing order.
An abatement order may require a person to comply with all or any of the requisitions in the notice, or otherwise to abate the nuisance within the time and date specified in the order.
An abatement order shall, if the person on whom the order is made so requires, or the Court considers it desirable, specify the works to be executed by such person for the purpose of abating the nuisance.
A closing order may prohibit a dwelling-house from being used for human habitation.
If any person can establish to the reasonable satisfaction of the Chief Medical Officer that —
that person is as the result of a closing order relating to a dwelling-house unable to continue to reside therein;
that person was residing in that dwelling-house at the time when the notice to abate the nuisance to which such closing order relates was served; and
by reason of lack of means, illness or other sufficient cause that person neither has been, or is, able to obtain accommodation elsewhere, the Chief Medical Officer shall use their best endeavours to obtain such suitable accommodation.
A closing order shall only be made where it is proved to the satisfaction of the Court that by reason of a nuisance a dwelling-house is unfit for human habitation and, if such proof is given, the Court shall make a closing order.
The Court, when satisfied that the dwelling-house has been rendered fit for human habitation, may declare that it is so satisfied and cancel the closing order.
Whoever fails to comply with a nuisance order with respect to the abatement of a nuisance, unless that person satisfies the Court that that person has used all due diligence to carry out such order, commits an offence and is liable on conviction to a fine of five hundred dollars and to a further fine of fifty dollars for each day during which that person continues to make such default. Section 10 Public Health Act (2026 Revision) Page 16 Revised as at 31st December, 2025 c
Whoever knowingly and wilfully acts contrary to a closing order commits an offence and is liable on conviction to a fine of fifty dollars a day during the period of such contrary action.
Subject to sections 62 and 63, in the cases mentioned in subsections (9) and (10), the Chief Environmental Health Officer or any person authorised by that person in writing in that behalf may enter the premises to which a nuisance order relates and abate or remove the nuisance and do whatever is necessary in the execution of such order and the costs and expenses thereby incurred shall be paid by the person in default.
In case of nuisances caused by the act or default of the owner of premises, such costs and expenses, together with any costs and expenses which the Court orders such owner to pay, shall be deemed to be costs and expenses to which section 61 applies and shall be recoverable under that section.

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