Section 61: Sanitation and abatement of nuisance

61. Sanitation and abatement of nuisance (1) Subject to any enactment relating to buildings, drains, quarantine, drainage or waste water, a Municipal City Council, Municipal Town Council or District Council may take measures for the construction, repair, maintenance, cleaning and general care of all drains, sewers, gutters and cross gutters in the area falling within its jurisdiction. (2) Nothing in this section shall affect the operation of the Waste Water Management Authority and the control of the waste water system and, subject to section 62, a Municipal City Council, Municipal Town Council or District Council shall not object to, oppose or hinder any digging or other works consequent thereon or incidental thereto, where notice has been duly given to the Municipal City Council, Municipal Town Council or District Council. (3) A Municipal City Council, Municipal Town Council or District Council shall have the power to authorise the construction of drains in privately owned land where storm water accumulates and represents flooding risks. (4) Except where way leave is given to a Municipal City Council, Municipal Town Council or District Council, the onus to keep the drains inside private properties clean shall be the responsibility of the owners. (5) A Municipal City Council, Municipal Town Council or District Council shall have the power to cause any obstruction to be removed from any watercourse likely to cause flooding. (6) In the discharge of its functions, a Municipal City Council, Municipal Town Council or District Council shall ensure that the owner or occupier of— (a) premises, including flats, vacant premises or wasteland, takes necessary measures to keep those premises, including drains found on private property, clean and free from waste, undergrowth or noisome vegetation at all times; and (b) wasteland takes necessary measures to keep the wasteland properly fenced. [S. 61 amended by s. 27 (a) of Act 27 of 2013 w.e.f. 21 December 2013.] (7) Notwithstanding the Environment Protection Act, where any waste is deposited on any land within the jurisdiction area of a Municipal City Council, Municipal Town Council or District Council or is in contravention of this Act, L18 – 39 [Issue 6] Local Government Act the Municipal City Council, Municipal Town Council or District Council shall serve a notice to the occupier of the land requiring him to— (a) remove the waste forthwith or within a period specified in the notice, not exceeding 15 days as from the date of service of the notice; (b) take, within a specified period, such steps as are specified in the notice with a view to eliminating or reducing the consequences of the deposit of the waste. (8) A Municipal City Council, Municipal Town Council or District Council may remove any type of waste that is deposited on any premises or take such other steps— (a) where it considers that such waste has to be removed to eliminate or reduce the consequences of the deposit of it and take action to prevent pollution of the environment or which may represent danger to human, animal or plant life; or (b) where the owner of the premises in question is untraceable. (9) Where bareland or any abandoned premises constitutes, or is likely to constitute, a threat to public health, and where the owner of the bareland or premises, is untraceable, an officer of a Municipal City Council, Municipal Town Council or District Council may enter the bareland or premises and cause all necessary works for the cleani t pollution of the environment or which may represent danger to human, animal or plant life; or (b) where the owner of the premises in question is untraceable. (9) Where bareland or any abandoned premises constitutes, or is likely to constitute, a threat to public health, and where the owner of the bareland or premises, is untraceable, an officer of a Municipal City Council, Municipal Town Council or District Council may enter the bareland or premises and cause all necessary works for the cleaning of the land or premise and removal and disposal of all undergrowth, waste and any other material that may be found thereupon. (10) (a) Where a Municipal City Council, Municipal Town Council or District Council exercises its powers under subsection (8) or (9) in respect of any land, it shall be entitled to recover the costs of the work done from the owner or occupier. (b) The costs referred to in paragraph (a) shall stand as a civil debt to the account of the owner or occupier. (11) No person shall deposit, or cause or allow to be deposited, any household or commercial waste, litter, vehicle wreck, excavation or builder’s rubble, household furniture, animal carcass or any other material whether liquid or solid, on any street, pavement, bareland, vacant premises, drain, canal, rivulet, river, stream, reservoir or any public place. (12) A Municipal City Council, Municipal Town Council or District Council shall, on request, submit to the Permanent Secretary, a report of the wastelands cleared and of waste collected in accordance with this Part, and the report shall include details of— (a) the premises which have been cleared or from which waste has been collected; (b) the types and volume or the quantity of waste; and (c) the costs incurred. (13) (a) No person shall deposit or cause or allow to be deposited any building material on a street, pavement, bareland, vacant premises or any public place, unless he holds the appropriate written authorisation from the Municipal City Council, Municipal Town Council or District Council authorising him to do so. [Issue 6] L18 – 40 Revised Laws of Mauritius (b) Where the authorisation is obtained, the deposit or stacking should be in strict conformity with the terms and conditions of the authorisation. (14) The owner or occupier of any premises shall trim, or cause to be trimmed, in height and thickness, perpendicular to the inward edge of the footway, any hedge projecting on any street so as to allow a free passage. (15) Where a Municipal City Council, Municipal Town Council or District Council considers that any nuisance exists on, or in respect of, any road, bridge, building or other place within its jurisdiction area and abatement thereof is required in the interest of public health, the Council shall, by order in writing, call upon the person causing the nuisance to abate that nuisance or to carry out required works which should commence within such time as may be fixed by the council. (16) In this section— “nuisance” has the same meaning as in section 18 of the Public Health Act. ce” has the same meaning as in section 18 of the Public Health Act.