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Provision as to appeal against order

Environmental Public Health Act

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—(1) Where a person appeals to the High Court against a nuisance order or a mandatory order, no liability to a fine shall arise nor, save as in this section mentioned, shall any proceedings be taken or work done under such order until after the determination or abandonment of the appeal.(2) There shall be no appeal to the High Court against a nuisance order, unless it is or includes a prohibition or closing order or requires the execution of structural works.(3) Where a nuisance order or mandatory order is made and a person does not comply with it and appeals against it to the High Court and such appeal is dismissed or is abandoned, the appellant shall be liable on conviction to a fine not exceeding $100 a day during the non-compliance with the order, unless he satisfies the Court before which proceedings are taken for imposing a fine that there was substantial ground for the appeal and that the appeal was not brought merely for the purpose of delay and, where the appeal is heard by the High Court, that Court may, on dismissing the appeal, impose the fine as if the Court were the Court before which the summons was returnable.(4) Where a nuisance order or mandatory order is made on any person and appealed against and the Court which made the order is of the opinion that the continuance of the nuisance or the non-execution of the mandatory order will be injurious or dangerous to health and that the immediate abatement thereof will not cause any injury which cannot be compensated by damages, such Court may authorise the Commissioner immediately to abate the nuisance or execute the work.(5) The Commissioner, if he does so and the appeal is successful, shall pay the cost of such abatement and the damages, if any, sustained by the said person by reason of such abatement, but if the appeal is dismissed or abandoned, the Commissioner may recover the cost of the abatement from that person, and if that person is the owner of the premises in respect of which the order is made, section 124 shall apply to any sum recoverable from him hereunder and in any other case section 121 shall apply thereto.[118

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