Health Act 1911
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Reprinted under the Reprints Act 1984 as |
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Western Australia
Health Act 1911
CONTENTS
Part I — Preliminary
1. Short title and commencement 2
3. Terms used in this Act 2
5. Savings 12
6. Power to suspend operation of Act 13
Part II — Administration
Division 1 — The Minister, CEO and officers of Public Health
7. Minister 14
8. Minister to be body corporate 14
12. Powers of Executive Director, Public Health and officers 15
13. Inquiries 15
14. Powers of persons directed to make inquiries 16
15. Power of Executive Director, Public Health to act in emergencies 16
16. Executive Director, Public Health may act where no local government 17
17. Expenditure to be paid out of appropriated moneys 17
Division 2 — Local governments
22. Annexation 17
25. District may include water 18
26. Powers of local government 18
27. Officers of local government 19
28. Appointments to be approved 20
29. Executive Director, Public Health may appoint if local government neglects to do so 20
30. Local governments may join in appointing officers 20
31. Qualifications of environmental health officers 21
32. Removal of officers 22
33. Medical officer may direct and exercise powers of environmental health officer 23
34. Reports by medical officer of health 23
35. Proceedings on default of local government 23
36. Review of orders and decisions of local governments 25
38. Local governments to report annually 25
Division 3 — The exercise of ministerial control
39. Powers of the Minister 25
Part III — Financial
40. Power to levy general health rate 27
41. Sanitary rate 28
42. Supplementary rates 28
44. Borrowing powers 29
45. Special loan rate 30
46. Application of rating provisions of Local Government Act 1995 31
47. Health rate to be regarded in determining borrowing powers32
48. Time for giving notice of rate may be extended 32
49. Accounts and audit 32
52. Financial adjustment 33
Part IV — Sanitary provisions
Division 1 — Sewerage and drainage schemes
53. Sewers vested in local government 34
54. Power of local government to construct and maintain sewers34
55. Governor’s approval necessary to all schemes 35
56. Power to do acts preliminary to formulating scheme 36
57. Notice of plans and specifications 36
58. Objections 37
59. Copies of plans and specifications to be available for inspection 38
60. Conditions on which Minister may recommend scheme to Governor 38
61. Apportionment of costs and maintenance of joint schemes 39
62. Powers of local government in carrying out works 39
63. Recovery of cost of limited schemes from owners of premises served 41
63A. Interpretation 41
64. Agreements for recouping costs and paying maintenance in case of limited schemes 42
65. Power to acquire land 44
66. Duty of local government where street broken up 45
67. Interfering with works of other authorities 45
68. Alteration of sewerage works 46
69. Ventilating shafts etc. may be attached to walls and buildings46
70. Maps of systems to be kept 47
71. Sewers to be kept cleansed 47
Division 2 — Connection of premises to drains and sewers of local government
72. Owners or occupiers may be compelled to connect premises when works complete 48
73. Notice to owner or occupier to carry out installation of fittings 48
74. Where the local government makes installations it may enter into agreements with persons responsible for payment of cost49
75. Right of owner or occupier to connect drains with sewer 50
76. Owner or occupier of land outside district may connect sewer on conditions imposed by local government50
77. Restrictions on construction or alteration of certain drains and fittings 51
78. Owner or occupier responsible for cleaning private drains 51
79. Obstructing or encroaching on sewers 52
80. Local government may enforce drainage of undrained houses 52
81. Owner may be required to connect premises with public sewer 53
82. Buildings without drains 54
82A. Where the local government makes connections with sewers it may enter into agreement with person responsible for payment of cost55
83. Making sewers and drains under private land 56
84. Recovery of expenses incurred by local government 57
85. Dwelling‑houses on low lying land 58
86. Filling up low lying land 58
87. Stagnant water holes 59
88. Stagnant water in cellars etc. 59
89. Paving and asphalting of cellars 60
90. Brickmaking and other excavations to be fenced 61
91. Storm water to be allowed its natural channel 61
92. Unauthorised building over sewers and under streets 62
93. Injurious matter not to pass into sewers 62
94. Chemical refuse, steam etc. not to be turned into sewers 63
Division 3 — Disposal of sewage
95. Disposing of sewage 63
96. Communication of sewers with sewers of adjoining district 64
97. Dealing with land appropriated to sewage purposes 64
98. Punishment for placing sewage in streets etc. 65
Division 4 — Sanitary conveniences
99. Houses to have sanitary conveniences 65
100. Provision of apparatus for the treatment of sewage 66
101. Sanitary conveniences for workshops etc. 68
102. Sanitary conveniences in connection with works 68
103. Persons to carry out sanitary work in certain cases 69
104. Earth‑closets 69
105. Public sanitary conveniences 69
106. Power to make pan charges 70
107. Drains, privies etc. to be properly kept 71
107A. Articles in use in construction or operation of sewers etc. to be of prescribed standard 73
108. Examination of drains etc. 73
109. Local government may require filling up of certain cesspools74
110. New cesspools for nightsoil forbidden 75
111. Local government may supply receptacles 75
Division 5 — Scavenging, cleansing, etc.
112. Local government to provide for removal of refuse and cleansing works 75
112A. Local government may prescribe part of district in which occupier of premises shall not remove rubbish without permission77
113. Power of contractor to recover 78
114. Obstruction or hindrance of certain works penalised 78
115. Disposal of refuse and waste matter 79
116. Procedure when local government undertakes work 79
117. Cleansing common courts and passages 80
118. Obtaining destructors etc. 81
119. Reserves for deposit of sewage, rubbish or refuse 81
120. Power to close depots 82
121. Building on sanitary depots 82
122. Provision for obtaining order for cleansing offensive watercourse or ditch on boundaries of districts83
123. Access to sanitary reserves 85
Division 6 — Yards, ways, passages, etc.
124. Power to require yards etc. to be paved 85
125. Power to require private streets, ways etc. to be paved 85
126. Penalty for default 86
127. Formation of rights‑of‑way 87
128. Recovery of expenses 87
Division 7 — Pollution of water
129. Pollution of water supply 88
130. Riparian rights 88
131. Sources of water supply may be closed 88
132. Power to seize and destroy pigs etc. trespassing on rivers etc. 89
Division 8 — Morgues
133. Local government may license morgues 90
Division 9 — Local laws
134. Local laws in respect of Part XIV 90
Part V — Dwellings
Division 1 — Houses unfit for occupation
135. Dwellings unfit for habitation 98
136. Such house not to be let or occupied 98
137. Condemned building to be amended or removed 98
138. Land to be cleaned up after removal of house or building therefrom 99
139. Owner may be required to clean or repair house 99
140. Local government may act in default of owner 99
141. Penalty for erecting buildings on ground filled up with offensive matter 100
142. Occupying cellar dwellings 100
143. Plans of buildings to be submitted to local government 101
144. Building not erected as dwelling not to be converted into one101
145. Medical officer may order house or things to be cleansed 102
Division 2 — Lodging‑houses
146. Registers of lodging‑houses 102
147. Registration 103
148. Conditions of registration 103
149. Notice of registration to be affixed 104
150. Supply of water 104
151. Cleansing of walls etc. 104
152. Notification of disease 104
153. Inspection 105
154. Offences by keepers 105
155. Conviction for third offence 105
156. Lodging‑house keepers to report deaths 106
157. Register of lodgers to be kept 106
158. Local laws in respect of lodging‑house 107
159. Evidence as to family in proceedings 108
Division 3 — Eating‑houses
160. Terms used in this Division 108
161. Operation of this Division 109
162. Eating‑houses to be registered and proprietors to be licensed110
163. Registration and licences to be annual 111
164. Eating‑houses may be classified 111
165. Power to grant, refuse and cancel registration of an eating‑house 112
166. Power to grant, refuse and cancel licences 113
167. Executive Director, Public Health may require local government to refuse or cancel registration or licence114
168. Registration to run with premises and licence personal to holder 115
169. Certificates of registration and licences to be in prescribed form 117
170. Cancellation of registration or licence 117
171. Local government may make requisitions regarding maintenance of eating‑houses 117
172. Local government may make local laws in respect of eating‑houses 118
Part VI — Public buildings
173. Terms used in this Part 121
174. Application to the Crown 122
175. Relationship to other laws 122
176. Approval of plans 123
177. Approval 124
178. Certificate of approval 124
179. Inspection and control of public buildings 125
180. Regulations 127
Part VII — Nuisances and offensive trades
Division 1 — Nuisances
181. Removal of offensive matter 129
182. Definition of nuisances 130
182A. Regulations as to section 182(13) 132
183. Immediate action in respect of nuisances 133
184. Mode of dealing with nuisances 133
185. Proceedings when nuisance caused by default outside district 134
Division 2 — Offensive trades
186. Term used in this Division 134
187. Consent necessary for establishing offensive trade 135
188. Penalty for breach 135
189. Penalty for illegally carrying on offensive trade 135
190. Local laws regulating offensive trades 135
191. Offensive trades to be registered 136
192. Local government may refuse to register or to renew registration 136
193. Power to restrict offensive trades to certain portions of proclaimed areas 137
194. Offensive trades 137
195. Construction, drainage and equipment of slaughter‑houses138
196. Slaughter‑houses to be kept in accordance with Act 138
197. No swine, dog or poultry to be kept at slaughter‑house 139
198. Swine not to be fed on raw offal etc. 139
Division 3 — Local laws
199. Local laws in respect of nuisances and offensive trades 139
200. Regulations as to medical examinations for persons in prescribed industries 142
Part VIIA — Animal produce, drugs, medicines, disinfectants, therapeutic substances and pesticides
Division 1 — Preliminary
202. Drug Advisory Committee 143
203. Registration of analysts 145
Division 2 — Slaughtering of animals and meat
203A. Meaning of “animal” in this Division 146
204. Power to inspect and seize food animals 146
205. Disposal of animals seized, or seized and carried away, for inspection 147
206. Officer acting under reasonable belief immune 149
207. Local laws as to premises where meat dealt with 149
Division 2A — Game meat
207A. Terms used in this Division 152
207B. Executive Director, Public Health may prohibit slaughter of game 153
207C. Slaughter of game 153
207D. Regulations 153
207E. Saving of other laws 156
Division 3 — Sale of horseflesh
208. Terms used in this Division 156
209. Restriction on slaughter of horses 156
210. Prohibition of sale, preparation or manufacture of horseflesh for human consumption 156
211. Prohibition of sale or possession of horseflesh from, at or on certain places and vehicles 157
212. Prohibition of sale of meat etc. from boiling down works 158
Division 3A — Pet meat
212A. Terms used in this Division 158
212B. Regulations as to pet meat 159
Division 4 — Milk and dairy produce
213. Meaning of “milk” in sections 214, 216 and 217 163
214. Contamination of milk 164
215. Dairy premises to be properly constructed 165
216. Supplier of milk to supply certain information in certain circumstances 165
217. Sale of milk 166
220. Local laws as to dairies 167
Division 5 — Drugs
221. Mixing drugs etc. with injurious ingredients for sale 169
222. Mixing for sale drugs to increase bulk 169
223. Sale of drugs not of nature, substance and quality demanded170
224. Labelled description 170
225. Employment of infected persons prohibited 171
226. Executive Director, Public Health, may examine and report on advertised drugs and appliances171
227. Sample of drug may be obtained for analysis 172
228. Power of medical officer of health, environmental health officer etc. in relation to drugs 175
229. The appointed standard or The British Pharmacopoeia to be standard 177
230. Right of recourse by accused in certain cases 177
231. Responsibility of manufacturer as well as that of seller of drugs 178
232. Liability of agent or employee 180
233. Unfit drug may be destroyed 181
234. Importation of adulterated drugs etc. 181
235. Drugs may be declared dangerous by Executive Director, Public Health 182
236. False trade description of drug 183
Division 6 — Medicines and disinfectants
237. Sale of patent or proprietary medicines may be prohibited 184
238. Publication of false statements concerning medicines etc. 185
239. Application of section 227 to disinfectants and pesticides 187
240. Disinfectants etc. 187
241. False trade description of disinfectant 187
Division 7 — Manufacture of therapeutic substances
242. Therapeutic substances to be manufactured on licensed premises 188
243. Duration of licences and licences to stipulate premises and be subject to conditions 189
244. Review of decision of Executive Director, Public Health 190
245. Regulations as to therapeutic substances 190
Division 8 — Pesticides
246. Meaning of “the Pesticides Advisory Committee” in this Division 191
246A. Crown bound, but Pharmacy Act 1964 and Poisons Act 1964 not affected by Division 8 191
246B. Pesticides Advisory Committee 191
246BA. General powers of Pesticides Advisory Committee 194
246C. Regulations relating to pesticides 194
Division 9 — Regulations
246D. Regulations as to Part VIIA 197
246E. Offence in case of uncertificated, unmarked or unbranded meat 200
246F. Meat inspection fees 201
246FA. Financial security may be required in respect of meat inspection fees 202
246FB. Meat inspection service may be withdrawn 203
Part VIII — Food generally
Division 1 — Preliminary
246G. Terms used in this Part 205
246H. Food Advisory Committee 209
246I. When food deemed to be adulterated 211
246J. Crown bound by Part VIII 213
246K. Power of Executive Director, Public Health, to make orders directed to local governments 213
Division 2 — Offences in connection with sale of food
246L. Prohibition on sale of certain food 214
246M. Prohibition on preparation for sale of certain food 214
246N. Prohibition on packing for sale of certain food 214
246O. Protection for purchasers of food 215
246P. Sale of food not complying with prescribed standard 215
246Q. False packing or labelling of food 216
246R. False advertising 216
246S. Advising use of artificial food for infants 217
246T. Prohibition of despatch of certain food 217
Division 3 — Labelling requirements
246U. Labelling requirements generally 217
246V. Further labelling requirements 218
Division 4 — Control of food cultivation, food premises, food vehicles, appliances and food vending machines
246W. Prohibition of cultivation etc. of food in certain circumstances 220
246X. Employment of infected persons on food premises or food vehicles or using appliances prohibited220
246Y. Food premises, food vehicles and appliances 221
246Z. Food vending machines 224
Division 5 — Enforcement and administration
246ZA. Food may be declared dangerous by Executive Director, Public Health 226
246ZB. Powers of environmental health officers 228
246ZC. Procedure on taking samples 231
246ZD. Offences with respect to environmental health officers and articles 234
246ZE. Duties of environmental health officer on seizure and detention of article 236
246ZF. Keeping and storage of certain articles 236
246ZG. Remedy in respect of articles seized 237
246ZH. Destruction or other disposal of seized food 237
246ZI. Liability for costs and expenses of storage or destruction or other disposal of seized article 238
246ZJ. Supply of results of analysis 239
246ZK. Prohibition of use of result of analysis for certain purposes239
246ZL. Power of delegation 239
246ZM. Secrecy 240
Division 6 — Miscellaneous provisions
246ZN. Defence in respect of food for export 241
246ZO. Liability of defendant for certain costs and expenses 241
246ZP. Power of court to order forfeiture 242
246ZQ. Disposal of articles forfeited 243
246ZR. Proceedings for offences 243
246ZS. Certificate of analyst to be evidence 244
246ZT. Independent analysis 245
246ZU. Protection of information and reports 246
246ZV. Liability for offence by employee 246
246ZW. Liability for offence by body corporate 247
246ZX. Right of accused to have third person before court 248
246ZY. Mode of service of documents 249
246ZZ. Evidentiary provisions 250
247. Regulations as to Part VIII 253
Part VIIIA — Analytical services
247A. Local Health Authorities Analytical Committee 255
247B. Meetings and procedure of Analytical Committee 257
247C. Powers and functions of Analytical Committee 257
247D. Participation in scheme by local governments 258
247E. Application of Financial Management Act 2006 and Auditor General Act 2006 259
247F. Regulations as to Part VIIIA 259
Part IX — Infectious diseases
Division 1 — General provisions
248. Infectious diseases may be declared dangerous 260
249. Local laws to prevent the spread of infectious disease 260
250. Power of local government to check infectious disease 261
251. Special powers when authorised by Minister 261
252. Assistance and co‑operation 264
253. Power to specifically enforce orders made under section 251 and to apprehend persons ordered into quarantine or isolation264
254. Executive Director, Public Health may delegate certain powers 265
255. Penalty for obstructing or refusing to comply with directions265
256. On default, work may be done at expense of offender 266
257. Power to enter on lands and do works 266
258. No personal liability 267
259. Compensation for building, animal, or thing destroyed 267
260. Power to require cleansing and disinfecting of building etc.268
261. Local government may provide for destroying or disinfecting infected things and provide vehicles269
262. Restrictions on use of such vehicles 270
263. Removal of persons suffering from infectious disease to hospital 271
264. Exposure of infected persons and things 272
265. Precautions when infected person enters public vehicle 272
266. Penalty for non‑compliance 273
267. Penalty for selling infected things or letting house where infected person is lodging 273
268. Ceasing to occupy houses without previous disinfection, or giving notice to owner making false answers274
269. Infected matter thrown into ashpits etc. to be disinfected 275
270. Temporary shelter etc. 275
271. Special sanitary service in typhoid cases 275
272. Work to be done to satisfaction of Executive Director, Public Health 275
273. Treatment and custody of lepers 276
274. Regulations as to spread of tuberculosis 277
275. Conscientious objection to vaccination 277
Division 2 — Notification of disease
276. Notification of infectious disease 278
276A. Notification of HIV infections or AIDS — additional requirements 279
277. List of out‑workers to be kept in certain trades 280
278. Employment of person in premises dangerous to health 281
279. Making of wearing apparel where there is any infectious disease 282
280. Prohibition of home work in places where there is infectious disease 282
282. Local governments to give effect to order of Executive Director, Public Health 283
283. Eruptive diseases to be reported 284
284. Medical practitioner to notify cases of tuberculosis 284
285. Infection in schools 284
286. Local government to report epidemic disease etc. to Executive Director, Public Health 285
287. Certain persons to report occurrence of infectious disease285
288. Monthly reports of infectious diseases 286
289. No liability for notifying etc. 286
Part IXA — Prevention and alleviation of certain non‑infectious disease processes and physical or functional abnormalities
289A. Objects of this Part 287
289B. Meaning of “prescribed condition of health” in this Part 287
289C. Regulation as to Part IXA 287
289D. Powers conferred by this Part are cumulative 288
Part X — Tuberculosis
290. Terms used in this Part 289
292. Notification by medical practitioner obligatory 289
293. X‑ray examination for tuberculosis 290
293A. Notice requiring persons to submit to X‑ray examination 290
294. Proceedings on complaint 291
295. Executive Director, Public Health may order discharge of a declared patient 295
296. Regulations as to Part X 295
Part XI — Venereal diseases and disorders affecting the generative organs
300. Notification of venereal disease 296
300A. Protection from suit in certain cases 297
306. Responsibility of parents and guardians of diseased persons under 16 297
307. Compulsory examination and treatment 298
309. Provision for examination of prisoners and persons in industrial schools 301
310. Penalty for conveying infection of venereal disease 302
311. State employed medical practitioners to treat venereal disease free of charge 303
312. Proceedings to be in camera 303
313. Prohibition of advertisements of cures of certain diseases 304
314. Secrecy to be preserved 305
316. Service of notices 306
Part XII — Hospitals
Division 1 — Public hospital
324. Local governments may establish or subsidise hospitals 307
324A. Power for CEO to enter into agreement for establishment of maternal and health centres and provide nursing staff etc.307
Part XIIA — Community health centres, etc.
330A. Land may be acquired or leased for community health centres 309
330B. Local governments may subsidise certain medical centres 309
Part XIII — Child health and preventive medicine
333. Regulations 311
334. Performance of abortions 311
335. Reports to be furnished 314
336. Death of a woman as the result of pregnancy or childbirth to be reported to the Executive Director, Public Health316
336A. Certain deaths of children to be reported to the Executive Director, Public Health 317
336B. Death of persons under anaesthetic to be reported to the Executive Director, Public Health319
337. Examination of school children 321
337A. Schools dental service 322
338. Parent or guardian to provide medical or surgical treatment for child in certain cases 323
338B. Prohibition of sale etc. of unsafe appliances 324
338C. Prohibition of sale etc. of unsafe toys 324
340. Local government may provide for immunisation 324
Part XIIIA — Maternal Mortality Committee
340A. Terms used in this Part 326
340B. Constitution and offices of Committee 326
340C. Appointment of deputies 327
340D. Nominations to be made to Minister 328
340E. Tenure of office 328
340F. When office of member becomes vacant 329
340G. Vacancies in offices of members to be filled 329
340H. Quorum 330
340I. Reimbursement of expenses of members of Committee 330
340J. Appointment of investigator 330
340K. Functions of Committee 331
340L. When report of investigator may be published 332
340M. Information given for research not to be disclosed 333
340N. Regulations as to Maternal Mortality Committee 333
Part XIIIB — Perinatal and Infant Mortality Committee
340AA. Terms used in this Part 335
340AB. Constitution and offices of Committee 335
340AC. Appointment of deputies 337
340AD. Nominations to be made to Minister 337
340AE. Tenure of office 338
340AF. When office of member becomes vacant 338
340AG. Vacancies in offices of members to be filled 339
340AH. Quorum 339
340AI. Reimbursement of expenses of members 340
340AJ. Appointment of investigator 340
340AK. Functions of Committee 340
340AL. When report may be published 342
340AM. Information for research not to be disclosed 343
340AN. Regulations as to Perinatal and Infant Mortality Committee344
Part XIIIC — Anaesthetic Mortality Committee
340BA. Terms used in this Part 345
340BB. Constitution and offices of Committee 345
340BC. Appointment of deputies 347
340BD. Nominations to be made to Minister 347
340BE. Tenure of office 348
340BF. When office of member becomes vacant 348
340BG. Vacancies in offices of members to be filled 349
340BH. Quorum 349
340BI. Reimbursement of expenses of members 350
340BJ. Appointment of investigator 350
340BK. Functions of Committee 350
340BL. When report may be published 352
340BM. Information for research not to be disclosed 352
340BN. Regulations as to Anaesthetic Mortality Committee 353
Part XIV — Regulations and local laws
341. Regulations 354
342. Local laws 354
343. Model local laws 355
343A. Regulations to operate as local laws 355
343B. Governor may amend or repeal local laws 356
344. Penalties, fees etc. 356
344A. Incorporation by reference 357
344B. Evidence of contents of standard etc. adopted 358
344C. Fees and charges may be fixed by resolution 358
345. Regulations to be confirmed 359
348. Evidence of local laws 360
348A. Proclamations etc. may be revoked or varied 360
Part XV — Miscellaneous provisions
349. Entry 362
350. Vessels 362
351. Obstructing execution of Act 363
352. Duty of police officers 364
353. Power to take possession of and lease land or premises on which expenses are due 365
354. Service of notice 365
355. Continued operation of notices and orders 367
356. Proof of ownership 367
357. Power to suspend or cancel licences 368
358. Prosecution of offences 369
359. No abatement 369
360. Penalties 369
361. General penalty 374
362. Proceedings for an offence 374
365. Protection against personal liability 375
366. No officer to be concerned in contract 375
367. Recovery of expenses from local government 376
368. Contribution 376
369. Liability of owner and occupier under requisition or order 377
370. Penalty if owner or occupier hinders the other 378
371. Money owing to local government to be a charge against land in certain cases 378
372. Provisions as to charge on land or premises 378
373. Reference to “owner” and “occupier” 379
374. Appearance of local governments in legal proceedings 380
375. Power to inspect register of births and deaths 380
376. Authentication of documents 381
377. Evidence 381
378. Regulations and local laws to be judicially noticed 383
Schedule 2 — Offensive trades
Schedule 3 — Specific matters and things with respect to which regulations may be made
Schedule 4 — Form of declaration
Schedule 5 — Penalties
Notes
Compilation table 395
Provisions that have not come into operation 405
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Reprinted under the Reprints Act 1984 as |
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Western Australia
Health Act 1911
An Act to consolidate and amend the law relating to public health.
Part I — Preliminary
1. Short title and commencement
(1) This Act may be cited as the Health Act 1911, and shall come into operation on a day to be fixed by proclamation, not being later than 6 months from the passing of this Act 1.
(2) The Governor may at any time after the passing of this Act make any such appointment of officers, to take effect upon the coming into operation of this Act, as he might have made if this Act had come into operation at the passing thereof.
[2. Repealed by No. 26 of 1985 s. 3.]
3.
(1) In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively —
“Agvet Code of Western Australia” has the same meaning as it has in the Agricultural and Veterinary Chemicals (Western Australia) Act 1995;
“AIDS” means acquired immune deficiency syndrome;
“analyst” means analyst registered under section 203;
“Analytical Committee” means the Local Health Authorities Analytical Committee established under section 247A;
“apparatus for the treatment of sewage” means any apparatus for the bacteriolytic or aerobic treatment of sewage or any other apparatus for the treatment of sewage approved by the Executive Director, Public Health and includes any buildings, fittings, works, or appliances used or required in connection with the bacteriolytic or aerobic treatment of sewage, and the disposal of effluent or any residue of such treatment;
“cellar” or “underground room” includes any room being part of a house, if the floor of such room is more than a depth of one metre below the surface of the adjoining street, or of the land adjoining or nearest to such room;
“CEO” has the meaning given by section 3 of the Health Legislation Administration Act 1984;
“cesspool” includes any receptacle for nightsoil or for noxious or offensive matter below or above the ground, but does not include any regulation sanitary pan, or any apparatus for the treatment of sewage, or other approved receptacle;
“daily penalty” means a penalty for each day on which any offence is continued after notice has been given to the offender of the commission of the offence, or after a conviction or order by any court, as the case may be;
“dairy” includes all buildings, yards, and premises occupied or used, or intended to be occupied or used, for the carrying on of any dairy business, or the production or manufacture or storage of any dairy produce;
“dairy produce” means milk, cream, butter, cheese, and any other product of milk intended for the food of man;
“Department” means the department of the Public Service of the State principally assisting the Minister in the administration of this Act;
“disposal” in relation to sewage, rubbish or refuse, includes disposal by one or more of the following methods —
(a) removal;
(b) treatment;
(c) destruction;
(d) burial;
“district” means an area that has been declared to be a district under the Local Government Act 1995 plus any place under the control of the local government which is outside the boundaries of the district;
“drain” means any drain for the drainage of one building only, or of premises within the same curtilage, and made merely for the purpose of communicating therefrom with a receptacle for drainage, or with a sewer into which the drainage of 2 or more buildings or premises occupied by different persons is conveyed, and includes the whole length of any combined system of drainage from several premises up to the point at which it enters the public sewer;
“drug” means any substance, organic or inorganic, used as medicine, or in the composition or preparation of medicines, whether for external or internal use, and includes soap and perfumes, cosmetics, absorbent cotton wool and surgical dressings and also includes therapeutic substances;
“environmental health officer” means an environmental health officer appointed under this Act and includes any acting or assistant environmental health officer;
“Executive Director, Personal Health” means the person holding or acting in the office of Executive Director, Personal Health Services in the Department;
“Executive Director, Public Health” means the person holding or acting in the office of Executive Director, Public Health and Scientific Support Services in the Department;
“false trade description” means a trade description which, by reason of anything contained therein or omitted therefrom, is false or likely to mislead in a material respect, as regards the articles to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise, which makes the description false or likely to mislead in a material respect;
“food” means substance or matter ordinarily consumed or intended for consumption by man and includes —
(a) drink;
(b) chewing gum;
(c) ingredient, food additive or other substance that enters into or is capable of entering into or is used in the composition or preparation of food; and
(d) other substance or matter for the time being declared under subsection (1a) to be food,
but does not include substance or matter used only as a drug or declared under subsection (1a) not to be food;
“HIV infection” means human immunodeficiency virus infection;
“house” means any building or structure, whether temporary or otherwise, including tents and vans, and includes a place of worship, school, factory, workroom, shop, hotel, public house, or other premises of a licensed victualler; the term also includes any vessel lying in any river, harbour, or other water within the territorial waters of Western Australia other than a vessel which is under the command or charge of any officer bearing Her Majesty’s commission, or which belongs to the government of any foreign state. It is immaterial whether the house is on alienated land or Crown land:
Provided that where any building is let or occupied in flats, each flat shall be deemed to be a separate house;
“infectious disease” means and includes typhoid fever (which shall include paratyphoid fever), scarlet fever, diphtheria, poliomyelitis, plague, leprosy, tuberculosis (which shall include all forms of tuberculosis), cholera, yellow fever, typhus fever (all forms), malaria, ancylostomiasis, filariasis, anthrax; and also any other disease which the Governor from time to time by notification in the Government Gazette declares to be an infectious disease for the purposes of this Act, either generally or with respect to any particular place, and also the condition in which the organism presumed to cause any of the diseases is found to be present in any person;
“land” includes houses, buildings, and structures thereon, and rivers, streams, wells, and waters, and easements of every description;
“lodging‑house” means any building or structure, permanent or otherwise, and any part thereof, in which provision is made for lodging or boarding more than 6 persons, exclusive of the family of the keeper thereof, for hire or reward; but the term does not include —
(a) premises licensed under a publican’s general licence, limited hotel licence, or wayside‑house licence, granted under the Licensing Act 1911 2;
(b) residential accommodation for students in a non‑government school within the meaning of the School Education Act 1999; or
(c) any building comprising residential flats;
“meat” except in Division 3A of Part VIIA, means the flesh of any animal when killed which is intended to be used for the food of man, whether fresh, or prepared by freezing, chilling, preserving, salting, or by any other process;
“medical officer” includes all medical officers of health appointed pursuant to this Act, and whether appointed by the Governor or by a local government;
“medical practitioner” means a legally qualified medical practitioner duly registered under the Medical Act 1894;
“midwife” has the meaning given to that term in section 3 of the Nurses and Midwives Act 2006;
“milk” means the natural lacteal fluid, product of an animal;
“Minister” means the Minister of the Crown charged with the general administration of this Act;
“municipal fund” means the municipal fund of the local government established under section 6.6 of the Local Government Act 1995;
“newspaper” means a newspaper generally circulating in the district;
“nurse practitioner” means a nurse practitioner, as defined in the Nurses Act 1992 3, who is carrying on in a designated area (as defined in that Act) the practice of nursing as a nurse practitioner;
“occupier” includes a person having the charge, management, or control of premises, and in the case of a house which is let out in separate tenements, or in the case of a lodging‑house which is let to lodgers, the person receiving the rent payable by the tenants or lodgers, either on his own account or as the agent of another person; and in the case of a vessel, the master or other person in charge thereof; the term also includes any person in occupation of the surface of any lands of the Crown, notwithstanding any want of title to occupy same;
“offensive” includes noxious;
“offensive matter” means and includes dust, mud, ashes, rubbish, filth, blood, offal, manure, soil or any other material which is offensive, and which is placed or found in or about any house, stable, cowhouse, pigsty, lane, yard, street, or place whatsoever;
“owner” means the person for the time being receiving the rack‑rent of the lands or premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such premises were let at a rack‑rent;
“pesticide” has the same meaning as “agricultural chemical product” has in the Agvet Code of Western Australia;
“piggery” means any building, enclosure, or yard in which one or more pigs are kept, bred, reared, or fattened for purposes of trade;
“pig‑swill” means residues or wastes, whether solid or liquid or part of each, from kitchens, manufacturies, shops, abattoirs or markets, which residues or wastes may be used as food for pigs;
“premises”, except in Part VIII, includes messuages, buildings, lands, and hereditaments;
“prescribed” means prescribed by this Act or by any regulation or local law thereunder;
“private place” includes every place other than a public place;
“proclamation” means a proclamation by the Governor published in the Government Gazette;
“public health official” means a person appointed or designated as a medical officer of health, environmental health officer, inspector or public health official under section 6 or 7, as the case requires, of the Health Legislation Administration Act 1984;
“public house” includes any house in respect of which a publican’s general licence, an hotel licence, an Australian wine and beer licence, or wayside house licence is held under any Act regulating the sale of intoxicating liquor;
“public place”, except in Part IXB, includes every place to which the public ordinarily have access, whether by payment of fee or not;
“public vehicle” includes a coach, cab, omnibus, motor car, wagon, or other vehicle carrying passengers for hire, and includes a tramcar and railway carriage;
“rack‑rent” means rent which is not less than two‑thirds of the full net annual value of the property out of which the rent arises; and the full net value shall be taken to be the rent at which the property might reasonably be expected to let from year to year, free from rates and taxes and deducting therefrom the probable average annual cost of the repairs, insurance, and other expenses (if any) necessary to maintain the same in a state to command such rent;
“regulation”, except in Part VIII, means a regulation made under this Act;
“relative”, in relation to a person, includes a de facto partner of the person;
“responsible pathologist”, in relation to a pathology laboratory, means the pathologist responsible for the day to day operations of the pathology laboratory;
“sanitary convenience” includes urinals, water‑closets, earth‑closets, privies, sinks, baths, wash troughs, apparatus for the treatment of sewage, ash‑pits, ash‑tubs, or other receptacle for the deposit of ashes, faecal matter, or refuse, and all similar conveniences;
“school” means and includes any premises in or upon which children or other persons are assembled for the purpose of instruction, including religious instruction;
“sell” includes —
(a) barter, offer or attempt to sell, receive for sale, have in possession for sale, expose for or on sale, send, forward or deliver for sale or cause or permit to be sold or offered for sale;
(b) sell for resale; and
(c) in relation to food, supply or use under an agreement or arrangement or a contract, together with accommodation, service or entertainment, in consideration of an inclusive charge for the food supplied and the accommodation, service or entertainment;
“sewage” means any kind of sewage, nightsoil, faecal matter or urine, and any waste composed wholly or in part of liquid;
“sewer” includes sewers and drains of every description, except drains to which the word “drain” as above defined applies, also water channels constructed of stone, brick, concrete, or any other material, the property of a local government;
“street” includes any highway, and any public bridge, and any road, lane, footway, square, court, alley or passage, whether a thoroughfare or not;
“the Drug Advisory Committee” means the Drug Advisory Committee established by section 202(1);
“the Food Advisory Committee” means the Food Advisory Committee established by section 246H(1);
“therapeutic substance” means a substance which has a therapeutic use and which is prescribed under Division 7 of Part VIIA to be a therapeutic substance, and includes a surgical ligature, suture or dressing, but does not include a vaccine prepared from microscopic organisms from the body of a person or animal for use in the treatment of that person only;
“therapeutic use” means a use for the purpose of —
(a) preventing, diagnosing, curing or alleviating of a disease, ailment, defect or injury in persons;
(b) influencing, inhibiting or modifying of a physiological process in persons;
(c) testing of susceptibility to a disease or ailment in persons;
“this Act” includes the regulations and local laws made thereunder;
“trade” includes business and manufacture;
“trade description”, in relation to any food or drug, means any description, statement, indication, or suggestion, direct or indirect —
(a) as to the nature, number, quality, quantity, purity, class, grade, measure, gauge, size, or weight of the articles; or
(b) as to the country or place in or at which the articles were made or produced; or
(c) as to the manufacturer or producer of the articles, or the person by whom they were selected, packed, or in any way prepared for the market; or
(d) as to the mode of manufacturing, producing, selecting, packing, or otherwise preparing the articles; or
(e) as to the materials or ingredients of which the articles are composed, or from which they are derived; or
(f) as to the article being the subject of an existing patent, privilege, or copyright; or
(g) as to the efficacy of the article, or as to the effects which have followed, or may be expected to follow the use thereof;
“venereal disease” means and includes gonorrhoea, syphilis (including congenital syphilis), soft chancre, venereal warts and granuloma;
“vessel” includes a ship;
“writing” includes printing, and other modes of repeating and reproducing words in visible form.
(1a) The Executive Director, Public Health, may by notice published in the Gazette —
(a) declare any substance or matter to be food or not to be food, as the case requires, for the purposes of this Act or any provision thereof; and
(b) amend or repeal a declaration made under this subsection.
[(2) repealed]
[Section 3 amended by No. 55 of 1915 s. 2; No. 17 of 1918 s. 2; No. 5 of 1922 s. 2; No. 50 of 1926 s. 3; No. 30 of 1932 s. 2; No. 32 of 1937 s. 2; No. 21 of 1944 s. 3; No. 71 of 1948 s. 3; No. 11 of 1952 s. 3; No. 25 of 1952 s. 2; No. 34 of 1954 s. 4; No. 21 of 1957 s. 4; No. 18 of 1964 s. 3; No. 24 of 1970 s. 4; No. 94 of 1972 s. 4(1) (as amended by No. 83 of 1973 s. 3); No. 102 of 1973 s. 4; No. 28 of 1984 s. 24; No. 26 of 1985 s. 4; No. 57 of 1985 s. 11; No. 80 of 1987 s. 4; No. 104 of 1990 s. 38; No. 59 of 1991 s. 4 and 6; No. 27 of 1992 s. 84; No. 73 of 1994 s. 4; No. 3 of 1995 s. 57; No. 88 of 1994 s. 100; No. 14 of 1996 s. 4; No. 28 of 1996 s. 4; No. 10 of 1998 s. 39(1); No. 62 of 1998 s. 4; No. 36 of 1999 s. 247; No. 24 of 2000 s. 16(1); No. 28 of 2003 s. 73; No. 59 of 2004 s. 141; No. 23 of 2006 s. 4; No. 28 of 2006 s. 249; No. 50 of 2006 s. 114.]
[4. Repealed by No. 14 of 1996 s. 4.]
5. Savings
(1) All powers given to a local government under the provisions of this Act shall be deemed to be in addition to and not in derogation of any other powers conferred upon such local government by any other Act, and such other powers may be exercised in the same manner is if this Act had not been passed.
(2) Nothing in this Act shall render lawful any act, matter, or thing whatsoever which but for this Act would be deemed to be a nuisance, nor exempt any person from any action, liability, prosecution, or punishment to which such person would have been otherwise subject in respect thereof.
(3) The CEO or any local government (with the approval of the Minister) may, if in his or its opinion summary proceedings would afford an inadequate remedy, cause any proceedings to be taken against any person in the Supreme Court to enforce the abatement or prohibition of any nuisance, or for the remedying of any sanitary defects, or for the recovery of any penalties from, or for the punishment of, any person offending against the provisions of this Act.
(4) And, generally, the provisions of this Act relating to nuisances shall be deemed to be in addition to, and not to abridge or affect, any right, remedy, or proceeding under any other provisions of this Act, or any other Act, or at common law.
(5) Nothing in this Act contained with respect to the sale of food and drugs shall affect the power of proceeding by indictment, or take away any other remedy against any offender under the provisions of this Act, or in any way interfere with contracts and bargains between individuals, and the rights and remedies belonging thereto.
(6) Provided that in any action brought by any person for a breach of contract on the sale of any food or drug, such person may recover, alone or in addition to any other damages recoverable by him, the amount of any penalty adjudged to be paid by him under the provisions of this Act, or any regulation or local law, together with the costs paid by him upon such conviction and those incurred by him in and about his defence thereto, if he proves that the food or drug the subject of such conviction was sold to him as and for a food or drug of the same nature, substance, and quality as that which was demanded of him, and that he purchased it not knowing it to be otherwise, and afterwards sold it, not knowing it to be otherwise, and in the same state in which he purchased it; but the defendant in such action shall nevertheless be at liberty to prove that the conviction was wrongful, or that the amount of costs awarded or claimed was not incurred or was unreasonable.
(7) But no person shall be punished for the same offence both under the provisions of this Act or any regulation or local law, and under any other law or enactment.
[Section 5 amended by No. 14 of 1996 s. 4; No. 28 of 2006 s. 251.]
6. Power to suspend operation of Act
(1) The Governor may, by proclamation, suspend the operation of any of the provisions of this Act in any district or a part thereof for any period.
(2) Nothing in this Act shall affect the provisions of the Metropolitan Water Supply, Sewerage, and Drainage Act 1909.
Part II — Administration
Division 1 — The Minister, CEO and officers of Public Health
[Heading amended by No. 28 of 2006 s. 250.]
7. Minister
The general administration of this Act shall be under the control of a Minister of the Crown.
8. Minister to be body corporate
(1) The Minister of the Crown for the time being administering this Act shall, for the purposes of this Act, be a body corporate and shall be known by such designation as is conferred on him by the Governor under the Constitution Acts Amendment Act 1899 or the Alteration of Statutory Designations Act 1974, whichever applies, and shall have perpetual succession and a common seal, and by that name shall be capable of suing and being sued, acquiring, holding, letting and taking land on lease, and alienating real and personal property, and of doing and suffering all such other acts and things as may be necessary or expedient for carrying out the purposes of this Act.
(2) Where the Minister enters into any contract or agreement, under seal or otherwise, or makes any lease, under this Act all the rights and liabilities in respect thereof and all benefits and advantages thereunder or interest therein, shall vest in and be enforceable by or against his successor or successors in office, without the necessity of any transfer or assignment whatsoever.
(3) An alteration of the designation of the Minister is hereby declared not to affect and never to have affected the corporate identity of the Minister and by force of this section the corporate identity of the Minister is continued under such designation as applies to him from time to time.
[Section 8 inserted by No. 101 of 1976 s. 4; amended by No. 28 of 1984 s. 25.]
[9-11. Repealed by No. 28 of 1984 s. 26.]
12. Powers of Executive Director, Public Health and officers
The Executive Director, Public Health and any medical officer or environmental health officer acting with his authority, shall have all the powers of a medical officer of health or environmental health officer of a local government, and may exercise such powers in any part of the State, and the Executive Director, Public Health shall have all such rights and powers as the local government would have in case its medical officer of health or environmental health officer exercised the power, or to enable such officer or environmental health officer to exercise the power. Any provision of this Act conferring any power on a medical officer of health or environmental health officer of a local government, or relating to or connected with the exercise or intended exercise, or the consequences of the exercise of any power by him, shall be construed and have effect for the purposes of this section as if the references therein to a medical officer of health or environmental health officer of the local government extended to the Executive Director, Public Health or any medical officer or environmental health officer acting with his authority, and as if all references to a local government extended to the Executive Director, Public Health.
[Section 12 amended by No. 17 of 1918 s. 3; No. 24 of 1970 s. 12; No. 28 of 1984 s. 45; No. 59 of 1991 s. 5; No. 14 of 1996 s. 4.]
13. Inquiries
The Executive Director, Public Health may, from time to time, hold or order to be held such inquiries or investigations as he may deem necessary in relation to any matter concerning public health in any place, or in relation to the administration of this Act, and may appoint such public health official or any other person to conduct such inquiries or investigations as he may deem fit.
[Section 13 amended by No. 28 of 1984 s. 45.]
14. Powers of persons directed to make inquiries
When an inquiry is directed by the Executive Director, Public Health to be made, the person authorised to make the same shall have free access to all books, plans, maps, documents, and other things belonging to any local government or any contractor, and shall have in relation to witnesses and their examination, and the production of documents, similar powers to those conferred upon a court of summary jurisdiction by the Criminal Procedure Act 2004, and may enter and inspect any building, premises, or place, the entry or inspection whereof appears to him requisite for the purpose of such inquiry.
[Section 14 amended by No. 28 of 1984 s. 45; No. 14 of 1996 s. 4; No. 59 of 2004 s. 141; No. 84 of 2004 s. 78.]
15. Power of Executive Director, Public Health to act in emergencies
(1) In any emergency or necessity, of the existence of which emergency or necessity the Executive Director, Public Health shall be sole and final judge, the Executive Director, Public Health may —
(a) exercise and perform in any part of the State any or all of the powers and duties vested in or imposed upon a local government under this Act or any other Act relating to the public health;
(b) make any regulations for the abatement and prevention of nuisances, for the protection from pollution of water used for domestic purposes, and for securing the healthfulness of persons collected in any encampment or otherwise;
(c) make such other regulations as he may deem necessary to cope with the emergency or necessity.
(2) Where, in carrying out the provisions of this section, any medical certificate may be necessary for any of the purposes of this Act or any other Act relating to the public health, such certificate may, if there is no medical officer, be signed by any legally qualified medical practitioner, and shall for all such purposes be as effectual as if signed by a medical officer.
[Section 15 amended by No. 28 of 1984 s. 45; No. 14 of 1996 s. 4.]
16. Executive Director, Public Health may act where no local government
The Executive Director, Public Health and all persons authorised by him may exercise and perform all or any of the powers and duties of a local government in any place which does not lie within the boundaries of a district, including the powers conferred by Part III.
[Section 16 amended by No. 28 of 1984 s. 45; No. 14 of 1996 s. 4.]
17. Expenditure to be paid out of
All expenses incurred by the Executive Director, Public Health or incurred with sanction of the Governor by any local government may be defrayed out of the moneys that may from time to time be appropriated by Parliament for the purpose.
[Section 17 amended by No. 28 of 1984 s. 45; No. 14 of 1996 s. 4.]
Division 2 — Local governments
[Heading amended by No. 14 of 1996 s. 4.]
[18, 19, 19A. Repealed by No. 14 of 1996 s. 4.]
[20, 21. Repealed by No. 57 of 1985 s. 12.]
22. Annexation
(1) The Governor may place any area of land outside a district, and whether actually adjoining or not, under the jurisdiction of the local government of such district, for the purposes of this Act, and such area shall for all the purposes of this Act be deemed to be within the district while so placed under that jurisdiction and the Governor may remove the area of land from that jurisdiction and from that district and such adjustment and distribution of the assets and liabilities of the local government as the Executive Director, Public Health considers necessary as consequential to such removal shall be made as and in the manner the Executive Director, Public Health directs.
(2) The Governor may, to secure proportionate representation in the council of the local government in respect of the annexed area, appoint members to represent the ratepayers of such annexed area, who shall sit with, and have all the powers of councillors, and every such appointment shall be made upon the nomination of the ratepayers in manner prescribed by regulations to be made by the Governor under this Act.
[Section 22 amended by No. 25 of 1950 s. 3; No. 28 of 1984 s. 45; No. 14 of 1996 s. 4.]
[23, 24. Repealed by No. 57 of 1985 s. 12.]
25. District may include water
Any river, harbour or other water shall be deemed for the purposes of this Act, to be within such district as may be fixed by the Governor:
Provided that the Governor may revoke or vary any order made under this section.
26. Powers of local government
Every local government is hereby authorised and directed to carry out within its district the provisions of this Act and the regulations, local laws, and orders made thereunder:
Provided that a local government may appoint and authorise any person to be its deputy, and in that capacity to exercise and discharge all or any of the powers and functions of the local government for such time and subject to such conditions and limitations (if any) as the local government shall see fit from time to time to prescribe, but so that such appointment shall not affect the exercise or discharge by the local government itself of any power or function.
[Section 26 amended by No. 17 of 1918 s. 5; No. 14 of 1996 s. 4.]
27. Officers of local government
(1) Every local government may, and when required by the Executive Director, Public Health shall, appoint a medical practitioner as medical officer of health, and also such environmental health officers and analysts as may be deemed necessary by the Executive Director, Public Health.
(2) Such medical officer of health, environmental health officers, and analysts shall perform such duties as the local government from time to time directs, and also such as are specially prescribed by any order addressed by the Executive Director, Public Health to the local government.
(3) The medical officer of health shall also be a medical officer of schools and school children, and shall perform such duties and submit such reports in connection therewith as may be prescribed by the Executive Director, Public Health.
(4) Every medical officer of health shall be paid by the local government as remuneration for his services a salary of not less than $30 per annum.
(5) Every local government may appoint such other officers as it deems necessary.
(6) All officers of local governments in office at the commencement of this Act shall be deemed to have been appointed under this Act.
[Section 27 amended by No. 113 of 1965 s. 8(1); No. 24 of 1970 s. 12; No. 28 of 1984 s. 45; No. 59 of 1991 s. 5; No. 14 of 1996 s. 4.]
28. Appointments to be approved
(1) Every appointment by a local government of a medical officer of health, environmental health officer, or analyst shall be subject to the approval of the Executive Director, Public Health who may require satisfactory proof of competency to be supplied, and may give his approval absolutely or with any modification or condition as to the period of appointment or otherwise.
(2) No officer entrusted with moneys under this Act shall be appointed by a local government until he shall have given security for the faithful discharge of his duties, nor shall any such officer be continued in his office except whilst such security is subsisting and in force.
[Section 28 amended by No. 24 of 1970 s. 12; No. 28 of 1984 s. 45; No. 59 of 1991 s. 5; No. 14 of 1996 s. 4.]
29. Executive Director, Public Health may appoint if local government neglects to do so
If the local government does not appoint a medical officer of health, environmental health officer, or analyst, the Executive Director, Public Health may, with the approval of the Governor, appoint such officer and fix his remuneration; and the amount so fixed shall be a charge upon the municipal fund, and shall be paid to the officer by the local government, and in default of payment may be recovered by him in any court of competent jurisdiction.
[Section 29 amended by No. 24 of 1970 s. 12; No. 28 of 1984 s. 45; No. 59 of 1991 s. 5; No. 14 of 1996 s. 4.]
30. Local governments may join in appointing officers
(1) The local governments of 2 or more districts may, and when required by the Executive Director, Public Health shall, join in the appointment of a medical officer of health, environmental health officer, or analyst, and in remunerating them.
(2) If the local governments of 2 or more districts do not, when required by the Executive Director, Public Health, join in appointing a medical officer of health, environmental health officer, or analyst, the Executive Director, Public Health may, with the approval of the Governor, appoint such officer and fix his remuneration and the proportional part of such remuneration to be paid by each local government.
(2a) Every appointment made by the Executive Director, Public Health under subsection (2) shall continue during the pleasure of the Executive Director, Public Health, or until the local governments concerned, acting under subsection (1), shall join in the appointment of another person to take the place of the person appointed by the Executive Director, Public Health as aforesaid and the Executive Director, Public Health has approved of such appointment; and while an appointment made by the Executive Director, Public Health continues as aforesaid, the Executive Director, Public Health may at any time, and from time to time, vary the remuneration and also the proportional part of such remuneration as varied to be paid by each local government, either by reducing or increasing the same respectively, as he may think fit.
(3) The remuneration so fixed or so varied shall be a charge on the municipal fund of each local government, and in default of payment may be recovered by such officer from any of the local governments concerned in any court of competent jurisdiction, subject to the right of contribution between the local governments concerned.
[Section 30 amended by No. 24 of 1970 s. 12; No. 28 of 1984 s. 45; No. 59 of 1991 s. 5; No. 14 of 1996 s. 4.]
31. Qualifications of environmental health officers
Every environmental health officer appointed under any repealed Act and acting as such immediately prior to the commencement of this Act shall, unless he is the holder of a qualifying certificate of competency which shall be approved by the Executive Director, Public Health, obtain, within 12 months of the commencement of this Act, such qualifying certificate of competency as may be approved by the Executive Director, Public Health, and, after the expiration of such period of 12 months, no person shall be appointed or continue to be an environmental health officer unless he is the holder of such a certificate as aforesaid: Provided that the Executive Director, Public Health may exempt from the operation of this section, for such time as he thinks fit, the office of environmental health officer in any district.
[Section 31 inserted by No. 17 of 1918 s. 6; amended by No. 24 of 1970 s. 12; No. 28 of 1984 s. 45; No. 59 of 1991 s. 5.]
32. Removal of officers
(1) The Executive Director, Public Health may, by order, remove any medical officer of health, environmental health officer, or analyst of a local government appointed for the purposes of this Act.
(2) No person so removed shall be eligible for reappointment without the previous approval of the Executive Director, Public Health.
(3) When a person is removed under the provisions of this section, the Executive Director, Public Health may, by order, require the local government to fill up the vacancy as hereinbefore provided; and if the local government makes default in so doing, the Executive Director, Public Health, with the approval of the Governor, may appoint a successor to the person so removed.
(4) No medical officer of health, environmental health officer, or analyst of a local government shall have his remuneration reduced or be removed by the local government without the previous approval of the Executive Director, Public Health.
[Section 32 amended by No. 24 of 1970 s. 12; No. 28 of 1984 s. 45; No. 59 of 1991 s. 5; No. 14 of 1996 s. 4.]
33. Medical officer may direct and exercise powers of environmental health officer
Every medical officer of health —
(1) may give to any environmental health officer such directions and instructions as he may deem necessary from time to time, for the due execution of this Act, and such environmental health officers shall obey and carry out directions or instructions so given; and
(2) shall have and may exercise, in addition to the powers conferred on him by or under this Act, all the powers of an environmental health officer.
[Section 33 amended by No. 24 of 1970 s. 12; No. 59 of 1991 s. 5; No. 28 of 1996 s. 21.]
34. Reports by medical officer of health
(1) Every medical officer of health shall, within one month after the expiration of every calendar year, and whenever required by the local government, and may at such other times as he thinks proper, report to the local government on the sanitary condition of the district, or any part thereof, with special reference to the provisions of and regulations made under this Act, and the local laws of the local government.
(2) The local government shall, at such times as may be prescribed, forward to the Executive Director, Public Health copies of all such reports.
[Section 34 amended by No. 28 of 1984 s. 45; No. 14 of 1996 s. 4.]
35. Proceedings on default of local government
(1) Where in the opinion of the Executive Director, Public Health any local government has made default in enforcing or carrying out or complying with any provisions of or in the exercise of any power conferred by this Act, or any local law or regulation thereunder, or of any order of the Executive Director, Public Health, which it is the duty of such local government to enforce, carry out, comply with, or exercise, the Executive Director, Public Health may make an order limiting a time for the performance of the duty of the local government.
(2) If such duty is not performed within the time limited in such order, the performance of such duty may be enforced by writ of mandamus, or the Executive Director, Public Health may appoint some person to perform such duty, and shall order that the expenses of performing the same, together with a reasonable remuneration to the person appointed for superintending such performance, and amounting to a sum specified in the order, together with the costs of the proceedings, be paid out of the funds by the local government in default; and any order made for the payment of such expenses and costs may be removed into the Supreme Court, and be enforced in the same manner as if the same were an order of such Court.
(3) Any person appointed under this section to perform the duty of a defaulting local government shall, in the performance, and for the purposes of such duty, be invested with all the powers of such local government, and may enter into contracts on its behalf, and the Executive Director, Public Health may, from time to time, remove any person so appointed, and appoint another in his place.
(4) When the Executive Director, Public Health has required any local government to make any local law in regard to any matter concerning which it is the duty of such authority to make a local law when so required, and the authority has not, within a period of 2 months from the date of the requisition, made a local law regarding such matter which the Executive Director, Public Health is willing to confirm, then the Executive Director, Public Health may, in lieu of the local government, make such local law as he shall consider ought to be made regarding such matter, and any local law so made by the Executive Director, Public Health shall, subject to section 345, have effect as if made by the local government.
[Section 35 amended by No. 17 of 1918 s. 7; No. 28 of 1984 s. 45; No. 14 of 1996 s. 4.]
36. Review of orders and decisions of local governments
(1) Any person aggrieved by any order or decision of a local government may apply to the State Administrative Tribunal for a review of the order or decision.
(2) Upon the local government being given a copy of an application made under subsection (1) for review of a decision or order, any proceedings commenced by the local government under the decision or order to recover expenses incurred by it shall be stayed.
[Section 36 amended by No. 14 of 1996 s. 4; No. 55 of 2004 s. 479.]
[37. Repealed by No. 55 of 2004 s. 480.]
38. Local governments to report annually
Every local government shall, in the prescribed form, during the month of February in every year, and at such other times as the Executive Director, Public Health may direct, report to the Executive Director, Public Health concerning the sanitary conditions of its district, and all works executed and proceedings taken by the local government.
[Section 38 amended by No. 28 of 1984 s. 45; No. 14 of 1996 s. 4.]
Division 3 — The exercise of ministerial control
39. Powers of the Minister
(1) All the powers, rights, and authorities vested in the CEO, Executive Director, Personal Health, Executive Director, Public Health or any local government shall, whenever he deems fit, be exercisable by the Minister, and when so exercised shall, if so ordered by the Minister, supersede any act, direction, notice, or order of the CEO, Executive Director, Personal Health, Executive Director, Public Health or local government; and every officer, and employee of the local government (whether a member thereof or not) and the CEO, Executive Director, Personal Health, Executive Director, Public Health and every other public officer and employee assisting in the administration of this Act, shall at all times obey any order or direction of the Minister; and such officers and employees, for the purpose of carrying out such orders and directions, shall have all the powers of the CEO, Executive Director, Personal Health, Executive Director, Public Health or local government, whether conferred by Act, regulation, local law, or otherwise.
(2) All orders, directions, authorities, consents, and receipts made or given, or purporting to be made or given, by such officer or employee in any way relating to the purpose in respect of which he was authorised by the Minister to act shall, by all courts, officers, and persons be deemed and taken to have the same force and effect as if such orders, directions, authorities, consents, or receipts (as the case may be) had been given by the CEO, Executive Director, Personal Health, Executive Director, Public Health or local government.
(3) The Minister may make orders as to the costs of inquiries or proceedings under this Act, and as to the parties by whom, or the fund out of which, such costs shall be borne.
(4) When any such order has been made, a verified copy thereof may be filed in the office of the Master of the Supreme Court, and may thereupon be enforced in the same manner as if it were an order of that Court.
[Section 39 amended by No. 28 of 1984 s. 27; No. 14 of 1996 s. 4; No. 28 of 1996 s. 20; No. 28 of 2006 s. 251.]
Part III — Financial
40. Power to levy general health rate
(1) Every local government shall, under the Local Government Act 1995, make a levy on all rateable land in the district, and cause to be collected, in addition to the rates which it may be otherwise authorised to make and levy, such annual health rate as may be required for the purposes of this Act.
(2) Such annual rate shall not exceed —
(a) in districts from time to time declared by the Governor by notice in the Government Gazette to be within this paragraph:
(i) 5 cents in the dollar on the gross rental value; or
(ii) when the system of valuation on the basis of the unimproved value is adopted, 1¼ cents in the dollar on the unimproved value of the land in fee simple;
and
(b) in other districts —
(i) 3⅓ cents in the dollar on the gross rental value; or
(ii) when the system of valuation on the basis of unimproved value is adopted, five‑sixths of a cent in the dollar on the unimproved value of the land in fee simple.
(3) A minimum rate of 25 cents may be levied under this section on any rateable land, or on each of the several lots in which any rateable land may be subdivided, the annual rate in respect of which, on the gross rental value or the unimproved land value, as the case may be, would not amount to 25 cents.
[Section 40 amended by No. 25 of 1950 s. 4; No. 113 of 1965 s. 4(1); No. 76 of 1978 s. 50; No. 14 of 1996 s. 4.]
41. Sanitary rate
Every local government may from time to time, as occasion may require, make and levy as aforesaid and cause to be collected an annual rate for the purpose of providing for the proper performance of all or any of the services mentioned in section 112, and the maintenance of any sewerage works constructed by the local government under Part IV.
Such annual rate shall not exceed —
(a) 12 cents in the dollar on the gross rental value; or
(b) where the system of valuation on the basis of the unimproved value is adopted, 3 cents in the dollar on the unimproved value of the land in fee simple:
Provided that the local government may direct that the minimum annual amount payable in respect of any one separate tenement shall not be less than $1.
Provided also, that where any land in the district is not connected with any sewer, and a septic tank or other sewerage system approved by the local government is installed and used upon such land by the owner or occupier thereof for the collection, removal, and disposal of nightsoil, urine, and liquid wastes upon such land, the local government may by an entry in the rate record exempt such land from assessment of the annual rate made and levied under this section, and, in lieu of such annual rate, may, in respect of such land, make an annual charge under and in accordance with section 106 for the removal of refuse from such land.
[Section 41 amended by No. 5 of 1933 s. 2; No. 38 of 1933 s. 2; No. 25 of 1950 s. 5; No. 113 of 1965 s. 4(1); No. 2 of 1975 s. 3; No. 76 of 1978 s. 51; No. 14 of 1996 s. 4.]
42. Supplementary rates
Every local government may, and when required so to do by the Governor shall make and levy as aforesaid, within the authorisation of the preceding sections, and cause to be collected, supplementary rates to meet any extraordinary or unanticipated expenditure.
[Section 42 amended by No. 14 of 1996 s. 4.]
[43. Repealed by No. 57 of 1985 s. 12.]
44. Borrowing powers
(1)(a) Subject to any express provisions of this Act, every local government may from time to time under the borrowing powers conferred by the Local Government Act 1995, raise a special loan for any of the purposes of this Act.
[(b) deleted]
(c) The period for the repayment of any such loan shall not exceed 50 years, and the proceeds of each such loan shall be kept in a separate bank account, and shall not be applied to any purpose other than the purpose aforesaid.
(d) Where a local government has obtained the consent of the Governor under Part IV to the carrying out of any sewerage or drainage works, and has, with the Governor’s consent, borrowed or arranged to borrow moneys to carry out the works, the Governor may authorise the Treasurer, on behalf of the State, to guarantee the repayment of any loans so borrowed or to be borrowed, in accordance with the terms and conditions of the loan, if the Governor is satisfied that the local government is by reason of such guarantee able to obtain more advantageous terms in respect of the loan and that such guarantee is desirable.
(e) The provisions of the preceding paragraph shall also apply to any loan which has been actually arranged by or made to any local government for the construction of sewerage or drainage works (including apparatus for the treatment of sewage) since 1 November 1933, under the provisions of the principal Act:
Provided the Governor is further satisfied that the works are sufficiently general in their scope. In connection with any such guarantee the local government is authorised on the giving of such guarantee to execute all documents and do all things necessary for varying the terms of any loan made, or agreed to be granted, in order to give effect to and take advantage of any better terms granted by the lender in consideration of the guarantee.
(2) A local government may, pending the collection of its annual health rate, and for the purpose of commencing, carrying on, or completing any works or meeting any expenses or liabilities which it is authorised under this Act to incur, obtain advances from any bank by overdraft on current account, but so that no such overdraft shall at any time exceed one‑third of the annual revenue of the local government under this Act for the year then last preceding:
Provided that the bank making such advances shall not be concerned to inquire whether the same have been obtained for the purposes mentioned in this subsection, nor be required to see to the application of such advances.
This subsection shall be deemed to apply to all existing advances on overdraft to local governments to the extent hereby authorised, and any such advances are hereby validated.
[Section 44 amended by No. 50 of 1926 s. 4; No. 30 of 1932 s. 7; No. 5 of 1933 s. 4; No. 38 of 1933 s. 3; No. 16 of 1935 s. 2; No. 32 of 1937 s. 3; No. 59 of 1991 s. 7; No. 14 of 1996 s. 4.]
45. Special loan rate
Where in any year it becomes necessary to strike a rate for the purpose of providing the interest and sinking fund of any such loan, the local government shall, under the provisions of the Local Government Act 1995, make and levy a special annual rate, but where the local government has expended loan moneys in the installation of any appliances, drains, pipes, shafts, ventilating shafts and fittings on any lands, and the person responsible for the payment of the cost of such installations enters into an agreement with the local government under the provisions of this Act for the payment of same the local government —
(a) may in lieu of striking a special annual rate in the first instance place all repayments made to the credit of a special account for the liquidation of the loan by which the moneys expended were raised;
(b) if such repayments are insufficient to meet the periodical repayments of principal and/or interest on the loan, or to meet any payments to any fund for the liquidation of the loan, the local government shall levy a special annual rate from time to time, as occasion requires, to make good such deficiency.
[Section 45 inserted by No. 38 of 1933 s. 4; amended by No. 27 of 1994 s. 42; No. 14 of 1996 s. 4.]
46. Application of rating provisions of
(1) Subject to any express provisions of this Act, with respect to every health rate, sanitary rate, supplementary rate, and special loan rate made and levied under this Act by a local government, all the provisions of the Local Government Act 1995 relating to the making, payment, and recovery of general rates shall apply and be deemed to be incorporated with this Act.
Provided that the local government, in the exercise of its powers conferred by this Part, may make and levy rates of different amounts in respect of different portions of its district, defined for that purpose by proclamation.
Provided further, that where a local government has carried out sewerage or drainage works under Part IV which are of benefit to a particular portion of its district, which was specified at the time of making application for the approval of the Governor, any special loan rate imposed in connection with moneys borrowed for such works may be imposed in respect of land situate within that portion.
(2) A local government may utilise the same valuation, rate record, notice of assessment or valuation, or distress warrant for rates made under this Act and rates made under the Local Government Act 1995.
[Section 46 amended by No. 38 of 1933 s. 5; No. 14 of 1996 s. 4.]
47. Health rate to be regarded in determining borrowing powers
The health rate shall be deemed part of the ordinary income or general rates of the local government in determining the amount which at any time the local government may lawfully borrow for the purposes of this Act.
[Section 47 amended by No. 14 of 1996 s. 4.]
48. Time for giving notice of rate may be extended
In case any local government fails to make or give notice of any rate within the time limited in that behalf, the Governor may, by notice published in the Government Gazette, appoint a further time within which such local government may make and give notice of such rate.
[Section 48 amended by No. 14 of 1996 s. 4.]
49. Accounts and audit
[(1) repealed]
(2) Every local government shall, within one month from the close of its financial year, forward to the Executive Director, Public Health a full statement of its accounts in the prescribed form, and shall furnish from time to time such information in regard to the state of the accounts and of its liabilities and of its assets as may be required by the Executive Director, Public Health.
[Section 49 amended by No. 28 of 1984 s. 45; No. 14 of 1996 s. 4.]
[50. Repealed by No. 57 of 1985 s. 12.]
[51. Repealed by No. 14 of 1996 s. 4.]
52. Financial adjustment
(1) On the dissolution, by the operation of this Act, of any district board of health constituted under the provisions of the Health Act Amendment Act 1900 4, or on the constitution of any new district, or the alteration of the boundaries of a district, the several local governments affected may, by agreement, make such adjustment of property, liabilities, contracts, and engagements between the several districts as such local governments shall think fit; but in default of any such agreement being come to, the Minister may, at such time as he may think fit, make the adjustments and finally determine all rights, liabilities, and questions arising therefrom.
(2) Upon the abolition of any district, or the alteration of the boundaries of any district, all rates which have accrued due in respect of any land situated within the district or the portion of any district affected, and remain unpaid at the date of the abolition of the district or alteration of boundaries, shall remain due and payable and shall vest in and may be recovered by such local government as the Minister may determine, and shall be applied and disposed of as the Minister may direct.
[Section 52 amended by No. 14 of 1996 s. 4.]
Part IV — Sanitary provisions
Division 1 — Sewerage and drainage schemes
[Heading inserted by No. 38 of 1933 s. 42.]
53. Sewers vested in local government
(1) All public sewers in a district made or to be made at the cost of or acquired or to be acquired by a local government, with all the works and materials belonging thereto and the management of the same, shall vest in and belong to the local government.
(2) The Governor may place under the control of the local government any public sewer in the district not made at the cost of the local government.
[Section 53 inserted by No. 38 of 1933 s. 10 and 42; amended by No. 14 of 1996 s. 4.]
54. Power of local government to construct and maintain sewers
A local government may —
(a) formulate or combine with any other local government in formulating a scheme or joint scheme for the construction and maintenance of all sewers, drains, and appliances necessary for carrying away or disposing of or treating any noxious or waste matter within its or their district or districts, or any portion or portions thereof;
(b) without limiting the generality of the provisions of paragraph (a) formulate a scheme for the installation of, and install on premises generally or in any specified portion of the district, apparatus for the treatment of sewage;
(c) subject to the provisions of this Part exercise beyond the district for the purpose of outfall or distribution of sewage all or any of the powers conferred by this Part;
(d) alter or improve any such works from time to time;
(e) install on any lands which such works are designed or intended, or capable of serving all such drains, fittings, ventilating shafts, pipes, or tubes as may be necessary effectually to enable noxious or waste matter on the said lands to be discharged into any such sewer.
[Section 54 inserted by No. 38 of 1933 s. 11 and 42; amended by No. 14 of 1996 s. 4; No. 28 of 1996 s. 5.]
55. Governor’s approval necessary to all schemes
(1) No such sewer or drain or general scheme for the installation of appliances for the treatment of sewage (other than a sewer or drain for the disposal of storm water) shall be constructed or carried out without the approval of the Governor. Provided that this restriction shall not apply to the construction of any sewer or drain where the Executive Director, Public Health is first satisfied that the scheme is sound and that the carrying out of the work will not involve an expenditure exceeding $2 000.
(2) For the purpose of obtaining the approval of the Governor, the local government or authorities concerned shall prepare a general plan and description of the proposed works.
(3) The general plan shall be on a scale of not less than one inch to 2 miles, and shall show the character and extent of the works proposed.
(4) The description shall clearly set forth —
(a) the object and purpose of the proposed works;
(b) the mode in which it is proposed to obtain funds for their construction;
(c) an estimate of their cost;
(d) a statement of the capital value of the property to be benefited thereby;
(e) the boundaries of the area proposed to be sewered and particulars of the premises proposed to be served;
(f) the proposed source of supply of water for carrying out the scheme;
(g) in the case of a joint scheme, the amount of money proposed to be spent by each local government concerned.
(5) The local government or authorities shall forward such general plan and description to the Executive Director, Public Health. The Executive Director, Public Health shall examine the same, and may avail himself of the assistance of any other Government department, or of any officer belonging to any other Government department, in the examination thereof and, after having made such examination, shall report thereon to the Minister.
(6) The local government or authorities concerned, shall, if required by the Executive Director, Public Health, furnish details of the proposed works, with the levels thereof, and details of all proposed interferences with any street, road, bridge, culvert, or permanent structure, or with any private property, and such information as he requires.
[Section 55 inserted by No. 38 of 1933 s. 12 and 42; amended by No. 113 of 1965 s. 4(1); No. 28 of 1984 s. 45; No. 59 of 1991 s. 8; No. 14 of 1996 s. 4.]
56. Power to do acts preliminary to formulating scheme
For any of the purposes hereinbefore specified the local government may by its officers, engineers, agents, or employees enter at all reasonable hours in the daytime any lands, whether within or without its district, and make surveys and take levels.
[Section 56 inserted by No. 38 of 1933 s. 13 and 42; amended by No. 14 of 1996 s. 4; No. 28 of 1996 s. 20.]
57. Notice of plans and specifications
(1) A notice stating that the application and general plan and description have been forwarded to the Executive Director, Public Health, and stating in what place copies of the general plan and description have been deposited for inspection, shall be given by the local government making application to any other local government whose district is in whole or in part included in the area to be covered by the proposed works.
(2) A like notice shall be published by the local government making application at least once in every week for 3 weeks —
(a) in some newspaper circulating generally in the district of the local government; and
(b) in the Gazette.
(3) The Minister shall not forward any recommendation to the Governor in connection with any such proposed works until the requirements of the preceding section have been complied with and the Minister shall, when submitting any such application to the Governor, forward therewith a copy —
(a) of all notices given to any local governments affected; and
(b) of every newspaper and of the Gazette containing any publication of such notices.
[Section 57 inserted by No. 38 of 1933 s. 14 and 42; amended by No. 28 of 1984 s. 45; No. 14 of 1996 s. 4.]
58. Objections
(1) Within one month after the last publication of any such notice in the Gazette any corporation or person having any property or interest in the area the subject of the scheme, which is likely to be injuriously affected by the proposed works, may forward to the Minister a petition to the Governor to refuse the application, or to amend or alter the plan thereof, or to make such other order in reference thereto as the petitioner may claim.
(2) Every execution of a petition other than by the common seal of a local government shall be verified by the statutory declaration of some person signing the petition, and no petition shall be received by the Minister unless the same is accompanied by such declaration.
[Section 58 inserted by No. 38 of 1933 s. 15 and 42; amended by No. 14 of 1996 s. 4.]
59. Copies of plans and specifications to be available for inspection
A true copy of the application, and of the general plan and description forwarded to the Executive Director, Public Health, shall be deposited for the inspection, without payment, of any person who desires to inspect the same, at the office of the local government and also at the office of the Executive Director, Public Health.
[Section 59 inserted by No. 38 of 1933 s. 16 and 42; amended by No. 28 of 1984 s. 45; No. 14 of 1996 s. 4.]
60. Conditions on which Minister may recommend scheme to Governor
After the expiration of one month from the date of the last publication of the notice in the Gazette prescribed by section 57, if the Minister is satisfied —
(a) that the provisions of this Act have been complied with; and
(b) that the revenue or periodical repayments estimated to be derived from the proposed works is sufficient to justify the undertaking; and
(c) that the works, if carried out in the manner designed, will be of benefit to the district of the local government, or to that portion of the district of the local government which the works are designed to serve; and
(d) that the objections, if any, lodged are not sufficient to require the approval of the Governor to be withheld from the proposed scheme,
he shall submit the general plans, specifications, and estimates to the Governor for approval, and if they are approved the Governor may forthwith make an order empowering the local government to undertake the construction of the works, and such order shall be notified in the Gazette.
[Section 60 inserted by No. 38 of 1933 s. 17 and 42; amended by No. 16 of 1935 s. 3; No. 14 of 1996 s. 4.]
61. Apportionment of costs and maintenance of joint schemes
On the completion of any joint scheme carried out by any 2 or more local governments, the cost of such scheme, and the maintenance thereof, shall be apportioned between each of the local governments concerned on an equitable basis, and in case of disagreement the Governor may decide the amount to be paid by each local government.
[Section 61 inserted by No. 38 of 1933 s. 18 and 42; amended by No. 14 of 1996 s. 4.]
62. Powers of local government in carrying out works
For the purpose of the construction, extension, maintenance, repair, alteration, or improvement of any such works, the local government, and all persons acting with its authority, may enter upon any lands and —
(a) make surveys and take levels of the same and set out such parts thereof as they may think fit;
(b) may dig or break up the soil of such lands, and trench and fence in the same, and remove or use any earth, stones, trees, and other things taken therefrom;
(c) erect buildings, pumping stations, and pumping machinery;
(d) make, maintain, alter, or discontinue drains and culverts upon any lands authorised to be taken;
(e) construct, alter, and maintain under any street, and through, across, or under any land any sewer pipes or drains;
(f) open and break up the soil of any streets or of any land, and excavate and sink trenches for the purpose of laying down, making, and constructing sewers, pipes, and drains therein;
(g) cause any sewers to discharge upon any such land as may be required by the local government for that purpose, or to communicate with the sea, or any arm thereof, or with any river or watercourse, either within or without the limits of the district of the local government;
(h) open, cleanse, and repair such sewers, pipes, and drains, or alter the position and construction thereof;
(i) make any sewers or drains from any main sewer laid in any street into any dwelling‑house, public or private building or other premises for the purpose of cleansing and draining any such house, building, or premises by means of such sewers or drains;
(j) do all such other acts, matters, and things as the local government may deem proper for making, repairing, completing, or improving any such works:
Provided that nothing herein contained shall authorise the local government to make use of any sewer, drain, or outfall for the purpose of conveying any sewage or sullage water into any river, natural stream, watercourse, lake, or pond until such sewage or sullage water is freed from all excrementitious or other foul or noxious matter as would affect or deteriorate the purity and quality of the water in the river, stream, watercourse, lake or pond:
Provided further, that the local government shall make to every person, or to any other local government aggrieved, compensation for any actionable damage actually sustained by any such person or local government through the exercise of the powers conferred by this Act, but any dispute as to the right of such person or local government to receive compensation or the amount thereof shall be heard and determined under the provisions of Part 10 of the Land Administration Act 1997.
[Section 62 inserted by No. 38 of 1933 s. 19 and 42; amended by No. 14 of 1996 s. 4; No. 31 of 1997 s. 32(1); No. 55 of 2004 s. 481.]
Limited or party schemes
63. Recovery of cost of limited schemes from owners of premises served
(1) Where the local government proposes to carry out any sewerage or drainage works which will be of special benefit to a particular portion only of its district, the local government may decide that the cost of constructing such works (in so far as it is not defrayed out of loan moneys) shall be recoverable by action in any court of competent jurisdiction from the owners of rateable lands situated within the aforesaid portion of the district, and such moneys shall be recoverable accordingly: Provided that the respective amounts to be recoverable from the various owners shall be proportionate to the values of the rateable lands owned by them respectively within such portion of the district. No direction or order given or made under this section shall be subject to appeal or review.
(2) Any such sums shall be a charge, together with interest at such rate as may be prescribed (but not exceeded by more than 0.5% the rate of interest payable in respect of any loan moneys expended on such works) on the premises to which such sum or sums relate.
[Section 63 inserted by No. 38 of 1933 s. 20 and 42; amended by No. 14 of 1996 s. 4; No. 55 of 2004 s. 482.]
63A. Interpretation
Without limiting the generality of sections 63 and 64, it is hereby declared that any sewerage or drainage works, or any sewer, carried out or constructed at the expense of the local government, are sewerage or drainage works, or is a sewer, carried out by or constructed by the local government for the purposes of those sections, notwithstanding that those works or that sewer are or is connected to a sewer or drain vested in the Water Corporation established by the Water Corporation Act 1995 and notwithstanding that the works or the sewer may not have been actually carried out or constructed by the local government.
[Section 63A inserted by No. 52 of 1968 s. 2; amended by No. 73 of 1995 s. 188; No. 14 of 1996 s. 4.]
64. Agreements for recouping costs and paying maintenance in case of limited schemes
(1) When it shall appear to any local government that the use of any sewer constructed or to be constructed by the local government will be confined to the owners or occupiers of a limited number of premises, and will not be general, then the local government may enter into agreements relating to the use of the sewer with the respective owners of such premises.
(2) Any such agreement shall provide for the drainage into the sewer of sewage and liquid waste from the premises, and may provide for the local government constructing and providing any drain to connect the premises with the sewer.
(3) In every such agreement there shall be contained an undertaking on the part of the owner to pay to the local government such annual sum as may in accordance with the agreement of the parties be necessary to cover —
(a) a reasonable instalment of a due proportion of the cost of making and providing the sewer and any incidental works;
(b) interest at such reasonable rate as may be stipulated on such proportion of the cost;
(c) the expenses of the local government for the year in maintaining and operating such sewer and works:
Provided that, in so far as the local government has expended loan moneys on the construction and provision of such sewer and works, the period over which such instalments shall be payable shall not extend beyond the period of the loan, and the rate of interest to be charged shall not exceed by more than 0.5% that payable on the loan.
(4) In the event of any person subsequently availing himself of the use of the sewer under agreement with the local government, any person who has entered into a prior agreement may apply to the local government for a revision and adjustment of the amount to be paid by him thereunder, and, in the event of no agreement thereon being arrived at within 2 months, then the application, and all questions connected therewith, shall be deemed to have been referred by the parties to arbitration under the Commercial Arbitration Act 1985.
(5) Whenever, in the opinion of the local government, the amount of any noxious or waste matter discharged into any sewer from any premises is greater than was estimated at the time any such agreement was entered into the local government may, by notice in writing served on the owner, increase the amount to be paid by the owner, pursuant to any agreement, and the remaining payments to fall due under the said agreement shall be adjusted accordingly; provided that if the owner concerned considers the increased amount excessive he may, within 2 months after the service on him of the notice, serve a notice on the local government requiring the question of what (if any) is a fair sum by way of increase, and all questions connected therewith to be submitted to arbitration, and the provisions of the Commercial Arbitration Act 1985, shall apply as if the parties had agreed to a reference of such question.
The provisions of this subsection shall apply retrospectively as well as prospectively, and in their retrospective operation shall include all agreements made under section 53B 5 of the Health Act 1911, or made since 4 January 1934.
(6) Any amount payable to the local government under any such agreement shall be and remain until paid a charge upon the premises to which the agreement refers, and on all the owner’s estate and interest therein, as if the agreement had contained an express charge to that effect, and the personal obligation to make the payments stipulated for in the agreement, and to perform and observe the terms thereof, shall be binding not only on the original party but on every subsequent owner of the premises, but so that no person shall be personally liable for the making of any payment or the discharge of any obligation which shall accrue due or arise after he has ceased to be owner of the premises.
(7) The obligations of the local government under any such agreement shall be enforceable by the owner for the time being of the premises as if had been entered into with him.
(8) Nothing in this section shall deprive the local government of any power of imposing any rate, except in so far as any such agreement as aforesaid may impose a restriction on such power for the benefit of any person liable under or entitled to the benefit of such agreement.
(9) In the event of the ownership of any premises to which an agreement refers becoming divided between 2 or more persons, then the benefit and burden of the agreement may be so apportioned and adjusted between the owners as the Minister may determine, and the Minister’s determination shall have effect as if embodied in an agreement under this section.
[Section 64 inserted by No. 38 of 1933 s. 21 and 42; amended by No. 16 of 1935 s. 4; No. 109 of 1985 s. 3(1); No. 14 of 1996 s. 4.]
65. Power to acquire land
(a) The local government may take and acquire any land it may from time to time deem necessary for any of the purposes of this Part. Any such land shall be taken under and subject to the provisions of Part 9 of the Land Administration Act 1997.
(b) If a local government fails to serve an offer on any claimant against the local government for compensation under the said Act within the time limited for that purpose by that Act, the Minister may at any time thereafter serve an offer on behalf of the local government, and such offer shall be deemed to be an offer made by the local government for the purposes of the said Act.
[Section 65 inserted by No. 38 of 1933 s. 22 and 42; amended by No. 14 of 1996 s. 4; No. 31 of 1997 s. 142.]
66. Duty of local government where street broken up
When the local government opens or breaks up the soil or pavement of a street it shall —
(a) with all dispatch complete the work for which it is broken up, and fill in the ground and reinstate and make good the street or pavement so opened or broken up; and
(b) while any portion of such street or pavement continues to be opened up or broken up, cause such portion of the street or pavement to be fenced or guarded, and sufficient light to be kept there at night.
[Section 66 inserted by No. 38 of 1933 s. 23 and 42; amended by No. 14 of 1996 s. 4.]
67. Interfering with works of other authorities
If at any time the local government deems it necessary to raise, sink, or otherwise alter the situation of any tram rails, gas pipes, or gas works, hydraulic, steam, or other pipes, electric or telephone lines, pneumatic pipes or tubes, or other works laid in or under any street, it may by notice in writing require the person to whom the works belong to raise, sink, or otherwise alter the situation of the same in such manner and within such reasonable time as shall be specified in such notice, and the expense attendant on or connected with such alteration shall be paid by the local government, and if such notice shall not be complied with, the local government may make the alterations required.
[Section 67 inserted by No. 38 of 1933 s. 24 and 42; amended by No. 14 of 1996 s. 4.]
68. Alteration of sewerage works
The local government may open the ground, and change the level or otherwise amend or enlarge any sewer lying under any public or private street or place within the district for better communicating with the main sewer or stormwater drains: Provided that no person shall by means of any such alteration, amendment, or enlargement be deprived of the use and enjoyment of any private sewer or drain which he shall be entitled to use, but the local government may at its own cost so construct and alter such private sewer or drain as to render the same as effectual for the purposes for which it was intended as any such sewer or drain may be at the time of such alteration.
[Section 68 inserted by No. 38 of 1933 s. 25 and 42; amended by No. 14 of 1996 s. 4.]
69. Ventilating shafts etc. may be attached to walls and buildings
The local government may cause any ventilating shaft, pipe, or tube of any sewer or drain to be attached to any wall or building within its district; provided that the mouth of every such shaft, pipe, or tube shall be at least 1.8 metres higher than any window or door situated at a distance of 9 metres therefrom, and also make use of the chimney of any public building, or of any factory or any tramway building, for a ventilating shaft or tube: Provided that no ventilating shaft for the purpose of ventilating any sewer shall be attached to a private residence.
[Section 69 inserted by No. 38 of 1933 s. 26 and 42; amended by No. 94 of 1972 s. 4(1) (as amended by No. 83 of 1973 s. 3); No. 14 of 1996 s. 4.]
70. Maps of systems to be kept
The local government shall cause to be made a map of all sewerage works in its district, on such scale and with such indications of levels and particulars of sewers and other works as may be prescribed, and shall cause such map to be revised from time to time and such additions made thereto as may show any new sewers, drains, and works, and the date of every revision shall be expressed therein. A copy of every such map shall be kept in the office of the Executive Director, Public Health, and another copy shall be kept in the office of the local government, and shall be open at all reasonable times to the inspection of the owner or occupier of any land within the district of the local government.
[Section 70 inserted by No. 38 of 1933 s. 27 and 42; amended by No. 28 of 1984 s. 45; No. 14 of 1996 s. 4.]
71. Sewers to be kept cleansed
The local government shall cause all sewers and drains under its control to be constructed and kept so as not to be a nuisance or injurious to health, and shall keep the same properly cleansed, and for that purpose may construct, either above or below the ground, such reservoirs, sluices, engines, and fittings as it may think necessary, and may cause all or any of such sewers or drains to connect with and to be emptied into such places as it may think fit, and may cause the sewage and refuse therefrom to be collected for sale or for any purpose whatever, but not so as to create a nuisance.
[Section 71 inserted by No. 38 of 1933 s. 28 and 42; amended by No. 14 of 1996 s. 4.]
Division 2 — Connection of premises to drains and sewers of local government
[Heading inserted by No. 38 of 1933 s. 42; amended by No. 14 of 1996 s. 4.]
72. Owners or occupiers may be compelled to connect premises when works complete
(1) As soon as any sewer or any part of the sewer is complete and ready for use, the local government may by notice in writing demand that the owner or occupier of any land situate in its district and capable, in the opinion of the local government, of being drained into such sewer, shall construct such drains and fittings from and in connection with such land to connect with the sewer as the local government may determine.
(2) Such drains and fittings shall be made and attached and be supplied with water according to such plans and directions as the local government shall deem proper for effectually carrying off all impurities from the land.
[Section 72 inserted by No. 38 of 1933 s. 29 and 42; amended by No. 14 of 1996 s. 4.]
73. Notice to owner or occupier to carry out installation of fittings
(1) The local government may, after giving the prescribed notice to the owner or occupier of any land, require such drains and fittings to be constructed by the owner or occupier within such time as it may limit in that behalf, and may require ventilating shafts, pipes, or tubes to be attached to any building or erected apart from or otherwise than attached to any building and to be connected with the drains.
(2) If the same shall not be constructed within such time or according to such plans and directions as the local government shall think proper, the local government may construct and attach the same, and for that purpose may enter into or upon the land of any such owner or occupier and excavate the ground, and make and construct and attach such drains and fittings, and may attach any such ventilating shafts, pipes, or tubes as aforesaid.
(3) The local government may in such case recover from every such owner or occupier in any court of competent jurisdiction, the full amount of the expenses of making such drains and fittings, or attaching or connecting such ventilating shafts, pipes, or tubes, together with interest at such rates as may be prescribed, but not exceeding by more than 0.5% the rate of interest on any loan moneys expended in carrying out such work; and the cost of providing, laying down, constructing, and fixing in readiness for use such drains and fittings shall, as between the owner and occupier of the land, be payable by the owner.
(4) All such moneys, together with interest as aforesaid, shall be a charge on the lands in respect of which they were expended.
[Section 73 inserted by No. 38 of 1933 s. 30 and 42; amended by No. 14 of 1996 s. 4.]
74. Where the local government makes installations it may enter into agreements with persons responsible for payment of cost
(1) Where any owner or occupier of land becomes liable to the local government for the expense of making drains or fittings, or attaching or constructing ventilating shafts, pipes, or tubes, the local government may, on the application of the owner or occupier, enter into an agreement with the owner or occupier for the payment of such expenses and any costs incurred by the local government in relation to such works, over a period not exceeding the period of any loan from which the moneys expended to pay for the same were derived, or in not more than 60 quarterly instalments from the date of the completion of the work, if that period does not exceed the period of the loan.
(2) Interest from time to time on the amount remaining, to be paid at such rate per centum per annum, not exceeding by more than 0.5% per annum the rate of interest on the loan moneys from which such moneys were expended, and in other cases, at such rate as may be prescribed, shall be added to each instalment, and all such moneys and interest shall be a charge on the land in respect of which such works have been carried out, and may be recovered from any owner of such land with costs.
(3) The obligation of any occupier under an agreement made pursuant to this section shall cease in respect of any instalments becoming due thereunder after his tenancy shall have determined, but without prejudice to the right of the local government to recover such instalments from the owner.
[Section 74 inserted by No. 38 of 1933 s. 31 and 42; amended by No. 16 of 1935 s. 5; No. 14 of 1996 s. 4.]
75. Right of owner or occupier to connect drains with sewer
The owner or occupier of any land in the district of the local government may, subject to such conditions as the local government may impose and to the relative local laws, cause his drains to empty into the covered sewers of the local government.
[Section 75 inserted by No. 38 of 1933 s. 32 and 42; amended by No. 14 of 1996 s. 4.]
76. Owner or occupier of land outside district may connect sewer on conditions imposed by local government
The owner or occupier of any land beyond the district of the local government may cause any sewer or drain from such land to communicate with any sewer of the local government, on such conditions as the local government may impose.
[Section 76 inserted by No. 38 of 1933 s. 33 and 42; amended by No. 14 of 1996 s. 4.]
77. Restrictions on construction or alteration of certain drains and fittings
A person who constructs or alters any drain or fitting connected with a sewer —
(a) without having given not less than one week’s written notice to the local government of his intention to do so; or
(b) otherwise than in accordance with —
(i) the conditions laid down in the local laws of the local government; and
(ii) such plans and in such manner as the local government directs,
commits an offence.
[Section 77 inserted by No. 80 of 1987 s. 5; amended by No. 14 of 1996 s. 4.]
78. Owner or occupier responsible for cleaning private drains
(1) All drains and fittings connected with any sewer shall from time to time be repaired and cleansed under the inspection or direction of the local government, at the expense of the owner or occupier of the land in respect of which the said drain shall be constructed.
(1a) An owner or occupier referred to in subsection (1) who, if the local government —
(a) does not give him a direction in respect of the repair or cleansing of a drain or fitting referred to in that subsection, repairs or cleanses that drain or fitting otherwise than under the inspection of the local government; or
(b) gives him a direction in respect of the repair or cleansing of a drain or fitting referred to in that subsection, does not repair or cleanse that drain or fitting in accordance with that direction,
commits an offence.
(2) Subject to any agreement between the owner and occupier of any premises, the cost of repairing drains and fittings shall, as between the owner and occupier, be payable by the owner, and the cost of cleansing drains shall, as between the owner and occupier, be payable by the occupier.
[Section 78 inserted by No. 38 of 1933 s. 35 and 42; amended by No. 113 of 1965 s. 8(1); No. 80 of 1987 s. 6; No. 14 of 1996 s. 4.]
79. Obstructing or encroaching on sewers
(1) Every person who shall erect, construct, or place any building, wall, fence, or obstruction in, upon, or over or under any sewer, so as to interfere with or injuriously affect such sewer in the carrying away of sewage or drainage, and every person who shall obstruct, fill in, close up, or divert any sewer without the previous consent in writing of the local government, commits an offence.
(2) The local government may perform any works necessary for restoring or reinstating such sewer; and the person offending shall be liable to pay the local government all expenses incurred in performing such works. All such expenses may be recovered in any court of competent jurisdiction.
[Section 79 inserted by No. 38 of 1933 s. 36 and 42; amended by No. 113 of 1965 s. 8(1); No. 80 of 1987 s. 7; No. 14 of 1996 s. 4.]
80. Local government may enforce drainage of undrained houses
(1) Subject to the express provisions of section 72, when any house in the district is without a drain sufficient for effectual drainage, the local government may, by written notice, require the owner or occupier of such house, within a reasonable time therein specified, to make a drain or drains emptying into any sewer of the local government which is not more than 91 metres from the curtilage of such house; or, if no such means of drainage are within that distance, then emptying into such place within that distance, and not being under any house as the local government directs.
(2) The local government may require any such drain or drains to be of such material, and size, and to be laid at such level and in such direction and with such fall as appear to the local government to be necessary.
(3) If such notice is not complied with, the local government may, after the expiration of the time specified in the notice, do the work required, and recover the expenses incurred by it in so doing from the owner.
[Section 80 inserted by No. 38 of 1933 s. 37 and 42; amended by No. 94 of 1972 s. 4(1) (as amended by No. 83 of 1973 s. 4); No. 14 of 1996 s. 4.]
81. Owner may be required to connect premises with public sewer
(1) Subject to the express provisions of section 72, when there exists in any district any sewer (whether constructed by or under the control of the local government or not) ready for use and suitable for the removal of sewage on the water‑carriage system, then the local government may, by notice in writing, require the owner of any house or land situated in the district within 91 metres of the sewer, and capable, in the opinion of the local government, of being drained into such sewer, to provide for the removal of sewage from such house or land, and for that purpose to construct and provide, within a time specified in the notice, such drains and fittings as the authority having control of such sewer shall deem necessary, and to connect such drains with the sewer.
(2) Such drains and fittings shall be constructed and connected and be supplied with water in accordance with the laws and regulations applicable to the sewer, and in conformity with any directions given by the authority controlling the sewer.
(3) It shall be the duty of any owner to whom any such notice as aforesaid is given to comply with that notice within the time specified therein, and to carry the same into complete effect.
(4) If a notice given under this section is not complied with, the local government may, after the expiration of the time specified in the notice, do the work required, and for that purpose may enter into or upon the house or land of the owner and excavate the ground and construct and provide such drains and fittings and connect such drains with the sewer.
(5) The local government may recover from the owner in any court of competent jurisdiction the full amount of the expenses incurred by it in constructing and providing such drains and fittings and connecting such drains to the sewer pursuant to subsection (4), with interest at a rate, if loan moneys are expended in carrying out the work, not exceeding by more than 0.5% the rate of interest payable on the loan but otherwise at such rate as the Minister may approve, and such amount and interest shall be and remain a charge upon the land in respect of which the expenses were so incurred, notwithstanding any change that may take place in the ownership of that land.
[Section 81 inserted by No. 38 of 1933 s. 38 and 42; amended by No. 8 of 1965 s. 2; No. 94 of 1972 s. 4(1) (as amended by No. 83 of 1973 s. 4); No. 14 of 1996 s. 4.]
82. Buildings without drains
(1) No person shall —
(a) erect any house; or
(b) rebuild any house which has been pulled down to or below the ground floor;
(c) occupy any house so erected or rebuilt,
unless or until such drains (if any) as the local government deems necessary for the effectual drainage of the house are provided to the satisfaction of the local government.
(2) Subject to the express provisions of section 72 the drain or drains so to be constructed shall empty into some sewer of the local government which is within 91 metres from the curtilage of the house to be built or rebuilt; or, if no such means of draining are within that distance, shall, subject to the local laws, empty into such place within that distance, not being under any house, as the local government directs.
(3) Any person who causes any house to be erected or rebuilt, or any drain to be constructed, contrary to the provisions of this section commits an offence.
[Section 82 inserted by No. 38 of 1933 s. 39 and 42; amended by No. 113 of 1965 s. 8(1); No. 94 of 1972 s. 4(1) (as amended by No. 83 of 1973 s. 4); No. 80 of 1987 s. 8; No. 14 of 1996 s. 4.]
82A. Where the local government makes connections with sewers it may enter into agreement with person responsible for payment of cost
(1) Where the local government has been requested in writing by the owner of premises in the district of the local government to arrange for the connection of any of the drains of the premises with a sewer, whether constructed by or under the control of the local government or not or for the supply and installation in the premises of any bath, basin, sink or trough, and the pipes and fittings necessary for the proper functioning thereof, whether the supply and installation is by way of replacement or not, the local government may do the necessary work and provide the necessary materials, and may recover from the owner the expenses incurred by the local government in doing so.
(2) The local government may at the request of the owner enter into an agreement with the owner for the payment of the expenses, by such instalments extending over such period, not exceeding 15 years, and including such rate of interest, as the local government deems reasonable.
(3) So much of the expense, and so much of the interest due, as is not paid to the local government, is a charge upon the land on or in relation to which the expense is incurred, notwithstanding any change that may take place in the ownership of the land.
[Section 82A inserted by No. 29 of 1955 s. 2; amended by No. 38 of 1960 s. 2; No. 14 of 1996 s. 4.]
83. Making sewers and drains under private land
Without affecting the provisions of this Act relating to the powers of the local government in the carrying out of any sewerage and drainage works, and the compulsory connection of any premises to any such works, whenever in the opinion of the local government it is necessary for the proper drainage of any land or premises to construct a sewer or drain through or under private land, the following provisions shall apply:
(a) The local government may by notice in writing to the owner and to the occupier (if any) require him or them to permit such sewers or drains to be made through or under such private land.
(b) After one month from the service of such notice on the owner and the occupier (if any), the local government, or any person authorised by the local government, may make such sewers or drains through or under such private land and may without notice enter into the premises to maintain or repair such sewer or drain.
(c) Where any sewer or drain is made by or with the authority of the local government, or the person so authorised, there shall be paid to the owner and to the occupier compensation for any damages occasioned by them in consequence of such works, and in relation to the assessment and determination of such compensation the provisions of Part 10 of the Land Administration Act 1997 shall, with the necessary modifications, apply. There shall be payable to such owner in addition to any sum claimable under the last‑mentioned Act all loss which may arise or be consequent upon the exercise by the local government of any of the powers herein, including the depreciation (if any) in the value of the land through or under which any sewer or drain may be made.
(d) Subject to the provisions of section 63 and section 64, all expenses incurred by the local government or by any person in making any sewer or drain through or under private land, and any compensation and costs shall be repaid to the local government or to the person so authorised —
(a) in the case of drainage of private land or premises, by the owner thereof;
(b) in the case of the drainage of any street, road, or way, by the owner of the land and premises fronting or abutting thereon, if the local government shall so require; and
(c) as between several owners, in such proportions as the local government may fix,
and may be recovered by action in any court of competent jurisdiction.
[Section 83 inserted by No. 38 of 1933 s. 40 and 42; amended by No. 14 of 1996 s. 4; No. 31 of 1997 s. 32(2).]
84. Recovery of expenses incurred by local government
All expenses incurred by the local government in making any sewer or drain through or under private land, and in compensation and costs, shall be repaid to the local government —
(a) in the case of drainage of private land or premises, by the owner thereof;
(b) in the case of the drainage of any street, road, or way, by the owner of the land and premises fronting or abutting thereon, if the local government shall so require; and
(c) as between several owners, in such proportions as the local government may fix,
and shall be recoverable in a court of competent jurisdiction.
[Section 84 amended by No. 14 of 1996 s. 4; No. 59 of 2004 s. 141.]
85. Dwelling‑houses on low lying land
It shall not be lawful for any person, upon land which is so situated as not to admit of being drained by gravitation into an existing sewer, to erect any building to be used wholly or in part as a dwelling‑house, or to adapt any building to be used wholly or in part as a dwelling‑house, except with the permission of the local government and subject to and in accordance with such local laws as the local government may from time to time prescribe.
The local government may by such local laws —
(a) prohibit the erection of dwelling‑houses or the adaptation of any buildings for use as dwelling‑houses on such land, or any defined area or areas of such land;
(b) regulate the erection of dwelling‑houses or the adaptation of buildings for use as dwelling‑houses on such land, or any defined area or areas of such land;
(c) prescribe the level at which the under side of the lowest floor of any permitted building shall be placed on such land, or any defined area of such land, and as to the provision to be made and maintained by the owner for securing efficient and proper drainage of the buildings.
[Section 85 amended by No. 14 of 1996 s. 4.]
86. Filling up low lying land
(1) Whenever the surface of any land is lower than the level of the street, road, sewer, or drain into which the water off the said land should, in the opinion of the local government, drain, the local government may give notice to the owner to fill up such land within a time limited by the notice, so that the same may be so drained.
(2) An owner who neglects or refuses to comply with a notice given to him under subsection (1) commits an offence.
(2a) When an owner neglects or refuses to comply with a notice given to him under subsection (1), the local government may do the work required by that notice to be done and recover from the owner so in default the expense incurred by it in so doing.
(3) Such expense, until paid, shall be and remain a charge upon the land, notwithstanding any change that may take place in the ownership thereof.
[Section 86 amended by No. 113 of 1965 s. 8(1); No. 80 of 1987 s. 9; No. 14 of 1996 s. 4.]
87. Stagnant water holes
The local government may, and, if required by the Executive Director, Public Health, shall cause to be drained, cleansed, covered, or filled up all ponds, pools, open ditches, sewers, drains, and places containing or used for the collection of any drainage, filth, water, matter, or thing of an offensive nature, or likely to be prejudicial to health, by making and serving an order upon the person causing any such nuisance, or upon the overseer, owner, or occupier of any premises whereon the same exists, requiring him within a time to be specified in such order to drain, cleanse, cover, or fill up any such pond, pool, ditch, sewer, drain, or place, or to construct a proper sewer or drain for the discharge thereof, as the case may require.
[Section 87 amended by No. 28 of 1984 s. 45; No. 14 of 1996 s. 4.]
88. Stagnant water in cellars etc.
(1) No person shall suffer any waste or stagnant water to remain in any cellar or premises in or about any dwelling‑house for 24 hours after notice given and served upon him by the local government or its officer to remove same.
(2) If the local government has reason to suspect that there is any waste or stagnant water in or about any house or premises, such local government, after 24 hours’ notice, in writing, to the occupier or owner of such house may direct its officers to make entry into or upon such house or premises, and cause any floor or portion thereof to be opened up in order to ascertain whether there is in or about any such house any waste or stagnant water; if there is no waste or stagnant water found underneath any floor so removed, such local government shall cause to be repaired and made good any such floor or portion thereof so removed as aforesaid; but if there is found any waste or stagnant water under any such floor, then in such case all expenses incurred in the removal and repair of such floor or portion thereof shall be chargeable to the owner of the house or premises, and may be recovered from such owner as hereinafter provided.
(3) Before any waste or stagnant water having an offensive smell is emptied from any cellar or other premises, the occupier of such premises shall cause such water to be thoroughly deodorised.
[Section 88 amended by No. 14 of 1996 s. 4.]
89.
The owner of any house to which there is a cellar shall, if so required by the local government, and within a time to be specified, cause such cellar to be paved or asphalted in manner directed by and to the satisfaction of the local government; and if such cellar is subject to the leakage of water thereinto, and there is no drain for the discharge of such water, such owner shall likewise, if so required by the local government, construct in such cellar where, when, and as directed, a well for the gathering of such leakage, and upon completion of such well shall cause the same to be regularly empt