HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911

Western Australian Current Acts

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HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911

TABLE OF PROVISIONS

Long Title

PART I -- Preliminary

1. Short title and commencement
3. Terms used
5. Savings
6. Power to suspend operation of Act

PART II -- Administration

Division 1 -- The Minister, CEO and Chief Health Officer

7. Minister
8. Minister to be body corporate
12. Powers of Chief Health Officer and authorised officers
13A. CEO and Chief Health Officer may delegate
16. Chief Health Officer may act where no local government
17. Expenditure to be paid out of appropriated moneys

Division 2 -- Local governments

22. Annexation
25. District may include water
26. Powers of local government
35. Proceedings on default of local government
36. Review of orders and decisions of local governments by SAT
38. Local governments to report annually

Division 3 -- The exercise of ministerial control

39. Powers of Minister

PART III -- Financial

40. Power to levy general health rate
41. Sanitary rate
42. Supplementary rates
44. Borrowing powers
45. Special loan rate
46. Application of rating provisions of Local Government Act 1995
47. Health rate to be regarded in determining borrowing powers
48. Time for giving notice of rate may be extended
49. Accounts and audit
52. Financial adjustment

PART IV -- Sanitary provisions

Division 1 -- Sewerage and drainage schemes

53. Sewers vested in local government
54. Power of local government to construct and maintain sewers
55. Governor’s approval necessary to all schemes
56. Power to do acts preliminary to formulating scheme
57. Notice of plans and specifications
58. Objections
59. Copies of plans and specifications to be available for inspection
60. Conditions on which Minister may recommend scheme to Governor
61. Apportionment of costs and maintenance of joint schemes
62. Powers of local government in carrying out works
63. Recovery of cost of limited schemes from owners of premises served
63A. Interpretation
64. Agreements for recouping costs and paying maintenance in case of limited schemes
65. Power to acquire land
66. Duty of local government where street broken up
67. Interfering with works of other authorities
68. Alteration of sewerage works
69. Ventilating shafts etc. may be attached to walls and buildings
70. Maps of systems to be kept
71. Sewers to be kept cleansed

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
73. Notice to owner or occupier to carry out installation of fittings
74. Where local government makes installations it may enter into agreements with persons responsible for payment of cost
75. Right of owner or occupier to connect drains with sewer
76. Owner or occupier of land outside district may connect sewer on conditions imposed by local government
77. Restrictions on construction or alteration of certain drains and fittings
78. Owner or occupier responsible for cleaning private drains
79. Obstructing or encroaching on sewers
80. Local government may enforce drainage of undrained houses
81. Owner may be required to connect premises with public sewer
82. Buildings without drains
82A. Where local government makes connections with sewers it may enter into agreement with person responsible for payment of cost
83. Making sewers and drains under private land
84. Recovery of expenses incurred by local government
85. Dwelling-houses on low lying land
86. Filling up low lying land
87. Stagnant water holes
88. Stagnant water in cellars etc.
89. Paving and asphalting of cellars
90. Brickmaking and other excavations to be fenced
91. Storm water to be allowed its natural channel
92. Unauthorised building over sewers and under streets
93. Injurious matter not to pass into sewers
94. Chemical refuse, steam etc. not to be turned into sewers

Division 3 -- Disposal of sewage

95. Disposing of sewage
96. Communication of sewers with sewers of adjoining district
97. Dealing with land appropriated to sewage purposes
98. Punishment for placing sewage in streets etc.

Division 4 -- Sanitary conveniences

99. Houses to have sanitary conveniences
100. Provision of apparatus for treatment of sewage
101. Sanitary conveniences for workshops etc.
102. Sanitary conveniences in connection with works
103. Persons to carry out sanitary work in certain cases
104. Earth-closets
105. Public sanitary conveniences
106. Power to make pan charges
107. Drains, privies etc. to be properly kept
107A. Articles in use in construction or operation of sewers etc. to be of prescribed standard
108. Examination of drains etc.
109. Local government may require filling up of certain cesspools
110. New cesspools for nightsoil forbidden
111. Local government may supply receptacles

Division 5 -- Scavenging, cleansing, etc.

112. Local government to provide for removal of refuse and cleansing works
113. Power of contractor to recover
114. Obstruction or hindrance of certain works penalised
116. Procedure when local government undertakes work
117. Cleansing common courts and passages
119. Reserves for deposit of sewage, rubbish or refuse
120. Power to close depots
121. Building on sanitary depots
122. Provision for obtaining order for cleansing offensive watercourse or ditch on boundaries of districts
123. Access to sanitary reserves

Division 7 -- Pollution of water

129. Pollution of water supply
130. Riparian rights
131. Sources of water supply may be closed
132. Power to seize and destroy pigs etc. trespassing on rivers etc.

Division 8 -- Morgues

133. Local government may license morgues

Division 9 -- Local laws

134. Purposes for which local laws may be made

PART V -- Dwellings

Division 1 -- Houses unfit for occupation

135. Dwellings unfit for habitation
136. Such house not to be let or occupied
137. Condemned building to be amended or removed
138. Land to be cleaned up after removal of house or building therefrom
139. Owner may be required to clean or repair house
140. Local government may act in default of owner
141. Penalty for erecting buildings on ground filled up with offensive matter
142. Occupying cellar dwellings
143. Plans of buildings to be submitted to local government
144. Building not erected as dwelling not to be converted into one
145. Authorised officer may order house or things to be cleansed

Division 2 -- Lodging-houses

146. Registers of lodging-houses
147. Registration
148. Conditions of registration
149. Notice of registration to be affixed
150. Supply of water
151. Cleansing of walls etc.
152. Notification of disease
153. Inspection
154. Offences by keepers
155. Conviction for third offence
156. Lodging-house keepers to report deaths
157. Register of lodgers to be kept
158. Local laws in respect of lodging-house
159. Evidence as to family in proceedings

PART VI -- Public buildings

173. Terms used
174. Application to Crown
175. Relationship to other laws
175A. Chief Health Officer may act in relation to major event
176. Approval of plans
177. Approval
178. Certificate of approval
179. Inspection and control of public buildings
180. Regulations

PART VII -- Nuisances and offensive trades

Division 1 -- Nuisances

181. Removal of offensive matter
182. Definition of nuisances
182A. Regulations as to section 182(13)
183. Immediate action in respect of nuisances
184. Mode of dealing with nuisances
185. Proceedings when nuisance caused by default outside district

Division 2 -- Offensive trades

186. Term used: offensive trade
187. Consent necessary for establishing offensive trade
188. Penalty for breach
189. Penalty for illegally carrying on offensive trade
190. Local laws regulating offensive trades
191. Offensive trades to be registered
192. Local government may refuse to register or to renew registration
193. Power to restrict offensive trades to certain portions of proclaimed areas
194. Offensive trades
195. Construction, drainage and equipment of slaughter-houses
196. Slaughter-houses to be kept in accordance with Act
197. No swine, dog or poultry to be kept at slaughter-house
198. Swine not to be fed on raw offal etc.

Division 3 -- Local laws

199. Local laws in respect of nuisances and offensive trades
200. Regulations as to medical examinations for persons in prescribed industries

PART VIIA -- Pesticides

Division 1 -- Registration of analysts

203. Registration of analysts

Division 8 -- Pesticides

246. Term used: Pesticides Advisory Committee
246A. Crown bound, but Health Practitioner Regulation National Law (Western Australia) and Medicines and Poisons Act 2014 not affected by Division
246B. Pesticides Advisory Committee
246BA. General powers of Pesticides Advisory Committee
246C. Regulations relating to pesticides

PART VIIIA -- Analytical services

247AA. Terms used
247A. Local Health Authorities Analytical Committee
247BA. Term of office and vacation of office
247B. Meetings and procedure of Analytical Committee
247C. Powers and functions of Analytical Committee
247D. Participation in scheme by local governments
247E. Application of Financial Management Act 2006 and Auditor General Act 2006
247F. Regulations as to Part VIIIA

PART IX -- Infectious diseases

Division 1 -- General provisions

249. Local laws to prevent spread of infectious disease

PART IXA -- Prevention and alleviation of certain non-infectious disease processes and physical or functional abnormalities

289A. Objects of this Part
289B. Term used: prescribed condition of health
289C. Regulation as to Part IXA
289D. Powers conferred by this Part are cumulative

PART XII -- Hospitals

Division 1 -- Public hospital

324. Local governments may establish or subsidise hospitals
324A. Power for CEO to enter into agreement for establishment of maternal and health centres and provide nursing staff etc.

PART XIIA -- Community health centres, etc.

330A. Land may be acquired or leased for community health centres
330B. Local governments may subsidise certain medical centres

PART XIII -- Child health and preventive medicine

331. Terms used
332. Application of Part to abortion
333. Regulations
335. Reports to be furnished
336. Death of woman as result of pregnancy or childbirth to be reported to Chief Health Officer
336A. Certain deaths of children to be reported to Chief Health Officer
336B. Death of persons under anaesthetic to be reported to Chief Health Officer
337. Examination of school children
337A. Schools dental service

PART XIIIA -- Maternal Mortality Committee

340A. Terms used
340B. Constitution and offices of Committee
340C. Appointment of deputies
340D. Nominations to be made to Minister
340E. Tenure of office
340F. When office of member becomes vacant
340G. Vacancies in offices of members to be filled
340H. Meetings and procedure of Committee
340I. Reimbursement of expenses of members of Committee
340J. Appointment of investigator
340K. Functions of Committee
340LA. Further provisions relating to proceedings of Committee
340LB. Contents of notification confidential
340L. When report of investigator may be published
340M. Information given for research not to be disclosed

PART XIIIB -- Perinatal and Infant Mortality Committee

340AA. Terms used
340AB. Constitution and offices of Committee
340AC. Appointment of deputies
340AD. Nominations to be made to Minister
340AE. Tenure of office
340AF. When office of member becomes vacant
340AG. Vacancies in offices of members to be filled
340AH. Meetings and procedure of Committee
340AI. Reimbursement of expenses of members
340AJ. Appointment of investigator
340AK. Functions of Committee
340ALA. Further provisions relating to proceedings of Committee
340ALB. Contents of notification confidential
340AL. When report may be published
340AM. Information for research not to be disclosed

PART XIIIC -- Anaesthetic Mortality Committee

340BA. Terms used
340BB. Constitution and offices of Committee
340BC. Appointment of deputies
340BD. Nominations to be made to Minister
340BE. Tenure of office
340BF. When office of member becomes vacant
340BG. Vacancies in offices of members to be filled
340BH. Meetings and procedure of Committee
340BI. Reimbursement of expenses of members
340BJ. Appointment of investigator
340BK. Functions of Committee
340BLA. Further provisions relating to proceedings of Committee
340BLB. Contents of notification confidential
340BL. When report may be published
340BM. Information for research not to be disclosed

PART XIV -- Regulations and local laws

341. Regulations
342. Local laws
343. Model local laws
343A. Regulations to operate as local laws
343B. Governor may amend or repeal local laws
344. Penalties, fees etc.
344A. Incorporation by reference
344B. Evidence of contents of standard etc. adopted
344C. Fees and charges may be fixed by resolution
345. Regulations to be confirmed
348. Evidence of local laws
348A. Proclamations etc. may be revoked or varied

PART XV -- Miscellaneous provisions

349. Entry
350. Vessels
351. Obstructing execution of Act
352. Duty of police officers and authorised officers
353. Power to take possession of and lease land or premises on which expenses are due
354. Service of notice
355. Continued operation of notices and orders
356. Proof of ownership
357. Power to suspend or cancel licences
358. Prosecution of offences
359. No abatement
360. Penalties
361. General penalty
362. Proceedings for offence
365. Protection against personal liability
366. No officer to be concerned in contract
367. Recovery of expenses from local government
368. Contribution
369. Liability of owner and occupier under requisition or order
370. Penalty if owner or occupier hinders the other
371. Money owing to local government to be charge against land in certain cases
372. Provisions as to charge on land or premises
373. References to owner and occupier
374. Appearance of local governments in legal proceedings
375. Power to inspect register of births and deaths
376. Authentication of documents
377. Evidence
378. Regulations and local laws to be judicially noticed
379. Transitional provisions for Public Health (Consequential Provisions) Act 2016
SCHEDULE 2
SCHEDULE 5
SCHEDULE 6 -- Transitional provisions for Public Health (Consequential Provisions) Act 2016

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