Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911 - SECT 134

134 .         Purposes for which local laws may be made

                Local laws may be made in accordance with Part XIV for all or any of the following purposes:

        (1)         The provision, construction, situation, inspection, maintenance, and control of sewers and drains, and apparatus for the treatment of sewage, and house fittings and appliances connected therewith.

        (1a)         Prescribing the nature, quality and dimensions of and marks to be applied to fittings or parts of apparatus for the treatment of sewage and prohibiting the use in the construction of the apparatus of fittings or parts not in conformity with the standards prescribed.

        (2)         Prescribing the conditions on which any connection of a private drain with a public sewer or drain may be made, cut off, or repaired.

        (3)         Prescribing the purposes for which any drains or sewers shall be used or applied.

        (4)         Prescribing the dimensions, material, form, construction, and arrangement of and the maintenance or alteration of ventilators for drains or sewers.

        (5)         Prescribing the disinfection and cleansing of or otherwise dealing with any substance or matter for the discharge thereof into any drain or sewer.

        (6)         Prescribing the fees payable for tapping the mains or connecting with the sewers of the local government.

        (7)         Providing for the proper keeping and repair by owners and occupiers of drains and fittings on or communicating with premises owned or occupied by them.

        (8)         Prohibiting any alteration or interference with any drains or fittings without the consent of or notice to the local government.

        (9)         Enabling the local government to repair all such drains or fittings with a view to preventing nuisances and for the efficient working of sewers with which they may communicate.

        [(10), (11)         deleted]

        (12)         Prescribing scales of charges to be made periodically or otherwise, as the case may require, in respect of non-rateable premises which are served by any sewer or drain, or for any services rendered in respect of such premises under this Act, and for the recovery of such charges in the same manner as rates.

        (13)         Requiring that all buildings be provided with spouting, downpipes, and drains sufficient to carry off all storm or rain water.

        (14)         The provision of water for sanitation purposes by either of the following methods, namely —

                  (i)         the supply of water from established water supplies and the reticulation thereof to bathrooms, kitchens and laundries; or

                  (ii)         the provision of wells and equipment; or

                  (iii)         the provision and maintenance of water storage tanks with catchment facilities and with a prescribed capacity for premises in prescribed areas;

                Provided that a water storage tank used for sanitation purposes in connection with a house or other premises shall be deemed sufficient if it has a capacity of not less than 4.5 m 3 .

        (15)         Requiring the foundations of any new building, and the ground on which the same is erected, to be dry, sound, and well drained.

        (16)         The establishment, use, and control of sanitary conveniences for public accommodation.

        (17)         The establishment, use, and control of receptacles for the deposit and collection of dust, ashes, rubbish, and other offensive matter, whether temporary or otherwise.

        (18)         Preventing or regulating the deposit of filth, dust, ashes, rubbish, sludge, or offensive matter upon streets and other lands and places under the control of the local government.

        (19)         Imposing upon the occupier of any premises the duties of the cleansing of footways and pavements adjoining such premises, the removal of house refuse from such premises, and the cleansing of sanitary conveniences belonging to such premises, when a local government does not itself undertake or contract for such cleansing or removal, and prescribing the manner in which such duties are to be performed; or when a local government itself undertakes or contracts for such cleansing or removal, imposing on such occupier duties in connection with such cleansing or removal so as to facilitate the work undertaken or contracted for.

        [(20)-(24)         deleted]

        (25)         The provision, construction, and situation of sanitary conveniences on any premises and prescribing the classes or descriptions of sanitary conveniences which alone may lawfully be in use in the district generally, or in specified parts of the district.

        (25a)         The provision, number, situation, construction, equipment, dimensions, maintenance, period of maintenance and removal of sanitary conveniences on the site of works undertaken in the district for the use of persons engaged on the work.

        (26)         Abolishing the ordinary system of pans for nightsoil and providing that every closet be furnished with a double-pan service.

        (27)         Requiring for each closet the supply of a sufficient number of receptacles for excrementitious matter, and to determine the size, shape, style and materials to be used in the construction of such receptacles, and especially that they be interchangeable with others in the same district.

        (28)         Prescribing that at least once a week, or so much more frequently as the local government may from time to time direct, the pan in use be closed with a tightfitting lid, and removed in a suitable cart, and that a pan cleansed by superheated steam, or some equally efficient means approved by the local government be left in its place.

        (29)         Fixing the charge which may be made, when no annual charge is made under section 106 for removing each receptacle and replacing it by a clean one and for any other sanitary service.

        [(30)         deleted]

        (31)         Determining to whom and on what conditions licences to remove nightsoil shall be issued.

        (32)         Imposing penalties on licensees for breach of conditions.

        (33)         Making the use of a sufficient quantity of suitable disinfectant or deodorant compulsory.

        (34)         Regulating the disposal of nightsoil, urine, and refuse.

        (35)         Regulating the collection and disposal of pig swill, providing for the annual registration of collectors of pig swill, prescribing the conditions of and fees for registration, prohibiting any unregistered person from undertaking such collection or from disposing of pig swill, prescribing the mode, means and hours of collection, and compelling notification to the local government of the premises from which a collector has contracted to collect pig swill.

        (36)         Requiring that all nightsoil removed be either rendered inoffensive or treated in a destructor, desiccator, or incinerator, or be trenched or ploughed into land.

        (37)         Prescribing the times for the removal or carriage through the streets of any faecal or offensive or noxious matter or liquid, whether into or out of or through the district: providing that the utensils, receptacles, and vehicles used therefor shall be properly constructed and covered so as to prevent the escape of any such matter or liquid or of any offensive smell; and compelling the cleansing of any place whereon such matter or liquid has been dropped or spilt in removal or carriage.

        (38)         Prescribing and regulating the construction, ventilation, paving, drainage, and situation of stables, pig-sties, poultry yards, or other premises other than dairies on which animals are kept.

        (39)         Regulating the keeping of animals or birds so as not to be a nuisance, injurious, or dangerous to health.

        (40)         Defining areas within the district within which it shall not be lawful to keep animals or birds or particular species of animal or of bird, and prohibiting the keeping of animals or birds or of a particular species of animal or of bird in such areas.

        (41)         For the prevention of the pollution of any water supply.

        (42)         Regulating the sanitation and cleanliness of the premises of hairdressers, and the precautions to be observed by persons carrying on the business of a hairdresser.

        (43)         For the cleaning of public vehicles.

        [(44)         deleted]

        (45)         Prescribing the fees to be paid for the licensing of morgues, and the conditions on which such licences may be granted.

        (46)         Prescribing the fees to be paid to a local government for any sanitary or other services rendered by it in connection with any camp.

        (47)         For the regulation and control of the sanitation of camps.

        (48)         For the prevention of the pollution of any water used for bathing purposes.

        (48a)         Regulating the construction, equipment, maintenance and use of lakes used for cable skiing, spa pools, swimming baths, swimming pools, waterslides, wave pools and any other aquatic amenities or facilities that are controlled or used by or in connection with any club, school, business, association or body corporate, and prescribing the quality and treatment of the water to be used in those amenities or facilities and the measures to be taken —

                  (i)         to prevent and abate any nuisance in such an amenity or facility; and

                  (ii)         to cause any such amenity or facility to be closed and to prevent any person from using such an amenity or facility while it is closed.

        [(49)         deleted]

        (50)         Prescribing what matters and things shall be observed and done and by what persons, for the purposes of —

                  (i)         preventing rodents entering premises;

                  (ii)         rendering premises free of rodents;

                  (iii)         keeping premises free of rodents;

                including what method of construction and what materials shall be used in the building of and alteration and addition to any premises, and what alterations and additions shall be made to existing premises.

        (51)         The provision, construction, situation, inspection and maintenance of bathroom and laundry facilities, including the provision of plunge baths, shower baths, wash hand basins and the connection of those facilities with an adequate water supply.

        (52)         Prescribing the precautions to be observed by dealers in second-hand clothes or books.

        (53)         For any other purpose which the Governor deems necessary and notifies in the Government Gazette as calculated to safeguard the public health.

        [Section 134, formerly section 115, amended: No. 17 of 1918 s. 15; No. 50 of 1926 s. 8; No. 30 of 1932 s. 20; No. 38 of 1933 s. 41; renumbered as section 134: No. 38 of 1933 s. 42; amended: No. 16 of 1935 s. 6; No. 21 of 1944 s. 5; No. 71 of 1948 s. 4; No. 25 of 1952 s. 4; No. 45 of 1954 s. 6; No. 33 of 1962 s. 2; No. 113 of 1965 s. 8(1); No. 35 of 1966 s. 4; No. 94 of 1972 s. 4(1) (as amended: No. 83 of 1973 s. 4); No. 28 of 1984 s. 45; No. 80 of 1987 s. 30; No. 59 of 1991 s. 13 and 21; No. 14 of 1996 s. 4; No. 39 of 1999 s. 11(5); No. 36 of 2007 Sch. 4 cl. 4(6); No. 43 of 2008 s. 147(4).]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback