Health Act 1898 (SA)

A.D. 1898.

No. 711.

An Act relating to Public Health.

[Assented to, january gth, r8pp.l

E it Enacted by the Governor, with the advice and consent of

B the Parliament of South Australia, as follows:

1. This Act may be cited as The Health Act, 1898," and shall Shod title.

commence on a day to be fixed by Proclamation.

2. The following Acts are hereby repealed :- Repeals.

A-711

The Public Health Act," No. 22 of 1873.

C L The Public Health Act, 1876."

" The Public Health Acts Amendment Act, 1884,"

3. The Central Roard of Health as now constituted shall be ExistingBoardsand

the Central Board of Health for the purposes of this Act until the

latter be constituted as herein provided.

All Local Boards of Health now existing shall be Local Boards

for the purposes of this Act.

The President of the Central Board of Health shall be the Chairman of the Central Board under this Act, and all chairmen, members, officers, and other persons now holding office in or under

any Board of Health, shall continue in and hold ofice under this

Act,

4. This

2 61" 8r 62' VICTORIR, No. 71 I.

-

C

The Health Act-1 898.

Divieion. 4. This Act is divided as follows:-

PART 1.-The Central Board:

PART 11.-Local Boards:

PART 11 r .-Coun ty Boards:

P ABT v.-Insanitary Conditions and their Removal:

PART V],-Reports and Inquiries:

Division 1. Of Air:

Division 2. Of Food:

Division 3. Of Premises.

PART V I I I.--Infectious Diseases:

interpretation.

5. In this Act, and in all proceedings thereunder, the terms in

inverted commas shall have the meanings stated, except where some

other meaning is clearly intended-

" Act " includes regulations:

'' Central Board " means the Central Board of Health:

" Cesspool " means any receptacle for nightsoil or liquid refuse:

L ' City and Suburban Local Boards " mean the Municipal Corpor*

tiom of Adelaide, Brighton, Glenelg, Hindmarsh, Kensing- ton and Norwood, Semaphore, St. Peters, Thebarton, Port Adelaide, and Unley, and the llistrict Councils of Burnside, Campbelltown, Marion, Mitcham, Payneham, Prospect, Rosewatcr, Walkerville, West Torrens, Woodville, and of	Yatala South, :ind also such other Local Boards as may	by Proclamation be declared to be City and Suburban Local
Boards:

''District" means the area within the jurisdiction of a Local

Board:

Drain " means a drain used solely in connection with any build- ing or premises within the same curtilage, and '< sewer "

means every other drain and sewer:

'b Infectious disease " includes leprosy, plague, yellow fever, small-

pox, cholera, diphtheria, membranous croup, erysipelas, scarlet fever, scarlatina, and the fevers known by any of the following names or descriptions:-'l'yphus, typhoid, enteric, relapsing or puerperal (including all puerperal conditions depending on infection), and also any other disease which the Governor may, by Proclamation, declare to be an infectious disease:

" Local

61" & 62' VICTORIE, No. 7 1 1. .-

The Health Act .1898.

" Local Board ' means a Local Board of Health, and " the Local

Board " means the Local Board of Health of the particular district:

Offensive trade " includes every trade, business, process, or manw

f acture-

(a ) Carried on in any candle-house, melting-house, soap- house, fellmongery, tannery, or slaughter-house, or in any building or place for boiling meat, offal, or blood, or for boiling, burning, or crushing bones:

( b ) Carried on so as to cause offensive effluvia:

(c) Whereby lead or other poisoning may be caused:

( d ) Declared to be an offensive trade by Proclamation:

Owner" includes every person for the time being entitled, either

on his own or on any account, to the receipt of any rent or

profit of the premises rcforred to:

" Publio place" includes every place to which the public

ordinarily have access.

'L	Private place " mcans cvery place other than a public place:
Proclamation " mcans a Proclamation by the Governor in the

Go,vernment Gazette :

Prescribed " means prescribed by this Act.

6. I n all cases where this Act, and any other Act not hereby Uternative procedure.

repealed, contain provisions for effecting the same or a similar object, See Public Health

but in different modes, proceedings may bc had under either Act. 3L

indictment, complaint, or information, or take away or affect any affected, 7. Nothing in this Act shall affect any power of pioceeding by Other procedure not

other remedy under any other Act or otherwise.

8. Nothing in this Act shall affect any powers conferred upon the saving.

Commissioner of Sewers or the Central Board by 'the Adelaide Sewers Act'' or "The Adelaide Sewers Amendment Act," or limit the effect of any Act relating to factories or lodging-houses.

9. Premises owned or occupied by the Government or by public Public buildings

bodies shall be subject to the provisions of this Act in the same subject to thia A O ~.

manner as if they were owned or occupied privately.

10. The officer having the use or control of such premises shall oficerhavinechief

be liable for any breach of the provisions of this Act as if he were pslggnallylspm&le	control to be
the actual owner or occupier of such premises.

11. The Chief Secretary shall be the Minister of Health. Minister.

PART

The Uealth A c t. 1 8 9 8.

%ET I, PART I.

THE CENTRAL BOARD.

Central Board. 12. The Central Board shall be charged with the execution of

this Act for securing the proper sanitary condition of the province.

Chsirman. 13. The Central Board shall consist of a chairman appointed by

the Governor and four other members, two of whom shall be appointed by the Governor and two shall be elected as hereinafter provided. At least one of the members shall be a legally qualified medical practitioner.

Quorum. 14, A quorum shall consist of any thrcc members. 'l'he chairman

-shall be the permanent head of the department. If the chairman be not present within five minutes after the time for which any meeting shall have becn convcncd, any three members present may elect one of their number to be chairman for that meeting until the permanent chairman arrives. Every chairman shall have a deliberative vote, and also a casting vote in case of equality of voting.

Nominatione. lb. Before the first day of February, one thousand eight hundred and ninety-nine, and before the first day of February in every second year thereafter, nominations of candidates willing to act as representatives on the Central Board map be made by the Cjonstituent Boards to the Chief Secretary.

Voting 16, The names of persons so nominated shall be forwarded to

the Constituent Boards, who may, before the first clay of March in such year, each vote for a representative from persons so nomi- nated, and advise the Chief Secretary of their vote.

Bepreeent~tive mem-

17. 'The elective membcrs of thc Central Board shall be elected

ber# of Central Board.

as follows :-

I. ( a ) One member shall be elected by the City and Suburban

Local Boards:

Their election.

( b ) The other member shall be elected by all the other Local

Boards.

11. I n the month of March following every biennial election, and so soon as practicable after each extraordinary election, the Chief Secretary shall, by notice in the Government Gazette, declare the names of the persons elected, and such notice shall be conclusive evidence of

such election:

1x1. When the seat of any elective member has become vacant

from any causc whbtever other than by effluxion of time,

such vacancy shall be filled up by an extraordinary election of

a new member, to hold office only for the unexpired portion of the term of his predecessor. On the happening of the

vacancy

61" & 62' VICTORIE, No. 71 r.

-

The Health Act.--1898.

vacancy the Chief Secretary shall notify the Constituent	l _ _ - - l _	PART	1.
Boards and fix a date not less than six weeks thereafter for such Boards to advise him of their votes:

lr. In the case of equality of votes amongst the Constituent

Boards the Chief Secretary shall have a casting-vote.

18, The elective members shall hold office until notification of Term of ofice

the election of their successors.

19, All reasonable expenses incurred by the Central Board in Recovergof expensee

"dpena1ti8a-

carrying out any duty imposed on or in exercising any power neglect of the said Local Board.

vested in any Local Board ahall be paid by and recovered from such

20, Any powers which a Local Hoard and its officers may Powersand duties.

exercise with rcspect to its particular district may bc exercised by

the Central Board and its officors with respect to the whole tion.	Concurrent j urisdic-
province.

21, The Central Board shall have access to all papers and things Accesa to all papem of L O C ~ Boards.

whatsoever belonging to or in the custody of any Locnl Board.

22. The Governor may appoint such officers of the Central Appointmentof o5cera.

Board as he may deem necessary. Sea Public Health

- Act, 1878, sec. 6.

PART 11.

lr,0Ci4L BOAKDS.

23, Every Municipal Council shall bc the Local Board of Health Constitutionof LOM~

for its municipality. Every District Council shall be the Local

Board of IIealth for its district.	Act, 1873, sec. 16.
See Public Uealth

24, Every Local Eoard shall be charged with the due execution L,,,I Board to be

of this Act for securing the ~woper sanitary condition of its district, executive.

and in particular shall abidc by and carry out all such directions as

it shall receive in that behalf from the Central Hoard.

25, Every Municipal Clouncil and District Council, in addition May declare rates.

to the mtes which i t rnav be otherwise authorised to declare, I'

See Public Health

may, withuut any consent of r:rtepaycrs, declare, and cause to be , , , 1873, 12

collected, silch sanitary rate as it may deem proper for the pup and 13.

poses of this Act, not exceeding in any one year One Shilling in

the Pound on the annual assessment.

26. Except where otherwise expressly directed, all expenses, Expenses,

penalties, and fees recovered by any Local Board, and the proceeds penrrlties, &C.

of the sale of arlv refuse and other like matter, shall be paid over to

and applied by skch Local Board for the purposes of this Act.

27. Every

62' VICTORIE, No. 711.

The ITealth Act .1898.

PART	XI.	27. Every Local Boar'	shall keep separate accounts of its re-
,,

m t e B C O Q U ~ ~ S. venue and expenditure and minutes of its proceedings.

M u o i ~ i d D t t 28. If the sanitary rate declared pursuant to this Act shall be a t may expend any portion of its revenue for the purposes of this Act.

Cornoil% may expend

other moneys. any time insufficient, any Municipal Council or District Council

PART 111.

COUNTY BOARDS.

(Ireation of County

Boards. 29, The Governor mnv, by Proclamation, upon the rcquest of all the Local Boards affected, declare any two or more contiguous districts to be a 'g County District," designated by some distinctive name.

Proclamation of 30, Upon the Proclamation of any County District a County

County Board. Board of Health, consistirig of not less than three members, shall be constituted for such District in manner prescribed by the Proclama- tion.

Electionof members 31. Local Boards forming a County District shall elect the

an& auditore of

COUL~Y Roard.	members of the County Boarcl in the same manner as elective members of the Central -Board are elected, and they shall hold office for a like period, except for the first year, when one-half shall retire
by lot and subsequently one-half shall retire annually.

Chairman. 32. At the first meeting of the County Board after i t is con-

stituted, and after each annual election, the members thereof shall elect onc of their number to act as chairman, who shall hold office for one year.

Auditors. 33, Local Boards forming a County District shall elect two

auditors, holding office for two years, cxckpt for the first year, when

one shall retire by lot.

34. County Boards shall cause the accounts to be balanced and

an abstract cf the receipts and expenditure prcparcd for each half yeaT ending on the last day of thc n~onths of June and December, and shall publish in the Government Gazette within one month of the yearly audit in January an abstract of the receipts and expendi- ture as allowed by the auditors, a ~ d copies of such abstract shall be sent to all Local Boards forming the County District.

Powers and duties. 35. Upon the constitution of any County Board by Procla-

mation-

I. All the powers, duties, and liabilities vested in or imposed on

the Local Boards in the County District shall be vested in

and imposed on the County Board, and shall, except as to the powers mentioned in the next section, cease to be exercised by the Local Boards: I I + The

61" 8( 62O VICTORIE, No. 711.

The Health. A c t. 1 8 9 8.

11. The County Boards shall, in addition, have power to

establish and carry on chemical and bacteriological

laboratories.

PART 1m

36. For the purposes of the County Board cvery Local Board Revenue.

within the County District shall, if and whenever required by the County 13oarc3, declare and cause to be collected such sanitary rates authorised by this Act as the County Board may deem proper.

Such rates as and when collected shall be paid over to the County

Board.

37. County Boards shall meet at least once in each month. Meetinge.

38, The Governor by Proclamation may add to or remove from Local B o d a me be

a County District any contiguous Local Board. added or removed'.

39. All or any of the provisions of section 35 may be modified subject to Proclamation.

bv Proclamation. .

PART IV.	Psar m.
OFFICERS.

40, Every Local Board shall appoint an officer of health, and otficers+

such inspectors and officers as may be deemed necessary by the

Central Board of Health.

41, The appointment and dismissal of every officer of health O$icsr of Health.

shall be subject to the approval of the Central Board, and he shall- Appointment.

(a) Be when practicable a legally qualified medical practitioner, and

( b ) Possess all the powers vested in any inspector. Powers.

42. 'l'he appointment of every inspector shall be in writing, in Ifiapectora.

duplicate, under the hand of the Chairman of the Central Board, or kodeaf

if the appointment be by a Local Board, under its seal.

Every inspector shall be furnished with one of such duplicates, and,

if required, shall produce the same to any person whose premises he

may be inspecting or about to inspect.

43. For the purposes of any inspection, an impector may, with Power to o n h and

or without others, enter into and upon any premises between the inspect.

hours of nine in the forenoon and six in the afternoon, or in the case See public Health

of any business or trade premises at any time when such business or Act9 18739 W. 70.

trade is in progress or is usually carried on, and for the purposes of ~ ~ h ~ l ~ ~. V i c * ~

C.

inspection may open up drains and execute any other necessary

works.

44. No person shall obstruct, or incite any other person to OMructionof officers and memhera.

obstruct, any person ac ting in the execution of this Act, or of any Publio Hsdth

power thereunder, and the police shall assist all persona acting as A C ~, 1673, sec. 71.

aforesaid. Police foroe to as& Boards of Health.

Penalty-Ten Pounds. PART see &t, Public 1876, ~ea l th W. 22,

62' VICTORIE, No. 7 I r.

The Health Act.--.1898,

PAXT v. PART V.

1NSANITARY CONDITIONS AND THEIR REMOVAL.

hfinitiw. of inmini- 45, The expression " insanitary condition " includes every breach

tary condition.	or non-observance of any of the sanitary provisions of this Act, and
dso every condition declared to be an insanitary condition pursuant
to section 51.

Detection. 46. Every Local Board, upon receiving from any person other than

d

Ld Bowd an inspector any information establishing reasonable grounds for

hppection in certain suspicion of the existence of any insanitary condition, shall forth-

CaW.6.

with instruct an inspector to inquire into and rcport upon the

premises referred to.

To report to Local	47, If any in~pector	shall ascertain the existence of any insanitary
B&.

condition, he shall forthwith report the circumstances to the Local

Board.

Such report shall set out as far as possible-

(a) The nature of the insanitary condition:

( B ) The apparent cause thereot; and the suggested remedy:

(c) The description and situation of the premises:

(d) The name of the owner; and

4 ( e ) The name of the occupier.

Ocbupier to furniah 48, Every occupier shall, on request, furnish any inspector with

awn er'^ name, &c.

the name and address of the owner so far as the same may be known

to him.

Penalty-Ten Pounds.

Removal. 49, If, in the opinion of the inspector, the insanitary condition

Inspector may give	should be immediately removed, he shall, in addition to reporting
notice,	the circumstances to the Local Board, serve upon the occupier, or owner, a notice to remove or amend the same, and therein shall ~pecify what is required to be done, and limit a time for compliance.

h 1 Board may 50, Upon the receipt of an inspector's report the Local Board,

give notice. with or without further inquiry--

I. May serve a notice requiring the removal or amendment of

the insanitary condition; or

11. May, if the inspector has already given notice-

(a ) Adopt such notice; or

( b ) -Issue a new notice in lieu thereof.

Nodas r e decked 61, Any Local Board, upon being satisfied that i t is proper so

insaniw condition.	to do, may serve a notice requiring the removal or amendment of
any condition which such Local Board shall declare to be an
insanitary condition. 52. Every

- P _ _ l l _ _ . _ _ __ r -

61" & 62* VICTORIE, No. 71 I. 9

The Health A c t. 1 8 9 8.

PART v*

Every notice under the last sections 50 and 5 1 shall specify

what is required to be done, and shall limit a time for compliance, and Reguimm8nta of

may direct to be clone such works as the Local Board may deem notwe.

necessary to prevent a recurrence of the inslrnitary condition. v

52.

53. The notice: may be served in manner following- 8ervice.

I. If the owner be unknown, or if, in the opinion of the Local

Board, the insanitary condition is caused by the act or

neglect of the occupier, the notice may be served on the

occupier:

11. In all other cases the notice may be served on the owner or on any pcrson by whose act or neglect such insanitaiy condition arises in the opinion of the Local Board:

I r I. In the case of prenlises owned by the Government, or by any public body, the notice may be served upon the officer having, or apparently having, the chief control of such premises.

54. No person after service upon him shall fail to comply with- Penalty for non- oompliance with

r. Any notice given by an inspector (provided the same be sub-

sequently adopted); or

r r. Any noticc of thc Local Board.

Penalty-Twenty Pounds.

55. On failure to comply with any notice of the Local Board, Local Boardmay

or with any inspector's notice, the Local Board may carry out the ~	~	~	g	O	$	t	~	~	~	-
requirements of the notice.

56. In the case of unoccupied lands or premises, if the owner ~onoticeneceamrp

and the person by whose act or neglect the insanitary condition in ce*'in ca8es.

is caused are unknown or cannot be found, the Local Board may

remove or amend the insanitary condition without any previous

notice whatever.

57. In addition to, or in lieu of summarily removing or amending L O C ~ Board may

any insanitary condition, if either-	make complaint
before Justices, &c.

(a ) Thc person on whom a notice to remove or amend any insanitary condition has been served makes default in cornplying with any of the requisitions thereof within the time specified; or

( b ) The in sanitary colul ition, although amended or removed since

the service of the notice, is, in the opinion of the Local

Board, likely to recur on the same premises:

thc Local Board may institnte summary proceedings against the

person on whom the notice was served.

68. The Court, if satisfied that the alleged insanitary condition POWCW of J~$tic@.

exists, or has been declared, or is likely to recur on the same

8-71 1 pre&e8

62' VICTORIB, No. 71 I.

The Health Act-189 8.

PART V. premises may, by order, require the defendant to remove or amend the same, or to prevent the recurrence thereof within a time to be specified in the order, aucl may, if thought desirable, specify the works to be executed for the purpose of removing, amending, or preventing the recurrence of the insanitary condition.

Penalty-One Pound for every day during default.

Eqensss. 59, All expenses incurred by the Local Board in connection

recoverablB with the removal or amendment of any insanitary condition may

hmper%Ons aemed be recovered from the person upon whom the notice has been with notice.

served.

Expenl~lamaybere- 60, Omer All expenses incurred by an owner by reason of his com- pliance with any notice may be recovered by him from the occupier or other person in all cases where the insanitary condition concern-

from occupier.

ing which the notice was given was caused by ihe act or neglect of

such occupier or other person.

Occupier from omer. 61. All expenses incurred by an occupier by reason of his com-

pliance with any notice may be recovered by him from the owner

in all other cases.

Expenses to be a 62. I n all cases all expenses incurred by any Local Board shall

lands. mOccupi" be a charge upon the premises in respect of which the samc were incurred, and may be immediately recovered in the same manner as

if they were rates in arrear.

PAR'L' VI.

Reports. REPORTS AND INQUIRIES.

Looal Board to report

annually. $3. Every Local Board shall, during January in every year and

at such other times as the Central Board Inay direct, r e ~ o r t to the

See Public Health

Act, 1873, sec. 40.	Ceutral Board concerning the sanitary condftion of' it; district in
38 & 39 Tic., c. 56,	such form as the Central Board may reqnire.

eec. 206.

Monthly return of 64, Every Local Board shall forward monthly to the Central

infectious disease@.	Board during the first week in each month a return of aU cases of infectious disease reported within the district in such form as the Central Board may require.
Returns of measlee,	65. Every Local Board shall inuncdiatcly forward to the Central Board a return of all cases of measles, scarlet fever, diphtheria, typhoid fever, and puerperal fever reported to it for the first time within the district, in such form as the Central Board may require.
scarlet fever, Bio.
tioua disease to be

Outbreak of iinfec- 66. Every Local Board shall iintncdiately report to the Central

pep01 tea.	Board the outbreak within its district of any infectious disease, or
See Puhlia Health	the occurrence of' any inrlications thereof, or of any circumstnnccs of
Act, 1873, sec. 41.	special importance likely to affect the health of any part of the district, together with all such particulars as can aid in the com- pletd cdrnprehension of the case and of i t s nature and cause.

67, The

6rb & 62' VICTORIE, No. 7".

The Hialth Act .1898.

The Central Board shall annually, not later than the month of March, and also whenever required by the Chief Secretary, PART vr,

67,

Central Board to

report annually to

report to him concerning all rnattei*~ affecting the public health. Chief Secretary. Annual report to

68, The annual report of the Central Board shall be laid before be laid before

Parliament. Parliament.

In g ukrkes.

69, Whenever it shall appear to the Central Board necessary or Power to institute

proper to nzake formal inquiry into any matter for ttrc purposes of	inquiries.
this Act, the following provisions shall have effect :-	See Public Health

I. The Central Board shall specify in writing the general scope Act, 1876, sec. 10

and object of the inquiry and such general directions as it

may think proper to secure its dne performance:

IT. The inquiry shall be thereupon held by the chairman or such

other person as the Board may appoint:

The chairman or such other person is hereinafter included

in t.he expression The chairman ":

111. The inquiry shall be held either in public or with closed

doors, and at such place or places as the chairman may

think fit:

iv. The chairman shall hold sittings at such places, with power

from time to time to adjourn the mm*. He may summon

and examine witnesses and receive any evidence that may

be offered respecting the subject of' the inquiry:

,411 par01 evidencc shall be reducecl to writing:

The chairman may require any person to sign any evidence

given by him:

v. Witnesses may be summoned by being served with a notice in writing under the hand of the chairman calling upon them to attend and give evidence at a time and place to be therein specified. Such notice shall be servcd so long bcf'ore the

time appointed as the chairman may deem reasonable.

tendered in aclvancc such moneys as hc would have been entitled. to attendance. 70. No person served with such notice, and having been paid or Penalty for non-

receive had he been a witness summoned to attend a Local Court, shall fail to comply with the same, or having attended refuse to give evidence or sign the same.

Penal ty-Five Pounds.

71, A certificate under the hand of the chairman to that effect Certificated chair-

attend and give evidence, and of all other facts necessary to be

shall be sufficient proof of non-compliance with the notice to 7;: be n'fflcient

proved to show it was incumbent upon such person to comply there-

with.

72. The chairman, either alone or with others, for the purposes Powerofinspection,

of the inquiry, may enter and inspect any land or premises between

sunrise and sunset. 73. The

61' & 62' VICTOKIE, No. 711.

The Health Act- 1898. -- - -W

PART vt. 73, The chairman may, at any time dnriiig thc progress of the written report under his hand setting forth the result of the inquiry, his opinion thereon, and his reasons for such opinion. Such report shdl be accompanied by all evidence and information received

to to inquiry, and shall, on its completion, make to the Central Board a

Central Board.

during the inquiry.

False evidence. 74, Any person wilfully giving false evidence on any inquiry

shall be guilty of an offence against this ,4ct.

Penalty-Fifty Pounds.

PART VII.

SANITATION.

IhXwbn l. Division l-Of Air.

nu sewers *a art& 75. Every Local Board shall cause all sewers and drains to be kept properly cleared, cleansed, and emptied so as not to become or

" " ''pt pmperly-

Bee Public ~ea l th be likely to become injurious to health or offensive, and for this

A C ~, 1873, sec. 47. purpose may construct all necessary works, and direct any sewer

38 & 39 Vic , c. 65,

MC. 19.

or drain into or through such places as may be deemed proper,

except into fresh water running streams.

sewers, draine,	76.	NO person shall-
stagnant water, and
collections of offensive

matter.

I, Without the consent of thc Local Board, causc or permit any

private sewer or drain to be emptied or flow into any public

SW Public Health	sewer or drain:
Act, 1873, secs. 47,

48, and 49.	11, Do anything which, in the opinion of the Local Board, shall
38 & S9 Vic., c. 65,

recs. 19 and 47. tend to the injury of any drain or sewer:

i rr, Suffer any waste or stagnant water to remain in any cellar

or place within or around any dwelling-house so as to be,

or be Likely to become, injurious to health or offensive:

IV. Al.low the contents of any privy or cesspool to overflow or

soak therefrom:

v. Allow any drainage, filth, water, night-soil, or matter to

collect or to be deposited in arly place, so as to become, or

be likely to become, injurious to health or offensive:

-vr. Allow any dead animal to remain in any place, so as to cause

an offensive smell:

m. Allow any place to become, or be likcly to become, in s u c l ~

a state as to be a nuisance or injurious to health, or

offensive:

VIII. Carry or convey offensive or injurious matter through the

streets except at hours specified by the Local Board :'

rx. Without the consent of the Local Board remove, or allow

to be removed, any night-soil from a ditch or pit in which

the same has been deposited by any Local Board.

Penalty-Twenty Pounds, 77. Any

61" & 62O VICTORIW, No. 71 I. 18

The Health A c t. 1898.

77. Any Local Board may provide and maintain water-closets, earth-closets, privies, urinals, and other similar conveniences for	PART m.
&&iOm 1.

p b l i c accommodation.	Locs1 Board mrry
provide publio Conveniences.

78. Any Local Board may itself undertake or contract for the See public Hedtb

removal of refuse or excreta from piivate places, and for this purpose A& 1873, sec. 52.

may provide convenient receptacles, and may by regulation require &fise.

the occupiers of premises to provide boxes, or othei specified recep- Removal of mhle.

tacles, for the temporary deposit of such matter, and to place such boxes or receptacles in convenient places at convenient times for the removal of their contents. E:! . : ;

38 & 39 Tic., c. 66,

sec. 44.

No person shall deposit any refuse in any place except in such boxes or receptacles.

Penalty -Ten Pounds.

All such refuse shall be the property of the Local Board.

79, Xvery Local Board shall take all necessary and proper Publiaplecea.

measures to ensure that all public places are properly cleansed and

kept free from offensive matter.

80, Every street, lane, yard, passage, and other premises, formed Private pleoes.

or set out on private premises, shall be formed, paved, levelled, or made, and drained by the owners, when required by the Local Board.

The owner of any such premises, and the respective owners of the see Public rxmith

premises fronting, adjoining, or abutting upon such parts thereof as Act* 38 & 39 Tic., C, 58. 65,

may be defective, shall be deemed to be the owners thercof for the ,,.	160,
purposes of this Act.

81. Every distillery, manufactory, brewery, slaughter-home, and Ofensive Trades.

every establishment for the boiling, preserving, or preparing of any ~esspoola	to bepn-
animal matter shall be provided with a watertight cesspool, con-

structed and kept covered in such manner as the Local Board may L.

require. ~ c t, 1873, sec. 45.

All refuse which may be or be likely to become injurious to health or offensive shall be dcpositcd therein and periodically removed	*
at prescribed times.

Penalty-Twenty Pounds.

82. NO person shall keep m y pig in any sty or place at a less within No pigs oft. to be of kept etreet

distance than fifty feet from any dwellinghouse, dairy, or public or dns~ling-house.

street.

Penalty-Ten Pounds.

83. No person shall, without the consent in writing of the Local commenoemmt

Board, commence or extend any offensive trade. and exteneian.

Penalty-Fifty Pounds.

No

B d + b h-.lwpJr'$y(uwrk *'irmd Mb@J'44( $&/k / I D / p $03.

l I l

The Health A c t. 1 8 9 8.

PABT v r.

---- No consent shall be granted except subject to the following con-

f i&8jm 1. ditions :-.

I, One month's prior notice of the intention to apply for such consent shall be published in thc Government Gazette and in a daily newspaper circulating in the district:

rr. Such notice shall specify the proposed site and trade:

m. Any person may state his objections to the Local Board:

IV. If nevertheless consent is granted, any such person, within

one month, may appeal to the Central Board, who may

affirm, vary, or rescind such consent, and whose decision

shall be final.

This section shall apply only to such districts or portions of a district as may from time to time be declared by Proclamation to be under the protection of this scction.

84, If in the opinion of-

See Public Health

Aot, 1873, aec. 46.	X. The Local Board: or of
38 & 89 Vic.,	1 1. Any two legally qualified medical practitioners; or of
c. 56, sec. 114.
111. Any six householders of the district:

any place used for any trkdc or business shall be or be likely to become injurious to the health of or offensive to any of the in- habitants of the district, or any person employed therein, the 1,ocal Board may institute summary proceedings against the person by or

on whose behalf the trade or business is carried on.

Bemoval. 85, If on the healing it shall appear to the Court that such trade

or business is or is likely to become injurious to the health of or

offensive to any of the inhabitants of the district, or any person employed therein, then, unless it be shovvn that the best practicable means for preventing injury to health or offence have been used, the person so summoned shall be liable to a penalty-

I. Of not less than Two Pounds or more than Ten Pounds:

11. Of Twenty Pounds upon a conviction for a second or

continued offence:

111. Of double the amount of the penalty imposed for the then

last preceding offence for every subsequent or continued offence: Provided that no penalty shall exceed Two Hun- dred Pounds.

final determination

may be nuapended. 86, The Court may suspend its final deteimination in any case,

upon condition that the person summoned shall undertake to adopt, within a, time to be fixed by the Court, such means as may be deemed practicable, and ordered to be carried into effect for preventing or &tigating injury or offence.

61" & 62' VICTORIW, NO+ 7 1 I.

The Health Act .1898.

87. No person shall keep any accumulation or deposit of PART m.

offensive matter longer than in the opinion of the Local Board i a necessary for the purposes of the trade or business, or omit to take the best available means for preventing injury thereby to the pub- oee,d,emtt,.	Accumulations of
lic health.

Penalty-Twenty Pounds.

tions of the sections of this Act dealing with offensive trades in facturing districts. 88, Manufacturing districts may be exempted from the opera- Exemption ofmanu-

manner provided by " The Manufacturing Districts Act, 1881 ."

Divisicn 2.- Of Food. Division B.

89. No person shall permit any case or receptacle used, or Fruitcasee,

intended to be used, for the carriage of fresh fruit or vegetables to come into direct contact with any manure or other offensive matter.

Penalty-Five Pounds.

90. '' Water supply " includes any river, stream, wat er-course, Water and Wafer

creek, swamp, waterhole, well, tank, or reservoir. Definition.

91. Whenever the ~mllution of any water supply becomes or is Riparitmrighta.

likely to become injurious to health, the Local Hoard shall for the purpose of preventing such pollution have within its district the rights of a riparian proprietor, and may enforce such rights by summary proceedings against the person in default, and may gene- rally prevent the pollution of any water.

Penalty--Ten Pounds, and for every subsequent offence a penalty

of double the anlount of the penalty imposed on the then last pre-

ceding offence.

slrall, in the opinion of the *officer of health, or any two legally supply may be cloaed. 92. Any Local Board may dircct that any water supply which sources of water

qualified medical practitioners, be so polluted or unwholesome as to be unfit for human consumption, shall be closed, anti that the

absolutely or for such time as the Local Board may direct. conterrts thereof shall cease to be used for human consumption either sumption, any such well or other source of water while such direction be used. 93. No person shall use, or permit to be used for human con- Whenclosednot to

shall remain in force.

Pcnalty-'l'en Pounds.

94. No person shall throw, or permit to be thrown, any night-soil, Otfensiw matter not to be tbrown in or

animal or other offensive matter, irrto any watcr supply, or deposit ,,,	,,,W.
the same in any place whcncc such offensive matter flows or falls,
or is liable to flow or fall, into any water supply.

Penalty-Fifty Pounds.

95. No person shall keep any swine, sheep, or cattle on any Meat and Meat SuppEieu,

butcher's business premises, or dress any carcass therein, unless such No sheep,

premises are duly licensed for slaughtering purposes. cattle to be kept or drsslled in butchers'

Penalty-Ten pound^. %h No shops.

61" & 62' VICTORIE, No. 71 I.

The Health A c t. 1 8 9 8.

PABT YIX,

* $6. No person in charge of any slaughter-house shall keep, or

nivhiQn 2. permit to be kept, in or about any slaughter-house any swine, unless

to kept intended for immediate slaughter, or any dog, unlcss constantly

at bpnter-houm	chained when not being used for yarding purposes.
without pmdmion.

No such person shall p e i t any swine to feed on any blood, offal,

mmure, night-soil, filth, or other refuse matter.

Provided that the Local Board may grant writ,ten permission to any person to keep swine, on the following conditions:-

( a ) That such swine are to be kept at such distance from the

slaughter-house, as may be directed; and

( b ) That such swine may be fed with offal if such offal has been

first thoroughly cleansed and boiled.

Penalty-Ten Pounds.

97. No licence, pursuant to the preceding section, shall be

granted for a longer period than for one year at any onc time, and every such licence may bc withdrawn on proof to the satisfaction of the Local Board of any non-observance of any condition thereof.

Slwbter-hou*~ to	98.	NO person shall use any slaugh t er-house, or o ther premises
be suitably con-

a ~ ~ ~ d p ~ ~ e d.	connected therewith, unless the same shall, in the opinion of the
Local Board, bc constructcd of suitable material, and be paved with
See Public HOdth	brick, stone, cement, asphalt, or other impervious material.

Ao~. 1874, W. 57.

All such slaughter-houses and premises shall be provided with impervious drains and rcceptacles for blood, offal, dung, and other

refuse.

Penalty-Twenty Pounds,

Local Board may

erect slaughter- 99, Any Local Board may alone or jointly with any other Local

houses.

Board purchase land and erect buildin& for the purpose of a public

slaughter-house.

h~pection after

slaughter. 100, No meat of any animal slaughtered in any public slaughter-

house shall be sold or offered for sale as human food unless such animal shall have been inspected by an inspector of cattle after the slaughtering thereof, and certified fit for human consumption, and the Central Board of Health may direct any butcher's slaughter-house to be subject to the same inspection.

Locnl public

alaughttr- house^. 101, The Central Board may direct any Local Board in localities

where it may be desirable to provide a public slmghter-house, at which all cattle within a prescribed area and the meat from which is intended for public consumption shall be slaughtered.

102. when

61" SZ 62° VICTORIW, No. 711.

The Health Act .1898,

102, Wheo any such slaughter-house is erected and fit for use + 'PART V"-

regulations may bc made by the Local Boards- Dieision 2.

( a ) With respect to the management and charges for the USC ~~~~

thereof: elsewhere.

( h ) Prohibiting the slaughtering at ariy other place of any swine,

sheep, or cattle intended for sale as human food.

103. Any Local Board may by regulation prohibit the sale within Floah meat slaughtered outside

its district of any fresh meat of any animal slaughtered in any district.

slaughter-house situate outside its district, unless such slaughter-house

has been approved by such Board or by the Central Board of Health.

Penalty- -Ten Pounds.

104, Any Local Board may appoint, subject to the approval of I ~ p e c t o r o f cattle.

the Central b a r d, an inspector of cattle; and there shall also be a Chief Inspector of Cattle appointed by the Governor, and such Chief Inspector shall be a veteiinary surgeon.

105, Animals suffering from cancer, pleuro-pneumonia, tuber- Diseaeed animals.

culosis, or actinomycosis, or any other disease which the Govcrnor may by Proclanmtiou add to this list, are U diseased animals " within the meaning of this Act.

shall give written noticc to the Local Board, and isolate such animal#. 106. A l1 owners, on discovery that their animals arc diseased, Isolation of direased

animals from all other animals.

Penalty--Twent y Pounds.

I t shall not be a defence to any prosecution under this section that thc owner did not know that the animal was diseased unless he shall also show that it was not practicable to discover such disease by the exercise of reasonable diligence,

107, If the Inspector of Cattle shall suspect that any animal is Inspector may

suffering fro111 an infections disease, he nmy use all necessary tests testa.

to ascertain the facts as regards the suspected animal, and any other

animal in the same herd or premises.

diseastit shall give noticc in writing to the owner or person in charge diseased anirnalg. 108. Any inspector of cattlc on being satisfied that any animal is Destruction of

directing him to kill such animal and destroy its carcass.

Penalty-Twenty Pounds.

l f any anim a1 killed pursuant to this section be subsequently found Compenmtion.

to bc free from discasc the owner may recover its value from the Board by which the inspector was appointed. The owner may require the insprctor to test for disease the carcass before being destroyed. The value r f the ccncass may be dcducted from the com-

pc~sation recoverahlc.,

109. No person shall sell, consign, or expose for sale, or supply No diseased meat to

for food. any discascd animal, or any meat therefrom. Any be expoeed for sale

C -;l1

18 61" & 62O VICTORLE, No. 71 I.

The Health Act.-1898.

YABT Y ~ I. Any person having for sale any such animal or meat in his

Division 3, possession or under his control shall be deemed to be a person who

-.. ,, , , exposes such animal or meat for sale.

Penalty-Twenty Pounds.

Unwholseome

pw~isione.

110. No person shall keep or expose for sale any food intended

for human consumption which is diseased, unsound, unwholesome,

Act, 1873, sec. 61. hau, or otherwise unfit for human consumption.*

38 a 39 Vie,, 0 .56, On proof of the keeping or exposure for sale it shall be pmsurned

sec. 116. that the food in question was intended for human consumption

a 64 69$ unless the defendant shall prove the contrary.

WO. 28.

Penalty-Twenty Pounds.

and Milk 111, NO person shall-

8iyplies.

Contaminntioa of I. Supply to any pcrson the milk of any diseased animal or

milk,

any animal suffering from ulcers or other diseases of

the udder:

See Public Health

A&, 1884, sec. 18. 11. Mix any such milk with other milk intended for human

consumption, salc, or for butter or checsc-making:

111. Use any sncb milk for human consumption, or for the food

of swine or other animals, unless such milk shall have been boiled for at least ten minutes, provided the Local Board has bcen notified of the intention to so use the milk:

rv. Allow any person suffering from ally infectious disease, or who may be Living in any house where any such disease exists, to

(a) Milk any cow:

( B ) Handle any vcssel uscd for the reception of milk

intended for sale or for human consumption:

(c) Takc part or assist i11 tllc bosillcss of dairy mall, cow-

(d) To be employed in s dai~y. kwpw, or vendor of milk; or

Penalty-Twenty Pounds.

It shall not be n clefcncc to a n y prosecution nntler this section

that the owner did not know that the animal was diseaseci, or that,

the person was suffering from an infectious disease, unless he shall

also show that i t was not practicable to discover the fact by the exercise of reason able diiigen ce: Provided in cases when proper isolation is secuied tho officer of health may grant cxcmption

from the operrttion of this section to anyone liviug in the house

where any such disease exists.

@rt of cuatomsrr to 112, Every person, on production of a certificate of the officer

be turninhed.	of health, that the milk supplied by such person, or from his dairy,
i s suspected of causing disease, shall furnish to the Local Board a

list

61" & 62' VICTORIW, No. 71 1. 19

me Wealth Act .1898.

PART Y1r-

list of the names and addresses of his customers, and a full state- ment of the names and residences of the persons from whom the	~;,a,;,,	2,
milk is obtained.

Penalty-Ten Pounds.

113. No person shall store, keep, or deposit any milk in any ~ 8 ~ ~ ~ ; ~ ; ; ~ ; ~

room used for sleeping, or in any other place or mode likely to ren- ing place.

der such milk unwholesome.

114. All food products intended for human consumption in the Examinationof food products.

province, imported by land or sea, shall be subject to examination by any inspector or analyst appointed by the Collector of Clustoms, and if upon inspection or analysis such food products shall be found unfit for human consumption the same shall be forfeited and destroyed or otherwise disposed of in such manner as the Treasurer may direct.

Penalty-Five Pounds.

115, Local Boards may, by regulation, provide-	Registration and
licensing of dairian

For the licensing of cowkeepers, dairymen, and vendors of milk: and

See Public Ueulth

For the registration and inspection of dairies, milk stores, and , ? , , Isat, Recm

milk shops:

For the inspection of dairy farms and grazing grounds:

For the sanitary conditions of cowyards, cowsheds, dairies, milk,

milk stores, milk shops, and vessels used for milk:

For preservillg the health and good condition of cattle kept at

any dairy:

Far prohibiting the sale of milk by other than licensed persons

and except from registered dairies, milk stores, and milk

shops:

For prohibiting the adultcrrttioll of ~nillr :

For temporarily prohibiting, on the certificate of the officer of health, the sale of milk from dairies where animals are diseased or supposed to be diseased, or where persons are suffering, or supposed to be suffering, from an infectious disease, or where there are reasonable grounds for sus- pecting that the milk supply from such dairies is causing the spread of infectious disease.

Division 3.- Of Premises, Division 3,

Uwelling- Aousas.

116. Any Local Board may, by notice in writing, declare that any

building, or any specified part thereof, is unfit for human habitation. unfit for habitation.

The notice may direct that such building, or part thereof, shall ~ , ~ ~ ~ ~ ~ ~ ~ { ~ .

not, after a time to be specified in such notice, be inhabited or 38 S8 Vie,, c. 65,

occupied by any person. The sec. 97,

20 61" & 62' VICTORIR, No. 71 I.

The Health Act.-1 898.

PART vrl. The notice shall be affixed to some conspicuous part of the

Division 3. building*

Not to be let or

occupied.

117. No person after the expiration of the specified time shall

inhabit or occupy, or suffer to be inhabited or occupied, such

building or part thereof.

Penalty-Ten Pounds,

Conaemndbuilaing

to be removed or 118. A notice may be served upon the owner of such building

amended.

directing him to either amend the same in some specified manner, or

to take down and remove the same.

Penalty-Twen ty Pounds.

over-crowding. 119. No person shall suffer any building, or part thereof, to be

see '"lth

Act, 1873, sec. 64. BO over-crowded as to be, or likely to become, iriurious to health.

38 & 39 Vie., c. 55, Penalty-Twenty Pounds.

SW. 91.

411 houses to have 120. All houses shall have in proper and convenient situations

proper conveniences.

f3ee Public Health	such closets and privies, with such conveniences and of such size
dct, 1813,8m,jl.	and so constructed as shall, in the opinion of the Local Board, be
secs. 35 and 36.
38 & 39 Tic., c. 66,	necessary and sufficient.

81 64 Yic.j c. Penalty-Ten Pounds.

sec. 21.

Nobousetobeerect~a 121. The Local Board may, by notice, prohibit the erection of

on insanitary land. any house or building on any land which, in their opinion, for sani- tary reasons is unfit for human habitation until any sanitary defects existing in connection with such land have been removed to the satisfaction of the Local Board.

Penalty-Ten Pounds.

Dmin~may be

in private or public 122. Any Local Board, when necessary or expedient, may enter

property. into and construct drains and other works upon any public or private

see rublio Health	land for the purpose of draining si~rfacc	waters from other lands.
Act. 1676. sec. 17.

Where the land upon which such works arc constrocted is private property, the Local Board shall pay full compensation to any person who shall sustain damage by reason of t,he exercise of the above power.

Newhouaea tohave 123. All houses hereafter to be erected or re-built in munici-

proper drains.	palities shall have such drains, means of ventilation, and sanitary
requirements, constructed of such materials and in such manner as
the Local Board may prescribe.

.

See Publio Health Plans and specifications showing the proposed drains, means of

Act, 1873, sec, 50.

S8 & 39 vic., c. 66,	ventilation, and sanitary arrangements, must be submitted to and
m. 23.	approved by the Local Board before the occupation of any such
houw.

Penalty-Twenty Pounds.

124. The

61" & 62O VICTORIE, No. 71r.

The Health A c t. 1 8 9 8.

124. The owner or occupier of every building, whether erected

before or after the coming into operation of this Act- Division 3.

(a) Which is used as a workshop or rnanufactory; or Factories.

( b ) I n which persons are employed or are intended to be employed proper convenienoes, Factories to have

in any track or business:	to be ventilated, and
not to be overcrowded.

(c) Which is used as a school, church, theatre, or hall, capable of

ordinarily accommodating a meeting or assembly of more

Act, 1873, sec. 53.

See Public Health

than twenty persons.

38 & 39 Yic., c. 66,

sec. 38

I. Shall provide such building with suitable accom- 53 & 54 Vic., c. 69,

modation in the way of urinals, closets, and	secs 22 and 91.
privies. Where both sexes are employed separate accommodation shall be provided with separate approaches there to:

11. Shall keep such building in a clean state and ventilate the same in such manner as to render harmless, as far as practicable, any impurities generated by the work carried on therein:

Penalty -Twenty Pounds.

125. Whenever any building, or part thereof, is let in lodgings L o d g i ~ ~ o r s e s.

or for the purpose of board and lodging, the same shall be deemed Definition. - - -

to be a lodging-house.

126. The Local Board may fix the number of persons who may Limit of number of

occupy any lodging-house, and may, by regulation, provide for the inmates.

registration and special inspection thereof.

PART VIII.	PART YIII.
Nota$ca tion.

INFECTIOUS DISEASES.

127. Where any inmate of any building or part of a building Infectious dieease to

is, or is supposed to be, suffering from any lnkctioun disease, unless Board.

be reported to Local

such building is a public or licensed hospital into which persons

suffering from infectious diseases are received-

I. The head of the family:

rr. On his default, the nearest relative of such inmate present in

the building or being in attendance on such inmate:

m. On default by such relative, every person in charge or in

attendance on such inmate; or

IV. On default by any such persons, the occupier or owner of the

building:

And in any case

v, Every medical practitioner attending on or called in to visit

such inmate: shall,

61" & 62" VICTORIW, No. 711.

The Bealth Act-1898.

P ~ s ~. vllr* ~ h d l so soon as he becomes aware that such inmate is suffering from any infectious disease, report the same to the Local Board, who shall immediately report the same to thc Central Board.

Penalty-Five Pounds.

Provided that any person not being a person required to make a report in the first instance, but only in case of default by some other person, shall not be liable to any penalty if he prove that he had reasonable cause to suppo3e that the report had been duly made. The owner or occupier of every building used as a hospital shall,

as soon as he or his manager or superintendent becomes aware that

an inmate is suffering from any infectious disease, report the same to

the Local Board.

Medical ~mt i t ioner

to notify cases of 128. Every medical practitioner attending on or consulted by

pulmonary	any person suffering from pulmonary tuberculosis shall, so soon as
tubercuIosis.	the fact becomes known to him, report the same to the Local Board of the district in which the person resides: Provided such notifica- tion shall not be necessaxy if the case has been previously reported to the same Local Board.

Penalty-Five Pounds,

FM to medical 129. The Local Board shall pay to every such medical practitioner

practitioner.	a fee of Two Shillings and Six Pence for one report for each person
suffering from any infectious disease.

Medical practitioner 130. NO medical practitioner shall be liable to any proceedings

protectea. for any mis-statement made in good faith in attempted notification of any infectious disease: Provided he promptly notifies to the Local Board any change in his diagnosis.

Disinfection. 131. If the officer of health or any legally qualified medical

Disinfection of - practitioner shall certify in writing to the Local Board that the

b d ~ ~ a n d m - t i l w.	cleansing or disinfection of any building or part thereof, or any
bedding, clothes, or other articles whatever, would tend to prevent
8ee Public Healtl!	the spread of tuberculosis or any infectious disease, the Local Board

Ad, 6

18. may order and supervise the use of disinfectants, and take such other

& 39 Vib, c. 5 5 s sa&ary pecautions as it may deem necessary to cleanse or disinfect

m#. 120 and 121.

a3 g~ 54 Vic,, C. 34,	such building or part thereof, and articles, and for that purpose may
rec. 6.	remove any such articles.
Any expenses incurred by the Local Board may be recovered from the owner or occupier of such building or part thereof, or the Local Board may itself, if it see fit, defray such expenses or any part thereof.
Butter and chew

faotoriea may be 132, If at any time any legally qualified medical practitioner

O I O R ~ ~,	&all certify to the Local Board that any person suffering from any
infectious disease or from pulnlonary tuberculosis is residing in a building or part of a building used for the storage of milk, or for

the

.c

61" & 62' VICTORIW, No. 711.

The Health Act.-1898.

the storage or manufacture of butter, cheese, or other article of	PART	vms
human food, and that there is reason to believe that such milk, butter, cheese, or other article of human food may be contaminated by such disease, the Local Board may, with the sanction of the Central Hoard, order the owner or person in charge of such building to close the same until the officer of health shall certify that such person has been removed from such building, and that necessary precautions have been taken to prevent such contamination.

Any person neglecting to comply with such order shall be guilty

of an offence under this Act. Penalty-Twenty Pounds.

133, Any Local Board may-,	apparatus may be
Disinfecting

I. Provide or combine with other Local Boards to provide proviaed.

proper places, apparatus, and attendance for disinfecting See

purposes: A C ~, 1884, sec. 6.

38 I% 39 W. , c. 66, ser.

11.	Ilisinfect any articles:	122.
I r I.	Make arrangements for disinfection with any hospital or with

any Local Roard possessing disinfecting apparatus:

xv. Make arrangements with any laboratory for scientific exami-

nation.

134. No person knowing himself to be suffering from any Exposureof infected

infectious disease, or, having so suffered, not being sufficiently persons.

recovered to be free of all risk of infecting others, shall-	See Public Health
Act, 1881, sec. 9,

I. Expose himself in any public place without taking reasonable 38 B S9 66

precautions against spreading such disease: sec. 126.

11. Enter any place of common resort:

r r I. Enter any ship, vessel, railway carriage, or public conr7eyance without previously notifying to the master, conductor,

or person in charge the fact of such disease.

l'enalt y-Five Pounds.

136. Any such person entering a public conveyance in breach of E~penses of

disinfect~on of con-

sub-section 11 r. of section 134 shall, in addition to such penttlty, be v,yances.

liable to pay to the owner all loss and expense incurred in i.espect of

the disinfection of such conveyance.

136, Every owner or person in charge of any public conveyance Owner of conveymce

having conveyed any person suffering or having so suffered not being to give notice to Local

snfficiently recovered from any infectious disease shall, immediately See I,ublic Health

after he becomes aware of such fact, give notice to the Local Board ~ c t, 1884, sec. 10,

38 dt 39 Tic.. C. 55,

of the district wherein he resides.	sec. 127.
53 & 54 Vic., c. 34,

Penalty-Five Pounds. sec. 11.

137. Thc Local Roard may disinfect such conveyance, and may Diainfectionof

recover all expenses incurred from the owner. 138, N~ conveyance.

61" & 62' VICTORIA?, No. 71 I.

The Health Act.-1898.

PART v m.

--. 138. No person shall suffer any child to attend school who is or

Children attending	has been suffcring, or has been resident where any person is or has
school.	been suffering,frorn any infectious disease unless and until he shall--
Bee Public Health

Act, 1884, sec. 11.	(a) Have had the clothes of such child properly disinfected; and
(6) Have procured a certificate from some duly qualified medical

practitioner that there is no risk of infection.

Pen alty-Five Pounds.

Letting infected

buildings. 139. No person shall knowingly let for hire any building or part

of a building in which any person is or has been suffering from any

See Public Health	infectious disease without having had such building or part thereof,
Act, 1884, sec. 12.
35 & 39 vic., c. 66,	and all articles therein liable to retain infection, disinfected, in
sec. 128.	manner directed by a legally qualified medical practitioner.
The keeper of an inn shall be deemed to let for hire part of a building to any person admitted as a guest.

Penalty -Twenty Pounds.

Interment within

forty-eight hours. 140. When any person having suffered from any infectious

disease dies in consequence of such disease the body shall be interred within forty-eight hours, or at such earlier. time as may be directed by the Local Board, by the parent, nearest relative, or person in charge during the illness.

Penalt y-Five Pounds.

Isolation of tene- 141. Upon the receipt of a certificate in writing or by telegram

ments and premises.	from any oficcr of health or any legally qualified medical practitioner
See Public Health	that any infectious disease esists within c2 district, and that isolation

Act, 1876, R ~ C. 19. is ncccssary to prevcnt the spreading thereof, the Governor may

38 & 39 Vic., c. 55,

sec, 87.	authorise the Central Board to stop all or any traffic, and to limit
Public IIealth Act,	and prevent the ingress and egress of any persons to or from arly
1884, sec. '2.	house or premises for such time and in such manner as the Central
Board may think necessary.

Penal ty-Twent y Pounds.

Vehicles may be pro-	142. Any Local Board may provide or combine with any other veyance of persons suffering from any infectious diseasc, and
vided.	Local Board to provide and maintain vehicles suitable for the con-

gee P u b l i c ~ e a l t h may

Act, 1884, sec. 6. convey any such person to a hospital or other place free of charge.

38 39 Tic, c. 55,

sec. 1'23.

Removal of persons

to hospitnls. 143. Where any suitable hospital, quarantine station, or place for

Bee Public Health the reception of the sick is provided within any district, or within

A C ~, 1884, sec. :. a ~vasonable distance therefrorn, and any person is suffering from - -

ss st 3bVic-p c- 55,

WC. 124. any infectious disease and-

I. Proper isolation is otherwise impracticable; or

11. Such

I

61" & 62' VICTORIE, No. 71 I. 25

The Health A c t. 1 8 9 8.

PART ?Irr*

11. Such person is lodged in a room occupied by others of more than one family, or on board any ship or vessel, or in a common lodging-house, or in a boarding-house:

any Local Board may, on a certificate signed by any legally qualified medical practitioner, and with the consent of the superin- tending body or medical officer of such hospital, quarantine station, or place, colvpulsorily remove any such person to such hospital, quarantine station, or place, at the cost of the Local Board.

144. Any Local Board may provide or combine with any other Ho8~itazg-

hospitals or temporary places for the reception of any person provided, Local Boards to provide for the use of inhabitants of the district Hospitnlsmay be

suffering from any infectious disease, and for that purpose may- Bee Public x d t h

Act, 1884, sec. 13.

I. Build such hospitals or places: 38 CB: 39 Vic., C. 56, sec. 131.

11. Contract for the use of any hospital or part of a hospital or

place:

rrr. Amnge with any person for the reception of the suffering.

145. Any expenses incurred by a Local Board in maintaining EiZaintcnance.

any such person shall be deemed to be a debt due from such person ~ , ~ ~ ~ ~ ~ ~ $ .

to the Local Board.	38 & 39 Vic., c. 66,
eec. 132.

146, No building or any part thereof shall, after the first day Hoepitala end be

of June, one thousand eight hundred and ninety-nine, be used for r=,","d'.#

the purpose of a private hospital or maternity home unless and

until such building or part thereof shall be licensed by the Local Board for such purpose. Every application for a licence shall be accompanied by the name of the manager.

No person shall act as manager of any such private hospital or

maternity home unless licensed by the Local Board for that parpose

Penalty-Twenty Pounds.

The licence fee for the building shall not exceed One Pound per annum, and shall be the only licence fee chargeable; and the manager shall be responsible for the good government of the institu- tion: Provided that no fee shall be required from any institution where no charge is made for the attendance on and maintenance of its inmates. The licence shall be granted upon such conditions as may be prescribed by the Central Board of Health, including the power to revoke the licence. Any building or part thereof so licensed shall be liable to be inspected at any time.

PART IX. PABT rx.

REGULATIONS. Powers of Central

147. The Central Board may make- Board. See Publio H d t h

(a) Model regulations for the guidance of Local Bomds in Act* 18739 ( b ) AU L"d Public Health %

the execution of this Act : Act, 1876, rat. b.

D-711

26 61" & 62' VICTORIE, No. 71 I.

The Health Aet .1898.

PAET rx. ( 8 ) All such regulations as G Local Board is by this Act autho-

rised to make.

Powera of Local

Board. 148. Every Local Boar&-

See Public Health (a ) May, and when expressly directed by the Central Board

A&, 1878, sec. 29.

shall, adopt the model regulations prepared by the

Central Board:

( h ) And may make in addition all such regulations not re-

pugnant thereto as it may deem useful or necessary for properly carrying into effect the provisions of this Act within its district.

~ppl;~at;onof.re@~- 14.9. Any xegulation may be made to apply only to particular

tions may be lIrmted. districts or to particular parts of a district.

Penalties may be 160. In all cases not otherwise provided for any regulation may

impmed.	impose any penalty not exceeding Twenty Pounds for any breach or non-observame of the same, or in the case of a continuing breach not exceeding Two Pounds for each day that the breach is continued.
ReguIations of Local

Board to be submitted	161. All regulations made by a Local Board shall-
to Central ~ w d.

Approval of Governor.	(a) Be submitted to the Central Board for approval:
( B ) Be subject to the confirmation of the Governor, and
Publication.	(c) When confirmed by the Governor, shdl be published in the

Government Gazette, and shall thenceforth have the force

of law.

Ksgulatians to belaid	152, All regulations shall be l dd before both Houses of Parlia- ment within one month after the making thereof, if Parliament be then in Session, and if not, then within thirty days after the com-
before PLLT1iament.
mencement of the next Session of Parliament.
Parliamentmapobject	153. If within sixty days after such regulations shall be laid before both Houses of Parliament either House of Parliament shall by resolution disallow any of such regulations, it shall (so far as dis- allowed) cease to operate.
t o regdationa.

Evidence of regu- 154, The Government Gazette containing any regulations shall be

letions. conclusive evidence of the due making thereof.

PART X. PART X.

MISCELLANEOUS.

PencsZbbas. l=. To secure the due execution of this Act all persons failing

penalties.

to do any act directed to be done or doing any act forbidden to be

see Public Health

Aot, 1878, secs. 72

done by any provision or by any part of any provision of this Act, or

md 26.

by any regulation, notice, or order of the Central Board or of any

Local

61" & 62O VICTORIE, No. 7". p

--

The Health A c t. 1 8 9 8.

Local Board, or any notice of any officery or order of	Court shall. be
guilty of an offence, and shall be liable-

I. To any sum not exceeding the particular penalty specified in

or at the foot of any such provision or regulation, or in or at the foot of the particular prolision under which any such notice or order is given or made:

11. If there be no specified penalty then in the case of a breach-

( a ) Of a provision of this Act to a penalty not exceeding

Fifty Pounds; or

( b ) Of any regulation to a penalty not exceeding Twenty

Pounds.

156. All complaints and informations shall be heard and deter- Hearing of complaints

mined, and all moneys, costs, and expenses shall be recovered in a

and informations.

summary way before a Special Magistrate or any two or more

Justices.

157. All penalties shall when recovered be paid over to the Local Board of Health within whose jurisdiction such penalties may have been incurred.

Appropriation of

penalties.

158. All complaints, informations, and legal proceedings by or Legal Proceedings.

against the Central Board or any Local Board, may be preferred,

Legal proceedinge in

names of Board or

prosecuted, or defended in the name of such Board, or in the name

officers.

of the chairman, secretary, or inspector.

Act, 1876, sec. 24.

See Public Hedth

159. Except where otherwise provided, no proceedings shall be instituted under this Act, except by or on behalf or with the

No proceedings to be

taken without

authority.

authority of the Central Board or of the Local Board. Such authority may be cithcr general or particular, and may be proved by the production of the authority in writing under the hand of

the chairman or secretary of such Board, or a copy of a resolution

under the hand of the chairman or secretary.

l. I t shall not be necessary in any legal proceedings to prove Constilution of Board

the existence, constitution, or appointment of the Central Soaxd,	need not be proved.
or any Local Board, or of any chairman, officer, or member thereto.

161. A certificate under the hand of any person appearing to be	and appointment of
Proof of boundaries

the chairman or secretary, or the oath of any officer, shall be suffi-	of8cers.
cient evidence of-

I. The boundaries of any district:

11. The appointment of any officer:

until the contrary be proved, and any notice thereof in the Govern-

ment Gazette shall be conclusive evidence.

162. There shall be an appeal from any decision of any Special *ppe&b.

Magietrate or Justices to the Local Court of Adelaide of Ful l

Jurisdiction, 163. such

61" & 62'	VICTORIK, No. 71 I.
Health Act.-1898.

PAW X. 163. Such appeal shall be regulated by Ordinance No. 6 of 1850

bWdw , ,;eh. and " The Justices Procedure Amendment Act, 188 3-4."

~ C O 184, Such Local Court may make any order as to costs as it ~ ~ ~ Y ~

mt5. shall think fit.

stsb cme for opinion 165, Such Local Court may state a special case for the opinion

of Supreme Court.	of the Supreme Court,
case.

Procedure on vecial 166, The Supreme Court shall deal with such special case accord-

ing to the practice of the Supreme Court on special cases and may make any order as to the costs of the proceedings in that Court and

in the Court below.

Authentication of

documents. 167. Every document required to be made or authenticated by

See public Health	any Board shall (unless otherwise provided) be sufficiently authenti-
act, 1876, aec. 28.	catcd if appearing to be signed by any member or officer of the
38 & 39 Tic., c. 66,
aec. 267.	Board,

Bemice of documente. 168, Any document required to be served may be served by

SW Public Health posting the same in an envelope addressed to the person for whom

Aot~1876~8ec. 28.

88 ' it is intended at his last known or most usual place of abode or

P ' '

sec. 267.

business, or by delivering the same to such person or at such place.

I n the case of unoccupied land or premises it shall be sufficient to

affix any necessary notice on some conspicuous part of the land or

premises.

Any notice, consent, permission, or licence by this Act required

to be given or obtained shall be in writing.

Any document posted pursuant to this section shall be deemed to have been duly served at the time when in the ordinary course of

post it would have arrived at its address.

Neglect of duty. 169, Whenever any person shall fail to perform any duty cast

upon him by this Act, or fail to comply with any order or notice,	the Local Board may perform such duty or carry out the terms of
B U C ~ order or notice, and recover all expenses from the person in
default.

Boards not to be liable

in certain cases. 170. No Board shall, except where otherwise expressly provided,

p~bf ic Health

Act, 1878, aeo. 23,	be liable for anything in good faith done or caused or omitted to be
38 & SQ Tic., c. 66,	done by it in carrying out the provisions of this Act, and every person
aec. 266.

30 8~ 31 KC., C. 101, acting under the authority of any Board shall be indemnified by

SW.	11s.	such Board for all liability in so acting.
&c.

Indemnity to deers,

171, Every legal proceeding against any such person or against

Action a& Board

CommBrnd any Board or person in good faith acting or intending to act under

within two month* this Act, on account of anything done or omitted to be done shall be commenced within two months after the cause of action shall have [trisen, and not afterwards.

172, No

61" & 62' VICTORIE, No. 71 I.

The Health Act. - 1898.

172, No member or officer of any Board- PART X.

Members and oflicers

I. Shall be directly or indirectly interested in any bargain or of bmds not to be interested in contracts,

contract entered into by such Board: &c.

11. Shall exact, take, or accept any fee or reward whatsover other Bee Health

than his proper remuneration. A C ~, 1873, sec, 2s.

38 & 39 Vic., c. 66,

Penalty- Fifty Pounds. sec. 193.

173. The Lands Clauses Consolidation Acts, except sections 110, Lands Clauses Consolidation Acts

114, 115,116, 117, and 118 of Act No. 6 of 1847, are incorporated ,,ovomted.

with this Act. The Boards of Health shall be deemed to be the promoters of an undertaking, and this Act shall be deemed to be the special Act, except for the purposes of section 13 of Act No. 202 of 1881.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

S. J. WAY, Lieutenant-Governor.

Adelaide : By authority, C. E. BIZIBTOW, Government Printer, North Terrace.

E-711