Health (Poultry Manure) Regulations 2001 (WA)

Western Australia

Health Act 1911

Health (Poultry Manure) Regulations 2001

These regulations expired on 1 Sep 2013 (see r. 10)

Reprinted under the Reprints Act 1984 as at 1 September 2013

Western Australia

Health (Poultry Manure) Regulations 2001 Contents1. Citation 12 — Commencement3 — Terms used4. Regulations to operate as local laws 25. Untreated poultry manure specified to be a “hazardous substance” 26. Storage, etc., of untreated poultry manure 38. Offences 39. Penalty 410. Expiry of regulations 4NotesCompilation table 5Defined termsDefined terms

Reprinted under the Reprints Act 1984 as at 1 September 2013

Western Australia

Health Act 1911

Health Act 1911

Health (Poultry Manure) Regulations 2001

1.Citation

These regulations may be cited as the Health (Poultry Manure) Regulations 2001 1.

2.Commencement

These regulations come into operation on 1 September 2001.

3.Terms used

In these regulations —

approved means approved by the Executive Director, Public Health;

commercially‑derived, in relation to poultry manure, means poultry manure that is the result of a commercial poultry undertaking, including egg production through “layer” farming, or meat production through “broiler” farming;

poultry means chickens, ducks, geese, emus, ostriches, turkeys, waterfowl, and any other birds bred or kept for commercial purposes (other than for the purpose of sale as pets);

process means a process for the treatment of untreated poultry manure that is intended to prevent flies from breeding in the manure after treatment by that process;

untreated poultry manure means poultry manure, whether or not mixed with other materials, that has not been subject to treatment by an approved process.

4.Regulations to operate as local laws

• (1)

  These regulations apply to the local government districts set out in Table 1 to this regulation as if they were local laws made under the Act.

Table 1

City of Armadale	Town of Kwinana
City of Cockburn	Shire of Chittering
City of Joondalup	Shire of Gingin
City of Rockingham	Shire of Harvey
City of Swan	Shire of Kalamunda
City of Wanneroo	Shire of Serpentine‑Jarrahdale.

• (2)

  These regulations apply to the parts of the local government districts set out in Table 2 to this regulation as if they were local laws made under the Act.

Table 2

The portion of the Shire of Murray described as the Peel Harvey Coastal Plain Catchment SPP No. 2 in the Gazette of 21 February 1992 at p. 945‑55 (a detailed map of which may be inspected at the office of the Environmental Health Services of the Department of Health, Grace Vaughan House, 227 Stubbs Terrace, Shenton Park, Perth, during normal office hours).

[Regulation 4 amended in Gazette 30 Nov 2001 p. 6072‑3.]

5.Untreated poultry manure specified to be a “hazardous substance”

Under section 199(21) of the Act, untreated poultry manure is specified to be a “hazardous substance”.

6.Storage, etc., of untreated poultry manure

• (1)

  A commercial producer of untreated poultry manure may store commercially‑derived untreated poultry manure at the place of production, at any time.

• (2)

  A person undertaking an approved process in relation to untreated poultry manure may store commercially‑derived untreated poultry manure at any time for the purposes of treating that manure.

• (3)

  A person may store, supply, sell, transport, or use commercially‑derived untreated poultry manure at any time for the purposes of —

  • (a)

    treating that manure by an approved process; or

  • (b)

    temporary storage of the manure at a landfill site that is subject to an appropriate licence under Part V of the Environmental Protection Act 1986.

• (4)

  A person may supply, sell or transport commercially‑derived unprocessed poultry manure at any time if the purpose is to deliver that manure to an area of the State where these regulations do not apply.

[Regulation 6 amended in Gazette 20 Oct 2006 p. 4469; 24 May 2011 p. 1896.]

[7. Deleted in Gazette 24 May 2011 p. 1896.]

8.Offences

• (1)

  Unless a person is specifically permitted to do so under regulation 6, a person shall not store commercially‑derived untreated poultry manure.

Penalty: see regulation 9.

• (2)

  Unless a person is specifically permitted to do so under regulation 6(3) or 6(4), a person shall not supply commercially‑derived untreated poultry manure.

Penalty: see regulation 9.

• (3)

  Unless a person is specifically permitted to do so under regulation 6(3) or 6(4), a person shall not sell commercially‑derived untreated poultry manure.

Penalty: see regulation 9.

• (4)

  Unless a person is specifically permitted to do so under regulation 6(3) or 6(4), a person shall not transport commercially‑derived untreated poultry manure.

Penalty: see regulation 9.

• (5)

  Unless a person is specifically permitted to do so under regulation 6(3), a person shall not use commercially‑derived untreated poultry manure.

Penalty: see regulation 9.

[Regulation 8 amended in Gazette 24 May 2011 p. 1896.]

9.Penalty

The penalty for an offence under regulation 8 is —

• (a)

  in the case of a first offence — a penalty which is not less than $100 and not more than $1 000; and

• (b)

  in the case of a second offence — a penalty which is not less than $200 and not more than $1 000; and

• (c)

  in the case of a third or subsequent offence — a penalty which is not less than $500 and not more than $1 000; and

• (d)

  in the case of a continuing offence — a daily penalty which is not more than $100 and not less than $50.

10.Expiry of regulations

These regulations expire on 1 September 2013.

[Regulation 10 inserted in Gazette 24 May 2011 p. 1897.]

Notes

1          This is a compilation of the Health (Poultry Manure) Regulations 2001 and includes the amendments made by the other written laws referred to in the following table.   The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Health (Poultry Manure) Regulations 2001	24 Aug 2001 p. 4577-80	1 Sep 2001 (see r. 2)
Health (Poultry Manure) Amendment Regulations 2001	30 Nov 2001 p. 6072-3	30 Nov 2001
Health (Poultry Manure) Amendment Regulations 2006	20 Oct 2006 p. 4469	20 Oct 2006
Health (Poultry Manure) Amendment Regulations 2011	24 May 2011 p. 1896-7	r. 1 and 2: 24 May 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Sep 2011 (see r. 2(b))
Reprint 1: The Health (Poultry Manure) Regulations 2001 as at 10 May 2013 (includes amendments listed above)
These regulations expired on 1 Sep 2013 (see r. 10)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

approved............................................................................................................................ 3

commercially‑derived....................................................................................................... 3

poultry................................................................................................................................ 3

process............................................................................................................................... 3

untreated poultry manure................................................................................................ 3