Local Government Amendment (Public Health) Act 1998 (TAS)

Local Government Amendment (Public Health) Act 1998

An Act to amend the Local Government Act 1993

[Royal Assent 22 May 1998]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Local Government Amendment (Public Health) Act 1998 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the Local Government Act 1993 is referred to as the Principal Act. 4Section 67 amended (Contents of strategic plan)Section 67 of the Principal Act is amended as follows: (a) by inserting "(1)" before "A strategic"; (b) by inserting in paragraph (a) "public health," after "environmental,"; (c) by inserting the following subsections: (2)  A statement relating to a council’s public health objectives, policies and programs is to – (a) identify and assess any actual and potential public health risk issues within its municipal area; and (b) rate those issues on a priority basis. (3)  In preparing a statement referred to in subsection (2) , a council is to take into account any advice of the Director of Public Health in relation to that statement. 5Section 69 amended (Public inspection of strategic plan)Section 69 of the Principal Act is amended by inserting in paragraph (b) "and the Director of Public Health each" after "Director". 6Section 71 amended (Operational plan) Section 71 of the Principal Act is amended as follows: (a) by inserting in subsection (2) the following paragraph after paragraph (d): (da) a summary of the major strategies to be used in relation to its public health objectives, policies and programs; (b) by inserting in subsection (3)(b) "and the Director of Public Health" after "Director". 7Section 72 amended (Annual report) Section 72 of the Principal Act is amended as follows: (a) by inserting in subsection (1) the following paragraph after paragraph (a): (ab) a statement of its objectives, policies and programs in relation to public health for the preceding financial year; (b) by inserting the following subsection after subsection (1) : (1A)  A statement under subsection (1)(ab) is to – (a) state the extent to which the council has carried out its functions under the Public Health Act 1997 ; and (b) state the resources allocated to public health; and (c) state the extent to which its objectives, policies and programs in relation to public health met the needs of persons within its municipal area; and (d) include details of the completion of any strategies. (c) by inserting in subsection (2)(a) "and one copy of the report to the Director of Public Health" after "Director". 8Section 199 substituted Section 199 of the Principal Act is repealed and the following section is substituted: 199Interpretation of Division 6 In this Division – land, in relation to a public health matter, includes premises; nuisance includes anything that – (a) causes, or is likely to cause, danger or harm to the health, safety or welfare of any person; or (b) causes, or is likely to cause, a risk to public health; or (c) gives rise to unreasonable or excessive levels of noise or pollution; or (d) is, or is likely to be, a fire risk. 9Section 200 amended (Abatement notices) Section 200 of the Principal Act is amended as follows: (a) by inserting the following subsection after subsection (1) : (1A)  If the owner or occupier of land on or from which a nuisance arises cannot be ascertained or found, a council is to display a copy of a notice referred to in subsection (1) in a prominent position on that land. (b) by omitting from subsection (2)(c) "taken." and substituting "taken; and"; (c) by inserting in subsection (2) the following paragraphs after paragraph (c): (d) the person or persons responsible for ensuring that such action is taken; and (e) that under section 201 the council may take such action itself if the notice is not complied with; and (f) that an appeal in relation to the council taking such action is available under section 202 . (d) by inserting in subsection (3) ", or specified in," after "with" first occurring.

[Second reading presentation speech made in:

House of Assembly on 8 APRIL 1998

Legislative Council on 23 APRIL 1998]