Public and Environmental Health Act 1987 (SA)
South Australia
Public and Environmental Health Act 1987
An Act dealing with public and environmental health; to repeal the Health Act 1935, the Noxious Trades Act 1934 and the Venereal Diseases Act 1947; and for other purposes.
Contents
Part 1—Preliminary
1 Short title
3 Interpretation
4 Act to bind the Crown
Part 2—Administration
Division 1—General
6 Delegation
7 Authorised officers
Division 3—Enforcement of proper standards
12A Powers and duties of relevant authorities
Part 3—Protection of public health
Division 2—Provisions relating to sanitation, drainage etc
15 Prevention of insanitary conditions on premises
16 Offence in relation to insanitary conditions on premises
17 Control of offensive activities
18 Discharge of wastes in a public place
19 Private thoroughfare
20 Provision of adequate sanitation
Division 3—Protection of water supplies
21 Pollution of water
22 Sources of water supply may be closed
Division 4—Action on default, recovery of costs etc
23 Action on default
24 Recovery of costs by one person from another
Division 5—Appeals
25 Grounds for, and manner of, appeal
26 Constitution of special committee
27 Proceedings of review committee
28 Determination of an appeal
29 Further appeal
Part 5—Miscellaneous
38 Inspections etc
39 Councils may appoint officers of health
41 Power to require information
42 Confidentiality
42A Provision of certain information
43 Manner of giving notice
43A Person infested with vermin must prevent transmission to others
44 Reporting
45 Offences
46 Offences by bodies corporate
47 Regulations
Schedule 3—Repeal of certain Acts and transitional provisions
1 Repeal of certain Acts
Legislative history
Appendix—Divisional penalties and expiation fees
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Public and Environmental Health Act 1987.
3—Interpretation
(1)In this Act, unless the contrary intention appears—
the authority means—
(a)in relation to a local government area—the local council for that area; and
(b)in relation to a part of the State that is not within a local government area—the Minister,
(but where powers are withdrawn from a local council and vested in the Minister or the Minister is, by agreement with a local council, discharging duties of the council, a reference to the authority in relation to those powers or duties is a reference to the Minister rather than that council);
authorised officer means a person—
(a)holding an appointment as an authorised officer under Part 2; or
(b)authorised by the Minister to exercise the powers of an authorised officer under this Act;
building includes a structure;
Chief Executive means the Chief Executive of the Department and includes a person for the time being acting in that position;
Chief Medical Officer means the Chief Medical Officer of the Department and includes a person for the time being acting in that position;
child means a person under the age of 16 years;
controlled notifiable disease means—
(a)a notifiable disease included in Schedule 2; or
(b)a notifiable disease prescribed by regulation to be a controlled notifiable disease;
controlling authority means a controlling authority constituted under the Local Government Act 1934;
the Council means the Public and Environmental Health Council constituted under Part 2;
the Department means the department of the Minister to whom the administration of this Act is committed;
director of a body corporate includes any member of the governing body of the body corporate;
emergency has the same meaning as in the Emergency Management Act 2004;
emergency officer means a police officer or a person holding an appointment as an emergency officer under section 7A;
local council means a council constituted under the Local Government Act 1934;
medical practitioner means a legally qualified medical practitioner;
notifiable disease means—
(a)a communicable disease included in Schedule 1; or
(b)a communicable disease prescribed by regulation to be a notifiable disease;
occupier, in relation to premises, means a person who has, or is entitled to, possession or control of the premises and includes a person who is in charge of the premises;
owner, in relation to premises, includes an occupier of the premises;
place of public assembly includes a building (in public or private ownership) at which more than 20 persons gather on a regular or irregular basis;
pollution, in relation to water, connotes a degree of impurity that renders the water unfit for human consumption;
premises means—
(a)any land, building or place (including a public place, or a movable building or structure); or
(b)a part of premises;
public health emergency—see section 37B;
public health incident—see section 37A;
Public Health Emergency Management Plan means a plan (or a series of plans) prepared by the Chief Executive and approved by the Minister comprising strategies to be administered by the Department for the prevention of emergencies in this State and for ensuring adequate preparation for emergencies in this State, including strategies for the containment of emergencies, response and recovery operations and the orderly and efficient deployment of resources and services in connection with response and recovery operations;
Note—
It is contemplated that the Public Health Emergency Management Plan will form part of, or be recognised in, the State Emergency Management Plan prepared under the Emergency Management Act 2004.
public place includes a place to which the public ordinarily has access;
recovery operations has the same meaning as in the Emergency Management Act 2004;
refuse includes rubbish and other forms of waste material;
response operations has the same meaning as in the Emergency Management Act 2004;
State Co-ordinator means the person holding or acting in the position of State Co‑ordinator under the Emergency Management Act 2004;
vehicle includes an aircraft or vessel;
vermin includes lice, fleas and mites;
waste control system means any system that provides for the collection, treatment or disposal of human, commercial or industrial waste through—
(a)a drainage or sewerage system; or
(b)a system of pipes, pumps, appliances, plant or storage or treatment facilities that deals with the waste in solid or liquid form, or in a combination of both; or
(c)a system that incorporates the use of biological, chemical or artificial means, or any combination of such means, to collect, treat or dispose of the waste, or any residues,
and includes any fixture, fitting, appliance, plant or process associated with any such system but does not include any system of a class excluded by regulation from the ambit of this definition;
water supply includes any natural or artificial accumulation or source of water.
(2)Premises are in an insanitary condition if—
(a)the condition of the premises gives rise to a risk to health; or
(b)the premises are so filthy or neglected that there is a risk of infestation by rodents or other pests; or
(c)the condition of the premises is such as to cause justified offence to the owner of any land in the vicinity; or
(d)offensive material or odours are emitted from the premises; or
(e)the premises are for some other reason justifiably declared by the authority to be in an insanitary condition.
Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix.
4—Act to bind the Crown
This Act binds the Crown.
Part 2—Administration
Division 1—General
6—Delegation
(a1)The Minister may, by instrument in writing, delegate any of the Minister's powers or functions under this Act.
(1)A local council may, by instrument in writing, delegate any of its powers or functions under this Act.
(1aa)The Chief Executive may, by instrument in writing, delegate any of the Chief Executive's powers or functions under this Act.
(1a)A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.
(2)A delegation under this section—
(a)may be absolute or conditional; and
(b)does not derogate from the powers of the delegator to act in a matter; and
(c)is revocable at will.
(3)No delegation may be made to a local council under this section without the concurrence of the local council.
(4)The Minister or the Chief Executive must not revoke a delegation made to a local council under this section without first consulting with the local council.
7—Authorised officers
(1)Authorised officers may be appointed by the Minister or a local council.
(2)Subject to subsection (3), a person is not eligible for appointment as an authorised officer unless the person—
(a)holds qualifications approved by the Minister; or
(b)held, immediately before the commencement of this Act, an appointment as an officer or health surveyor under the Health Act 1935.
(3)Where, in the opinion of the Minister, a local council cannot reasonably be expected to appoint a qualified person as an authorised officer, the local council may, with the consent of the Minister, appoint a person as an authorised officer even though he or she does not comply with subsection (2).
(4)The Minister must not appoint an officer or employee of a local council as an authorised officer unless the local council consents to the appointment.
(5)Every authorised officer must be furnished with a certificate of authority and the certificate must be produced by the authorised officer on demand.
Division 3—Enforcement of proper standards
12A—Powers and duties of relevant authorities
(1)It is the duty of the Minister—
(a)to promote proper standards of public and environmental health in the State generally; and
(b)without derogating from the powers of a local council under this Act (but subject to this section), to take adequate measures to ensure that the provisions of this Act are observed within the State.
(2)Subject to this section, it is the duty of a local council—
(a)to promote proper standards of public and environmental health in its area; and
(b)to take adequate measures to ensure that the provisions of Part 3 are observed in its area; and
(c)to take reasonable steps—
(i)to prevent the occurrence and spread of notifiable diseases within its area; and
(ii)to prevent any infestation or spread of vermin, rodents or other pests within its area.
(3)If, in the opinion of the Council, a local council has failed to discharge its duty under this section, the Council must consult with the local council in relation to the matter.
(4)If, after taking action to comply with subsection (3), the Council considers that the matter remains unresolved, the Council may take such action as appears appropriate.
(5)Without limiting the generality of subsection (4), the Council may, by notice in the Gazette, withdraw powers from a local council and transfer them to the Minister.
(6)Before taking action under subsection (5)—
(a)the Council must, by notice in writing—
(i)inform the local council of its proposed course of action (setting out the grounds on which that action is proposed); and
(ii)invite the local council to make written submissions in relation to the matter; and
(b)if the local council so requests in written submissions to the Council—the Council must discuss the matter with a delegation representing the local council.
(7)The Council must, as soon as is reasonably practicable after publishing a notice under subsection (5), furnish the local council with written reasons for its decision.
(8)The Minister may recover as a debt costs and expenses reasonably incurred in exercising powers transferred under subsection (5) from the local council from which the powers are withdrawn.
(9)The Council may, by subsequent notice in the Gazette, revoke a notice under subsection (5).
(10)The Minister may agree to discharge on behalf of a local council any part of its duty under subsection (2).
(11)An agreement under subsection (10) may be made subject to conditions and limitations.
(12)Where the Minister enters into an agreement under subsection (10), the Minister is, to the extent contemplated by the agreement, vested with the powers of the local council in respect of which the agreement is made.
(13)A breach of duty under this section does not give rise to any civil liability.
Part 3—Protection of public health
Division 2—Provisions relating to sanitation, drainage etc
15—Prevention of insanitary conditions on premises
(1)If premises are in an insanitary condition, the authority may, by notice in writing, require an owner of the premises or any other person who is apparently responsible for causing the insanitary condition or allowing the insanitary condition to occur—
(a)to take specified action to improve the condition of the premises; or
(b)to desist from a specified activity to which the condition of the premises is apparently attributable.
(2)If residential premises are, by reason of their insanitary condition, unfit for human habitation, the authority may include in a notice under subsection (1), a direction that, after a date specified in the notice, the premises must not be occupied until—
(a)specified action to render the premises fit for human habitation has been taken; and
(b)the authority is satisfied that the premises are fit for human habitation.
(3)A person to whom a notice under subsection (1) is addressed shall not, without reasonable excuse, fail to comply with the notice.
Penalty: Division 5 fine.
Expiation fee: Division 6 fee.
(4)Where a notice under subsection (1) includes a direction under subsection (2), the authority must have a copy of the notice affixed to a conspicuous part of the premises to which it relates.
(5)A person shall not, knowing that a direction exists under subsection (2), occupy premises in contravention of that direction.
Penalty: Division 6 fine.
Expiation fee: Division 7 fee.
(6)The authority may, by further notice in writing, vary or revoke a notice given under this section.
16—Offence in relation to insanitary conditions on premises
(1)If premises are in an insanitary condition, any person who is responsible for causing the condition or allowing the condition to occur is guilty of an offence.
Penalty: Division 5 fine.
Expiation fee: Division 6 fee.
(2)It is a defence to a charge for an offence against subsection (1) to prove that there is a reasonable excuse for the condition of the premises.
17—Control of offensive activities
(1)If an activity—
(a)gives rise to a risk to health; or
(b)results in the emission of offensive material or odours,
the authority may, by notice in writing to the person responsible for the activity, require that person to desist from the activity or to observe requirements stipulated in the notice in relation to the carrying on of the activity.
(2)A person who, without reasonable excuse, fails to comply with a notice under subsection (1) is guilty of an offence.
Penalty: Division 5 fine.
Expiation fee: Division 6 fee.
18—Discharge of wastes in a public place
(1)A person who discharges waste into a public place is guilty of an offence.
Penalty: Division 3 fine.
(2)A person who, without lawful permission, discharges waste into premises of which he or she is not an owner is guilty of an offence.
Penalty: Division 3 fine.
(3)The authority may, by notice in writing, require the owner to take specified action (immediately or within a period specified in the notice)—
(a)to prevent the discharge or potential discharge of waste from those premises into a public place or other premises; or
(b)to remove waste discharged by the owner into a public place or other premises.
(4)A person to whom a notice under subsection (3) is addressed shall not, without reasonable excuse, fail to comply with the notice.
Penalty: Division 3 fine.
Expiation fee: Division 6 fee.
(5)The authority may, by further notice in writing, vary or revoke a notice given under this section.
19—Private thoroughfare
(1)The owner of a private thoroughfare shall keep the thoroughfare clean and free of refuse.
Penalty: Division 6 fine.
Expiation fee: Division 7 fee.
(2)Where the owner of a private thoroughfare fails to comply with subsection (1), the authority may, by notice in writing, require the owner to take specified action to remedy the default within such time as the authority allows in the notice.
(3)A person to whom a notice under subsection (2) is addressed shall not, without reasonable excuse, fail to comply with the notice.
Penalty: Division 6 fine.
Expiation fee: Division 7 fee.
(4)The authority may, by further notice in writing, vary or revoke a notice given under this section.
(5)In this section—
private thoroughfare means a private street, road, lane, footway, alley, court or thoroughfare that the public is allowed to use.
20—Provision of adequate sanitation
(1)Where the authority is of the opinion that premises have inadequate facilities for sanitation or personal hygiene, the authority may, by notice in writing, require an owner of the premises to take such action as the authority thinks necessary, and specifies in the notice, to provide adequate facilities within such time, and in such manner, as is specified in the notice.
(2)A person to whom a notice under subsection (1) is addressed shall not, without reasonable excuse, fail to comply with the notice.
Penalty: Division 6 fine.
Expiation fee: Division 7 fee.
(3)The authority may, by further notice in writing, vary or revoke a notice given under this section.
(4)The owner of a building that is used as a place of public assembly shall keep the building clean and properly ventilated.
Penalty: Division 6 fine.
Expiation fee: Division 7 fee.
Division 3—Protection of water supplies
21—Pollution of water
(1)A person who pollutes a water supply is guilty of an offence.
Penalty: Division 1 fine.
(2)If the authority is of the opinion that a water supply may become polluted in consequence of a particular activity, the authority may, by notice in writing addressed to the person responsible for the activity, require the person—
(a)to take specified action to prevent pollution of the water supply within such time as the authority specifies in the notice; or
(b)to desist from the activity.
(3)A person to whom a notice under subsection (2) is addressed shall not, without reasonable excuse, fail to comply with the notice.
Penalty: Division 1 fine.
(4)The authority may, by further notice in writing, vary or revoke a notice given under this section.
(5)This section does not apply to, or in relation to—
(a)the pollution of water supply that is authorised by or under the Water Resources Act 1990;
(b)a person in relation to the pollution of a water supply if that person is exempted by or under the Water Resources Act 1990 from the operation of Division 2 of Part 5 of that Act in relation to the pollution of that water supply;
(c)the pollution of a water supply if the pollution does not constitute an offence under the Water Resources Act 1990 because of a regulation under that Act declaring that the Act, or a particular provision of the Act, does not apply to, or in relation to, the water supply.
22—Sources of water supply may be closed
(1)If the authority is of the opinion that a water supply is polluted and that action is necessary under this subsection to prevent human consumption of the water, it may, by notice published in the Gazette, restrict or prohibit the taking of water from that water supply, or the use of water taken from that water supply, for human consumption.
(2)A person, knowing that a notice has been given under subsection (1), shall not, without reasonable excuse, contravene the notice.
Penalty: Division 4 fine.
(3)The authority may, by further notice in the Gazette, vary or revoke a notice given under this section.
Division 4—Action on default, recovery of costs etc
23—Action on default
(1)Where the requirements of a notice under this Part are not complied with, the authority may cause the requirements to be carried out.
(2)A person authorised to do so by the authority may enter premises at any reasonable time for the purposes of carrying out the requirements of a notice, but shall not break into the premises unless authorised to do so by warrant of a justice.
(3)A justice may issue a warrant under subsection (2) if satisfied, by affidavit or other sworn evidence, that the warrant is reasonably required in the circumstances of the case.
(4)The authority may recover the costs and expenses reasonably incurred in exercising the powers under subsection (1) from the person who failed to comply with the notice, as a debt.
(5)Any costs and expenses reasonably incurred in exercising powers under subsection (1) in respect of land will be a charge against the land and may be recovered as if they were rates in arrear.
24—Recovery of costs by one person from another
Where—
(a)a person is required by a notice under this Part to take any action; and
(b)the circumstances out of which the requirement arose are attributable to the act or default of another,
the person may recover the amount of the costs and expenses reasonably incurred in complying with the notice from that other person as a debt.
Division 5—Appeals
25—Grounds for, and manner of, appeal
(1)A person may appeal against a requirement imposed under this Part.
(2)An appeal under this section lies to the Council and must be instituted by a written notice of appeal setting out, in detail, the grounds of appeal.
(3)An appeal must be instituted within 14 days of the requirement being imposed under this Part unless the Council, in its discretion, allows an extension of time for instituting the appeal.
(4)Subject to a determination by the Council to the contrary in relation to a particular appeal, where an appeal has been instituted, the requirement appealed against is suspended until the appeal has been determined or withdrawn.
(5)An appeal under this section is to be conducted as a full review of the matter to which the appeal relates.
(6)An appeal under this section must be dealt with as expeditiously as possible.
26—Constitution of special committee
(1)An appeal will be heard and determined by a review committee, constituted by the Council, consisting of—
(a)the member of the staff of the Department appointed to the Council (who will preside); and
(b)one of the members of the Council who were appointed on the nomination of the Local Government Association of South Australia; and
(c)either one of the members of the Council who were appointed on the nomination of the Minister on account of their qualifications and experience in public and environmental health or the member of the Council appointed on the nomination of the Australian Institute of Health Surveyors (South Australian Division).
(2)A decision in which two members of a review committee concur is a decision of the Council and takes effect without further action by the Council.
27—Proceedings of review committee
(1)For the purposes of dealing with an appeal, a review committee may adopt such procedures as it thinks appropriate.
(2)A party is entitled to appear personally or, with leave of the committee, by representative, in proceedings before a review committee.
(3)A review committee may proceed to determine an appeal in the absence of a party if the party has had notice of the time and place of the proceedings and fails to appear.
(4)In any proceedings before a review committee, the review committee is not bound by the rules of evidence but may inform itself upon any matter relating to the proceedings in such manner as it thinks fit.
28—Determination of an appeal
Upon hearing an appeal, a review committee may—
(a)revoke the requirement appealed against and, where appropriate, discharge any notice given to the appellant;
(b)substitute any requirement or notice that could have been made or given in the first instance;
(c)dismiss the appeal;
(d)refer the matter back to the authority for re-consideration;
(e)make an order for costs;
(f)make any ancillary order that the committee thinks fit.
29—Further appeal
(1)A right of appeal exists to the Administrative and Disciplinary Division of the District Court against a decision of the Council under this Division.
(1a)An appeal must be instituted within 14 days of the decision of the Council.
Part 5—Miscellaneous
38—Inspections etc
(1)An authorised officer may, for purposes connected with the exercise, performance or discharge of any power, function or duty under this Act—
(a)at any reasonable time, enter or inspect any premises or vehicle; and
(b)during the course of the inspection of any premises or vehicle—
(i)ask questions of any person found in the premises or vehicle; and
(ii)inspect any article or substance found in the premises or vehicle; and
(iii)take and remove samples of any substance found in the premises or vehicle; and
(iv)require any person to produce any plans, specifications, books, papers or documents; and
(v)examine, copy and take extracts from any plans, specifications, books, papers or documents; and
(vi)take photographs, films or video recordings; and
(vii)take measurements, make notes and carry out tests; and
(viii)remove any article that may constitute evidence of the commission of an offence against this Act; and
(c)require any person to answer any question that may be relevant to—
(i)ascertaining whether the person is suffering from a notifiable disease; or
(ii)the administration or enforcement of this Act.
(2)In the exercise of powers under subsection (1), an authorised officer may be accompanied by such assistants as may be necessary or desirable in the circumstances.
(2a)An authorised officer may use force to enter any premises or vehicle—
(a)on the authority of a warrant issued by a magistrate; or
(b)if the officer believes, on reasonable grounds, that the circumstances require immediate action to be taken.
(2b)A magistrate must not issue a warrant under subsection (2a) unless satisfied, on information given on oath—
(a)that there are reasonable grounds to suspect that an offence against this Act has been, is being, or is about to be, committed; or
(b)that the warrant is reasonably required in the circumstances.
(3)Where an authorised officer is inspecting premises or a vehicle under this section, the person in charge of the premises or vehicle shall provide such assistance as the authorised officer reasonably requires to facilitate the inspection.
(4)A person who—
(a)hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of a power under this section; or
(b)having been asked a question under this section, does not answer the question to the best of his or her knowledge, information and belief; or
(c)being the person in charge of premises or a vehicle subject to an inspection and having been required to provide reasonable assistance to facilitate the inspection, refuses or fails to provide such assistance,
is guilty of an offence.
Penalty: Division 6 fine.
(5)A person is not required to answer a question under this section if the answer would tend to incriminate him or her.
39—Councils may appoint officers of health
A local council may appoint a person to act as the officer of health for its area.
41—Power to require information
(1)The Minister, the Chief Executive or a local council may require a person to furnish such information relating to public or environmental health as may be reasonably required for the purposes of this Act.
(2)Subject to subsection (3), a person who fails to comply with a requirement under subsection (1) is guilty of an offence.
Penalty: Division 6 fine.
Expiation fee: Division 7 fee.
(3)A person is not required to furnish information under subsection (1) if the information would tend to incriminate him or her.
(4)A person who furnishes information under this section cannot, by virtue of doing so, be held to have breached any law or any principle of professional ethics.
42—Confidentiality
Where a person, in the course of official duties, obtains—
(a)medical information relating to another; or
(b)information the disclosure of which would involve the disclosure of information relating to the personal affairs of another,
the person shall not intentionally disclose that information unless—
(c)the disclosure is made in the course of official duties; or
(d)the disclosure is made with the consent of the other person; or
(e)the disclosure is required by a court or tribunal constituted by law.
Penalty: Division 6 fine.
42A—Provision of certain information
(1)This section applies to a person employed or engaged by the State for the purpose of—
(a)monitoring public health in the State; or
(b)investigating public health problems within the State; or
(c)assessing and improving the quality of public health in the State.
(2)The Governor may, by instrument in writing, authorise a person to whom this section applies to have access to confidential information relating to the performance of any function referred to in subsection (1).
(3)Confidential information may be disclosed to a person authorised under subsection (2), and to any person providing technical, administrative or secretarial assistance to that person, without breach of any law or any principle of professional ethics.
(4)A person must not disclose confidential information obtained directly or indirectly pursuant to this section unless—
(a)the disclosure is made in the course of official duties; or
(b)the disclosure is made with the consent of the person to whom the information relates; or
(c)the disclosure is required by a court or tribunal constituted by law.
Penalty: Division 6 fine.
(5)In this section—
confidential information means—
(a)medical information; or
(b)information relating to a person's personal affairs.
43—Manner of giving notice
A notice required or authorised by this Act may be given or served—
(a)personally; or
(b)by post; or
(c)if the notice relates to premises and is to be served on an owner of those premises—by affixing the notice to a conspicuous part of the premises.
43A—Person infested with vermin must prevent transmission to others
(1)A person infested with vermin must take all reasonable measure to prevent transmission of the vermin to others.
Penalty: Division 9 fine.
(2)If a child is infested with vermin, a parent of the child must take all reasonable measures to prevent transmission of the vermin to others.
Penalty: Division 9 fine.
44—Reporting
(1)Every local council shall, on or before the thirtieth day of September in each year, submit to the Council a report on the work of the local council under this Act during the financial year ending on the thirtieth day of June in that year, and the report must include, in respect of that financial year—
(a)a report on the standard of public and environmental health in the local council's area;
(b)details of the measures that the local council has taken under Part 3.
(2)The Council shall, on or before the thirtieth day of October in each year, submit to the Minister—
(a)a report on the work of the Council under this Act during the financial year ending on the thirtieth day of June in that year; and
(b)a copy of each report of a local council submitted to the Council under subsection (1).
(3)The Department shall, on or before the thirty-first day of December in each year, submit to the Minister a report on the operation of this Act during the financial year ending on the thirtieth day of June in that year, and the report must include, in respect of that financial year a report on the standard of public and environmental health in the State generally.
(4)The Minister shall within 12 sitting days after the receipt of the two reports under subsection (3), cause a copy of each report to be laid before each House of Parliament.
45—Offences
(1)Subject to subsection (1a), an offence against this Act is a summary offence.
(1a)An offence against this Act for which the maximum penalty prescribed by this Act is a division 1 fine is a minor indictable offence.
(2)Proceedings for an offence against this Act cannot be commenced except upon the complaint of—
(a)an authorised officer; or
(b)a member of the staff of the Department; or
(c)the chief executive officer of a local council; or
(d)a member of the police force; or
(e)a person acting on the written authority of the Minister.
(2a)An apparently genuine document purporting to be under the hand of the Minister and to authorise the commencement of proceedings under this Act must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of an authorisation under subsection (2)(e).
(3)Proceedings for an offence against this Act must be commenced within one year after the date on which the offence is alleged to have been committed.
(4)Where a person is convicted of an offence against this Act and after that conviction the act or omission of the person that constituted the offence continues, that person is guilty of a separate and further offence in respect of each day during which the act or omission continues.
Penalty: Division 10 fine for each separate and further offence.
46—Offences by bodies corporate
Where a body corporate is guilty of an offence against this Act, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless it is proved that the director could not by the exercise of reasonable diligence have prevented the commission of the offence by the body corporate.
47—Regulations
(1)The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.
(2)Without limiting the generality of subsection (1), those regulations may—
(a)provide for the removal or destruction of any object or substance that creates a risk to public health;
(b)prohibit, restrict or regulate the manufacture, possession or use of substances that may create a risk to public health;
(c)prohibit or restrict the construction of premises that may create a risk to public health;
(d)prohibit or regulate the keeping of animals of a particular class;
(e)authorise or require the taking of specified measures to prevent the occurrence or spread of any notifiable disease;
(f)require the furnishing of reports to the Chief Executive relating to notifiable diseases;
(fa)provide for such matters as are necessary in consequence of conditions directly or indirectly caused by an emergency declared to be a public health incident or public health emergency under this Act;
(g)regulate the construction, installation, maintenance and operation, and provide for the inspection, of swimming pools, spa pools, waterslides, wave pools or any other similar structure designed for human use;
(h)prescribe standards that must be observed in relation to the installation and operation of waste control systems;
(ha)regulate the construction, installation, maintenance, alteration and operation of waste control systems;
(hb)provide for the inspection and testing of waste control systems;
(hc)require the provision of technical reports or other forms of information in relation to any waste control system, or any proposed waste control system;
(i)provide for the provision of returns and information to the Minister, the Chief Executive or the Council by prescribed persons or persons of prescribed classes;
(j)on the recommendation of the Council, prescribe guidelines to assist local councils in the administration of this Act;
(k)prescribe fees and expenses in connection with any matter arising under this Act, which may be of varying amounts according to factors prescribed in the regulations or determined by the Minister from time to time and published in the Gazette;
(ka)provide for the payment and recovery of prescribed fees and expenses;
(kb)empower or require the Minister or local council to refund, reduce or remit any fee payable under this Act;
(l)prescribe forms for the purposes of this Act;
(la)regulate the requirements and prescribe information that must be provided in connection with any application made for the purposes of this Act;
(m)exempt, either absolutely or subject to prescribed conditions or limitations—
(i)persons or classes of persons;
(ii)areas of the State,
from this Act or specified provisions of this Act;
(n)prescribe penalties not exceeding a division 6 fine for breach of any regulation.
(3)Regulations made under subsection (2)(d) in relation to the keeping of animals may provide for—
(a)the nature and condition of land or buildings in which the animals may be kept;
(b)the inspection of any place where the animals are kept;
(c)the maximum number of animals that may be kept per unit area;
(d)the storage of animal food;
(e)the control of vermin;
(f)the disposal of wastes.
(4)A regulation may not be made under subsection (2)(d) unless the Governor is satisfied—
(a)that the regulation is reasonably necessary to prevent the transmission of disease from the animals to humans or to prevent insanitary conditions; and
(b)that there has been reasonable consultation with the persons who would be directly affected by the regulation, or with their representatives.
(5)The regulations may adopt, wholly or partially and with or without modification—
(a)a code or standard relating to matters in respect of which regulations may be made under this Act; or
(b)an amendment to such a code or standard.
(6)Any regulations adopting a code or standard, or an amendment to a code or standard, may contain such incidental, supplementary and transitional provisions as appear to the Governor to be necessary.
(7)The regulations or a code or standard adopted by the regulations may—
(a)refer to or incorporate, wholly or partially and with or without modification, a standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and
(b)be of general or limited application; and
(c)make different provision according to the persons, things or circumstances to which they are expressed to apply; and
(d)provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Chief Executive or a local council.
(8)Where—
(a)a code or standard is adopted by the regulations; or
(b)the regulations, or a code or standard adopted by the regulations, refers to a standard or other document prepared or published by a prescribed body,
then—
(c)a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and
(d)in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and
(e)the code, standard or other document has effect as if it were a regulation made under this Act.
Schedule 3—Repeal of certain Acts and transitional provisions
1—Repeal of certain Acts
(1)The following Acts are repealed:
The Health Act 1935
The Noxious Trades Act 1943
The Venereal Diseases Act 1947.
(2)The Governor may, by proclamation, suspend the repeal of specified provisions of the Health Act 1935 until a subsequent day fixed in the proclamation, or a day to be fixed by subsequent proclamation.
2The following transitional provisions apply in relation to the repeal of the Health Act 1935:
(a)a proclamation made by the Governor under the Health Act 1935 declaring a disease to be an infectious disease or a notifiable disease and in force immediately before the repeal of the provisions of that Act providing for the making of the proclamation shall be deemed to be a prescription under this Act that the disease is a notifiable disease; and
(b)a resolution passed by a local board of health under the Health Act 1935, and in force immediately before the repeal of the provisions of that Act providing for the passing of the resolution shall be deemed to be a resolution passed pursuant to this Act by the local council that constituted that local board; and
(c)where a county board of health was in existence immediately before the repeal of those provisions of the Health Act 1935, that provide for county boards of health, the assets and liabilities of the county board shall be divided—
(i)by agreement, between the local councils in respect of which the county board was constituted; or
(ii)if agreement cannot be reached by those local councils, according to the directions of the Minister of Local Government; and
(d)all actions and proceedings which but for the repeal of provisions of the Health Act 1935, could have been taken or commenced by an authorised officer or local board of health may be taken or commenced by an authorised officer or a local council; and
(e)all actions and proceedings which before the repeal of provisions of the Health Act 1935, had been taken or commenced by an authorised officer or local board of health under that Act may be continued in all respects by the authorised officer or a local council; and
(f)the Council may require a local council to provide a report (in a form approved by the Council) on the sanitary condition of its area immediately before the repeal of any of the provisions of the Health Act 1935.
3The Acts Interpretation Act 1915 shall, except to the extent of any inconsistency with the provisions of this Schedule, apply to the repeal of the Acts referred to in clause 1.
Legislative history
Notes
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of Act
The Public and Environmental Health Act 1987 was repealed by Sch 1 (cl 11) of the South Australian Public Health Act 2011 on 16.6.2013.
Repeal of Act
This Act was repealed by Sch 1 (cl 11) of the South Australian Public Health Act 2011 on 23.2.2012. However, the repeal of Parts 1, 2 (other than Division 2), 3—5 and Schs 1—3 was suspended until a day to be fixed by proclamation (see Gazette 23.2.2012 p 840).
Section 7A, Parts 4, 4A and Schs 1, 2 were repealed on 16.9.2012 (see Gazette 30.8.2012 p 3945).
Parts 1, 2 (other than Div 1 (s 7A) & Div 2), 3, 5 and Sch 3 were repealed on 16.6.2013 (see Gazette 14.6.2013 p 2573).
Principal Act and amendments
Year No Title Assent Commencement 1987 36 Public and Environmental Health Act 1987 23.4.1987 7.12.1989 (Gazette 7.12.1989 p1700) except ss 7, 13—29, 39, 44, Sch 3 (cl 2(b), (c) & (f)) and the repeal of the Noxious Trades Act 1943—1.7.1991 (Gazette 6.6.1991 p1774) and except the repeal of Pt 9AA of the Health Act 1935—10.3.1995 (Gazette 8.12.1994 p1943) and except the repeal of the remainder of the Health Act 1935—15.5.1995 (Gazette 11.5.1995 p2135) 1991 7 Statutes Amendment (Water Resources) Act 1991 28.3.1991 15.7.1991 (Gazette 11.7.1991 p244) 1992 71 Statutes Amendment (Expiation of Offences) Act 1992 19.11.1992 1.3.1993 (Gazette 18.2.1993 p600) 1993 9 Public and Environmental Health (Review) Amendment Act 1993 25.3.1993 1.7.1993 (Gazette 1.7.1993 p196) 1996 14 Public and Environmental Health (Notification of Diseases) Amendment Act 1996 24.4.1996 1.8.1996 (Gazette 1.8.1996 p223) 2000 4 District Court (Administrative and Disciplinary Division) Amendment Act 2000 20.4.2000 Sch 1 (cl 34)—1.6.2000 (Gazette 18.5.2000 p2554) 2000 34 South Australian Health Commission (Administrative Arrangements) Amendment Act 2000 6.7.2000 Sch 1 (cl 13)—6.7.2000 (Gazette 6.7.2000 p5) 2008 3 Health Care Act 2008 13.3.2008 Sch 4 (cll 22—31)—1.7.2008 (Gazette 26.6.2008 p2563) 2009 29 Statutes Amendment (Public Health Incidents and Emergencies) Act 2009 25.6.2009 Pt 8 (ss 24—27)—25.6.2009 2009 84 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 124 (ss 283 & 284)—1.2.2010 (Gazette 28.1.2010 p320) 2011 21 South Australian Public Health Act 2011 16.6.2011 Sch 1 (cl 11)—23.2.2012 (Gazette 23.2.2012 p840) and 16.9.2012 (Gazette 30.8.2012 p3945)—see note about repeal of Act Provisions amended
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 s 3 s 3(1) the authority amended by 34/2000 Sch 1 cl 13(a) 6.7.2000 authorised officer amended by 34/2000 Sch 1 cl 13(b) 6.7.2000 Chief Executive inserted by 3/2008 Sch 4 cl 22(1) 1.7.2008 Chief Medical Officer inserted by 29/2009 s 24(1) 25.6.2009 child inserted by 9/1993 s 3(a) 1.7.1993 the Commission deleted by 3/2008 Sch 4 cl 22(2) 1.7.2008 the Department inserted by 34/2000 Sch 1 cl 13(c) 6.7.2000 emergency inserted by 29/2009 s 24(2) 25.6.2009 emergency officer inserted by 29/2009 s 24(2) 25.6.2009 notifiable disease substituted by 9/1993 s 3(b) 1.7.1993 public health emergency inserted by 29/2009 s 24(3) 25.6.2009 public health incident inserted by 29/2009 s 24(3) 25.6.2009 Public Health Emergency Management Plan inserted by 29/2009 s 24(3) 25.6.2009 recovery operations inserted by 29/2009 s 24(4) 25.6.2009 response operations inserted by 29/2009 s 24(5) 25.6.2009 State Co‑ordinator inserted by 29/2009 s 24(5) 25.6.2009 vermin inserted by 9/1993 s 3(c) 1.7.1993 waste control system inserted by 9/1993 s 3(c) 1.7.1993 Pt 2 Pt 2 Div 1 s 5 deleted by 34/2000 Sch 1 cl 13(d) 6.7.2000 s 6 s 6(a1) inserted by 34/2000 Sch 1 cl 13(e) 6.7.2000 s 6(1) substituted by 9/1993 s 4(a) 1.7.1993 amended by 3/2008 Sch 4 cl 23(1) 1.7.2008 s 6(1aa) inserted by 3/2008 Sch 4 cl 23(2) 1.7.2008 s 6(1a) inserted by 9/1993 s 4(a) 1.7.1993 s 6(2) amended by 9/1993 s 4(b) 1.7.1993 amended by 34/2000 Sch 1 cl 13(f) 6.7.2000 s 6(4) amended by 34/2000 Sch 1 cl 13(g) 6.7.2000 amended by 3/2008 Sch 4 cl 23(3) 1.7.2008 s 7 s 7(1)—(4) amended by 34/2000 Sch 1 cl 13(h) 6.7.2000 s 7A inserted by 29/2009 s 25 25.6.2009 deleted by 21/2011 Sch 1 cl 11(1) 16.9.2012 Pt 2 Div 2 before deletion by 21/2011 s 8 s 8(2) amended by 34/2000 Sch 1 cl 13(i), (j) 6.7.2000 s 9 s 9(2) deleted by 34/2000 Sch 1 cl 13(k) 6.7.2000 s 11 s 11(2) and (3) deleted by 84/2009 s 283 1.2.2010 s 12 s 12(1) amended by 3/2008 Sch 4 cl 24(1), (2) 1.7.2008 Pt 2 Div 2 deleted by 21/2011 Sch 1 cl 11(1) 23.2.2012 Pt 2 Div 3 inserted by 9/1993 s 5 1.7.1993 s 12A s 12A(1) amended by 34/2000 Sch 1 cl 13(l) 6.7.2000 s 12A(5) amended by 34/2000 Sch 1 cl 13(m) 6.7.2000 s 12A(8) amended by 34/2000 Sch 1 cl 13(n) 6.7.2000 s 12A(10) amended by 34/2000 Sch 1 cl 13(o) 6.7.2000 s 12A(12) amended by 34/2000 Sch 1 cl 13(p) 6.7.2000 Pt 3 Pt 3 Div 1 deleted by 9/1993 s 6 1.7.1993 Pt 3 Div 2 s 15 s 15(3) and (5) amended by 71/1992 s 3(1) (Sch) 1.3.1993 amended by 9/1993 s 18 1.7.1993 s 16 s 16(1) amended by 71/1992 s 3(1) (Sch) 1.3.1993 amended by 9/1993 s 18 1.7.1993 s 17 s 17(2) amended by 71/1992 s 3(1) (Sch) 1.3.1993 amended by 9/1993 s 18 1.7.1993 s 18 s 18(1) and (2) amended by 9/1993 s 18 1.7.1993 s 18(4) amended by 71/1992 s 3(1) (Sch) 1.3.1993 amended by 9/1993 s 18 1.7.1993 s 19 s 19(1) and (3) amended by 71/1992 s 3(1) (Sch) 1.3.1993 amended by 9/1993 s 18 1.7.1993 s 20 s 20(2) and (4) amended by 71/1992 s 3(1) (Sch) 1.3.1993 amended by 9/1993 s 18 1.7.1993 Pt 3 Div 3 s 21 s 21(1) and (3) amended by 9/1993 s 18 1.7.1993 s 21(5) inserted by 7/1991 s 6(a) 15.7.1991 s 22 s 22(1) substituted by 7/1991 s 6(b) 15.7.1991 s 22(2) amended by 9/1993 s 18 1.7.1993 Pt 3 Div 5 s 26 s 26(1) amended by 34/2000 Sch 1 cl 13(q), (r) 6.7.2000 s 29 s 29(1) amended by 4/2000 s 9(1) (Sch 1 cl 34(a)) 1.6.2000 s 29(1a) inserted by 9/1993 s 7 1.7.1993 amended by 4/2000 s 9(1) (Sch 1 cl 34(b)) 1.6.2000 s 29(2) deleted by 4/2000 s 9(1) (Sch 1 cl 34(c)) 1.6.2000 Pt 4 before deletion by 21/2011 s 30 s 30(1) amended by 71/1992 s 3(1) (Sch) 1.3.1993 amended by 9/1993 s 18 1.7.1993 amended by 14/1996 s 3(a), (b) 1.8.1996 amended by 34/2000 Sch 1 cl 13(s) 6.7.2000 s 30(2) and (3) amended by 34/2000 Sch 1 cl 13(s) 6.7.2000 s 30(4) substituted by 14/1996 s 3(c) 1.8.1996 amended by 34/2000 Sch 1 cl 13(s) 6.7.2000 s 30(5) amended by 14/1996 s 3(d) 1.8.1996 amended by 34/2000 Sch 1 cl 13(s) 6.7.2000 s 30(7) deleted by 14/1996 s 3(e) 1.8.1996 s 31 s 31(1) amended by 3/2008 Sch 4 cl 25(1) 1.7.2008 s 31(5) amended by 3/2008 Sch 4 cl 25(2) 1.7.2008 s 32 s 32(1) amended by 3/2008 Sch 4 cl 26(1) 1.7.2008 s 32(4) amended by 3/2008 Sch 4 cl 26(2) 1.7.2008 s 33 s 33(1) amended by 3/2008 Sch 4 cl 27(1) 1.7.2008 s 33(2) amended by 34/2000 Sch 1 cl 13(t) 6.7.2000 amended by 3/2008 Sch 4 cl 27(2) 1.7.2008 s 33(5) amended by 71/1992 s 3(1) (Sch) 1.3.1993 amended by 9/1993 s 18 1.7.1993 s 35 amended by 34/2000 Sch 1 cl 13(u) 6.7.2000 s 36 s 36(1) amended by 9/1993 s 8(a) 1.7.1993 amended by 3/2008 Sch 4 cl 28(1) 1.7.2008 s 36(3) amended by 71/1992 s 3(1) (Sch) 1.3.1993 amended by 9/1993 s 18 1.7.1993 s 36(5) amended by 3/2008 Sch 4 cl 28(2) 1.7.2008 s 36(6) amended by 3/2008 Sch 4 cl 28(3) 1.7.2008 s 36(7) amended by 3/2008 Sch 4 cl 28(4) 1.7.2008 s 36(9) amended by 9/1993 s 8(b) 1.7.1993 amended by 3/2008 Sch 4 cl 28(5) 1.7.2008 s 37 s 37(1) amended by 9/1993 s 18 1.7.1993 s 37(2)—(4) deleted by 9/1993 s 9 1.7.1993 Pt 4 deleted by 21/2011 Sch 1 cl 11(1) 16.9.2012 Pt 4A inserted by 29/2009 s 26 25.6.2009 deleted by 21/2011 Sch 1 cl 11(1) 16.9.2011 Pt 5 s 38 s 38(1) amended by 9/1993 s 10(a) 1.7.1993 s 38(2a) and (2b) inserted by 9/1993 s 10(b) 1.7.1993 s 38(4) amended by 9/1993 s 18 1.7.1993 s 40 before deletion by 84/2009 s 40(1) amended by 34/2000 Sch 1 cl 13(v) 6.7.2000 amended by 3/2008 Sch 4 cl 29 1.7.2008 s 40 deleted by 84/2009 s 284 1.2.2010 s 41 s 41(1) substituted by 34/2000 Sch 1 cl 13(w) 6.7.2000 amended by 3/2008 Sch 4 cl 30 1.7.2008 s 41(2) amended by 71/1992 s 3(1) (Sch) 1.3.1993 amended by 9/1993 s 18 1.7.1993 s 41(4) inserted by 9/1993 s 11 1.7.1993 s 42 amended by 9/1993 s 18 1.7.1993 s 42A inserted by 9/1993 s 12 1.7.1993 s 43A inserted by 9/1993 s 13 1.7.1993 s 44 s 44(2) amended by 34/2000 Sch 1 cl 13(x) 6.7.2000 s 44(3) amended by 34/2000 Sch 1 cl 13(y)—(za) 6.7.2000 s 45 s 45(1) substituted by 9/1993 s 14(a) 1.7.1993 s 45(1a) inserted by 9/1993 s 14(a) 1.7.1993 s 45(2) amended by 34/2000 Sch 1 cl 13(zb) 6.7.2000 s 45(2a) inserted by 9/1993 s 14(b) 1.7.1993 s 45(4) amended by 9/1993 s 18 1.7.1993 s 47 s 47(2) amended by 9/1993 ss 15(a)—(e), 18 1.7.1993 amended by 34/2000 Sch 1 cl 13(zc), (zd) 6.7.2000 amended by 3/2008 Sch 4 cl 31(1), (2) 1.7.2008 amended by 29/2009 s 27 25.6.2009 s 47(5) and (6) substituted by 9/1993 s 15(f) 1.7.1993 s 47(7) inserted by 9/1993 s 15(f) 1.7.1993 amended by 34/2000 Sch 1 cl 13(ze) 6.7.2000 amended by 3/2008 Sch 4 cl 31(3) 1.7.2008 s 47(8) inserted by 9/1993 s 15(f) 1.7.1993 Sch 1 substituted by 9/1993 s 16 1.7.1993 deleted by 21/2011 Sch 1 cl 11(1) 16.9.2012 Sch 2 substituted by 9/1993 s 17 1.7.1993 deleted by 21/2011 Sch 1 cl 11(1) 16.9.2012 Historical versions
Reprint No 1—15.11.1991 Reprint No 2—1.3.1993 Reprint No 3—1.7.1993 Reprint No 4—1.8.1996 Reprint No 5—1.6.2000 Reprint No 6—6.7.2000 1.7.2008 25.6.2009 1.2.2010 23.2.2012 Appendix—Divisional penalties and expiation fees
At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:
Division
Maximum imprisonment
Maximum fine
Expiation fee
1
15 years
$60 000
—
2
10 years
$40 000
—
3
7 years
$30 000
—
4
4 years
$15 000
—
5
2 years
$8 000
—
6
1 year
$4 000
$300
7
6 months
$2 000
$200
8
3 months
$1 000
$150
9
–
$500
$100
10
–
$200
$75
11
–
$100
$50
12
–
$50
$25
Note: This appendix is provided for convenience of reference only.
0
0
0