Public Health (General Sanitation) Regulations (ACT)

THE TEERITOKY FOR THE SEAT OF

GOVERNMENT,

FEDERAL CAPITAL COMMISSION.

EEGULATIONS UNDER THE PUBLIC HEALTH ORDINANCE

1928. No. 1.

PURSUANT to the powers conferred upon it by the Public Health	Ordinance 1928, the Federal Capital Commission, appointed
under the Seat of Government (Administration)	Act 1924-1928,

hereby makes the following Eegulations to come into operation

on the date fixed for the commencement of the Ordinance.

Dated this Thirtieth day of November, 1929.

The common seal of the Eederal Capital Commission

was hereunto duly affixed in the presence of—

(L.S.)

B. CEOSBIE GOOLD, Commissioner.

C. S. DALEY, Secretary.

PUBLIC HEALTH (GENERAL SANITATION) REGULATIONS.

PAST I.—^PEELIMIKABT.

1. These Regulations may be cited as the Public Health (General sbortutit.

Sanitation) Regulations.

These Regulations- are divided into Par t s as follows:—

PART	I .—Preliminary.
PAKT	II .—Sanitat ion.

PART I I I .—San i t a ry Conveniences.

P A E T IV.—Miscellaneous.

Definitions. In these Regulations, unless the contrary intention appears—
" Approved " means approved by the Medical Officer of Hea l th ;
"Authorized officer" means any officer or employee of the

Commission thereto authorized by the Commission;

" Chemical closet" means a closet in which, or in connexion with. which, there is a fixed or movable receptacle of watertight material containing a chemical which effectively and continuously maintains in a sterile and inodorous condition all excreta deposited therein;

" Closet" means any structure whatsoever used for the purpose of

or in connexion with the reception of excreta;

" Domestic bird " includes any fowl, duck, goose, turkey, guinea

fowl and pigeon;

" Night-soi l" includes all human excrementitious or faecal matter, human urine and matters mixed with them, or either of them;
" Occupier" includes the person having the charge, manage- ment or control of premises or land, and in the case of a house which is let out in separate tenements, or in the case of a lodging-house which is let to lodgers, the person receiving the rent payable by the tenants or lodgers, either on his own account or as the agent of another person, and also includes any person in occupation of the surface of any land of the Commission, notwithstanding any want or defect of title to occupy the land;

" Owner ".means the owner, whether jointly, or severally of any premises or land, or the authorized agent, manager or superintendent of the owner, and in the case of mortgaged premises both the mortgagor and the mortgagee, and includes a lessee;

" Premises " includes all buildings and structures and any lands

within the curtilage thereof;

" Public place " means public road or any other place which the

public are entitled to use;

" Public r o a d " means any road which the public are entitled

to use;

" Refuse" means dung, offal, garbage, dead animals, or any matter which is unwholesome or from which any offensive odour arises;

" Sanitary conveniences" means water-closets, earth closets,

privies and receptacles for the disposal of night-soil, and

includes ur inals ;

" Septic tank " means any tank or series of tanks through which sewage is passed, and in which it is detained for the purposes of sedimentation, disintegration or digestion;

" the sewerage system " means the sewerage system provided by " the City Area " means the City Area as defined in the City Area Leases Ordinance 1924-1929; , or under the authority of the Commission;

" to dispose of ", in relation to a dead animal, means effectively to burn, bury to a depth of at least three feet, or otherwise to remove by such other method as is approved by the Com- mission.

PART I I . — S A N I T A T I O N .

Conveyance of

refuse.	4. A person shall not convey any refuse, or cause any refuse to be conveyed through, in or upon any public place except in a vehicle or receptacle properly covered to the satisfaction of the Medical Officer of Health, or, if the refuse is moist or contains any liquid, except in an approved ?ocered watertight vehicle or receptacle so constructed as to prevent the escape of the contents thereof.
Carriage of food
In vehicle or	5. A person shall not place, carry or have in or upon any vehicle

receptacle	or receptr"-1	hick contains refuse, or which has contained refuse and
containing

refuse. has not since been thoroughly purified, any food for human consump- tion, or any receptacle used for the reception or carriage of any such food.

6. (1) A person shall not, without the written permission of the Keeping oj

Commission, keep or permit any animal, other than a cat or dog, to be domeaHc'bWi.
kept within a distance of forty feet from any dwelling house, dairy,
hospital, or school building.

(2) The owner of any land where animals are kept shall, when so required by the Commission, provide such stabling or other accom- modation for those animals as the Commission thinks suitable.

(3) I n the City Area a person shall not, without the written permis- sion of the Commission, keep, or cause or permit to be kept, any domestic birds, except in securely fenced yards or runs having an area of not less than two hundred square feet and so fenced as to prevent their escape:

Provided that if more than ten birds are kept at any one time, then for every five birds in excess of that number there shall be an additional space of one hundred square feet.

(4) Every such yard or run shall be a clear twenty-five feet from any dwelling house, dairy, hospital, or school building, and the Com- mission may, upon reasonable notice to the occupier of any property on which the yard or run is situated, require the occupier to remove or alter the yard or run so that no par t thereof shall be within twenty-five feet of any dwelling house, dairy, hospital or school building.

(5) A house, shelter or erection for the keeping of any domestic birds shall not be erected or placed within twenty-five feet of any dwelling house, dairy, hospital or school building.

(6) The occupier of any property on which any animal or domestic bird is kept or housed, shall cause the place of keeping to be thoroughly cleansed from time to time, as often as is necessary for the purpose of keeping the place in a clean, wholesome and sanitary state and con- dition.

(7) Any animal or bird which develops any contagious or infectious disease injurious to human beings, shall be forthwith destroyed or caused to be destroyed by the person keeping the animal or bird or causing or permitt ing the animal or bird to be kep t :

Provided that, when a dog is affected with the hydatid disease parasite, it shall be considered sufficient compliance with this sub- regulation when curative treatment, to the satisfaction of the Medical Officer of Health, has been applied to the dog.

7. The owner or occupier of any premises or land shall not keep, Keeping

or permit or suffer to remain, on the premises or land, any matter n^ardweiung4"
whatsoever which is unwholesome or from which an offensive smell h°"«e.
arises, or any matter or thing in such a condition, or used or kept in

such a manner as to be dangerous, injurious or prejudicial to health.

shall, within one month after the service upon him of a notice by the of 8ta M" .8 . The owner of any stable, cow-yard, horse-yard or cattle-shed Drain™?, &<;.,

Commission, requiring him so to do—

(a) if the stable, yard or shed has not a floor impervious to
water and rats , cause the stable, yard or shed to be
sufficiently paved, flagged or floored with stone, concrete or other material impervious to water and ra t s ; or

(6) if the stable, yard or shed is not sufficiently drained, cause it to be so drained and to have proper sewer connexions where practicable.

9. (1) The occupier or owner of any premises or land which contains cimruiJlg0[ a stable, horse-yard, cow-yard or cattle-shed, shall provide an approved "tables. &e. "box or bin for the reception of al l .dung or refuse in the stable, yard

or shed, and shall, if the stable, yard or shed is used as such, cause it
to be cleansed daily.

(2) The occupier of the premises or land shall cause all such dung or refuse to be disposed of in accordance with the directions of the Medical Officer of Health, and in such a manner as to prevent the breeding of flies, and, if not removed immediately, to be placed in the box or bin provided in pursuance of the last preceding sub-regulation.

(3) The occupier of the premises or land shall cause the box or bin provided in pursuance of sub-regulation (1) of this regulation to be kept covered, and, if used, to be emptied and cleansed once at least in each week, or at more frequent intervals if the Medical Officer of Health so requires, and shall not at any time allow flies to breed in the box or bin or allow the box or bin to become insanitary.

Keeping of	10. (1) The occupier of any premises or land shall not keep any swine or deposit any swine's dung in such a situation thereon or in such a manner as to pollute any water supplied for use, or used or likely to be used by man for drinking or domestic purposes, or used or likely to be used in any dairy.
•wine.
(2) The occupier of any premises or land shall not keep swine or deposit swine's dung thereon within a distance of two hundred feet, or such other distance as the Medical Officer of Health deems proper, from any dwelling-house, hospital, dairy, shop, office, factory, workshop, school building or public place.
(3) A person shall not, without the permission of the Commission (proof whereof shall lie upon the person accused), keep any swine in the City Area.
Premises to be	11. (1) The occupier, or, where there is no occupier, the owner of any premises or land, shall keep the premises or land, as the case may be, and all cellars, stables, sheds, out-buildings and sanitary conveniences belonging to the premises or in the curtilage thereof in a cleanly condition and free from any accumulation of decomposing organic fluid or solid matter or stagnant water, and shall, when required in writing by the Medical Officer of Heal th or an authorized officer, carry out to the satisfaction of the Medical Officer of Heal th or authorized officer, within the time specified in the requisition, such cleansing operations as are specified in the requisition:
kept ciean.
Provided that nothing in this sub-regulation shall prevent the occupier of the premises or land from storing garden manure thereon in pursuance of and subject to the conditions of a permit issued by the Medical Officer of Heal th.
(2) If the occupier or owner (as the case may be) has not at the expiration of the time specified in the requisition caused the cleansing operations to be carried out, the Medical Officer of Heal th or authorized officer may carry out the operations and recover the cost thereof from the occupier or owner (as the case may be)T in any court of competent jurisdiction.
Overcrowding	12. Where, in the opinion of the Medical Officer of Heal th, any dwelling-house is so overcrowded as to be dangerous to the health of the inmates, the occupier of the house shall, within such time as is specified in an order in writing of the Medical Officer of Heal th served upon the occupier, abate the overcrowding to the extent specified in the order.
ol dwelling,
house.
Bats and	13. The occupier or, if there is no occupier, the owner of any premises upon which conditions favourable to the breeding and existence of rats, mice, flies, mosquitoes or other vermin exist, shall, within such time as is specified in an order in writing of the Medical Officer of Health, served upon the occupier or owner, as the case may be, remove those conditions.
vermin.
Structural	14. Where, in the opinion of the Medical Officer of Health, insanitary conditions exist on any premises by reason of any structural defect in the premises, the owner of the premises shall, within such time as is specified in an order of the Medical Officer of Heal th served upon the owner, repair the defect.
defects.
Premises unfit	15. Where, in the opinion of the Medical Officer of Heal th , any building used as a dwelling-house is in such a condition as to be dangerous to the health of the inmates, the Medical Officer of Heal th may, by order in writing served on the inmates and the owner, respec- tively, require the inmates to leave the building and the owner to cease using the building as a dwelling-house, and the inmates and the lessee shall comply with the order accordingly within the time specified in the order.
for human
habitation.
D'poslt of	16. A person shall not throw, cast or lay, or cause to be thrown, cast or laid, in or upon any public place, any refuse, soot, ashes, rubbish, broken glass, night-soil, blood, filth, paper or rags, or any offensive, noxious or dangerous matter or thing.
rubbish on
public places.
Disposal of	17. I f any animal dies in any public place or on any unleased land of the Commonwealth or of the Commission, the owner of the animal shall cause it to be immediately disposed of, and where any animal dies on any other land, the occupier of such land shall so dispose of the carcase:
dead animals.
Provided that, where, in the opinion of an officer of the Commission, i t is necessary or desirable in the interests of public health or con- venience, the Commission may cause the dead animal to be disposed of, and the owner of the dead animal shall, on demand, pay to the Com- mission the amount fixed by the Commission as the cost incurred by the Commission in the disposal of the dead animal.

18. A person shall not, without the permission first obtained of the DIIPOMI of Medical Officer of Hea l th , except at a night-soil depot or refuse depot or^ina*! established by the Commission or a t any other place authorized by the

Commission, and on payment of the charges (if any) fixed by the
Commission, deposit a t any place any night-soil or refuse.

19. (1) A person shall not cast or place any dead animal, or any protection of animal with intent of drowning the animal, into any watercourse, sewer, j^-rauraai waterhole, river, creek, storm-water drain or channel, canal or surface

gutter.

(2) The occupier or, if there is no occupier, the owner of any premises shall not suffer filth of any kind or any offensive matter to issue from the premises into any public place or into any watercourse, waterhole, river, creek, storm-water drain or channel, canal or surface gutter.

(3) The occupier or, if there is no occupier, the owner of any premises shall not, without the permission of the Commission, sutler any impure water to issue from the premises into any public place, or suffer or cause, by means of pipes, chutes, channels, or other con- trivances, impure water to flow from the premises into any watercourse, waterhole, river, creek, storm-water drain or channel, canal or surface gutter.

(4) Where any animal dies in or upon the banks of any water- course, waterhole, river, creek, storm-water drain or channel, canal or surface gutter, the owner or person in charge of the animal shall forthwith upon the fact becoming known to him, remove the carcase and so dispose of it as to prevent the danger of any pollution of tho watercourse, waterhole, river, creek, storm-water drain or channel, canal or surface gutter.

(5) Where an animal becomes bogged or caught on the banks of or in the waters of any watercourse, waterhole, river, creek, storm-water drain or channel, or canal or surface gutter, the owner or person in charge shall forthwith remove the animal.

or cause to be thrown, cast or placed in any reservoir, dam or water water '"M1^ 20. A person shall not bathe, wash or dip, or throw, cast or place, protection of

channel of the Canberra water supply system, any rubbish, earth, stone,

glass, paper or offensive mat ter , or any animal or thing whatsoever.

2 1 . A person shall not Protection of

( a ) break or damage, or remove any pa r t of, any drinking fountain.

foun ta in ; or

(&) wash at a dr inking fountain or place in or on any drinking

founta in any offensive or obnoxious substance.

22. (1) A person camping or picnicking in any place shall not sanitation in

deposit any rubbish or organic refuse upon the ground. with ramping

(2) Any such person shall bury under at least eight inches of soil, mad Plcnl<:kiI,«-

or effectively burn, any rubbish or organic refuse result ing from the
camp or picnic.

(3) Any such person shall, if he is not within reasonable walking distance of a public sanitary convenience, bury, or cause to be buried, at least one hundred feet from any waterhole, creek, stream or any collection of standing or running water, all faecal matter and urine

evacuated by him.

(4) The owner or occupier of any camp shall carry out such instructions with respect to the sanitary conditions and cleanliness of the camp as are given by the Medical Officer of Health or an authorized officer.

2 3 . Where any stable, cow-yard, horse-yard, fowl-yard or pigsty, or Abatement of

a n y enclosure, place or th ing becomes insani tary, the Medical Officer j J ^ u S J .

of Hea l th m a y by notice in wr i t ing direct the owner or occupier of the premises in which the stable, pigsty, enclosure, place of th ing is situated to abate the insani tary condition within seven days after service of the notice, and the owner or occupier shall abate the insani tary condition accordingly.

P A S T I I I . — S A N I T A R Y CONVENIENCES.

24. The owner of every premises or of any occupied land shall install sanitary

thereon approved sanitary conveniences of such size and in such a to"b« SnitaSed.

situation as the Commission thinks suitable.

25. A building or other work requiring the assembly of a number of Temporary

employees shall not be commenced until sanitary accommodation accommodation,
sufficient and suitable to the use of the employees and in accordance
with these Eegulations, has been provided.

smitary

26. Where the sanitary conveniences on any premises or occupied

chemical closet, or such other method as the Commission approves
shall he employed for the reception and disposal of night-soil.

""̂ connected

land are not connected with the sewerage system, they shall be connected

system""38*

w i t h an approved septic tank installation or shall consist of an approved

insuiintion oi 27. (1) The owner or occupier of any premises or land shall, before chemiadctoBoti! commencing the installation of a septic tank or chemical closet on the

premises, make application in writing to the Commission to make the

installation.

(2) The application shall he accompanied—

(a) in the case of a septic tank, by—

( i ) complete plans and specifications of the proposed

work and connexions thereto;

( i i) a block plan, to scale, of the premises and of the adjoining premises, public ways or places on which the proposed position of the septic tank and all connexions thereto are clearly shown;

(iii) a statement of the manner in which it is proposed

to dispose of the effluent waters; and

(iv) a statement of the number of persons residing or

likely to reside on the premises; and"

(b) in the case of a chemical closet, by—

(i) an illustration or sketch of the proposed type;

(ii) a block plan, to scale, of the premises showing the

proposed position of the closet;

(i i i) a statement of the method in which it is proposed

to dispose of the contents; and

( iv) a statement of the number of persons residing or

likely to reside on the premises.

(3) The Commission, after consideration of the application and such particulars in addition as the Commission may require the owner or occupier to furnish, may grant or refuse permission to make the installation.

. (4) The owner, occupier or any other person shall not, without the permission of the Commission, erect any closet or install any septic tank or chemical closet, or alter the construction of an existing closet or septic tank.

Desiudging	28. (1) The Commission may, by notice published in the Gazette,
o ŝeptic tanki, declare	a n y p a r t 0f th e Territory outside the area in which the sewerage

system is provided to be a scavenging district in which all work in connexion with the desludging of septic tanks, and the emptying, cleansing and recharging of chemical closets will be performed by, or under the direction of, the Commission.

(2) The occupier of the land served by any such tank or closet shall pay to the Commission; on demand, the amount fixed by the Commissiou as the cost incurred by the Commission in the desludging, emptying, cleansing or recharging.

(3) The occupier of any land in a scavenging district shall not desludge or cause to be desludged by any unauthorized person any septic tank, nor shall he empty, cleanse or refill, or cause to be emptied, cleansed or refilled, any chemical closet installed on the land, unless and

until the consent thereto in writing of the Commission has been	obtained.
(4) "When that consent has been given or where land is not situated in a scavenging district, the occupier of the land shall, subject to the provisions of this regulation, desludge the septic tank or empty, cleanse or refill the chemical closet.
(5) The times at which septic tanks shall be desludged or chemical closets shall be emptied, cleansed or refilled shall be determined by the Commission in writing, and the occupier of the land shall dispose of all sludge or chemical closet contents in such places and in such manner as the Commission in writing directs.

conditions of 29. The provisions of the Canberra Sewerage and "Water Supply

installation of Regulations shall, so far as applicable, apply to the installation of water- connecting uith closets discharging to septic tanks and to the installation of chemical

septic tank., &o.	c l o s e ( . s .
Provided that a closet (other than a water-closet) shall not be installed so that it is in or entered directly from any room used for. the purpose of human habitation or for the manufacture, preparation or storing of food for man, or used as a factory, workshop or work- place.
at least three inches in diameter communicating directly -with the chemlcs,doaet*- 30. A chemical closet shall be directly ventilated by a ventilation pipe ventilation of
outer air.

31. All connexions with a septic tank shall be carried out in t̂n,{1"11??

tanks."* system.

accordance with the provisions of the Canberra Sewerage and Water ""

32. The owner of any premises upon which there is any closet which ciosetnotin

is not in accordance with the provisions of these Regulations shall, R^Hiauow?
when required by the Commission, alter, demolish or remove the closet

and provide a closet which is in accordance therewith.

33. Where, in the opinion of the Medical Officer of Health, it is Alterations to • r% • * » CO D TCP LCPCC3

necessary in the interests of health and decency that any existing &c.
sanitary convenience or septic tank should be repaired, reconstructed or
removed, the occupier or, if there is no occupier, the owner of the
premises or land on which the convenience or septic tank is situated shall,
on receipt of a notice in writing from lae Medical Officer of Health
requiring him to do so, forthwith cease using the convenience or septic
tank, and within such time as is specified in the notice, carry out such
alterations or repairs as the Medical Officer of Health specifies, or
remove the convenience or septic tank or fill in any cesspit, and any

gutter or drain connected therewith.

PABT IV.—MISCELLANEOUS.

Regulations shall be deemed to have been duly effected if the notice, noUce3' *c- 34. Service of any notice, requisition, direction or order under these Service of

requisition, direction or order or a true copy thereof is—

(a) delivered to the person to whom it is directed, personally; (b) delivered to a person apparently over the age of sixteen

years on, and apparently an occupant of, the premises of which the person to whom it is directed is the occupier or an inmate;

(c) affixed in a prominent position on the premises to which it

relates; or

(d) posted by prepaid registered post to the person to whom it is • directed at his last known place of abode.

35. Any person who contravenes or fails to comply with any pro- penaltv ,or

vision of these Regulations shall be guilty of a breach of these breaches. other penalty is provided by these Regulations) to a penalty not

exceeding Fifty pounds, or, where the breach is constituted by a failure
to comply with' any notice, requisition, direction or order lawfully

given under these Regulations, to a penalty not exceeding One pound for each day during which the breach continues, unless it is proved that all due diligence has been used to comply with the notice, requisition, direction or order.