Untitled document

Public Health and Wellbeing Amendment (Prescribed Accommodation) Regulations 2013

S.R. No. 137/2013

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3New regulation 17A inserted

17ACultural heritage significance exemption

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ENDNOTES

STATUTORY RULES 2013

S.R. No. 137/2013

Public Health and Wellbeing Act 2008

Public Health and Wellbeing Amendment (Prescribed Accommodation) Regulations 2013

The Governor in Council makes the following Regulations:

Dated: 6 November 2013

Responsible Minister:

DAVID DAVIS
Minister for Health

MATTHEW McBEATH

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Public Health and Wellbeing Regulations 2009 to provide an exemption from compliance with regulation 17(2) of those Regulations for proprietors of holiday camps in relation to certain buildings that are of cultural heritage significance.

2Authorising provisions

These Regulations are made under sections 232, 234 and 235 of the Public Health and Wellbeing Act 2008.

3New regulation 17A inserted

After regulation 17 of the Public Health and Wellbeing Regulations 2009[1] insert—

"17A   Cultural heritage significance exemption

(1)A proprietor of prescribed accommodation that is a holiday camp is exempted from compliance with regulation 17(2) in relation to a building situated on the premises of the holiday camp if—

(a)modification of the building to comply with the minimum bedroom size in regulation 17(2) is determined by the relevant Council to be inappropriate because the modification would compromise the building's cultural heritage significance; and

(b)the maximum period for which persons are accommodated in the building is 7 nights.

(2)For the purposes of subregulation (1)(a), a Council may determine a building to be of cultural heritage significance if—

(a)the building is subject to a heritage overlay in the planning scheme for which the relevant Council is the responsible authority within the meaning of the Planning and Environment Act 1987; or

(b)the building is included on the Heritage Register established under the Heritage Act 1995; or

(c)the building is included on the Commonwealth Heritage List or the National Heritage List established under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; or

(d)the Council has had regard to a heritage study that considers the building.

(3)In this regulation—

cultural heritage significance has the same meaning as in section 3 of Heritage Act 1995;

heritage study means a study or assessment undertaken in accordance with guidelines made by the Department of Transport, Planning and Local Infrastructure and published on its website or made by the Heritage Council established under the Heritage Act 1995.".

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ENDNOTES

[1] Reg. 3: S.R. No. 178/2009 as amended by S.R. Nos 79/2010, 57/2011, 72/2011 and 109/2013.