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HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911


TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title and commencement
            
   3.      Terms used
            
   5.      Savings
            
   6.      Power to suspend operation of Act

   PART II -- Administration

           Division 1 -- The Minister, CEO and Chief Health Officer  

   7.      Minister
            
   8.      Minister to be body corporate
            
   12.     Powers of Chief Health Officer and authorised officers
            
   13A.    CEO and Chief Health Officer may delegate
            
   16.     Chief Health Officer may act where no local government
            
   17.     Expenditure to be paid out of appropriated moneys

           Division 2 -- Local governments  

   22.     Annexation
            
   25.     District may include water
            
   26.     Powers of local government
            
   35.     Proceedings on default of local government
            
   36.     Review of orders and decisions of local governments by SAT
            
   38.     Local governments to report annually

           Division 3 -- The exercise of ministerial control  

   39.     Powers of Minister

   PART III -- Financial  

   40.     Power to levy general health rate
            
   41.     Sanitary rate
            
   42.     Supplementary rates
            
   44.     Borrowing powers
            
   45.     Special loan rate
            
   46.     Application of rating provisions of Local Government Act 1995
            
   47.     Health rate to be regarded in determining borrowing powers
            
   48.     Time for giving notice of rate may be extended
            
   49.     Accounts and audit
            
   52.     Financial adjustment

   PART IV -- Sanitary provisions

           Division 1 -- Sewerage and drainage schemes  

   53.     Sewers vested in local government
            
   54.     Power of local government to construct and maintain sewers
            
   55.     Governor’s approval necessary to all schemes
            
   56.     Power to do acts preliminary to formulating scheme
            
   57.     Notice of plans and specifications
            
   58.     Objections
            
   59.     Copies of plans and specifications to be available for inspection
            
   60.     Conditions on which Minister may recommend scheme to Governor
            
   61.     Apportionment of costs and maintenance of joint schemes
            
   62.     Powers of local government in carrying out works
            
   63.     Recovery of cost of limited schemes from owners of premises served
            
   63A.    Interpretation
            
   64.     Agreements for recouping costs and paying maintenance in case of limited schemes
            
   65.     Power to acquire land
            
   66.     Duty of local government where street broken up
            
   67.     Interfering with works of other authorities
            
   68.     Alteration of sewerage works
            
   69.     Ventilating shafts etc. may be attached to walls and buildings
            
   70.     Maps of systems to be kept
            
   71.     Sewers to be kept cleansed

           Division 2 -- Connection of premises to drains and sewers of local government  

   72.     Owners or occupiers may be compelled to connect premises when works complete
            
   73.     Notice to owner or occupier to carry out installation of fittings
            
   74.     Where local government makes installations it may enter into agreements with persons responsible for payment of cost
            
   75.     Right of owner or occupier to connect drains with sewer
            
   76.     Owner or occupier of land outside district may connect sewer on conditions imposed by local government
            
   77.     Restrictions on construction or alteration of certain drains and fittings
            
   78.     Owner or occupier responsible for cleaning private drains
            
   79.     Obstructing or encroaching on sewers
            
   80.     Local government may enforce drainage of undrained houses
            
   81.     Owner may be required to connect premises with public sewer
            
   82.     Buildings without drains
            
   82A.    Where local government makes connections with sewers it may enter into agreement with person responsible for payment of cost
            
   83.     Making sewers and drains under private land
            
   84.     Recovery of expenses incurred by local government
            
   85.     Dwelling-houses on low lying land
            
   86.     Filling up low lying land
            
   87.     Stagnant water holes
            
   88.     Stagnant water in cellars etc.
            
   89.     Paving and asphalting of cellars
            
   90.     Brickmaking and other excavations to be fenced
            
   91.     Storm water to be allowed its natural channel
            
   92.     Unauthorised building over sewers and under streets
            
   93.     Injurious matter not to pass into sewers
            
   94.     Chemical refuse, steam etc. not to be turned into sewers

           Division 3 -- Disposal of sewage  

   95.     Disposing of sewage
            
   96.     Communication of sewers with sewers of adjoining district
            
   97.     Dealing with land appropriated to sewage purposes
            
   98.     Punishment for placing sewage in streets etc.

           Division 4 -- Sanitary conveniences  

   99.     Houses to have sanitary conveniences
            
   100.    Provision of apparatus for treatment of sewage
            
   101.    Sanitary conveniences for workshops etc.
            
   102.    Sanitary conveniences in connection with works
            
   103.    Persons to carry out sanitary work in certain cases
            
   104.    Earth-closets
            
   105.    Public sanitary conveniences
            
   106.    Power to make pan charges
            
   107.    Drains, privies etc. to be properly kept
            
   107A.   Articles in use in construction or operation of sewers etc. to be of prescribed standard
            
   108.    Examination of drains etc.
            
   109.    Local government may require filling up of certain cesspools
            
   110.    New cesspools for nightsoil forbidden
            
   111.    Local government may supply receptacles

           Division 5 -- Scavenging, cleansing, etc.  

   112.    Local government to provide for removal of refuse and cleansing works
            
   113.    Power of contractor to recover
            
   114.    Obstruction or hindrance of certain works penalised
            
   116.    Procedure when local government undertakes work
            
   117.    Cleansing common courts and passages
            
   119.    Reserves for deposit of sewage, rubbish or refuse
            
   120.    Power to close depots
            
   121.    Building on sanitary depots
            
   122.    Provision for obtaining order for cleansing offensive watercourse or ditch on boundaries of districts
            
   123.    Access to sanitary reserves

           Division 7 -- Pollution of water  

   129.    Pollution of water supply
            
   130.    Riparian rights
            
   131.    Sources of water supply may be closed
            
   132.    Power to seize and destroy pigs etc. trespassing on rivers etc.

           Division 8 -- Morgues  

   133.    Local government may license morgues

           Division 9 -- Local laws  

   134.    Purposes for which local laws may be made

   PART V -- Dwellings

           Division 1 -- Houses unfit for occupation  

   135.    Dwellings unfit for habitation
            
   136.    Such house not to be let or occupied
            
   137.    Condemned building to be amended or removed
            
   138.    Land to be cleaned up after removal of house or building therefrom
            
   139.    Owner may be required to clean or repair house
            
   140.    Local government may act in default of owner
            
   141.    Penalty for erecting buildings on ground filled up with offensive matter
            
   142.    Occupying cellar dwellings
            
   143.    Plans of buildings to be submitted to local government
            
   144.    Building not erected as dwelling not to be converted into one
            
   145.    Authorised officer may order house or things to be cleansed

           Division 2 -- Lodging-houses  

   146.    Registers of lodging-houses
            
   147.    Registration
            
   148.    Conditions of registration
            
   149.    Notice of registration to be affixed
            
   150.    Supply of water
            
   151.    Cleansing of walls etc.
            
   152.    Notification of disease
            
   153.    Inspection
            
   154.    Offences by keepers
            
   155.    Conviction for third offence
            
   156.    Lodging-house keepers to report deaths
            
   157.    Register of lodgers to be kept
            
   158.    Local laws in respect of lodging-house
            
   159.    Evidence as to family in proceedings

   PART VI -- Public buildings  

   173.    Terms used
            
   174.    Application to Crown
            
   175.    Relationship to other laws
            
   175A.   Chief Health Officer may act in relation to major event
            
   176.    Approval of plans
            
   177.    Approval
            
   178.    Certificate of approval
            
   179.    Inspection and control of public buildings
            
   180.    Regulations

   PART VII -- Nuisances and offensive trades

           Division 1 -- Nuisances  

   181.    Removal of offensive matter
            
   182.    Definition of nuisances
            
   182A.   Regulations as to section 182(13)
            
           183. Immediate action in respect of nuisances
            
   184.    Mode of dealing with nuisances
            
   185.    Proceedings when nuisance caused by default outside district

           Division 2 -- Offensive trades  

   186.    Term used: offensive trade
            
   187.    Consent necessary for establishing offensive trade
            
   188.    Penalty for breach
            
   189.    Penalty for illegally carrying on offensive trade
            
   190.    Local laws regulating offensive trades
            
   191.    Offensive trades to be registered
            
   192.    Local government may refuse to register or to renew registration
            
   193.    Power to restrict offensive trades to certain portions of proclaimed areas
            
   194.    Offensive trades
            
   195.    Construction, drainage and equipment of slaughter-houses
            
   196.    Slaughter-houses to be kept in accordance with Act
            
   197.    No swine, dog or poultry to be kept at slaughter-house
            
   198.    Swine not to be fed on raw offal etc.

           Division 3 -- Local laws  

   199.    Local laws in respect of nuisances and offensive trades
            
   200.    Regulations as to medical examinations for persons in prescribed industries

   PART VIIA -- Pesticides

           Division 1 -- Registration of analysts  

   203.    Registration of analysts

           Division 8 -- Pesticides  

   246.    Term used: Pesticides Advisory Committee
            
   246A.   Crown bound, but Health Practitioner Regulation National Law (Western Australia) and Medicines and Poisons Act 2014 not affected by Division
            
   246B.   Pesticides Advisory Committee
            
   246BA.  General powers of Pesticides Advisory Committee
            
   246C.   Regulations relating to pesticides

   PART VIIIA -- Analytical services  

   247AA.  Terms used
            
   247A.   Local Health Authorities Analytical Committee
            
   247BA.  Term of office and vacation of office
            
   247B.   Meetings and procedure of Analytical Committee
            
   247C.   Powers and functions of Analytical Committee
            
   247D.   Participation in scheme by local governments
            
   247E.   Application of Financial Management Act 2006 and Auditor General Act 2006
            
   247F.   Regulations as to Part VIIIA

   PART IX -- Infectious diseases

           Division 1 -- General provisions  

   249.    Local laws to prevent spread of infectious disease

   PART IXA -- Prevention and alleviation of certain non-infectious disease processes and physical or functional abnormalities  

   289A.   Objects of this Part
            
   289B.   Term used: prescribed condition of health
            
   289C.   Regulation as to Part IXA
            
   289D.   Powers conferred by this Part are cumulative

   PART XII -- Hospitals

           Division 1 -- Public hospital  

   324.    Local governments may establish or subsidise hospitals
            
   324A.   Power for CEO to enter into agreement for establishment of maternal and health centres and provide nursing staff etc.

   PART XIIA -- Community health centres, etc.  

   330A.   Land may be acquired or leased for community health centres
            
   330B.   Local governments may subsidise certain medical centres

   PART XIII -- Child health and preventive medicine  

   331.    Terms used
            
   333.    Regulations
            
   334.     Performance of abortions
            
   335.    Reports to be furnished
            
   336.    Death of woman as result of pregnancy or childbirth to be reported to Chief Health Officer
            
   336A.   Certain deaths of children to be reported to Chief Health Officer
            
   336B.   Death of persons under anaesthetic to be reported to Chief Health Officer
            
   337.    Examination of school children
            
   337A.   Schools dental service

   PART XIIIA -- Maternal Mortality Committee  

   340A.   Terms used
            
   340B.   Constitution and offices of Committee
            
   340C.   Appointment of deputies
            
   340D.   Nominations to be made to Minister
            
   340E.   Tenure of office
            
   340F.   When office of member becomes vacant
            
   340G.   Vacancies in offices of members to be filled
            
   340H.   Meetings and procedure of Committee
            
   340I.   Reimbursement of expenses of members of Committee
            
   340J.   Appointment of investigator
            
   340K.   Functions of Committee
            
   340LA.  Further provisions relating to proceedings of Committee
            
   340LB.  Contents of notification confidential
            
   340L.   When report of investigator may be published
            
   340M.   Information given for research not to be disclosed

   PART XIIIB -- Perinatal and Infant Mortality Committee  

   340AA.  Terms used
            
   340AB.  Constitution and offices of Committee
            
   340AC.  Appointment of deputies
            
   340AD.  Nominations to be made to Minister
            
   340AE.  Tenure of office
            
   340AF.  When office of member becomes vacant
            
   340AG.  Vacancies in offices of members to be filled
            
   340AH.  Meetings and procedure of Committee
            
   340AI.  Reimbursement of expenses of members
            
   340AJ.  Appointment of investigator
            
   340AK.  Functions of Committee
            
   340ALA. Further provisions relating to proceedings of Committee
            
   340ALB. Contents of notification confidential
            
   340AL.  When report may be published
            
   340AM.  Information for research not to be disclosed

   PART XIIIC -- Anaesthetic Mortality Committee  

   340BA.  Terms used
            
   340BB.  Constitution and offices of Committee
            
   340BC.  Appointment of deputies
            
   340BD.  Nominations to be made to Minister
            
   340BE.  Tenure of office
            
   340BF.  When office of member becomes vacant
            
   340BG.  Vacancies in offices of members to be filled
            
   340BH.  Meetings and procedure of Committee
            
   340BI.  Reimbursement of expenses of members
            
   340BJ.  Appointment of investigator
            
   340BK.  Functions of Committee
            
   340BLA. Further provisions relating to proceedings of Committee
            
   340BLB. Contents of notification confidential
            
   340BL.  When report may be published
            
   340BM.  Information for research not to be disclosed

   PART XIV -- Regulations and local laws  

   341.    Regulations
            
   342.     Local laws
            
   343.    Model local laws
            
   343A.   Regulations to operate as local laws
            
   343B.   Governor may amend or repeal local laws
            
   344.    Penalties, fees etc.
            
   344A.   Incorporation by reference
            
   344B.   Evidence of contents of standard etc. adopted
            
   344C.   Fees and charges may be fixed by resolution
            
   345.    Regulations to be confirmed
            
   348.    Evidence of local laws
            
   348A.   Proclamations etc. may be revoked or varied

   PART XV -- Miscellaneous provisions  

   349.    Entry
            
   350.    Vessels
            
   351.    Obstructing execution of Act
            
   352.    Duty of police officers and authorised officers
            
   353.    Power to take possession of and lease land or premises on which expenses are due
            
   354.    Service of notice
            
   355.    Continued operation of notices and orders
            
   356.    Proof of ownership
            
   357.    Power to suspend or cancel licences
            
   358.    Prosecution of offences
            
   359.    No abatement
            
   360.    Penalties
            
   361.    General penalty
            
   362.    Proceedings for offence
            
   365.    Protection against personal liability
            
   366.    No officer to be concerned in contract
            
   367.    Recovery of expenses from local government
            
   368.    Contribution
            
   369.    Liability of owner and occupier under requisition or order
            
   370.    Penalty if owner or occupier hinders the other
            
   371.    Money owing to local government to be charge against land in certain cases
            
   372.    Provisions as to charge on land or premises
            
   373.    References to owner and occupier
            
   374.    Appearance of local governments in legal proceedings
            
   375.    Power to inspect register of births and deaths
            
   376.    Authentication of documents
            
   377.    Evidence
            
   378.    Regulations and local laws to be judicially noticed
            
   379.    Transitional provisions for Public Health (Consequential Provisions) Act 2016
           SCHEDULE 2
           SCHEDULE 5
           SCHEDULE 6 -- Transitional provisions for Public Health (Consequential Provisions) Act 2016  


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