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122 of 1990
UNHEALTHY BUILDING LAND BILL 1990
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
This Bill is cognate with the Public Health Bill 1990.
The object of this Bill is to provide for:
(a) the declaration of certain land as unhealthy building land; and
(b) the giving of certificates as to whether or not land has been declared to be
unhealthy building land.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the proposed Act to commence on a day or days to be
appointed by proclamation.
Clause 3 defines "Cornmission" as the State Pollution Control Commission.
Clause 4 enables the Cornmission, after inquiry, to prepare a report stating its
opinion that erection of a building on particular land would be prejudicial to health.
Clause 5 provides for publication in the Gazette of a notice declaring specified
land the subject of such a report to be unhealthy building land and also provides for
the circumstances in which such a notice may be wholly or partially revoked.
Clause 6 prohibits the erection of a structure on unhealthy building land without
the approval of the Commission or in contravention of any condition imposed by the
Commission.
Clause 7 requires a public authority to notify the Commission if it approves a
subdivision of unhealthy building land.
Clause 8 provides for the inspection of records relating to unhealthy building land
and the giving of certificates as to whether or not specified land is unhealthy building
land.
Clause 10 provides for the manner of serving notices under the proposed Act.
Clause 11 excludes personal liability for acts done in good faith in executing the
proposed Act.
Clause 12 makes it an offence for a director of a corporation to knowingly
authorise or permit the corporation to commit an offence.
Clause 13 provides for offences under the proposed Act to be disposed of
summarily before a Magistrate.
Clause 14 is a transitional provision relating to notices issued under the Public
Health Act 1902.
Clause 15 enables regulations to be made for the purposes of the proposed Act.
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