South Australian Consolidated Acts South Australian Consolidated Acts (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(but where powers are withdrawn from a local council and vested in the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.