South Australian Consolidated Acts South Australian Consolidated Acts (1) The Governor may
make such regulations as are contemplated by this Act or as are necessary or
expedient for the purposes of this Act.
(2) Without limiting
the generality of subsection (1), those regulations may—
(a)
provide for the removal or destruction of any object or substance that creates
a risk to public health;
(b)
prohibit, restrict or regulate the manufacture, possession or use of
substances that may create a risk to public health;
(c)
prohibit or restrict the construction of premises that may create a risk to
public health;
(d)
prohibit or regulate the keeping of animals of a particular class;
(e)
authorise or require the taking of specified measures to prevent the
occurrence or spread of any notifiable disease;
(f)
require the furnishing of reports to the Chief Executive relating to
notifiable diseases;
(fa)
provide for such matters as are necessary in consequence of conditions
directly or indirectly caused by an emergency declared to be a public
health incident or public health emergency under this Act;
(g)
regulate the construction, installation, maintenance and operation, and
provide for the inspection, of swimming pools, spa pools, waterslides, wave
pools or any other similar structure designed for human use;
(h)
prescribe standards that must be observed in relation to the installation and
operation of waste control systems;
(ha)
regulate the construction, installation, maintenance, alteration and operation
of waste control systems;
(hb)
provide for the inspection and testing of waste control systems;
(hc)
require the provision of technical reports or other forms of information in
relation to any waste control system, or any proposed waste control system;
(i)
provide for the provision of returns and information to
the Minister, the Chief Executive or the Council by prescribed persons or
persons of prescribed classes;
(j) on
the recommendation of the Council, prescribe guidelines to assist
local councils in the administration of this Act;
(k)
prescribe fees and expenses in connection with any matter arising under this
Act, which may be of varying amounts according to factors prescribed in the
regulations or determined by the Minister from time to time and published in
the Gazette;
(ka)
provide for the payment and recovery of prescribed fees and expenses;
(kb)
empower or require the Minister or local council to refund, reduce or remit
any fee payable under this Act;
(l)
prescribe forms for the purposes of this Act;
(la)
regulate the requirements and prescribe information that must be provided in
connection with any application made for the purposes of this Act;
(m)
exempt, either absolutely or subject to prescribed conditions or
limitations—
(i)
persons or classes of persons;
(ii)
areas of the State,
from this Act or specified provisions of this Act;
(n)
prescribe penalties not exceeding a division 6 fine for breach of any
regulation.
(3) Regulations made
under subsection (2)(d) in relation to the keeping of animals may provide
for—
(a) the
nature and condition of land or buildings in which the animals may be kept;
(b) the
inspection of any place where the animals are kept;
(c) the
maximum number of animals that may be kept per unit area;
(d) the
storage of animal food;
(e) the
control of vermin;
(f) the
disposal of wastes.
(4) A regulation may
not be made under subsection (2)(d) unless the Governor is
satisfied—
(a) that
the regulation is reasonably necessary to prevent the transmission of disease
from the animals to humans or to prevent insanitary conditions; and
(b) that
there has been reasonable consultation with the persons who would be directly
affected by the regulation, or with their representatives.
(5) The regulations
may adopt, wholly or partially and with or without modification—
(a) a
code or standard relating to matters in respect of which regulations may be
made under this Act; or
(b) an
amendment to such a code or standard.
(6) Any regulations
adopting a code or standard, or an amendment to a code or standard, may
contain such incidental, supplementary and transitional provisions as appear
to the Governor to be necessary.
(7) The regulations or
a code or standard adopted by the regulations may—
(a)
refer to or incorporate, wholly or partially and with or without modification,
a standard or other document prepared or published by a prescribed body,
either as in force at the time the regulations are made or as in force from
time to time; and
(b) be
of general or limited application; and
(c) make
different provision according to the persons, things or circumstances to which
they are expressed to apply; and
(d)
provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the Chief
Executive or a local council.
(8) Where—
(a) a
code or standard is adopted by the regulations; or
(b) the
regulations, or a code or standard adopted by the regulations, refers to a
standard or other document prepared or published by a prescribed body,
then—
(c) a
copy of the code, standard or other document must be kept available for
inspection by members of the public, without charge and during normal office
hours, at an office or offices specified in the regulations; and
(d) in
any legal proceedings, evidence of the contents of the code, standard or other
document may be given by production of a document purporting to be certified
by or on behalf of the Minister as a true copy of the code, standard or other
document; and
(e) the
code, standard or other document has effect as if it were a regulation made
under this Act.