South Australian Consolidated Acts

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PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987 - SCHEDULE 3

Schedule 3—Repeal of certain Acts and transitional provisions

1—Repeal of certain Acts

        (1)         The following Acts are repealed:

The Health Act 1935

The Noxious Trades Act 1943

The Venereal Diseases Act 1947 .

        (2)         The Governor may, by proclamation, suspend the repeal of specified provisions of the Health Act 1935 until a subsequent day fixed in the proclamation, or a day to be fixed by subsequent proclamation.

2         The following transitional provisions apply in relation to the repeal of the Health Act 1935 :

            (a)         a proclamation made by the Governor under the Health Act 1935 declaring a disease to be an infectious disease or a notifiable disease and in force immediately before the repeal of the provisions of that Act providing for the making of the proclamation shall be deemed to be a prescription under this Act that the disease is a notifiable disease; and

            (b)         a resolution passed by a local board of health under the Health Act 1935 , and in force immediately before the repeal of the provisions of that Act providing for the passing of the resolution shall be deemed to be a resolution passed pursuant to this Act by the local council that constituted that local board; and

            (c)         where a county board of health was in existence immediately before the repeal of those provisions of the Health Act 1935 , that provide for county boards of health, the assets and liabilities of the county board shall be divided—

                  (i)         by agreement, between the local councils in respect of which the county board was constituted; or

                  (ii)         if agreement cannot be reached by those local councils, according to the directions of the Minister of Local Government; and

            (d)         all actions and proceedings which but for the repeal of provisions of the Health Act 1935 , could have been taken or commenced by an authorised officer or local board of health may be taken or commenced by an authorised officer or a local council; and

            (e)         all actions and proceedings which before the repeal of provisions of the Health Act 1935 , had been taken or commenced by an authorised officer or local board of health under that Act may be continued in all respects by the authorised officer or a local council; and

            (f)         the Council may require a local council to provide a report (in a form approved by the Council) on the sanitary condition of its area immediately before the repeal of any of the provisions of the Health Act 1935 .

3         The Acts Interpretation Act 1915 shall, except to the extent of any inconsistency with the provisions of this Schedule, apply to the repeal of the Acts referred to in clause 1.



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