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
 
• 332 Application of Part to abortion
 
• 333 Regulations
 
• 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