“excreta” means human faeces or urine and includes —

(a) material mixed with human faeces or urine; and

(b) sludge from a septic facility;

“food” means an article, matter or compound (including a liquid) ordinarily consumed or intended to be consumed by humans, and includes —

(a) chewing gum; and

(b) an ingredient, food additive, matter, compound or other substance that —

(i) enters into or is capable of entering into food; or

(ii) is used in the composition or preparation of food;

but does not include water, liquor or a drug;

“food premises” means a building where food is sold or prepared or processed for sale;

“food premises licence” means a licence granted under subsection 48(4);

“garbage” includes refuse, rubbish, waste building material, garden waste and any other waste material except sewage or trade waste;

“garbage deposit area” means a place approved under subsection 17(1) for depositing garbage;

“hairdresser” means a person who, in the course of a business, arranges, cuts or otherwise treats the hair of another person;

“licence to sell water” means a licence granted under subsection 41(5);

“liquor” means a liquid, ordinarily consumed or intended for consumption by humans, that contains not less than 2% of proof spirit;

“mains sewer facility” means a facility directly or indirectly connected, or intended to be connected, to a sewer, and includes the pipes, fittings and fixtures used, or intended to be used, in connection with the conveyance of sewage from the facility to the sewer;

“Norfolk Island Plan” means the Norfolk Island Plan established by the Planning Act 1996, as varied from time to time;

“nuisance” means —

(a) a place kept in a state that is, or is likely to become, injurious or prejudicial to health or an eyesore;

(b) an animal that is kept in a manner that is, or is likely to be, injurious or prejudicial to health;

(d) the infestation of a place or water source by rats, mice, flies, mosquitoes or other vermin;

(e) a place from which the smoke, soot, dust, effluvia or smell emitted is, or is likely to become —

(i) injurious or prejudicial to health; or

(ii) offensive or gravely inconvenient to persons near the place;

(f) a building that is so overcrowded as to be, or be likely to become, injurious or prejudicial to health; or

(g) the emission from a place of noise that is, or is likely to become, injurious or prejudicial to health, or that is offensive or gravely inconvenient to persons near the place;

“owner”, in relation to land, means —

(a) a person in whom a freehold estate in the land is vested;

(b) a lessee or sublessee of the land under a Crown lease;

(d) a lessee or sublessee of the land under a lease other than a Crown lease;

“permitted sanitary facility” means —

(a) a mains sewer facility;

(b) a septic facility; or

“place” includes land, a structure, an aircraft, a vehicle or a vessel;

“Public Health Code” means the Public Health Code established under section 55, as varied from time to time;

“public health licence” means a licence granted or permit issued to a person under Part 4;

“public health notice” means a notice issued to a person under Part 2;

“refuse” means dung, offal or other matter that is unwholesome or from which an offensive odour arises;

“rubbish” means litter or domestic or commercial waste;

“sell” means sell for human consumption or use and includes —

(a) offer or attempt to sell, receive for sale, have in possession for sale, forward or deliver for sale, or cause or permit to be sold or offered for sale;

(b) barter or exchange;

(d) except in relation to water — supply under a contract, together with accommodation, service or entertainment, in consideration of an inclusive charge for the article supplied and the accommodation, service or entertainment;

(e) supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit; and

(f) supply, or offer to supply, gratuitously but with a view to gaining or maintaining custom, or otherwise with a view to commercial gain;

“septic facility” —

(a) means a chamber or chambers through which sewage passes, or is intended to pass, for the purpose of being broken down by digestion, disintegration and sedimentation; and

(b) includes pipes, fittings and fixtures, absorption trenches and holding tanks used, or intended to be used, in connection with the passage of sewage through, or out of, the facility;

but does not include a mains sewer facility or a temporary facility;

“sewage” means excreta, slops and other liquid refuse of a domestic nature but does not include stormwater, unpolluted water or trade waste;

“sewage deposit area” means a place approved under subsection 12(1) for depositing sewage or trade waste;

“sewer” means a public sewer operated, or to be operated, by the Administration;

“sewerage, drainage and water activity” means an activity referred to in section 26;

“sewers, drains and water application” means a planning application under the Planning Act 1996 to conduct a sewerage, drainage and water activity;

“sullage cart” means a conveyance or vehicle for the carriage of sewage or trade waste;

“sullage cart licence” means a licence granted under subsection 44(4);

“tattooist premises licence” means a licence granted under subsection 52(4);

“temporary facility” means a facility connected to a container for the temporary reception of sewage or a facility for temporary connection to a mains sewer facility or septic facility;

“trade waste” means liquid waste that includes chemicals, oil, or other impurities derived from a trade or manufacturing process or activity but does not include excreta, slops and other liquid refuse of a domestic nature;

“Water Assurance Area” means an area declared as such in accordance with section 10;

“water source” means an aquifer, bore, creek, dam, reservoir, spring, tank, watercourse or well;

“well” includes equipment associated with the use of a well as a source of water.

Part 2 — environmental health

Division 1 — Sanitation

Requirement to provide permitted sanitary facilities

5. (1) Subject to this section, the executive member may, by written notice served on the owner of land, require the owner to provide permitted sanitary facilities on the land or in relation to a building on the land.

(2) A notice shall require—

(a) the provision, within the time specified in the notice, of specified permitted sanitary facilities in specified locations on the land or in relation to the building; or

(b) the making, within the time specified in the notice, of a sewers, drains and water application for the provision of permitted sanitary facilities referred to in general terms in the notice.

(3) A notice under paragraph (2)(b) ceases to have effect if the executive member refuses to approve the application made as a result of the notice.

(4) An approval subject to conditions does not constitute a refusal of an application made as the result of a notice under paragraph (2)(b).

(5) In considering whether to issue a notice under subsection (1), the executive member shall have regard to the following considerations:

(a) the number of persons occupying or using, or likely to occupy or use, the land or building;

(b) the use, or intended use, of the land or building;

(c) whether permitted sanitary facilities are already provided in relation to the land or building and the extent to which any such facility complies with the Norfolk Island Plan and the Public Health Code;

(d) any other consideration he or she considers relevant.

(6) The executive member shall not issue a notice under paragraph (2)(a) requiring a person to provide a septic facility in a Water Assurance Area.

Cleaning, maintenance or alteration of permitted sanitary facilities

6. (1) The executive member may, by written notice served on the owner or occupier of a place where a permitted sanitary facility is situated, require the owner or occupier to clean, maintain or alter the facility.

(2) A notice shall specify —

(a) that a particular sanitary facility is, or all sanitary facilities situated at the place are, to be cleaned, maintained or altered;

(b) the method of cleaning to be used or the nature of the maintenance or alterations to be done; and

Closure of permitted sanitary facilities

7. (1) The executive member may, by written notice served on the owner or occupier of a place where a permitted sanitary facility is situated, prohibit the use of the facility.

(2) A notice shall —

(a) relate to any specified sanitary facility or to all sanitary facilities situated at the place; and

(b) prohibit the use of the facility —

(i) for the period specified in the notice;

(ii) until a notice under section 5 or 6 has been complied with; or

(iii) permanently.

(3) A notice that permanently prohibits the use of a permitted sanitary facility may include a requirement that the facility be removed, demolished or made inoperable by the method, and within the period, specified in the notice.

(4) In considering whether to issue a notice the executive member shall have regard to the following considerations:

(a) the extent to which the facility complies with the Norfolk Island Plan and the Public Health Code;

(b) the extent of compliance with any notice under section 5 or 6 in respect of the facility;

Prohibited facilities

8. (1) A person shall not construct, alter or use a facility for the reception, collection or treatment of sewage unless the facility is a permitted sanitary facility.

Penalty: 10 penalty units.

(2) Subsection (1) does not apply to —

(a) a sewer or facilities associated with the sewer;

(b) a facility operated by the Administration at a sewage deposit area;

(d) a sullage cart operated in accordance with a sullage cart licence.

Closure of prohibited facilities

9. (1) The executive member may, by written notice served on the owner or occupier of a place, require the owner or occupier to remove, demolish or make inoperable a facility for the reception, collection or treatment of sewage situated at the place.

(2) Subsection (1) does not apply to —

(a) a permitted sanitary facility;

(b) a sewer or facilities associated with the sewer;

(d) a portable facility for the use of children or invalids; or

(e) a sullage cart operated in accordance with a sullage cart licence.

(3) A notice may include a requirement that the facility be removed, demolished or made inoperable by the method, and within the period, specified in the notice.

(4) The executive member shall not specify a period of more than 3 months within which to comply with a notice unless satisfied that there are extraordinary circumstances which justify doing so.

Water Assurance Area

10. (1) Subject to subsection (2), the executive member may, by notice in the Gazette, declare an area to be a Water Assurance Area.

(2) The executive member shall not declare an area to be a Water Assurance Area unless —

(a) the area is served by a sewer; and

(b) the executive member is satisfied that it is practicable for sanitary facilities within, or likely to be constructed within, the area to be connected to the sewer.

Closure of septic facilities in Water Assurance Area

11. (1) The executive member may, by written notice served on the owner or occupier of a place in a Water Assurance Area, require the owner or occupier to remove, demolish or make inoperable a septic facility in that place.

(2) A notice may include a requirement that the septic facility be removed, demolished or made inoperable by the method, and within the period, specified in the notice.

(3) The executive member shall not specify a period of more than 6 months within which to comply with a notice unless satisfied that there are extraordinary circumstances which justify doing so.

Sewage deposit area

12. (1) Subject to subsection (2), the executive member may, by notice in the Gazette, approve a place for depositing sewage or trade waste.

(2) The executive member shall not approve a place in a Water Assurance Area as a sewage deposit area.

(3) A notice may make the use of a sewage deposit area subject to such conditions as the executive member considers necessary having regard to public health and the amenities of the area in which the sewage deposit area is, or is to be, situated including conditions relating to compliance with the directions of a person or class of persons in relation to the use of the area.

(4) A person using a sewage deposit area, whether for the depositing of sewage or trade waste or for another purpose, shall comply with a condition referred to in subsection (3).

Penalty for contravention of subsection (4): 10 penalty units.

Prohibitions

13. (1) A person shall not deposit sewage except —

(a) in a permitted sanitary facility;

(b) in a portable facility for the use of children or invalids;

(d) in a sewage deposit area.

Penalty: 50 penalty units.

(2) A person shall not deposit trade waste except —

(a) in accordance with a planning approval under the Planning Act 1996;

(b) in a sullage cart operated in accordance with a sullage cart licence; or

Penalty: 50 penalty units.

(3) A person shall not deposit stormwater in a permitted sanitary facility.

Penalty: 50 penalty units.

(4) A person shall not deposit grease, mineral oil, hair or other animal matter (other than waste from the human body), ashes, garbage, mud, rags, refuse, salt, soil or other solid matter in a mains sewer facility or a sewer.

Penalty: 50 penalty units.

(5) In this section, a reference to depositing a thing shall be read as including a reference to permitting that thing to be deposited.

Drainage

14. (1) If a place is not adequately drained, the executive member may, by written notice served on the owner or occupier of the place, require the owner or occupier to take such measures as are specified in the notice, within the period specified in the notice —

(a) to construct drains at the place; or

(b) to clean, maintain or alter a drain at the place.

(2) Without limiting the generality of subsection (1), a place is not adequately drained if liquid (other than stormwater) or slurry from the place enters, or is likely to enter, a water source.

Division 2 — Water supply

Control of water sources

15. (1) The executive member may, by written notice served on the owner or occupier of a place where a water source is situated, require the owner or occupier to comply with the notice.

(2) A notice may —

(a) relate to any specified water source or to all water sources situated at the place;

(b) prohibit the use of water from the water source for a purpose specified in the notice, or for any purpose —

(i) for the period specified in the notice;

(ii) until a condition specified in the notice has been complied with; or

(iii) permanently;

(d) require other work to be done, or conditions to be complied with, in relation to the water source or the use of water from it.

(3) A notice that permanently prohibits the use of a water source may include a requirement that, so far as is practicable, the water source and any equipment associated with it be removed, demolished or made inoperable by the method, and within the period, specified in the notice.

(4) In considering whether to issue a notice the executive member shall have regard to the following considerations:

(a) the extent to which water from the water source complies with the potability criteria for water specified in the Public Health Code;

(b) the extent to which the water source and its associated equipment complies with the Norfolk Island Plan and the Public Health Code;

Contamination of water sources

16. (1) A person shall not permit effluent from —

(a) a drain through which sewage or trade waste flows; or

(b) a permitted sanitary facility, or a sanitary facility to which subsection 9 (1) applies;

to discharge into a water source, directly or indirectly.

Penalty: 40 penalty units.

(2) It is a defence to proceedings for an offence against subsection (1) that the defendant was not aware that the effluent was discharging into the water source.

(3) A person shall not bathe or wash in a water source from which water is drawn for a domestic purpose.

Penalty: 20 penalty units.

(4) If an animal becomes bogged or caught on the banks of, or in, a water source, the person who has control of the animal or, if there is no such person, the owner of the animal shall remove the animal as soon as is practicable.

Penalty: 20 penalty units.

(5) A person shall not drown, or attempt to drown, an animal in a water source.

Penalty: 40 penalty units.

(6) A person shall not deposit, or cause to be deposited, refuse, earth, glass, paper or offensive matter (including the body of a dead animal) in, or within 30 metres of, a water source.

Penalty: 40 penalty units.

Division 3 — Garbage

Garbage deposit areas

17. (1) The executive member may, by notice in the Gazette, approve a place for depositing garbage.

(2) A notice under subsection (1) may make the use of a garbage deposit area subject to such conditions as the executive member considers necessary having regard to public health and the amenities of the area in which the garbage deposit area is, or is to be, situated, including conditions relating to compliance with the directions of a person or class of persons in relation to the use of the area.

(3) A person using a garbage deposit area (whether for depositing garbage or for another purpose) shall comply with a condition referred to in subsection (2).

Penalty for contravention of subsection (3): 20 penalty units.

Garbage receptacles

18. (1) The occupier of a building shall provide for use in relation to the building a sufficient number of defined garbage receptacles for the reception of garbage from, and in relation to, the building.

Penalty: 10 penalty units.

(2) The occupier of a building shall do the following in relation to the building:

(a) cause all garbage to be put in a defined garbage receptacle;

(b) cause all garbage receptacles to be kept clean and maintained in good order and condition;

(d) keep all garbage receptacles covered;

(e) cause each garbage receptacle to be emptied when full and the contents to be removed to a garbage deposit area.

Penalty for contravention of paragraph (a), (b), (c), (d) or (e): 5 penalty units.

(3) The executive member may, by written notice served on the occupier of land or a building, require the occupier, within the period specified in the notice, to —

(a) provide for use in relation to the land or building the number of defined garbage receptacles specified in the notice; or

(b) remove to a garbage deposit area garbage that is on the land or in the building.

(4) In this section —

“defined garbage receptacle” means—

(a) a receptacle made of metal or plastic and having a close-fitting lid; and

(b) such other receptacles (if any) as are specified in the Public Health Code.

Leaving garbage in public places

19. A person shall not deposit garbage in a public place other than —

(a) in a receptacle provided for the reception of garbage; or

(b) in a garbage deposit area.

Penalty: 20 penalty units.

Carriage of garbage in public places

20. A person shall not convey garbage into or through a public place except in a vehicle or receptacle covered so as to hold the contents securely and so as to prevent the escape of any liquid.

Penalty: 30 penalty units.

Division 4 — Nuisance

[NB – sections 21 and 22 commenced 31 July 1997]

Nuisance abatement notices

21. The executive member may, by written notice served on the owner or occupier of a place, require the owner or occupier to take such measures as are specified in the notice, within the period specified in the notice, to abate a nuisance occurring or existing at the place.

Vermin breeding grounds

22. Where, in the opinion of the executive member, there exist at a place conditions favourable to the breeding or existence of rats, mice, flies, mosquitoes or other vermin, the executive member may, by written notice served on the owner or occupier of the place, require the owner or occupier to take such measures as are specified in the notice within the period specified in the notice, to remedy those conditions.

Division 5 — Animals

Keeping animals

23. (1) Where the owner or occupier of a place keeps an animal at that place, the executive member may, by written notice served on the owner or occupier, require the owner or occupier to take such measures as are specified in the notice, within the period specified in the notice, to comply with the minimum standards specified in the Public Health Code in relation to keeping an animal of that type.

(2) In considering whether to issue a notice the executive member shall have regard to the following considerations:

(a) the extent to which the use of the place complies with the minimum standards specified in the Public Health Code for or in relation to keeping live animals;

(b) the amenities of the area in which the place is situated;

Dead animals

24. (1) If an animal dies in a public place the owner of the animal shall dispose of the animal’s body.

Penalty: 5 penalty units.

(2) If an animal dies in a place other than a public place the occupier of the place shall dispose of the animal’s body.

Penalty: 5 penalty units.

(3) If a dead animal’s body —

(a) is not disposed of in accordance with subsection (1) or (2); or

(b) is disposed of in a manner which, in the opinion of the executive member or an authorised officer, is offensive;

the executive member may cause the body to be removed and dealt with as the executive member directs.

(4) The reasonable cost of removing a dead animal’s body and of dealing with it under this Act is a debt due and payable to the Administration by —

(a) in the case of an animal that died in a public place — the animal’s owner; or

(b) in the case of an animal that died in a place other than a public place — the occupier of the place.

Division 6 — Swimming pools

Swimming pool safety

25. (1) The executive member may, by written notice served on the owner or occupier of land on which, or a building in which, a swimming pool is situated, require the owner or occupier to take such measures as are specified in the notice, within the period specified in the notice, to comply with the minimum standards specified in the Public Health Code for the maintenance of swimming pools.

(2) In considering whether to issue a notice, the executive member shall have regard to the following considerations:

(a) the extent to which the swimming pool complies with the minimum standards specified in the Public Health Code for the maintenance of swimming pools;

(b) any other consideration he or she considers relevant.

(3) In this section —

“swimming pool” means an excavation or structure that is designed or intended to be solely or principally used by 1 or more persons for the purpose of swimming, wading or paddling.

Part 3 — Planning approvals

Division 1 — Sewerage, drainage and water activities

Sewerage, drainage and water activities

26. (1) Planning approval under the Planning Act 1996 is required for the following activities, subject to subsection (2):

(a) the construction or alteration of a permitted sanitary facility;

(b) the use of a permitted sanitary facility for the disposal of trade waste;

(d) the use of a drainage trap for depositing trade waste;

(e) the construction or alteration of a bore or well.

(2) Planning approval under the Planning Act 1996 is not required for the following activities:

(a) the construction of a permitted sanitary facility pursuant to a notice under paragraph 5(2)(a);

(b) the alteration of a permitted sanitary facility pursuant to a notice under subsection 6(1);

Applications

27. For the purposes of Part 4 of the Planning Act 1996, a sewers, drains and water application is a Category 1 application.

Division 2 — Construction or alteration of permitted sanitary facilities

Applicants — temporary facilities

28. A sewers, drains and water application in relation to the construction or alteration of a permitted sanitary facility that is a temporary facility may be made by a person who has, or will have, control of the temporary facility.

Processing applications

29. In addition to the requirements set out in Division 1 of Part 4 of the Planning Act 1996, a sewers, drains and water application in relation to the construction or alteration of a permitted sanitary facility in a Water Assurance Area shall only be processed under section 24 of that Act if the facility is a mains sewer facility or a temporary facility.

Approval of applications — temporary facilities

30. The executive member shall not approve a sewers, drains and water application under subsection 24(2) of the Planning Act 1996 relating to the construction or alteration of a temporary facility unless satisfied that —

(a) the facility is necessary for temporary purposes in connection with building or other temporary works; and

(b) a mains sewer facility or septic facility is not reasonably available to serve those purposes.

Conditions

31. The conditions that the executive member may impose on the approval of a sewers, drains and water application in relation to the construction or alteration of a permitted sanitary facility under paragraph 24(2)(b) of the Planning Act 1996 include —

(a) a condition requiring written clearance to be obtained from an authorised officer before the facility is used or, in the case of a mains sewer facility, connected to a sewer;

(b) for an application relating to a mains sewer facility — a condition requiring —

(i) the connection of the facility to a sewer within the time specified in the notice; and

(ii) the provision of a supply of water sufficient to enable the proper operation of the facility and of the sewer;

(c) for an application relating to a septic facility — a condition requiring the removal by a specified process or method, at specified intervals, of sewage collected in the facility; and

(d) for an application relating to a temporary facility — a condition specifying a period for which the facility may be used.

Division 3 — Construction or alteration of a bore or well

Conditions

32. The conditions that the executive member may impose on the approval of a sewers, drains and water application in relation to the construction or alteration of a bore or well under paragraph 24(2)(b) of the Planning Act 1996 include —

(a) a condition requiring written clearance to be obtained from an authorised officer before the bore or well is connected to a domestic water supply system, or used for domestic purposes;

(b) a condition requiring the bore or well not to be cleared under paragraph (a) unless water drawn from it is found to be safe for human consumption in accordance with the potability criteria specified in the Public Health Code; and

Part 4 — Licensed and permitted activities

Division 1 — Prohibitions and restrictions

Sale of water

33. (1) A person shall not sell water except in accordance with a licence.

Penalty: 20 penalty units.

(2) Subsection (1) does not apply to the sale of water in a sealed container that contains no more than 2 litres of water.

Carriage of sullage

34. A person shall not operate a sullage cart except in accordance with a licence.

Penalty: 40 penalty units.

Sale of food

35. (1) A person shall not sell food except in accordance with —

(a) if the food is sold in food premises—a food premises licence; or

(b) in any other case — an itinerant food sellers permit.

Penalty: 40 penalty units.

(2) Subsection (1) does not apply to —

(a) the sale of packaged food incidental to a business other than a business of selling food (for example, the sale of packaged chewing gum, crisps or nuts in a garage or service station);

(b) the sale of whole raw fruit or whole raw vegetables grown on Norfolk Island;

(d) the sale of food in accordance with the conditions of registration of a tourist accommodation house within the meaning of the Tourist Accommodation Act 1984; or

(e) the sale of food in accordance with an exemption under section 51.

Food protection standards

36. (1) A person who sells food shall comply with the food protection standards specified in the Public Health Code in relation to the storage, keeping or serving of the food.

Penalty: 10 penalty units.

(2) A person shall not sell food which does not comply with the food protection standards specified in the Public Health Code.

Penalty: 10 penalty units.

(3) The executive member may, by written notice served on a person, condemn food in the possession of, or under the control of, the person if the food does not comply with the food protection standards specified in the Public Health Code.

(4) An authorised officer may confiscate food specified in a notice under subsection (3) and dispose of the food in such manner as he or she thinks fit.

Beauticians

37. A person shall not carry on business as a beautician except in premises in respect of which a beautician premises licence is in force.

Penalty: 20 penalty units.

Beautician hygiene standards

38. A beautician shall comply with the relevant hygiene standards specified in the Public Health Code.

Penalty: 20 penalty units.

Tattooists

39. A person shall not tattoo another person except in premises in respect of which a tattooist premises licence is in force.

Penalty: 20 penalty units.

Tattooist hygiene standards

40. A tattooist shall comply with the relevant hygiene standards specified in the Public Health Code.

Penalty: 20 penalty units.

Division 2 — Licences to sell water

Licences to sell water

41. (1) A person may apply in writing to the executive member for a licence to sell water.

(2) An application shall —

(a) comply with the Public Health Code; and

(b) be accompanied by the fee prescribed by the regulations (if any).

(3) An applicant shall submit for inspection by an authorised officer the vehicle, vessel and apparatus which is to be used in the collection and supply of water.

(4) The executive member may require an applicant for a licence for the sale of water to provide such further information as the executive member considers necessary.

(5) After considering an application and any further information provided by the applicant in accordance with a request under subsection (3), the executive member shall —

(a) grant to the applicant an unconditional licence to sell water;

(b) grant to the applicant a licence to sell water subject to specified conditions; or

(6) In considering whether to grant a licence to sell water, the executive member shall have regard to the following considerations:

(a) the potability criteria for water specified in the Public Health Code;

(b) the nature and condition of the containers (including vehicles) proposed to be used for transporting the water, and of any other equipment associated with the storage, loading and delivery of the water;

Cancellation of licences to sell water

42. (1) The executive member may cancel a licence to sell water by written notice served on the licensee.

(2) In considering whether to cancel a licence under subsection (1), the executive member shall have regard to the considerations specified in subsection 41(6).

Period of effect of licences to sell water

43. A licence to sell water has effect, unless it is cancelled sooner, from the date on which the licence is granted until the next following 30 June.

Division 3 — Licences to operate sullage carts

Licences to operate sullage carts

44. (1) A person may apply in writing to the executive member for a licence to operate a sullage cart.

(2) An application shall —

(a) comply with the Public Health Code; and

(b) be accompanied by the fee prescribed by the Regulations (if any).

(3) The executive member may require an applicant for a sullage cart licence —

(a) to submit his or her sullage cart for inspection; or

(b) to provide such further information as the executive member considers necessary.

(4) After considering an application, the nature and condition of the sullage cart (if inspected) and any further information provided by the applicant in accordance with a request under paragraph (3)(b), the executive member shall —

(a) grant to the applicant an unconditional sullage cart licence;

(b) grant to the applicant a sullage cart licence subject to specified conditions; or

(5) In considering whether to grant a sullage cart licence, the executive member shall have regard to the following considerations:

(a) the nature of the conveyance or vehicle proposed to be used for the carriage of sullage;

(b) the nature of any other equipment associated with the loading or unloading of the sullage;

(d) any other consideration he or she considers relevant.

Cancellation of sullage cart licences

45. (1) The executive member may cancel a sullage cart licence by written notice served on the licensee.

(2) In considering whether to cancel a licence under subsection (1), the executive member shall have regard to the considerations specified in subsection 44(5).

Period of effect of sullage cart licences

46. A sullage cart licence has effect, unless it is cancelled sooner, from the date on which the licence is granted until the next following 30 June.

Division 4 — Permits and licences to sell food

Itinerant food sellers permits

47. (1) A person may apply in writing to the executive member for a permit to sell food otherwise than from food premises (for example, from a temporary stall or from a vehicle).

(2) An application shall —

(a) comply with the Public Health Code; and

(b) be accompanied by the fee prescribed by the regulations (if any).

(3) After considering an application, the executive member shall —

(a) issue to the applicant an unconditional permit to sell food;

(b) issue to the applicant a permit to sell food subject to conditions, including conditions relating to the period or periods during which the permit is in force; or

(4) The executive member may at any time cancel a permit issued under subsection (3).

(5) In considering whether to grant a permit under subsection (3) or cancel a permit under subsection (4), the executive member shall have regard to the following considerations:

(a) the relevant standards specified in the Public Health Code;

(b) any other relevant consideration.

(6) The refusal to issue, or the cancellation, of a permit under this section does not affect a person’s right to apply for a food premises licence.

Food premises licences

48. (1) A person may apply in writing to the executive member for a licence to prepare food on food premises.

(2) An application shall —

(a) comply with the Public Health Code; and

(b) be accompanied by the fee prescribed by the Regulations (if any).

(3) The executive member may require an applicant for a food premises licence to provide such further information in relation to the application as the executive member considers necessary.

(4) After considering an application and any further information provided in accordance with a request under subsection (3), the executive member shall —

(a) grant to the applicant an unconditional food premises licence in relation to specified premises;

(b) grant to the applicant a food premises licence in relation to specified premises subject to conditions; or

(5) In considering whether to grant a food premises licence in relation to specified premises, the executive member shall have regard to the following considerations:

(a) the food protection standards specified in the Public Health Code;

(b) any other consideration he or she considers relevant.

Cancellation of food premises licences

49. (1) The executive member may cancel a food premises licence by written notice served on the licensee, or on the occupier of premises to which the licence relates.

(2) In considering whether to cancel a licence under subsection (1), the executive member shall have regard to the following considerations:

(a) the considerations specified in subsection 48(5);

(b) the extent of compliance, in relation to the food premises, by the licensee or by other persons, with any conditions specified in the licence;

(c) the extent of compliance, in relation to the food premises, by the licensee or by other persons, with the food protection standards specified in the Public Health Code;

(d) any other consideration that he or she considers relevant.

Period of effect of food premises licences

50. A food premises licence has effect, unless it is cancelled sooner, from the date on which the licence is granted until the next following 30 June.

Exemptions

51. (1) The executive member may, by written notice published in the Gazette, exempt a person or a class of persons from the requirement to obtain an itinerant food sellers permit or food premises licence in respect of the sale, by the person or a person included in the class of persons, of —

(a) any food; or

(b) food within a specified class of food.

(2) An exemption under subsection (1) —

(a) may be issued subject to conditions specified in the exemption; and

(b) may be varied or revoked by notice published in the Gazette.

Division 5 — Beautician or tattooing premises licences

Beautician or tattooing premises licences

52. (1) A person may apply in writing to the executive member for a beautician premises licence or tattooing premises licence.

(2) An application shall —

(a) comply with the Public Health Code; and

(b) be accompanied by the fee prescribed by the Regulations (if any).

(3) The executive member may require an applicant for a licence to provide such further information in relation to the application as the executive member considers necessary.

(4) After considering an application and any further information provided in accordance with a request under subsection (3), the executive member shall —

(a) grant to the applicant an unconditional beautician premises licence or tattooing premises licence (as the case requires) in relation to specified premises;

(b) grant to the applicant a beautician premises licence or tattooing premises licence (as the case requires) in relation to specified premises subject to conditions; or

(5) In considering whether to grant a licence in relation to specified premises, the executive member shall have regard to the following considerations:

(a) the relevant hygiene standards specified in the Public Health Code;

(b) any other consideration that he or she considers relevant.

Cancellation of beautician or tattooing premises licences

53. (1) The executive member may cancel a beautician premises licence or tattooing premises licence by written notice served on the licensee, or on the occupier of premises to which the licence relates.

(2) In considering whether to cancel a licence under subsection (1), the executive member shall have regard to the following considerations:

(a) the considerations specified in subsection 52(5);

(b) the extent of compliance, in relation to the relevant premises, by the licensee or by other persons, with any conditions specified in the licence;

(c) the extent of compliance, in relation to the relevant premises, by the licensee or by other persons, with the relevant hygiene standards specified in the Public Health Code;

(d) any other consideration he or she considers relevant.

Period of effect of beautician or tattooing premises licences

54. A beautician premises licence or tattooing premises licence has effect, unless it is cancelled sooner, from the date on which the licence is granted until the next following 30 June.

Part 5 — public health Code

Establishment

55. (1) There shall be a Public Health Code.

(2) The Public Health Code shall promote the maintenance of health of the residents of Norfolk Island in accordance with the objects of the Planning Act 1996.

(3) Without limiting the generality of subsection (2), the Public Health Code may include standards in relation to the following matters:

(a) sanitation in respect of any place or receptacle;

(b) the control and inspection of the following:

(i) the preparation, sale, distribution and possession of food;

(ii) the sale of water;

(iii) the slaughtering of animals and sale of meat;

(iv) the keeping of animals used for food or for the production of food products, and the food products of those animals;

(v) dairies and milk supply;

(vi) food premises;

(vii) boarding houses;

(viii) hospitals;

(ix) beautician and tattooing establishments;

(x) laundries, cleaning establishments and dye works;

(xi) second-hand trading establishments;

(xii) the housing of animals and the conditions under which they may be kept;

(d) the prevention of pollution of natural water courses and the maintenance of the purity of water supply;

(e) the conditions subject to which licences, permits, certificates and other instruments in respect of such matters may be granted or issued.

Preparation

56. (1) The executive member shall prepare a draft Public Health Code.

(2) The executive member may prepare draft variations to the Public Health Code.

(3) The draft Code, or a draft variation to the Code, may provide for the delayed commencement of the draft or of different provisions of the draft.

Public consultation

57. (1) The executive member shall invite public submissions about the draft Public Health Code, or a draft variation to the Public Health Code, by notice published in the Gazette indicating where and when the draft is available for inspection.

(2) The executive member shall take such other measures as he or she considers appropriate to ascertain public opinion about the draft Code, or a draft variation to the Code notified under subsection (1) and to respond to such opinion.

(3) The executive member shall ensure that the draft Code or draft variation to the Code notified under subsection (1) is available for public inspection free of charge.

Making

59. (1) At least 28 days after notification of the draft Public Health Code under section 57, the Commonwealth Minister may, by instrument, make the Public Health Code in the form of the notified draft with or without alterations.

(2) At least 28 days after notification of the draft variation to the Public Health Code under section 57, the Commonwealth Minister may, by instrument, vary the Code in accordance with the notified draft with or without alterations to the notified draft.

(3) Notice of the making of the Code under subsection (1), or of a variation of the Code under subsection (2), shall be published in the Gazette, together with —

(a) a statement about the commencement of the Code or variation pursuant to section 60; and

(b) a statement indicating where and when the Public Health Code is available for inspection.

Commencement

60. A provision of the Public Health Code, or of a variation to the Public Health Code, comes into effect —

(a) if the Code or variation specifies a date of commencement for that provision, or for the whole Code or variation — on that date, or on the date of publication in the Gazette of the relevant notice under subsection 59(3), whichever is later; or

(b) in any other case — on the date of publication in the Gazette of the relevant notice under subsection 59(3).

Public access

61. (1) The executive member shall ensure that the Public Health Code is available for public inspection free of charge.

(2) On application accompanied by the fee prescribed by the regulations, the executive member shall ensure that a copy of the Public Health Code, or an extract from the Code, is made available to the applicant.

Part 6 — administrative appeals

Notices

62. (1) Where the executive member makes a reviewable decision (within the meaning of section 63), he or she shall give a person affected by the decision notice of the decision.

(2) A notice shall include —

(a) a statement of reasons for the decision; and

(b) particulars of the affected person’s right to apply to the Administrative Review Tribunal for review of the decision.

Reviewable decisions

63. The following decisions by the executive member are reviewable decisions for the purposes of this Act:

(a) a decision under Part 2 to issue, or include requirements in, a public health notice;

(b) a decision under Part 4 to refuse to grant or issue, to cancel or include conditions on, a public health licence.

Review

64. Application may be made to the Administrative Review Tribunal for the review of a reviewable decision within the meaning of section 63.

Part 7 — enforcement

[NB – Part 7 commenced 31 July 1997]

Division 1 — Sanctions

Enforcement of public health notices and licence conditions

65. (1) Where —

(a) a public health notice has been issued to a person; or

(b) a public health licence has been granted or issued to a person subject to a condition;

and the executive member considers that the condition or the notice has not been complied with, the executive member may apply to the Court for an order that the person comply with that notice or condition.

(2) On application under subsection (1), where the Court is satisfied that the person is required to comply with the specified notice or condition, and has not done so, the Court may order the person to comply with the notice or condition within the period specified in the order.

(3) A person shall comply with an order under subsection (2).

Penalty: 60 penalty units or imprisonment for 12 months, or both.

(4) Where an application is made under subsection (2), the person in respect of whom the application is made is not liable to be prosecuted under another provision of this Act, or under any other enactment, in respect of the act or omission that is the subject of the application.

Works by Administration

66. (1) If, after an order has been made under subsection 65(1), the person to whom the order is directed does not comply with the order, the executive member may cause to be carried out such works as are necessary for the order to be complied with.

(2) The cost of carrying out works referred to in subsection (1) is a debt due and payable to the Administration by the person to whom the order under subsection 65(1) was directed, and may be recovered in a court of competent jurisdiction.

(3) No action lies against the executive member, the Administration or a person carrying out works referred to in subsection (1) for anything done or omitted in good faith in, or in relation to, the carrying out or purported carrying out of such works.

Division 2 — Powers of entry and search

Interpretation

67. In this Division —

“unlawful act” means —

(a) an offence against this Act which there are reasonable grounds to suspect has been, or is about to be, committed; or

(b) an act or omission in contravention of this Act, a public health notice or a public health licence, which there are reasonable grounds to suspect has occurred, or is about to occur.

Powers of entry

68. (1) An authorised officer may enter a place for the purpose of performing a function under, or in connection with the administration of, this Act —

(a) if an occupier of the place consents to the entry;

(b) if the place is open to the public, whether or not on payment of a fee;

(d) in accordance with a search warrant under section 70.

(2) An authorised officer shall not enter or remain in a place unless —

(a) if the entry is pursuant to a search warrant — the officer produces the warrant; or

(b) in any other case — the officer produces his or her instrument of appointment, or a copy of that instrument.

Power to take samples

69. Where —

(a) an authorised officer enters premises in accordance with section 68; and

(b) on inspecting the premises, the authorised officer believes on reasonable grounds that an unlawful act is being, or has been, committed;

the authorised officer may take away for examination or analysis samples of any substance found on the premises which the authorised officer believes on reasonable grounds could afford evidence as to the commission of the unlawful act.

Search warrants

70. (1) On information on oath given by an authorised officer, a Magistrate may issue a search warrant in relation to any place if satisfied on reasonable grounds that —

(a) any thing in relation to which an unlawful act has been committed is in that place, or will be there within the following 72 hours;

(b) any thing which will afford evidence as to the commission of an unlawful act is in that place, or will be there within the following 72 hours; or

(c) any thing intended to be used for the purpose of committing an unlawful act is in that place, or will be there within the following 72 hours.

(2) A search warrant authorises the specified authorised officer to enter the specified place at any time, and to seize any thing of the type specified in the warrant, with such assistance and by such force as is necessary and reasonable.

(3) An authorised officer may break open doors and receptacles for the purpose of executing a search warrant, where it is necessary and reasonable to do so.

Part 8 — miscellaneous

[NB – Part 8 commenced 31 July 1997]

False information

71. (1) A person shall not knowingly make a false or misleading statement in connection with an application for a public health licence by that person or any other person.

(2) A person shall not make a false or misleading statement with the intention of misleading a person performing a function under this Act.

Penalty: 60 penalty units or imprisonment for 12 months, or both.

Obstruction of officials

72. A person shall not obstruct or hinder a person performing a function under this Act.

Penalty: 60 penalty units or imprisonment for 12 months, or both.

Delegation

73. (1) The executive member may, by instrument, delegate any of the powers of the executive member under this Act other than this power of delegation.

(2) A delegation under subsection (1) may be made —

(a) to a specified person; or

(b) to the holder for the time being of a specified office or position.

(3) Where a delegated power under subsection (1) is exercised by the delegate, the power is to be taken to have been exercised by the executive member.

(4) The delegation of a power under subsection (1) does not prevent its exercise by the executive member.

Authorised officers

74. The executive member may, by instrument, appoint persons to be authorised officers for the purposes of this Act.

Regulations

75. (1) The Administrator may make Regulations, not inconsistent with this Act prescribing matters —

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) The Regulations may make different provision in relation to fees for applications for public health licences in relation to different classes of premises.

(3) The Regulations may prescribe a penalty of not more than 10 penalty units for a contravention of the Regulations.

_______________________________________________________________________

NOTE

Penalty units

See section 12A of the Interpretation Act 1979.

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NOTES
The Public Health Act 1996 as shown in this consolidation comprises Act No. 13 of 1996 and amendments as indicated in the Tables below.
Enactment	Number and year	Date of commencement	Application saving or transitional provision
Public Health Act 1996	13, 1996	Sections 1 and 2: 11 July 1996 (Gazette No. 33, 11 July 1996). Sections 3, 4, 21, 22 and Parts 7 and 8: 31 July 1997 (Gazette No. 42, 31 July 1997) Sections 5–20 and 23–64 will commence on a day or days to be fixed by notice in the Gazette.	—

Ordinance	Registration	Commencement	Application, saving and transitional provision
Norfolk Island Continued Laws Amendment Ordinance 2015 (No. 2, 2015)	17 June 2015 (F2015L00835)	Sch 1 (items 261–263, 344, 345): 18 June 2015 (s 2(1) item 1)	Sch 1 (items 344, 345)

Table of Amendments
ad = added or inserted	am = amended		rep = repealed	rs = repealed and substituted
Provision affected	How affected
57	am	Ord No 2, 2015
58	rep	Ord No 2, 2015
59	am	Ord No 2, 2015

PUBLIC HEALTH ACT 1996

TABLE OF PROVISIONS

PART 1 — PRELIMINARY

PART 2 — ENVIRONMENTAL HEALTH

PART 3 — PLANNING APPROVALS

PART 4 — LICENSED AND PERMITTED ACTIVITIES

PART 5 — PUBLIC HEALTH CODE

PART 6 — ADMINISTRATIVE APPEALS

PART 7 — ENFORCEMENT

PART 8 — MISCELLANEOUS

Nuisance abatement notices

Division 6 — Swimming pools

Applicants — temporary facilities

NOTES

Table of Amendments