{"id":"health-rottnest-island-bylaws-1989","name":"Health (Rottnest Island) By-laws 1989","slug":"health-rottnest-island-by-laws-1989","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176782,"registerId":"wa-health-rottnest-island-bylaws-1989-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health (Rottnest Island) By-laws 1989","content":"![Crest]()Western Australia\n\nHealth Act 1911  \nRottnest Island Authority Act 1987\n\nHealth (Rottnest Island) By-laws 1989\n\nWestern Australia\n\nHealth (Rottnest Island) By-laws 1989\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Interpretation 1\n\n3. Application of certain by‑laws to certain public authorities 2\n\nPart 2 — General sanitary provisions\n\n5. Water closets in permanent accommodation 3\n\n6. Kitchen and kitchen fittings 4\n\n7. Water supply 5\n\n8. Public sanitary conveniences 6\n\n9. Maintenance of sanitary conveniences 6\n\nPart 3 — Refuse removal\n\nDivision 1 — Premises other than building sites\n\n10. Definitions 8\n\n11. Keeping of receptacles 8\n\n12. Refuse to be deposited in receptacles 9\n\n13. Maintenance of receptacles 10\n\n14. Collection of refuse 11\n\n15. Method of disposal of refuse 11\n\n16. Disposal of refuse from vessels 12\n\n17. Refuse disposal sites to be fenced 12\n\nDivision 2 — Building sites\n\n18. Definitions 12\n\n19. Responsibilities of builder 12\n\nPart 4 — Waste water\n\n20. Definitions 14\n\n21. Disposal of waste water 14\n\n22. Removal of waste water 14\n\n23. Removal of liquid waste 15\n\nPart 5 — General health provisions\n\n24. Air space in sleeping rooms 17\n\n25. Premises to be kept in good repair 17\n\n26. Keeping of poultry 18\n\n27. Mosquito eradication and reduction 19\n\n28. Rodents 21\n\nPart 8 — Laundries and laundry depots\n\n54. Laundries 25\n\n55. Laundry depots 25\n\nPart 9 — Offences\n\n56. Offences and penalties 27\n\nNotes\n\nCompilation table 28\n\nOther notes 28\n\nDefined terms\n\n  \n\nWestern Australia\n\nHealth Act 1911  \nRottnest Island Authority Act 1987\n\nHealth (Rottnest Island) By‑laws 1989\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese by‑laws may be cited as the *Health (Rottnest Island) By‑laws 1989*.\n\n##### 2. Interpretation\n\nIn these by‑laws, unless the contrary intention appears —\n\n  Act means the *Health Act 1911*;\n\n  approved means approved by the Executive Director, Public Health;\n\n  Authority means the Rottnest Island Authority;\n\n  casual resident means a person who has taken up casual residence on the Island as described in regulation 9(1)(b) or (c) of the *Rottnest Island Regulations 1988*;\n\n  health surveyor means a health surveyor appointed under the Act and includes any acting or assistant health surveyor;\n\n  Island means the Rottnest Island Reserve described in section 4 of the *Rottnest Island Authority Act 1987*;\n\n  occupier means, subject to by‑law 3(2), any person, other than a casual resident, in occupation of premises and, in respect of premises occupied by a casual resident, means the Authority or in the case of the Rottnest Lodge Resort or the Rottnest Island Hotel, the lessee thereof;\n\n  premises means premises on the Island.\n\n##### 3. Application of certain by‑laws to certain public authorities\n\n(1) Where premises are under the management of a public authority, the obligations and provisions expressed in by‑laws 5, 6, 24(2) and 25 to be binding on, or applicable to, the Authority are binding on, and applicable to, that public authority in respect of those premises.\n\n(2) For the purposes of by‑laws 9, 25 and 27 and by‑law 28(5), (6), (7) and (8) a public authority is deemed to be the occupier of premises that are under its management, but in the case of by‑law 9(2)(b) and by‑law 27(1), (4), (6)(b) and (7), the liability of the actual occupier to also comply with those provisions is not affected.\n\n(3) In this by‑law public authority means a Minister of the Crown in right of the State, Government department, State trading concern, State instrumentality, State public utility and any other person or body, whether corporate or not, who or which, under the authority of any written law, administers or carries on for the benefit of the State a social service or public utility.\n\n## Part 2 — General sanitary provisions\n\n[**4.** Deleted: SL 2024/72 cl. 4.]\n\n##### 5. Water closets in permanent accommodation\n\n(1) The Authority shall ensure that —\n\n(a) each residential premises under its control has such number of water closets as is required by sub‑bylaws (2) and (3); and\n\n(b) sub‑bylaws (6), (7) and (8) are complied with in relation to such water closets.\n\n(2) Where it is necessary or likely to be necessary to provide for the requirements of not more than 15 persons in residential premises at least one water closet shall be installed in the premises.\n\n(3) Where the number of such persons is more than 15 an additional water closet for every 15, or fraction thereof, shall be installed.\n\n(4) The lessee of the Rottnest Lodge Resort shall ensure that —\n\n(a) there is one water closet for every 15 male persons, or fraction thereof, accommodated on the premises other than in self‑contained units, and one water closet for every 15 female persons, or fraction thereof, so accommodated; and\n\n(b) sub‑bylaws (6), (7) and (8) are complied with in relation to all water closets on the premises.\n\n(5) The lessee of the Rottnest Island Hotel shall ensure that each residential unit in the hotel has a water closet and that sub‑bylaws (6) and (8) are complied with in relation to each water closet.\n\n(6) All entrances to water closets shall be so screened as to ensure privacy.\n\n(7) The entrance to a water closet set aside for use by one sex shall be distant not less than 3.6 metres from the entrance to a water closet set aside for use by the opposite sex.\n\n(8) A hand basin shall be provided in premises for each water closet installed in those premises.\n\n##### 6. Kitchen and kitchen fittings\n\n(1) Subject to sub‑bylaw (3), the Authority shall ensure that each residential premises under its control has —\n\n(a) a kitchen which conforms in every respect to the requirements of the Building Code of Australia as at 14 June 1993;\n\n(b) at least one sink installed in the kitchen which is in accordance with Australian Standard 1756 and, unless otherwise approved, has an integral fluted drainer, not less than 300 mm in length, extending on at least one side of the sink and graded to permit the surface water to drain into the sink;\n\n(c) a wood, gas or electric cooking appliance or any combination of those appliances, consisting of an oven and hot plates installed in accordance with the manufacturer’s specifications and the Building Code of Australia, Part G2 as at 14 June 1993; and\n\n(d) in the case of residential premises construction of which is completed on or after the date of commencement of the *Health (Rottnest Island) Amendment By‑laws 1993*, a ventilation canopy or mechanical exhaust fan which complies with Australian Standard AS 1668.2‑1991 entitled “The use of mechanical ventilation and air‑ventilation for acceptable indoor‑air quality” and effectively arrests all steam, effluvia, fumes, odours and moke from cooking and discharges it directly to the atmosphere at a point not more than 300 mm from the ceiling.\n\n(2) A sink without a drainer may be fixed adjacent to a sink with a drainer, provided the distance between the 2 sinks is not more than 50 mm, and both sinks are inserted in a bench top and securely fixed in position.\n\n(3) The Executive Director, Public Health may in writing exempt the Authority from all or any of the requirements of sub‑bylaw (1) either absolutely or subject to compliance with any condition in respect of any residential premises existing at the commencement of these by‑laws.\n\n(4) An exemption granted under sub‑bylaw (3) shall be signed by the Executive Director, Public Health and shall state —\n\n(a) the residential premises to which the exemption applies;\n\n(b) the requirements of sub‑bylaw (1) to which the exemption relates; and\n\n(c) the period during which the exemption shall apply.\n\n[By‑law 6 amended: Gazette 12 Nov 1993 p. 6144 (correction 23 Nov 1993 p. 6308); 14 Nov 2013 p. 5041.]\n\n##### 7. Water supply\n\n(1) The Authority shall ensure that each residential premises has an adequate water supply by either —\n\n(a) connecting the premises to an established water supply and, in the case of premises under its control, reticulating the water supply to the bathroom and kitchen; or\n\n(b) installing a water storage tank of not less than 4 500 litres capacity with adequate catchment facilities connected thereto, together with, in the case of premises under its control, pipes reticulating the water from the tank to the bathroom and kitchen.\n\n(2) In the case of —\n\n(a) the Rottnest Lodge Resort or the Rottnest Island Hotel, the lessee; or\n\n(b) any premises referred to in by‑law 3, the public authority that has the management of the premises, shall reticulate water from the water supply or tank to each bathroom and kitchen.\n\n(3) The Authority, a lessee or a public authority referred to in sub‑bylaw (2) shall not permit or suffer any residential accommodation under its control or management to be used or occupied to which an adequate water supply is not provided and maintained.\n\n##### 8. Public sanitary conveniences\n\n(1) No person shall foul any portion of a public sanitary convenience on the Island.\n\n(2) No person shall stand upon any portion of a public sanitary convenience on the Island other than the floor.\n\n(3) The Authority shall provide every public sanitary convenience on the Island with a sufficient amount of natural light.\n\n(4) The Authority shall ensure that every public sanitary convenience on the Island is cleaned at least once daily or as directed by the Executive Director, Public Health.\n\n##### 9. Maintenance of sanitary conveniences\n\n(1) The occupier of premises shall ensure that every water closet and hand basin on the premises when in use has an adequate supply of water.\n\n(2) The occupier of premises shall —\n\n(a) maintain all work and services, fixtures, fittings and mechanisms that form part of or are appurtenant to sanitary conveniences or to bathroom or laundry facilities on those premises in good condition and available for use;\n\n(b) maintain all sanitary conveniences and all works, fixtures, fittings, pipes and drains on those premises in a clean condition.\n\n## Part 3 — Refuse removal\n\n### Division 1 — Premises other than building sites\n\n##### 10. Definitions\n\nIn this Division, unless the contrary intention appears —\n\n  occupier for the purposes of by‑laws 12 and 13 means a person in occupation of premises, and includes —\n\n(a) a casual resident as described in regulation 9(1)(c) of the *Rottnest Island Regulations 1988*; and\n\n(b) the lessee of the Rottnest Lodge Resort and of the Rottnest Island Hotel, but does not include the Authority;\n\n  receptacle means a water‑tight metal container not less than 0.55 millimetres thick with a capacity of not less than 70 litres and not more than 110 litres which has a tight‑fitting lid with a flange overlapping the top of the container, or other approved type of refuse disposal container.\n\n##### 11. Keeping of receptacles\n\n(1) The occupier of premises used as a single residence shall keep a receptacle upon the premises located in such position as is approved by a health surveyor.\n\n(2) Where premises are used otherwise than for occupation as a single residence, the occupier and, in the case of Kingstown Environment Centre, the Authority shall if directed in writing by the Executive Director, Public Health —\n\n(a) provide a suitable enclosure for the storage and cleaning of receptacles on the premises;\n\n(b) install in the enclosure a tap connected to an adequate supply of water;\n\n(c) keep the enclosure thoroughly cleansed and disinfected.\n\n(3) For the purposes of this by‑law suitable enclosure means an enclosure —\n\n(a) of sufficient size to accommodate all receptacles used on such premises, but in any case having a floor area of not less than 5 square metres;\n\n(b) constructed of brick, concrete or other approved material;\n\n(c) having walls of not less than 1.8 metres in height and having an accessway of not less than 1 metre in width and fitted with a self closing gate;\n\n(d) containing a smooth and impervious floor of not less than 75 millimetres thickness;\n\n(e) having a floor which is evenly graded and adequately drained; and\n\n(f) which is easily accessible to allow for the removal of the containers.\n\n##### 12. Refuse to be deposited in receptacles\n\nThe occupier of premises shall —\n\n(a) subject to paragraph (c), cause all refuse to be deposited in a receptacle;\n\n(b) at all times keep the lid of the receptacle tightly closed except when depositing refuse;\n\n(c) not deposit or permit to be deposited in a receptacle —\n\n(i) hot or burning ash;\n\n(ii) oil, motor spirit or other flammable liquid;\n\n(iii) liquid, paint or solvent;\n\n(iv) bricks, concrete, building rubble, earth or other like substances;\n\n(v) drugs, dressings, bandages, swabs or blood samples, unless first wrapped in non‑absorbent or impervious material or placed in a sealed impervious container;\n\n(vi) hospital, medical, veterinary, laboratory or pathological substances containing blood;\n\n(vii) syringes, needles, surgical hardware, broken glass or other sharp objects, unless first wrapped in non‑absorbent or impervious material or placed in a sealed impervious container;\n\n(viii) sewage, manure, nightsoil or urine;\n\n(ix) any object which is greater in length, width or breadth than the corresponding dimensions of the receptacle or which will not allow the lid of a receptacle to be tightly closed; or\n\n(x) rubbish or refuse which is or is likely to become offensive or a nuisance or to give off an offensive or noxious odour or to attract flies or cause fly breeding unless it is first wrapped in non‑absorbent or impervious material or placed in a sealed impervious container.\n\n##### 13. Maintenance of receptacles\n\n(1) The occupier of premises shall —\n\n(a) not disfigure a receptacle in any manner;\n\n(b) take all reasonable steps to prevent the emission of offensive and noxious odours from a receptacle;\n\n(c) keep a receptacle in a clean condition and free of vermin; and\n\n(d) ensure that a receptacle does not cause a nuisance to the occupiers of adjoining premises.\n\n(2) Every person who is liable to comply with by‑law 11(2) shall whenever directed by a health surveyor to do so, thoroughly cleanse, disinfect and deodorise all receptacles on the premises.\n\n(3) No person other than the Authority or its contractor shall —\n\n(a) damage or destroy a receptacle; or\n\n(b) except as authorised by a health surveyor, remove any receptacle from any premises.\n\n##### 14. Collection of refuse\n\n(1) A person, other than the Authority or its contractor, shall not unless he is authorised by the Executive Director, Public Health to do so remove any refuse from any premises.\n\n(2) The Authority shall ensure that all household and food refuse and putrescible and offensive waste are removed and disposed of at least 3 times per week.\n\n(3) The Authority shall cause all refuse removed to be taken to and disposed of at an approved refuse disposal site.\n\n##### 15. Method of disposal of refuse\n\n(1) The Authority shall ensure that all refuse deposited at an approved refuse disposal site is —\n\n(a) distributed in such a manner that no layer of refuse is deeper than 1.8 metres; and\n\n(b) covered each day with a layer of earth at least 230 millimetres deep.\n\n(2) A person shall not in or upon a refuse disposal site —\n\n(a) deposit any refuse other than at a position or within a building designated by an employee of the Authority or as indicated by signs erected on the site;\n\n(b) interfere with or remove any material or thing unless that person has been authorised to do so by the Executive Director, Public Health;\n\n(c) light a fire or cause to be burnt any refuse without the approval of the Executive Director, Public Health and in compliance with any condition imposed by him;\n\n(d) deposit any refuse or material which, or of a kind which, has been notified to him by the Executive Director, Public Health or a health surveyor, as being of a dangerous or hazardous nature or which the Executive Director, Public Health or a health surveyor directs such person not to deposit on the site.\n\n##### 16. Disposal of refuse from vessels\n\nNo person shall from any vessel discharge or deposit solid refuse in the waters of the Island.\n\n##### 17. Refuse disposal sites to be fenced\n\nThe Authority shall to the satisfaction of the Executive Director, Public Health —\n\n(a) fence every refuse disposal site; and\n\n(b) provide every such site with litter control barriers.\n\n### Division 2 — Building sites\n\n##### 18. Definitions\n\nIn this Division, unless the contrary intention appears —\n\n  builder means any person employed to erect or demolish any building or alter any building;\n\n  building site includes the place of erection or demolition of a building on the Island or of any alteration to any building on the Island; and\n\n  refuse includes all kinds of refuse, junk, garbage or scrap or any article or material abandoned or unwanted by the builder or the person for whom work is undertaken by the builder.\n\n##### 19. Responsibilities of builder\n\nA builder shall in respect of a building site ensure that —\n\n(a) an adequate refuse disposal bin, approved by the Executive Director, Public Health is provided on the building site;\n\n(b) all refuse on the site is deposited in the bin so provided;\n\n(c) any loose building materials or refuse are not permitted to be blown from the building site;\n\n(d) on completion of work the building site is completely cleared of all refuse to the satisfaction of a health surveyor; and\n\n(e) on completion of work or whenever necessary, the refuse disposal bin is removed and the contents are disposed of in accordance with the requirements of the Executive Director, Public Health.\n\n## Part 4 — Waste water\n\n##### 20. Definitions\n\nIn this Part, unless the contrary intention appears —\n\n  liquid waste means faecal matter or urine and any waste composed wholly or in part of liquid;\n\n  sullage means liquid waste from bathrooms, laundries and kitchens, including floor wastes from those sources;\n\n  waste water means liquid waste, sullage, and any other liquid discharge from premises, vessels or any liquid waste disposal system associated with premises, but does not include surface runoff as a result of rain or hail.\n\n##### 21. Disposal of waste water\n\n(1) No person shall discharge or deposit any waste water, or cause or permit it to be discharged or deposited, on the surface of any land.\n\n(2) The Authority shall make adequate provision for the disposal of waste water on the Island by means of —\n\n(a) a sewerage system; or\n\n(b) an approved system in accordance with the *Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974* 1,\n\nand shall at all times maintain any such system in good working order.\n\n(3) No person shall dispose of waste water within the limits of the land of the Island otherwise than by one of the methods described in sub‑bylaw (2).\n\n##### 22. Removal of waste water\n\n(1) No person shall carry out or undertake the collection, removal or disposal of waste water except under the authority of, and in accordance with the terms and conditions of, an approval in writing of the Executive Director, Public Health to do so.\n\n(2) Any person to whom approval has been given by the Executive Director, Public Health shall at least 24 hours before collecting, removing or disposing of waste water notify the Authority of his intention to do so.\n\n##### 23. Removal of liquid waste\n\nA person who undertakes the collection and removal of liquid waste from a septic tank apparatus for the bacteriolytic treatment of sewage shall —\n\n(a) remove the entire contents of the septic tanks, wash down the walls and base of such tanks and thoroughly wash out square junctions in the tanks;\n\n(b) where leach drains or soak wells are provided as receptacles for drainage, completely empty the leach drains or soak wells and thoroughly wash out all crevices between segments with a high pressure jet of water or by using approved methods for restoring the satisfactory function of such leach drain or soak well;\n\n(c) cause the bottom of soak wells or leach drains to be emptied to the level of the bottom of the first course of segments and the soil on the bottom of such wells or drains to be completely turned over;\n\n(d) report to the Authority any defective drain which cannot be thoroughly cleaned or any broken lids, square junctions or pipework, or any collapsed soak wells or leach drains;\n\n(e) replace all lids so that the inspection openings are positioned over the inlet and outlet of septic tanks and soak wells;\n\n(f) completely seal the lids of all septic tanks, the halving joint of soak wells, and exposed joints of standard leach drains with a mortar mix not less than 1:6 (cement:sand);\n\n(g) minimize disturbance to the premises and restore them as nearly as is practicable to the original condition; and\n\n(h) not permit the pump out of waste water from any one tank, soak well or leach drain to the exclusion of other septic tanks, soak wells or leach drains situated on the same premises and connected to the same apparatus for bacteriolytic treatment of sewage unless permitted to do so by a health surveyor.\n\n## Part 5 — General health provisions\n\n##### 24. Air space in sleeping rooms\n\n(1) The person who is in occupation of any premises, including a casual resident, shall ensure that no sleeping room in the premises is occupied by such a number of persons that for every person over the age of 10 years there is less than 13 cubic metres of air space, and for every person under the age of 10 years, there is less than 8 cubic metres of air space.\n\n(2) The Authority and the lessee of the Rottnest Lodge Resort and of the Rottnest Island Hotel shall each take all reasonably practicable steps to ensure that sub‑bylaw (1) is not contravened in any premises under its control.\n\n##### 25. Premises to be kept in good repair\n\nThe occupier of premises shall maintain the premises in sound condition and fit for use and in particular shall —\n\n(a) maintain all roofs, and where provided, guttering and downpipes in sound weatherproof condition;\n\n(b) repair any foundations and walls, either external or internal, which are unsound by reason of fretting, cracking, dampness or other defect;\n\n(c) replace any missing, broken, decayed or ant‑eaten timber in any verandah, roof, walls, steps, handrails, floors or their supports with material of sound merchantable quality;\n\n(d) make good any defective brick, stone, mortar or cement work;\n\n(e) repair or replace any flashings or ant stops which are missing or defective;\n\n(f) maintain all ventilators in good order and repair;\n\n(g) maintain all floors even in surface and free from cracks;\n\n(h) maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and fittings complete and with smooth unbroken surfaces;\n\n(i) maintain all doors and windows in good working order and weatherproof condition;\n\n(j) retain all natural lighting free from any obstruction which would reduce the natural lighting below the ratio of 0.1 square metre of lighting to each one square metre of floor area; and\n\n(k) maintain all electric wiring and fittings in such state of repair and condition as shall comply in all respects with all of the requirements of the Australian Standard CC1, Part 1 SAA Wiring Rules.\n\n##### 26. Keeping of poultry\n\nA person who keeps poultry on the Island shall —\n\n(a) not keep the poultry in an open yard;\n\n(b) not keep more than 20 birds in any one premises;\n\n(c) keep the poultry in a shed or house designed to permit the use of a deep litter system;\n\n(d) ensure that the house or shed is designed and constructed to at least the following specifications —\n\n(i) the floor is of concrete 50 mm thick with smooth cement rendered finish;\n\n(ii) frames are of timber (treated for termites), steel, brick or other approved materials;\n\n(iii) cladding is of sheet metal, brick or weather‑board or other materials approved by a health surveyor;\n\n(iv) the roof is of corrugated iron, tiles, sheet metal or other materials approved by a health surveyor; and\n\n(v) the roof has sufficient slope to shed storm water;\n\n(e) ensure that the house or shed in which the poultry is kept —\n\n(i) is designed and constructed in a sound and weatherproof manner and to a sufficient height to allow easy entry for cleaning;\n\n(ii) is of a size to allow at least .3 square metres for each bird kept in the shed;\n\n(iii) has adequate ventilation to the shed during hot weather;\n\n(iv) is kept clean and in good condition at all times;\n\n(v) is cleaned and disinfected in accordance with any direction given by a health surveyor;\n\n(vi) has its floor covered by a layer of sawdust that —\n\n(A) is at least 75 mm deep;\n\n(B) is kept dry at all times; and\n\n(C) is changed at least once every 6 months or when directed by a health surveyor;\n\nand\n\n(vii) is not nearer than one metre from the boundary of land in other occupation or 10 metres from any dwelling house or 10 metres from a road upon which a side boundary abuts.\n\n##### 27. Mosquito eradication and reduction\n\n(1) The occupier of premises shall keep such premises free of stagnant water liable to breed mosquitoes.\n\n(2) For the purpose of sub‑bylaw (1) the presence of mosquito larvae in any collection of water wherever situated shall be sufficient evidence that such water is stagnant.\n\n(3) The occupier of premises shall —\n\n(a) keep all fountains, pools, ponds, or excavations made for any purpose whatever, which contain water —\n\n(i) stocked with mosquito‑destroying fish; or\n\n(ii) covered with a film of petroleum oil;\n\n(b) carry out an effective larviciding or spraying programme designed to control mosquitoes; or\n\n(c) employ such other means to control mosquitoes as are approved by the Executive Director, Public Health.\n\n(4) The occupier of premises, including a casual resident, shall keep the premises free of refuse likely to become the breeding place of mosquitoes.\n\n(5) The occupier of premises shall protect any tank, well, cistern, vat or barrel on the premises with a mosquito‑proof cover, and all openings other than the delivery exit shall be screened with mosquito‑proof netting to the satisfaction of a health surveyor.\n\n(6) The occupier of premises shall cause the eaves, gutters and downpipes of the premises to be maintained —\n\n(a) in good repair; and\n\n(b) free of obstruction,\n\nto prevent the accumulation of water therein and to permit the ready passage of water from the roof.\n\n(7) The occupier of any premises where water is kept in poultry drinking vessels, washing tubs and other receptacles shall frequently change such water and keep the vessels clean and free from vegetable matter and slime.\n\n(8) The occupier of premises shall when so required by a health surveyor cut down and remove any undergrowth or vegetation on the premises that is likely to harbour mosquitoes.\n\n(9) The Authority shall, if required by the Executive Director, Public Health, effectively drain land upon which there is water likely to become a breeding place for mosquitoes and for that purpose shall to the satisfaction of the Executive Director, Public Health —\n\n(a) make such drains on the land as may be necessary for effectively draining it;\n\n(b) fill up all irregularities in the surface of such land;\n\n(c) adjust the surface thereof, and if necessary raise the level of the surface in such a manner —\n\n(i) that the water on the land may flow into the drains without obstruction;\n\n(ii) that no water shall remain on any portion of the land, other than in the drains.\n\n(10) All drains made under sub‑bylaw (9) shall be kept by the Authority in good order and free from obstruction.\n\n##### 28. Rodents\n\n(1) The occupier of premises shall at all times take effective action to destroy any rats or mice on the premises.\n\n(2) The occupier of premises, including a casual resident, shall not place, throw, leave or suffer to remain on the premises any refuse, waste food, or other waste matter or thing which would have a tendency to encourage or attract rats to visit or frequent premises, or to afford shelter for rats.\n\n(3) The occupier of premises shall ensure that materials on the premises are stacked, stored, arranged or protected in such a way as not to afford shelter for rats.\n\n(4) The occupier of premises shall not keep or allow to remain on premises any refuse, waste food, edible trade waste, or food intended for birds or other animals, or similar material, unless it is contained in rat‑proof receptacles or compartments which are kept effectively covered or closed against access by rats.\n\n(5) The occupier of premises shall ensure that every opening from or into any covered drain or sewer within the curtilage of the premises, and every opening from or into any pipe, covered conduit, or covered channel (whether or not used for drainage) which affords or is likely to afford access or shelter for rats shall be so trapped or otherwise protected as to prevent the passage of rats.\n\n(6) A covered drain, covered sewer, pipe, covered conduit, or covered channel that is disused and that affords or is likely to afford access, or shelter for rats shall, upon notice to that effect being given by a health surveyor to the occupier of the premises, be taken up, repaired, blocked, or otherwise dealt with in the manner specified in such notice, as to prevent access or shelter for rats.\n\n(7) If in any premises the floors, skirting, wainscots, walls, partitions, ceilings or like internal fittings are so constructed or are in such a condition as to permit access or shelter for rats, the occupier of the premises shall, if directed by the Executive Director, Public Health to do so and within the time specified by him, cause the same to be removed, refitted, reconstructed, altered or repaired so as to prevent, as far as is practicable, access or shelter, for rats in, under, or about the premises.\n\n(8) A retaining wall, embankment, structure, improvement, or work of any kind or any formation, whether natural or artificial which provides or is likely to provide the means of access or shelter for rats shall, upon a notice to that effect being given by a health surveyor to the occupier of premises, be removed, reconstructed, repaired, or altered in the manner specified in the notice so as to prevent, as far as is practicable, access or shelter for rats.\n\n(9) The occupier of premises where food is manufactured, prepared, stored, packed or kept for sale, or of a merchandise store, shall, upon notice to do so being given by a health surveyor or to him, protect, alter, or refit the premises in accordance with the notice so as to effectively prevent rats from gaining access to or sheltering in, under, or about premises.\n\n(10) The occupier of premises referred to in sub‑bylaw (9) shall protect all supplies or collections of water on the premises to which rats may have access so as to prevent such access.\n\n(11) The occupier of every premises referred to in sub‑bylaw (9) shall —\n\n(a) have and maintain within the premises —\n\n(i) rodenticide baits of an approved type in such quantities as may be directed by a health surveyor for the destruction of all rodents on the premises; or\n\n(ii) rat traps of an approved kind or pattern in such number as may be directed by a health surveyor for the destruction of all rodents on the premises;\n\n(b) use and maintain such other reasonable means for the capture and destruction or for the destruction of rats as a health surveyor may direct; and\n\n(c) where in the opinion of a health surveyor, the methods described in paragraphs (a) and (b) are ineffective for the destruction of all rats on the premises engage an approved pest control operator for the destruction of rats on the premises.\n\n(12) The occupier of premises, other than those referred to in sub‑bylaw (9) shall, whenever there are indications of the presence of rats in or about the premises and while such indications continue —\n\n(a) have and maintain within the premises —\n\n(i) rodenticide bait of an approved type and in such quantities as are required for the destruction of all rodents on the premises;\n\n(ii) rat traps of an approved kind or pattern and in such number as are required for the destruction of all rodents on the premises;\n\n(b) use and maintain such other reasonable means for the capture and destruction or for the destruction of rats as a health surveyor may direct.\n\n(13) The occupier of premises shall inspect daily any rat trap provided on the premises under this by‑law and shall place fresh bait in the trap at least twice in each week and except when baiting or removing rats from the trap, shall at all times keep every such trap set effectively for trapping rats.\n\n(14) The occupier of every premises on which a rodent is destroyed by any means referred to in this by‑law shall dispose of such carcasses at an approved place and in such manner as will not create a nuisance.\n\n(15) The Authority shall ensure that all jetties and wharves, including all sheds and other buildings thereon, are protected so as to prevent rats from gaining access thereto, at any state of the tide, from vessels moored or anchored alongside the same.\n\n(16) A person who keeps any goods liable to attract rats on any jetty or wharf shall protect the goods from access by rats.\n\n(17) The presence of rat holes, rat runs, fresh rat dung, or other signs of rat infestation in any premises, jetty, wharf, land, or place is evidence that this by‑law has not been complied with.\n\n[Part 6 (r. 29‑51) deleted: Gazette 23 Oct 2009 p. 4161.]\n\n[Part 7 (r. 52 and 53) deleted: Gazette 23 Oct 2009 p. 4161.]\n\n## Part 8 — Laundries and laundry depots\n\n##### 54. Laundries\n\n(1) The occupier of laundry premises shall —\n\n(a) cause all the liquid wastes produced upon the premises to be collected and conducted by impervious channels or drains to a trapped drain inlet or some other approved receptacle, or to be disposed of as a health surveyor may direct;\n\n(b) cause every floor or pavement, and every wall of any building upon the premises to be kept at all times in good order and repair so as to prevent the absorption of any liquid which may be splashed or spilled, or may fall or be deposited on the floor or pavement;\n\n(c) provide a reception room in which all articles brought to the premises for laundering shall be received, and not use that room or permit it to be used for the storage, temporarily or otherwise, of any food;\n\n(d) not use any of the workrooms of the premises for sleeping purposes or permit them to be so used;\n\n(e) provide a separate area for soiled and clean articles; and\n\n(f) cause such articles as may be directed by a health surveyor to be thoroughly disinfected to the satisfaction of that officer.\n\n(2) In sub‑bylaw (1) laundry premises means any premises where a laundry business is carried on.\n\n##### 55. Laundry depots\n\n(1) The occupier of any premises shall not use or permit to be used such premises as a receiving depot for a laundry or a dry cleaning establishment except with the approval in writing of the Executive Director, Public Health.\n\n(2) The Executive Director, Public Health may grant such an approval subject to compliance with any condition.\n\n(3) The Executive Director, Public Health may revoke an approval under sub‑bylaw (1) if any condition of the approval is not observed or if in his opinion the use, or the manner of use, of the premises as a receiving depot constitutes a risk to health.\n\n## Part 9 — Offences\n\n##### 56. Offences and penalties\n\n[(1) deleted]\n\n(2) A person who is required by any provision of these by-laws to do anything or refrain from doing anything and who fails to comply with that provision commits an offence and is liable to —\n\n(a) a fine that is not more than $1 000 and not less than —\n\n(i) in the case of a first offence, $100;\n\n(ii) in the case of a second offence, $200; and\n\n(iii) in the case of a third or subsequent offence, $500;\n\nand\n\n(b) if the offence is a continuing offence, a daily penalty which is not more than $100 and not less than $50.\n\n[By-law 56 amended: Gazette 23 Oct 2009 p. 4161.]\n\n[Schedule 1 and 2 deleted: Gazette 23 Oct 2009 p. 4162.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Health (Rottnest Island) By-laws 1989* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Health (Rottnest Island) By‑laws 1989* | 11 Aug 1989 p. 2587‑619 | 11 Aug 1989 |\n|  | 25 Jan 1991 p. 279‑80 | 25 Jan 1991 |\n| *Health (Rottnest Island) Amendment By‑laws 1993* | 12 Nov 1993 p. 6143‑5   (correction 23 Nov 1993 p. 6308) | 12 Nov 1993 |\n| *Health (Rottnest Island) Amendment By‑laws 1995* | 27 Jun 1995 p. 2555‑6 | 1 Jul 1995 (see bl. 2) |\n| **Reprint of the *Health (Rottnest Island) By-laws 1989* as at 13 Sep 2002**   (includes amendments listed above) | | |\n| *Health (Rottnest Island) Amendment Local Laws 2009* | 23 Oct 2009 p. 4161‑2 | cl. 1 and 2: 23 Oct 2009 (see cl. 2(a));   Clauses other than cl. 1 and 2: 24 Oct 2009 (see cl. 2(b) and *Gazette* 23 Oct 2009 p. 4157) |\n| *Health (Rottnest Island) Amendment By‑laws 2013* | 14 Nov 2013 p. 5041 | bl. 1 and 2: 14 Nov 2013 (see bl. 2(a));   By-laws other than bl. 1 and 2: 18 Nov 2013 (see bl. 2(b) and *Gazette* 14 Nov 2013 p. 5027) |\n| *Health (Rottnest Island) Amendment Local Laws 2024* | SL 2024/72 1 May 2024 | cl. 1 and 2: 1 May 2024 (see cl. 2(a));   Local laws other than cl. 1 and 2: 4 Jun 2024 (see cl. 2(b)) |\n\n\nOther notes\n\n1 Formerly referred to the *Bacteriolytic Treatment of Sewage and Disposal of Effluent and Liquid Waste Regulations* the citation of which was changed to the *Treatment of Sewage and Disposal of Effluent and Liquid Waste Regulations* by the *Treatment of Sewage and Disposal of Effluent and Liquid Waste Amendment Regulations 1992* r. 4 and then to the *Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974* by the *Treatment of Sewage and Disposal of Effluent and Liquid Waste Amendment Regulations (No. 2) 1997* r. 5. The reference was changed under the *Reprints Act 1984* s. 7(3)(gb).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAct 2\n\napproved 2\n\nAuthority 2\n\nbuilder 18\n\nbuilding site 18\n\ncasual resident 2\n\nhealth surveyor 2\n\nIsland 2\n\nlaundry premises 54(2)\n\nliquid waste 20\n\noccupier 2, 10\n\npremises 2\n\npublic authority 3(3)\n\nreceptacle 10\n\nrefuse 18\n\nsuitable enclosure 11(3)\n\nsullage 20\n\nwaste water 20\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was retrievable. The URL has been taken down following a system upgrade to the Western Australian legislation website."},"complexity_factors":["No legislative text was available for analysis — the source page returned a 'no longer available' error","Unable to assess provisions, definitions, obligations, or penalties","Score of 1 reflects absence of content, not simplicity of the law itself"],"plain_english_summary":"The Health (Rottnest Island) By-laws 1989 are local rules made under a broader Act governing health-related matters on Rottnest Island. Though the full text isn’t available here, they would affect visitors, residents and island operators by regulating public-health issues (e.g., sanitation, food, water) in the island’s unique environment. Because they date from 1989, check the Parliamentary Counsel’s Office for the current, authoritative version and any amendments or repeal."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument’s scope has been altered since 1989 by later amendments and deletions. Notably, Part 6 (r.29–51) and Part 7 (r.52–53) were deleted (Gazette 23 Oct 2009 p.4161) and by‑law 4 was deleted (SL 2024/72 cl.4). Amendments across 1993–2013 updated technical standards and added delegated powers and exemptions (e.g. by‑law 6(3)). These changes remove some original provisions and update technical and administrative duties, shifting practical obligations and enforcement discretion."},"complexity_factors":["Multiple obligated actors (Authority, occupiers, lessees, builders) with different duties across provisions","Frequent cross‑references to external Acts, Regulations and Australian Standards (e.g. Building Code of Australia, AS 1668.2‑1991)","Significant delegated discretion to the Executive Director, Public Health and health surveyors (approvals, exemptions, directions)","Numerous technical and numeric requirements (water tank capacities, air‑space per person, refuse cover depths, sink/drainer specs)","Layered enforcement regime with escalating fines and daily penalties (by‑law 56)","Deleted and amended Parts over time (creates interpretive history to track current scope and application)","Detailed operational procedures (e.g. septic tank pump‑out, refuse site management) that raise compliance and inspection burdens"],"plain_english_summary":"These by‑laws set mandatory public‑health rules for Rottnest Island covering toilets, kitchens, water supply, refuse and wastewater disposal, pest control, laundries and building‑site waste. They allocate duties and costs to the Rottnest Island Authority, occupiers, lessees and builders and create offences with escalating fines. \n\nOperational choices, approvals and exemptions are given to the Executive Director, Public Health and health surveyors (see by‑laws 6, 3, 11–15, 21, 56). Non‑compliance imposes direct costs on occupiers and the Authority and creates ongoing daily penalties while allowing administrative discretion over enforcement and technical standards."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has shrunk significantly from its original scope. Parts 6 and 7 (by-laws 29-53) were deleted in 2009, along with Schedules 1 and 2. The compilation table suggests these were substantial deletions. Additionally, by-law 4 was deleted in 2024. The current instrument is a reduced version focused on core sanitation, waste, and pest control functions, having shed whatever regulatory content was in the deleted Parts (likely covering food safety, shops, or other health matters given the numbering gap between Part 5 and Part 8)."},"complexity_factors":["18 defined terms across the instrument, with some terms having multiple definitions in different contexts (e.g., 'occupier' is defined differently in by-law 2 and by-law 10)","Multiple responsible parties identified for similar obligations (Authority, lessees, public authorities, occupiers, casual residents) creating overlapping duties","Specific technical measurements throughout (e.g., 3.6m distance between toilet entrances, 230mm earth cover for refuse, 0.55mm metal thickness for bins, 13 cubic metres air space)","Cross-references to external standards (Building Code of Australia 1993, Australian Standards AS 1756, AS 1668.2-1991, CC1 Part 1) and other regulations (Rottnest Island Regulations 1988, Health (Treatment of Sewage) Regulations 1974)","Deleted provisions creating gaps in numbering (Parts 6 and 7 deleted, by-law 4 deleted, Schedule 1 and 2 deleted) which can confuse navigation","Nested conditions and exemptions (e.g., by-law 6(3) allows exemptions from kitchen standards subject to conditions)","Specific exceptions for particular entities (Rottnest Lodge Resort and Rottnest Island Hotel treated differently from other premises in multiple provisions)"],"plain_english_summary":"These are Western Australian health regulations that apply specifically to Rottnest Island (the popular tourist destination off Perth). They set out basic hygiene and sanitation rules for accommodation, waste disposal, and pest control on the island.\n\n**Who it affects:**\n- The **Rottnest Island Authority** (the government body running the island)\n- **Lessees** of major accommodation (Rottnest Lodge Resort and Rottnest Island Hotel)\n- **Occupiers** of premises (tenants, residents, and casual visitors staying on the island)\n- **Builders** doing construction work\n- **Public authorities** managing government buildings on the island\n\n**What it does:**\n\n**Accommodation standards:**\n- Requires toilets, hand basins, and kitchens in residential buildings\n- Mandates specific ratios (1 toilet per 15 people)\n- Requires adequate water supply (either connected to mains or 4,500L tank minimum)\n- Sets minimum air space in bedrooms (13 cubic metres per adult, 8 per child)\n\n**Waste and refuse:**\n- Requires approved bins for household waste (70-110 litre metal containers with tight lids)\n- Bans dangerous items from bins (hot ash, chemicals, medical waste, syringes)\n- Requires refuse collection at least 3 times per week\n- Sets rules for building site waste\n- Prohibits dumping refuse from boats into island waters\n\n**Wastewater:**\n- Bans surface discharge of wastewater\n- Requires connection to sewerage or approved septic systems\n- Regulates how septic tanks must be pumped out and cleaned\n\n**Health and pest control:**\n- Requires mosquito control (removing stagnant water, using mosquito-proof covers on tanks)\n- Extensive rat control measures (trapping, baiting, proofing buildings)\n- Limits on keeping chickens (max 20 birds, specific shed requirements)\n- Requires premises to be kept in good repair\n\n**Laundries:**\n- Sets hygiene standards for commercial laundries\n- Requires approval for laundry receiving depots\n\n**Penalties:**\n- Fines from $100 to $1,000 for offences, plus daily penalties for continuing breaches\n\n**Why it matters:**\nRottnest Island is a fragile ecosystem with limited infrastructure and a high volume of tourists. These rules prevent disease outbreaks, protect the environment (especially the marine environment), and ensure basic living standards in an isolated location where medical help may be delayed."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/health-rottnest-island-by-laws-1989","history":"/api/acts/health-rottnest-island-by-laws-1989/history","analysis":"/api/acts/health-rottnest-island-by-laws-1989/analysis","conflicts":"/api/acts/health-rottnest-island-by-laws-1989/conflicts","importantCases":"/api/acts/health-rottnest-island-by-laws-1989/important-cases","documents":"/api/acts/health-rottnest-island-by-laws-1989/documents"}}