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Public and Environmental Health Act 2011
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4 Definitions
In this Act:
acting in an official capacity, in relation to an authorised officer,
means the officer is exercising powers or performing functions
under this Act or exercising powers or performing functions
otherwise related to the administration of this Act.
Administering Agency register, see section 125(1).
affected person, see section 104(2).
approved form means a form approved under section 124.
authorised officer, see section 76(1).
business includes:
(a) the provision of services on a commercial or non-commercial
basis; and
(b) a profession, trade or occupation.
Chief Health Officer means the person holding or occupying the
office of Chief Health Officer established by section 66.
CHO is an acronym for Chief Health Officer.
COVID-19 means the Coronavirus disease named "COVID-19" by
the World Health Organization.
declared activity means an activity declared under section 9(1) to
be a public health risk activity.
emergency declaration means a declaration of a public health
emergency made under section 48.
enforcement agency means an enforcement agency appointed
under section 70.
environmental health means the aspects of human health
determined by the physical, chemical, biological and social factors
in the environment.
forfeited thing, see section 98(1).
guideline means a guideline in force under section 101.
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health information, see section 4 of the Information Act 2002.
health information register, see section 65(1).
inquirer, see section 39(1).
misleading information means information that is misleading in a
material particular or because of the omission of a material
particular.
mobile operator, for a registered business, means an individual
(whether the proprietor of the business or the agent or employee of
the proprietor) who conducts operations of the business that involve
carrying out a declared activity away from the place registered as
the place on which the declared activity is carried out.
occupier, of a place, includes the following:
(a) a person who is in charge of or manages a business
conducted at the place, whether or not the person is the
proprietor of the business;
(b) a person who occupies or controls the place, whether or not
the person owns the place;
(c) if different parts of the place are occupied by different
persons – a person who occupies or controls a part of the
place, whether or not the person owns the place or part of the
place.
owner, of a place, includes the following:
(a) a person who is the proprietor of a business conducted at the
place;
(b) a person who manages the place as the agent of the owner;
(c) a mortgagee in possession of the place who has assumed
active management of some or all of the activities carried out
at the place.
place includes the following:
(a) vacant land;
(b) premises;
(c) a vehicle;
(d) a body of water;
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(e) a part of a place.
precautionary principle means the principle stated in section 5.
premises includes:
(a) a building or structure; and
(b) a part of a building or structure; and
(c) land on which a building or structure is situated.
proprietor, of a business, means:
(a) the owner of the business; or
(b) a person conducting business for the owner of the business;
or
(c) if a person mentioned in paragraph (a) or (b) cannot be
identified – the person who appears to be in charge of the
business.
public health means the physical, mental and social wellbeing of
the community.
public health notice, see section 29(1).
public health nuisance, see section 25(1) and (2).
public health order, see section 32(1).
public health risk means a risk of harm to public health.
reasonably believes means believes on reasonable grounds.
registered business means a business for which registration has
been granted under section 12 or renewed under section 17.
registration means registration of a business granted under
section 12 or renewed under section 17.
registration notice, for the registration of a business, means a
notice stating the date, terms and conditions of the registration.
residential premises means premises used exclusively or
primarily as a residence, and includes:
(a) a caravan or mobile home; and
(b) a houseboat or other vessel.
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reviewable decision, see section 104(1).
seized thing, see section 89(1).
serious public health risk means a public health risk involving
significant potential harm to public health that:
(a) is of a high impact; or
(b) is on a wide scale; or
(c) is or may be irreversible.
source, of a public health nuisance, see section 25(3).
standard means a standard applying in the Territory, or a stated
part of the Territory, under section 102.
vehicle means anything used for carrying anything or any person
by land, water or air.