NORTHERN TERRITORY OF AUSTRALIA
PUBLIC AND ENVIRONMENTAL HEALTH REGULATIONS 2014
As in force at 3 March 2023
Table of provisions
Part 1 Preliminary matters
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Prescribed fees................................................................................ 3
4A Prescribed maximum fee – CHO's emergency powers ................... 3
4B Prescribed maximum fee – CHO's post-emergency powers:
COVID-19 ........................................................................................ 3
5 Australian/New Zealand Standard ................................................... 3
Part 3 Regulated activities
Division 1 General matters
24 Definitions ........................................................................................ 4
24A Meaning of beauty therapy .............................................................. 5
25 Commercial visitor accommodation ................................................. 6
26 Visitor .............................................................................................. 6
27 Exemption from regulations ............................................................. 6
Division 2 Registration
28 Businesses required to be registered .............................................. 7
29 Application for registration ............................................................... 7
30 Grant or refusal of registration ......................................................... 8
31 Conditions of registration ................................................................. 8
32 Compliance with conditions by proprietor ........................................ 9
33 Term of registration ......................................................................... 9
34 Renewal of registration .................................................................... 9
35 Display of registration notice.......................................................... 10
36 Registration non-transferable ........................................................ 10
37 Variation of conditions of registration............................................. 10
38 Cancellation of registration ............................................................ 11
39 Applying for registration after cancellation ..................................... 12
40 Changes relating to registered business to be notified .................. 12
Division 3 Commercial visitor accommodation
41 Clean linen and towels .................................................................. 13
41A Maintenance of premises .............................................................. 13
Public and Environmental Health Regulations 2014 ii
42 Water and ablution facilities ........................................................... 14
43 Minimum floor area in bedrooms ................................................... 14
Division 4 Hairdressing, beauty therapy and body art
44 Staff to have skills and knowledge in relation to infection
control and prevention procedure .................................................. 15
45 Procedures for use of instruments ................................................. 15
46 Use of instruments in accordance with procedures ....................... 16
47 Instruments must be sterile............................................................ 16
48 Use of needle for skin penetration ................................................. 17
49 Sterilisation and disposal of instruments and other equipment ...... 18
50 Sharps containers.......................................................................... 19
51 Hand washing facilities .................................................................. 19
52 CHO may give directions for hand washing facilities ..................... 19
53 Maintenance of premises .............................................................. 20
Division 5 Major public events
53A Public health infrastructure ............................................................ 20
Part 4 Mosquito control
54 Definitions ...................................................................................... 21
55 Requirement to ensure place is not a breeding ground for
mosquitoes .................................................................................... 21
56 Authorised officer may give directions ........................................... 21
Part 5 Perinatal information
57 Definitions ...................................................................................... 22
58 Collection of perinatal information ................................................. 23
59 Purpose of collection ..................................................................... 23
60 Giving information if episode occurs at a place other than a
pathology service or imaging service ............................................. 23
61 Giving information if notifiable death occurs at a place other
than an imaging service ................................................................. 24
62 Giving information if episode occurs at pathology service ............. 25
63 Giving information if episode occurs at imaging service ................ 26
64 Giving information if notifiable death occurs at imaging service .... 26
65 Registrar of Births, Deaths and Marriages to give information....... 27
66 Further information may be requested........................................... 27
67 Sharing of information ................................................................... 27
68 Other information may be recorded in collection ........................... 28
Public and Environmental Health Regulations 2014 iii
Part 6 Wastewater management
Division 1 General matters
69 Definitions ...................................................................................... 28
71 Exemptions from codes or regulations .......................................... 30
Division 2 Sanitary facilities
72 Sanitary facilities to be installed..................................................... 30
Division 3 Wastewater management system
requirements
73 Installation of wastewater management system ............................ 31
74 Operation, maintenance and servicing of wastewater
management systems ................................................................... 31
89 CHO may give directions ............................................................... 31
Division 4 Product approval for on-site wastewater
management system
91 Application for product approval .................................................... 32
92 Variation of conditions of product approval .................................... 32
93 Term of product approval............................................................... 33
94 Cancellation of product approval ................................................... 34
94A Sale of on-site wastewater management systems......................... 34
95 Register of product approvals ........................................................ 35
Division 5 Wastewater management system notification
96 Notification of installation of wastewater management system ...... 35
Division 6 Recycled water
Subdivision 1 Application of Division
97 Application of Division ................................................................... 36
Subdivision 2 High exposure use
98 High exposure use of recycled water required to be approved ...... 36
99 Application for high exposure use approval ................................... 36
100 Variation of conditions of high exposure use approval .................. 37
100A Term of high exposure use approval ............................................. 38
100B Cancellation of high exposure use approval .................................. 38
100C Register of high exposure use approvals ...................................... 39
Public and Environmental Health Regulations 2014 iv
100D Operation, maintenance and servicing of wastewater
management system supplying recycled water for high
exposure use ................................................................................. 39
Subdivision 3 Low exposure use
100E Notification of intention to supply recycled water for low
exposure use ................................................................................. 40
100F Operation, maintenance and servicing of wastewater
management system supplying recycled water for low
exposure use ................................................................................. 40
Subdivision 4 Notification of intention to cease supply of
recycled water
100G Notification of intention to cease supply of recycled water ............ 41
Part 7 Infringement notice offences
101 Infringement notice offence and prescribed amount payable ........ 41
102 When infringement notice may be given ........................................ 41
103 Contents of infringement notice ..................................................... 42
104 Electronic payment and payment by cheque ................................. 43
105 Withdrawal of infringement notice.................................................. 43
106 Application of Part 7 ...................................................................... 43
Part 8 Repeals and transitional matters
Division 1 Repeals
107 Repeals ......................................................................................... 44
Division 2 Transitional matters for Public and
Environmental Health Regulations 2014
Subdivision 1 General matters
108 Definitions ...................................................................................... 44
Subdivision 2 Transitional matters for wastewater
109 Continuation of existing approval for a septic tank ........................ 44
110 Existing approval application for septic tanks ................................ 45
111 Continuation of existing approvals of installation of septic
tanks .............................................................................................. 45
112 Existing application for approval of installation of septic tanks ...... 45
Public and Environmental Health Regulations 2014 v
Subdivision 3 Transitional matters for hairdressing and
commercial visitor accommodation
113 Continuation of existing hairdressing registration .......................... 46
114 Existing applications for hairdressing registration .......................... 46
115 Continuation of existing commercial visitor accommodation
registration ..................................................................................... 46
116 Existing applications for commercial visitor accommodation
registration ..................................................................................... 47
Subdivision 4 Other matters for beauty therapy and body art
117 Exemption from Part 3 for 6 months .............................................. 47
Division 3 Transitional matters for Public and
Environmental Health Further Amendment
Regulations 2020
118 Approval application for wastewater works design approvals ........ 48
Schedule 1 Prescribed fees
Schedule 5 Infringement notice offences and
prescribed amounts
Schedule 6 Repealed Regulations
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 3 March 2023
PUBLIC AND ENVIRONMENTAL HEALTH REGULATIONS 2014
Regulations under the Public and Environmental Health Act 2011
Part 1 Preliminary matters
1 Citation
These Regulations may be cited as the Public and Environmental
Health Regulations 2014.
2 Commencement
These Regulations commence on 1 July 2014.
3 Definitions
In these Regulations:
Aboriginal and Torres Strait Islander Health Practitioner, for
Part 5, see regulation 57.
beauty therapy, for Part 3, see regulation 24A.
body art, for Part 3, see regulation 24.
breeding ground, for Part 4, see regulation 54.
collection, for Part 5, see regulation 57.
commercial visitor accommodation, for Part 3, see regulation 25.
community wastewater management system, for Part 6, see
regulation 69.
episode, for Part 5, see regulation 57.
high exposure use, for Part 6, see regulation 69.
high exposure use approval, for Part 6, see regulation 69.
Part 1 Preliminary matters
Public and Environmental Health Regulations 2014 2
infringement notice, see regulation 102.
infringement notice offence, see regulation 101(1).
installation, for Part 6, see regulation 69.
instrument, for Part 3, see regulation 24.
low exposure use, for Part 6, see regulation 69.
major public event, for Part 3, see regulation 24.
management, for Part 6, see regulation 69.
midwife, for Part 5, see regulation 57.
mobile operator, for Part 3, see regulation 24.
notifiable death of a child, for Part 5, see regulation 57.
notifiable death of a woman, for Part 5, see regulation 57.
on-site wastewater management system, for Part 6, see
regulation 69.
organiser, for Part 3, see regulation 24.
prescribed amount, see regulation 101(2).
prescribed code for product approval, for Part 6, see
regulation 69.
prescribed code for wastewater management, for Part 6, see
regulation 69.
prescribed code for water recycling, for Part 6, see
regulation 69.
prescribed fee means a fee prescribed under regulation 4.
product approval, for Part 6, see regulation 69.
public health infrastructure, for Part 3, see regulation 24.
recycled water, for Part 6, see regulation 69.
registered business, for Part 3, see regulation 24.
regulated activity, for Part 3, see regulation 24.
sanitary facilities, for Part 6, see regulation 69.
Part 1 Preliminary matters
Public and Environmental Health Regulations 2014 3
sell, for Part 6, see regulation 69.
skin penetration, for Part 3, see regulation 24.
staff, for Part 3, see regulation 24.
technical specifications, for Part 6, see regulation 69.
visitor, for Part 3, see regulation 26.
wastewater, for Part 6, see regulation 69.
wastewater management system, for Part 6, see regulation 69.
wastewater management system notification, for Part 6, see
regulation 69.
water, for Part 4, see regulation 54.
4 Prescribed fees
Schedule 1 prescribes the fees payable for the matters specified in
it.
4A Prescribed maximum fee – CHO's emergency powers
For section 52A(1) of the Act, the prescribed maximum fee is
$10 000.
4B Prescribed maximum fee – CHO's post-emergency powers:
COVID-19
For section 57E(1) of the Act, the prescribed maximum fee is
$10 000.
5 Australian/New Zealand Standard
(1) In these Regulations, a reference consisting of the letters "AS"
followed by a number is a reference to the standard so numbered
published by or for Standards Australia Limited ABN 85 087 326
690.
(2) In these Regulations, a reference consisting of the letters "AS/NZS"
followed by a number is a reference to the standard so numbered
published jointly by or for Standards Australia Limited ABN 85 087
326 690 and Standards New Zealand.
Part 3 Regulated activities
Division 1 General matters
Public and Environmental Health Regulations 2014 4
Part 3 Regulated activities
Division 1 General matters
24 Definitions
In this Part:
beauty therapy, see regulation 24A.
body art means an activity intended to permanently decorate or
adorn a person's skin or permanently alter a person's appearance
other than a surgical or medical procedure.
Examples of body art
Tattooing, ear piercing or body modification.
commercial visitor accommodation, see regulation 25.
instrument means a thing intended to be used to penetrate
another person's skin.
major public event means an event that is:
(a) ticketed or open to the public at a location; and
(b) of a size that is likely to require additional public health
infrastructure given the existing public health infrastructure at
the location.
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 regulated activity away from the place registered as
the place on which the regulated activity is carried out.
organiser, in relation to a major public event, means:
(a) the person that is responsible for organising and carrying out a
major public event; or
(b) if that person cannot be identified – the person in charge of or
apparently in charge of the major public event.
public health infrastructure means fixed or temporary
infrastructure that provides for potable water, wastewater disposal
and ablution facilities.
registered business means a business for which registration has
been granted under regulation 30.
Part 3 Regulated activities
Division 1 General matters
Public and Environmental Health Regulations 2014 5
regulated activity means providing any of the following for
payment or reward:
(a) commercial visitor accommodation;
(b) a place or mobile operator engaging in any of the following:
(i) hairdressing;
(ii) body art;
(iii) beauty therapy.
skin penetration means any process that involves intentional,
non-medical:
(a) piercing, cutting, scarring, branding, scraping, puncturing,
tearing or penetration of the skin, mucous membrane or
conjunctiva of the eye using an instrument; and
(b) removal of, or pulling out, hair by waxing.
staff includes an employee or agent of a person.
visitor, see regulation 26.
24A Meaning of beauty therapy
(1) Beauty therapy is an activity intended to maintain, alter or enhance
a person's appearance other than a cosmetic surgical or medical
procedure undertaken by a health practitioner registered under the
Health Practitioner Regulation National Law.
(2) Examples of beauty therapy include the following:
(a) facial;
(b) body wrap;
(c) exfoliation or microdermabrasion;
(d) manicure or pedicure;
(e) epilation, waxing or threading;
(f) the application of semi-permanent makeup or cosmetic
tattooing.
(3) However, beauty therapy does not include:
(a) spray tanning; or
Part 3 Regulated activities
Division 1 General matters
Public and Environmental Health Regulations 2014 6
(b) the application of cosmetics.
25 Commercial visitor accommodation
A person provides commercial visitor accommodation if:
(a) the person provides temporary accommodation at a place;
and
(b) the provision of the accommodation is not subject to:
(i) a tenancy agreement under the Residential Tenancies
Act 1999; or
(ii) a caravan park site agreement under the Caravan Parks
Act 2012; and
(c) the place is available to be separately booked and hired by
multiple persons at the same time for accommodation; and
(d) the accommodation may accommodate 7 or more visitors.
Examples for regulation 25
A hotel, motel, serviced apartment, road house, wayside inn, lodge, backpacker's
accommodation or hostel.
26 Visitor
(1) A visitor is a person staying in commercial visitor accommodation.
(2) For the purpose of determining the number of visitors occupying a
place:
(a) a single child under 3 years of age is not to be counted; and
(b) 2 children under 3 years of age are to be counted as one
visitor.
27 Exemption from regulations
(1) The CHO may, in writing, exempt a proprietor of a business from a
regulation in this Part.
(2) An application for an exemption must be in the approved form.
(3) The CHO must be satisfied that:
(a) the proprietor's circumstances require the proprietor to be
exempt from the need to comply with the prescribed code or
the regulation; and
Part 3 Regulated activities
Division 2 Registration
Public and Environmental Health Regulations 2014 7
(b) an exemption will not cause or is not likely to cause a serious
public health risk.
(4) The CHO may, if the CHO considers appropriate, grant the
exemption subject to any conditions.
Division 2 Registration
28 Businesses required to be registered
(1) A person commits an offence if:
(a) the person is the proprietor of a business; and
(b) the person, or an employee or agent of the proprietor, carries
out a regulated activity in the conduct of the business; and
(c) the business is not registered under regulation 30 for the
activity before commencing the activity.
Maximum penalty: 40 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
29 Application for registration
(1) An application for the registration of a business must:
(a) be made in the approved form to the CHO by the proprietor of
the business; and
(b) include the following particulars:
(i) the name and address of the proprietor;
(ii) the name under which the business will operate;
(iii) the address of each place where the business will be
conducted;
(iv) the nature and location of business;
(v) if the regulated activity is to be carried out by a mobile
operator – the name and address of the mobile operator;
and
(c) include a set of scaled drawings not less than 1:100 or plans
not less than 1:100 or specifications of where the business is
to be carried out; and
Part 3 Regulated activities
Division 2 Registration
Public and Environmental Health Regulations 2014 8
(d) if the proprietor is a mobile operator or intends to employ a
person to be a mobile operator for the business – include
details of the area where the mobile operator will operate; and
(e) be accompanied by the prescribed fee.
(2) The CHO may request further information from the person making
the application.
(3) The CHO may require an inspection by an authorised officer of the
place where the business is to be conducted before deciding the
application.
(4) The application for registration must be made at least 28 days
before the proprietor intends to commence the regulated activity.
(5) If the proprietor of the business conducts the business from more
than one place, the prescribed fee mentioned in
subregulation (1)(e) applies to each place.
30 Grant or refusal of registration
(1) The CHO must consider the application and decide whether to
register the business.
(2) The CHO must register the business if satisfied the proprietor will:
(a) carry out the regulated activities in a proper way; and
(b) conduct the business in accordance with its registration and
these Regulations.
(3) The CHO must give the proprietor the following:
(a) written notice of the CHO's decision;
(b) if the CHO registers the business – a registration certificate for
the business;
(c) if the CHO refuses to register the business – written notice of
the reasons for the refusal.
31 Conditions of registration
(1) It is a condition of the registration of the business that the proprietor
and any mobile operators for the business comply with these
Regulations.
(2) The CHO may impose any other conditions of registration that the
CHO considers appropriate.
Part 3 Regulated activities
Division 2 Registration
Public and Environmental Health Regulations 2014 9
32 Compliance with conditions by proprietor
(1) A person commits an offence if:
(a) the person is the proprietor of a registered business; and
(b) the registration of the business is subject to a condition; and
(c) the person engages in conduct that results in a contravention
of the condition.
Maximum penalty: 20 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against
subregulation (1) if the defendant establishes a reasonable excuse.
33 Term of registration
The registration of a business remains in force for the period, if any,
stated in the registration notice, unless it is cancelled under
regulation 38.
34 Renewal of registration
(1AA) If a registration notice specifies a period of registration mentioned in
regulation 33, the proprietor of a business may apply to renew the
registration of the business.
(1) An application for the renewal of the registration of a business
must:
(a) be made in the approved form to the CHO by the proprietor of
the business; and
(b) be made before the end of the period of the registration; and
(c) be accompanied by the prescribed fee.
(2) The CHO may require an inspection by an authorised officer of the
place where the business is conducted before deciding the
application.
(3) The CHO must consider the application and decide whether to
renew the registration.
(4) The CHO may impose different conditions on a renewed
registration than those imposed immediately before the renewal.
Part 3 Regulated activities
Division 2 Registration
Public and Environmental Health Regulations 2014 10
(5) The CHO must give the proprietor the following:
(a) written notice of the CHO's decision;
(b) if the CHO renews the registration – a registration notice for
the business;
(c) if the CHO refuses to renew the registration – written notice of
the reasons for the refusal.
35 Display of registration notice
(1) A person commits an offence if:
(a) the person is a proprietor of a registered business; and
(b) the person does not display a copy of the registration notice
for the business conspicuously at each place where the
business is conducted.
Maximum penalty: 10 penalty units.
(2) A person commits an offence if:
(a) the person is a mobile operator of a registered business; and
(b) the person does not carry a copy of the registration notice at
all times the person is carrying out the regulated activity away
from the place registered as the place on which the business
is carried out.
Maximum penalty: 10 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict
liability.
36 Registration non-transferable
The registration of a business is not transferable.
37 Variation of conditions of registration
(1) The CHO may vary the conditions of the registration of a registered
business:
(a) on application of the proprietor to the CHO; or
(b) on the CHO's initiative.
Part 3 Regulated activities
Division 2 Registration
Public and Environmental Health Regulations 2014 11
(2) An application for variation must:
(a) be made in the approved form; and
(b) be accompanied by the prescribed fee.
(3) The CHO must consider the application and decide whether to vary
the conditions of the registration in accordance with the application.
(4) On deciding the application, the CHO must give written notice to the
proprietor of:
(a) the CHO's decision; and
(b) if the CHO refuses the application – the reasons for the
refusal.
(5) Before varying any conditions on the CHO's initiative, the CHO
must give the proprietor written notice:
(a) stating the proposed variation; and
(b) stating the reasons for the variation; and
(c) inviting the proprietor to submit, within a period of not less
than 7 days stated in the notice, reasons why the variation
should not be made.
(6) The CHO may, having considered any submissions of the
proprietor, vary the conditions of the registration as proposed in the
notice or in another way the CHO considers appropriate.
(7) The CHO must, if the CHO varies the conditions under
subregulation (6), give written notice to the proprietor of the
variation.
(8) A variation of conditions of registration takes effect on the date
stated in the notice.
(9) Subregulations (2) to (8) do not apply if the variation is for a formal
or clerical reason that does not alter the effect of the registration.
38 Cancellation of registration
(1) The CHO may cancel the registration of a business:
(a) if a proprietor or a mobile operator for the business
contravenes a condition of the registration; or
Part 3 Regulated activities
Division 2 Registration
Public and Environmental Health Regulations 2014 12
(b) if a proprietor or a mobile operator for the business is found
guilty of an offence against the Act or another law of the
Territory relating to the business; or
(c) for another reason the CHO considers appropriate.
(2) Before cancelling the registration, the CHO must give written notice
to the proprietor:
(a) stating the CHO proposes to cancel the registration; and
(b) stating the reasons for cancellation; and
(c) inviting the proprietor to submit, within the period of not less
than 7 days stated in the notice, reasons why the registration
should not be cancelled.
(3) If, having considered any submissions of the proprietor, the CHO
continues to consider the registration should be cancelled, the CHO
may cancel the registration by written notice to the proprietor.
(4) The notice must state the reasons for the cancellation.
(5) The cancellation takes effect on the date stated in the notice.
39 Applying for registration after cancellation
(1) The cancellation of the registration of a business does not prevent
the proprietor from applying to re-register the same business or
register another business.
(2) However, the proprietor is not entitled to re-register the same
business or register another business within 12 months after the
date the registration was cancelled.
40 Changes relating to registered business to be notified
(1) A person commits an offence if:
(a) the person is a proprietor of a registered business; and
(b) the person does not give the CHO written notice of a change
in any of the following within 14 days after the change occurs:
(i) the proprietor's name or address;
(ii) the name of the business;
(iii) the address of the place where the business is
conducted;
Part 3 Regulated activities
Division 3 Commercial visitor accommodation
Public and Environmental Health Regulations 2014 13
(iv) the name or address of a mobile operator for the
business.
Maximum penalty: 20 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against
subregulation (1) if the defendant establishes a reasonable excuse.
Division 3 Commercial visitor accommodation
41 Clean linen and towels
(1) A proprietor of a business that provides commercial visitor
accommodation commits an offence if the proprietor does not:
(a) provide clean linen and towels for a visitor on the visitor's first
day in the accommodation; and
(b) provide clean linen and towels for a visitor on a weekly basis
from the date of the visitor's first day in the accommodation;
and
(c) remove the linen and towels from the accommodation after the
visitor has left.
Maximum penalty: 20 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
41A Maintenance of premises
(1) A person commits an offence if:
(a) the person is a proprietor of a business that provides
commercial visitor accommodation; and
(b) the premises on which the business is conducted is not
maintained in hygienic condition.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if:
(a) the person is a proprietor of a business that provides
commercial visitor accommodation; and
Part 3 Regulated activities
Division 3 Commercial visitor accommodation
Public and Environmental Health Regulations 2014 14
(b) the premises on which the business is conducted is not in
good repair.
Maximum penalty: 20 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of
strict liability.
(4) It is a defence to a prosecution for an offence against
subregulation (1) or (2) if the defendant has a reasonable excuse.
42 Water and ablution facilities
(1) The CHO may give a proprietor of a business that provides
commercial visitor accommodation directions in relation to the
provision of ablution facilities at the commercial visitor
accommodation.
(2) The proprietor commits an offence if the proprietor does not do all
of the following:
(a) make drinking water available to a visitor for the visitor's
consumption;
(b) provide a continuous supply of water to all flush toilets and
ablution, kitchen or laundry facilities in the commercial visitor
accommodation;
(c) provide ablution facilities in accordance with a direction from
the CHO.
Maximum penalty: 20 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
(4) It is a defence to a prosecution for an offence against
subregulation (2) if the defendant has a reasonable excuse.
43 Minimum floor area in bedrooms
(1) The CHO may give a direction to a proprietor of a business that
provides commercial visitor accommodation in relation to the
minimum floor area of a bedroom provided for a visitor.
(2) A person commits an offence if:
(a) the person is a proprietor of a business that provides
commercial visitor accommodation; and
Part 3 Regulated activities
Division 4 Hairdressing, beauty therapy and body art
Public and Environmental Health Regulations 2014 15
(b) the person does not comply with the CHO's direction in
relation to the minimum floor area of a bedroom provided for a
visitor.
Maximum penalty: 20 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
(4) It is a defence to a prosecution for an offence against
subregulation (2) if the defendant has a reasonable excuse.
Division 4 Hairdressing, beauty therapy and body art
44 Staff to have skills and knowledge in relation to infection
control and prevention procedure
(1) A person commits an offence if:
(a) the person is a proprietor of a business carrying out
hairdressing, beauty therapy or body art; and
(b) the person has not taken reasonable steps to ensure that staff
have the skills appropriate to ensure that the carrying out of a
regulated activity at the business is not likely to pose a health
risk.
Maximum penalty: 20 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
45 Procedures for use of instruments
(1) A person commits an offence if:
(a) the person is a proprietor of a business carrying out beauty
therapy or body art; and
(b) the person does not have procedures in place in the business
that are appropriate to ensure that the use of instruments is
not likely to pose a health risk.
Maximum penalty: 20 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Part 3 Regulated activities
Division 4 Hairdressing, beauty therapy and body art
Public and Environmental Health Regulations 2014 16
46 Use of instruments in accordance with procedures
(1) A person commits an offence if:
(a) the person is either:
(i) a proprietor of a business carrying out beauty therapy or
body art; or
(ii) a member of the staff of the proprietor; and
(b) the person does not use instruments in accordance with the
procedures mentioned in regulation 45(1).
Maximum penalty: 20 penalty units.
(2) A person commits an offence if:
(a) the person is a proprietor of a business carrying out beauty
therapy or body art; and
(b) a member of the staff of the person does not use instruments
in accordance with the procedures mentioned in
regulation 45(1).
Maximum penalty: 20 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict
liability.
(4) It is a defence to a prosecution for an offence against
subregulation (2) if the defendant establishes that the defendant
took all reasonable steps to ensure that members of the
defendant's staff did not engage in the conduct mentioned in
subregulation (2)(b).
47 Instruments must be sterile
(1) A person commits an offence if:
(a) the person is either:
(i) a proprietor of a business carrying out beauty therapy or
body art; or
(ii) a member of the staff of the proprietor; and
(b) the person uses an instrument to penetrate another person's
skin; and
Part 3 Regulated activities
Division 4 Hairdressing, beauty therapy and body art
Public and Environmental Health Regulations 2014 17
(c) the instrument is not sterile at the time of use.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if:
(a) the person is a proprietor of a business carrying out beauty
therapy or body art; and
(b) a member of the staff of the person uses an instrument to
penetrate another person's skin; and
(c) the instrument is not sterile at the time of use.
Maximum penalty: 20 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict
liability.
(4) It is a defence to a prosecution for an offence against
subregulation (2) if the defendant establishes that the defendant
took all reasonable steps to ensure that members of the
defendant's staff did not engage in the conduct mentioned in
subregulation (2)(b) and (c).
48 Use of needle for skin penetration
(1) A person commits an offence if:
(a) the person is either:
(i) a proprietor of a business carrying out beauty therapy or
body art; or
(ii) a member of the staff of the proprietor; and
(b) the person uses a needle for skin penetration; and
(c) the needle has previously been used in a skin penetration
procedure.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if:
(a) the person is a proprietor of a business carrying out beauty
therapy or body art; and
(b) a member of the staff of the person uses a needle for skin
penetration; and
Part 3 Regulated activities
Division 4 Hairdressing, beauty therapy and body art
Public and Environmental Health Regulations 2014 18
(c) the needle has previously been used in a skin penetration
procedure.
Maximum penalty: 20 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict
liability.
(4) It is a defence to a prosecution for an offence against
subregulation (2) if the defendant establishes that the defendant
took all reasonable steps to ensure that members of the
defendant's staff did not engage in the conduct mentioned in
subregulation (2)(b) and (c).
49 Sterilisation and disposal of instruments and other equipment
(1) A person commits an offence if:
(a) the person is either:
(i) a proprietor of a business carrying out hairdressing,
beauty therapy or body art; or
(ii) a member of the staff of the proprietor; and
(b) the person does not dispose of or sterilise an instrument or
other equipment which has penetrated a person's skin, or is
contaminated with bodily fluid, in accordance with
AS/NZS 4815:2006 Office-based health care facilities –
Reprocessing of reusable medical and surgical instruments
and equipment, and maintenance of the associated
environment.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if:
(a) the person is a proprietor of a business carrying out
hairdressing, beauty therapy or body art; and
(b) a member of the staff of the person does not dispose of or
sterilise an instrument or other equipment which has
penetrated a person's skin, or is contaminated with bodily
fluid, in accordance with AS/NZS 4815:2006 Office-based
health care facilities – Reprocessing of reusable medical and
surgical instruments and equipment, and maintenance of the
associated environment.
Maximum penalty: 20 penalty units.
Part 3 Regulated activities
Division 4 Hairdressing, beauty therapy and body art
Public and Environmental Health Regulations 2014 19
(3) An offence against subregulation (1) or (2) is an offence of strict
liability.
(4) It is a defence to a prosecution for an offence against
subregulation (2) if the defendant establishes that the defendant
took all reasonable steps to ensure that members of the
defendant's staff did not engage in the conduct mentioned in
subregulation (2)(b).
50 Sharps containers
(1) A person commits an offence if:
(a) the person is a proprietor of a business carrying out
hairdressing, beauty therapy or body art; and
(b) the person does not provide containers for the collection of
used sharp instruments in accordance with:
(i) AS/NZS 4261:1994 Reusable containers for the
collection of sharp items used in human and animal
medical applications; and
(ii) AS 4031-1992 Non-reusable containers for the collection
of sharp medical items used in other health care areas.
Maximum penalty: 20 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
51 Hand washing facilities
(1) A person commits an offence if:
(a) the person is a proprietor of a business carrying out
hairdressing, beauty therapy or body art; and
(b) the person does not provide hand washing facilities that are
accessible for each member of staff at each place where the
business is conducted.
Maximum penalty: 20 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
52 CHO may give directions for hand washing facilities
(1) The CHO may give a direction to a proprietor of a business carrying
out hairdressing, beauty therapy or body art in relation to hand
washing facilities.
Part 3 Regulated activities
Division 5 Major public events
Public and Environmental Health Regulations 2014 20
(2) A person commits an offence if:
(a) the person is a proprietor of a business carrying out beauty
therapy or body art; and
(b) the person does not provide hand washing facilities in
accordance with the CHO's direction.
Maximum penalty: 20 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
53 Maintenance of premises
(1) A person commits an offence if:
(a) the person is a proprietor of a business carrying out
hairdressing, beauty therapy or body art; and
(b) the premises on which the business is conducted is not
maintained in a clean, sanitary and hygienic condition and is
not in good repair; and
(c) the equipment used to carry out the regulated activity is not
maintained in a clean, sanitary and hygienic condition and is
not in good repair.
Maximum penalty: 20 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Division 5 Major public events
53A Public health infrastructure
(1) The CHO may give a direction to an organiser of a major public
event in relation to the public health infrastructure at the major
public event.
(2) An organiser of a major public event commits an offence if the
organiser does not comply with a direction given by the CHO under
subregulation (1).
Maximum penalty: 20 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Part 4 Mosquito control
Public and Environmental Health Regulations 2014 21
Part 4 Mosquito control
54 Definitions
In this Part:
breeding ground means a place where mosquito eggs, larvae or
pupae are present.
water includes any other liquid.
55 Requirement to ensure place is not a breeding ground for
mosquitoes
(1) An owner or occupier of a place commits an offence if:
(a) there is water at the place; and
(b) the water is or may become a breeding ground.
Maximum penalty: 20 penalty units.
(2) An owner or occupier of a place commits an offence if:
(a) a circumstance exists at the place that may result in the
accumulation of water; and
(b) water were to accumulate it may become a breeding ground.
Maximum penalty: 20 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict
liability.
56 Authorised officer may give directions
(1) This regulation applies if an authorised officer has reasonable
grounds to believe that water, or something in which water may
accumulate, at a place:
(a) is a breeding ground; or
(b) may become a breeding ground.
(2) The authorised officer may direct an owner or occupier of the place
to do anything the authorised officer considers reasonably
necessary to remove the breeding ground or prevent the water or
circumstance from becoming a breeding ground.
Part 5 Perinatal information
Public and Environmental Health Regulations 2014 22
(3) An owner or occupier of a place commits an offence if:
(a) the owner or occupier is given a direction by the authorised
officer under subregulation (2); and
(b) the owner or occupier does not comply with the direction
within the time specified in the notice.
Maximum penalty: 20 penalty units.
(4) An offence against subregulation (3) is an offence of strict liability.
(5) If the person does not comply with the direction, an authorised
officer may take any action necessary to remove the breeding
ground or prevent the thing or the accumulation of water from
becoming a breeding ground.
(6) Any cost of the action taken in subregulation (5) may be recovered
from the owner or occupier of the place.
Part 5 Perinatal information
57 Definitions
In this Part:
Aboriginal and Torres Strait Islander health practitioner means
a person registered under the Health Practitioner Regulation
National Law (other than as a student) to practise in the Aboriginal
and Torres Strait Islander health practice profession.
collection means the collection of perinatal information maintained
by the CHO under regulation 58.
episode means:
(a) the birth of a child; or
(b) a still-birth, as defined in section 4 of the Births Deaths and
Marriages Registration Act 1996; or
(c) the diagnosis of a structural or functional abnormality in a child
aged up to 12 months that was present from conception or
that occurs before the end of a pregnancy.
midwife means a person registered under the Health Practitioner
Regulation National Law to practise in the midwifery profession
(other than as a student).
Part 5 Perinatal information
Public and Environmental Health Regulations 2014 23
notifiable death of a child means the death of a child within 1 year
of the birth of the child.
notifiable death of a woman means the death of:
(a) a pregnant woman; or
(b) a woman within 12 months after the end of a pregnancy.
58 Collection of perinatal information
(1) The CHO must maintain a collection of perinatal information in any
form (including in an electronic form) the CHO thinks appropriate.
(2) Subject to these Regulations, the CHO must record in the collection
the information received from a person under regulations 60 to 66.
59 Purpose of collection
The purposes of the collection are:
(a) the provision of information to develop policy for the
improvement of antenatal care and the wellbeing of women
who are pregnant or have given birth; and
(b) the provision of information for program evaluation and to
support decision-making; and
(c) the compilation of information in statistical form; and
(d) the provision of information for completing the Perinatal
National Minimum Data Set and for any other national
reporting; and
(e) the provision of information for research.
60 Giving information if episode occurs at a place other than a
pathology service or imaging service
(1) If an episode occurs at a place other than a pathology service or
imaging service, the following person is responsible for giving the
CHO information about the episode:
(a) if a midwife is present during the episode – the midwife;
(b) if more than one midwife is present during the episode – the
midwife responsible for the woman;
Part 5 Perinatal information
Public and Environmental Health Regulations 2014 24
(c) a medical practitioner if:
(i) the medical practitioner is present during the episode;
and
(ii) a midwife is not present during the episode;
(d) if more than one medical practitioner is present during the
episode – the medical practitioner responsible for the woman;
(e) an Aboriginal and Torres Strait Islander health practitioner if:
(i) the Aboriginal and Torres Strait Islander health
practitioner is present during the episode; and
(ii) a midwife is not present during the episode; and
(iii) a medical practitioner is not present during the episode;
(f) if more than one Aboriginal and Torres Strait Islander health
practitioner is present during then episode – the Aboriginal
and Torres Strait Islander health practitioner responsible for
the woman.
(2) If a midwife, medical practitioner or Aboriginal and Torres Strait
Islander health practitioner is not present during the episode, the
mother must give information to the CHO in the approved form
within 28 days after the episode has occurred.
(3) A person commits an offence if the person:
(a) is responsible for giving the CHO information under
subregulation (1); and
(b) does not give the CHO information in the approved form within
28 days after the episode occurred.
Maximum penalty: 10 penalty units.
(4) An offence against subregulation (3) is an offence of strict liability.
61 Giving information if notifiable death occurs at a place other
than an imaging service
(1) If a notifiable death of a child or a notifiable death of a woman
occurs at a place other than an imaging service, the following
person is responsible for giving the CHO information about the
death:
(a) if a midwife is present during the notifiable death – the
midwife;
Part 5 Perinatal information
Public and Environmental Health Regulations 2014 25
(b) if more than one midwife is present during the notifiable
death – the midwife responsible for the child or woman;
(c) a medical practitioner if:
(i) the medical practitioner is present during the notifiable
death; and
(ii) a midwife is not present during the notifiable death;
(d) if more than one medical practitioner is present during the
notifiable death – the medical practitioner responsible for the
child or woman;
(e) an Aboriginal and Torres Strait Islander health practitioner if:
(i) the Aboriginal and Torres Strait Islander health
practitioner is present during the notifiable death; and
(ii) a midwife is not present during the notifiable death; and
(iii) a medical practitioner is not present during the notifiable
death;
(f) if more than one Aboriginal and Torres Strait Islander health
practitioner is present during the episode – the Aboriginal and
Torres Strait Islander health practitioner responsible for the
child or woman.
(2) If a midwife, medical practitioner or Aboriginal and Torres Strait
Islander health practitioner is not present during a notifiable death
of a child, the mother must give information to the CHO in the
approved form within 42 days after the death has occurred.
(3) A person commits an offence if the person:
(a) is responsible for giving the CHO information under
subregulation (1); and
(b) does not give the CHO information in the approved form
within 42 days after the death occurred.
Maximum penalty: 10 penalty units.
(4) An offence against subregulation (3) is an offence of strict liability.
62 Giving information if episode occurs at pathology service
(1) If an episode occurs at a pathology service, a person in charge of
the pathology service is responsible for giving the CHO information
about the episode.
Part 5 Perinatal information
Public and Environmental Health Regulations 2014 26
(2) A person commits an offence if the person:
(a) is responsible for giving the CHO information under
subregulation (1); and
(b) does not give the CHO information in the approved form within
28 days after the person has received written results about the
episode.
Maximum penalty: 10 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
63 Giving information if episode occurs at imaging service
(1) If an episode occurs at an imaging service, a person in charge of
the imaging service is responsible for giving the CHO information
about the episode.
(2) A person commits an offence if the person:
(a) is responsible for giving the CHO information under
subregulation (1); and
(b) does not give the CHO information in the approved form within
28 days after the person has received written results about the
episode.
Maximum penalty: 10 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
64 Giving information if notifiable death occurs at imaging service
(1) If a notifiable death of a child or a notifiable death of a woman
occurs at an imaging service, a person in charge of the imaging
service is responsible for giving the CHO information about the
death.
(2) A person commits an offence if the person:
(a) is responsible for giving the CHO information under
subregulation (1); and
(b) does not give the CHO information in the approved form within
42 days after the death occurred.
Maximum penalty: 10 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Part 5 Perinatal information
Public and Environmental Health Regulations 2014 27
65 Registrar of Births, Deaths and Marriages to give information
The Registrar of Births, Deaths and Marriages must give the CHO
information about a notifiable death of a child or a notifiable death
of a woman within 42 days after the Registrar has received the
registration of the death.
66 Further information may be requested
(1) This regulation applies if the CHO considers further information is
required in relation to an episode or a notifiable death received
under regulations 60 to 65.
(2) The CHO may give the person or any other person a notice
requiring the person or other person to give further information
stated in the notice to the CHO or indicate that the further
information requested is not available.
(3) A person commits an offence if the person:
(a) is given a notice from the CHO under subregulation (2); and
(b) does not comply with the notice within 14 days of receiving the
notice.
Maximum penalty: 10 penalty units.
(4) An offence against subregulation (3) is an offence of strict liability.
67 Sharing of information
(1) The CHO may provide information recorded in the collection to the
following for a purpose mentioned in regulation 59:
(a) the Australian Institute of Health and Welfare;
(b) the Registrar of Births, Deaths and Marriages;
(c) the person responsible for maintaining a corresponding
collection;
(d) a person authorised in writing by the CHO to receive that
information.
(2) In this regulation:
corresponding collection means a collection of information that:
(a) is established under a law of the Territory, the
Commonwealth, or another State or a Territory; and
Part 6 Wastewater management
Division 1 General matters
Public and Environmental Health Regulations 2014 28
(b) contains information of a kind held in the collection.
68 Other information may be recorded in collection
The CHO may record any other information in the collection for a
purpose mentioned in regulation 59.
Part 6 Wastewater management
Division 1 General matters
69 Definitions
In this Part:
community wastewater management system means a system
for the collection and management of wastewater generated in a
town, regional area or other community that is not owned or
operated by Power and Water Corporation.
high exposure use, in relation to recycled water, includes the
following:
(a) augmentation of drinking water supplies or indirect potable
reuse;
(b) dual-pipe schemes, where the recycled water is supplied to
residents for non-potable purposes such as toilet-flushing,
laundry or irrigation;
(c) irrigation of minimally processed food crops.
high exposure use approval means an approval under
regulation 99(3) to use a wastewater management system (other
than an on-site wastewater management system) to recycle water
for high exposure use.
installation, in relation to a wastewater management system,
includes the commissioning of the system.
low exposure use, in relation to recycled water, includes the
following:
(a) irrigation of public open spaces, pasture and fodder crops,
heavily processed food crops and non-food crops;
(b) dust suppression on mining or construction sites.
Part 6 Wastewater management
Division 1 General matters
Public and Environmental Health Regulations 2014 29
management, in relation to wastewater, includes the treatment,
reuse and disposal of wastewater.
on-site wastewater management system is a system used to
treat wastewater on-site at a place where no Power and Water
Corporation owned or operated reticulated sewer is available.
prescribed code for product approval is the Code of Practice for
Product Approval of On-site Wastewater Management Systems,
published by the Department of Heath and approved by the Chief
Health Officer on 4 November 2020 as amended from time to time.
prescribed code for wastewater management is the Code of
Practice for Wastewater Management, published by the
Department of Heath and approved by the Chief Health Officer on 4
November 2020 as amended from time to time.
prescribed code for water recycling is the Code of Practice for
Water Recycling, published by the Department of Heath and
approved by the Chief Health Officer on 4 November 2020 as
amended from time to time.
product approval means a product approval as defined in the
prescribed code for product approval.
recycled water means wastewater that has been treated for the
purpose of beneficial reuse.
Example for definition recycled water
Treated effluent sourced from a water utility's sewage treatment plant intended to
be reused for irrigation.
sanitary facilities includes toilets, urinals, sinks, hand basins,
showers, bathing facilities, floor wastes and laundry facilities that
are connected to sanitary drainage.
sell includes offer for sale or have possession for the purpose of
sale.
technical specifications include technical, scientific and
engineering details, plans and drawings.
wastewater means the used water arising from domestic activities
at a place consisting of all greywater or blackwater, but does not
include stormwater or commercial and industrial wastewater.
wastewater management system means a system for the
collection and management of wastewater and includes an on-site
wastewater management system and a community wastewater
management system.
Part 6 Wastewater management
Division 2 Sanitary facilities
Public and Environmental Health Regulations 2014 30
wastewater management system notification means a
wastewater management system notification notified under
regulation 96.
71 Exemptions from codes or regulations
(1) The CHO may, in writing, exempt a person from:
(a) all or part of:
(i) the prescribed code for wastewater management; or
(ii) the prescribed code for product approval; or
(iii) the prescribed code for water recycling; or
(b) a regulation in this Part.
(2) An application for an exemption must be in the approved form.
(3) The CHO must be satisfied that:
(a) the person's circumstances require the person to be exempt
from the need to comply with the code mentioned in
subregulation (1) or the regulation in this Part; and
(b) the exemption will not cause or is not likely to cause a public
health risk.
(4) The CHO may, if the CHO considers it appropriate, grant the
exemption subject to any conditions.
Division 2 Sanitary facilities
72 Sanitary facilities to be installed
(1) The CHO may direct an owner or occupier of a place to install
sanitary facilities on the place by a specified time.
(2) A person commits an offence if the person:
(a) is an owner or occupier of a place; and
(b) is given a direction by the CHO under subregulation (1); and
(c) does not comply with the direction.
Maximum penalty: 30 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Part 6 Wastewater management
Division 3 Wastewater management system requirements
Public and Environmental Health Regulations 2014 31
Division 3 Wastewater management system requirements
73 Installation of wastewater management system
(1) A person who holds a licence under the Plumbers and Drainers
Licensing Act 1983 to contract and undertake work of plumbing or
draining commits an offence if the person:
(a) installs a wastewater management system at a place where
the Building Act 1993 does not apply; and
(b) does not install the system in accordance with the prescribed
code for wastewater management.
Maximum penalty: 30 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
74 Operation, maintenance and servicing of wastewater
management systems
(1) An owner or occupier of a place where the Building Act 1993 does
not apply commits an offence if:
(a) there is a wastewater management system at the place; and
(b) the owner or occupier does not operate, maintain and service
the system in accordance with the prescribed code for
wastewater management.
Maximum penalty: 30 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
89 CHO may give directions
(1) This regulation applies if the CHO has reasonable grounds to
believe that a wastewater management system at a place is
causing, or is likely to cause, a public health risk.
(2) The CHO may direct an owner or occupier of a place to do any
thing the CHO considers reasonably necessary to prevent the
wastewater management system from causing, or continuing to be,
a public health risk.
(3) A person commits an offence if the person:
(a) is an owner or occupier of the place; and
(b) is given a direction by the CHO under subregulation (2); and
Part 6 Wastewater management
Division 4 Product approval for on-site wastewater management system
Public and Environmental Health Regulations 2014 32
(c) does not comply with the direction within the time specified in
the notice.
Maximum penalty: 30 penalty units.
(4) An offence against subregulation (3) is an offence of strict liability.
(5) If the person does not comply with the direction, the CHO may take
any action the CHO considers necessary to prevent the wastewater
management system from causing, or continuing to be, a public
health risk.
(6) Any cost of the action taken under subregulation (5) may be
recovered from the owner or occupier of the place.
Division 4 Product approval for on-site wastewater
management system
91 Application for product approval
(1) An application for a product approval for an on-site wastewater
management system must:
(a) be made in the approved form to the CHO; and
(b) be accompanied by technical specifications and manuals for
the on-site wastewater management system; and
(c) include, or be accompanied by other information or documents
required by the prescribed code for product approval; and
(d) be accompanied by the prescribed fee.
(2) The CHO may request further information from the person making
the application.
(3) After considering the application, the CHO may grant the product
approval, subject to any conditions the CHO considers appropriate.
92 Variation of conditions of product approval
(1) The CHO may vary the conditions of a product approval:
(a) on application of the approval holder; or
(b) on the CHO's initiative.
(2) An application for variation must:
(a) be made in the approved form; and
Part 6 Wastewater management
Division 4 Product approval for on-site wastewater management system
Public and Environmental Health Regulations 2014 33
(b) be accompanied by the prescribed fee.
(3) The CHO must consider the application and decide whether to vary
the conditions of the approval in accordance with the application.
(4) On deciding the application, the CHO must give written notice to the
approval holder of:
(a) the CHO's decision; and
(b) if the CHO refuses the application – the reasons for the
refusal.
(5) Before varying any conditions of an approval on the CHO's
initiative, the CHO must give the approval holder written notice:
(a) stating the proposed variation; and
(b) stating the reasons for the variation; and
(c) inviting the approval holder to submit, within a period of not
less than 14 days after receiving the notice, reasons why the
variation should not be made.
(6) The CHO may, having considered any submissions of the approval
holder, vary the conditions of the approval as proposed in the notice
or in another way the CHO considers appropriate.
(7) The CHO must, if the CHO varies the conditions under
subregulation (6), give written notice to the approval holder of the
variation.
(8) A variation of conditions of registration takes effect on the date
stated in the notice.
(9) Subregulations (2) to (8) do not apply if the variation is for a formal
or clerical reason that does not alter the effect of the registration.
93 Term of product approval
(1) The term of a product approval is determined by the CHO when the
approval is granted.
(2) An approval holder may apply to the CHO for an extension of the
approval.
(3) The CHO may, on application by the approval holder, extend a
product approval.
Part 6 Wastewater management
Division 4 Product approval for on-site wastewater management system
Public and Environmental Health Regulations 2014 34
(4) An application to extend a product approval must:
(a) be made in the approved form; and
(b) be accompanied by the prescribed fee.
94 Cancellation of product approval
(1) The CHO may cancel a product approval:
(a) if the approval holder contravenes a condition of the approval;
or
(b) if the approval holder is found guilty of an offence against the
Act or another law of the Territory relating to the approval; or
(c) for another reason the CHO considers appropriate.
(2) Before cancelling the approval, the CHO must give written notice to
the approval holder:
(a) stating the CHO proposes to cancel the approval; and
(b) stating the reasons for the cancellation; and
(c) inviting the approval holder to submit, within the period of not
less than 14 days after receiving the notice, reasons why the
approval should not be cancelled.
(3) If, having considered any submissions of the approval holder, the
CHO continues to consider the approval should be cancelled, the
CHO may cancel the approval by written notice to the approval
holder.
(4) The notice must state the reasons for the cancellation.
(5) The cancellation takes effect on the date stated in the notice.
94A Sale of on-site wastewater management systems
(1) A person commits an offence if:
(a) the person sells a wastewater management system for use as
an on-site wastewater management system; and
(b) the on-site wastewater management system does not have a
product approval in force for the system.
Maximum penalty: 30 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Part 6 Wastewater management
Division 5 Wastewater management system notification
Public and Environmental Health Regulations 2014 35
95 Register of product approvals
The CHO must maintain a register of product approvals in any form
(including in an electronic form) the CHO thinks appropriate.
Division 5 Wastewater management system notification
96 Notification of installation of wastewater management system
(1) This regulation applies in relation to the installation of either of the
following at a place where the Building Act 1993 does not apply:
(a) a wastewater management system that treats more than
2 000 L per day;
(b) a series of wastewater management systems that treat more
than 2 000 L per day.
(2) The owner or occupier of a place must notify the CHO of the owner
or occupier's intention to install the wastewater management
system or series of wastewater management systems at least
7 days before the start of the installation.
(3) The wastewater management system notification must:
(a) be made in the approved form; and
(b) be accompanied by the prescribed fee.
(4) The owner or occupier of a place commits an offence if the owner
or occupier:
(a) starts installing a wastewater management system or series of
wastewater management systems at the place; and
(b) has not notified the CHO under this regulation.
Maximum penalty: 30 penalty units.
(5) An offence against subregulation (4) is an offence of strict liability.
Part 6 Wastewater management
Division 6 Recycled water
Subdivision 2 High exposure use
Public and Environmental Health Regulations 2014 36
Division 6 Recycled water
Subdivision 1 Application of Division
97 Application of Division
This Division applies in relation to a wastewater management
system:
(a) that has the capacity to recycle water; and
(b) that is not an on-site wastewater management system.
Subdivision 2 High exposure use
98 High exposure use of recycled water required to be approved
(1) A person commits an offence if the person:
(a) supplies recycled water from a wastewater management
system for high exposure use; and
(b) has not obtained a high exposure use approval.
Maximum penalty: 40 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
99 Application for high exposure use approval
(1) An application for a high exposure use approval must:
(a) be made in the approved form to the CHO; and
(b) be accompanied by technical specifications and manuals for
the wastewater management system; and
(c) include, or be accompanied by other information or documents
required by the prescribed code for water recycling; and
(d) include, or be accompanied by, a recycled water management
system; and
(e) be accompanied by the prescribed fee.
(2) The CHO may request:
(a) further information from the person making the application; or
Part 6 Wastewater management
Division 6 Recycled water
Subdivision 2 High exposure use
Public and Environmental Health Regulations 2014 37
(b) further information or advice in relation to the application from
any other person.
(3) After considering the application, the CHO may grant the approval,
subject to any conditions the CHO considers appropriate.
(4) In this regulation:
recycled water management system includes the following:
(a) recycled water management system manual or roadmap
document;
(b) critical control point tables;
(c) proponent's or water utility's trade waste policy;
(d) proponent's or water utility's recycled water policy;
(e) end user agreements.
100 Variation of conditions of high exposure use approval
(1) The CHO may vary the conditions of a high exposure use approval:
(a) on application of the approval holder; or
(b) on the CHO's initiative.
(2) An application for variation must:
(a) be made in the approved form; and
(b) be accompanied by the prescribed fee.
(3) The CHO must consider the application and decide whether to vary
the conditions of the approval in accordance with the application.
(4) On deciding the application, the CHO must give written notice to the
approval holder of:
(a) the CHO's decision; and
(b) if the CHO refuses the application – the reasons for the
refusal.
(5) Before varying any conditions of an approval on the CHO's
initiative, the CHO must give the approval holder written notice:
(a) stating the proposed variation; and
Part 6 Wastewater management
Division 6 Recycled water
Subdivision 2 High exposure use
Public and Environmental Health Regulations 2014 38
(b) stating the reasons for the variation; and
(c) inviting the approval holder to submit, within a period of not
less than 14 days after receiving the notice, reasons why the
variation should not be made.
(6) The CHO may, having considered any submissions of the approval
holder, vary the conditions of the approval as proposed in the notice
or in another way the CHO considers appropriate.
(7) The CHO must, if the CHO varies the conditions under
subregulation (6), give written notice to the approval holder of the
variation.
(8) A variation of conditions of approval takes effect on the date stated
in the notice.
(9) Subregulations (2) to (8) do not apply if the variation is for a formal
or clerical reason that does not alter the effect of the approval.
100A Term of high exposure use approval
(1) The term of a high exposure use approval is determined by the
CHO when the approval is granted.
(2) An approval holder may apply to the CHO for an extension of the
approval.
(3) The CHO may, on application by the approval holder, extend a high
exposure use approval.
(4) An application to extend a high exposure use approval must:
(a) be made in the approved form; and
(b) be accompanied by the prescribed fee.
100B Cancellation of high exposure use approval
(1) The CHO may cancel a high exposure use approval:
(a) if the approval holder contravenes a condition of the approval;
or
(b) if the approval holder is found guilty of an offence against the
Act or another law of the Territory relating to the approval; or
(c) for another reason the CHO considers appropriate.
Part 6 Wastewater management
Division 6 Recycled water
Subdivision 2 High exposure use
Public and Environmental Health Regulations 2014 39
(2) Before cancelling the approval, the CHO must give written notice to
the approval holder:
(a) stating the CHO proposes to cancel the approval; and
(b) stating the reasons for the cancellation; and
(c) inviting the approval holder to submit, within the period of not
less than 14 days after receiving the notice, reasons why the
approval should not be cancelled.
(3) If, having considered any submissions of the approval holder, the
CHO continues to consider the approval should be cancelled, the
CHO may cancel the approval by written notice to the approval
holder.
(4) The notice must state the reasons for the cancellation.
(5) The cancellation takes effect on the date stated in the notice.
100C Register of high exposure use approvals
The CHO must maintain a register of high exposure use approvals
in any form (including in an electronic form) the CHO thinks
appropriate.
100D Operation, maintenance and servicing of wastewater
management system supplying recycled water for high
exposure use
(1) A person commits an offence if the person:
(a) supplies recycled water from a wastewater management
system for high exposure use; and
(b) does not operate, maintain and service the system in
accordance with the following:
(i) the conditions of the high exposure use approval;
(ii) the prescribed code for water recycling.
Maximum penalty: 40 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against
subregulation (1)(b)(i) if the defendant did not know and could not
reasonably have known of the conditions.
Part 6 Wastewater management
Division 6 Recycled water
Subdivision 3 Low exposure use
Public and Environmental Health Regulations 2014 40
Subdivision 3 Low exposure use
100E Notification of intention to supply recycled water for low
exposure use
(1) This regulation applies if a person intends to supply recycled water
for low exposure use.
(2) The person must notify the CHO of the person's intention to supply
recycled water for low exposure use at least 7 days before
supplying the recycled water.
(3) The notification must:
(a) be made in the approved form; and
(b) be accompanied by the prescribed fee.
(4) A person commits an offence if the person:
(a) supplies recycled water for low exposure use; and
(b) has not notified the CHO under this regulation.
Maximum penalty: 30 penalty units.
(5) An offence against subregulation (4) is an offence of strict liability.
100F Operation, maintenance and servicing of wastewater
management system supplying recycled water for low
exposure use
(1) A person commits an offence if the person:
(a) supplies recycled water from a wastewater management
system for low exposure use; and
(b) does not operate, maintain and service the system in
accordance with the prescribed code for water recycling.
Maximum penalty: 40 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Part 7 Infringement notice offences
Public and Environmental Health Regulations 2014 41
Subdivision 4 Notification of intention to cease supply of
recycled water
100G Notification of intention to cease supply of recycled water
(1) This regulation applies if a person who supplies recycled water for
high exposure use or low exposure use intends to cease the supply
of recycled water.
(2) The person must notify the CHO of the person's intention to cease
the supply recycled water at least 7 days before ceasing the supply
of recycled water.
(3) The notification must:
(a) be made in the approved form; and
(b) be accompanied by the prescribed fee.
(4) A person commits an offence if the person:
(a) ceases supplying recycled water for high exposure use or low
exposure use; and
(b) has not notified the CHO under this regulation.
Maximum penalty: 30 penalty units.
(5) An offence against subregulation (4) is an offence of strict liability.
Part 7 Infringement notice offences
101 Infringement notice offence and prescribed amount payable
(1) An infringement notice offence is an offence against a provision
specified in Schedule 5.
(2) The prescribed amount for an infringement notice offence is the
amount equal to the monetary value of the number of penalty units
specified for the offence in Schedule 5.
102 When infringement notice may be given
If the CHO or an authorised officer reasonably believes a person
has committed an infringement notice offence, the CHO or
authorised officer may give a notice (an infringement notice) to
the person.
Part 7 Infringement notice offences
Public and Environmental Health Regulations 2014 42
103 Contents of infringement notice
(1) The infringement notice must specify the following:
(a) the name and address of the person, if known;
(b) the date the infringement notice is given to the person;
(c) the date, time and place of the infringement notice offence;
(d) a description of the offence;
(e) the prescribed amount payable for the offence;
(f) the enforcement agency, as defined in the Fines and Penalties
(Recovery) Act 2001, to whom the prescribed amount is
payable.
(2) The infringement notice must include a statement to the effect of
the following:
(a) the person may expiate the infringement notice offence and
avoid any further action in relation to the offence by paying the
prescribed amount to the specified enforcement agency within
28 days after the notice is given;
(b) the person may elect under section 21 of the Fines and
Penalties (Recovery) Act 2001 to have the matter dealt with by
a court instead of under that Act by completing a statement of
election and giving it to the specified enforcement agency;
(c) if the person does nothing in response to the notice,
enforcement action may be taken under the Fines and
Penalties (Recovery) Act 2001, including (but not limited to)
action for the following:
(i) suspending the person's licence to drive;
(ii) seizing personal property of the person;
(iii) deducting an amount from the person's wages or salary;
(iv) registering a statutory charge on land owned by the
person;
(v) making a community work order for the person and
imprisonment of the person if the person breaches the
order.
(3) Also, the infringement notice must include an appropriate form for
making the statement of election mentioned in subregulation (2)(b).
Part 7 Infringement notice offences
Public and Environmental Health Regulations 2014 43
104 Electronic payment and payment by cheque
(1) If the person uses electronic means to pay the prescribed amount,
payment is not effected until the amount is credited to the payee's
bank account.
(2) If the person tenders a cheque in payment of the prescribed
amount, payment is not effected unless the cheque is cleared on
first presentation.
105 Withdrawal of infringement notice
(1) The CHO may withdraw the infringement notice by written notice
given to the person.
(2) The notice must be given:
(a) within 28 days after the infringement notice is given to the
person; and
(b) before payment of the prescribed amount.
106 Application of Part 7
(1) This Part does not prejudice or affect the start or continuation of
proceedings for an infringement notice offence for which an
infringement notice has been given unless the offence is expiated.
(2) Also, this Part does not:
(a) require an infringement notice to be given; or
(b) affect the liability of a person to be prosecuted in a court for an
offence for which an infringement notice has not been given;
or
(c) prevent more than one infringement notice for the same
offence being given to a person.
(3) If more than one infringement notice for the same offence has been
given to a person, the person may expiate the offence by paying
the prescribed amount in accordance with any of the notices.
Part 8 Repeals and transitional matters
Division 2 Transitional matters for Public and Environmental Health Regulations 2014
Subdivision 2 Transitional matters for wastewater
Public and Environmental Health Regulations 2014 44
Part 8 Repeals and transitional matters
Division 1 Repeals
107 Repeals
The Regulations specified in Schedule 6 are repealed.
Division 2 Transitional matters for Public and Environmental
Health Regulations 2014
Subdivision 1 General matters
108 Definitions
In this Part:
commencement day means the day on which these Regulations
commence.
repealed commercial visitor accommodation Regulations
means the Public Health (Shops, Boarding-houses, Hostels and
Hotels) Regulations 1960 in force before the commencement of
these Regulations.
repealed hairdressing Regulations means the Public Health
(Barbers' Shops) Regulations 1960 in force before the
commencement of these Regulations.
repealed sanitation Regulations means the Public Health
(General Sanitation, Mosquito Prevention, Rat Exclusion and
Prevention) Regulations 1960 in force before the commencement of
the amendment Regulations.
Subdivision 2 Transitional matters for wastewater
109 Continuation of existing approval for a septic tank
(1) An existing approval for a septic tank continues in force after the
commencement day as if the approval were a product approval for
an on-site wastewater system under regulation 91.
(2) The approval continues in force for:
(a) if the approval was for a specified term – the remainder of that
term; or
(b) if the approval did not specify a term – for 2 years on and from
the commencement day.
Part 8 Repeals and transitional matters
Division 2 Transitional matters for Public and Environmental Health Regulations 2014
Subdivision 2 Transitional matters for wastewater
Public and Environmental Health Regulations 2014 45
(3) In this regulation:
existing approval for a septic tank means an approval granted
under regulation 26 of the repealed sanitation Regulations.
110 Existing approval application for septic tanks
(1) The CHO must decide an existing approval application for a septic
tank under the repealed sanitation Regulations as if regulation 107
had not been enacted.
(2) An approval given under subregulation (1) is taken to be a product
approval for an on-site wastewater system under regulation 91.
(3) In this regulation:
existing approval application for a septic tank means an
application for an approval under regulation 26 of the repealed
sanitation Regulations and which, as at the commencement day,
had not been determined.
111 Continuation of existing approvals of installation of septic
tanks
(1) An existing approval of installation of a septic tank continues in
force after the commencement day as if the approval were a
wastewater works installation approval under regulation 82.
(2) In this regulation:
existing approval of installation of a septic tank means an
approval granted under regulation 27 of the repealed sanitation
Regulations.
112 Existing application for approval of installation of septic tanks
(1) The CHO must decide an existing application for approval of
installation of a septic tank under the repealed sanitation
Regulations as if regulation 107 had not been enacted.
(2) An approval given under subregulation (1) is taken to be a
wastewater works installation approval under regulation 82.
(3) In this regulation:
existing application for approval of installation of a septic tank
means an application for an approval made under regulation 27 of
the repealed sanitation Regulations and which, as at the
commencement day, had not been determined.
Part 8 Repeals and transitional matters
Division 2 Transitional matters for Public and Environmental Health Regulations 2014
Subdivision 3 Transitional matters for hairdressing and commercial visitor accommodation
Public and Environmental Health Regulations 2014 46
Subdivision 3 Transitional matters for hairdressing and
commercial visitor accommodation
113 Continuation of existing hairdressing registration
(1) An existing hairdressing registration continues in force after the
commencement day as if it were given registration under
regulation 30.
(2) The registration continues in force for the remainder of the term
specified under the repealed hairdressing Regulations.
(3) A certificate of registration furnished under regulation 5 of the
repealed hairdressing Regulations continues as if it were a
certificate under regulation 30.
(4) In this regulation:
existing hairdressing registration means a registration given
under regulation 5 of the repealed hairdressing Regulations.
114 Existing applications for hairdressing registration
(1) The CHO must decide an existing hairdressing registration
application under the repealed hairdressing Regulations as if
regulation 107 had not been enacted.
(2) A registration granted under subregulation (1) is taken to be a
registration under regulation 30.
(3) A certificate issued for an existing hairdressing registration
application is taken to be a certificate given under regulation 30.
(4) In this regulation:
existing hairdressing registration application means an
application for registration under regulation 5 of the repealed
hairdressing Regulations and which, as at the commencement day,
had not been determined.
115 Continuation of existing commercial visitor accommodation
registration
(1) An existing commercial visitor accommodation registration
continues in force after the commencement day as if it were given
registration under regulation 30.
(2) The registration continues in force for the remainder of the term
specified under the repealed commercial visitor accommodation
Regulations.
Part 8 Repeals and transitional matters
Division 2 Transitional matters for Public and Environmental Health Regulations 2014
Subdivision 4 Other matters for beauty therapy and body art
Public and Environmental Health Regulations 2014 47
(3) A certificate of registration supplied under regulation 36 of the
repealed commercial visitor accommodation Regulations continues
as if it were a certificate under regulation 30.
(4) In this regulation:
existing commercial visitor accommodation registration means
a registration given under regulation 36 of the repealed commercial
visitor accommodation Regulations.
116 Existing applications for commercial visitor accommodation
registration
(1) The CHO must decide an existing commercial visitor
accommodation registration application under the repealed
commercial visitor accommodation Regulations as if regulation 107
had not been enacted.
(2) A registration granted under subregulation (1) is taken to be a
registration under regulation 30.
(3) A certificate issued for an existing commercial visitor
accommodation registration application is taken to be a certificate
issued under regulation 30.
(4) In this regulation:
existing commercial visitor accommodation registration
application means an application for registration made under
regulation 36 of the repealed commercial visitor accommodation
Regulations and which, as at the commencement day, had not
been determined.
Subdivision 4 Other matters for beauty therapy and body art
117 Exemption from Part 3 for 6 months
The proprietor of a business conducting beauty therapy or body art
before the commencement day is exempt from Part 3 of these
Regulations for 6 months on and from the commencement day.
Part 8 Repeals and transitional matters
Division 3 Transitional matters for Public and Environmental Health Further Amendment
Regulations 2020
Public and Environmental Health Regulations 2014 48
Division 3 Transitional matters for Public and Environmental
Health Further Amendment Regulations 2020
118 Approval application for wastewater works design approvals
(1) This regulation applies if, before the commencement:
(a) a person made an application for a wastewater works design
approval under regulation 97, as in force before the
commencement; and
(b) the CHO had not decided the application.
(2) The CHO must, in writing, advise the person to submit a notification
under regulation 96, as in force after the commencement.
(3) If the person paid the prescribed fee under regulation 97, as in
force before the commencement, the person is not required to pay
the prescribed fee under regulation 96, as in force after the
commencement.
(2) In this regulation:
commencement means the commencement of regulation 12 of the
Public and Environmental Health Further Amendment
Regulations 2020.
Schedule 1 Prescribed fees
Public and Environmental Health Regulations 2014 49
Schedule 1 Prescribed fees
regulation 4
Item Description Fee
(revenue units)
1 Application to register or renew registration of
business:
(a) commercial visitor accommodation
(b) hairdressing
(c) beauty therapy
(d) body art
250
65
100
100
2 Application to register or renew registration of
business:
(a) hairdressing and body art
(b) hairdressing and beauty therapy
(c) beauty therapy and body art
(d) hairdressing, beauty therapy and body art
100
100
100
100
3 Application to vary conditions of registration of a
registered business
50
4 Application for grant of product approval 500
5 Application to vary product approval 150
6 Application to renew product approval 150
7 Wastewater management system notification 150
8 Application to vary wastewater works design
approval
100
9 Low exposure use notification 500
Schedule 5 Infringement notice offences and prescribed amounts
Public and Environmental Health Regulations 2014 50
Schedule 5 Infringement notice offences and prescribed
amounts
regulation 101
Provision Prescribed amount
in penalty units
for individual for body
corporate
Public and Environmental Health Act 2011
section 30(1) 3 3
section 56(1) 32 160
section 57K(1) 32 160
section 113A 35 –
Public and Environmental Health Regulations 2014
regulations 35(1) and (2), 60(3),
61(3), 62(2), 63(2), 64(2) and
66(3)
1 1
regulations 32(1), 40(1), 41(1),
41A(1) and (2), 42(2), 43(2),
44(1), 45(1), 46(1) and (2), 47(1)
and (2), 48(1) and (2), 49(1)
and (2), 50(1), 51(1), 52(2),
53(1), 53A, 55(1) and (2) and
56(3)
2 2
regulations 28(1), 72(2), 74(2),
75(1), 76(1) and 89(3)
3 3
Schedule 6 Repealed Regulations
Public and Environmental Health Regulations 2014 51
Schedule 6 Repealed Regulations
regulation 107
Public Health (Barbers' Shops) Regulations 1960 Subordinate Legislation
No. 10 of 1960
Amendments of the Public Health (Barbers'
Shops) Regulations 1982
Subordinate Legislation
No. 7 of 1982
Amendments of the Public Health (Barbers'
Shops) Regulations 1982
Subordinate Legislation
No. 51 of 1982
Amendments of Public Health (Barbers' Shops)
Regulations 1996
Subordinate Legislation
No. 43 of 1996
Public Health (Cervical Cytology Register)
Regulations 1996
Subordinate Legislation
No. 3 of 1996
Public Health (Cervical Cytology Register)
Amendment Regulations 2007
Subordinate Legislation
No. 28 of 2007
Public Health (General Sanitation, Mosquito
Prevention, Rat Exclusion and Prevention)
Regulations 1960
Subordinate Legislation
No. 13 of 1960
Amendments of the Public Health (General
Sanitation, Mosquito Prevention, Rat Exclusion
and Prevention) Regulations 1978
Subordinate Legislation
No. 50 of 1978
Amendments of the Public Health (General
Sanitation, Mosquito Prevention, Rat Exclusion
and Prevention) Regulations 1982
Subordinate Legislation
No. 8 of 1982
Amendments of Public Health (General Sanitation,
Mosquito Prevention, Rat Exclusion and
Prevention) Regulations 1996
Subordinate Legislation
No. 44 of 1996
Amendments of Public Health (General Sanitation,
Mosquito Prevention, Rat Exclusion and
Prevention) Regulations 1998
Subordinate Legislation
No. 49 of 1998
Public Health (Medical and Dental Inspection of
School Children) Regulations 1960
Subordinate Legislation
No. 11 of 1960
Amendments of the Public Health (Medical and
Dental Inspection of School Children) 1973
Subordinate Legislation
No. 19 of 1973
Schedule 6 Repealed Regulations
Public and Environmental Health Regulations 2014 52
Amendments of Public Health (Medical and Dental
Inspection of School Children) 1991
Subordinate Legislation
No. 55 of 1991
Public Health (Night-soil, Garbage, Cesspits,
Wells and Water) Regulations 1960
Subordinate Legislation
No. 14 of 1960
Amendments of the Public Health (Night-soil,
Garbage, Cesspits, Wells and Water)
Regulations 1961
Subordinate Legislation
No. 24 of 1961
Amendments of the Public Health (Night-soil,
Garbage, Cesspits, Wells and Water)
Regulations 1978
Subordinate Legislation
No. 48 of 1978
Amendments of the Public Health (Night-soil,
Garbage, Cesspits, Wells and Water)
Regulations 1982
Subordinate Legislation
No. 6 of 1982
Amendments of Public Health (Night-soil,
Garbage, Cesspits, Wells and Water)
Regulations 1996
Subordinate Legislation
No. 45 of 1996
Amendments of Public Health (Night-soil,
Garbage, Cesspits, Wells and Water)
Regulations 1998
Subordinate Legislation
No. 50 of 1998
Public Health (Noxious Trades) Regulations 1960 Subordinate Legislation
No. 15 of 1960
Amendments of the Public Health (Noxious
Trades) Regulations 1978
Subordinate Legislation
No. 47 of 1978
Amendments of the Public Health (Noxious
Trades) Regulations 1982
Subordinate Legislation
No. 10 of 1982
Amendment of the Public Health (Noxious Trades)
Regulations 1996
Subordinate Legislation
No. 46 of 1996
Public Health (Nuisance Prevention)
Regulations 1960
Subordinate Legislation
No. 16 of 1960
Amendments of the Public Health (Nuisance
Prevention) Regulations 1978
Subordinate Legislation
No. 45 of 1978
Amendments of the Public Health (Nuisance
Prevention) Regulations 1982
Subordinate Legislation
No. 9 of 1982
Amendments of Public Health (Nuisance
Prevention) Regulations 1996
Subordinate Legislation
No. 47 of 1996
Schedule 6 Repealed Regulations
Public and Environmental Health Regulations 2014 53
Public Health (Shops, Eating Houses,
Boarding-Houses, Hostels and Hotels)
Regulations 1960
Subordinate Legislation
No. 17 of 1960
Amendments of the Public Health (Shops,
Eating-Houses, Boarding-Houses, Hostels and
Hotels) Regulations 1978
Subordinate Legislation
No. 46 of 1978
Amendments of the Public Health (Shops,
Eating-Houses, Boarding-Houses, Hostels and
Hotels) Regulations 1982
Subordinate Legislation
No. 5 of 1982
Amendments of the Public Health (Shops,
Eating-Houses, Boarding-Houses, Hostels and
Hotels) Regulations 1982
Subordinate Legislation
No. 52 of 1982
Amendments of Public Health (Shops,
Eating-Houses, Boarding-Houses, Hostels and
Hotels) Regulations 1996
Subordinate Legislation
No. 48 of 1996
Amendments of Public Health (Shops,
Eating-Houses, Boarding-Houses, Hostels and
Hotels) Regulations 2004
Subordinate Legislation
No. 20 of 2004
ENDNOTES
Public and Environmental Health Regulations 2014 54
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Public and Environmental Health Regulations (SL No. 11, 2014)
Notified 16 April 2014
Commenced 1 July 2014 (r 2)
Public and Environmental Health Amendment Regulations 2018 (SL No. 12, 2018)
Notified 23 May 2018
Commenced 23 May 2018
Health Practitioner Regulation (National Uniform Legislation) and Other Legislation
Amendment Act 2018 (Act No. 28, 2018)
Assent date 30 November 2018
Commenced 1 December 2018 (s 2)
Public and Environmental Health Amendment Regulations 2020 (SL No. 2, 2020)
Notified 27 March 2020
Commenced 27 March 2020
Public and Environmental Health Legislation Amendment Act 2020 (Act No. 14, 2020)
Assent date 24 April 2020
Commenced ss 5, 6, 7, 10 and 11: 25 April 2020 (s 2(2)); rem: 4 April 2020
(s 2(1))
Public and Environmental Health Further Amendment Regulations 2020 (SL No. 14,
2020)
Notified 17 June 2020
Commenced 2 November 2020 (r 2)
Amending Legislation
Public and Environmental Health Amendment (Infringement Penalties)
Regulations 2020 (SL No. 22, 2020)
Notified 16 July 2020
Commenced 16 July 2020
ENDNOTES
Public and Environmental Health Regulations 2014 55
Public and Environmental Health Amendment (Infringement Penalties)
Regulations 2020 (SL No. 22, 2020)
Notified 16 July 2020
Commenced 16 July 2020
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date 19 November 2020
Commenced 20 November 2020 (s 2)
Public and Environmental Health Legislation Amendment Act 2022 (Act No. 10, 2022)
Assent date 26 May 2022
Commenced 27 May 2022 (s 2)
Statute Law Revision Act 2023 (Act No. 4, 2023)
Assent date 2 March 2023
Commenced 3 March 2023 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 7, 25, 57, 77, 80, 81, 103
and 108 and sch 3.
4 LIST OF AMENDMENTS
r 3 amd No. 14, 2020, r 4
r 4A ins Act No. 14, 2020, s 9
r 4B ins Act No. 10, 2022, s 14
pt 2 hdg rep No. 14, 2020, r 5
rr 6 – 23 rep No. 14, 2020, r 5
r 24 amd No. 14, 2020, r 6
r 24A ins No. 14, 2020, r 7
r 25 amd No. 12, 2018, r 4
r 27 amd No. 12, 2018, r 5
r 29 amd No. 12, 2018, r 6
r 33 amd No. 12, 2018, r 7
r 34 amd No. 12, 2018, r 8
r 37 amd No. 14, 2020, r 8
r 41A ins No. 12, 2018, r 9
amd No. 14, 2020, r 9
r 42 amd No. 12, 2018, r 10
r 43 sub No. 12, 2018, r 11
pt 3
div 5 hdg ins No. 14, 2020, r 10
r 53A ins No. 14, 2020, r 10
r 57 amd Act No. 28, 2018, s 25
pt 6 hdg amd No. 14, 2020, r 11
r 69 amd No. 14, 2020, r 12; Act No. 4, 2023, s 23
r 70 rep No. 14, 2020, r 13
r 71 amd No. 14, 2020, r 14
pt 6
div 3 hdg amd No. 14, 2020, r 15
rr 73 – 74 sub No. 14, 2020, r 16
rr 75 – 88 rep No. 14, 2020, r 16
ENDNOTES
Public and Environmental Health Regulations 2014 56
r 89 amd No. 14, 2020, r 17
r 90 rep No. 14, 2020, r 18
pt 6
div 4 hdg amd No. 14, 2020, r 19
r 91 amd No. 14, 2020, r 20
r 92 amd No. 14, 2020, r 21
r 93 amd No. 14, 2020, r 22
r 94A ins No. 14, 2020, r 23
pt 6
div 5 hdg sub No. 14, 2020, r 24
r 96 sub No. 14, 2020, r 24
pt 6
div 6 hdg ins No. 14, 2020, r 24
pt 6
div 6 hdg
sdiv 1 hdg ins No. 14, 2020, r 24
r 97 sub No. 14, 2020, r 24
pt 6
div 6
sdiv 2 hdg ins No. 14 2020, r 24
r 98 sub No. 14, 2020, r 24
r 99 sub No. 14, 2020, r 24
amd Act No. 26, 2020, r 3
r 100 sub No. 14, 2020, r 24
rr 100A –
100D ins No. 14, 2020, r 24
pt 6
div 6
sdiv 3 hdg ins No. 14, 2020, r 24
rr 100E –
100F ins No. 14, 2020, r 24
pt 6
div 6
sdiv 4 hdg ins No. 14, 2020, r 24
r 100G ins No. 14, 2020, r 24
r 102 ins Act No. 14, 2020, s 10
r 104 sub No. 14, 2020, r 25
pt 8
div 3 hdg ins No. 14, 2020, r 26
r 118 ins No. 14, 2020, r 26
sch 1 amd No. 14, 2020, r 27
sch 2 – 4 rep No. 14, 2020, r 28
sch 5 amd No. 12, 2018, r 12
sub No. 2, 2020, s 4
amd Act No. 14, 2020, s 11; No. 22, 2020, r 4; No. 14, 2020, r 29 as
amended by No. 22, 2020, r 6; Act No. 10, 2022, s 15