Town of Port Hedland Health Local law 2016
4592GOVERNMENT GAZETTE, WA 13 October 2016
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4592 GOVERNMENT GAZETTE, WA 13 October 2016 CEO means the Chief Executive Officer of the local government; district means— (a) the district of the local government under the Local Government Act 1995; (b) any area placed under the jurisdiction of the local government under section 22 of the Act; and (c) any river, harbour or other water deemed to be within the district of the local government under section 25 of the Act; dwelling house means a place of residence containing at least one sleeping room and includes a room or outbuilding separate from, but ancillary to, the building in which the sleeping room is located; EHO means an Environmental Health Officer appointed by the local government under the Act and includes any acting or Assistant Environmental Health Officer; habitable room means a room used for normal domestic activities, and— (a) includes a bedroom, living room, lounge room, music room, television room, kitchen, dining room, sewing room, study, play-room, family room and sun-room or the like; but (b) excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, lobby, photographic dark room, clothes-drying room, and other spaces of a specialised nature occupied neither frequently nor for extended periods; hot water means water at a temperature of at least 65 degrees Celsius; local government means the Town of Port Hedland; Manager Environmental Health means an Environmental Health Officer appointed by the local government to the office of Manager Environmental Health and includes an Acting Manager Environmental Health, or most senior Environmental Health Officer; medical officer means the medical officer appointed by the local government under the Act and includes an acting medical officer so appointed; nuisance means— (a) An activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law; (b) An unreasonable interference with the use and enjoyment of a person of his or her ownership or occupation of land; or (c) Interference which causes material damage to land or other property on the land affected by the interference; public place includes every place to which the public ordinarily have access, whether by payment of a fee or not; sanitary convenience includes urinals, water-closets, earth-closets, privies, sinks, baths, wash troughs, apparatus for the treatment of sewage, ash-pits, ash-tubs, or other receptacle for the deposit of ashes, faecal matter or refuse and all similar conveniences; sewage means any kind of sewage, nightsoil, faecal matter or urine, and any waste composed wholly or in part of liquid; sewer includes sewers and drains of every description, except drains to which the word “drain” as defined in the Act applies, including water channels constructed of stone, brick, concrete, or any other material, including the property of the local government; street includes any highway, and any public bridge, and any road, lane, footway, square, court, alley or passage, whether a thoroughfare or not; toilet means a water closet, earth closet, privy or urinal and includes a room or cubicle in which one or more of these is located; townsite means all townsites within the district which are— (a) constituted under section 26(2) of the Land Administration Act 1997; or (b) referred to in clause 37 of Schedule 9.3 of the Local Government Act 1995; vectors of disease includes fleas, flies, bedbugs, cockroaches, lice and any other insect prescribed by the local government; water means drinking water within the meaning of the Australian Drinking Water Guidelines as published by the National Health and Medical Research Council in 2011 and as amended from time to time; and window means a glass panel, roof light, glass brick, glass louvre, glazed sash, glazed door or other device which transmits natural light directly into a building. (2) Where, in this local law, a duty, obligation or liability is imposed on an “owner or occupier” the duty, obligation or liability shall be taken to be imposed jointly and severally on each of the owner or occupier. (3) Where, under this local law, an act is required to be done or forbidden to be done in relation to any premises, the owner or occupier of those premises has, unless the contrary intention appears, the duty of causing to be done the act so required to be done, or of preventing from being done the act so forbidden to be done, as the case may be.