|PART 3 - HOUSING AND GENERAL
Division 1 - Maintenance of Houses and other Structures
Dwelling House and Other Structures Maintenance
19. The owner or occupier of a dwelling house and other structures shall maintain the dwelling house and any appurtenant buildings in sound condition and fit for use and, in particular, shall -
(a) maintain all roofs, guttering and down pipes in sound weatherproof condition;
(b) maintain any footings, foundations and walls, either external or internal, in a sound condition;
(c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material in any verandah, roof, walls, steps, handrails, floors or their supports with material of sound quality;
(d) comply with the directions of an Environmental Health Officer to treat the premises for the purpose of destroying any termites;
(e) maintain any brick, stone, mortar or cement work in a sound condition;
(f) maintain, repair or replace any flashings or ant caps, which are missing or defective;
(g) maintain all ventilators in good order and repair;
(h) maintain all floors even in surface and free from cracks;
(i) maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and fittings complete and with smooth unbroken surfaces;
(j) maintain all doors and windows in good working order and weatherproof condition;
(k) retain all natural lighting free from any obstruction, which would reduce the natural lighting, below the ratio of 10% of the floor area;
(l) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewerage so that they comply in all respects with the provisions of the Metropolitan Water Supply, Sewerage and Drainage Act 1909 and any other legal requirements to which they are subject; and
(m) maintain all electric wiring, gas services and fittings to comply in all respects with the requirements of the Office of Energy.
Maintenance of Guttering and Down pipes and Disposal of Rainwater
20. The owner or occupier of a house shall -
(a) maintain all guttering, down pipes and drains on the premises in a good state of repair, clean and free from obstruction; and
(b) not permit any rainwater from the premises to discharge onto or over a footpath, street or other property.
Division 2 - Ventilation of Houses
Exemption for Short Term Hostels and Recreational Campsites
21. This Division shall not apply to short-term hostels and recreational campsites referred to in Division 2 of Part 8.
22. The owner or occupier of a house shall not permit -
(a) a room in the house that is not a habitable room to be used for sleeping purposes; or
(b) a habitable room in the house to be used for sleeping purposes unless -
(i) for every person over the age of 10 years using the room there is at least 14 cubic metres of air space per person; and
(ii) for every person between the ages of 1 and 10 years there is at least 8 cubic metres of air space per person; or
(c) any garage or shed to be used for sleeping purposes.
Calculate Sufficient Space
23. For the purpose of clause 23, in calculating the space required for each person -
(a) each room shall be considered separately and sufficient space shall be allowed in each room for the number of persons present in the room at any one time; and
(b) a deduction shall be made for the space occupied by furniture, fittings and projections of the walls into a room.
24. (1) A person shall not use or occupy, or permit to be used or occupied, a house unless the house is properly ventilated.
(2) For the purpose of sub clause (1) a house shall be deemed to be properly ventilated if it complies with the Building Code, including the provision of -
(a) natural ventilation; or
(b) a mechanical ventilation or air-conditioning system complying with AS1668.2 - 1991.
(3) The owner of a house provided with a mechanical ventilation or air-conditioning system shall ensure that the system is -
(a) maintained in good working condition and in accordance with AS/NZS 3666.2 -1995; and
(b) in use at all times the building is occupied, if it is a building without approved natural ventilation.
(4) If, in the opinion of the Manager, Environmental Health & Regulatory Services, a house is not properly ventilated, the Local government may by notice require the owner of the house to -
(a) provide a different, or additional method of ventilation; or
(b) cease using the house until it is properly ventilated.
(5) The owner shall comply with a notice under sub clause (4).
25. The owner or occupier of a house shall make provision for sub-floor ventilation by ensuring that air bricks and other openings are kept clear of refuse, vegetation, building materials, dirt and the like.
Division 3 - Water Supply
26. (1) The owner of a house shall ensure that it is connected with a separate and independent water supply from the mains of a licensed water service operator or a water supply to the satisfaction of the local government.
(2) The water supply shall at all times deliver an adequate supply of drinking water to each tap in the house or on the site on which the house is located.
Rain Water Tanks
27. The owner or occupier of a house for which part of the water supply is drawn from a rainwater tank shall -
(a) maintain in a clean condition -
(i) the roof forming the catchment for the tank; and
(ii) the guttering and down pipes appurtenant to the roof;
(b) ensure that each rainwater tank is fitted with a tight fitting mosquito proof cover, which shall not be removed at any time except for the purpose of cleaning, repairing or maintaining the tank;
(c) at least once in each year, thoroughly clean any tank the water from which is used for human consumption;
(d) when directed by an Environmental Health Officer, empty, clean and disinfect any tank upon the premises, the water from which is used for human consumption.
Wells and Bores
28. The owner or occupier of any premises shall not use or permit for human consumption the use of the water of any bore or well unless the bore or well is -
(a) at least 30 metres from any soak well or other possible source of pollution, unless otherwise approved by the Executive Director of Public Health; and
(b) covered with a tight-fitting cover without openings of any sort other than those essential for the insertion of a pump.
29. A person shall not deposit on or under any land, any sewage, offensive matter or any other thing which may pollute or render unfit for human consumption, water from a well or other underground source.
Division 4 - Second-hand Furniture, Bedding and Clothing
Prohibition of Sale
30. A person shall not offer for sale or sell any second-hand furniture, bedding or clothing, which is filthy or infested with vectors of disease.
Prohibition of Possession
31. A dealer in second-hand furniture, bedding or clothing shall not have on any premises used for the operation of the business any second-hand furniture, bedding or clothing which is filthy or infested with vectors of disease.
Division 5 - Morgues
Application and Licensing of Morgues
32. (1) All morgues, other than police, public hospital or local government morgues are required to be licensed
(2) An application for a licence of a morgue shall be –
(a) made by the applicant, in the form as prescribed in Schedule 7; and
(b) made to local government with the fee the fee as fixed from time to time by Council under section 344C of the Act.
(3) A licence shall -
(a) be in the form set out in Schedule 8; and
(b) expire on 30 June next after the date of its issue.
(4) A licence shall not be granted in respect of any premises unless -
(a) provision has been made for the keeping of the bodies of the dead at a temperature not exceeding zero degrees Celsius;
(b) the walls are constructed of stone or brickwork or other approved material;
(c) the interior surface of all walls is covered with glazed tiles or is rendered impervious so as to be non-absorbent and washable;
(d) all floors are constructed of some impervious material, having a fall to an outlet discharging over a trapped gully; and
(e) the premises are adequately ventilated by direct communication with the outside air.
PART 4 WASTE FOOD AND REFUSE
Division 1 - Liquid Refuse
33. In this division, unless the context otherwise requires -
"liquid refuse" includes swimming pool discharges all washings from windows and vehicles, overflow, bleed off, condensate and drainage from air conditioning equipment including cooling towers and evaporative coolers and other liquid used for cooling purposes;
"liquid waste" means bathroom, kitchen, scullery and laundry wastes, all washings from animal and poultry pens and any other domestic or trade wastes that are discharged by means of a drain to a receptacle for drainage; and
"licenced carrier" means a transporter licensed under the Environmental Protection (Liquid Waste) Regulations 1996.
Deposit of Liquid Refuse
34. A person shall not deposit or cause or permit to be deposited liquid refuse or liquid waste -
(a) on a street;
(b) in a storm water disposal system; or
(c) on any land or place other than a place or depot duly authorised for that purpose.
Disposal of Liquid Waste
35. (1) The owner or occupier of premises shall -
(a) provide, by one of the methods prescribed in this clause, for the disposal of all liquid waste produced on the premises; and
(b) at all times maintain in good working order and condition any apparatus used for the disposal of liquid waste.
(2) Liquid waste shall be disposed of by one of the following methods -
(a) discharging it into the sewerage system of a licensed water service operator in a manner approved by the licensed water service operator;
(b) discharging it into an apparatus for the treatment of sewage and disposal of effluent and liquid waste approved by the Executive Director, Public Health or the local government;
(c) collection and disposal at an approved liquid waste disposal site in a manner approved by the Executive Director Public Health.
Approval for Septic Tank Pump outs
36. A person shall not -
(a) unless he or she is a licensed carrier;
(b) without the written approval of the local government; and
(c) except in accordance with any terms and conditions imposed by the local government or the Executive Director, Public Health in connection with the approval under paragraph (b),
collect, remove or dispose of the contents of a septic tank, the pump outs from holding tanks or an apparatus for the treatment of sewage.
Application for Approval
37. (1) A licensed carrier may apply in writing to the local government for approval to collect, remove or dispose of the contents of a septic tank, the pump outs from holding tanks or an apparatus for the treatment of sewage.
(2) The local government may grant or refuse an application under this clause subject to conditions relating to -
(a) the time and method of collection, removal or disposal of the contents; or
(b) the route to be followed by a vehicle used in collection, removal or disposal of the contents.
(3) Any conditions imposed by the local government under this clause shall be –
(a) specified in the written approval of the local government; and
(b) in addition to any conditions imposed by the Executive Director Public Health or conditions applying under any other law.
(4) The local government may from time to time vary conditions imposed by it under this clause by giving written notice of the variation to the person to whom approval was given.
Notice of Intention
38. A person to whom approval has been given under clause 38 shall, at least 24 hours before collecting, removing or disposing of the contents of a septic tank or an apparatus for the treatment of sewage, notify the Manager, Environmental Health Services of his or her intention to do so.
Division 2 - Disposal of Refuse
39. In this division, unless the context otherwise requires -
“approved position” means an area so determined by the Manager, Environmental Health & Regulatory Services;
“building line” has the same meaning given to it and for the purposes of the Local Government (Miscellaneous Provisions) Act 1960;
“collection day” means the day of the week on which rubbish and refuse is collected and removed by local government or its contractor;
"collection time", where used in connection with any premises, means the time when rubbish or refuse is collected and removed from the premises by the local government or its contractor;
“commercial waste” means refuse, trade waste and other rubbish generated by or emanating from commercial premises;
“domestic waste” means refuse, household waste and other rubbish generated by or emanating from domestic premises;
"public place" includes a street, way or place, which the public are allowed to use, whether the street, way or place is or is not on private property;
"rubbish or refuse" includes any filth, dirt, ashes, vegetation, garden refuse, waste material, waste food, sludge, offensive matter, cinders, wood or metal shavings and sawdust but does not include liquid waste or liquid refuse;
"refuse disposal site" means a waste treatment facility or depot licenced under part V of the Environmental Protection Act 1986 to store, treat, reuse or dispose of rubbish or refuse;
"receptacle" means a polyethylene cart fitted with wheels, a handle and a lid and having a capacity of at least 120 litres, 240 litres or 1100 litres supplied by Local government or its Contractor or any other type of receptacle as approved by local government;
"street" includes -
- a highway; and
- a thoroughfare;
which the public are allowed to use and includes every part of the highway or thoroughfare, and other things including bridges and culverts, appurtenant to it; and
"street alignment" means the boundary between the land comprising a street and the land that abuts thereon, but where a new street alignment is prescribed under the Local Government (Miscellaneous Provisions) Act 1960, means the new street alignment so prescribed.
40. An owner or occupier of premises shall -
(a) at all times keep the lid of the receptacle closed except when depositing rubbish or refuse or cleaning the receptacle;
(b) except for a reasonable period before and after collection time, keep the receptacle on the premises and located -
(i) behind the building line and so as not to be visible from a street or public place; or
(ii) in such other approved position as determined by the Manager, Environmental Health & Regulatory Services;
(c) on collection day prior to 6.00 am, place the receptacle between 1 and 4 metres from the street alignment of the premises or any other approved location as determined by the Manager, Environmental Health & Regulatory Services but so that it does not obstruct any footpath, cycle way, right-of-way or carriage way;
(d) ensure that the receptacle is returned behind the building line of the premises within a reasonable time, once the contents have been removed;
(e) if the receptacle is lost, stolen, damaged or defective, notify the local government within 7 days after the event; and
(f) ensure that the premises is provided with an adequate number of receptacles.
Use of Receptacles
41. An owner or occupier of premises shall -
(a) not deposit or permit to be deposited in a receptacle -
(i) more than 40 kilograms (120 litre receptacle), 70 kilograms (240 litre receptacle) or 400 kilograms (110 litre receptacle) of rubbish or refuse;
(ii) hot or burning ash;
(iii) oil motor, spirit or other flammable liquid;
(iv) liquid, liquid paint or other solvent;
(v) bricks, concrete, building rubble, earth or other like substances;
(vi) drugs, dressings, bandages, swabs or blood samples unless placed in a sealed impervious and leak-proof container;
(vii) hospital, medical, veterinary, laboratory or pathological substances containing blood unless placed in a sealed impervious and leak proof container;
(viii) syringes, needles, surgical hardware, broken glass, sharps or other sharp objects unless placed in a sealed impervious leak-proof and impenetrable container;
(ix) cytotoxics, radioactive substances and dangerous chemicals;
(x) sewage, manure, night soil, faeces or urine;
(xi) any object which is greater in length, width, or breadth than the corresponding dimension of the receptacle or which will not allow the lid of the receptacle to be tightly closed; or
(xii) rubbish or refuse which is or is likely to become offensive or a nuisance, or give off an offensive or noxious odour, or to attract flies or cause fly breeding unless it is first wrapped in non-absorbent or impervious material or placed in a sealed impervious container;
(b) unless authorised by the Manager, Environmental Health Service, not mark or disfigure the receptacle in any manner other than by the placement of a street number or other identifying mark;
(c) at all times keep the receptacle in a clean condition;
(d) whenever directed to do so by an Environmental Health Officer, thoroughly clean, disinfect, deodorise and apply a residual insecticide to the receptacle;
(e) take all reasonable steps to prevent -
(i) fly breeding and keep the receptacle free of flies, maggots, cockroaches, rodents and other vectors of disease; and
(ii) the emission of offensive and noxious odours from the receptacle; and
(f) ensure that the receptacle does not cause a nuisance to the occupiers of adjoining premises.
(g) not use the receptacle for any purpose other than the collection of refuse and rubbish.
Damage to Receptacles
42. A person, other than the local government or its contractor, shall not -
(a) damage, destroy or interfere with a receptacle; or
(b) except as permitted by these Local Laws or as authorised by an Environmental Health Officer, remove a receptacle from any premises to which it was delivered by the local government or its contractor.
Use of Other Containers
43. (1) In the case of premises consisting of more than 4 dwellings, any premises used for commercial or industrial purposes or as a food premises, the Manager, Environmental Health & Regulatory Services may authorise rubbish or refuse to be deposited in a container other than a receptacle.
(2) The owner or occupier of premises who is authorised under this sub clause to deposit rubbish or refuse in a container shall -
(a) subject to subclause (4), unless approved by the Manager, Environmental Health & Regulatory Services, not deposit or permit to be deposited in the container anything specified in clause 41(a)(ii) - (xii);
(b) take all reasonable steps to prevent fly breeding in, and the emission of offensive or noxious odours from, the container;
(c) whenever directed by an Environmental Health Officer to do so, thoroughly clean, disinfect, deodorise and apply a residual insecticide to the container;
(d) cause the container to be located on the premises in an enclosure constructed and located as approved by the Manager, Environmental Health & Regulatory Services;
(e) ensure that the container is not visible from the street but is readily accessible for the purposes of collection; and
(f) ensure that the container does not cause a nuisance to an occupier of adjoining premises.
(3) An owner or occupier shall -
(a) ensure that there are sufficient number of containers provided to contain all rubbish and refuse which accumulates or may accumulate in or from the premises;
(b) ensure that each container on the premises -
(i) has a close fitting lid;
(ii) is constructed of non-absorbent and non-corrosive material; and
(iii) is clearly marked, for the use of, and is used only for, the temporary deposit of rubbish or refuse;
(c) keep or cause to be kept each container thoroughly clean and in good condition and repair;
(d) place any rubbish or refuse in, and only in, a container marked for that purpose;
(e) keep the cover on each container except when it is necessary to place something in, or remove something from, it; and
(f) ensure that the containers are emptied at least weekly or as directed by an Environmental Health Officer.
(4) In the case of premises used for multi-residential, commercial or industrial purposes where it is considered that a 240 litre receptacle is not practical, the Manager, Environmental Health & Regulatory Services may exercise discretion as to the number and type of receptacles to be provided and to the number of collections required each week, to provide not less than 240 litres of rubbish or refuse disposal capacity per identifiable tenement;
44. (1) An owner or occupier of premises -
(a) consisting of more than 4 dwellings that have not been provided with individual receptacles; or
(b) used for commercial, industrial purposes or as a food premises,
shall if required by the Manager, Environmental Health & Regulatory Services provide a suitable enclosure for the storage and cleaning of receptacles on the premises;
(2) An owner or occupier of premises required to provide a suitable enclosure under this clause shall keep the enclosure thoroughly clean and disinfected.
(3) For the purposes of this clause, a "suitable enclosure" means an enclosure -
(a) of sufficient size to accommodate all receptacles used on the premises but in any event having a floor area not less than a size approved by the Manager, Environmental Health & Regulatory Services;
(b) constructed of brick, concrete, corrugated compressed fibre cement sheet or other material of suitable thickness approved by the Manager, Environmental Health & Regulatory Services;
(c) having walls not less than 1.5 metres in height and having an access way of not less than 1 metre in width and fitted with a self closing gate;
(d) containing a smooth and impervious floor -
(i) of not less than 75 millimetres in thickness; and
(ii) which is evenly graded to an approved liquid refuse disposal system;
(e) which is easily accessible to allow for the removal of the receptacles, without negotiating steps or uneven surfaces; and
(f) provided with a tap connected to an adequate water supply.
Removal of Rubbish from Premises or Receptacle
45. (1) A person shall not remove any rubbish or refuse from any premises or street verge, unless that person is -
(a) the owner or occupier of the premises;
(b) authorised in writing to do so by the ;ocal government
(2) A person shall not remove any rubbish or refuse from the receptacle or other container provided for the use of the general public in a public place unless authorised to do so in writing by the local government;
(3) Where the local government provides:-
(a) a collection service for recyclable material, the occupier of premises shall comply with and observe the directions of the Local government in relation to that collection; and
(b) a collection of bulk material, the occupier of premises shall comply with and observe the directions given by the local government in relation to that collection.
Burning Rubbish or Refuse
46. (1) A person shall not -
(a) without the written approval of the Manager, Environmental Health & Regulatory Services; and
(b) except in accordance with the terms and conditions to which the approval is subject, set fire to, or cause to be set on fire, any rubbish or refuse either -
- in any incinerator; or
- on the ground.
(2) Subject to sub clause (3), an approval of the Manager, Environmental Health & Regulatory Services is issued subject to the following conditions -
(a) the material to be burnt -
(i) does not include any plastic, rubber, food scraps, green garden cuttings or other material offensive when burnt; and
(ii) is of such quantity, or of such a nature, as not to be suitable for removal by the local government's refuse collection service;
(b) there is no other appropriate means of disposal;
(c) burning shall not take place -
(i) during any period for which an air dispersion alert has been issued by the Bureau of Meteorology; or
(ii) where there is no current dispersion alert, outside the hours of 10.00 am to 3.00 pm; and
(d) an incinerator unit used for fire must be located -
(i) at least 2 metres from a fence or building; and
(ii) in such a position so as not to create a nuisance or be offensive to other persons.
(3) Subject to the local fire rules, the Manager, Environmental Health & Regulatory Services may grant approval to clear, by burning, fire breaks or vacant blocks of grass, straw, hay, undergrowth, herbage and other similar vegetation whether alive or dead and standing or not standing.
Division 3 - Transport of Butchers' Waste
47. In this Division, unless the context otherwise requires -
"butchers' waste" includes animal skeletons and rib cages from a boning room and the inedible products of an abattoir.
Restriction of Vehicles
48. A person shall not use, for the transport of butchers' waste -
(a) a vehicle used for the transport of food or drugs; or
(b) anything intended to be used for the packing or handling of food or drugs.
Transport of Butchers' Waste
49. (1) A person shall not transport butchers' waste otherwise than in -
(a) a compartment complying with the following specifications -
(i) the floor and 4 walls to be made of impervious material and the walls to be not less than 910 millimetres high;
(ii) all joints to be made watertight;
(iii) the loading doors, if any, to be water-tight and kept closed at all times except when loading; and
(iv) the top to be completely covered by impervious sheet material approved by the Manager, Environmental Health & Regulatory Services, carried over, and secured to the outside of the walls so as to keep the load out of sight of the public; or
(b) a watertight durable and impervious container fitted with a lid, which can be tightly closed.
(2) A person shall not transport any butchers' waste in a vehicle unless the vehicle and its fittings, including the compartment or container referred to in this clause, are -
(a) maintained in good order and condition; and
(b) thoroughly cleaned at the conclusion of each day's work.
(3) A person shall not load, transport, or unload butchers' waste in a manner that is or may be offensive due to -
(a) the sight of animal skeletons, bones, offal or waste matter;
(b) the odour of putrefaction, offal or waste matter; or
(c) the presence of blood and particles of flesh or fat dropping onto the surface of the street pavement or ground.