Western Australia

Health Act 1911

Health (Temporary Sanitary Conveniences) Regulations 1997

Reprint 1: The regulations as at 12 March 2004

Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original regulations are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions that would amend the text if they were to come into operation. The table refers to another endnote setting out the text of the amendments in full.

Notes amongst text (italicised and within square brackets)

Editorial notes show if something has been omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything omitted can be found in an earlier reprint (if there is one) or the regulations as published.

Reprint numbering and date

1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.

2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

Reprinted under the Reprints Act 1984 as

at 12 March 2004

Western Australia

Health (Temporary Sanitary Conveniences) Regulations 1997

CONTENTS

Part 1 — Introductory

1.Citation1

2.Interpretation1

Part 2 — Standard and construction of temporary toilets

3.Interpretation2

4.Standard and construction of temporary toilets2

5.Approval by the Executive Director, Public Health2

6.Certification by the Executive Director, Public Health2

7.Construction of temporary toilets generally3

8.Construction of toilets for lifting3

9.Walls4

10.Floors4

11.Roofs5

12.Doors5

13.Height5

14.Ventilation5

15.Lighting5

16.Toilet roll holder6

17.Toilet bowl, seat and cover6

18.Flushing facility6

19.Hand basin and tap6

20.Sewage storage tank7

Part 3 — Sanitary conveniences in relation to certain sites of works

Division 1 — General

21.Application8

Division 2 — Sanitary conveniences to be provided and maintained for the purposes of section 102 of the Act

22.Sanitary conveniences to be provided and maintained8

23.Number of sanitary conveniences8

24.Situation of sanitary conveniences generally8

25.Contiguous sites of works9

26.Types of sanitary convenience9

27.Local government may approve a bore hole privy9

28.Temporary toilets9

29.Bore hole privies10

30.Sanitary facilities for women11

Division 3 — Maintenance and removal of sanitary conveniences

31.Interpretation12

32.Maintenance of a temporary toilet12

33.Maintenance of a bore hole privy13

34.Removal of a bore hole privy14

35.Offences and penalties14

Notes

Compilation table15

Defined Terms

	Reprinted under the Reprints Act 1984 as
	at 12 March 2004

Western Australia

Health Act 1911

Health (Temporary Sanitary Conveniences) Regulations 1997

Part 1 — Introductory

1.Citation

These regulations may be cited as the Health (Temporary Sanitary Conveniences) Regulations 1997 1.

2.Interpretation

In these regulations, unless the contrary intention appears — 

“temporary toilet” means a toilet that is designed and constructed so that — 

(a)it may be connected to the sewerage system on a temporary basis; or

(b)it is connected to a sewage storage tank.

Part 2 — Standard and construction of temporary toilets

3.Interpretation

In this Part — 

“approved form” means a form approved by the Executive Director, Public Health.

4.Standard and construction of temporary toilets

For the purposes of section 107A of the Act, a temporary toilet is to be of a standard and construction — 

(a)that complies with the requirements of this Part; or

(b)that is approved by the Executive Director, Public Health under regulation 5.

5.Approval by the Executive Director, Public Health

(1)The Executive Director, Public Health may approve the standard and construction of a temporary toilet or type of temporary toilet that does not comply with the requirements of this Part.

(2)A person may, in an approved form, apply to the Executive Director for an approval under subregulation (1).

6.Certification by the Executive Director, Public Health

(1)The Executive Director, Public Health may certify a temporary toilet or type of temporary toilet as being of a standard and construction — 

(a)that complies with the requirements of this Part; or

(b)that is approved by the Executive Director, Public Health under regulation 5.

(2)The Executive Director may certify a temporary toilet under subregulation (1) for a particular area only.

(3)A person may, in an approved form, apply to the Executive Director, Public Health for a certification under subregulation (1).

7.Construction of temporary toilets generally

(1)The structural design of a temporary toilet is to comply with the requirements of the Building Code of Australia 1990, as from time to time amended and for the time being in force, issued by the Australian Uniform Building Regulations Coordinating Council.

(2)Every part of a temporary toilet is to be constructed to a trade finish.

(3)A temporary toilet is to be constructed so that no features can give rise to injury to a person or damage to clothing.

8.Construction of toilets for lifting

(1)In this regulation — 

“the formula” means the formula specified in clause 4.5.3.2(a) of the standard;

“the standard” means the standard designated AS 1418.1 — 1994, as from time to time amended and for the time being in force, published by the Standards Association of Australia 2.

(2)A temporary toilet is to be able to safely withstand an increased weight during lifting of the toilet and all its equipment including any storage tank at full capacity.

(3)Subject to subregulation (4), the increased weight during lifting of a toilet is to be calculated in accordance with the formula.

(4)If the dynamic multiplier for hoisting referred to in the formula is determined under the standard to be a value less than 1.8, that value is taken to be 1.8.

(5)A temporary toilet is to be fitted with suitable lifting loops or points to facilitate the loading of the temporary toilet onto and off a delivery vehicle.

9.Walls

The walls of a temporary toilet are to be — 

(a)impact and corrosion resistant;

(b)impervious;

(c)smooth;

(d)washable; and

(e)opaque.

10.Floors

(1)The floor of a temporary toilet is to be constructed of a material that is — 

(a)corrosion resistant;

(b)impervious;

(c)rigid; and

(d)washable.

(2)The floor surface of a temporary toilet is to be unbroken and slip resistant.

(3)The floor of a temporary toilet is to be raised above ground level and sloped to allow outward drainage.

(4)A temporary toilet is to have a minimum useable floor area of 0.35 m2.

(5)The floor of a temporary toilet is to be capable of withstanding a working load of 1.8 kN, applied over an area of 100 mm x 100 mm in any location within the floor area, in addition to any equipment and floor dead loads.

11.Roofs

The roof of a temporary toilet is to be constructed of a material that is — 

(a)impact and corrosion resistant;

(b)impervious; and

(c)washable.

12.Doors

(1)The door of a temporary toilet is to be constructed of material that is — 

(a)impact and corrosion resistant;

(b)impervious;

(c)washable;

(d)opaque; and

(e)fitted to ensure privacy.

(2)A temporary toilet door is to be capable of being latched closed both internally and externally.

13.Height

A temporary toilet is to have a minimum, effective internal height of 1 900 mm, measured from the base of the floor area to the lowest part of the roof structure.

14.Ventilation

A temporary toilet is to have a minimum total of 320 cm2 of fixed, cross ventilation.

15.Lighting

A temporary toilet is to be provided with natural lighting to a minimum of 350 lux service illuminance, measured on the floor when the door is in a closed position.

16.Toilet roll holder

A temporary toilet is to be fitted with a toilet roll holder.

17.Toilet bowl, seat and cover

(1)A temporary toilet is to be fitted with a toilet bowl, seat and cover.

(2)The toilet bowl, seat and cover are to be constructed of material that is — 

(a)impact and corrosion resistant;

(b)impervious;

(c)smooth; and

(d)washable.

(3)The toilet bowl is to be fitted with a water seal.

18.Flushing facility

A temporary toilet is to have a flushing mechanism which is — 

(a)effective;

(b)watertight;

(c)of durable quality; and

(d)capable of — 

(i)providing a minimum of 200 ml per flush; and

(ii)washing the entire bowl.

19.Hand basin and tap

(1)A temporary toilet is to be fitted with a hand basin and a tap.

(2)Where water supply is from a holding tank, the tap is to provide a minimum flow of water of 50 ml per action of the tap.

(3)The hand basin is to be capable of holding water to facilitate hand washing.

(4)The hand basin is to have a waste outlet which is suitably trapped.

20.Sewage storage tank

(1)Where a temporary toilet is connected to a sewage storage tank, the tank is to be constructed and equipped in accordance with this regulation.

(2)A sewage storage tank is to be moulded in one piece from material which is — 

(a)impact and corrosion resistant;

(b)impervious; and

(c)finished to provide a smooth surface both internally and externally.

(3)A sewage storage tank is to be constructed so that it does not leak.

(4)A sewage storage tank is to have a minimum useable capacity of 200 l.

(5)A sewage storage tank is to be vented through the roof of the unit by a vent pipe that — 

(a)has a minimum diameter of 40 mm; and

(b)is fitted with a cowl.

(6)A sewage storage tank is to be fitted with a draw off point for the emptying of the tank.

(7)Where the draw off point for a sewage storage tank is situated externally — 

(a)it is to be fitted with a device to enable emptying of the tank without causing spillage; and

(b)it is to be capable of being secured so that it cannot be tampered with or opened by a person who is not authorised to do so.

Part 3 — Sanitary conveniences in relation to certain sites of works

Division 1 — General

21.Application

(1)The regulations in this Part apply to all districts as if they were local laws made under the Act.

(2)This Part applies to a site of works on the construction, erection, installation, alteration, repair, maintenance, cleaning, painting, renewal, removal, excavation, dismantling or demolition, of, or in addition to, any building or structure that does not exceed 3 storeys.

(3)For the purposes of subregulation (2) — 

“storey” includes any storey which is under the ground level.

Division 2 — Sanitary conveniences to be provided and maintained for the purposes of section 102 of the Act

22.Sanitary conveniences to be provided and maintained

For the purposes of section 102 of the Act, the number, situation, construction, dimensions and equipment of sanitary conveniences to be provided and maintained on a site of works are those specified in this Division.

23.Number of sanitary conveniences

One sanitary convenience is to be provided and maintained on a site of works, for the use of every 20 persons, or fraction of 20 persons, engaged on the work.

24.Situation of sanitary conveniences generally

A sanitary convenience on a site of works is to be situated within 90 m of the work place of the persons for whom it is required.

25.Contiguous sites of works

Where the same person undertakes work on contiguous sites of works, sanitary conveniences may be provided and maintained in relation to the sites as if the sites were one site.

26.Types of sanitary convenience

A sanitary convenience on a site of works is to be — 

(a)a temporary toilet; or

(b)a bore hole privy, in the case where the relevant local government has approved the use of a bore hole privy on the site in accordance with regulation 27.

27.Local government may approve a bore hole privy

A local government may approve the use of a bore hole privy on a site of works in the district of the local government if it is of the opinion that by virtue of the remoteness or isolation of the site, it is not practicable for a temporary toilet to be provided on the site.

28.Temporary toilets

(1)A temporary toilet on a site of works is to comply with the requirements of this regulation.

(2)A temporary toilet is to be situated — 

(a)on a level and stable site;

(b)in such a manner so that it is accessible at all times;

(c)at least 2 m from any property boundary; and

(d)in the case where the toilet is connected to a sewage storage tank, so as to allow collection of sewage from the tank.

(3)A temporary toilet is to be of the standard and construction specified in Part 2.

(4)A temporary toilet is to be certified or of a type certified under regulation 6 for the relevant area.

(5)A temporary toilet is to be equipped with a supply of toilet paper.

(6)The bowl and any taps fitted in a temporary toilet are to be supplied with potable water from — 

(a)a water supply service provided under the Water Services Licensing Act 1995 3; or

(b)from a water supply holding tank having a capacity of not less than 50 l.

(7)The design and construction of a water supply holding tank is to be such as to prevent contamination from any sewage storage tank.

(8)The bowl and basin fitted in a temporary toilet are to discharge waste water — 

(a)to the sewerage system; or

(b)to a sewage storage tank.

(9)Where a temporary toilet is connected to a sewage storage tank, additives of the type and quantity approved by the Executive Director, Public Health are to be added to the tank.

29.Bore hole privies

(1)A bore hole privy on a site of works is to comply with the requirements of this regulation.

(2)A bore hole privy is to be situated — 

(a)at least 30 m from any underground water supply which is intended or available for human consumption; or

(b)at least 2 m from any property boundary.

(3)The bore hole of a bore hole privy is to be — 

(a)not less than 1.2 m nor more than 2.4 m deep; and

(b)not less than 150 mm nor more than 205 mm in diameter.

(4)A bore hole privy is to have an enclosure which is — 

(a)structurally sound;

(b)fitted with a lockable door;

(c)fly proof; and

(d)made of material which is — 

(i)impact and corrosion resistant;

(ii)impervious;

(iii)smooth; and

(iv)washable.

(5)A bore hole privy is to be constructed so that no feature poses a risk of injury to a person or damage to property.

(6)A bore hole privy is to be fitted with the following equipment, namely — 

(a)a pedestal type pan, seat and cover constructed of material that is — 

(i)impact and corrosion resistant;

(ii)impervious;

(iii)smooth; and

(iv)washable;

(b)a slab into which the pan fits; and

(c)a toilet roll holder and a supply of toilet paper.

30.Sanitary facilities for women

A sanitary convenience on a site of works is to include sanitary facilities that cater for the particular needs of women engaged on the work.

Division 3 — Maintenance and removal of sanitary conveniences

31.Interpretation

In this Division — 

“responsible person” in relation to a sanitary convenience on a site of works means — 

(a)a person who undertakes work on the site; or

(b)in the case where the sanitary convenience or any part of the sanitary convenience is hired — 

(i)a person undertaking work on the site; or

(ii)the person from whom the toilet was hired.

32.Maintenance of a temporary toilet

(1)A responsible person must ensure that a temporary toilet on a site of works is maintained in a clean and serviceable condition.

(2)Without limiting subregulation (1), a responsible person must ensure that a temporary toilet on a site of works is serviced once in every 2 weeks, or in such shorter period as directed by an environmental health officer.

(3)For the purposes of subregulation (2), a temporary toilet is serviced by — 

(a)checking the operation of the toilet and replacing any damaged or broken parts;

(b)replenishing the toilet paper;

(c)effectively sanitizing the internal area of the toilet, including — 

(i)the floor; and

(ii)the seat and bowl;

(d)in the case where the toilet is supplied with water from a holding tank, replenishing the water supply; and

(e)in the case of a toilet connected to a sewage storage tank — 

(i)emptying the sewage storage tank via a draw off point provided in accordance with regulation 20(6);

(ii)effectively and thoroughly washing out the sewage storage tank; and

(iii)adding to the sewage storage tank additives of the type and quantity approved by the Executive Director, Public Health.

(4)If sewage is spilled during the emptying of a sewage storage tank under subregulation (3)(e)(i), a responsible person must ensure that the spilled sewage is cleaned up immediately.

(5)A person undertaking work on a site must ensure that a temporary toilet on the site is securely locked during a time when it is not being used.

(6)A responsible person must ensure that the draw off point on the sewage storage tank of a temporary toilet on a site of works is secured during a time when the sewage storage tank is not being emptied under subregulation (3)(e)(i).

33.Maintenance of a bore hole privy

(1)A responsible person must ensure that a bore hole privy on the site is maintained in a clean and serviceable condition.

(2)Without limiting subregulation (1), a responsible person must ensure that a bore hole privy on the site is serviced once in every 2 weeks, or in such shorter period as directed by an environmental health officer.

(3)For the purposes of subregulation (2), a bore hole privy is serviced by — 

(a)checking the bore hole privy and replacing or repairing any damaged or broken parts of the enclosure or equipment;

(b)replenishing the toilet paper; and

(c)effectively sanitizing the pan, seat, cover and slab of the bore hole privy.

34.Removal of a bore hole privy

(1)A responsible person must remove a bore hole privy from the site immediately after the bore hole privy ceases to be required.

(2)Where a bore hole privy is removed from a site of works, a responsible person must ensure that — 

(a)the pan is thoroughly cleansed; and

(b)the bore hole is filled with clean earth.

35.Offences and penalties

A person who contravenes a provision of this Division commits an offence and is liable to — 

(a)a penalty which is not more than $1 000 and not less than — 

(i)in the case of a first offence, $100;

(ii)in the case of a second offence, $200; and

(iii)in the case of a third or subsequent offence, $500;

and

(b)if that offence is a continuing offence, a daily penalty which is not more than $100 and not less than $50.

Notes

1This is a reprint as at 12 March 2004 of the Health (Temporary Sanitary Conveniences) Regulations 1997. The following table contains information about those regulations and any reprint.

Compilation table

Citation	Gazettal	Commencement
Health (Temporary Sanitary Conveniences) Regulations 1997	1 Jul 1997 p. 3279‑96	1 Jul 1997
Reprint 1: The Health (Temporary Sanitary Conveniences) Regulations 1997 as at 12 Mar 2004

2The Standards Association of Australia has changed its corporate status and its name. It is now known as Standards Australia International Limited (ACN 087 326 690). It also trades as Standards Australia.

3Formerly referred to as the Water Services Coordination Act 1995 the short title of which was changed to the Water Services Licensing Act 1995 by the Economic Regulation Authority Act 2003 s. 62. The reference was changed under the Reprints Act 1984 s. 7(3)(gb).

Defined Terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined TermProvision(s)

approved form3

responsible person31

storey21(3)

temporary toilet2

the formula8(1)

the standard8(1)

By Authority: JOHN A. STRIJK, Government Printer