Health Act 1911

Health (Poultry Manure) Regulations 2001

Reprint 1: The regulations as at 10 May 2013


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 and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Transitional, savings, modifying or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

2.The other kind of editorial note shows something has been —

·removed (because it was repealed or deleted from the law); or

·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 removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

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 10 May 2013

Health (Poultry Manure) Regulations 2001

Contents

1.Citation1

2.Commencement1

3.Terms used1

4.Regulations to operate as local laws2

5.Untreated poultry manure specified to be a “hazardous substance”2

6.Storage, etc., of untreated poultry manure3

8.Offences3

9.Penalty4

10.Expiry of regulations4

Notes

Compilation table5

Defined terms

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 10 May 2013

Health Act 1911

Health (Poultry Manure) Regulations 2001

1.Citation

These regulations may be cited as the Health (Poultry Manure) Regulations 2001 1.

2.Commencement

These regulations come into operation on 1 September 2001.

3.Terms used

In these regulations —

approved means approved by the Executive Director, Public Health;

commercially‑derived, in relation to poultry manure, means poultry manure that is the result of a commercial poultry undertaking, including egg production through “layer” farming, or meat production through “broiler” farming;

poultry means chickens, ducks, geese, emus, ostriches, turkeys, waterfowl, and any other birds bred or kept for commercial purposes (other than for the purpose of sale as pets);

process means a process for the treatment of untreated poultry manure that is intended to prevent flies from breeding in the manure after treatment by that process;

untreated poultry manure means poultry manure, whether or not mixed with other materials, that has not been subject to treatment by an approved process.

4.Regulations to operate as local laws

(1)These regulations apply to the local government districts set out in Table 1 to this regulation as if they were local laws made under the Act.

Table 1

City of Armadale

Town of Kwinana

City of Cockburn

Shire of Chittering

City of Joondalup

Shire of Gingin

City of Rockingham

Shire of Harvey

City of Swan

Shire of Kalamunda

City of Wanneroo

Shire of Serpentine‑Jarrahdale.

(2)These regulations apply to the parts of the local government districts set out in Table 2 to this regulation as if they were local laws made under the Act.

Table 2

The portion of the Shire of Murray described as the Peel Harvey Coastal Plain Catchment SPP No. 2 in the Gazette of 21 February 1992 at p. 945‑55 (a detailed map of which may be inspected at the office of the Environmental Health Services of the Department of Health, Grace Vaughan House, 227 Stubbs Terrace, Shenton Park, Perth, during normal office hours).

[Regulation 4 amended in Gazette 30 Nov 2001 p. 6072‑3.]

5.Untreated poultry manure specified to be a “hazardous substance”

Under section 199(21) of the Act, untreated poultry manure is specified to be a “hazardous substance”.

6.Storage, etc., of untreated poultry manure

(1)A commercial producer of untreated poultry manure may store commercially‑derived untreated poultry manure at the place of production, at any time.

(2)A person undertaking an approved process in relation to untreated poultry manure may store commercially‑derived untreated poultry manure at any time for the purposes of treating that manure.

(3)A person may store, supply, sell, transport, or use commercially‑derived untreated poultry manure at any time for the purposes of —

(a)treating that manure by an approved process; or

(b)temporary storage of the manure at a landfill site that is subject to an appropriate licence under Part V of the Environmental Protection Act 1986.

(4)A person may supply, sell or transport commercially‑derived unprocessed poultry manure at any time if the purpose is to deliver that manure to an area of the State where these regulations do not apply.

[Regulation 6 amended in Gazette 20 Oct 2006 p. 4469; 24 May 2011 p. 1896.]

[7.Deleted in Gazette 24 May 2011 p. 1896.]

8.Offences

(1)Unless a person is specifically permitted to do so under regulation 6, a person shall not store commercially‑derived untreated poultry manure.

Penalty: see regulation 9.

(2)Unless a person is specifically permitted to do so under regulation 6(3) or 6(4), a person shall not supply commercially‑derived untreated poultry manure.

Penalty: see regulation 9.

(3)Unless a person is specifically permitted to do so under regulation 6(3) or 6(4), a person shall not sell commercially‑derived untreated poultry manure.

Penalty: see regulation 9.

(4)Unless a person is specifically permitted to do so under regulation 6(3) or 6(4), a person shall not transport commercially‑derived untreated poultry manure.

Penalty: see regulation 9.

(5)Unless a person is specifically permitted to do so under regulation 6(3), a person shall not use commercially‑derived untreated poultry manure.

Penalty: see regulation 9.

[Regulation 8 amended in Gazette 24 May 2011 p. 1896.]

9.Penalty

The penalty for an offence under regulation 8 is —

(a)in the case of a first offence — a penalty which is not less than $100 and not more than $1 000; and

(b)in the case of a second offence — a penalty which is not less than $200 and not more than $1 000; and

(c)in the case of a third or subsequent offence — a penalty which is not less than $500 and not more than $1 000; and

(d)in the case of a continuing offence — a daily penalty which is not more than $100 and not less than $50.

10.Expiry of regulations

These regulations expire on 1 September 2013.

[Regulation 10 inserted in Gazette 24 May 2011 p. 1897.]

dline

 

Notes

1This reprint is a compilation as at 10 May 2013 of the Health (Poultry Manure) Regulations 2001 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Health (Poultry Manure) Regulations 2001

24 Aug 2001 p. 4577-80

1 Sep 2001 (see r. 2)

Health (Poultry Manure) Amendment Regulations 2001

30 Nov 2001 p. 6072-3

30 Nov 2001

Health (Poultry Manure) Amendment Regulations 2006

20 Oct 2006 p. 4469

20 Oct 2006

Health (Poultry Manure) Amendment Regulations 2011

24 May 2011 p. 1896-7

r. 1 and 2: 24 May 2011 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Sep 2011 (see r. 2(b))

Reprint 1: The Health (Poultry Manure) Regulations 2001 as at 10 May 2013 (includes amendments listed above)

 

 

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)

approved3

commercially‑derived3

poultry3

process3

untreated poultry manure3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer