reg 1Citation
These Regulations may be cited as the Public and Environmental
Health Regulations 2014.
These Regulations may be cited as the Public and Environmental
Health Regulations 2014.
These Regulations commence on 1 July 2014.
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.
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.
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.
Schedule 1 prescribes the fees payable for the matters specified in it.
For section 52A(1) of the Act, the prescribed maximum fee is $10 000.
For section 57E(1) of the Act, the prescribed maximum fee is $10 000.
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.
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
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:
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.
regulated activity means providing any of the following for payment or reward:
commercial visitor accommodation;
a place or mobile operator engaging in any of the following:
hairdressing;
body art;
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
removal of, or pulling out, hair by waxing.
staff includes an employee or agent of a person.
visitor, see regulation 26.
(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.
Examples of beauty therapy include the following:
facial;
body wrap;
exfoliation or microdermabrasion;
manicure or pedicure;
epilation, waxing or threading;
the application of semi-permanent makeup or cosmetic tattooing.
However, beauty therapy does not include:
spray tanning; or
the application of cosmetics.
A person provides commercial visitor accommodation if:
the person provides temporary accommodation at a place; and
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
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.
(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 single child under 3 years of age is not to be counted; and
2 children under 3 years of age are to be counted as one visitor.
(1) The CHO may, in writing, exempt a proprietor of a business from a regulation in this Part.
An application for an exemption must be in the approved form.
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
(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
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