Regulation review program

In the lead up to stages 4 and 5 of implementation of the Public Health Act 2016 (the Public Health Act) the Environmental Health Directorate is required to review all 22 environmental health related regulations adopted under the Health (Miscellaneous Provisions) Act 1911 (the old Health Act 1911) to determine whether these public health risks must continue to be regulated under the new regulatory framework provided by the Public Health Act.

In order for a date to be set for the proclamation of stage 5, all new environmental health related regulations must be drafted and ready to be enacted on the proclamation date of stage 5.

It is proposed that the existing regulations will be consolidated, wherever possible, into a streamlined more manageable number of regulations that are grouped by appropriate public health risks / themes.

Proposed environmental health regulations

The proposed regulations, which are subject to change based on public consultation and advice from Parliamentary Counsels Office, are outlined below.

Proposed new subsidiary legislation themes under the new Public Health Act 2016 Intended purpose of proposed legislation Existing regulations under the Health (Miscellaneous Provisions)Act 1911 likely to be amalgamated
Events regulations  To manage public health risks associated with public events and mass gatherings. New regulations
Body art and personal appearance regulations To protect persons who participate in a body art or personal appearance type procedure from infectious disease and other infections. Health (Skin Penetration Procedure) regulations 1998
Built environment regulation To protect persons from public health risks related to built environment. Health (Asbestos) Regulations 1992
Construction Camp Regulations Health (Air-Handling and Water Systems) Regulations 1994
Health (Aquatic Facilities) Regulations 2007
Health (Public Buildings) Regulations 1992
Health (Temporary Sanitary Conveniences) Regulations 1997
Health Act (Carbon Monoxide) Regulations 1975
Health Act (Laundries and Bathrooms) Regulations Health (Garden Soil) Regulations 1998

Also may include provisions for:
  • Lodging Houses
  • Houses Unfit for Occupation
  • Morgues
Pest and vector regulation To protect persons from the public health risks from biting insects and pesticides used to control pest numbers
  • Health (Pesticides) Regulations 2011
  • Health (Poultry Manure) Regulations 2001
  • And may include requirements to regulate mosquitoes
Water regulation To provide a risk-based legislative framework to all waters (drinking water, wastewater, recycled water and recreational water)
  • Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974
  • Health Act (Underground Water Supply) Regulations 1959
  • Sewerage (Lighting, Ventilation and Construction) Regulations 1971
Public health assessment regulation To ensure that public health risks are identified and considered for state proposals in conjunction with existing approvals processes. New regulation to be created under Part 7. There is no time period in which this regulation must be developed.

Proposed legislation that may be repealed

  • Health (Cloth Materials) Regulations 1985
  • Hairdressing Establishment Regulations 1972
  • Piggeries Regulations 1952
  • Health (Section 112(2) Prohibition) Regulations 2006
  • Health (Offensive Trades Fees) Regulations 1976
  • Health (Construction Work) Regulations 1973
  • Fly Eradication Regulations 
  • Health (Prescribed Insect Pests) Regulations 1991

A regulation will only be repealed following consultation to ensure the public health risk can be appropriately managed through other means such as other legislation, local laws or a guideline.

Regulation review process

During the development of new regulations the Department of Health must:

  • Comply with the Department of Finance Regulatory Impact Assessment process which requires an analysis of any legislative proposals for WA. This includes the submission of a Preliminary Impact Statement (PIA) and Regulatory Impact Statement (RS) as required
  • Undertake extensive consultation with local government, industry, public and other key stakeholder groups
  • Liaise with the Department of Attorney General Parliamentary Counsels Office to draft the legislation
  • Ensure all regulations are ready to be proclaimed on the same day 

Frequently asked questions

What does the regulation review programme mean for local government?

As a leading enforcement agency, local government has the opportunity to help shape the future of regulations to be created under the new Public Health Act to manage public health risks common to your local district.

The Department strongly encourages local government representatives to provide feedback throughout the regulation review process and be engaged wherever possible.

Will any working groups be established? And how can I be involved?

Depending on the public health risk to be managed and the complexity of the proposed legislation to be developed, the Department may form working groups with representation from industry, State and local government, non-government agencies and associations to ensure key stakeholders have the opportunity to provide expert and practical advice in the development of the legislation.

Local government representatives will be encouraged to participate in these groups, and invitations will be circulated to all local governments seeking nominations to join any groups to be formed.

In some cases the Department has already established working groups, such as the Asbestos Advisory Group, and will continue to engage with members as required throughout the development of new legislation.

What does local government need to do?

Over the next year the Department will be seeking ideas, suggestions and comments on a range of proposed legislative options to be managed under the Public Health Act.

Local government representatives are encouraged to read the discussion papers and complete the survey questions. It is important that the Department receives feedback as evidence that stakeholders support the proposal.

Please take the time to explain the reasons behind your suggestions and;

  • where possible provide evidence to support your views (such as statistics or references)
  • provide case studies of issues
  • provide estimates of any cost implications that may relate to the proposal and
  • provide examples of solutions.

Further information will be included on this webpage throughout the review process.