ATTACHMENT 2 INSTRUMENT OF DELEGATION UNDER THE PUBLIC AND

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					                                                                           ATTACHMENT 2


                         INSTRUMENT OF DELEGATION UNDER THE
                    PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987,
         THE PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL)
                           REGULATIONS 1995
               AND THE PUBLIC AND ENVIRONMENTAL HEALTH
                     (LEGIONELLA) REGULATIONS 2008

         NOTES

1.       Conditions or Limitations:      conditions or limitations may apply to the
         delegations contained in this Instrument. Refer to the Schedule of Conditions
         at the back of this document.

2.       Refer to the relevant Council resolution(s) to identify when these delegations
         were made, reviewed and or amended.


         POWERS AND FUNCTIONS DELEGATED IN THIS INSTRUMENT

 1.     Authorised Officers

        1.1       The power pursuant to Section 7(1) of the Public and Environmental
                  Health Act 1987 (“the Act”) to appoint authorised officers being persons
                  holding qualifications approved by the Commission or who held,
                  immediately before the commencement of this Act, an appointment as
                  an officer or health surveyor under the Health Act 1935;

        1.2       The power pursuant to Section 7(3) of the Act with the consent of the
                  Minister, to appoint a person as an authorised officer even though he or
                  she does not comply with Section 7(2) of the Act.

        1.3       The power pursuant to Section 7(4) of the Act to consent to the
                  appointment of an officer or employee of the Council as an authorised
                  officer by the South Australian Health Commission (“the Commission”):

        1.4       The duty pursuant to Section 7(5) of the Act to furnish every authorised
                  officer with a certificate of authority.




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          INSTRUMENT OF DELEGATION UNDER THE PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987
             AND THE PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 1995



 2.     Powers and Duties Of Relevant Authorities

        2.1       The duty pursuant to Section 12A(2) of the Act:

                  2.1.1       to promote proper standards of public and environmental health
                              in its area; and

                 2.1.2        to take adequate measures to ensure that the provisions of
                              Part 3 are observed in its area; and

                 2.1.3        to take reasonable steps—

                              2.1.3.1     to prevent the occurrence and spread of notifiable
                                          diseases within its area; and

                              2.1.3.2     to prevent any infestation or spread of vermin, rodents
                                          or other pests within its area.

        2.2       The power pursuant to Section 12A(3) of the Act to consult with the
                  Public and Environmental Health Council (“the PEH Council”) where in
                  the opinion of the PEH Council the Council has failed to discharge its
                  duty under Section 12 of the Act.

        2.3       The power pursuant to Section 12A(6)(a)(ii) to make written
                  submissions in relation to a matter in respect of which the PEH Council
                  proposes to take action under Section 12(5) of the Act.

        2.4       The power pursuant to Section 12A(6)(b) to request in written
                  submissions to the PEH Council that the PEH Council discuss a matter
                  in which the PEH Council proposes to take action under Section 12(5)
                  of the Act with a delegation of the Council.

        2.5       The power pursuant to Section 12A(7) of the Act to receive from the
                  PEH Council written reasons for its decision after the PEH Council
                  publishes a notice under Section 12(5) of the Act.

 3.     Prevention of Insanitary Conditions on Premises

        3.1       The power pursuant to Section 15(1) of the Act, by notice in writing, to
                  require the owner of any premises which are in an insanitary condition
                  or any other person who is apparently responsible for causing the
                  insanitary condition or allowing the insanitary condition to occur -

                 3.1.1        to take specified action to improve the condition of the
                              premises; or

                 3.1.2        to desist from a specified activity to which the condition of the
                              premises is apparently attributable.


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          INSTRUMENT OF DELEGATION UNDER THE PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987
             AND THE PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 1995



        3.2       The power pursuant to Section 15(2) of the Act where any residential
                  premises are, by reason of their insanitary condition, unfit for human
                  habitation, to include in any notice served under Section 15(1) of the
                  Act a direction that, after a date specified in the notice, the premises
                  must not be occupied until:

                 3.2.1        specified action to render the premises fit for human habitation
                              has been taken; and

                 3.2.2        the premises are fit for human habitation to the satisfaction of
                              the Delegate.

        3.3       The duty pursuant to Section 15(4) of the Act, where any notice served
                  under Section 15(1) includes a direction under Section 15(2) of the Act,
                  to affix a copy of the notice to a conspicuous part of the premises to
                  which it relates.

        3.4       The power, pursuant to Section 15(6) of the Act, by further notice in
                  writing, to vary or revoke a notice given under Section 15 of the Act.

 4.     Control of Offensive Activities

        4.1       The power pursuant to Section 17(1) of the Act to, by notice in writing,
                  where an activity gives rise to a risk to health, or results in the emission
                  of offensive material or odours, to require the person responsible for
                  the activity to desist from the activity or to observe requirements
                  stipulated in the notice in relation to the carrying on of the activity.

 5.     Discharge of Waste in a Public Place

        5.2       The power pursuant to Section 18(3) of the Act to serve written notice
                  upon the owner of premises requiring specified action to be taken
                  immediately or within a specified period to prevent the discharge or a
                  potential discharge of waste from those premises into a public place or
                  other premises, or to remove waste discharged by the owner into a
                  public place or other premises.

        5.3       The power, pursuant to Section 18(5) of the Act by further notice in
                  writing, to vary or revoke a notice given under Section 18 of the Act.

 6.     Private Thoroughfare

        6.1       The power pursuant to Section 19(2) of the Act, by notice in writing,
                  where the owner of a private thoroughfare fails to keep it clean and free
                  from refuse, to require the owner to take specified action to remedy the
                  default within such time as the Delegate allows in the notice.

        6.2       The power, pursuant to Section 19(4) of the Act, by further notice in
                  writing to the owner of a private thoroughfare to vary or revoke a notice
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          INSTRUMENT OF DELEGATION UNDER THE PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987
             AND THE PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 1995



                  given under Section 19 of the Act.

 7.     Provision of adequate sanitation

        7.1       The power pursuant to Section 20(1) of the Act to, where the Delegate
                  is of the opinion that premises have inadequate facilities for sanitation
                  or personal hygiene, by notice in writing require the owner of the
                  premises to take such action as the Delegate thinks necessary and
                  specifies in the notice, to provide adequate facilities within such time
                  and in such manner as is specified in the notice

        7.2       The power pursuant to Section 20(3) of the Act, to by further notice in
                  writing vary or revoke a notice given under Section 20 of the Act.

 8.     Pollution of Water

        8.1       The power pursuant to Section 21(2) of the Act, if the Delegate is of the
                  opinion that a water supply may become polluted in consequence of a
                  particular activity, by notice in writing to the person responsible for the
                  activity, require that person -

                 8.1.1        to take specified action to prevent pollution of the water supply
                              within such time as the Delegate specifies in the notice; or

                 8.1.2        to desist from the activity.

        8.2       The power pursuant to Section 21(4) of the Act, to by further notice in
                  writing vary or revoke a notice given under Section 21 of the Act.

 9.     Sources of Water Supply may be Closed

        9.1       The power pursuant to Section 22(1) of the Act, if the Delegate is of the
                  opinion that a water supply is polluted and that action is necessary to
                  prevent human consumption of the water, by notice published in the
                  Gazette restrict or prohibit the taking of water from that water supply, or
                  the use of water taken from that water supply, for human consumption.

        9.2       The power pursuant to Section 22(3) of the Act, to by further notice in
                  the Gazette, vary or revoke a notice given under Section 22 of the Act.

 10. Action on Default

        10.1      The power:

                 10.1.1 pursuant to Section 23(1) of the Act, where the requirements of
                        a notice under Part 3 of the Act are not complied with, to cause
                        the requirements to be carried out;

                 10.1.2 pursuant to Section 23(2) of the Act, to authorise a person to

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          INSTRUMENT OF DELEGATION UNDER THE PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987
             AND THE PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 1995



                              enter premises at any reasonable time for the purposes of
                              carrying out the requirements of a notice, provided that such
                              person is not authorised to break into the premises unless
                              authorised to do so by warrant of a justice.

                 10.1.3 pursuant to Section 23(4) of the Act to recover the costs and
                        expenses reasonably incurred in exercising the powers under
                        Section 23(1) of the Act from the person who failed to comply
                        with the notice as a debt.

 11. Control and Prevention of Infection

        11.1      The power pursuant to Section 35(a) of the Act to receive from the
                  Commission a report on the occurrence of notifiable diseases in its
                  area and any problems caused by such diseases that may exist in the
                  area.

        11.2      The duty pursuant to Section 36(9) of the Act, where the Chief
                  Executive informs the Council of the occurrence of a notifiable disease
                  in its area that constitutes a threat to public health, to take such action
                  as is reasonably open to the Delegate to assist in preventing the
                  spread of that disease.

 12. Councils may appoint Officers of Health

        12.1      The power pursuant to Section 39 of the Act to appoint a person to act
                  as the officer of health for the Council’s area.

 13. Power to require information

        13.1      The power pursuant to Section 41(1) of the Act to require a person to
                  furnish such information relating to public or environmental health as is
                  reasonably required for the purposes of the Act.

 14. Confidentiality

        The duty pursuant to Section 42 where in the course of official duties the
        Delegate obtains

        14.1      medical information relating to another; or

        14.2      information the disclosure of which would involve the disclosure of
                  information relating to the personal affairs of another, to not
                  intentionally disclose that information unless

                 14.2.1 the disclosure is made in the course of official duties; or

                 14.2.2 the disclosure is made with the consent of the other person; or


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          INSTRUMENT OF DELEGATION UNDER THE PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987
             AND THE PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 1995



                 14.2.3 the disclosure is required by a court or tribunal constituted by
                        law.

 15. Manner of Giving Notice

        15.1      The power pursuant to Section 43 of the Act to give or serve a notice
                  required or authorised by the Act –

                  (a)    personally; or

                  (b) by post; or

                  (c)    if the notice relates to premises and is to be served on an owner of
                         those premises – by affixing the notice to a conspicuous part of
                         the premises.

 16. Reporting

        16.1      The duty pursuant to Section 44(1) of the Act, on or before the thirtieth
                  day of September in each year to submit to the PEH Council a report
                  on the work of the Council under the Act during the financial year
                  ending on the thirtieth day of June in that year, and the report must
                  include, in respect of that financial year –

                  (a) a report on the standard of public and environmental health in the
                      Council’s area;

                  (b)    details of the measures that the Council has taken under Part 3 of
                         the Act.


       DELEGATIONS UNDER THE PUBLIC AND ENVIRONMENTAL HEALTH
                 (WASTE CONTROL) REGULATIONS 1995

 17.     The power pursuant to Regulation 7 of the Public and Environmental Health
         (Waste Control) Regulations 1995 (“the Regulations”) to approve the
         installation or alteration of a waste control system.

 18.     The power pursuant to Regulation 8 of the Regulations to approve of the
         disposal or reuse of waste from a waste control system.

 19.     Deliberately left blank.

 20.     The power pursuant to Regulation 11 of the Regulations to approve the use of
         a waste control system.

 21.     The power pursuant to Regulation 12(3) of the Regulations to require an
         applicant for approval under the Regulations to provide information or


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          INSTRUMENT OF DELEGATION UNDER THE PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987
             AND THE PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 1995



         documents relevant to the application.

 22.     The power pursuant to Regulation 12(4) of the Regulations to require an
         applicant for approval to provide a certificate or certificates from an
         independent technical expert that the waste control system, or a component,
         part or product for a waste control system complies with a prescribed code, is
         capable of performing its proposed functions, is reliable and durable and will
         not cause a nuisance or an adverse public or environmental health condition.

 23.     The duty pursuant to Regulation 12A of the Regulations, where the disposal
         or reuse of waste from a waste control system involves an activity for which a
         permit is required under Section 127 of the Natural Resources Management
         Act not to grant approval for the disposal or re-use of the waste unless:

        23.1      the permit required under Section 127 of the Natural Resources
                  Management Act has been granted and is in force; or

        23.2      the approval does not operate until such a permit has been granted.

 24.     The power pursuant to Regulation 13 of the Regulations to require an
         applicant seeking approval under Part 2 of the Regulations to comply with any
         prescribed code that applies to the circumstances of the particular case and to
         impose any other conditions.

 25.     The power pursuant to Regulation 13(4) of the Regulations to by notice in
         writing to a person bound by a condition, vary a condition imposed under
         Regulation 13 where the Delegate considers it appropriate to do so.

 26.     The power pursuant to Regulation 13(5) of the Regulations to vary or refuse a
         condition upon receipt of a written application from a person bound by the
         condition.

 27.     The power pursuant to Regulation 14 of the Regulations in giving approval
         under Part 2 of the Regulations, to specify a period for which the approval will
         remain operative and to extend that period.

 28.     The duty pursuant to Regulation 15 of the Regulations where an application
         for approval is refused, to give written notice to the applicant of the reasons
         for refusal.

 29.     The power pursuant to Regulation 17 of the Regulations as part of an
         approval under these Regulations relating to the installation of a waste control
         system, to require a person to notify the Council of the completion of specified
         work.

 30.     Pursuant to Regulation 19(1) of the Regulations by notice in writing, to require
         the owner or occupier of premises where a waste control system is located to
         take specified action either immediately or within a period specified in the


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          INSTRUMENT OF DELEGATION UNDER THE PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987
             AND THE PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 1995



         notice -

        30.1      to alter, repair or replace a fixture, fitting, appliance, plant, drain, or
                  other item associated with the waste control system;

        30.2      to remove sludge or other material from a waste control system;

        30.3      service, maintain or cleanse a waste control system (or a fixture, fitting,
                  appliance, plant, drain or other item associated with a waste control
                  system);

        30.4      if a waste control system is defective, inadequate or inappropriate - to
                  replace the waste control system, or a fixture, fitting, appliance, plant,
                  drain or other item associated with the waste control system.

 31.     The power pursuant to Regulations 19(2) and (3) of the Regulations where the
         requirements of a notice under Regulation 19 are not complied with, to cause
         the requirements to be carried out and to recover the costs and expenses
         reasonably incurred from the person who failed to comply with the notice.

 32.     The duty pursuant to Regulation 21 of the Regulations-

        32.1      to retain a copy of the documents listed within Regulation 21(1) in
                  relation to any approval given under these Regulations;

        32.2      where the Delegate is aware of an unauthorised discharge or a
                  malfunction or a breakdown or defect in any aspect of a waste control
                  system, to prepare and retain a report on the matter.

 33.     The power pursuant to Regulation 22 of the Regulations to refund, reduce or
         remit a fee specified in Schedule 2.

 34.     The power pursuant to Regulation 24(1) of the Regulations by notice in
         writing, to require the owner or occupier of premises where a waste control
         system is located -

        34.1      to take specified action either immediately or within a period specified
                  in the notice, to connect the system to a STED scheme or sewer;

        34.2      to disconnect, or to cease to use, a system.

 35.     The power pursuant to Regulation 24(3) and (4) of the Regulations where the
         requirements of a notice under Regulation 24 are not complied with, to cause
         the requirements to be carried out and to recover the costs and expenses
         reasonably incurred from a person who failed to comply with the notice.




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          INSTRUMENT OF DELEGATION UNDER THE PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987
             AND THE PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 1995



       DELEGATIONS UNDER THE PUBLIC AND ENVIRONMENTAL HEALTH
                    (LEGIONELLA) REGULATIONS 2008

 36.     The duty pursuant to Regulation 5(3) of the Public and Environmental Health
         (Legionella) Regulations 2008 (“the Regulations”), to:

        36.1      determine the manner and form in which applications under Regulation
                  5(3) of the Regulations must be made; and

        36.2      upon an application being made in the manner and form determined by
                  the Delegate and payment of the registration fee specified in Schedule
                  1 to the Regulations, register the high risk manufactured water system
                  to which the application relates.

 37.     The duty pursuant to Regulation 5(6) of the Regulations to:

        37.1      determine the manner and form in which applications under Regulation
                  5(6) of the Regulations must be made; and

        37.2      upon an application being made in the manner and form determined by
                  the Delegate and payment of the renewal fee specified in Schedule 1 to
                  the Regulations, renew the registration of the high risk manufactured
                  water system to which the application relates.

 38.     The duty pursuant to Regulation 6(1) of the Regulations to establish and
         maintain a register of high risk manufactured water systems installed on
         premises situated within the area of the Council.

 39.     The power pursuant to Regulation 6(2) of the Regulations to determine the
         manner and form in which the register will be kept.

 40.     The duty pursuant to Regulation 6(3) of the Regulations to include in the
         register, in relation to each high risk manufactured water system on the
         register:

        40.1      the type of water system; and

        40.2      the address of the premises on which the water system is installed; and

        40.3      the location of the water system on the premises; and

        40.4      the full name and residential and business addresses of the owner of
                  the premises; and

        40.5      the full name, residential and business addresses, and residential and
                  business telephone numbers, of the person nominated by the owner of
                  the premises as being responsible for the operation and maintenance
                  of the water system; and


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          INSTRUMENT OF DELEGATION UNDER THE PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987
             AND THE PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 1995



        40.6      such other information as the Delegate thinks fit.

 41.     The duty pursuant to Regulation 15(1) of the Regulations, and subject to
         Regulation 15(2) of the Regulations, to, at least once in every twelve months:

        41.1      cause an inspection of each high risk manufactured water system
                  registered with the Council to be carried out; and

        41.2      arrange for a NATA accredited laboratory to conduct microbiological
                  testing, in accordance with AS/NZS 3896:

                  41.2.1 of at least one sample of water taken from each cooling water
                         system; and

                  41.2.2 of at least two samples of water taken from each warm water
                         system,

                  to determine the presence and number of colony forming units of
                  Legionella in the water.

 42.     The power pursuant to Regulation 15(2) of the Regulations not to comply with
         Regulation 15(1) of the Regulations where the Delegate gives the written
         notice in accordance with Regulation 15(2) of the Regulations.

 43.     The power pursuant to Regulation 15(2) of the Regulations to, at least once in
         every twelve months, give the owner of each of the premises on which a high
         risk manufactured water system registered with the Council is installed written
         notice:

        43.1      requiring the owner, within the period specified in the notice:


                  43.1.1 to cause an inspection of the water system to be carried out by a
                         competent person (not being the owner or person responsible for
                         the operation and maintenance of the system); and

                  43.1.2 to arrange for a NATA accredited laboratory to conduct
                         microbiological testing, in accordance with AS/NZS 3896:

                          43.1.2.1 of at least one sample of water taken from a cooling
                                   water system; and

                          43.1.2.2 of at least two samples of water taken from a warm
                                   water system,

                           to determine the presence and number of colony forming units of
                           Legionella in the water; and

        43.2      requiring the owner to submit to the Delegate written reports setting out

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          INSTRUMENT OF DELEGATION UNDER THE PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987
             AND THE PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 1995



                  the findings of the inspection and the results of the microbiological
                  testing within one month of receiving the reports.

 44.     The power pursuant to Regulation 16(1) of the Regulations, if:

        44.1      the Delegate is investigating the occurrence of Legionellosis in the near
                  vicinity of premises on which a high risk manufactured water system is
                  installed; or

        44.2      the Delegate has reason to believe that a high risk manufactured water
                  system installed on premises situated within the Council’s area is not
                  being maintained as required by the Regulations,

         to give the owner of the premises written notice:

        44.3      requiring the owner (either immediately or within a period specified in
                  the notice) to arrange for a NATA accredited laboratory to conduct
                  microbiological testing, in accordance with AS/NZS 3896, of water
                  taken from the system, to determine the presence and number of
                  colony forming units of Legionella in the water; and

        44.4      requiring the owner to submit to the Delegate a written report setting
                  out the results of the microbiological testing within 24 hours of receiving
                  the report.

 45.     The power pursuant to Regulation 18(1) of the Regulations to, as may
         reasonably be required in connection with the administration or enforcement
         of the Regulations, give the owner of premises in which a high risk
         manufactured water system is installed written notice requiring the owner to
         provide specified information to the Delegate within the period specified in the
         notice.

 46.     The duty pursuant to Regulation 19(1)(a) of the Regulations, if the Council
         receives a report of the results of microbiological testing of water taken from a
         cooling water system indicating the presence of 1,000 or more colony forming
         units of Legionella per millilitre of water, to notify the Department responsible
         for the administration of the Act of the results of the test within 24 hours of
         receiving the report.

 47.     The power pursuant to Regulation 19(1)(b) of the Regulations, if the Council
         receives a report of the results of microbiological testing of water taken from a
         cooling water system indicating the presence of 1,000 or more colony forming
         units of Legionella per millilitre of water, to give the owner of the premises on
         which the system is installed written notice requiring the owner to immediately
         decontaminate the system in accordance with:

        47.1      a prescribed decontamination procedure; or



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          INSTRUMENT OF DELEGATION UNDER THE PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987
             AND THE PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 1995



        47.2      a decontamination procedure approved by the Minister.

 48.     The duty pursuant to Regulation 19(2)(a) of the Regulations, if the Council
         receives a report of the results of microbiological testing of water taken from a
         warm water system indicating the presence of 10 or more colony forming units
         of Legionella per millilitre of water, to notify the Department responsible for the
         administration of the Act of the results of the test within 24 hours of receiving
         the report.

 49.     The power pursuant to Regulation 19(2)(b) of the Regulations, if the Council
         receives a report of the results of microbiological testing of water taken from a
         warm water system indicating the presence of 10 or more colony forming units
         of Legionella per millilitre of water, to give the owner of the premises on which
         the system is installed written notice requiring the owner to immediately
         decontaminate the system in accordance with:

        49.1      a prescribed decontamination procedure; or

        49.2      a decontamination procedure approved by the Minister.

 50.     The power pursuant to Regulation 20(1) of the Regulations to, if the Delegate
         is satisfied that a high risk manufactured water system installed on premises
         situated within the Council’s area is not being maintained as required by the
         Regulations, give the owner of the premises written notice:

        50.1      requiring the owner to shut down the system immediately; or

        50.2      requiring the owner to take specified action (immediately or within a
                  period specified in the notice) to do any one or more of the following:

                  50.2.1 alter, repair, rectify or replace the system or components of the
                         system;

                  50.2.2 service, maintain or clean the system or components of the
                         system;

                  50.2.3 decontaminate the system in accordance with:

                          50.2.3.1 a prescribed decontamination procedure; or

                          50.2.3.2 a decontamination procedure approved by the Minister.

 51.     The power pursuant to Regulation 20(3) of the Regulations to, if the
         requirements of a notice given under Regulation 20 are not complied with,
         cause the requirements to be carried out.




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          INSTRUMENT OF DELEGATION UNDER THE PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987
             AND THE PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 1995



 52.     The power pursuant to Regulation 20(4) of the Regulations to take action in a
         court of competent jurisdiction to recover costs and expenses reasonably
         incurred in exercising the power under Regulation 20(3) of the Regulations
         from the person who failed to comply with the notice, as a debt due to the
         Council.

 53.     The power pursuant to Regulation 24(3) of the Regulations to, if a person is
         liable to pay a fee to the Council, give the person written notice requiring the
         person to pay the fee within the period specified in the notice.

 54.     The power pursuant to Regulation 24(4) of the Regulations to refund, reduce
         or remit a fee payable to the Council under the Regulations if the Delegate is
         satisfied that it is appropriate to do so in a particular case.

 55.     The power pursuant to Regulation 24(5) of the Regulations to take action in a
         court of competent jurisdiction to recover a fee payable to the Council under
         the Regulations as a debt due to the Council.




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          INSTRUMENT OF DELEGATION UNDER THE PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987
             AND THE PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 1995



                                    SCHEDULE OF CONDITIONS


                                       CONDITIONS OR LIMITATIONS
                                      APPLICABLE TO DELEGATIONS
                                     CONTAINED IN THIS INSTRUMENT




      Paragraph(s) in
    instrument to which
   conditions/limitations                                 Conditions / Limitations
           apply




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Description: ATTACHMENT 2 INSTRUMENT OF DELEGATION UNDER THE PUBLIC AND ...