PART 1. Central Board. Chairman. Quorum. Nominations. Voting Representative members of Central Board. Their election. The Health Act.-1898. PART I. THE CENTRAL BOARD. 12. The Central Board shall be charged with the execution of this Act for securing the proper sanitary condition of the province. 13. The Central Board shall consist of a chairman appointed by the Governor and four other members, two of whom shall be appointed by the Governor and two shall be elected as hereinafter provided. At least one of the members shall be a legally qualified medical practitioner. 14. A quorum shall consist of any three members. The chairman shall be the permanent head of the department. If the chairman be not present within five minutes after the time for which any meeting shall have been convened, any three members present may elect one of their number to be chairman for that meeting until the permanent chairman arrives. Every chairman shall have a deliberative vote, and also a casting vote in case of equality of voting. 15. Before the first day of February, one thousand eight hundred and ninety-nine, and before the first day of February in every second year thereafter, nominations of candidates willing to act as representatives on the Central Board may be made by the Constituent Boards to the Chief Secretary. 16. The names of persons so nominated shall be forwarded to the Constituent Boards, who may, before the first day of March in such year, each vote for a representative from persons so nominated, and advise the Chief Secretary of their vote. 17. The elective members of the Central Board shall be elected as follows: 1. (a) One member shall be elected by the City and Suburban Local Boards: (b) The other member shall be elected by all the other Local Boards. II. In the month of March following every biennial election, and so soon as practicable after each extraordinary election, the Chief Secretary shall, by notice in the Government Gazette, declare the names of the persons elected, and such notice shall be conclusive evidence of such election: III. When the seat of any elective member has become vacant from any cause whatever other than by effluxion of time, such vacancy shall be filled up by an extraordinary election of a new member, to hold office only for the unexpired portion of the term of his predecessor. On the happening of the vacancy The Health Act.-1898. vacancy the Chief Secretary shall notify the Constituent for such Boards to advise him of their votes: IV. In the case of equality of votes amongst the Constituent PART 1. 18. The elective members shall hold office until notification of Term of office. the election of their successors. and penalties. 19. All reasonable expenses incurred by the Central Board in Recovery of expenses carrying out any duty imposed on or in exercising any power vested in any Local Board shall be paid by and recovered from such Local Board: Provided that the expense incurred was due to the neglect of the said Local Board. 20. Any powers which a Local Board and its officers may Powers and duties. exercise with respect to its particular district may be exercised by the Central Board and its officers with respect to the whole concurrent jurisdicprovince. 21. The Central Board shall have access to all papers and things Access to all papers whatsoever belonging to or in the custody of any Local Board. of Local Boards. officers. 22. The Governor may appoint such officers of the Central Appointment of Board as he may deem necessary. PART II. See Public Health PART II. LOCAL BOARDS. Boards. 23. Every Municipal Council shall be the Local Board of Health Constitution of Local for its municipality. Every District Council shall be the Local Board of Health for its district. 24. Every Local Board shall be charged with the due execution of this Act for securing the proper sanitary condition of its district, and in particular shall abide by and carry out all such directions as it shall receive in that behalf from the Central Board. See Public Health Local Board to be Act, 1873, secs. 12 25. Every Municipal Council and District Council, in addition May declare rates. to the rates which it may be otherwise authorised to declare, may, without any consent of ratepayers, declare, and cause to be See Public Health collected, such sanitary rate as it may deem proper for the pur- and 13. poses of this Act, not exceeding in any one year One Shilling in the Pound on the annual assessment. 26. Except where otherwise expressly directed, all expenses, Expenses, penalties, and fees recovered by any Local Board, and the proceeds penalties, &c. of the sale of any refuse and other like matter, shall be paid over to and applied by such Local Board for the purposes of this Act. PART II. Separate accounts. Municipal and District Councils may expend other moneys. The Health Act.-1898. 27. Every Local Board shall keep separate accounts of its revenue and expenditure and minutes of its proceedings. 28. If the sanitary rate declared pursuant to this Act shall be at any time insufficient, any Municipal Council or District Council may expend any portion of its revenue for the purposes of this Act. PART III. Creation of County Proclamation of Election of members and auditors of County Board. Chairman. Auditors. Accounts. Powers and duties. PART III. COUNTY BOARDS. 29. The Governor may, by Proclamation, upon the request of all the Local Boards affected, declare any two or more contiguous districts to be a "County District," designated by some distinctive name. 30. Upon the Proclamation of any County District a County Board of Health, consisting of not less than three members, shall be constituted for such District in manner prescribed by the Proclamation. 31. Local Boards forming a County District shall elect the members of the County Board in the same manner as elective members of the Central Board are elected, and they shall hold office for a like period, except for the first year, when one-half shall retire by lot and subsequently one-half shall retire annually. 32. At the first meeting of the County Board after it is constituted, and after each annual election, the members thereof shall elect one of their number to act as chairman, who shall hold office for one year. 33. Local Boards forming a County District shall elect two auditors, holding office for two years, except for the first year, when one shall retire by lot. 34. County Boards shall cause the accounts to be balanced and an abstract of the receipts and expenditure prepared for each half year ending on the last day of the months of June and December, and shall publish in the Government Gazette within one month of the yearly audit in January an abstract of the receipts and expenditure as allowed by the auditors, and copies of such abstract shall be sent to all Local Boards forming the County District. 35. Upon the constitution of any County Board by Procla mation 1. All the powers, duties, and liabilities vested in or imposed on The Health Act.-1898. II. The County Boards shall, in addition, have power to establish and carry on chemical and bacteriological laboratories. PART III. 36. For the purposes of the County Board every Local Board Revenue. within the County District shall, if and whenever required by the County Board, declare and cause to be collected such sanitary rates authorised by this Act as the County Board may deem proper. Such rates as and when collected shall be paid over to the County Board. 37. County Boards shall meet at least once in each month. Meetings. 38. The Governor by Proclamation may add to or remove from Local Boards may be a County District any contiguous Local Board. added or removed. Proclamation. 39. All or any of the provisions of section 35 may be modified Subject to by Proclamation. 40. Every Local Board shall appoint an officer of health, and Officers. such inspectors and officers as may be deemed necessary by the Central Board of Health. 41. The appointment and dismissal of every officer of health Officer of Health. shall be subject to the approval of the Central Board, and he shall— Appointment. (a) Be when practicable a legally qualified medical practitioner, and (b) Possess all the powers vested in any inspector. Powers. Inspectors. 42. The appointment of every inspector shall be in writing, in duplicate, under the hand of the Chairman of the Central Board, or Mode of appointment if the appointment be by a Local Board, under its seal. Every inspector shall be furnished with one of such duplicates, and, if required, shall produce the same to any person whose premises he may be inspecting or about to inspect. 43. For the purposes of any inspection, an inspector may, with Power to enter and or without others, enter into and upon any premises between the inspect. hours of nine in the forenoon and six in the afternoon, or in the case See Public Health of any business or trade premises at any time when such business or Act, 1873, sec. 70. trade is in progress or is usually carried on, and for the purposes of 38 & 39 Vic., c. 55, inspection may open up drains and execute any other necessary works. 44. No person shall obstruct, or incite any other person to obstruct, any person acting in the execution of this Act, or of any power thereunder, and the police shall assist all persons acting as aforesaid. sec. 102. Obstruction of officers and members. See Public Health Police force to assist The Health Act.--1898. PART V. INSANITARY CONDITIONS AND THEIR REMOVAL. 46. Every Local Board, upon receiving from any person other than an inspector any information establishing reasonable grounds for suspicion of the existence of any insanitary condition, shall forthwith instruct an inspector to inquire into and report upon the premises referred to. 47. If any inspector shall ascertain the existence of any insanitary condition, he shall forthwith report the circumstances to the Local Board. Such report shall set out as far as possible— (a) The nature of the insanitary condition: (b) The apparent cause thereof, and the suggested remedy: (d) The name of the owner; and (e) The name of the occupier. 48. Every occupier shall, on request, furnish any inspector with the name and address of the owner so far as the same may be known to him. Penalty-Ten Pounds. 49. If, in the opinion of the inspector, the insanitary condition should be immediately removed, he shall, in addition to reporting the circumstances to the Local Board, serve upon the occupier, or owner, a notice to remove or amend the same, and therein shall specify what is required to be done, and limit a time for compliance. 50. Upon the receipt of an inspector's report the Local Board, 1. May serve a notice requiring the removal or amendment of II. May, if the inspector has already given notice (a) Adopt such notice; or (b) Issue a new notice in lieu thereof. 51. Any Local Board, upon being satisfied that it is proper so ( |