Local laws and the Public Health Act

Can local government make new local laws under the Public Health Act 2016

No. The Public Health Act 2016 does not make provision for local laws.

Can local governments continue to make health local laws under the Health (Miscellaneous Provisions) Act 1911?

No. New local laws should be made under the Local Government Act 1995 and not the Health (Miscellaneous Provisions) Act 1911.

What public health regulations have been repealed?

In 2024, the following low risk health regulations were repealed.

• Health (Construction Work) Regulations 1973
• Health (Temporary Sanitary Conveniences) Regulations 1997
• Health Act (Carbon Monoxide) Regulations 1975
• Health Act (Laundries and Bathrooms) Regulations
• Health (Garden Soil) Regulations 1998
• Health (Poultry Manure) Regulations 2001
• Health (Offensive Trades Fees) Regulations 1976
• Sewerage (Lighting, Ventilation and Construction) Regulations 1971
• Health (Section 112(2) Prohibition) Regulations 2006
• Hairdressing Establishment Regulations 1972
• Piggeries Regulations 1952

Will related Local Government Local Laws still be enforceable?

A local law should not refer to a repealed regulation. For example, the Health Act (Laundries and Bathroom) Regulations and Sewerage (Lighting, Ventilation and Construction) Regulations 1971 were repealed on 18 October 2024. If there is a local law referring to those regulations, it can no longer be relied upon.

If in doubt, local governments should seek their own legal advice.

Do new health local laws made under the Local Government Act 1995 need to be submitted to the Department of Health?

No, local laws made under the Local Government Act 1995 do not need to be sent to the Department of Health as was previous procedure when local laws were made under the Health Act 1911.