2016-06-07 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                          7 JUNE 2016


Public Health Act 2005

Pursuant to Section 13 of the Public Health Act 2005, a local government now has the
responsibility to manage and administer the powers of the Public Health Act in relation to
domestic public health risks relating to asbestos in the local government area.

The responsibility for the regulation of public health risks relating to asbestos in a non-workplace
(domestic) settings was devolved to local government in September 2015 via amendments to the
Public Health Act 2005 following an agreement brokered through the Local Government
Association Queensland (LGAQ) that any liability arising from any Local Government Public
Health actions would be indemnified by the State subject to specific conditions outlined in the
Act.

A summary of the new powers required to be delegated relating to Asbestos Management under
Public Health Act are outlined in Table 1 below and have been incorporated into the updated
Delegation provided at Attachment 1.

To support the exercise of the new powers under the Public Health Delegation, Council’s
Environmental Health Team have developed new policies and processes, which were recently
approved by the Leadership Team.

Table 1: Public Health (Asbestos Management) updated Council to CEO Delegations

Public Health Act Delegation under the Public Health Act 2005
New powers

Section 454B (3) Power to recover contribution from a prescribed person.

Section 454C (2) Power to comply with the indemnity conditions in relation to each asbestos-related event
to which the official conduct relates.

Section 454CA (2) Power to give notice of the proceeding to the State.

Section 454G Power to ensure each authorised person who exercises powers under the Act in relation to
an asbestos-related event has satisfactorily completed the training prescribed by regulation.

Section 454I Power to keep the records prescribed in subsections 454I(1), (2) for each asbestos-related
event.



Biosecurity Act 2014

The Biosecurity Act 2014 will come into effect on 1 July 2016. The new Act provides a consistent,
modern, risk based and less prescriptive approach to biosecurity in Queensland and deals with
the following:

1. Pests (such as wild dogs and weeds);
2. Diseases (such as foot and mouth disease); and
3. Contaminants (such as lead on gazing land).

The new Delegation provided at Attachment 2 contains all the new powers under the Biosecurity
Act, which Council’s Environmental Health Coordinator has advised may be required for Noosa
Council operations.




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