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MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 guide operational activities for employees and should be replaced by a suitable management practices; and repeat the same subject matter and should be amalgamated into one policy document. City officers have been progressively actioning those items identified in the review and this report details the policies that fall under the responsibility of the Health and Compliance business unit. Comment The justification for revocation of the following Health and Compliance policies is provided below under the specific policy headings:- D101101 - Dwellings Unfit for Human Habitation - Orders (adopted 2/11/76; last amended 24/11/98) Section 135 of the Health Act 1911 provides for the City, of its own motion, and shall, when required by order of the Executive Director, Public Health by notice in writing, declare that any house or specified part thereof, is unfit for human habitation. Section 137 of the Health Act 1911 provides the City the ability to serve notice to either repair or take down the house within a time limited by the notice and Section 140 of the Health Act 1911 contains offence provisions and the ability for the Local Government to act in default of a notice. In accordance with Section 26 of the Health Act 1911 - Power of local government, relevant officers have been appointed Authorised Persons to exercise all powers and function of the City pursuant to the Act, Regulations, Local Law and orders made, institute and carry on proceedings against any person for an alleged offence. The text of the policy is procedural information and relates to reporting service of notice to the Planning and Statutory Services Committee. It is recommended that this policy be revoked. D101102 - Notices - Service for Offences Under the Health Act 1911 (adopted 2/11/76; last amended 24/11/98) Section 26 of the Health Act 1911 allows the City to appoint relevant officers to exercise all powers and functions under the Act, Regulations, Local Laws, and orders made, institute and carry on proceedings against any person for an alleged offence. Further, Part 6 of the Food Act 2008 has provisions for service of notices by Authorised Officers. The text of the policy is procedural information and relates to reporting service of notice to Council and processes to be followed for breaches of food legislation. It is recommended that this policy be revoked. 16
MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 D101104 - Itinerant Vendors Licences (adopted 14/3/77; last amended 1/5/90) The classification of Itinerant Vendor no longer exists within the Health Act 1911 and provisions now exist within the Food Act 2008 for food premises (includes vehicles). Under the Food Act 2008 the City may impose reasonable fees and charges for or in respect of licences, registrations and inspections. The determination of fees and charges are set during the Annual Budget deliberation process. It is recommended that this policy be revoked. D101201 - Health Licences - Annual Registration Fees (adopted 2/11/78; last amended 24/11/98) These matters are addressed in the Schedule of Fees and Charges during the Annual Budget deliberation process. This policy is no longer required. It is recommended that this policy be revoked. D101301 - Building Requiring Repairs and Maintenance - Orders (adopted 2/11/76; last amended 24/11/98) This policy deals with notifying the owners of a property that repairs and maintenance are required to a building to meet standards laid down in the Health Act 1911, Regulations and Local Laws. The matters covered in this policy are also dealt with in accordance with Section 135 and Section 137 of the Health Act 1911 and City of Stirling Health Local Law 2009. The text of the policy is procedural information and relates to determining ownership of property and notices to owners of property. It is recommended that this policy be revoked. D101401 - Keeping of Pigeons (adopted 2/11/76; last amended 3/2/98) The matters covered in this policy relate to the number of pigeons that can be kept on a property. The conditions for keeping pigeons are covered in Section 199 of the Health Act 1911 by enabling the City to regulate the purpose in accordance with the City of Stirling Health Local Law 2009. It is recommended that this policy be revoked. 17
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