Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 11

(1) Public health risk means—

(a) an animal, structure, substance or other thing that—

(i) is, or is likely to become, a breeding ground or source of food for designated pests; or

(ii) harbours, or is likely to become something that harbours, designated pests; or

(b) any of the following that is, or is likely to be, hazardous to human health, or that contributes to, or is likely to contribute to, disease in humans or the transmission of an infectious condition to humans—

(i) a designated pest;

(ii) drinking water supplied by a drinking water service provider;

(iii) recycled water produced or supplied under a recycled water scheme within the meaning of the Water Supply (Safety and Reliability) Act 2008;

(iv) water, other than water mentioned in subparagraph (ii) or (iii);

(v) waste;

(vi) a dead or living animal, structure, substance or other thing that has been, or is likely to have been, exposed to an infectious condition;

(vii) a dispersal or release of a pesticide, herbicide, solvent or other chemical at a place other than a workplace;

(viii) a dispersal or release of a by-product of manufacturing, construction, repair, alteration, cleaning or demolition work at a place other than a workplace;

(ix) lead used, or being used, in a way that contravenes section 58 or 59;

(x) paint used, or being used, in a way that contravenes the standard mentioned in section 60;

(xi) any other activity, animal, substance or other thing prescribed under a regulation.

Examples for paragraph (viii)—

1 drifting fibreglass dust resulting from building a fibreglass boat

2 propulsion into the environment of lead particles as a result of sandblasting lead-based paint

3 the release of asbestos fibres through the renovation of a house containing asbestos-cement sheeting or insulation material comprising or containing asbestos

(2) The Minister must not recommend to the Governor in Council the making of a regulation under subsection (1)(b)(xi) unless the Minister is satisfied the activity, animal, substance or other thing—

(a) is, or is likely to be, hazardous to human health; or

(b) contributes, or is likely to contribute, to disease in humans or to the transmission of an infectious condition to humans.

(3) In this section—

animal does not include a human.

disease includes a non-infectious condition.

waste includes an accumulation or deposit of a substance or a thing.

water includes drinking water, water used for recreational purposes, recycled water, waste water and sewage.

workplace has the meaning given in the Work Health and Safety Act 2011.