WESTERN SAMOA

THE HEALTH AMENDMENT ACT 1965

No. 20
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Title

1. Short title
2. Interpretation
3. Power to amend Schedule
4. Restriction on establishing and carrying on offensive trade
5. Appeal against decision of Director of Works or Health

Schedule

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THE HEALTH AMENDMENT ACT 1965

AN ACT to amend the Health Ordinance 1959 to provide further control of offensive trades
[15 October 1965]

1. Short title - This Act may be cited as the Health Amendment Act 1965, and shall be read together with and be deemed part of the Health Ordinance 1959 (hereinafter referred to as the principal Ordinance).

2. Interpretation - In this Act, unless the context otherwise requires:

"Offensive trade" means any trade, business, manufacture or undertaking for the time being specified in the Schedule to this Act.
Cf. 1956, No. 65, s. 2 (N.Z.)

3. Power to amend Schedule - The Head of State, acting on the advice of Cabinet, may from time to time by Order add to or omit from the list of offensive trades set out in the Schedule to this Act the name or description of any trade, business, manufacture or undertaking, or otherwise amend that list; and every such Order shall have effect according to its tenor.
(Cf. 1956, No. 65, s.2 (N.Z.)

4. Restrictions on establishing and carrying on offensive trade - (1) No person shall establish any offensive trade, or erect or extend any premises for the purposes of or in connection with any offensive trade, except with the prior consent in writing of the Director of Works and of the Director-General of Health and subject to such conditions as either of them may impose. For the purposes of this subsection a person who recommences an offensive trade in any premises after not less than 2 years' disuse of those premises for the purposes of any such trade shall be deemed to establish an offensive trade.

(2) No person shall carry on any offensive trade except on premises for the time being described in a current licence issued under the Business Licences Ordinance 1960.

(3) No person shall carry on any offensive trade established in contravention of subsection (1) of this section, or carry on any offensive trade in any premises erected or extended in contravention of that subsection.

(4) No person who acts in contravention of or fails to comply in any respect with any provision of this section commits an offence and is liable to a fine not exceeding [$260] and, in the case of a continuing offence, to a further fine not exceeding [$25] for every day on which the offence has continued.
Cf. 1956, No. 65, s. 54 (N.Z.)

As to offences against public cleanliness and convenience, see ss. 3, 4 and 5 of the Police Offences Ordinance 1961.
As to approval by the Director for the transfer of a business licence to carry on an offensive trade, see the proviso to s. 6 (2) of the Business Licences Ordinance 1960.

5. Appeal against decision of Director of Works or Director-General Health. (1) Any person who is aggrieved by the refusal of the Director of Works or of the Director-General of Health to consent to the establishment of any offensive trade, or to the erection or extension of any premises, or by any conditions imposed by either of them when consenting in writing, may by motion, within 3 months after being notified of the refusal or the condition, as the case may be, appeal to the Supreme Court against such refusal or condition, as the case may be.

(2) The Supreme Court, after hearing the appellant and the respondent and any relevant evidence adduced by them or either of them, may direct that the respondent consent unconditionally or subject to such conditions as the Court thinks fit or that any condition imposed by the respondent to waived or amended or may make such other order in the premises as shall to the Court seem just.
Cf. 1956, No. 65, s. 55 (N.Z.); 1960, No. 4, s. 10.

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SCHEDULE 
Section 2
OFFENSIVE TRADES

Blood or offal treating
Bon boiling or crushing
Collection and storage of used bottles for sale
Fish cleaning
Fish curing
Gut scraping and treating
Nightsoil collection and disposal
Refuse collection and disposal
Slaughtering of animals for any purpose other that human consumption
Soap manufacturing
Storage, drying, or preserving of bones, hides, hoofs, or skins
Tallow melting
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