Chapter 465 – Public Health Act

PUBLIC HEALTH

CHAPTER 465

PUBLIC HEALTH ACT To promote and protect health.

21st November, 2003;

30th June, 2007 ACT XIII of 2003 , as amended by Act III of 2004 and Legal Notice 427 of 2007 and Acts XVII of 2019, X and XII of 2020 and XXXIII of 2024.

PART I

PRELIMINARY

Art. 1

The short title of this Act is the Public Health Act.

Short title.

Art. 2

In this Act, unless the context otherwise requires - Interpretation. "abatement notice" means the official notification for the elimination or removal of a nuisance issued in virtue of article 12; "airport" means an airport designated by the state in whose territory it is situated as an airport of entry or departure for international air traffic; "animal" means any animal whether kept as a pet or otherwise and includes birds, fish, reptiles and insects; "authorised officer" means any duly qualified person authorised by the Superintendent to carry out any functions under this Act and includes any nominated officer; "bathing area" means any place where bathing water is found; "bathing water" means sea water along the coastline of the Maltese islands which is recognised as such by the Superintendent and wherein bathing is not prohibited; "body of water" means an area of sea, whether enclosed or not, and whether public or private; "chimney" includes structures and openings of any kind from or through which smoke, grit, dust or fumes may be emitted, and, in particular, includes flues, and references to a chimney of a building include references to a chimney which serves the whole or a part of a building but is structurally separate from the building but does not include an exhaust pipe of any vehicle; "consent" means approval given by an individual without any force, fraud or threat; "contaminant" means any substance declared under article 27 to be a contaminant; "contaminated land" means land considered as a public health risk by the Superintendent because of its being contaminated by waste disposal, or by industrial or other waste, or other activities; "Council of Health" means the Council constituted by article 7 of the Department of Health (Constitution) Ordinance;

PUBLIC HEALTH "dark smoke" means smoke which is classified as such when measured in terms of any regulations prescribed by the Minister under this Act; "disease" includes any sickness or illness which may cause a disruption of human body functions, systems or organs; and includes also any notifiable disease as well as any symptoms associated with a disease; "domestic furnace" means any furnace which is to used solely or mainly for domestic purposes, and is designed for heating a boiler with a maximum heating capacity of less than 16.12 kilowatts; "free pratique" means permission for a ship to enter a port and disembark passengers, or for an aircraft, after landing, to disembark passengers; "human pathogenic organism" means an organism declared under article 27 to be a human pathogenic organism, and any toxins produced by such an organism; "inhabited area" means an area occupied or capable of being occupied by one hundred persons at an accommodation rate of 3.5 persons per residential unit; "medical examination" means any physical, psychological or psychiatric examination and includes the taking of samples of any substance or excrement from the body; "medical practitioner" means a person legally entitled to practice as a medical practitioner under any law for the time being in force; "Minister" means the Minister responsible for public health; "noise" means noise emitted from all sources and includes noise from road, air traffic, industries, construction and public work, the surrounding neighbourhood, noise emitted from ventilation systems, office machines and home appliances; " no m i na te d o ff i c e r" m e a n s a ny pe r s on au th o r ise d b y t he Superintendent to carry out any specified function or functions under this Act for such period of time as the Superintendent may determine; "notifiable disease" means a disease declared under article 27 to be a disease which is required to be reported to the Superintendent; "nuisance" means unlawful interference, of public health significance, with the enjoyment of property or with a person’s way of life and which is prejudicial to health and has an element of repetition; "owner" includes: (a) the agent of the owner or a trustee; (b) any person who receives, or is entitled to receive rental payments under a lease of the premises; (c) an occupier; and (d) a person in charge of or operating any premises; "person" means physical or legal person and includes a public PUBLIC HEALTH authority; "port" means a port designated by the state in whose territory it is

situated as a port of entry or departure for international travel or trade; "practicable" means reasonably practicable having regards, amongst other things, to local conditions and circumstances, to the fin ancial im pl icati ons and to the current stat e of tech nical knowledge; "premises" includes: (a) land; (b) a building or part of a building; (c) a structure or part of a structure; and (d) a tent, stall or other temporary structure; "private dwelling" means any building or part of a building used or intended to be used for or by a person to reside in; "public health" means the physical and mental well being of the community; "public health emergency" means any situation in which a public health risk is actual or imminent; "public health risk" includes any person and any structure, activity, animal, substance or thing that may contribute to disease in humans or may have adverse effects on human health or prevent and, or, restrict the improvement of public health; "recreational water" means bathing water, swimming pool water and any body of water used for recreational purposes; "smoke" includes soot, ash, grit and gritty particles emitted in smoke; "Superintendent" means the Superintendent of Public Health and to the extent of any delegation or authority given includes an authorised officer; "swimming pool water" means water in a pool intended for recreational bathing, swimming, diving, or for therapeutic purposes whether located indoors or outdoors other than such pool used or intended to be used as a pool at a single-family residence, but includes a swimming pool located at a single-family residence, which is used or intended to be used for commercial or business purposes; "vaccine" means a vaccine, derived from any source, that is used to prevent disease in humans; "vehicle" includes any sea-going craft or aircraft; "waste" includes refuse, rubbish, sewage, manure, liquid waste, stagnant water, rubble and debris; "water" excludes water for human consumption.

PART II

PUBLIC HEALTH ADMINISTRATION Superintendent.

Amended by:

XXXIII.2024.

First Schedule.

Functions and powers of Superintendent.

Art. 3

This Act shall be administered by the Superintendent:

Provided that in matters related to radiation the Superintendent shall act through the Radiation Protection Board established by the Health and Safety at Work Act, and that in matters related to food safety the Superintendent shall act through the Food Safety Commission established by the Food Safety Act.

Art. 4

The Superintendent shall be responsible for public health in Malta and shall: (a) ensure that the provisions of this Act and of regulations made thereunder are complied with; (b) develop and implement strategies to promote and improve public health; (c) issue standards for public health; (d) advise the Minister on matters regarding public health in general and on matters relating to this Act in particular; (e) carry out any other function assigned to him by this Act or any other law; and (f) Delegation. perform any other act which may be necessary or conducive to the better performance of the functions and responsibilities assigned to him by this Act.

Art. 5

Powers of authorised officers.

Art. 6

Art. 7

PUBLIC HEALTH (a) any person; (b) any matter or activity; (c) any area, premises, body of water; (d) and any vehicle from any provision of this Act.

Provided that such order that is revoked, amended or substituted shall be published in the Gazette as soon as practical after it is made.

Information request.

Art. 8

The Superintendent or any authorised officer may for the purposes of this Act request any person to: (a) give his personal details; (b) give details of any licence, permit or exemption under this Act; (c) provide any information relating to public health; and (d) give information about his or any other person’s activities in respect of any matter under this Act.

Hindering or obstructing authorised officer.

Art. 9

Any person who by any means whatsoever, hinders or o bs t ru c ts th e S u per in te n den t or a n au th or is e d o ffi c e r f ro m exercising any of his powers and functions under this Act shall be guilty of an offence against this Act.

Conflict of interest.

Art. 10

Identification documents.

Art. 11

Abatement notices.

Art. 12

Provided that an abatement notice may be issued to different persons when the responsibility for complying falls on more than one person.

PUBLIC HEALTH

Provided that the indication of any such time in the abatement notice shall be without prejudice to any other action that may be taken by the Superintendent or any authorised officer before the expiry thereof.

Art. 13

Undertakings.

Art. 14

PUBLIC HEALTH (b) the area to which the declaration applies.

Directions by Superintendent.

Art. 15

Special powers.

Art. 16

Compensation.

Art. 17

Awareness of public health risk.

Art. 18

PUBLIC HEALTH

Art. 19

Recording of information.

Art. 20

Powers of Superintendent with regard to certain articles. (a) is not imported, manufactured, sold, used, stored or transported or handled in any manner whatsoever; (b) is to be dealt with in accordance with any directions he may impose.

Art. 21

Removal and disposal.

Art. 22

Superintendent may carry out direction and the expenses recovered as civil debts.

Art. 23

Offences against authorised officers.

Art. 24

PUBLIC HEALTH offence.

Board and Committees.

Art. 25

PART III

POWERS TO MAKE REGULATIONS Powers to the Minister.

Art. 26

Recreational waters. (d) for the control of recreational waters and in particular: (i) the quality standards thereof; (ii) the method and frequency of sampling and the methods for testing and analysis thereof; (iii) the closure of bathing areas; (iv) the regulation, registration and licensing of swimming pools; (v) the regulation of areas where and times when animals may be taken into the sea; (e) for the control of smoke and in particular: (i) the methods of measurement of dark smoke and setting the limits on the rate of emissions of smoke; (ii) identifying specific chimney heights depending on the purpose of the chimney, on the type of fuel to be used or in use and the location of the building; (iii) declaring smoke controlled areas; (iv) regulating or exempting from regulations any burning process, including furnaces and PUBLIC HEALTH (v) (vi) (f) domestic furnaces; controlling and monitoring indoor air pollution; giving effect to international agreements or standards with regard to smoke and air pollution applicable to Malta; regarding the limit or elimination of any noise, which may give rise to a nuisance, inconvenience or disturbance or constitute a danger to health and in particular: (i) setting out objectives for reducing noise levels; (ii) setting noise level standards for residential noise and noise that is emitted from or caused by a vehicle, machinery or equipment; (g) regulating: (i) dumping, keeping, transportation, storage, collection, treatment, recycling, reuse, disposal, importation and exportation of waste; and (ii) houses or other premises built upon or near any contaminated land; (h) regulating: (i) premises used for habitation or assembly, including caravans and caravan sites, day care centres and any other structures used for habitation whether permanent or not and whether movable or fixed; (ii) prohibiting the keeping of animals, in any premises, in any area whether within an inhabited area or not; (i) prescribing: (i) the standards for water quality for different uses; (ii) the sampling and monitoring requirements for specific types of water and their uses; (iii) water which may become prejudicial to health when used in any process or system; (iv) the registration or licensing of activities, processes and systems where water is used; (v) the regulation of suppliers or carriers of water; (j) regulating: (i) the construction, layout, siting and material to be used for any drainage system and ancillary facilities; (ii) sanitary practices relating to disposal of waste in or from any premises; (iii) the removal of stoppages from and the

maintenance of drainage systems and other ancillary facilities of private and public premises; (k) prescribing:

Matters relating to water.

PUBLIC HEALTH (i) the obligations of any commander, ship master, or any other member of the crew or staff on an aircraft or sea-going craft; (ii) the signals to be hoisted or messages to be given by sea-going craft or by aircraft having any case of disease on board; (iii) regulations regarding the granting of free pratique; (iv) regulations relating to the issue of deratting certificates or deratting exemption certificates; (v) the obligations of any person engaged with any airport or port authorities or any other person at any airport or port; (vi) regulations regarding the discharge or loading of cargo, waste, water or food supplies, fuel, equipment, as well as smoke or gas emissions; (l) (i) (ii) (iii) (iv) (m) (i) (ii) (iii) (iv) (v) regulating the importation, exportation, licensing, keeping, sale, giving by way of compensation or otherwise of poisonous, venomous or otherwise dangerous living organisms which are not endemic in Malta and which may pose a public health risk to any person that may come in contact with them; regulating the control or extermination of rats, mice or any other pest which may act as a vector or carrier of disease; regulating the importation, use, storage and sale of chemicals and substances containing chemical which are or may pose a public health risk; regulating burning process, including furnaces and domestic furnaces; and regulating any activity where there is risk of potential exposure to ionising radiation, including activities of producing, manufacturing, importing, exporting, supplying, keeping, conveying, using or otherwise dealing with radioactive substances or radiation apparatus as well as the exposure to radiation in the diagnosis and treatment of disease; classifying and regulating:

A. radioactive substances;

B. ionising or non-ionising radiation apparatus;

C. sealed radioactive sources;

D. other radiation apparatus; specifying standards, practices and procedures to be followed with regard thereto; regulating any act or thing that is involved in or related to an activity referred to in subparagraphs (ii) and (iii); regulating licences, permits, registrations, PUBLIC HEALTH (vi) authorities or approvals in connection therewith; requiring the keeping of records, furnishing of information, and notification of accidents or other matters or events by persons carrying on activities referred to in subparagraphs (ii) and (iii); (vii) prescribing the monitoring of levels of exposure to radiation of persons engaged in activities referred to in subparagraphs (ii) and (iii) and the monitoring of the health of such persons as well as of the general public during and after such activities; (viii) guarding the protection of persons and the environment against the harmful effects of radiation resulting from activities referred to in subparagraphs (ii) and (iii).

Art. 27

The Superintendent may make, vary or revoke orders: (a) (i) listing and categorising notifiable disease conditions; (ii) declaring an organism to be a human pathogenic organism; (iii) declaring a substance to be a contaminant; (b) controlling advertisements that may affect public health and in particular:

Powers of the Superintendent.

Amended by:

III. 2004.52;

X. 2020. 2.

Notifiable diseases and contaminants.

Advertising. (i) controlling the visual, audio and written content thereof; (ii) controlling the layout and sequence of events of the advertisements; (iii) regulating the persons or class of persons used in the advertisements; (iv) requiring a written permission from the Superintendent before the publication of an advertisement; (c) prescribing measures to guard against or to control dangerous epidemics or infectious disease and in particular: (i) regulating the prompt internment of the dead; (ii) regulating the power to inspect premises; (iii) regulating the provision of medical aid, the distribution of medicine, the establishment of hospitals, the promotion of cleansing, ventilation and disinfection and otherwise for guarding against the spread of disease and for the treatment of persons suffering therefrom; (iv) regulating occupancy in premises or any parts thereof to prevent them from being so overcrowded as to be dangerous to health; (v) prescribing such other matter as the Superintendent may deem expedient for the Epidemics and infectious diseases.

Amended by:

X.2020.2.

PUBLIC HEALTH prevention or mitigation of such disease:

Provided that the power of the Superintendent to prescribe such other matter as the Superintendent may deem expedient for the prevention or mitigation of such disease shall include and shall be deemed to have always included the power to provide for any matter which is ancillary or consequential to an order issued under this paragraph including the suspension of any time limits including, but not limited to, legal or judicial time limits, which shall be deemed to include periods of prescription, and any peremptory time limits provided for in any other law as a consequence of the order for the closure of government departments or other places from where public services are provided or of any other order issued under this paragraph as the Superintendent deems expedient;

Certificates, immunisation, etc. (d) ensuring the protection of the public by immunisation against particular diseases and in particular may by such order: (i) regulate and control the practice of any particular type of immunisation in humans; (ii) prescribe forms, certificates, notices, immunisation certificates and postponement certificates; (iii) prescribe those diseases against which immunisation of humans shall be compulsory; (iv) regulate and control the importation, exportation, manufacture, storage and transport of any type of vaccine; (v) publish schedules regarding compulsory or recommended immunisations; (e) (i) specifying the qualifications or conditions necessary for a person to qualify for a registration or a licence under this Act; (ii) specifying the criteria and conditions for the licensing or registration of premises or persons under this Act;

Radiation. (f) (i) requiring the medical examination of persons exposed or believed to have been exposed to radiation; (ii) providing measures to be taken in case of a public health emergency caused by any type of radiation; (g) giving any other direction that is or may be given by the Superintendent under this Act.

PART IV

PREVENTION AND CONTROL OF DISEASE PUBLIC HEALTH

Art. 28

Medical examination.

Art. 29

Directions by the Superintendent. (a) be isolated in such a place as the Superintendent determines; (b) be placed under the supervision of a specified person; (c) submits to further medical examination, medical testing, immunisation, medical treatment or counselling; (d) discloses to an authorised officer the name and address of any other person with whom contact by that person may result or may have resulted in the transmission of the disease; (e) refrains from doing anything which may cause the spread of disease.

Warrant by magistrate.

Art. 30

Persons dirty or verminous.

Art. 31

Notification of disease and contaminants.

Reports and information by Superintendent.

Art. 32

Transmitting disease.

Art. 33

Outbreak of disease.

Art. 34

Epidemics.

Art. 35

Use of certain materials.

Art. 36

Burial, cremation, or removal of body to mortuary.

Amended by:

XVII.2019.43.

Art. 37

PUBLIC HEALTH Provided that nothing contained in this article shall prevent the removal of such body, before the lapse of twenty-four hours, to a mortuary where such removal becomes necessary under any provisions of this Act or any other law.

Provided that nothing in this sub article shall prevent the Superintendent from authorising the removal of such dead body to a mortuary designated by the said Superintendent.

PART V

LEGAL PROCEEDINGS

Art. 38

Proceedings.

Art. 39

PUBLIC HEALTH the offence relates; and (b) the seizure and disposal of any object to which the offence relates; and (c) the transportation and storage of any object to which the offence relates; and (d) any other costs incurred by the Superintendent and occasioned by the offence.

Offender to conform with laws and regulations.

Amended by:

L.N. 427 of 2007.

Art. 40

Suspension of licence.

Art. 41

False or misleading information.

Art. 42

Art. 43

Officers may be called as witnesses.

Art. 44

Art. 44A

Where a charge for breach of the provisions of this Act consists of a charge of a breach of any order given by the Superintendent listed in the Schedule to the Commissioners for Justice Act, the person charged shall be tried in accordance with the Commissioners for Justice Act and shall be liable, on conviction by the Commissioner for Justice, hereinafter referred to as "the Commissioner", to a penalty of between one hundred euro (€100) and ten thousand euro (€10,000).

Offences and penalties.

Amended by:

L.N. 427 of 2007.

Application of the Commissioners for Justice Act.

Added by:

X.2020.3.

Amended by:

XII.2020.4.

Provided that where a charge to which this sub-article applies is contested or where no payment of the penalty as provided above in this sub-article is made, the provisions of this sub-article shall cease to apply in respect of the person to be charged and the case shall proceed in accordance with the provisions of this Act.

Repeal and saving.

PUBLIC HEALTH Ordinance, Cap. 36.