Cap. 465 Art. 2Interpretation. Cap. 94.

In this Act, unless the context otherwise requires -

"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; "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; "nominated officer" means any person authorised by the 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 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 financial implications and to the current state of technical 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.