Legislation and Powers of Entry
Can mosquito control officers enter my home?
Yes, they can enter your garden without consent, but they need your consent to come inside your 'dwelling' (your house or unit). See the Public Health Act 2005 below.
Authorised 'Prevention and Control Programs' permit mosquito control officers to enter premises and treat mosquito breeding sites. This work prevents dengue outbreaks. Queensland Health applies for these permits and they currently exist for:
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Cairns Regional Council area effective until 1 December 2008
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Torres Shire Council area effective until 30 June 2009
For more information see:
Summaries of legislation
The legislation that is currently available for mosquito control officers can be found primarily in:
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Public Health Act 2005 – Chapter 2 Part 4 Authorised Prevention and Control Programs
- Pest Management Act 2001( see Pest Management section below for more information)
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Pest Management Regulation 2003 (see Pest Management section below for more information)
Public Health Regulation 2005
Division 2 (Mosquitoes) of the Health Regulation 2005 is the preferred enforcement legislation and is specifically delegated to local government to enforce.
2P specifies that rainwater tanks and other receptacles used for holding water must be provided with:
(a) mosquito-proof screens of brass, copper, aluminium or stainless steel gauze not coarser than 1 mm aperture mesh of substantial construction and installed in such a manner as not to cause or accelerate corrosion; or
(b) flap valves at every opening of the tank or other receptacle; or
(c) other approved means for preventing the ingress or egress of mosquitoes.
2N places the onus on occupiers to rid their premises of breeding places for mosquitoes.
Public Health Act 2005
Under Chapter 2 Part 4 of the Public Health Act 2005 the Chief Executive of Queensland Health can authorise a prevention and control program if he/she is satisfied there is, or is likely to be, in an area:
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An outbreak of disease capable of transmission to humans by designated pests* (eg. dengue fever); or
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A plague or infestation of a designated pest* (e.g infestation mosquitoes which may carry the dengue fever virus)
* A designated pest means - mosquitos, rats, mice and other animals prescribed under regulation.
Prior to authorising a prevention and control program the Chief Executive (through his/her department) must consult with the Local Government for the area to which the program relates.
The prevention and control program can be undertaken by authorised persons employed by one or more local governments, the state or a combination of the two.
Public Health Act 2005
An authorised person has the following powers as given by Chapter 2 part 4 of the Public Health Act 2005 with regards to an authorised prevention and control program:
They may enter a place in the area to which the program relates at any reasonable time of the day or night, to search for the mosquito and its juvenile forms and an aminal, structure, substance or thing that:
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is, or is likely to become, a breeding ground or source of food for mosquitoes; or
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harbours or is likely to become something that harbours, the mosquito.
An authorised person may not enter a dwelling without the occupiers consent. The following do not form part of a dwelling:
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A carport, other then a carport to which access is restricted (e.g locked gate/door),
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The area of a veranda or deck to which access is not restricted and no provision is made to restrict access,
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The area underneath the dwelling to which access is not restricted and no provision is made to restrict access,
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Any other external part of the dwelling, including for example, the dwellings gutters, and
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Land around the dwelling.
If the occupier of a residence is home the authorised person must produce their identification card, and inform the occupier about the prevention and control program.
Once the authorised person has entered the place he/she has the following powers:
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Take reasonable steps to eradicate or prevent the occurrence or reoccurrence of the mosquito, including by the use of pesticides,
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Take a thing or a sample of or form of a thing, at a place for analysis or testing (e.g mosquito larvae),
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Take into or onto the place any person, equipment and materials the authorised person reasonably requires for exercising a power.
Under section 45 of the Public Health Act 2005 it is an offence for a person to do anything which interferes with a step taken by the authorised person.
If you are at home when the Authorised Person has entered the premise and performed their duties they are required to inform you of:
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any steps taken, or to be taken, under the program to eradicate or prevent the occurrence, or reoccurrence of the mosquitoes,
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if steps have been taken, or are to be taken – that it is an offence to do anything that interferes with a step taken.
This may be done in the form of a notice as well as verbally.
If you are not at home when the authorised officers enter the place and undertake their duties, they will leave a notice at the place in a secure and conspicuous place stating:
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the purpose of the prevention and control program,
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any steps taken, or to be taken, under the program to eradicate or prevent the occurrence or recurrence of mosquitoes,
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if steps have been taken, or are to be taken – that it is an offence to do anything that interferes with a step taken,
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the name and contact details of the authorised person.
Appointment of Officers
Public Health Act 2005
Under Section 377 of the Public Health Act 2005 Employees of a Local Government and State Government can be appointed as authorised officers for prevention and control programs. These authorised officers have powers only relating to Chapter 2 Part 4 of the Act.
Legal action against owner/occupiers
If a government agency wishes to take legal action against property owners/occupiers for breaches of the above legislative provisions, it is critical that before such a decision is taken an environmental health officer has gathered sufficient evidence against that owner/occupier. Such evidence would include, but is not limited to, personal interview records, witness statements, mosquito specimens, mosquito breeding containers (where possible), photographs and/or video footage.
Pest Management
Some dengue fever control measures, such as application of internal and/or external pesticides are considered pest management activities under the Pest Management Act 2001. Personnel carrying out these activities must be licensed pest management technicians.
However, under Section 3D of the Pest Management Regulation 2003 certain people can be exempted from holding a pest management technicians license for using certain pesticides. The authorised persons who undertake dengue work have exemptions to use the pesticide which they use as well as the use of the 'lure and kill' ovitraps. In the rare situation where the inside of your house will need to be treated with pesticides, staff who are licensed pest control technicians will under take this activity.
If you have concerns over the treatments being applied by the officer’s information on the pesticides used will be provided upon request from the officers. Pest management vehicles must also comply with the requirements of the Pest Management Act 2001.
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