{"id":"wa-local:bassendean-town-of-animals-environment-nuisance-and-pests-local-law-2019","name":"Animals, Environment, Nuisance and Pests Local Law 2019","slug":"animals-environment-nuisance-and-pests-local-law-2019","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437081,"registerId":"wa-local:bassendean-town-of-animals-environment-nuisance-and-pests-local-law-2019-pdf-1775954099058","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Animals, Environment, Nuisance and Pests Local Law 2019","content":"!2020065GG!\n1083\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, TUESDAY, 28 APRIL 2020 No. 65 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 11:30 AM\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nTOWN OF BASSENDEAN\n_________\nLOCAL GOVERNMENT ACT 1995\nANIMALS, ENVIRONMENT,\nNUISANCE AND PESTS\nLOCAL LAW 2019\n———————————\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\nWASTE LOCAL LAW 2019\n\n\n\n28 April 2020 GOVERNMENT GAZETTE, WA 1085\nLOCAL GOVERNMENT ACT 1995\nTOWN OF BASSENDEAN\nANIMALS, ENVIRONMENT, NUISANCE AND PESTS\nLOCAL LAW 2019\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Application\n1.4 Repeal\n1.5 Interpretation\nPART 2—KEEPING OF ANIMALS\nDivision 1—Keeping of animals and birds\n2.1 Interpretation\n2.2 Cleanliness\n2.3 Animal enclosures\n2.4 Disposal of dead animals\nDivision 2—Keeping of large animals\n2.5 Interpretation\n2.6 Conditions for keeping of an animal\nDivision 3—Keeping of poultry, pigeons and caged birds\n2.7 Limitation on numbers of poultry and pigeons\n2.8 Conditions for keeping poultry in limited numbers\n2.9 Conditions for keeping of pigeons in limited numbers\n2.10 Removal of non-conforming structure or enclosure\n2.11 Restrictions on pigeons nesting or perching\nPART 3—LAND CARE\nDivision 1—Liquid waste\n3.1 Interpretation\n3.2 Deposit liquid refuse\n3.3 Disposal of liquid waste\nDivision 2—Unsightly land and disused materials\n3.4 Removal of refuse and disused materials\n3.5 Removal of unsightly overgrowth of vegetation\n3.6 Storage of vehicles and machinery\n3.7 Commercial wrecking of vehicles\n3.8 Disposing of disused refrigerators or similar containers\n3.9 Disposal of swimming pool backwash\nPART 4—NUISANCES\nDivision 1—Light\n4.1 Use of exterior lights\n4.2 Emission or reflection of light\n4.3 Local government may give notice directing measures to be taken\n\n1086 GOVERNMENT GAZETTE, WA 28 April 2020\nDivision 2—Smoke, fumes, odours and other emissions\n4.4 Escape of smoke, fumes, odours and other emissions\nDivision 3—Commercial vehicle noise from residential land\n4.5 Commercial vehicle noise from residential land\nDivision 4—Bird nuisance\n4.6 Restrictions on feeding of birds\nPART 5—PEST CONTROL\nDivision 1—Flies\n5.1 Interpretation\n5.2 Fly breeding matter\n5.3 Measures to be taken\n5.4 Local government may give notice\nDivision 2—Mosquitoes\n5.5 Interpretation\n5.6 Premises to be kept free of mosquito breeding matter\n5.7 Measures to be taken by an occupier\n5.8 Drains, channels, compensating basins and septic tanks\n5.9 Drainage of land\n5.10 Swimming pools\nDivision 3—Rodents\n5.11 Interpretation\n5.12 Measures to be taken to eradicate rodents\n5.13 Waste food etc\n5.14 Restrictions of material affording harbourage for rodents\nDivision 4—Cockroaches\n5.15 Interpretation\n5.16 Measures to be taken to eradicate cockroaches\nDivision 5—European Wasps\n5.17 Interpretation\n5.18 Measures to be taken to keep premises free of European wasp nests\nPART 6—OBJECTIONS AND APPEALS\n6.1 Objections and appeals\nPART 7—ENFORCEMENT\nDivision 1—Notices issued under this local law\n7.1 Notice of breach\n7.2 Form of Notice\nDivision 2—Offences and Penalties\n7.3 Offences and Penalties\n7.4 Prescribed offences\n7.5 Form of infringement notices\nSCHEDULE 1—PRESCRIBED OFFENCES\n\n28 April 2020 GOVERNMENT GAZETTE, WA 1087\nLOCAL GOVERNMENT ACT 1995\nTOWN OF BASSENDEAN\nANIMALS, ENVIRONMENT, NUISANCE AND PESTS\nLOCAL LAW 2019\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling\nit, the Council of the Town of Bassendean resolved on 31 March 2020 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Town of Bassendean Animals, Environment, Nuisance and Pests\nLocal Law 2019.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Repeal\nThe Town of Bassendean Health Local Law 2001, published in the Government Gazette on 24 August\n2001 is amended as follows:\n(a) delete Part 4, Division 1;\n(b) delete Part 4, Division 2; clauses 4.15 and 4.16;\n(c) delete Part 4, Division 3;\n(d) delete Part 5, Division 1;\n(e) delete Part 5, Division 2;\n(f) delete Part 5, Division 3;\n(g) delete Part 5, Division 4; and\n(h) delete Part 6.\n1.5 Interpretation\n(1) In this local law, unless the context specifies otherwise—\nAct means the Local Government Act 1995;\naffiliated person means a person who is a member of a poultry or pigeon club incorporated\nunder the Associations Incorporation Act 2015;\nauthorised person means a person appointed by the local government under section 9.10 of the\nLG Act to perform any of the functions of an authorised person under this local law caged;\nbirds includes budgerigars, canaries, finches, quail, doves and other small birds;\nCode of Practice—Pigeon Keeping means the Code of Practice for Pigeon Keeping and Racing\nin Western Australia as prescribed by the Animal Welfare (General) Regulations 2003 as\namended from time to time;\ncommercial vehicle means a motor vehicle having a tare weight in excess of 3000 kilograms;\ncommercial wrecking means the activity of wrecking vehicles or machinery for the purpose of\nconducting a business by offering vehicles, machinery or parts thereof for purchase, trade,\nsale or gain;\ndistrict means the district of the local government;\nland includes any building or structure on the land;\nlocal government means the Town of Bassendean;\nlot has the meaning given to it by the Planning and Development Act 2005;\n\n1088 GOVERNMENT GAZETTE, WA 28 April 2020\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment by a person of his or her\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land\naffected by the interference;\noccupier means any person who is in control of any land or part of any land or authorised by the\nowner, lessee, licensee or any other person empowered to exercise control in relation to land\nto perform any work in relation to any land and includes a builder or contractor;\nother caged birds includes parrots, galahs, corellas and the like;\nowner where used in relation to land, has the meaning given by the Local Government Act 1995;\npermit means a permit issued under this local law;\npigeon includes homing pigeons and other domesticated breeds of the species Columba livia, but\ndoes not include native pigeons or doves whether or not the keeping of such birds is subject to\nthe approval of the Department of Biodiversity, Conservation and Attractions;\npoultry includes fowls, peafowl, turkeys, geese, ducks, bantams and other domestic fowls;\nrefuse means any waste material including bricks, lime, cement, concrete, rubble, stones, iron,\ntimber, tiles, bags, plastics, ashes, vegetation, timber, wood or metal shavings, sawdust, and\nwaste food, and includes any broken, used, derelict or discarded matter;\nRegulations means the Local Government (Functions and General) Regulations 1996;\nSchedule means a schedule to this local law;\nthoroughfare means any highway or thoroughfare which the public are entitled to use, including\nthe verge and other things including bridges and culverts appurtenant to it;\nvehicle means any motor vehicle, part of a motor vehicle in a state of disrepair or in the process\nof being wrecked whether licensed or not; and\nwreck includes the dismantling, breaking up, storage and disposal of vehicles.\n(2) Any other expression used in this local law and not defined herein shall have the meaning given to\nit in the Act.\n(3) Where in this local law a duty, obligation or liability is imposed on an owner or occupier the duty\nshall be deemed to be imposed jointly and severally on each owner and occupier.\n(4) This local law is subject to sections 3.25, 3.27 and Schedules 3.1 and 3.2 of the Local Government\nAct 1995 and any powers of entry exercised by this local government under this local law is subject to\nPart 3, Division 3, Subdivision 3 of the Act.\nPART 2—KEEPING OF ANIMALS\nDivision 1—Keeping of animals and birds\n2.1 Interpretation\nIn this division, unless the context otherwise requires—\nanimal includes cats, dogs, rabbits, ferrets or the like; and\nbird includes but is not limited to poultry, galahs, parrots, corellas, cockatoos and other\nAustralian native birds, budgerigars, finches, pigeons and doves or the like.\n2.2 Cleanliness\nAn owner or occupier of a premises, in or on which an animal or bird is kept shall—\n(a) keep the premises free from excrement, filth, food waste and all other matter which is, or is\nlikely to become offensive or attract rats or other vectors of disease;\n(b) when so directed by local government, clean and disinfect the premises;\n(c) keep the premises, so far as possible free from flies or other vectors of disease, by spraying\nwith a residual insecticide or other effective means; and\n(d) ensure the keeping of the animal or bird does not cause a nuisance and is not offensive or\ndangerous to health.\n2.3 Animal enclosures\n(1) A person shall not keep or cause, or permit to be kept, any animal enclosure on premises which are\nnot effectively drained or of which the drainage flows to the walls or foundations of any building.\n(2) The local government may by notice in writing direct the owner or occupier require the surface of\nthe ground of all enclosures used for the keeping of animals to be paved, graded and drained.\n2.4 Disposal of dead animals\nAn owner or occupier of land on which there is a dead animal shall immediately dispose of the dead\nanimal in such a manner as not to cause or be a nuisance to any person.\n\n28 April 2020 GOVERNMENT GAZETTE, WA 1089\nDivision 2—Keeping of large animals\n2.5 Interpretation\nIn this Division, unless the context otherwise requires—\ncow includes an ox, calf, or bull;\nhorse includes an ass, mule, donkey or pony; and\nlarge animal includes a pig, sheep, goat, deer, llama, alpaca or camel.\n2.6 Conditions for keeping of an animal\n(1) Subject to subclause (2) an owner or occupier of premises shall not keep or allow to be kept any\nhorse, cow or large animal on those premises.\n(2) An owner or occupier of premises may upon written application to the local government, request\npermission to keep one or more sheep or horse. The number of sheep or horses permitted by the local\ngovernment shall be at a rate not greater than one horse or sheep per 2000 square metres of land set\naside for the exclusive use of the sheep or horse.\n(3) The owner or occupier of premises with approval to keep sheep or horses, shall provide for their\nuse a stable or enclosure which shall—\n(a) not be situated within 30 metres of a dwelling;\n(b) be constructed of an impervious material; and\n(c) have a floor, constructed of cement, concrete or other similar impervious material with the\nupper surface of which at least 75mm above the surface of the ground.\n(4) The owner of occupier of any premises on which a stable is located shall—\n(a) maintain the stable in a clean condition, free of insect pests, rodents and offensive odour;\n(b) when so directed in writing by an authorised person, clean, wash and disinfect the stable; and\n(c) when so directed in writing by an authorised person, spray the stable or such parts as may be\ndirected, with a residual insecticide.\nDivision 3—Keeping of poultry, pigeons and caged birds\n2.7 Limitation on numbers of poultry and pigeons and caged birds\n(1) An owner or occupier of premises shall—\n(a) subject to paragraph 1(b), not keep a combined total of more than 12 poultry or caged birds or\n6 ducks without the written approval of the local government, on any one lot of land;\n(b) not keep more than 12 pigeons unless the owner or occupier is an affiliated person in which\ncase the maximum number of pigeons may be increased to 75;\n(c) subject to subclause (3), not keep any of the following—\n(i) geese;\n(ii) a turkey;\n(iii) peafowl;\n(iv) rooster; and\n(v) other caged birds,\non any land within the district.\n(2) The local government may either reduce the approved number of poultry, pigeons or caged birds\nkept by an owner or occupier, or ban the keeping of poultry, pigeons or caged birds by an owner or\noccupier, if the conditions of this Division are not complied with or if excessive noise is evident.\n(3) The local government may, upon written application to it, grant approval to a person who is the\nowner or occupier of premises to keep on those premises, either a goose, gander, turkey, peafowl,\nrooster or other caged birds.\n(4) A person who has been granted approval under subclause (3) hereof, to keep a goose, gander,\nturkey, peafowl, rooster or other caged birds, on the premises may do so only while he/she is the\noccupier thereof.\n(5) The local government may cancel the approval granted to an occupier under subclause (3) hereof,\nupon receipt of a justified complaint relating to the keeping of either a goose, gander, turkey, peafowl,\nrooster or other caged birds.\n2.8 Conditions for keeping poultry in limited numbers\n(1) A person who keeps poultry or permits poultry to be kept shall ensure that—\n(a) no poultry are kept within 9 metres of a neighbouring dwelling and 5 metres from an opening\nto a dwelling;\n(b) no poultry approach within 9 metres of a public street, public building, commercial premises\nor food premises;\n(c) all poultry are kept in an enclosure not closer than 1.2 metres to any property boundary,\nwithin which is a properly constructed, weatherproof structure for roosting, which shall;\n(i) allow a minimum of 0.3 square metres of floor area per fowl;\n(ii) have an impervious floor of 50 millimetre minimum thickness, graded to the front to\nfacilitate easy cleaning;\n\n1090 GOVERNMENT GAZETTE, WA 28 April 2020\n(iii) be designed to allow easy access for cleaning; and\n(iv) have the walls and roof constructed of an impervious material.\n(d) all structures or enclosures within which poultry are kept are maintained at all times in a\nclean condition;\n(e) the enclosures have an otherwise unobstructed area of at least 2 square metres per poultry;\nand\n(f) the occupier shall clean and disinfect the enclosure, structure and surrounds, and trap or bait\nflies, rodents and other vectors of disease when so directed by an authorised person.\n(2) An owner or occupier of a premises, may upon written application to the local government, request\npermission to vary the provisions contained within 2.8(1) (a), (b), (c) and/or (e).\n(3) Local government may cancel the approval granted to an owner/occupier under subclause (2)\nhereof, upon receipt of a justified complaint relating to the conditions for keeping of poultry in limited\nnumbers.\n2.9 Conditions for keeping of pigeons in limited numbers\n(1) A person who keeps, or permits to be kept, pigeons shall ensure that—\n(a) no opening to a pigeon loft, including openings for ventilation, is within 15 metres of a public\nstreet, public building, commercial premises or food premises;\n(b) no opening to a pigeon loft, including openings for ventilation, is within 9 metres of any\nresidential dwelling;\n(c) no pigeon loft is located within 1.2 metres of a boundary of an adjoining property;\n(d) all structures used to house pigeons shall be of sound, weatherproof construction, the\nframework and roost being of smooth sealed timber or metal, the walls and roof to be\nconstructed of galvanised iron or other approved material, and the floor to be constructed in a\nmanner and of a material which will facilitate the hygienic removal of waste matter, husks,\nseed, feathers, dead birds and faecal matter;\n(e) bird cages, aviaries, lofts and surrounds shall be kept in a clean condition to the satisfaction\nof an authorised person;\n(f) the occupier shall clean and disinfect cages, aviaries, lofts and surrounds, and trap or bait\nflies, rodents and other vectors of disease when so directed by an authorised person;\n(g) the local government may, at its discretion, prohibit an owner or occupier exercising homing\npigeons between specified hours of the day, if health or nuisance related problems become\nevident; and\n(h) where there is any discrepancy between this clause relating to the Keeping of Pigeons, cage-\nbirds and other cage-birds and the Code of Practice—Pidgeon Keeping the higher standard of\nconstruction and hygiene shall prevail.\n2.10 Removal of non-conforming structure or enclosure\n(1) If a structure or enclosure is used for the keeping of poultry or pigeons contrary to the provisions\nof sections 2.8 and 2.9 respectively, the local government may by notice in writing direct the owner or\noccupier to take such actions as the authorised person considers necessary within the time specified\nin the notice.\n(2) Where a notice is issued under subclause (1), the requirements set out in the notice must be\ncomplied with within the period specified in the notice.\n2.11 Restrictions on pigeon nesting or perching\n(1) The local government may by notice in writing direct the owner or occupier of a premises in which\npigeons are in a habit of nesting or perching, to take such actions as the authorised person considers\nnecessary to prevent them from continuing to do so.\n(2) Where a notice is issued under subclause (1), the requirements set out in the notice must be\ncomplied with within the period specified in the notice.\nPART 3— LANDCARE\nDivision 1—Liquid waste\n3.1 Interpretation\nIn this division, unless the context otherwise requires—\nliquid refuse includes all washings from windows and vehicles; overflow, bleed off, condensate\nand drainage from air conditioning equipment including cooling towers and evaporative\ncoolers and any other liquid used for cooling purposes; and\nliquid waste means bathroom, kitchen, scullery and laundry wastes, the contents of septic\ntanks, all washings from animal and poultry pens and any other domestic or trade wastes\nthat are discharged by means of a drain to a receptacle for drainage.\n3.2 Deposit of liquid refuse\nAn owner and/or occupier of land shall take reasonable steps to—\n(a) contain all liquid refuse on the land; and\n(b) ensure no liquid refuse is released or escapes from the land, whether by means of wind, water\nor any other cause.\n\n28 April 2020 GOVERNMENT GAZETTE, WA 1091\n3.3 Disposal of liquid waste\n(1) The owner or occupier of premises shall—\n(a) provide one or more of the methods prescribed in this clause, for the disposal of all liquid\nwaste produced on the premises; and\n(b) at all times maintain in good working order and condition any apparatus used for the\ndisposal of liquid waste.\n(2) Liquid waste shall be disposed of by one or more of the following methods—\n(a) discharging it into the sewerage system of a licensed water service operator in a manner\napproved by the licensed water service operator;\n(b) discharging it into an apparatus for the treatment of sewage and disposal of effluent and\nliquid waste approved by the Chief Health Officer or the local government; or\n(c) collection and disposal at an approved liquid waste disposal site in a manner approved by the\nChief Health Officer.\nDivision 2—Unsightly land and disused materials\n3.4 Removal of refuse and disused material\n(1) The owner or occupier of a lot shall not keep, or permit to remain on the lot, any refuse, rubbish or\ndisused material of any nature or kind which in the opinion of authorised person is likely to give the\nlot an untidy appearance and, or does not conform with the general appearance of other land in that\npart of the district.\n(2) The local government may by notice in writing direct the owner or occupier to take such actions as\nthe authorised person considers necessary to remove of refuse, rubbish or disused material from the\nlot within the time frame specified in the notice.\n3.5 Removal of unsightly overgrowth of vegetation\n(1) The owner or occupier of a lot shall not permit to remain on a lot any unsightly overgrowth of\nvegetation that gives the lot an untidy appearance and does not conform with the general appearance\nof other land in that part of the district.\n(2) The local government may give notice in writing to the owner or occupier of a lot to take such\nactions as the authorised person considers necessary to remove the overgrowth of vegetation within\nthe time specified in the notice.\n3.6 Storage of vehicles and machinery\nThe owner or occupier of a residential lot shall not—\n(a) store any vehicle, part or body of a vehicle, vessel or machinery in a state of disrepair;\n(b) allow to remain on any land, a vehicle, part or body of a vehicle, vessel, or machinery in a\nstate of disrepair;\n(c) wreck, dismantle or break up any vehicle, part or body of a vehicle, vessel or machinery;\nunless—\n(i) inside a building; or\n(ii) within an area enclosed by a fence or wall not less than 1.8 metres in height and of\nsuch a nature as to screen all vehicles, parts of bodies of vehicles or machinery from the\nstreet and from adjoining properties; or\n(d) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance.\n3.7 Commercial wrecking of vehicles\nAn owner or occupier of land in the district must not undertake, permit or suffer the commercial\nwrecking of vehicles on that land, without first having obtained written approval from the local\ngovernment.\n3.8 Disposing of disused refrigerators or similar containers\nA person shall not place, leave or dispose of a disused refrigerator, ice-chest, ice-box, trunk, chest or\nother similar article having a compartment which has a capacity of 0.04 cubic metres or more on any\nland without first removing every door and lid and every lock, catch and hinge attached to a door or\nlid or otherwise rendering every door and lid incapable of being fastened.\nDivision 3—Swimming pool backwash management\n3.9 Disposal of swimming pool backwash\nThe owner or occupier of land on which a swimming pool is constructed shall ensure that backwash is\nnot permitted to discharge onto or run-off onto adjacent land.\nPART 4—NUISANCES\nDivision 1—Light\n4.1 Use of exterior lights\nAn owner or occupier of land on which floodlights or other exterior lights are erected or used shall not\nallow the floodlights or other exterior lights to shine directly onto any other premises.\n\n1092 GOVERNMENT GAZETTE, WA 28 April 2020\n4.2 Emission or reflection of light\nAn owner or occupier of land shall ensure that—\n(a) artificial light is not emitted or reflected from anything on the land so as to illuminate\npremises outside that land at a level that interferes unreasonably with normal daily\nactivities; and\n(b) natural light is not reflected from anything on the land so as to create or cause a nuisance to\nthe occupier of any other premises or to a person lawfully using a thoroughfare.\n4.3 Notice may require specified action to prevent emission or reflection of light\n(1) Where—\n(a) floodlights or other exterior lights shine directly onto any other premises;\n(b) artificial light is emitted or reflected from anything on the land so as to illuminate premises\noutside the land that interferes unreasonably with normal daily activities; or\n(c) natural light is reflected from anything on the land so as to create or cause a nuisance to the\noccupier of any other premises or to a person lawfully using a thoroughfare,\nthe local government may by notice in writing direct the owner or occupier to take such actions as the\nauthorised person considers necessary within the time specified in the notice.\n(2) The notice referred to in subclause (1) may direct that—\n(a) floodlights or other exterior lights are used only during the hours specified in the notice;\n(b) the direction in which the lights shine be altered as specified in the notice;\n(c) any reflective surfaces be painted or otherwise treated so as to abate the nuisance; or\n(d) any combination of these measures that the local government believes to be appropriate to\nthe circumstances.\nDivision 2—Smoke, fumes, odours and other emissions\n4.4 Escape of smoke, fumes, odours and other emissions\n(1) An owner or occupier of land or premises shall take all reasonable steps not to cause or permit the\nescape of smoke, fumes or odours from the land or premises in such quantity or of such a nature as to\ncause or to be a nuisance to any person.\n(2) Subclause (1) does not apply to odour from the use of organic fertilisers applied in accordance with\nthe product label or in the case of bulk fertiliser in a manner as to minimise nuisance.\nDivision 3—Commercial vehicle noise\n4.5 Commercial vehicle noise from residential land\nA person shall not start or drive a truck on land or adjacent to land which is zoned, approved or used\nfor residential purposes between the hours of 10.00 pm and 7.00 am on the following day without first\nobtaining the written approval of the local government.\nDivision 4—Bird nuisance\n4.6 Restrictions on feeding of birds\n(1) A person shall not feed a pigeon, dove, ibis, raven, corella, lorikeet or other wild bird so as to cause\na nuisance.\n(2) Where an authorised person forms the opinion that a person has not complied with subclause (1)\nthe local government may give notice to a person requiring the person to clean up and properly\ndispose of any feed or waste products specified in the notice.\nPART 5— PEST CONTROL\nDivision 1—Flies\n5.1 Interpretation\nIn this Division, unless the context otherwise requires—\nflies means any of the two-winged insects constituting the order Diptera commonly known as\nflies.\n5.2 Fly breeding matter not to be left on premises unless covered or treated\nAn owner or occupier of premises shall not place, throw or leave, or permit or cause to be placed,\nthrown or left, in, on, or about the premises any matter or thing which is liable to attract, or be a\nbreeding place for flies unless that matter or thing is covered, protected, treated or dealt with in such\na manner as to effectively prevent it from attracting or being a breeding place for flies.\n5.3 Measures to be taken by an occupier\nAn occupier of premises shall ensure that—\n(a) rubbish receptacles are kept clean and tightly sealed at all times except when refuse is being\ndeposited or emptied;\n(b) food scraps and uneaten animal and bird food are wrapped tightly and deposited in a rubbish\nreceptacle without delay;\n\n28 April 2020 GOVERNMENT GAZETTE, WA 1093\n(c) lawn clippings used on gardens as mulch are raked out thinly;\n(d) fertilisers are dug well into the soil;\n(e) compost heaps are kept well covered;\n(f) barbecues are kept clean and free from food scraps;\n(g) anything that is buried and may attract or be a breeding place for flies is covered with at\nleast 200 millimetres of soil and compacted; and\n(h) excrement from pets is collected and properly disposed of without delay.\n5.4 Local government may give notice directing measures to be taken\nWhere in the opinion of an authorised person flies are prevalent or are breeding on any premises, the\nlocal government may give to the owner or occupier of the premises a notice in writing directing him\nor her to take, within the time specified in the notice, such measures as in the opinion of the\nauthorised person are necessary to—\n(a) control the prevalence of flies;\n(b) effect the eradication of flies; and\n(c) effectively prevent the breeding of flies.\nDivision 2—Mosquitoes\n5.5 Interpretation\nIn this Division, unless the context otherwise requires—\nmosquitoes means any of the two-winged insects constituting the family Diptera Culicidae\ncommonly known as mosquitoes.\n5.6 Premises to be kept free of mosquito breeding matter\nAn owner or occupier of premises shall keep the premises free of—\n(a) refuse; and\n(b) water located so as to be, liable to become the breeding place of mosquitoes.\n5.7 Measures to be taken by an owner or occupier\nAn owner or occupier of premises—\n(a) where there is a fountain, pool, pond or excavation of any kind which contains water suitable\nfor the breeding of mosquitoes, shall keep the water—\n(i) stocked with mosquito predatory fish; or\n(ii) covered with a film of petroleum oil or other larvicide; and\n(b) where there is a water tank, well, cistern, vat or barrel, shall—\n(i) keep it protected with a mosquito-proof cover; and\n(ii) screen all openings, other than the delivery exit, with wire mesh having openings no\nlarger than 1.2 millimetres.\n5.8 Drains, channels, compensating basins and septic tanks\nAn owner or occupier of land shall—\n(a) cause all drains, channels and compensating basins in or on the land to be kept in good order\nand free of mosquito larvae; and or\n(b) where a septic tank is installed on the land—\n(i) apply an approved larvicide according to the directions on the container, into the septic\ntank system, whenever directed to do so by the local government.\n(ii) provide, and keep in sound condition at all times, wire mesh having openings no larger\nthan 1.2 millimetres covering any inlet vent to the tank.\n5.9 Drainage of land\nAn owner or occupier of land upon which there is water liable to become a breeding place for\nmosquitoes shall, when required by the local government, effectively drain the land and, for that\npurpose, shall—\n(a) make or provide drains on the land;\n(b) remove all irregularities in the surface of the land;\n(c) if necessary, adjust the surface of the land or raise the level of the surface in such a manner\nthat—\n(i) the water on the land may flow into the drains without obstruction; and\n(ii) no water shall remain on any portion of the land other than the drains; and\n(d) keep all drains in good order and free from obstruction.\n5.10 Swimming pools\nWhere there is a swimming pool on any premises where the circulation system does not function, or\nhas not been used such that the pool water is green or stagnant and suitable for the breeding of\nmosquitoes, the owner or occupier shall when required by a notice issued by the local government—\n(a) re-activate the pool circulation system within a time specified and operate it so that the water\nis filtered for as many hours as may be specified; and/or\n\n1094 GOVERNMENT GAZETTE, WA 28 April 2020\n(b) chlorinate and adjust pH of the pool to—\n(i) 4 milligrams per litre free chlorine; and\n(ii) pH within the range 7.2 to 7.6; or\n(c) empty or drain the pool; or\n(d) pour up to 1 litre of paraffin oil or kerosene onto the water surface of the pool; and\n(e) maintain the pool water free of mosquito breeding.\nDivision 3—Rodents\n5.11 Interpretation\nIn this Division, unless the context otherwise requires—\nrodents means those animals belonging to the order Rodentia and includes rats and mice but\ndoes not include animals (other than rats) kept as pets in an enclosure designed for the\npurpose of keeping as pets animals of that kind.\n5.12 Measures to be taken to eradicate rodents\n(1) An owner or occupier of premises shall at all times take effective measures to eradicate any\nrodents in or on the premises.\n(2) Without limiting the generality of subclause (1), an owner or occupier of premises, whenever there\nare indications of the presence of rodents in, on or about the premises, and while such indications\ncontinue, shall—\n(a) take effective measures to keep the premises free from rodents including—\n(i) protecting food stuffs;\n(ii) using a rodenticide bait or a properly baited trap; and\n(iii) preventing rodents having access to water on the premises;\n(b) inspect daily each rodenticide bait or trap used and, whenever a rodent is found, shall—\n(i) if it is not already dead, kill it immediately; and\n(ii) dispose of the carcass in such a manner as will not create a nuisance; and\n(c) take whatever measures for the eradication of rodents as an authorised person may from time\nto time direct.\n5.13 Waste food etc.\nAn owner or occupier of premises shall—\n(a) not store, or allow to be stored, on any premises, any food, refuse or other waste matter\nunless it is contained in a rodent proof receptacle or compartment; and\n(b) follow any direction of the authorised person to dispose of fallen fruit, nuts or seed.\n5.14 Restrictions on materials affording harbourage for rodents\n(1) An owner or occupier of premises shall cause—\n(a) any part of the premises; or\n(b) any material, sewer, pipe or other thing in or on the premises, that might afford access or\nharbourage to rodents to be altered, repaired, protected, removed or otherwise dealt with so\nas to prevent it being used as access for or harbourage of rodents.\n(2) The local government may by notice direct, an owner or occupier of premises to take whatever\naction that, in the opinion of an authorised person, is necessary or desirable to prevent or deter the\npresence of rodents in or on the premises.\n(3) An owner or occupier of premises shall comply with a notice from, and within the time allowed by\nlocal government under this clause.\nDivision 4—Cockroaches\n5.15 Interpretation\nIn this Division, unless the context otherwise requires—\ncockroach means any of the various orthopterous insects commonly known as cockroaches.\n5.16 Measures to be taken to eradicate cockroaches\n(1) An owner or occupier of premises shall take effective measures to eradicate any cockroaches in or\non the premises.\n(2) Without limiting the generality of sub-clause (1), an owner or occupier of premises, whenever there\nare any indications of the presence of cockroaches in, on or about the premises, and while such\nindications continue, shall take effective measures to keep the premises free from cockroaches\nincluding—\n(a) washing and storing, immediately after use, cooking and eating utensils;\n(b) wrapping and depositing in a rubbish receptacle without delay all food scraps, uneaten pet\nfood and garbage; and\n(c) whenever required by local government, treating any area with baits or other methods to\neradicate cockroaches.\n\n28 April 2020 GOVERNMENT GAZETTE, WA 1095\nDivision 5—European Wasps\n5.17 Interpretation\nIn this Division, unless the context otherwise requires—\nEuropean Wasp means a wasp Vespula germanica.\n5.18 Measures to be taken to keep premises free from European wasp nests\nAn owner or occupier of premises shall ensure that the premises are kept free from European Wasp\nnests and shall—\n(a) immediately notify the local government of any wasp nest in, on or about the premises that is\nsuspected to be a European Wasp nest;\n(b) follow any direction of an authorised person for the purpose of destroying the wasps and their\nnest; and\n(c) assist an authorised person to trace any nest that may be present in, on or about the\npremises.\nPART 6—OBJECTIONS AND APPEALS\n6.1 Objections and appeals\nWhen the local government makes a decision under this local law as to whether it will—\n(a) grant a person a permit or authorisation;\n(b) vary or cancel a permit or authorisation; or\n(c) give a person a notice,\nthe provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations shall apply to\nthat decision.\nPART 7—ENFORCEMENT\nDivision 1—Notices given under this local law\n7.1 Notice of breach\n(1) Where a breach of any provision of this local law has occurred, the local government may give a\nnotice in writing to the person alleged to be responsible for such a breach.\n(2) A notice issued pursuant to subclause (1) shall—\n(a) specify the provision of this local law which has been breached;\n(b) specify the particulars of the breach; and\n(c) state the manner in which the recipient is required to remedy the breach to the satisfaction of\nthe local government within a time period stipulated in the notice which shall be not less\nthan 7 days from the giving of the notice.\n(3) It is an offence to fail to comply with a notice issued by the local government pursuant to\nsubclause (1).\n7.2 Form of notices\nWhere this local law refers to the giving of a notice other than the giving of an infringement notice\nand no particular form is prescribed, it will be sufficient that the notice be in writing giving sufficient\ndetails to enable the owner, occupier or other person to whom the notice is issued to know the offence\ncommitted and the measures required to be taken or conditions with which compliance is required, as\nthe case may be.\nDivision 2—Offences and Penalties\n7.3 Offences and penalties\n(1) A person who—\n(a) fails to do anything required or directed to be done under this local law;\n(b) fails to comply with the requirements of a notice issued under this local law by the local\ngovernment; or\n(c) does anything which under this local law that person is prohibited from doing,\ncommits an offence.\n(2) Where, under this local law, an act is required to be done or forbidden to be done in relation to any\nland or premises, the owner or occupier of the land or premises has the duty of causing to be done the\nact so required to be done, or of preventing from being done the act forbidden to be done.\n(3) A person who commits an offence under this local law is liable to a maximum penalty of $5000 and\nwhere the offence is of a continuing nature a maximum daily penalty of $500 in respect of each day or\npart of a day during which the offence has continued.\n\n1096 GOVERNMENT GAZETTE, WA 28 April 2020\nDivision 3—Infringement Notices and Modified Penalties\n7.4 Prescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of\nsection 9.16(1) of the Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 1—\n(a) in the case of a first offence the modified penalty will be that prescribed in column 4 of\nSchedule 1; and\n(b) in the case of a subsequent offence the modified penalty will be that prescribed in column 5 of\nSchedule 1.\n7.5 Form of infringement notices\nFor the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to\nin section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;\n(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the Regulations; and\n(c) the form of the notice given under section 9.20 of the Act withdrawing an infringement notice\nis that of Form 3 in Schedule 1 of the Regulations.\n————\nSchedule 1\nPRESCRIBED OFFENCES\n[Clause 7.4]\nItem Clause Description of offence\nModified\npenalty—\nfirst\noffence\nModified\npenalty—\nsubsequent\noffence\n1. 2.2 Failing to keep an animal or bird in accordance\nwith a condition of this local law $250 $500\n2. 2.3(1) Failing to maintain an animal enclosure $250 $500\n3. 2.4 Failing to immediately dispose of a dead\nanimal in a manner as not to cause a nuisance $250 $500\n4. 2.6 Failing to keep an animal in accordance with\nconditions of this local law $250 $500\n5. 2.7(1)(a) Keeping more than 12 poultry or caged birds $250 $500\n6. 2.7(1)(c) Keeping of a goose or gander, turkey, peafowl,\nrooster or other caged bird without written\npermission of the local government $250 $500\n7. 2.8 Failing to keep poultry in accordance with\nconditions of this local laws $250 $500\n8. 2.9 Failing to keep pigeons in accordance with\nconditions of this local laws $250 $500\n9. 2.10(2) Failing to comply with a notice to remove non-\nconforming structure or enclosure $250 $500\n10. 2.11(2) Failing to comply with a notice issued to\nprevent pigeons nesting or perching $250 $500\n11. 3.2 Release of liquid refuse from the land $250 $500\n12. 3.3(2) Failing to dispose of liquid waste in an\napproved manner $250 $500\n13. 3.4(1) Keeping or allowing to be kept on a lot refuse,\nrubbish or disused material giving the land an\nuntidy appearance $250 $500\n14. 3.5(1) Keeping or allowing to be kept on a lot\nunsightly overgrowth of vegetation giving the\nland an untidy appearance $250 $500\n15. 3.6(a) Storing on a lot a vehicle, part or body of a\nvehicle or machinery in a state of disrepair $250 $500\n16. 3.6(b) Storing or allowing to remain on land, a\nvehicle, part or body of a vehicle or machinery\nin a state of disrepair $250 $500\n17. 3.6(c)(i) Wreck, dismantle or break up any vehicle part\nor body, vessel or machinery not inside a\nbuilding $250 $500\n\n28 April 2020 GOVERNMENT GAZETTE, WA 1097\nItem Clause Description of offence\nModified\npenalty—\nfirst\noffence\nModified\npenalty—\nsubsequent\noffence\n18. 3.6(c)(ii) Wreck, dismantle or break up any vehicle part\nor body, vessel or machinery not behind a\nsufficient fence or wall $250 $500\n19. 3.6(d) Wrecking, dismantling or breaking up a\nvehicle, vessel or machinery so as to cause a\nnuisance $250 $500\n20. 3.7 Commercial wrecking of vehicles on land\nwithout local government approval $250 $500\n21. 3.8 Disposing of disused refrigerator or similar\ncontainer with door or lid that can be fastened $250 $500\n22. 3.9 Discharging swimming pool backwash onto\nadjacent land $250 $500\n23. 4.1 Erection or use of lighting installations other\nthan in accordance with this local law $250 $500\n24. 4.2(a) and\n(b)\nPermit the emission or reflection of light $250 $500\n25. 4.4(1) Allowed the escape of smoke, fumes, odour and\nother emissions so as to cause a nuisance $250 $500\n26. 4.5 Use of a commercial vehicle other than in\naccordance with this local law $250 $500\n27. 4.6(1) Feeding a bird so as to cause or create a\nnuisance $250 $500\n28. 5.2 Failing to keep premises free of fly breeding\nmatter $250 $500\n29. 5.3 Failing to comply with conditions of this local\nlaw preventing fly breeding $250 $500\n30. 5.6 Failing to keep premises free of mosquito\nbreeding matter $250 $500\n31. 5.7 Failing to comply with a condition of this local\nlaw to prevent mosquito breeding $250 $500\n32. 5.8 Failing to maintain a drain, channel,\ncompensating basin or septic tank in\naccordance with a condition of this local law $250 $500\n33. 5.9 Failing to drain land $250 $500\n34. 5.10 Failing to comply with a notice of the local\ngovernment $250 $500\n35. 5.12(1) Failing to take effective measures to eradicate\nrodents in or on the premises $250 $500\n36. 5.12(2) Failing to take measures to eradicate rodents\nin accordance with this local law $250 $500\n37. 5.13(a) Failing to prevent access by rodents to waste\nfood, refuse or other waste $250 $500\n38. 5.13(b) Failing to follow a direction to dispose of fallen\nfruit, nuts or seed $250 $500\n39. 5.14(1) Failing to alter, repair, protect, remove or\notherwise deal with part of a premises or other\nthing on the premises used as access for or\nharbourage of rodents $250 $500\n40. 5.16(1) Failing to take effective measures to eradicate\ncockroaches $250 $500\n41. 5.18 Failing to ensure premises is free of European\nWasp nests $250 $500\n————\nDated this 8th day of April 2020.\nThe Common Seal of the Town of Bassendean was affixed by authority of a resolution of the Council\nin the presence of—\nRENEE McLENNAN, Mayor.\nPETA MABBS, Chief Executive Officer.\n\n\n\n28 April 2020 GOVERNMENT GAZETTE, WA 1099\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\nTOWN OF BASSENDEAN\nWASTE LOCAL LAW 2019\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Short title\n1.2 Commencement\n1.3 Application\n1.4 Repeal\n1.5 Meaning of terms used in this local law\n1.6 Local public notice of determinations\n1.7 Rates, fees and charges\n1.8 Power to provide waste services\nPART 2—LOCAL GOVERNMENT WASTE\n2.1 Supply of receptacles\n2.2 Deposit of waste in receptacles\n2.3 General waste receptacles\n2.4 Recycling waste receptacles\n2.5 Organic waste receptacles\n2.6 Direction to place or remove a receptacle\n2.7 Duties of owner or occupier\n2.8 Exemption\n2.9 Damaging or removing receptacles\n2.10 Verge collections\nPART 3—GENERAL DUTIES\n3.1 Duties of an owner or occupier\n3.2 Removal of waste from premises\n3.3 Receptacles and containers for public use\nPART 4—OPERATION OF WASTE FACILITIES\n4.1 Operation of this Part\n4.2 Hours of operation\n4.3 Signs and directions\n4.4 Fees and charges\n4.5 Depositing waste\n4.6 Prohibited activities\nPART 5—ENFORCEMENT\n5.1 Objection and appeal rights\n5.2 Offences and general penalty\n5.3 Other costs and expenses\n5.4 Prescribed offences\n5.5 Form of notices\nSCHEDULE 1—MEANING OF ‘NON-COLLECTABLE WASTE’\nSCHEDULE 2—PRESCRIBED OFFENCES\n\n\n\n28 April 2020 GOVERNMENT GAZETTE, WA 1101\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\nTOWN OF BASSENDEAN\nWASTE LOCAL LAW 2019\nUnder the powers conferred on it by the Waste Avoidance and Resource Recovery Act 2007, the Local\nGovernment Act 1995 and under all other enabling powers, the Council of the Town of Bassendean\nresolved on 31st March 2020 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Short title\nThis is the Town of Bassendean Waste Local Law 2019.\n1.2 Commencement\nThis local law commences 14 days after the day on which it is published in the Government Gazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Repeal\nThis local law repeals part 4, division 2 of the Town of Bassendean Health Local Law 2001, as\npublished in the Government Gazette on 24 August 2001, except for the following clauses—\n(b) clause 4.16\n1.5 Meaning of terms used in this local law\n(1) In this local law—\nauthorised person means a person appointed by the local government under section 9.10 of the\nLG Act to perform any of the functions of an authorised person under this local law;\ncollectable waste means local government waste that is not—\n(a) liquid refuse;\n(b) liquid waste; or\n(c) non-collectable waste;\ncollectable waste receptacle means a receptacle for the deposit and collection of collectable\nwaste that is—\n(a) a recycling waste receptacle;\n(b) a general waste receptacle; or\n(c) an organic waste receptacle;\ncollection, when used in relation to a receptacle, means the collection and removal of collectable\nwaste from the receptacle by the local government or its contractor;\ncollection day means the day determined by the local government for the collection of collectable\nwaste in the district or a part of the district;\ncollection time means the time on the collection day determined by the local government for the\ncollection of collectable waste in the district or a part of the district;\ncosts of the local government include administrative costs;\nCouncil means the council of the local government;\ndistrict means the district of the local government;\ngeneral waste receptacle means a receptacle for the deposit and collection of collectable waste\nthat is not recycling waste;\nLG Act means the Local Government Act 1995;\nLG Regulations means the Local Government (Functions and General) Regulations 1996;\nlocal government means Town of Bassendean;\nlocal government waste has the same meaning as in the WARR Act;\n\n1102 GOVERNMENT GAZETTE, WA 28 April 2020\nnon-collectable waste has the meaning set out in Schedule 1;\noccupier in relation to premises, means any or all of the following—\n(a) a person by whom or on whose behalf the premises are actually occupied; or\n(b) a person having the management or control of the premises;\norganic waste means waste that decomposes readily, such as garden waste or food waste;\norganic waste receptacle means a receptacle for the deposit and collection of organic waste;\nowner has the same meaning as in the LG Act;\npublic place includes a place to which the public ordinarily have access, whether or not by\npayment of a fee;\nreceptacle, means a receptacle—\n(a) that has been supplied for the use of the premises by the local government or its\ncontractor, or which has otherwise been approved by the local government; and\n(b) the waste from which is collected and removed from the premises by the local\ngovernment or its contractor;\nrecycling waste receptacle means a receptacle for the deposit and collection of recycling waste;\nrecycling waste means—\n(a) paper and cardboard;\n(b) plastic containers comprised of polyethylene terephthalate or high density\npolyethylene;\n(c) glass containers;\n(d) steel containers;\n(e) aluminium containers;\n(f) liquid paper board; and\n(g) any other waste determined by the local government to be recycling waste;\nspecified means specified by the local government or an authorised person, as the case may be;\nstreet alignment means the boundary between the land comprising a street and the land that\nabuts the street;\nWARR Act means the Waste Avoidance and Resource Recovery Act 2007;\nWARR Regulations means the Waste Avoidance and Resource Recovery Regulations 2008;\nwaste has the same meaning as in the WARR Act;\nwaste facility means a waste facility, as defined in the WARR Act, that is operated by the local\ngovernment; and\nwaste service has the same meaning as in the WARR Act.\n(2) Where, in this local law, a duty or liability is imposed on an owner or occupier, or on an owner and\noccupier, the duty or liability is taken to be imposed jointly and severally on each of the owners or\noccupiers.\n1.6 Local public notice of determinations\nWhere, under this local law, the local government has a power to determine a matter—\n(a) local public notice, under section 1.7 of the LG Act, shall be given of the matter determined;\n(b) the determination becomes effective only after local public notice has been given;\n(c) the determination remains in force for the period of one year after the date that local public\nnotice has been given under paragraph (a);\n(d) after the period referred to in paragraph (c), the determination continues in force only if, and\nfor so long as, it is the subject of local public notice, given annually, under section 1.7 of the\nLG Act; and\n(e) the determination shall be recorded in a publicly accessible register of determinations that\nshall be maintained by the local government.\n1.7 Rates, fees and charges\nThe local government’s powers to impose rates, fees and charges in relation to waste services are set\nout in sections 66 to 68 of the WARR Act and sections 6.16 and 6.17 of the LG Act.\n1.8 Power to provide waste services\nThe local government’s power to provide, or enter into a contract for the provision of, waste services is\ndealt with in section 50 of the WARR Act.\nPART 2—LOCAL GOVERNMENT WASTE\n2.1 Supply of receptacles\n(1) The local government is to supply, for the use of each premises that are, or are capable of being,\noccupied or used for residential purposes, one or more receptacles for the collection and removal, from\nthose premises, of collectable waste.\n\n28 April 2020 GOVERNMENT GAZETTE, WA 1103\n(2) The owner of premises to which subclause (1) applies must—\n(a) ensure that the fee or charge (if any) imposed by the local government in relation to each\nreceptacle is paid to the local government; and\n(b) ensure that each receptacle is used, in respect of those premises, in accordance with this local\nlaw.\n2.2 Deposit of waste in receptacles\n(1) An owner or occupier of premises shall not deposit or permit to be deposited in a receptacle any\nnon-collectable waste.\n(2) A person shall not deposit waste in a receptacle that has been provided for the use of other\npremises without the consent of the owner or occupier of those premises.\n2.3 General waste receptacles\n(1) An owner or occupier of premises shall not deposit or permit to be deposited in a general waste\nreceptacle—\n(a) where the receptacle has a capacity of 240 litres—more than 70 kilograms of collectable\nwaste; or\n(b) where the receptacle has a capacity of 140 litres—more than 70 kilograms of collectable\nwaste; or\n(c) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n(2) Where the local government supplies recycling waste receptacles, an owner or occupier of premises\nshall not deposit or permit to be deposited in a general waste receptacle any recycling waste.\n(3) Where the local government supplies organic waste receptacles, an owner or occupier of premises\nshall not deposit or permit to be deposited in a general waste receptacle any organic waste.\n2.4 Recycling waste receptacles\nAn owner or occupier of premises shall not deposit or permit to be deposited in a recycling waste\nreceptacle—\n(a) anything other than the particular type of recycling waste for which that receptacle was\nprovided by the local government for those premises;\n(b) where the receptacle has a capacity of 240 litres— more than 70 kilograms of recycling waste;\nor\n(c) where the receptacle has a capacity of 360 litres—more than 70 kilograms of recycling waste;\nor\n(d) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n2.5 Organic waste receptacles\nAn owner or occupier of premises shall not deposit or permit to be deposited in an organic waste\nreceptacle—\n(a) anything other than the particular type of organic waste for which that receptacle was\nprovided by the local government for those premises;\n(b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of organic waste; or\n(c) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n2.6 Direction to place or remove a receptacle\n(1) The local government or an authorised person may give a written direction to an owner or occupier\nof specified premises—\n(a) to place a receptacle in respect of those premises for collection; or\n(b) to remove a receptacle in respect of those premises after collection.\n(2) The direction under paragraph (1) may specify when the placement or removal is to occur, or\nwhere the receptacle is to be placed, or both.\n(3) An owner or occupier of premises shall comply with a direction given under this clause.\n2.7 Duties of owner or occupier\nAn owner or occupier of premises shall—\n(a) except for a reasonable period before and after collection time, keep each receptacle in a\nstorage space or area that is behind the street alignment;\n(b) take reasonable steps, if placing a receptacle for collection on the verge adjoining the\npremises, or other area as determined by the local government, ensure that, within a\nreasonable period before collection time, each receptacle is—\n(i) within 1 metre of the carriageway;\n(ii) placed so that it does not unduly obstruct any footpath, cycle way, right-of-way or\ncarriageway; and\n(iii) facing squarely to the edge of and opening towards the carriageway,\nor in such other position as is approved in writing by the local government or an authorised\nperson;\n\n1104 GOVERNMENT GAZETTE, WA 28 April 2020\n(c) take reasonable steps to ensure that the premises are provided with an adequate number of\nreceptacles; and\n(d) if the receptacle is lost, stolen, damaged or defective, notify the local government, as soon as\npracticable, after the event.\n2.8 Exemption\n(1) An owner or occupier of premises may apply in writing to the local government for an exemption\nfrom compliance with the requirements of clause (a) or (b).\n(2) The local government or an authorised person may grant, with or without conditions, or refuse an\napplication for exemption from compliance under this clause.\n(3) An exemption granted under this clause shall state—\n(a) the premises to which the exemption applies;\n(b) the period during which the exemption applies; and\n(c) any conditions imposed by the local government or the authorised person.\n(4) An exemption granted under this clause ceases to apply—\n(a) if the local government decides, on reasonable grounds, that there has been a failure to\ncomply with a condition of the exemption; and\n(b) from the date that the local government informs the owner or occupier of its decision under\nclause 2.8(4)(a).\n2.9 Damaging or removing receptacles\nA person, other than the local government or its contractor, shall not—\n(a) damage, destroy or interfere with a receptacle; or\n(b) except as permitted by this local law or as authorised by the local government or an\nauthorised person, remove a receptacle from any premises to which it was delivered by the\nlocal government or its contractor.\n2.10 Verge collections\n(1) Where the local government has advertised a verge waste collection (such as a green waste, or a\nbulk waste, verge collection) a person, unless with and in accordance with the approval of the local\ngovernment or an authorised person—\n(a) shall deposit waste only during the period of time, and in accordance with other terms and\nconditions, as advertised by the local government in relation to that verge waste collection;\nand\n(b) must otherwise comply with those terms and conditions.\n(2) Where waste has been deposited on a verge for a verge waste collection, a person must not remove\nany of that waste for a commercial purpose but may remove it for any other purpose.\n(3) Except where waste is lawfully removed from a verge under this clause, a person must not\ndisassemble or tamper with any waste deposited on a verge for a verge waste collection so as to\nincrease the risk of harm to any person.\n(4) Clause 2.10(2) does not apply to the local government or a person engaged or contracted by the\nlocal government in relation to the verge waste collection.\nPART 3—GENERAL DUTIES\n3.1 Duties of an owner or occupier\nAn owner or occupier of premises shall—\n(a) take reasonable steps to ensure that a sufficient number of receptacles are provided to\ncontain all waste which accumulates or may accumulate in or from the premises;\n(b) ensure that each receptacle is kept in good condition and repair;\n(c) take all reasonable steps to—\n(i) prevent fly breeding and keep each receptacle free of flies, maggots, cockroaches,\nrodents and other vectors of disease;\n(ii) prevent the emission of offensive or noxious odours from each receptacle; and\n(iii) ensure that each receptacle does not cause a nuisance to an occupier of adjoining\npremises; and\n(d) whenever directed to do so by the local government or an authorised person, thoroughly\nclean, disinfect, deodorise and apply a residual insecticide to each receptacle.\n3.2 Removal of waste from premises\n(1) A person shall not remove any waste from premises unless that person is—\n(a) the owner or occupier of the premises;\n(b) authorised to do so by the owner or occupier of the premises; or\n(c) authorised in writing to do so by the local government or an authorised person.\n(2) A person shall not remove any waste from a receptacle without the approval of—\n(a) the local government or an authorised person; or\n(b) the owner or occupier of the premises at which the receptacle is ordinarily kept.\n\n28 April 2020 GOVERNMENT GAZETTE, WA 1105\n3.3 Receptacles and containers for public use\nA person shall not, without the approval of the local government or an authorised person—\n(a) deposit household, commercial or other waste from any premises on or into; or\n(b) remove any waste from,\na receptacle provided for the use of the general public in a public place.\nPART 4—OPERATION OF WASTE FACILITIES\n4.1 Operation of this Part\nThis Part applies to a person who enters a waste facility.\n4.2 Hours of operation\nThe local government may from time to time determine the hours of operation of a waste facility.\n4.3 Signs and directions\n(1) The local government or an authorised person may regulate the use of a waste facility—\n(a) by means of a sign; or\n(b) by giving a direction to a person within a waste facility.\n(2) A person within a waste facility shall comply with a sign or direction under paragraph (1).\n(3) The local government or an authorised person may direct a person who commits, or is reasonably\nsuspected by the local government or the authorised person of having committed, an offence under\nthis clause to leave the waste facility immediately.\n(4) A person shall comply with a direction under paragraph (3).\n4.4 Fees and charges\n(1) Unless paragraph (3) applies, a person shall, on or before entering a waste facility or on demand\nby the local government or an authorised person, pay the fee or charge as assessed by an authorised\nperson.\n(2) An authorised person may assess the fee or charge in respect of a particular load of waste at a rate\nthat applies to any part of that load, even if that rate is higher than the rate that would apply to any\nother part of the load.\n(3) Paragraph (1) does not apply—\n(a) to a person who disposes of waste in accordance with the terms of—\n(i) a credit arrangement with the local government; or\n(ii) any other arrangement with the local government to pay the fee or charge at a different\ntime or in a different manner; and\n(b) to the deposit of waste owned by the local government, or in the possession of an employee on\nbehalf of the local government.\n4.5 Depositing waste\n(1) A person shall not deposit waste at a waste facility other than—\n(a) at a location determined by a sign and in accordance with the sign; and\n(b) in accordance with the direction of an authorised person.\n(2) The local government may determine the classification of any waste that may be deposited at a\nwaste facility.\n4.6 Prohibited activities\n(1) Unless authorised by the local government, a person shall not—\n(a) remove any waste or any other thing from a waste facility;\n(b) deposit at a waste facility that is a landfill site any waste that is toxic, poisonous or\nhazardous, or the depositing of which is regulated or prohibited by any written law;\n(c) light a fire in a waste facility;\n(d) remove, damage or otherwise interfere with any flora in a waste facility;\n(e) remove, injure or otherwise interfere with any fauna in a waste facility; or\n(f) damage, deface or destroy any building, equipment, plant or property within a waste facility.\n(2) A person shall not act in an abusive or threatening manner towards any person using, or engaged\nin the management or operation of, a waste facility.\nPART 5—ENFORCEMENT\n5.1 Objection and appeal rights\nDivision 1 of Part 9 of the LG Act applies to a decision under this local law to grant, renew, vary or\ncancel—\n(a) an approval under clause 2.7(b);\n(b) an exemption under clause 2.8(2);\n(c) an approval under clause 2.9(b);\n\n1106 GOVERNMENT GAZETTE, WA 28 April 2020\n(d) an approval under clause 2.10(1);\n(e) an authorisation under clause 3.2(1)(c);\n(f) an approval under clause 3.2(2); and\n(g) an approval under clause 3.3.\n5.2 Offences and general penalty\n(1) A person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law a person is prohibited from doing, commits an offence.\n(2) A person who commits an offence under this local law is liable, on conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to a further penalty not exceeding $500\nin respect of each day or part of a day during which the offence has continued.\n5.3 Other costs and expenses\n(1) A person who is convicted of an offence under this local law is to be liable, in addition to any\npenalty imposed under clause 5.2, to pay to the local government the costs and expenses incurred by\nthe local government in taking remedial action such as—\n(a) removing and lawfully disposing of toxic, hazardous or poisonous waste; or\n(b) making good any damage caused to a waste facility.\n(2) The costs and expenses incurred by the local government are to be recoverable, as a debt due to\nthe local government, in a court of competent civil jurisdiction.\n5.4 Prescribed offences\n(1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of\nsection 9.16(1) of the LG Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 2.\n5.5 Form of notices\n(1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in\nsection 9.13 of the LG Act is that of Form 1 in Schedule 1 of the LG Regulations.\n(2) The form of the infringement notice given under section 9.16 of the LG Act is that of Form 2 in\nSchedule 1 of the LG Regulations.\n(3) The form of the infringement withdrawal notice given under section 9.20 of the LG Act is that of\nForm 3 in Schedule 1 of the LG Regulations.\n————\nSchedule 1\nMEANING OF ‘NON-COLLECTABLE WASTE’\n[Clause 1.5(1)]\nnon-collectable waste means—\n(a) hot or burning material;\n(b) household hazardous waste, including paint, acids, alkalis, fire extinguishers, solvents,\npesticides, oils, gas cylinders, batteries, chemicals and heavy metals;\n(c) any other hazardous material, such as radioactive waste;\n(d) any explosive material, such as flares or ammunition;\n(e) electrical and electronic equipment;\n(f) hospital, medical, veterinary, laboratory or pathological substances;\n(g) construction or demolition waste;\n(h) sewage;\n(i) ‘controlled waste’ for the purposes of the Environmental Protection (Controlled Waste)\nRegulations 2004;\n(j) any object that is greater in length, width, or breadth than the corresponding\ndimension of the receptacle or that will not allow the lid of the receptacle to be tightly\nclosed;\n(k) waste that is or is likely to become offensive or a nuisance, or give off an offensive or\nnoxious odour, or to attract flies or cause fly breeding unless it is first wrapped in non-\nabsorbent or impervious material or placed in a sealed impervious and leak-proof\ncontainer; and\n(l) any other waste determined by the local government to be non-collectable waste.\n————\n\n28 April 2020 GOVERNMENT GAZETTE, WA 1107\nSchedule 2\nPRESCRIBED OFFENCES\nItem\nNo. Clause No. Description Modified\nPenalty\n1 2.1(2)(a) Failing to pay fee or charge $350\n2 2.1(2)(b) Failing to ensure lawful use of receptacle $350\n3 2.2(1) Depositing non-collectable waste in a receptacle $350\n4 2.2(2) Depositing waste in another receptacle without consent $350\n5 2.3(1) Exceeding weight capacity of a general waste receptacle $350\n6 2.3(2) and (3) Depositing unauthorised waste in a general waste\nreceptacle $350\n7 2.4(a) Depositing unauthorised waste in a recycling waste\nreceptacle $350\n8 2.4(b), (c) and\n(d)\nExceeding weight capacity of a recycling waste receptacle $250\n9 2.5(a) Depositing unauthorized waste in an organic waste\nreceptacle $350\n10 2.5(b) and (c) Exceeding weight capacity of an organic waste receptacle $350\n11 2.6(3) Failing to comply with a direction concerning placement or\nremoval of a receptacle $250\n12 2.7(a) Failing to keep a receptacle in the required location $250\n13 2.7(b) Failing to place a receptacle for collection in a lawful\nposition $250\n14 2.7(c) Failing to provide a sufficient number of receptacles $250\n15 2.7(d) Failing to notify of a lost, stolen, damaged or defective\nreceptacle $50\n16 2.9(a) Damaging, destroying or interfering with a receptacle $400\n17 2.9(b) Removing a receptacle from premises $400\n18 2.10(1) Failing to comply with a term or condition of verge waste\ncollection $400\n19 2.10(2) Removing waste for commercial purposes $350\n20 2.10(3) Disassembling or leaving in disarray waste deposited for\ncollection $250\n21 3.1(a) Failing to provide a sufficient number of receptacles $250\n22 3.1(b) Failing to keep a receptacle clean and in a good condition\nand repair $250\n23 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a\nreceptacle $350\n24 3.1(c)(ii) Failing to prevent the emission of offensive odours from a\nreceptacle $350\n25 3.1(c)(iii) Allowing a receptacle to cause a nuisance $350\n26 3.1(d) Failing to comply with a direction to clean, disinfect or\ndeodorise receptacle $300\n27 3.2(1) Unauthorised removal of waste from premises $250\n28 3.2(2) Removing waste from a receptacle without approval $250\n29 3.3 (a) Depositing waste without authority into a receptacle\nprovided for the use of the general public in a public place $300\n30 3.3(b) Removing waste without authority from a receptacle\nprovided for the use of the general public in a public place $300\n31 4.3(2) Failing to comply with a sign or direction $500\n32 4.3(4) Failing to comply with a direction to leave $500\n33 4.4(1) Disposing waste without payment of fee or charge $500\n34 4.5(1) Depositing waste contrary to sign or direction $500\n35 4.6(1)(a) Removing waste without authority in a waste facility $250\n36 4.6(1)(b) Depositing toxic, poisonous or hazardous waste at a waste\nfacility $500\n37 4.6(1)(c) Lighting a fire in a waste facility $300\n38 4.6(1)(d) Removing or interfering with any flora in a waste facility $300\n\n1108 GOVERNMENT GAZETTE, WA 28 April 2020\nItem\nNo. Clause No. Description Modified\nPenalty\n39 4.6(1)(e) Removing or interfering with any fauna without approval\nin a waste facility $300\n40 4.6(1)(f) Damaging, defacing or destroying any building, equipment,\nplant or property within a waste facility $500\n41 4.6(2) Acting in an abusive or threatening manner $300\n————\nConsented to—\nMIKE ROWE, Director General, Department of Water\nand Environmental Regulation.\nDated this 20th of December 2019.\n————\nThe common seal of the Town of Bassendean was hereunto affixed to this document by resolution of\nthe Council in the presence of—\nDated this 8th April 2020.\nRENEE JOY McLENNAN, Mayor.\nPETA MAREE MABBS, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"These instruments replace and reallocate parts of the Town of Bassendean Health Local Law 2001. The Animals, Environment, Nuisance and Pests Local Law expressly deletes specified Parts and Divisions of the 2001 Health Local Law (Animals cl.1.4). The Waste Local Law repeals part 4, division 2 of the 2001 Health Local Law (Waste cl.1.4), moving waste regulation into the new standalone waste instrument and re-enacting requirements (definitions, receptacle rules, collection and waste facility operation) under the WARR Act and LG Act framework."},"complexity_factors":["Multiple regulatory domains combined (animals, landcare, nuisances, pests, waste) increasing cross-cutting rules and compliance points","Extensive defined terms and technical requirements (distances, enclosure construction, receptacle capacities, chemical/biological treatments)","Wide discretionary powers granted to the local government and ‘authorised persons’ to issue notices, approve exemptions/permits and make determinations (Animals cl.1.5; Waste cl.1.6)","Layered enforcement regime: written notices, offences with high maximum fines, daily penalties, and schedules of modified penalties/infringement notices (Animals Pt 7; Waste Pt 5; Schedules)","Cross-references to other statutes and codes (Local Government Act, WARR Act, Code of Practice), requiring read-across","Multiple procedural routes for variation, exemption, objection and appeal invoking Part 9 of the Local Government Act (Animals cl.6.1; Waste cl.5.1)","Operational detail for service delivery (receptacle supply, collection times, verge collections, waste facility rules) creates administrative and behavioural complexity","Separate but parallel penalty schedules across two instruments with differing penalty amounts and processes (Schedules in both local laws)"],"plain_english_summary":"The two local laws set rules for the Town of Bassendean on animal keeping, land care, nuisances, pest control and waste services. They impose concrete duties (limits on animals, hygiene and enclosure standards, waste receptacle weights/placement, drainage and pestabatement) and give the local government and authorised persons power to issue notices, require remedial action and apply fines or infringement penalties. Owners and occupiers pay for receptacles and any fees or penalties (Waste cl.2.1(2); Animals cl.7.3) and must change storage, disposal and animal-keeping practices; approvals and exemptions are decided by the local government (Animals cl.1.5; Waste cl.1.6)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to be a consolidated remake of previous local laws (specifically repealing parts of the Town of Bassendean Health Local Law 2001). The scope aligns with standard local government regulatory functions: animal control, waste management, environmental health and nuisance abatement. While detailed, it does not appear to have expanded beyond the traditional 'health and amenity' remit of local laws."},"complexity_factors":["Two distinct local laws bundled together in one Gazette publication (Animals/Environment/Nuisance/Pests and Waste), each with separate Parts, Divisions and Schedules","Multiple interpretation sections (1.5, 2.1, 2.5, 3.1, 4.1, 5.1, 5.5, 5.11, 5.15, 5.17) with defined terms that vary between the two laws and between Divisions","Extensive cross-referencing to external legislation: Local Government Act 1995 (multiple sections), Waste Avoidance and Resource Recovery Act 2007, Planning and Development Act 2005, Environmental Protection (Controlled Waste) Regulations 2004, Animal Welfare (General) Regulations 2003, Associations Incorporation Act 2015","Conditional permissions and exemptions throughout (e.g., 2.6(2) allowing horses/sheep with approval; 2.7(3) allowing geese/turkeys with approval; 2.8 exemptions for bin placement; 4.4(3) exemptions for fee payment)","Nested obligations: duties imposed 'jointly and severally' on owners and occupiers (1.5(3) in first law, 1.5(2) in second law), creating layered liability","Detailed technical specifications (e.g., 75mm above ground for stable floors, 1.2mm mesh for mosquito screens, 200mm soil cover for buried matter, specific chlorine levels for pools)","Two separate Schedules of prescribed offences with different penalty structures ($250/$500 for first/subsequent offences in Animals law; varied amounts $50–$500 in Waste law)","Procedural requirements for notices, objections and appeals referencing external Parts of the LG Act (Part 9, Division 1) and Regulations"],"plain_english_summary":"The Town of Bassendean has two local laws: one regulating animals, nuisances and pests (rules on keeping animals, hygiene, weeds, noise, pests and odours) and one controlling waste services (bin contents/placement, verge collections and use of council waste facilities). \n\nThey apply to all residents, landowners and businesses in the town and give the council enforcement powers, fines and infringement notices to protect public health, safety and neighbourhood amenity."}},"importantCases":[],"_links":{"self":"/api/acts/animals-environment-nuisance-and-pests-local-law-2019","history":"/api/acts/animals-environment-nuisance-and-pests-local-law-2019/history","analysis":"/api/acts/animals-environment-nuisance-and-pests-local-law-2019/analysis","conflicts":"/api/acts/animals-environment-nuisance-and-pests-local-law-2019/conflicts","importantCases":"/api/acts/animals-environment-nuisance-and-pests-local-law-2019/important-cases","documents":"/api/acts/animals-environment-nuisance-and-pests-local-law-2019/documents"}}