{"id":"wa-local:wanneroo-city-of-animals-local-law-2021","name":"Animals Local Law 2021","slug":"animals-local-law-2021","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439009,"registerId":"wa-local:wanneroo-city-of-animals-local-law-2021-pdf-1775955193772","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Animals Local Law 2021","content":"4831\nISSN 2204-4264 (online)\nPERTH, WEDNESDAY, 27 OCTOBER 2021 No. 182 SPECIAL\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nLOCAL GOVERNMENT ACT 1995\n_________\nCITY OF WANNEROO\n———————————\nANIMALS LOCAL LAW 2021\nBEE KEEPING AMENDMENT\nLOCAL LAW 2021\n\n\n\n27 October 2021 GOVERNMENT GAZETTE, WA 4833\nLOCAL GOVERNMENT ACT 1995\nCITY OF WANNEROO\nAnimals Local Law 2021\nUnder the powers conferred by the\nLocal Government Act 1995 and under all other powers enabling it,\nthe Council of the City of Wanneroo resolved on 12 October 2021 to make the following local law.\nPart 1 PRELIMINARY\n1.1 Citation and application\nThis local law may be cited as the\nCity of Wanneroo Animals Local Law and shall apply throughout the\ndistrict.\n1.2 Commencement\nThis local law will come into operation 14 days after the day on which it is published in the\nGovernment\nGazette.\n1.3 Repeal and transitional provisions\n1) The\nCity of Wanneroo Animals Local Law 1999, published in the\nGovernment Gazette,\nNumber 163\ndated 27 August 1999, is repealed.\n2) An application for, or an application for the renewal of, a licence, permit or other authorisation made\nunder a repealed local law that has not been finally determined before the commencement day is (to\nthe extent that it is applicable) to be dealt with and determined as if it were an application under this\nlocal law.\n3) A licence, permit or other authorisation under a repealed local law that is in force before the\ncommencement day is to be regarded on and after that day as a licence under this local law and may\nbe dealt with accordingly.\n1.4 Interpretation\n(1) In this local law, unless the context specifies otherwise—\nAct means the\nLocal Government Act 1995;\nanimal includes any living animal, tame or wild, kept by a person;\napplicant means a person who applies for a Certificate of Registration;\nauthorised person means a person authorised under section 9.10 of the Act to perform any of the\nfunctions of an authorised person under this local law;\ncaravan park has the meaning given to it in the\nCaravan Parks and Camping Grounds Act 1995;\nCertificate of Registration means a certificate of registration to keep pigeons issued pursuant\nto this local law;\nCode of Practice means the Code of Practice for Pigeon Keeping and Racing in Western Australia\nas prescribed by the\nAnimal Welfare Act 2002 and\nAnimal Welfare (General) Regulations 2003,\nas amended from time to time;\ncommercial lot means a lot zoned commercial, mixed use or business or an equivalent commercial\nzone under the local planning scheme and/or structure plan, but does not include a lot occupied\nby a residential building;\ncow includes an ox, calf or bull;\ndistrict means the district of the City of Wanneroo and includes any area placed under the\njurisdiction of the City pursuant to any Act or Regulation;\ndwelling means a building or portion of a building being used, adapted or designed, or intended to\nbe used, for the purpose of human habitation;\nfood premises means a premises where food is stored, kept, prepared, manufactured, processed,\ncooked or served or otherwise dealt with for subsequent sale to the public;\ngrouped dwelling means a dwelling which is one of two or more dwellings on the same lot such\nthat no dwelling is placed wholly or partly vertically above another, except where special\nconditions of landscape or topography dictate otherwise, and includes a dwelling on a survey\nstrata plan with common property;\nhorse includes an ass, mule, donkey, Shetland pony, pony or miniature horse;\nindustrial lot means a lot situated within a general industrial or service industrial zone or an\nequivalent industrial zone under the local planning scheme and/or structure plan;\nland means land in the district and includes houses, buildings, works and structures, in or upon\nthe land;\nlarge animal includes a horse, cow, sheep, goat, pig, buffalo, deer, camel, llama, alpaca, emu,\nostrich, or any other animal so classified by the local government;\nlivestock means any horse, cattle, sheep, goat, pig, buffalo, deer, camel, llama and alpaca;\n\n4834 GOVERNMENT GAZETTE, WA 27 October 2021\nlocal government means the City of Wanneroo;\nlocal planning scheme means a local planning scheme made by the local government under the\nPlanning and Development Act 2005;\nlot has the meaning given to it in the\nPlanning and Development Act 2005;\nmultiple dwelling means a dwelling in a group of more than one dwelling on a lot where any part\nof the plot ratio area of a dwelling is vertically above any part of the plot ratio area of any other\nbut—\n(a) does not include a grouped dwelling; and\n(b) includes any dwellings above the ground floor in a mixed use development;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which constitutes a\nreasonable basis for legal liability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of 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 where used in relation to land means the person by whom or on whose behalf the land is\nactually occupied or, if there is no occupier, the person entitled to possession of the land;\nowner has the meaning given to it in the Act;\npenalty unit has the meaning given to it in the\nCity of Wanneroo Penalty Units Local Law 2015;\nperson means any person, company, public body, association or body of persons, corporate or\nunincorporated and includes an owner, occupier, licensee and permit holder, but does not\ninclude the local government;\npigeon includes homing pigeon and racing pigeon;\npoultry means any domestic fowl or chicken, bantam, duck, goose, guinea fowl, pheasant, turkey,\npeahen or peacock and other bird kept for the production of eggs or meat for domestic\nconsumption;\npound means a building or yard established by the local government for the impounding of animals\nfor the purposes of this local law;\npremises includes the following—\n(a) land (whether or not vacant);\n(b) the whole or part of a building or structure (whether of a permanent or temporary nature);\nand\n(c) a vehicle;\npublic place means—\n(a) a street;\n(b) any local government property; or\n(c) a place to which the public have access;\nreserve means any land—\n(a) which belongs to the local government;\n(b) of which the local government is the management body under the\nLand Administration\nAct 1997; or\n(c) which is an otherwise unvested facility within section 3.53 of the Act.\nresidential lot means any lot—\n(a) situated within a residential, special residential or smart growth community zone as\nclassified by the local planning scheme and/or structure plan; or\n(b) which is or will be predominantly used for residential purposes; but\ndoes not include a rural lot.\nrural lot means any lot situated within a general rural, special rural, rural resource, rural\ncommunity, landscape enhancement or an equivalent rural zone as classified by the local\nplanning scheme;\nSchedule means a schedule to this local law;\nstreet means any highway or thoroughfare which the public are entitled to use, and includes every\npart of the highway or thoroughfare, including the verge and other things including bridges\nand culverts appurtenant to it;\nthoroughfare has the meaning given to it in the Act;\nyoung bird means any pigeon under 24 days of age and, unless the contrary can be shown, a pigeon\nshall be deemed under this local law to be a young bird if it is without feathers on the flesh\nunder the wings.\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\n27 October 2021 GOVERNMENT GAZETTE, WA 4835\n(4) Where under this local law the local government is authorised to carry out actions or cause to be\nundertaken works as a consequence of the failure of any person to comply with the terms of a notice or\nother conduct, the right to enter land is at all times subject to the provisions of Part 3, Division 3,\nSubdivision 3 of the Act.\nPart 2 LIVESTOCK\n2.1 Livestock Not to Stray\nThe owner or person in charge of livestock shall not permit that livestock to stray or to be at large in a\nstreet, public place or upon private land without the consent of the land owner.\n2.2 Land to be Fenced\nThe owner or occupier of land on which livestock is kept shall cause the land or the portion of the land\n(as applicable) to be fenced in a manner capable of confining the livestock to where the livestock is kept.\nPart 3 ANIMALS\n3.1 General\nThe owner or occupier of premises where an animal is kept shall—\n(1) keep the premises free from excrement, filth, food waste and all other matter that is likely to\nbecome offensive or injurious to health or to attract rats, vermin or insects;\n(2) when so directed by an authorised person, clean and disinfect the premises; and\n(3) not keep animals, or permit animals to remain on any premises in such numbers that they are,\nor are likely to be in the opinion of the local government, a nuisance or injurious or dangerous\nto health.\n3.2 Keeping of Large Animals\nSubject to the provisions of the local planning scheme, an owner or occupier of premises shall not—\n(1) keep a large animal on any land less than 2,000m2 in area or in a commercial lot or industrial\nlot;\n(2) permit any large animal to be within 9 metres of any dwelling, food premises, shop, public\nbuilding, hospital or school; and\n(3) keep an ostrich or emu on any residential lot, commercial lot or industrial lot.\n3.3 Manure Receptacle\nAn owner or occupier of premises where a large animal is kept shall—\n(1) provide in a convenient position, an impervious receptacle with a tight fitting lid, for storage of\nmanure;\n(2) keep the lid of the receptacle closed except when manure is being deposited or removed;\n(3) cause the receptacle to be emptied at least once a week and more often as necessary to prevent\nit becoming offensive or a breeding place for flies or other insects; and\n(4) cause all manure produced on the premises to be collected daily and placed in the receptacle.\n3.4 Burial of Animals\n(1) The operators of a commercial poultry farm, licensed piggery or similar intensive animal farming\nshall not dispose of any dead animals or poultry on their premises without written approval from the\nlocal government or an authorised person.\n(2) Owners and occupiers of land in any rural area who occasionally need to bury an animal on their\nland, shall cover the carcass with lime before burial.\n3.5 Horse Exercise Area\n(1) Subject to section 3.6, the local government may make a determination to set aside a reserve or\nforeshore or portion of a reserve or foreshore as an area upon which a person may ride or drive a horse\nor into which a person may bring a horse.\n(2) A person shall not ride, drive or bring a horse onto any reserve or foreshore or any part thereof that\nhas not been set aside for those purposes.\n(3) A person shall not ride, drive, exercise or train a horse on any part of a reserve or foreshore set aside\nunder section 3.5(1) faster than walking pace or in a manner likely to create a danger or become a\nnuisance to the public or to any person.\n(4) Any person liable for the control of a horse who permits that horse to excrete in any public place or\non any land within the district without the consent of the occupier of that land commits an offence\nunless the excreta is removed forthwith and disposed of either—\n(a) on private land with the written consent of the occupier; or\n(b) in such other manner as the local government or an authorised person may approve in writing.\n(5) A person shall not bring a horse onto any reserve or foreshore or any part thereof that is set aside\nspecifically for the exercise of dogs.\n\n4836 GOVERNMENT GAZETTE, WA 27 October 2021\n3.6 Procedure for making a determination\n(1) The CEO or an authorised person is to give local public notice of the local government’s intention to\nmake a determination pursuant to section 3.5 of this local law.\n(2) The local public notice referred to in subclause (1) is to state that—\n(a) the local government intends to make a determination, the purpose and effect of which is\nsummarised in the notice;\n(b) a copy of the proposed determination may be inspected and obtained from the offices of the local\ngovernment; and\n(c) submissions in writing about the proposed determination may be lodged with the local\ngovernment within 21 days after the date of publication.\n(3) If no submissions are received in accordance with subclause (2)(c), the local government may\ndecide—\n(a) to give local public notice that the proposed determination has effect as a determination on and\nfrom the date of publication;\n(b) to amend the proposed determination, in which case subclause (5) is to apply; or\n(c) not to continue with the proposed determination.\n(4) If submissions are received in accordance with subclause (2)(c), the local government—\n(a) is to consider those submissions; and\n(b) may decide—\n(i) whether or not to amend the proposed determination; or\n(ii) whether or not to continue with the proposed determination.\n(5) If the local government decides to amend the proposed determination, it is to give local public\nnotice—\n(a) of the effect of the amendments; and\n(b) that the proposed determination has effect as a determination on and from the date of\npublication.\n(6) If the local government decides not to amend the proposed determination, it is to give local public\nnotice that the proposed determination has effect as a determination on and from the date of\npublication.\n(7) A proposed determination is to have effect as a determination on and from the date of publication of\nthe local public notice referred to in subclauses (3), (5) and (6).\n3.7 Discretion to erect sign\nThe local government may erect a sign on local government property to give notice of the effect of a\ndetermination, which applies to that property.\n3.8 Determination to be complied with\nA person must comply with a determination.\n3.9 Register of determinations\n(1) The local government is to keep a register of determinations made under clause 3.5, and of any\namendments to or revocations of determinations made under clause 3.10.\n(2) Sections 5.94 and 5.95 of the Act apply to the register referred to in subclause (1) and for that\npurpose the register is to be taken to be information within section 5.94(u)(i) of the Act.\n3.10 Amendment or revocation of a determination\n(1) The local government may amend or revoke a determination.\n(2) The provisions of clause 3.6 are to apply to an amendment of a determination as if the amendment\nwere a proposed determination.\n(3) If the local government revokes a determination it is to give local public notice of the revocation and\nthe determination is to cease to have effect on the date of publication.\nPart 4 POULTRY AND PIGEONS\n4.1 Limitation on Numbers of Poultry\n(1) Subject to the provisions of this Part 4, an owner or occupier of land must not keep more than the\nfollowing poultry (including restrictions on the type of poultry) without the written approval of the local\ngovernment—\nLot size Maximum number of poultry\nUp to 600m2 2 poultry (no ducks permitted)\n601m2 to 800m2 4 poultry (no ducks permitted)\n801m2 to 1,000m2 6 poultry (including a maximum of 2 ducks)\n1,001m2 to 5,000m2 12 poultry (including ducks)\n5,001m2 to 10,000m2 25 poultry (including ducks)\nOver 10,000m2 50 poultry (including ducks)\n\n27 October 2021 GOVERNMENT GAZETTE, WA 4837\n(2) An owner or occupier of a residential lot must not keep, or permit to be kept, a rooster, goose, turkey,\npeafowl or any other poultry that is likely to cause a nuisance.\n(3) An owner or occupier of land on which is situated a grouped dwelling or multiple dwelling (except\nfor land on which no more than two grouped dwellings are permitted) must not keep, or permit to be\nkept, any poultry.\n4.2 Conditions of Keeping Poultry\n(1) On lot sizes up to and including 1,000m2, the following conditions apply to the keeping of poultry—\n(a) Poultry must be kept in a securely fastened cage or in a shed within an enclosure, and if fitted,\nthe roof of the cage or shed shall have sufficient slope to shed storm water.\n(b) The cage, shed and enclosure must be of sound construction and must not be located within—\n(i) 1 metre of any lot boundary; and\n(ii) 5 metres of any neighbouring dwelling or street.\n(2) On lot sizes between 1,001m2 and 5,000m2, the following conditions apply to the keeping of poultry—\n(a) Poultry must be kept in a shed or in a shed within an enclosure, provided that the shed has a\nconcrete floor at least 50 millimetres thick.\n(b) The shed and enclosure must be of sound construction and must not be located within—\n(i) 1 metre of any lot boundary; and\n(ii) 9 metres of any neighbouring dwelling or street.\n(3) On lot sizes over 5,000m2, the following conditions apply to the keeping of poultry—\n(a) Poultry must be kept in a shed or in a shed within an enclosure, provided that the shed has a\nconcrete floor at least 50 millimetres thick.\n(b) The shed and enclosure must be of sound construction and must not be located within—\n(i) 1 metre of any lot boundary; and\n(ii) 15 metres of any neighbouring dwelling or street.\n(4) All structures or enclosures within which poultry are kept must be maintained in a clean condition\nand free from offensive odours.\n4.3 Limit on Number of Pigeons\n(1) In this section\nregistered pigeon fancier means a current financial member of a recognised\nincorporated pigeon or pigeon fancier body.\n(2) A person shall not keep pigeons on any land in the district without having first obtained a Certificate\nof Registration from an authorised person.\n(3) Subject to section 4.3(4), the maximum number of pigeons which may be kept on land pursuant to a\nCertificate of Registration shall not exceed 20, excluding young birds.\n(4) A person who produces satisfactory proof that they are a current financial member of a recognised\nincorporated racing pigeon body or are a registered pigeon fancier, may be permitted by an authorised\nperson to keep up to 150 pigeons, excluding young birds, on any residential lot or rural area subject to\nsection 4.3(6).\n(5) Pigeons shall not be kept within a caravan park or on any land on which is situated a grouped\ndwelling or multiple dwelling, except for land on which no more than two grouped dwellings are\npermitted.\n(6) Unless previously approved by the local government prior to this local law coming into effect, pigeons\nshall not be kept on any land which has an area of less than 600m2.\n4.4 Conditions of Keeping Pigeons\n(1) An application for a Certificate of Registration must—\n(a) be on the form approved by an authorised person from time to time;\n(b) include specifications, site and construction plans of proposed cages, enclosures or lofts;\n(c) be accompanied by the written signed consent of all owners and occupiers whose land is\nadjacent to or adjoins the land upon which the applicant intends to keep or is keeping pigeons;\nand\n(d) be accompanied by the registration fee set by the local government.\n(2) The holder of a Certificate of Registration shall—\n(a) keep all pigeons confined continuously in cages, enclosures and lofts approved by an authorised\nperson except that homing pigeons and racing pigeons registered in accordance with this local\nlaw may be released in accordance with this local law;\n(b) keep all cages, enclosures, lofts and their immediate surrounds clean and maintained in good\norder and condition at all times, with the minimum standard to be adhered to being that\nspecified in the Code of Practice; and\n(c) dispose of all loft litter by immediate burial or by being bagged and deposited in a household\nrubbish bin to ensure no nuisance occurs.\n\n4838 GOVERNMENT GAZETTE, WA 27 October 2021\n(3) At any time an authorised person may—\n(a) amend the conditions contained in or relating to a Certificate of Registration; and\n(b) where any complaint of a nuisance is received, vary the hours for release of pigeons and impose\nany other conditions deemed necessary to minimise any nuisance from the keeping of pigeons\nor any associated activity.\n(4) An authorised person may cancel or refuse to approve a Certificate of Registration if any one or more\nof the following occurs—\n(a) the land is not maintained in accordance with this local law;\n(b) the cages, enclosures or lofts have fallen into disrepair, are unclean or infested with vectors of\ndisease;\n(c) the pigeons are being released outside the times permitted in section 4.6;\n(d) a condition imposed in accordance with this local law or a Certificate of Registration has not\nbeen complied with in the time limits set out for doing so;\n(e) the applicant or holder of the Certificate of Registration, as the case may be, has two or more\nconvictions under this local law; or\n(f) non-payment of registration fees.\n4.5 Pigeon Cage, Enclosure or Loft Requirements\n(1) A cage, enclosure or loft used to house pigeons shall aesthetically blend with its surrounds, be\nconstructed of new materials and shall be constructed to the following minimum requirements—\n(a) the base floor of any loft shall be of 50mm thick concrete;\n(b) in the case of an elevated loft the suspended floor shall be constructed and maintained in\naccordance with the requirements in the Code of Practice;\n(c) cladding of a loft, including the roof, shall be of smooth fibro cement sheeting, sheet metal or\nother smooth material;\n(d) except as provided in section 4.5(1)(e), a loft height shall not exceed 2.4 metres at any point\nwhen measured from ground level;\n(e) where a loft has a gable roof, the loft height shall not exceed 3 metres at any point when\nmeasured from ground level; and\n(f) otherwise comply with the Code of Practice in relation to construction requirements.\n(2) A cage, enclosure or loft shall not be located within—\n(a) 1 metre of the lot boundary with any land adjacent to or adjoining the land used to house the\npigeons; or\n(b) 9 metres of any street, dwelling, food premises, shop, public building, school, hospital, hall,\nfactory or dairy.\n4.6 Exercise of Pigeons\n(1) A person who is registered to keep homing pigeons or racing pigeons may only release such homing\npigeons or racing pigeons for exercise between the hours set out in the Code of Practice.\n(2) A person shall not release more than 60 registered homing pigeons or racing pigeons for exercise or\ntraining at any one time.\nPart 5 OBJECTIONS AND REVIEW\n5.1 Objection and review rights\nDivision 1 of Part 9 of the Act and regulation 33 of the\nLocal Government (Functions and General)\nRegulations 1996 apply to a decision under this local law in respect of the grant, renewal, transfer,\namendment, suspension or cancellation of a Certificate of Registration.\nPart 6 ENFORCEMENT\nDivision 1—Notices\n6.1 Notice requirements\nA notice under this Division must—\n(1) be in writing;\n(2) be given to a person who has failed to comply with a provision of this local law; and\n(3) specify the reason for giving the notice, the work or action that is required to be undertaken and\nthe time within which it is to be undertaken.\n6.2 Local government may undertake requirements of notice\nThis local law is subject to section 3.25, 3.27 and Schedule 3.1 and 3.2 of the\nLocal Government Act 1995\nand any power of entry exercised by the local government under this local law is subject to Part 3,\nDivision 3, Subdivision 3 of the Act.\n6.3 Offence to fail to comply with notice\nA person who fails to comply with a notice given to them under this local law commits an offence.\n\n27 October 2021 GOVERNMENT GAZETTE, WA 4839\nDivision 2—Offences and penalties\n6.4 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 that person is prohibited from doing, commits an offence.\n(2) A person who commits an offence under this local law is liable, upon conviction, to a penalty not\nexceeding $5,000 and where the offence is of a continuing nature, to an additional daily penalty not\nexceeding $500 in respect of each day or part of a day during which the offence has continued.\n6.5 Prescribed offences\n(1) An offence against a section of this local law specified in the Schedule is a prescribed offence for the\npurposes of section 9.16 of the Act.\n(2) The number of modified penalty units for a prescribed offence is that specified in the fourth column\nof the Schedule.\n(3) If this local law expresses a modified penalty as a number of penalty units, the monetary value of\nthe modified penalty is the number of dollars obtained by multiplying the value of the penalty unit by\nthe number of penalty units.\n6.6 Form of Infringement Notices\n(1) The form of the notice referred to in section 9.16 of the Act is to be in the form of Form 2 in Schedule\n1 of the\nLocal Government (Functions and General) Regulations 1996.\n(2) The form of the infringement withdrawal notice referred to in section 9.20 of the Act is to be in the\nform of Form 3 in Schedule 1 of the\nLocal Government (Functions and General) Regulations 1996.\nSCHEDULE—PRESCRIBED OFFENCES\nItem\nNo.\nSection\nNo.\nNature of Offence Modified\nPenalty\nUnits\nPart 2—Livestock\n1 2.1 Permitting livestock to stray or be at large in a street, public\nplace or on private land without consent\n20\n2 2.2 Failing to keep land fenced in a manner capable of confining\nlivestock\n20\nPart 3—Animals\n3 3.1 (1) Failing to keep premises free from excrement, filth, food waste\nand all other matter that is likely to become offensive or\ninjurious to health or to attract rats, vermin or insects\n20\n4 3.1 (2) Failing to clean and disinfect premises where an animal is kept\nwhen so directed by an authorised person\n20\n5 3.1 (3) Keeping or permitting animals to remain on premises in such\nnumbers that they are, or are likely to be in the opinion of the\nlocal government, a nuisance or injurious or dangerous to\nhealth\n15\n6 3.2 (1) Keeping a large animal on any land less than 2,000m2 in area\nor on a commercial lot or industrial lot\n15\n7 3.2 (2) Permitting a large animal to be within 9 metres of any\ndwelling, food premises, shop, public building, hospital or\nschool\n15\n8 3.2 (3) Keeping an ostrich or emu on a residential lot, commercial lot\nor industrial lot\n15\n9 3.3 (1), (2) Failing to provide an impervious receptacle with a tight fitting\nlid, for storage of manure\n10\n10 3.3 (3) Failing to empty manure receptacle at least once a week to\nprevent it becoming offensive or a breeding place for flies or\nother insects\n10\n11 3.3 (4) Failing to cause all manure produced on the premises to be\ncollected daily and placed in the receptacle\n15\n12 3.4 (1) Disposing of dead animals or poultry without written approval\nfrom the local government or an authorised person\n20\n13 3.4 (2) Failing to cover animal carcass with lime before burial 10\n14 3.5 (2) Riding, driving or bringing a horse onto a reserve or foreshore\nnot set aside for those purposes\n10\n\n4840 GOVERNMENT GAZETTE, WA 27 October 2021\n15 3.5 (3) Riding, driving, exercising or training a horse on a reserve or\nforeshore faster than walking pace or in a manner likely to\ncreate a danger or become a nuisance\n10\n16 3.5 (4) Permitting a horse to excrete in a public place or on any other\nland and failing to remove excreta forthwith and disposing of\nit in an approved manner\n10\n17 3.5 (5) Bringing a horse onto a reserve or foreshore set aside for the\nexercise of dogs\n10\nPart 4—Poultry and Pigeons\n19 4.1 (1) Keeping poultry in excess of the numbers (and other\nrestrictions) set out in section 4.1(1) without the written\napproval of the local government\n15\n20 4.1 (2) Keeping or permitting to be kept on a residential lot, a rooster,\ngoose, turkey, peafowl or other poultry that is likely to cause a\nnuisance\n20\n21 4.1 (3) Keeping or permitting to be kept, any poultry on land on which\nis situated a grouped dwelling or multiple dwelling (except for\nland on which no more than two grouped dwellings are\npermitted)\n15\n22 4.2 (1), (2)\nand (3)\nFailing to meet the conditions for keeping poultry 15\n23 4.2 (4) Failing to maintain structures or enclosures within which\npoultry are kept in a clean condition and free from offensive\nodours\n20\n24 4.3 (1) Keeping pigeons without first obtaining a Certificate of\nRegistration\n20\n25 4.3 (2) Keeping more than 20 pigeons under a Certificate of\nRegistration\n15\n26 4.3 (3) Keeping more than the maximum number of pigeons approved\nby an authorised person\n15\n27 4.3 (5) Keeping pigeons within a caravan park or on land on which is\nsituated a grouped dwelling or multiple dwelling (except for\nland on which no more than two grouped dwellings are\npermitted)\n15\n28 4.3 (6) Keeping pigeons on land less than 600m2 in area 15\n29 4.4 (2) (a) Failing to keep pigeons confined continuously in cages,\nenclosures and lofts approved by an authorised person\n15\n30 4.4 (2) (b) Failing to keep cages, enclosures, lofts and their immediate\nsurrounds clean and maintained in good order and condition to\nthe minimum standards specified in the Code of Practice\n15\n31 4.4 (2) (c) Failing to dispose of loft litter in an approved manner to ensure\nno nuisance occurs\n20\n32 4.5 (1) Cages, enclosures or lofts used to house pigeons do not meet\nthe minimum requirements\n10\n33 4.5 (2) Constructing or permitting a cage, enclosure or loft to be\nlocated within 1 metre from lot boundary of occupied land or 9\nmetres from any street, dwelling, food premises, shop, public\nbuilding, school, hospital, hall, factory or dairy\n15\n34 4.6 (1) Releasing registered pigeons outside hours set out in the\nCode of Practice\n15\n35 4.6 (2) Releasing more than 60 registered pigeons for exercise or\ntraining at any one time\n15\nDated 19th October 2021.\nThe Common Seal of the City of Wanneroo was affixed by authority of a resolution of the Council in the\npresence of—\nTRACEY GARDNER ROBERTS, Mayor.\nDANIEL JOHN SIMMS, Chief Executive Officer.\n———————————\n\n27 October 2021 GOVERNMENT GAZETTE, WA 4841\nLOCAL GOVERNMENT ACT 1995\nCITY OF WANNEROO\nBee Keeping Amendment Local Law 2021\nUnder the powers conferred by the\nLocal Government Act 1995 and all other powers enabling it, the\nCouncil of the City of Wanneroo resolved on 12 October 2021 to make the following local law.\n1. Citation\nThis local law is cited as the\nCity of Wanneroo Bee Keeping Amendment Local Law 2021.\n2. Commencement\nThis local law comes into operation 14 days after its publication in the\nGovernment Gazette.\n3. Bee Keeping Local Law 2016 amended\nThis local law amends the\nCity of Wanneroo Bee Keeping Local Law 2016 as published in the\nGovernment Gazette on 13 January 2017.\n4. Clause 2.1(2) amended\nIn clause 2.1(2) delete “Subclause (1)” and replace with “Subclause (1)(b)”\n.\nDated 19th October 2021.\nThe Common Seal of the City of Wanneroo was affixed by authority of a resolution of the Council in the\npresence of—\nTRACEY GARDNER ROBERTS, Mayor.\nDANIEL JOHN SIMMS, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The local law expressly repeals and replaces the City of Wanneroo Animals Local Law 1999 (s1.3(1)) and treats pending applications and existing licences as carried over under the new regime (s1.3(2)-(3)). The 2021 law updates definitions, adds specific numeric, construction and siting controls for poultry and pigeons (Parts 3–4), creates a formal Certificate of Registration process for pigeons with neighbour-consent requirements (s4.4(1)), extends delegated enforcement powers to authorised persons (s4.4(3)-(4)), and modernises enforcement and penalty scheduling (Part 6 and Schedule). Separately it makes a limited technical amendment to the City’s Bee Keeping Local Law 2016 (Bee Keeping Amendment Local Law 2021, clause 4)."},"complexity_factors":["Repeal and transition mechanics: full repeal of the 1999 Animals Local Law with transitional savings for pending applications and existing licences (s1.3(1)-(3)) creates continuity issues for outstanding approvals and enforcement.","Layered numerical limits and conditional caps for poultry by lot size (multiple bands and species restrictions) increase compliance monitoring complexity (s4.1(1)-(3)).","Pigeon registration scheme requires application forms, site/construction plans, signed written consent of all adjacent owners/occupiers and payment of a fee (s4.4(1)(a)-(d)) — high documentation and neighbour-notification burden.","Significant delegated discretion to ‘authorised person’ to amend conditions, vary release hours, refuse or cancel Certificates of Registration and set maximum pigeon numbers (s4.4(3)-(4); definition of authorised person in s1.4(1)), concentrating decision-making with enforcement officers.","External norms incorporated by reference: the Code of Practice for Pigeon Keeping and Racing governs minimum standards, loft construction and release times (defined under 'Code of Practice' and cited in s4.4(2)(b), s4.5(1)(b), s4.6(1)), requiring keepers to track amendments external to the local law.","Detailed technical construction and siting requirements for poultry sheds and pigeon lofts (concrete slab specifications, height limits, setbacks) create interface with building standards and planning scheme rules (s4.2; s4.5(1)-(2)).","Formal public-notice and submission process for setting aside reserves for horse exercise imposes administrative steps and potential delays (s3.6(1)-(7)); local signage and register obligations also apply (s3.7; s3.9).","Comprehensive enforcement architecture: written notices (s6.1), power for local government to carry out notice work (s6.2), general penalties up to $5,000 with daily continuing penalties (s6.4) and an extensive prescribed-offences schedule with modified penalty units (s6.5 and Schedule) — increases regulatory and litigation risk.","Interplay with planning definitions and land‑use categories (residential lot, commercial lot, industrial lot, grouped/multiple dwellings) requires cross-referencing to the local planning scheme and may create edge cases (definitions in s1.4).","Small textual amendment to Bee Keeping Local Law 2016 (replacement of a subclause reference) is legally simple but demonstrates parallel amendment processes (Bee Keeping Amendment Local Law 2021, clause 4)."],"plain_english_summary":"This instrument replaces the City of Wanneroo’s 1999 animals bylaw with a new Animals Local Law 2021 that governs livestock, large animals, horses, poultry and pigeons across the district. It sets numeric limits, construction and siting standards, registration and neighbour-consent requirements, public‑notice procedures for horse areas, delegated powers to authorised officers and a schedule of penalties. It also makes a narrow amendment to the City’s Bee Keeping Local Law 2016. It affects property owners, occupiers, animal keepers, pigeon fanciers and commercial animal businesses through compliance, fees and potential fines."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent. The main Animals Local Law 2021 is a straightforward replacement/update of the 1999 version, maintaining the same general scope of regulating animal keeping in urban and rural areas. The Bee Keeping Amendment is a minor technical correction to existing legislation, not an expansion of scope."},"complexity_factors":["27 defined terms in the interpretation section (section 1.4), including cross-references to other Acts like the Local Government Act 1995 and Planning and Development Act 2005","Nested conditional logic in Part 4 (Poultry and Pigeons) with different rules applying based on lot size thresholds (600m², 800m², 1,000m², 5,000m², 10,000m²)","Multiple cross-references to external documents: the Code of Practice for Pigeon Keeping, the Animal Welfare Act 2002, and various regulations","Dual structure: contains both the main Animals Local Law 2021 and a separate Bee Keeping Amendment Local Law 2021","Detailed procedural requirements for council determinations (Part 3, Division 3) including public notice periods, submission timeframes (21 days), and decision-making pathways","35 specific prescribed offences listed in the Schedule with varying penalty units (10-20 units)","Joint and several liability provisions (section 1.4(3)) creating shared responsibility between owners and occupiers","Transitional provisions (section 1.3) dealing with existing permits and applications under the repealed 1999 law"],"plain_english_summary":"This City of Wanneroo local law updates the 1999 animal-keeping rules (with a small technical bee-keeping fix) and governs how residents may keep animals on their property. It sets minimum site, fencing, hygiene and nuisance standards, limits numbers/types in residential areas, and lets the council inspect, permit, fine (up to $5,000) or cancel approvals. The aim is to allow animal keeping while protecting neighbours’ health, safety and amenity."}},"importantCases":[],"_links":{"self":"/api/acts/animals-local-law-2021","history":"/api/acts/animals-local-law-2021/history","analysis":"/api/acts/animals-local-law-2021/analysis","conflicts":"/api/acts/animals-local-law-2021/conflicts","importantCases":"/api/acts/animals-local-law-2021/important-cases","documents":"/api/acts/animals-local-law-2021/documents"}}