{"id":"wa-local:albany-city-of-city-of-albany-animals-local-law-2020","name":"City of Albany Animals Local Law 2020","slug":"city-of-albany-animals-local-law-2020","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436686,"registerId":"wa-local:albany-city-of-city-of-albany-animals-local-law-2020-pdf-1775953801892","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"City of Albany Animals Local Law 2020","content":"!2020147GG!\n2815\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, MONDAY, 7 SEPTEMBER 2020 No. 147 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nCITY OF ALBANY\n———————————\nCAT ACT 2011\nLOCAL GOVERNMENT ACT 1995\nANIMALS LOCAL LAW 2020\n———————————\nBUSH FIRES ACT 1954\nLOCAL GOVERNMENT ACT 1995\nBUSH FIRE BRIGADES\nLOCAL LAW 2020\n\n\n\n7 September 2020 GOVERNMENT GAZETTE, WA 2817\nCAT ACT 2011\nLOCAL GOVERNMENT ACT 1995\nCITY OF ALBANY\nANIMALS LOCAL LAW 2020\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Title\n1.2 Commencement\n1.3 Repeal\n1.4 Application\n1.5 Interpretation\nPART 2—ANIMALS AND LIVESTOCK\n2.1 Leaving Large Animal or Dog in Public Place or on Local Government Property\n2.2 Prohibitions relating to Large Animal\n2.3 Livestock Not to Stray\n2.4 Property to be Fenced\nPART 3—HORSES AND LARGE ANIMALS\n3.1 Horse Exercise areas\n3.2 Fouling of Streets and Public Places\n3.3 Keeping a Miniature Horse\n3.4 Keeping of Large Animals\n3.5 Keeping of Pigs\n3.6 Stables\n3.7 Stable hand Room\n3.8 Manure Receptacle\nPART 4—PIGEONS\n4.1 Certificate of Registration\n4.2 Application for Certificate of Registration\n4.3 Adjoining Owners to be consulted\n4.4 Approval Limitations\n4.5 Duties of Certificate Holder\n4.6 Limit on the Number of Pigeons\n4.7 Cage, Enclosure or Loft requirements\n4.8 Exercise of Pigeons\n4.9 Alteration, Cancellation or Refusal of Certificate of Registration\nPART 5—KEEPING OF BEES\n5.1 Limitation on numbers and location of Hives\n5.2 Restrictions on keeping Bees in Hives\n5.3 Bees which cause a nuisance not to be kept\nPART 6—SMALL ANIMALS\n6.1 General\n6.2 Keeping of Small Animals\n6.3 Cleanliness\n6.4 Disposal of Dead Animals\n6.5 Burial of Animals\n\n2818 GOVERNMENT GAZETTE, WA 7 September 2020\nPART 7—POULTRY, PIGEONS AND MISCELLANEOUS BIRDS\n7.1 Limitation on Numbers of Poultry and Pigeons\n7.2 Conditions of Keeping Poultry\n7.3 Conditions of Keeping Pigeons\n7.4 Conditions of Keeping a Miscellaneous Bird\n7.5 Removal of Non-Conforming Structure or Enclosure\n7.6 Restrictions on Pigeons Nesting, Perching or Habitually Feeding\n7.7 Restrictions on Feeding of Birds\n7.8 Cleanliness of Poultry, Pigeon and Miscellaneous Bird Structures\n7.9 Nuisance caused by Poultry, Pigeons and Miscellaneous Birds\nPART 8—CATS\n8.1 Interpretation\n8.2 Keeping of Cats for which a licence is required\n8.3 Cleanliness\n8.4 Application for licence\n8.5 Refusal to determine application\n8.6 Factors relevant to determination of application\n8.7 Decision on application\n8.8 Conditions\n8.9 Duration of licence\n8.10 Revocation\n8.11 Licence not transferable\n8.12 Licence to be kept at the premises and available for view\nPART 9—MISCELLANEOUS\n9.1 Fees and Charges\n9.2 False or Misleading Statement\n9.3 Local government may undertake requirements of notice\n9.4 Limit on Liability\n9.5 Appeal and review rights\nPART 10—ENFORCEMENT\n10.1 Offences and Penalties\n10.2 Modified Penalties and Offence Description\n10.3 Form of Notices\nPART 11—DETERMINATIONS IN RESPECT OF HORSE EXERCISE AREAS\n11.1 Determinations as to use of local government property\n11.2 Procedure for making a determination\n11.3 Discretion to erect sign\n11.4 Determination to be complied with\n11.5 Register of determinations\n11.6 Amendment or revocation of a determination\nSCHEDULE 1—PRESCRIBED OFFENCES\nSCHEDULE 2—HORSE EXERCISE AREA DETERMINATIONS\nSCHEDULE 3—ADDITIONAL CONDITIONS APPLICABLE TO KEEPING OF\nCAT LICENCE\n\n7 September 2020 GOVERNMENT GAZETTE, WA 2819\nCAT ACT 2011\nLOCAL GOVERNMENT ACT 1995\nCITY OF ALBANY\nANIMALS LOCAL LAW 2020\nUnder the powers conferred by the Cat Act 2011, the Local Government Act 1995, and under all other\npowers enabling it, the Council of the City of Albany resolved on 28 July 2020 to make the following\nlocal law.\nPART 1—PRELIMINARY\n1.1 Title\nThis local law may be cited as the City of Albany Animals Local Law 2020.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n1.3 Repeal\nThe City of Albany Animals Local Law 2001 published in the Government Gazette on 15 January 2002\nis repealed.\n1.4 Application\nThis local law applies throughout the district.\n1.5 Interpretation\n(1) In this local law unless the context otherwise requires—\nAct means the Local Government Act 1995;\nanimal includes cats, dogs, rabbits and ferrets or the like;\napplication means the completed form lodged by an applicant as required by this local law;\napplicant means a person who has lodged an application for an approval, certificate or licence\nrequired for an activity by this local law;\napproved fees means the fees and charges determined by Council from time to time for putting\ninto effect the provisions of this local law;\nAuthorised Person means a person appointed by the local government under section 9.10 of the\nAct, to perform any of the functions of an Authorised Person under this local law and includes\nany Environmental Health Officer employed by the local government, and any member of the\nWestern Australian Police Force;\nbee means a bee of the species Apis mellifera and/or an insect belonging to any of the various\nhymenopterous insects of the super family Apoidea and commonly known as a bee;\nbeehive means an enclosed man made structure where bees of the species Apis mellifera live and\nraise their young and/or a moveable or fixed structure, container or object in which a colony of\nbees is kept;\nbeekeeper has the meaning given in Regulation 3 of the Biosecurity and Agriculture Management\nRegulations 2013;\nbird includes galahs, parrots, budgerigars, finches, pigeons and doves or the like;\ncaravan park means an area of land on which caravans or camps are situated for habitation;\nCat Act means the Cat Act 2011;\ncatteries are premises registered for the breeding or caring of cats;\ncertificate of registration means a certificate of registration to keep pigeons issued pursuant to\nthis local law;\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;\n\n2820 GOVERNMENT GAZETTE, WA 7 September 2020\nCouncil means the council of the City of Albany;\ncow includes an ox, calf or bull;\ndistrict means the district of the City of Albany and includes any area placed under the\njurisdiction of the City pursuant to any Act or Regulation;\ndetermination means a determination made under Part 11;\nDog Act means the Dog Act 1976;\nEnvironmental Health Officer means an Environmental Health Officer appointed by the City\nof Albany under the Public Health Act 2016 and includes an acting or Assistant\nEnvironmental Health Officer;\nfood premise 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;\nHealth Act means the Health Act 1911;\nhorse includes an ass, mule, donkey, Shetland pony, pony or miniature horse;\nkennel establishment means the kennel, yards and premises which is used to house a dog for\ncommercial purposes, gain or reward;\nland means land in the district and includes houses, buildings, works and structures, in or upon\nthe land;\nlarge animal includes a sheep, cow, goat, horse, deer, alpaca, pig (excluding a miniature pig) or\nany other animal so classified by the local government;\nlicence means a licence issued by the local government;\nlicence holder means a person who holds a valid licence;\nlivestock means any horse, cattle, sheep, goat, swine, buffalo, deer, camel, llama and alpaca;\nlocal government means the City of Albany;\nlocal planning scheme means any local planning scheme for the time being applying zoning or\nclassification to land within the district;\nlot has the same meaning given to it in the Planning and Development Act 2005;\nminiature horse means a horse that does not exceed 870mm in height as an adult and is\nclassified as a miniature by the Miniature Horse Association of Australia;\nminiature pig means a pig that does not exceed 650mm in height and does not exceed\n55 kilograms in weight as an adult;\nmiscellaneous bird includes all birds other than poultry and pigeons;\nmultiple dwelling means a dwelling in a group of more than one where any part of a dwelling is\nvertically above part of any other;\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 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\nis actually occupied or, if there is no occupier, the person entitled to possession of the land;\npermit means a permit issued under this local law;\npermit holder means a person who holds a valid permit;\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 means birds of the species columba livia and includes homing pigeon, racing pigeon and\ndove;\npoultry means any domestic fowl or chicken, bantam, duck, goose, guinea fowl, pheasant, turkey,\npeahen or peacock and other birds kept for the production of eggs or meat for domestic\nconsumption;\npremises include 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\nnature); and\n(c) vehicle;\npublic place means any thoroughfare or place which the public are allowed to use, whether the\nthoroughfare or place is or is not on private property and includes park lands, squares,\nreserves, beaches, and other lands set apart for the use and enjoyment of the public, including\nall lands which belong to or which are vested in, or are under the control or management of,\nthe local government;\n\n7 September 2020 GOVERNMENT GAZETTE, WA 2821\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 Land Administration\nAct 1997; or\n(c) which is an otherwise unvested facility within section 3.53 of the Act.\nRSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western\nAustralia;\nresidential area means any land situated within a residential zone as classified by the local\nplanning scheme and includes land predominantly used for residential purposes;\nrural area means any land situated within a rural zone as classified by the local planning\nscheme;\nSchedule means a schedule to this local law;\nsmall animal means small animals kept as pets such as rabbits, ferrets, guinea pigs, rats, mice\nand any other domestic rodents;\nstable hand room means a room or rooms used for occasional overnight occupation to facilitate\nhusbandry to pregnant or sick animals;\nstreet means any highway or thoroughfare which the public are entitled to use, and includes\nevery part of the highway or thoroughfare, including the verge and other things including\nbridges and culverts appurtenant to it;\nthoroughfare has the meaning given to it in the Act;\ntownsite means the townsite of Cuthbert, Elleker, Kalgan, Manypeaks, Redmond, South Stirling,\nTorbay, Wellstead and Youngs Siding which are—\n(a) constituted under section 26(2) of the Land Administration Act 1997; or\n(b) referred to in clause 37 of Schedule 9.3 of the Act.\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels,\ntracks or otherwise; and\n(b) an animal being ridden or driven, but excludes—\n(i) a wheel-chair or any device designed for use by physically impaired persons;\n(ii) a pram, a stroller or similar device; and\n(iii) a boat;\nvermin means rats, mice, flies, fleas, mites, cockroaches and any other animal, whether\nvertebrate or invertebrate, which is known to be a vector of disease or likely to cause damage\nto human food, habitation or possessions;\nwritten law has the same meaning given to it by section 5 of the Interpretation Act 1984 and\nincludes this local law;\nyoung birds mean any pigeons under 24 days of age and, unless the contrary can be shown, a\npigeon shall be deemed under this local law to be a young bird if it is without feathers on the\nflesh under the wings; and\nzoned as residential means an area zoned under the local planning scheme where single-family\nor multi-family dwellings are located.\n(2) Any other expression used in this local law and not defined herein shall have the meaning given to\nit in the Cat Act 2011, Local Government Act 1995 or the Health (Miscellaneous Provisions) Act 1911\nor the Health Act 1911 unless the context requires otherwise.\n(3) Where under this local law the local government is authorised to carry out actions or cause works\nto be undertaken 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 Local Government Act 1995.\n(4) This local law is subject to any written law and law of the Commonwealth about assistance\nanimals as defined in the Disability Discrimination Act 1992 (Cth).\nPART 2—ANIMALS AND LIVESTOCK\n2.1 Leaving Large Animal or Dog in Public Place or on Local Government Property\n(1) A person must not leave a large animal or a dog in a public place or on local government property\nso that it obstructs the use of any part of that public place or local government property, unless that\nperson has first obtained a permit or is authorised to do so under a written law.\n(2) A person contravenes subclause (1) where the large animal or dog is secured or tethered for a\nperiod exceeding 1 hour.\n2.2 Prohibitions relating to Large Animal\n(1) In subclause (2), owner in relation to a large animal includes—\n(a) an owner of it;\n(b) a person over the age of 16 years in possession of it;\n(c) a person over the age of 16 years who has control of it; and\n(d) a person over the age of 16 years who ordinarily occupies the premises where the animal is\npermitted to stay.\n\n2822 GOVERNMENT GAZETTE, WA 7 September 2020\n(2) An owner of a large animal must not—\n(a) subject to subclause (2)(e), allow the large animal to enter or remain for any time on any\nthoroughfare except for the use of the thoroughfare as a thoroughfare and unless it is led,\nridden or driven;\n(b) allow a large animal which has a contagious or infectious disease to be led, ridden or driven\nin a public place;\n(c) train or race the large animal on a thoroughfare;\n(d) ride, drive, lead or bring a large animal onto any reserve, park or foreshore, unless that\nperson does so under a permit or under the authority of a written law; or\n(e) ride, drive or lead any large animal onto, or over any lawn or garden planted or maintained in\nany thoroughfare, unless that person does so under a permit or under the authority of a\nwritten law.\n2.3 Livestock Not to Stray\nThe owner or person in charge of livestock shall not permit that livestock to stray or be at large in a\nstreet, public place or upon private property without the consent of the property owner.\n2.4 Property to be Fenced\n(1) The owner or occupier of a property on which livestock or a dog is kept shall cause the property or\na portion of the property to be fenced in a manner capable of confining the livestock or dog, to that\nportion where the livestock or dog is kept.\n(2) The minimum fencing requirements to confine livestock in a rural or rural land zoned residential,\nshall be fence of posts and wire construction.\nPART 3—HORSES AND LARGE ANIMALS\n3.1 Horse Exercise areas\n(1) Council may set aside a reserve or foreshore or portion of a reserve or foreshore as an area upon\nwhich a person may ride or drive a horse or into which a person may bring a horse.\n(2) A person shall not ride, drive or bring a horse onto a reserve or foreshore or any part thereof that\nhas not been set aside for that purpose.\n(3) A person shall not ride, drive, exercise or train a horse on any part of a reserve or foreshore set\naside under subclause (1) faster than walking pace or in a manner so as to create a danger or become\na nuisance to the public, to any person or to any animal.\n(4) Subclause (3) does not apply to—\n(a) The training of horses between dawn and 9.00am; and\n(b) The wading or swimming of horses between—\n(i) 9.00am and 11.00am; and\n(ii) 1.00pm and 3.00pm.\n(5) A person shall not ride, drive or bring a horse onto a reserve or foreshore or any part thereof that\nis set aside specifically for the exercise of dogs.\n(6) A person may exercise a dog on an area of reserve or foreshore set aside as a horse exercise area\nprovided the dog remains under full control on a leash at all times.\n(7) Horse Exercise Areas are listed at Schedule 2.\n3.2 Fouling of Streets and Public Places\nAny person liable for the control of a horse who permits that horse to excrete on any public place or on\nany land within the district without the consent of the occupier of that land commits an offence unless\nthe excreta is removed forthwith and disposed of either on private land with the written consent of\nthe occupier or in such a manner as Council or an Authorised Person may approve.\n3.3 Keeping a Miniature Horse\n(1) An owner or occupier of a premises may keep a sterilised miniature horse on land of not less than\n1000m2 in area, provided it is registered with the local government and the approved annual\nregistration fee is paid.\n(2) An owner or occupier of premises must—\n(a) not keep more than one miniature horse on land zoned residential, without the written\napproval of the local government; and\n(b) not permit a miniature horse within 10m of any house.\n(3) The local government may prohibit the keeping of a miniature horse on any land or may state the\nconditions under which a miniature horse may be kept.\n3.4 Keeping of Large Animals\nAn owner or occupier of a premises shall—\n(a) Not keep a large animal on any land less than 2020m2 in area;\n(b) Not keep any large animal within 9 metres of a habitable room, shop, church or any food\npremises.\n\n7 September 2020 GOVERNMENT GAZETTE, WA 2823\n3.5 Keeping of Pigs\n(1) Except for a miniature pig, no lot shall keep a pig or pigs unless every portion of the area where\nthe pig or pigs are kept is—\n(a) greater than 200 metres from the lot boundary of the lot upon which the pig or pigs are to be\nsituated; and\n(b) greater than 100 metres from any dwelling house, dairy or food premises.\n(2) The local government may prohibit the keeping of a miniature pig on any land or state the\nconditions under which they may be kept.\n(3) A person may keep one miniature pig in any residential area provided it is registered with the\nlocal government and the approved annual registration fee is paid.\n(4) The occupier of any premises where a miniature pig is kept must—\n(a) only keep a sterilised animal and retain written proof of its sterilisation;\n(b) confine the animal on the property at all times;\n(c) ensure the animal does not cause a nuisance to any neighbour regarding noise, dust or odour;\nand\n(d) maintain documentary evidence that the animal’s veterinary treatment against roundworm\nand tapeworm is current.\n3.6 Stables\n(1) The owner or occupier of any land where a stable is erected shall—\n(a) Not permit a stable within 9 metres of a house or other building;\n(b) Have a minimum floor area of 12m2 per animal;\n(c) Ensure the stable has walls and a roof, constructed of impervious material;\n(d) Have on all sides of the building between the walls and the roof, a clear opening of at least\n50 millimetres in height; and\n(e) Provide a floor, which shall have an upper surface at least 75 millimetres above ground level.\n(2) The owner or occupier of a premises where a stable is located shall—\n(a) Maintain the stable in a clean condition and when directed by an Environmental Health\nOfficer, clean, wash and disinfect it;\n(b) Keep all parts of the stable free from flies; and\n(c) When directed by an Environmental Health Officer, spray the stable, or such parts as may be\nindicated, with a residual insecticide.\n3.7 Stable hand Room\nThe owner or occupier of a premises shall not permit a habitable room, including a stable hand’s\nroom, to open directly into a stable area.\n3.8 Manure Receptacle\n(1) An owner or occupier of a premises where a large animal or miniature pig is kept shall—\n(a) Provide in a convenient position, a receptacle for manure, which is constructed of smooth,\nimpervious, durable, easily cleanable materials and, provided with a tightfitting cover, and\nwith no part of the receptacle base being lower than the surface of the adjoining ground;\n(b) Keep the lid of the receptacle closed except when manure is being deposited or removed;\n(c) Cause the receptacle to be emptied at least once a week and more often as necessary to\nprevent it becoming offensive or a breeding place for flies or other insects;\n(d) Keep the receptacle so far as possible free from flies or other insects by spraying with a\nresidual insecticide or other effective means; and\n(e) Cause all manure produced on the premises to be collected, stored or removed so as to not\ncause a nuisance or present a hazard.\n(2) This clause shall not apply to any rural or rural land zoned residential.\nPART 4—PIGEONS\n4.1 Certificate of Registration\n(1) A person shall not keep pigeons on any land in the district without having first obtained a\ncertificate of registration from an Authorised Person.\n(2) A certificate of registration shall be valid from its date of issue until the next 30th June.\n4.2 Application for Certificate of Registration\n(1) An application for a certificate of registration shall be—\n(a) Lodged by the applicant on the form approved by Council from time to time;\n(b) Lodged with specifications, site and construction plans of proposed cages, enclosures or lofts;\nand\n(c) Lodged with the registration fees set by Council.\n(2) Clause 4.2(1)(b) shall not apply to any person keeping pigeons before these local laws were made.\n\n2824 GOVERNMENT GAZETTE, WA 7 September 2020\n4.3 Adjoining Owners to be consulted\nPrior to being granted a certificate of registration by the local government, the applicant shall seek\nand provide to the local government the written opinion of all owners and occupiers whose land is\nadjacent to the land owned by the applicant.\n4.4 Approval Limitations\n(1) Pigeons shall not be kept within a caravan park or on any land on which is situated a grouped\ndwelling or multiple dwellings except for land on which 2 grouped dwellings are permitted; and\n(2) Unless previously approved by Council prior to this local law coming into effect, pigeons shall not\nbe kept on any land which has an area of less than 1000m2.\n4.5 Duties of Certificate Holder\nThe holder of a certificate of registration to keep pigeons shall—\n(a) Keep all pigeons confined continuously in cages, enclosures and lofts approved by an\nAuthorised Person except that homing pigeons and racing pigeons registered in accordance\nwith this local law may be released in accordance with this local law;\n(b) Keep all cages, enclosures and lofts and their immediate surrounds clean and maintained in\ngood order and condition at all times and the minimum standard to be adhered to shall be\nthat which is specified in the Code of Practice—Pigeon Keeping; and\n(c) Dispose of all loft litter by immediate burial or by being bagged and deposited in a household\nbin to ensure no nuisance occurs.\n4.6 Limit on the Number of Pigeons\n(1) Subject to subclause (2), the maximum number of pigeons which shall be kept on land the subject\nof a certificate of registration pursuant to each certificate of registration shall not exceed 20,\nexcluding young birds.\n(2) A person who on or before 30 June each year produces to an Authorised Person, satisfactory proof\nthat the person is a current financial member of a recognised incorporated racing pigeon body, or a\nregistered pigeon fancier, may be permitted by an Authorised Person to keep up to 150 pigeons,\nexcluding young birds, in any residential, rural or rural area zoned residential.\n4.7 Cage, Enclosure or Loft requirements\n(1) An approved cage, enclosure or loft used to house pigeons shall aesthetically blend with its\nsurrounds, be constructed of new materials and shall be constructed to the following minimum\nrequirements—\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 paragraph (e), a loft height shall not exceed 2.4 metres at any point\nwhen measured from ground level; and\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.\n(2) A cage, enclosure or loft shall not be located nearer than—\n(a) 1.2 metres from the boundary of any land adjacent to the land, subject of an application;\n(b) 9 metres from any dwelling house, church, school room, hall, factory, dairy or food premises;\nor\n(c) 9 metres from any road reserve or street.\n4.8 Exercise of Pigeons\n(1) A person who is approved to keep registered homing pigeons or racing pigeons may only release\nsuch homing pigeons or racing pigeons for exercise between the hours set out in the Code of Practice,\nunless otherwise authorised by Council or an Authorised Person.\n(2) A person shall not release more than 60 registered homing or racing pigeons for exercise or\ntraining at any one time.\n4.9 Alteration, Cancellation or Refusal of Certificate of Registration\n(1) At any time an Authorised Person may amend the conditions contained in or relating to a\ncertificate of registration and without limiting the generality of the same, where any complaint of a\nnuisance is received, the Authorised Person may vary the hours for release of pigeons and impose any\nother conditions deemed necessary to minimise any nuisance from the keeping of pigeons or any\nassociated activity.\n(2) An Authorised Person may cancel, refuse to approve or refuse to renew a certificate of registration\nfor any one or more of the following reasons—\n(a) The land is not maintained in accordance with this local law;\n(b) The cages, enclosures or loft have fallen into disrepair, are unclean or infested with vectors of\ndisease;\n(c) The pigeons are being released outside the times permitted in clause 4.8;\n\n7 September 2020 GOVERNMENT GAZETTE, WA 2825\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.\nPART 5—KEEPING OF BEES\n5.1 Limitation on numbers and location of Hives\n(1) A person must not keep or permit the keeping of bees on a lot except in accordance with this Part\nand state legislation.\n(2) A person may keep bees on a lot zoned for agricultural use.\n(3) The local government may, upon written application, consent, with or without conditions, to a\nperson keeping up to 2 beehives on a lot which is not zoned for agricultural purposes.\n(4) A person must comply with any conditions imposed by the local government under subclause (3).\n5.2 Restrictions on keeping Bees in Hives\nA person must not keep or permit the keeping of bees in a hive on a lot unless, at all times—\n(a) an adequate and permanent supply of water must be provided within 10m of the beehives;\nand\n(b) the beehive is kept—\n(i) at least 10m from any public place;\n(ii) at least 5m from the boundary of the lot; and\n(iii) the beehive is screened from public view.\n5.3 Bees which cause a nuisance not to be kept\n(1) A person must take reasonable measures to not keep, or permit the keeping of bees, which cause a\nnuisance.\n(2) Whenever in the opinion of the local government, the keeping of bees is causing a nuisance, the\nlocal government may give written notice to an owner or occupier requiring the removal of any bees or\nbeehives from the lot within the time specified in the notice.\nPART 6—SMALL ANIMALS\n6.1 General\nThe 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\nlikely to become offensive or injurious to health or to attract rats, vermin or insects;\n(b) When so directed by an Environmental Health Officer, clean and disinfect the premises;\n(c) Keep the premises, so far as possible, free of flies and when directed by an Environmental\nHealth Officer, spray the premises with a residual insecticide or use any other effective\nmeans to kill and repel flies; and\n(d) Ensure the animal or bird kept is not causing a nuisance or is injurious, offensive or\ndangerous to health.\n6.2 Keeping of Small Animals\nA person who keeps a small animal or permits a small animal to be kept must—\n(a) not permit that small animal to stray or to be at large in a street, public place or upon private\nproperty without the consent of the property owner;\n(b) ensure that the small animal is kept in a properly constructed and securely fastened\nstructure or enclosure.\n6.3 Cleanliness\nThe owner or occupier of premises in or on which a dog, cat, small animal, large animal or other\nanimal is kept must take reasonable measures to—\n(a) 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(b) when so directed by an Authorised Person, clean and disinfect the premises; and\n(c) keep the premises, so far as possible, free of flies or vermin and when directed by an\nAuthorised Person, spray the premises with a residual insecticide or use any other effective\nmeans to kill and repel flies or vermin.\n6.4 Disposal of Dead Animals\n(1) Subject to subclause 6.5, the owner or occupier must immediately remove and dispose the carcass\nof any dead livestock, miniature horse or pig, dog, cat, poultry, pigeon or bird at an approved disposal\nsite.\n(2) An owner or a person having care of any animal or bird that dies or is killed in a public or private\nplace must immediately remove and dispose of the carcass of the dead animal or bird at an approved\ndisposal site.\n\n2826 GOVERNMENT GAZETTE, WA 7 September 2020\n6.5 Burial of Animals\n(1) An owner or operator of a veterinary practice where dead animals are kept for more than 12 hours,\nshall refrigerate the carcass prior to its removal and disposal, at an approved disposal site.\n(2) The operators of commercial poultry farms, licensed piggeries and similar intensive animal or bird\nfarming shall not dispose of any dead animals or birds on their premises without written approval\nfrom Council or an Authorised Person.\n(3) Owners and occupiers of properties on land zoned for residential use, who occasionally need to\nbury an animal on their property, shall cover the carcass with lime before burial.\n(4) Owners and occupiers of properties on land zoned for residential use, other than a veterinary\npractice, on which there is a dead animal shall immediately remove the carcass for its disposal at an\napproved disposal site.\nPART 7—POULTRY, PIGEONS AND MISCELLANEOUS BIRDS\n7.1 Limitation on Numbers of Poultry and Pigeons\n(1) In this clause, Affiliated Person means a person who is a member of a properly constituted Poultry\nor Pigeon Club.\n(2) An owner or occupier of land—\n(a) who is not an Affiliated Person, must not keep a total of more than 6 poultry and 6 pigeons;\nand\n(b) who is an Affiliated Person, must not keep a total of more than 50 pigeons and 12 poultry, on\nany one lot of land.\n(3) An owner or occupier of land must not keep or suffer to remain in a residential area a rooster,\nturkey, goose, peacock or peahen.\n7.2 Conditions of Keeping Poultry\nA person who keeps poultry or permits poultry to be kept shall ensure that—\n(a) they provide a properly constructed and securely fastened structure or coop;\n(b) all structures within which poultry are kept are maintained at all times in a clean condition;\n(c) the structure has an impervious floor to permit washing down;\n(d) subject to clause (a) poultry that have been released to free-range are otherwise confined to\nthe property;\n(e) the poultry do not cause or be a nuisance to any person; and\n(f) all feed for poultry be stored in vermin proof containers.\n7.3 Conditions of Keeping Pigeons\nA person who keeps, or permits to be kept, pigeons or doves must ensure that—\n(a) no pigeon is able to approach within 10m of a dwelling, public building, food premises or\npublic place;\n(b) all feed for the pigeons is stored in vermin proof containers;\n(c) except where homing pigeons are freed for exercise, the pigeons or doves are kept in a\nproperly constructed structure or enclosure that—\n(i) is located so that no pigeon is able to approach within 1m of any boundary;\n(ii) does not exceed 2m in height;\n(iii) there is a floor beneath the roofed area of the structure or enclosure which is\nconstructed of smooth, impervious material and with a gradient of at least 1 in 50 to\nthe front of the structure or enclosure;\n(iv) the structure and enclosure is kept in a clean condition and good repair at all times;\nand\n(v) is in a yard having an otherwise unobstructed area of at least 30m2.\n7.4 Conditions of Keeping a Miscellaneous Bird\nA person who keeps, or permits to be kept a miscellaneous bird must ensure that—\n(a) no miscellaneous bird is able to approach within—\n(i) 1m of any boundary;\n(ii) 1m of a residential house on any other lot; and\n(iii) 10m of a public building, food premises or public place.\n(b) all feed for the birds is stored in vermin proof containers;\n(c) the miscellaneous bird is kept in a properly constructed structure or enclosure that—\n(i) does not exceed 2m in height;\n(ii) has a floor beneath the roofed area of the structure which is constructed of smooth,\nimpervious material and with a gradient of at least 1 in 50 to the front of the structure;\n(iii) the structure and enclosure is kept in a clean condition and good repair at all times;\nand\n(iv) is in a yard having an otherwise unobstructed area of at least 10m2.\n\n7 September 2020 GOVERNMENT GAZETTE, WA 2827\n7.5 Removal of Non-Conforming Structure or Enclosure\nIf a structure or enclosure is used for the keeping of poultry, pigeons, doves or miscellaneous birds\ncontrary to the provisions of clauses 7.2, 7.3 or 7.4, the local government may give written notice to\nthe owner or occupier to remove it.\n7.6 Restrictions on Pigeons Nesting, Perching or Habitually Feeding\nThe local government may give written notice to an owner or occupier of land or a house in or on\nwhich pigeons are, or are in the habit of, nesting, perching or habitually feeding to take adequate\nsteps to prevent them continuing to do so.\n7.7 Restrictions on Feeding of Birds\nA person must not feed a pigeon or miscellaneous bird—\n(a) so as to cause a nuisance, or\n(b) with a food or substance that is not a natural food of a pigeon or miscellaneous bird.\n7.8 Cleanliness of Poultry, Pigeon and Miscellaneous Bird Structures\nThe owner or occupier of premises where poultry, pigeons or miscellaneous birds are kept must take\nreasonable measures to—\n(a) keep the structure or enclosure in a clean condition, free from excrement, filth, food waste\nand all other matter that is likely to become offensive or injurious to health or to attract rats,\nvermin or insects;\n(b) clean and disinfect the structure or enclosure, when so directed by an Authorised Person; and\n(c) keep the structure or enclosure, so far as possible, free of flies or vermin and when directed by\nan Authorised Person, spray the structure or enclosure with a residual insecticide or use any\nother effective means to kill and repel flies or vermin.\n7.9 Nuisance caused by Poultry, Pigeons and Miscellaneous Birds\n(1) Notwithstanding any of the provisions of clauses 7.1, 7.2, 7.3, 7.4, and 7.8, where any poultry,\npigeons or miscellaneous birds has or have, in the opinion of a local government’s Environmental\nHealth Officer, been found to have been the cause of—\n(a) a nuisance as defined by this local law, or\n(b) the emission of unreasonable noise as defined by the Environmental Protection Act 1986,\nan Authorised Person may by notice in writing direct the owner or occupier of the land on which the\npoultry, pigeons, bird or birds is or are kept to take such action as the Authorised Person deems\nnecessary, within a time specified in the notice, to prevent the nuisance or the emission of\nunreasonable noise.\n(2) The notice referred to in subclause (1) may require removal of a specified bird or specified birds, or\nspecified species of birds, from the land, irrespective of whether the local government has previously\nissued a permit authorising the keeping of such a bird or such birds.\nPART 8—CATS\n8.1 Interpretation\n(1) In this Part, unless the context otherwise requires—\nAct means the Cat Act 2011;\ncat means an animal of the species felis catus or a hybrid of that species;\ncat management facility means—\n(a) a facility operated by a local government that is, or may be, used for keeping cats;\n(b) a facility for keeping cats that is operated by a person or body prescribed in the Act; or\n(c) a facility for keeping cats that is operated by a person or body approved in writing by a\nlocal government;\ncattery means any premises where more than 3 cats are boarded, housed or trained temporarily,\nusually for profit, and where the occupier of the premises is not the ordinary keeper of the\ncats;\neffective control in relation to a cat means any of the following methods—\n(a) held by a person who is capable of controlling the cat;\n(b) securely tethered;\n(c) secured in a cage; or\n(d) any other means of preventing escape;\nowner in relation to a cat means any of the following persons—\n(a) the owner of the cat as defined in the Act;\n(b) a person by whom the cat is ordinarily kept;\n(c) a person who has or appears to have immediate custody or control of the cat;\n(d) a person who keeps the cat, or has the cat in her or his possession for the time being;\n(e) a person who occupies any premises in which a cat is ordinarily kept or ordinarily\npermitted to live; or\n\n2828 GOVERNMENT GAZETTE, WA 7 September 2020\n(f) a holder of a licence which relates to the cat; or\n(g) the holder of an exemption issued in relation to the cat.\n(2) In this Part, and for the purposes of applying the definition of cattery in Part 8—a cat does not\ninclude a cat less than 6 months old.\n8.2 Keeping of Cats for which a licence is required\n(1) Subject to subclause (3) and the Cat (Uniform Local Provisions) Regulations 2013, a person is\nrequired to have a licence to—\n(a) keep more than 3 cats; or\n(b) use any premises as a cattery.\n(2) A person who breeds cats may, with the written approval of the local government, keep up to\n6 adult breeding cats on any land in the district, subject to—\n(a) each cat being permanently confined in an effective cage system on the property; and\n(b) under such terms and conditions that may be imposed by the local government from time to\ntime.\n(3) A licence is not required under subclause (1) if the premises concerned are—\n(a) a refuge of the RSPCA;\n(b) a cat management facility which has been approved by the local government; and\n(c) a veterinary surgery.\n8.3 Cleanliness\nThe owner or occupier of a premises where a cat or cats are kept must take reasonable measures to—\n(a) 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(b) when so directed by an Authorised Person, clean and disinfect the premises; and\n(c) keep the premises, so far as possible, free of flies and when directed by an Authorised Person,\nspray the premises with a residual insecticide or use any other effective means to kill and\nrepel flies.\n8.4 Application for licence\nAn application for a licence under clause 8.2 must be—\n(a) made in writing, by an occupier of the premises in relation to those premises;\n(b) in a form approved by the local government, describing and specifying the number of cats to\nbe kept on the premises;\n(c) accompanied by a brief reason and justification for the request;\n(d) accompanied by the plans of the premises to which the application relates, to the specification\nand satisfaction of the local government;\n(e) accompanied by the consent in writing of the owner of the premises, where the occupier is not\nthe owner of the premises to which the application relates; and\n(f) accompanied by the application fee for the licence determined by the local government from\ntime to time.\n8.5 Refusal to determine application\nThe local government may refuse to determine an application for a licence if it is not made in\naccordance with clause 8.4.\n8.6 Factors relevant to determination of application\n(1) In determining an application for a licence the local government may have regard to—\n(a) the reasons and justification provided for the request;\n(b) the physical suitability of the premises for the proposed use;\n(c) the suitability of the zoning of the premises under any local planning scheme which applies to\nthe use of the premises;\n(d) the environmental sensitivity and general nature of the location surrounding the premises for\nthe proposed use;\n(e) the structural suitability of any enclosure in which any cat is to be kept;\n(f) the likelihood of a cat causing a nuisance, inconvenience or annoyance to the occupiers of\nadjoining land;\n(g) the likely effect on the amenity of the surrounding area of the proposed use;\n(h) the likely effect on the local environment, including any pollution or other environment\ndamage which may be caused by the use;\n(i) any submissions received under subclause (2) within the time specified in subclause (2); and\n(j) such other factors which the local government may consider to be relevant in the\ncircumstances of the particular case.\n(2) The local government may require an applicant to—\n(a) consult with other nearby landowners; and\n\n7 September 2020 GOVERNMENT GAZETTE, WA 2829\n(b) advise other adjoining landowners that they may make submissions to the local government\non the application for the licence within 14 days of receiving that advice, before determining\nthe application for the licence.\n(3) The local government may specify the extent of the consultation with nearby residents and may\nspecify which properties should be consulted.\n8.7 Decision on application\n(1) The local government may—\n(a) approve an application for a licence, as it was submitted, in which case it must approve it\nsubject to the conditions in clause 8.8 and may approve it subject to any other conditions it\nconsiders fit;\n(b) approve an application, but specify an alternative number of cats permitted to be housed at\nthe address; or\n(c) refuse to approve an application for a licence.\n(2) If the local government approves an application under subclause (1), then it must issue to the\napplicant a licence in the form determined by the local government.\n(3) If the local government refuses to approve an application under subclause (1), then it must advise\nthe applicant accordingly in writing.\n8.8 Conditions\n(1) Every licence is issued subject to the following conditions—\n(a) each cat kept on the premises to which the licence relates must comply with the requirements\nof the Cat Act;\n(b) each cat must be contained on the premises unless under the effective control of a person;\n(c) the licence holder will provide adequate space for the exercise of the cats;\n(d) the premises must be maintained in good order and in a clean and sanitary condition; and\n(e) those conditions contained in Schedule 3.\n(2) In addition to the conditions subject to which a licence is to be issued under this clause, a licence\nmay be issued subject to other conditions, as the local government considers appropriate.\n(3) The licence holder who fails to comply with a condition of a licence commits an offence.\n8.9 Duration of licence\nUnless otherwise specified, in a condition on a licence, a licence commences on the date of issue and is\nvalid for a period of 12 months from the date of issue unless and until—\n(a) it is revoked; or\n(b) the licence holder ceases to reside at the premises to which the licence relates.\n8.10 Revocation\nThe local government may revoke a licence if the licence holder fails to observe any provision of this\nlocal law or a condition of a licence.\n8.11 Licence not transferable\nA licence is not transferable either in relation to the licence holder or the premises.\n8.12 Licence to be kept at the premises and available for view\n(1) A licence issued by the local government must be kept at the premises to which it applies and\nmust be provided to an Authorised Person on demand.\n(2) In the case of a registered cattery, the licence must be displayed in a prominent place within the\npremises.\nPART 9—MISCELLANEOUS\n9.1 Fees and Charges\nAll fees and charges applicable under this local law shall be as determined by Council from time to\ntime in accordance with sections 6.16 to 6.19 of the Act.\n9.2 False or Misleading Statement\nA person shall not make a false or misleading statement in connection with any application,\nrequirement or demand under this local law.\n9.3 Limit on Liability\nA person, owner, occupier or licensee is not entitled to make a claim by way of damages or otherwise,\nagainst an Authorised Person, Council employee, Council appointed subcontractor or other person\nauthorised by Council; to enter the land and carry out all or part of the works and do all things\nnecessary that the owner, occupier or licensee was required to do to comply with this local law.\n9.4 Appeal and review rights\nWhen the local government makes a decision as to whether it will—\n(a) grant a person a permit, licence or certificate of registration under this local law; or\n\n2830 GOVERNMENT GAZETTE, WA 7 September 2020\n(b) renew, vary, or cancel a permit, licence or certificate of registration that a person has under\nthis local law, the provisions of Division 1 of Part 9 of the Act and regulation 33 of the Local\nGovernment (Functions and General) Regulations 1996 apply to that decision; or\n(c) give a person a notice, the provisions of Division 1 of Part 9 of the Act and regulations 33 of\nthe Local Government (Functions and General) Regulations 1996 apply to that decision.\nPART 10—ENFORCEMENT\n10.1 Offences and Penalties\n(1) Any person who fails to do anything required or directed to be done under this local law, or who\ndoes anything which under this local law that person is prohibited from doing, commits an offence.\n(2) Any person who commits an offence under this local law is liable, upon conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding\n$500 for each day or part of a day during which the offence has continued.\n10.2 Modified Penalties and Offence Description\n(1) An offence against any provision of this local law is a prescribed offence for the purposes of\nsection 9.16 (1) of the Act.\n(2) The amount of the modified penalty is the amount specified in the fourth column of Schedule 1.\n(3) Before giving an infringement notice to a person in respect of the commission of a prescribed\noffence, an Authorised Person should be satisfied that—\n(a) commission of the prescribed offence is a relatively minor matter; and\n(b) only straightforward issues of law and fact are involved in determining whether the\nprescribed offence was committed, and the facts in issue are readily ascertainable.\n10.3 Form of Notices\nFor the purposes of this local law—\n(a) the form of the infringement notice referred to in section 9.13 of the Act is to be in or\nsubstantially in the form of Form 1 of Schedule 1 of the Local Government (Functions and\nGeneral) Regulations 1996;\n(b) the form of the notice referred to in section 9.17 of the Act is to be in the form of Form 2 in\nSchedule 1 of the Local Government (Functions and General) Regulations 1996;\n(c) the form of the infringement withdrawal notice referred to in section 9.20 of the Act is to be in\nthe form of Form 3 in Schedule 1 of the Local Government (Functions and General)\nRegulations 1996;\n(d) for the purposes of Part 8, the issue of infringement notices, their withdrawal and the\npayment of modified penalties are dealt with in Division 4 of Part 4 of the Cat Act 2011;\n(e) for the purposes of Part 8, an infringement notice given under the Act is to be in the form of\nForm 6 of Schedule 1 of the Cat Regulations 2012;\n(f) for the purposes of Part 8, a notice sent under the Cat Act 2011 withdrawing an infringement\nnotice is to be in the form of Form 7 of Schedule 1 of the Cat Regulations 2012.\nPART 11—DETERMINATIONS IN RESPECT OF HORSE EXERCISE AREAS\n11.1 Determinations as to use of local government property\n(1) The local government may make a determination in accordance with clause 11.2—\n(a) setting aside specified local government property for the pursuit of horse exercise in\nclause 3.1(1);\n(b) prohibiting a person from pursuing activities referred to in clause 3.1(1) on specified local\ngovernment property;\n(c) as to the matters in clauses 3.1(2) and 3.1(3); and\n(d) as to any matter ancillary or necessary to give effect to a determination.\n(2) The determinations in Schedule 2—\n(a) are to be taken to have been made in accordance with clause 11.2;\n(b) may be amended or revoked in accordance with clause 11.6; and\n(c) have effect on the commencement day.\n11.2 Procedure for making a determination\n(1) The local government is to give local public notice of its intention to make a determination.\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\nlocal government; 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\n7 September 2020 GOVERNMENT GAZETTE, WA 2831\n(3) If no submissions are received in accordance with subclause (2)(c), the Council is to decide to—\n(a) give local public notice that the proposed determination has effect as a determination on and\nfrom the date of publication;\n(b) amend the proposed determination, in which case subclause (5) will apply; or\n(c) not continue with the proposed determination.\n(4) If submissions are received in accordance with subclause (2)(c) the Council is to—\n(a) consider those submissions; and\n(b) decide—\n(i) whether or not to amend the proposed determination; or\n(ii) not to continue with the proposed determination.\n(5) If the Council decides to amend the proposed determination, it is to give local public notice—\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 Council decides not to amend the proposed determination, it is to give local public notice\nthat the proposed determination has effect as a determination on and from the date of publication.\n(7) A proposed determination is to have effect as a determination on and from the date of publication\nof the local public notice referred to in subclauses (3), (5) and (6).\n(8) A decision under subclause (3) or (4) is not to be delegated by the Council.\n11.3 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.\n11.4 Determination to be complied with\nA person shall comply with a determination.\n11.5 Register of determinations\n(1) The local government is to keep a register of determinations made under clause 11.1, and of any\namendments to or revocations of determinations made under clause 11.6.\n(2) Sections 5.94 and 5.95 of the Act are to apply to the register referred to in subclause (1) and for\nthat purpose the register is to be taken to be information within section 5.94(u)(i) of the Act.\n11.6 Amendment or revocation of a determination\n(1) The Council may amend or revoke a determination.\n(2) The provisions of clause 11.2 are to apply to an amendment of a determination as if the\namendment were a proposed determination.\n(3) If the Council revokes a determination it is to give local public notice of the revocation and the\ndetermination is to cease to have effect on the date of publication.\n————\nSchedule 1\nPRESCRIBED OFFENCES\n[Clause 10.2]\nItem\nNo.\nClause\nNo. Nature of Offence Modified\nPenalty\n1 3.2 Failure to clean up horse manure $250.00\n2 8.2(1) Failure of an owner to hold a licence to keep three or more\ncats or to use premises as a cat management facility $250.00\n3 8.8(3) Breach of a condition of a licence $250.00\n4 All other offences not specified $150.00\n————\n\n2832 GOVERNMENT GAZETTE, WA 7 September 2020\nSchedule 2\nHORSE EXERCISE AREA DETERMINATIONS\n(1) All that section of Reserve No. 1474 (Middleton Beach) as shown delineated in the below—\n(2) The Stidwell Bridle Trail consists of three clearly signposted loops that start at the Albany\nEquestrian Centre on Roberts Road—\n(a) ROBINSON LOOP—7.5km: This loop winds through Robinson Estate using tree lined road\nverges and undeveloped road reserves to avoid on-road riding.\n(b) WERILLUP LOOP—11km: Sandy bush tracks lead to the summit of Werillup Hill where a\nshelter, watering trough and hitching rail provide a comfortable rest stop for riders and\nhorses.\n(c) SAND PATCH LOOP—12km: This loop travels along wide road verges to reach wildflower-\nrich areas to the south and west. The trail crosses the road leading to the popular fishing spot\nat Sandpatch Beach.\n————\n\n7 September 2020 GOVERNMENT GAZETTE, WA 2833\nSchedule 3\nADDITIONAL CONDITIONS APPLICABLE TO KEEPING OF CAT LICENCE\n[Clause 8.8]\nPART 1: Licence to keep three or more cats Additional Conditions\n(1) The owner will have during the term of the licence adequate space for the exercise of the cats.\n(2) In the case of a multiple dwelling, where there is no suitable dividing fence, the written consent to\nthe application for a licence of the occupier of the adjoining multiple dwellings has been obtained.\n(3) Without the consent of the local government, the licence holder will not substitute or replace any\ncat once that cat—\n(a) dies; or\n(b) is permanently removed from the premises.\nPart 2: Licence to use premises as a cat management facility Additional Conditions\n(1) All building enclosures must be structurally sound, have impervious flooring, be well lit and\nventilated and otherwise comply with all legislative requirements.\n(2) There is to be a feed room, wash area, isolation cages and maternity section.\n(3) Materials used in structures are to be approved by the local government.\n(4) The internal surfaces of walls are, where possible, to be smooth, free from cracks, crevices and\nother defects.\n(5) All fixtures, fittings and appliances are to be capable of being easily cleaned, resistant to corrosion\nand constructed to prevent the harbourage of vermin.\n(6) Washing basins and running hot and cold water are to be available to the satisfaction of the local\ngovernment.\n(7) The maximum number of cats to be kept on the premises stated on the licence is not to be\nexceeded.\n(8) An entry book is to be kept recording in respect of each cat the—\n(a) date of admission;\n(b) date of departure;\n(c) breed, age, colour and sex; and\n(d) the name and residential address of the owner.\n(9) The entry book is to be made available for inspection on the request of an Authorised Person.\n(10) Enclosures are to be thoroughly cleaned each day and disinfected at least once a week to\nminimise disease.\n(11) No sick or ailing cat is to be kept on the premises.\n————\nDated this 12th day of August, 2020.\nThe Common Seal of the City of Albany was affixed by the authority of the resolution of Council in the\npresence of—\nDENNIS WELLINGTON, Mayor.\nANDREW SHARPE, Chief Executive Officer.\n———————————\n\n\n\n7 September 2020 GOVERNMENT GAZETTE, WA 2835\nBUSH FIRES ACT 1954\nLOCAL GOVERNMENT ACT 1995\nCITY OF ALBANY\nBUSH FIRE BRIGADES LOCAL LAW 2020\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Simplified outline of this Local Law\n1.4 Definitions\n1.5 Application\nPART 2—ESTABLISHMENT AND CANCELLATION OF BUSH FIRE BRIGADES\nDivision 1—Establishment of a Bush Fire Brigade\n2.1 Establishment and naming of a bush fire brigade\n2.2 Appointment of brigade officers\nDivision 2—Transitional\n2.3 Existing bush fire brigades\nDivision 3—Cancellation of a Bush Fire Brigade\n2.4 Cancellation of a bush fire brigade registration\n2.5 New arrangement after cancellation of registration\nPART 3—OBJECTIVE, ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES\nDivision 1—Objectives of Bush Fire Brigades\n3.1 Objectives\nDivision 2—Local Government Responsibility\n3.2 Local government responsible for structure\n3.3 Bush fire brigade to be supplied with Act\nDivision 3—Bush Fire Advisory Committee\n3.4 Functions of Advisory Committee\n3.5 Advisory Committee to consider brigade motions\nDivision 4—Bush Fire Control Officers\n3.6 Local government to have regard to nominees for Bush Fire Control Officers\n3.7 Functions of Bush Fire Control Officer\n3.8 Local government to advise Bush Fire Advisory Committee of appointments\nDivision 5—Chief Bush Fire Control Officer\n3.9 Role and duties of Chief Bush Fire Control Officer\nPART 4—BRIGADE MEMBERSHIP\nDivision 1—Types of Membership\n4.1 Membership of a bush fire brigade\n4.2 Operational members\n\n2836 GOVERNMENT GAZETTE, WA 7 September 2020\n4.3 Trainee members\n4.4 Cadet members\n4.5 Support members\n4.6 Life member\n4.7 Honorary life member\nDivision 2—Command at a Fire\n4.8 Interpretation\n4.9 Ranks within the bush fire brigade\nPART 5—EQUIPMENT OF BUSH FIRE BRIGADES\n5.1 Policies of local government\n5.2 Equipment in bush fire brigade area\n5.3 Funding from local government budget\n5.4 Consideration in the local government budget\nPART 6—APPLICATION OF RULES TO A BUSH FIRE BRIGADE\n6.1 Rules to govern\nSCHEDULE 1—RULES GOVERNING THE OPERATION OF BUSH FIRE BRIGADES\nSCHEDULE 2—FORM TO APPOINT A PROXY\n\n7 September 2020 GOVERNMENT GAZETTE, WA 2837\nBUSH FIRES ACT 1954\nLOCAL GOVERNMENT ACT 1995\nCITY OF ALBANY\nBUSH FIRE BRIGADES LOCAL LAW 2020\nUnder the powers conferred by the Local Government Act 1995, the Bush Fires Act 1954 and under all\nother powers enabling it, the Council of the City of Albany resolved on 28 July 2020 to make the\nfollowing local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the City of Albany Bush Fire Brigades Local Law 2020.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n1.3 Definitions\n(1) In this local law unless the context otherwise requires—\nAct means the Bush Fires Act 1954;\nbrigade area is defined in clause 2.1(3)(b);\nbrigade member means any member referred to in clause 4.1;\nbrigade officer means a person holding a position referred to in clause 2.2 (3), whether or not he\nor she was appointed by the local government or elected at an annual general meeting of a\nbush fire brigade or otherwise appointed to the position;\nbush fire brigade is defined in section 7 of the Act;\nBush Fire Control Officer means a Bush Fire Control Officer appointed by the local\ngovernment under section 38 the Act;\nbush fire operating procedures means the operating procedures adopted by the local\ngovernment as amended from time to time;\nCEO means the chief executive officer of the local government;\nChief Bush Fire Control Officer means the Chief Bush Fire Control Officer appointed under\nthe Act;\nCommittee means the Committee of the bush fire brigade;\nCouncil means the Council of the City of Albany;\nDFES means the Department of Fire and Emergency Services;\nDirect Communications is the act of transferring information from one place, person or group\nto another with confirmation of understanding and acknowledgement of receipt. Direct\ncommunications may be conveyed using electronic communication devices and applications\napproved by DFES or the local government, for example: UHF and VHF radio, internet voice\nand video applications.\nDistrict means the area within the boundary of the City of Albany;\nfirefighting member means a registered operational member of a bush fire brigade;\nlocal government means the City of Albany;\nlocal law means the City of Albany Bush Fire Brigades Local Law 2020;\nNormal Brigade Activities are defined by section 35A of the Act;\nRegulations means Regulations made under the Act;\nRules means the Rules Governing the Operation of bush fire brigades; and\nSchedule means a schedule to this local law.\n(2) In this local law, unless the context otherwise requires, a reference to—\n(a) a Captain;\n(b) a First Lieutenant;\n\n2838 GOVERNMENT GAZETTE, WA 7 September 2020\n(c) a Second Lieutenant;\n(d) any additional Lieutenants;\n(e) a Training Officer;\n(f) an Equipment Officer;\n(g) a President;\n(h) a Secretary; or\n(i) a Treasurer;\nmeans a person holding that position in a bush fire brigade.\n1.4 Application\nThis local law applies throughout the district.\nPART 2—ESTABLISHMENT AND CANCELLATION OF BUSH FIRE BRIGADES\nDivision 1—Establishment of a Bush Fire Brigade\n2.1 Establishment and naming of a bush fire brigade\n(1) The local government may establish a bush fire brigade for the purpose of carrying out normal\nbrigade activities.\n(2) A bush fire brigade is established on the date of the local government’s decision under\nsubclause (1).\n(3) On establishing a bush fire brigade under clause 2.1(1) the local government is to—\n(a) give a name to the bush fire brigade; and\n(b) specify the area in which the bush fire brigade is primarily responsible for carrying out the\nnormal brigade activities (the “brigade area”).\n(4) The local government must register the brigade in a register kept pursuant to section 41(2) of the\nAct.\n2.2 Appointment of brigade officers\n(1) On establishing a bush fire brigade under clause 2.1(1) the local government is to appoint or\nprovide for the election of brigade offices as defined in the Rules Governing the Operation of Bush\nFire Brigades (Schedule 1 of this local law).\n(2) When considering the appointment or election of brigade officers the local government is to\nconsider the qualifications, experience and skills required to fill each position.\n(3) A person appointed or elected to a brigade is taken to be a brigade member of that brigade.\n(4) The appointments expire at the completion of the first annual general meeting of the bush fire\nbrigade.\n(5) If a position becomes vacant prior to the completion of the first annual general meeting, then the\nlocal government may appoint a person to fill the vacancy.\nDivision 2—Transitional\n2.3 Existing bush fire brigades\nWhere a local government has established a bush fire brigade prior to the commencement date of this\nLocal Law, from the commencement date—\n(a) The bush fire brigade is to be taken to be a bush fire brigade established under and in\naccordance with this local law; and\n(b) any rules governing the operation of the bush fire brigade are to be taken to have been\nrepealed and substituted with the Rules.\nDivision 3—Cancellation of a Bush Fire Brigade\n2.4 Cancellation of a bush fire brigade registration\nThe local government may cancel the registration of a bush fire brigade, in accordance with section\n41(3) of the Act, if it is of the opinion that the bush fire brigade is not complying with the Act, this\nlocal law, the bush fire operating procedures or the Rules.\n2.5 New arrangement after cancellation of registration\nIf a local government cancels the registration of a bush fire brigade, the local government is to make\nalternative fire control arrangements for that brigade area.\nPART 3—OBJECTIVE, ORGANISATION AND MAINTENANCE OF\nBUSH FIRE BRIGADES\nDivision 1—Objectives of Bush Fire Brigades\n3.1 Objectives\nThe objectives of the bush fire brigade are to carry out—\n(a) Normal Brigade Activities; and\n(b) the functions of the bush fire brigade as specified in the Act, the Regulations and this local\nlaw.\n\n7 September 2020 GOVERNMENT GAZETTE, WA 2839\nDivision 2—Local Government Responsibility\n3.2 Local government responsible for structure\nThe local government is to ensure that an appropriate structure through which the organisation of\nbush fire brigades is maintained.\n3.3 Bush fire brigade to be supplied with Act\nThe local government is to supply each bush fire brigade with two copies of the Act, the Regulations,\nthe bush fire brigade operating procedures, relevant local government policies, this local law and any\nother written laws which may be relevant to the performance of the brigade officers’ functions, and\nany amendments which are made thereto from time to time.\nDivision 3—Bush Fire Advisory Committee\n3.4 Functions of Advisory Committee\nThe Bush Fire Advisory Committee is to have the functions set out in section 67 of the Act and is to\ninclude such number of nominees of the bush fire brigades as may be determined by the local\ngovernment from time to time.\n3.5 Advisory Committee to consider brigade motions\nThe Bush Fire Advisory Committee shall consider any motion received from a bush fire brigade and\nmay make recommendations to the local government in relation to any motion supported by the Bush\nFire Advisory Committee.\nDivision 4—Bush Fire Control Officers\n3.6 Local government to have regard to nominees for Bush Fire Control Officers\nWhen considering the appointment of persons for the position of a Bush Fire Control Officer under\nsection 38 of the Act, the local government is to have regard to persons nominated by any bush fire\nbrigade but is not bound to appoint the nominated person(s).\n3.7 Functions of a Bush Fire Control Officer\n(1) The statutory powers and duties of bush fire control offices shall be those contained in the Act.\n(2) Under the provision of section 38 of the Act, the local government may appoint bush fire control\nofficers generally or classes of Bush Fire Control Officers in order to carry out some or all the\nfunctions of the Act.\n(3) The functions of a Bush Fire Control Officer, or classes of Bush Fire Control Officers, are to be as\ndescribed in the Bush Fire Control Officer position description contained in the City of Albany\nStrategic Bush Fire Plan (or other City of Albany plans) as adopted by Council and amended from\ntime to time.\n(4) The local government may limit the area in which a bush fire control officer can carry out his\nfunctions to one or more specified bush fire brigade area.\n3.8 Local government to advise Bush Fire Advisory Committee of appointments\nWithin one month of the local government receiving a bush fire brigade’s nominations for persons to\nserve as bush fire control officers, the local government is to advise the Bush Fire Advisory\nCommittee of the persons appointed by the local government as bush fire control officers.\nDivision 5—Chief Bush Fire Control Officer\n3.9 Role and duties of Chief Bush Fire Control Officer\n(1) Subject to any directions of the CEO, the Chief Bush Fire Control Officer has primary managerial\nresponsibility for the organisation and maintenance of bush fire brigades.\n(2) The Chief Bush Fire Control Officer or his Deputy may attend as a non-voting representative of\nthe local government, at any meeting of a bush fire brigade.\n(3) The duties of the Chief Bush Fire Control Officer are to be as described in the Chief Bush Fire\nControl Officer position description contained in the City of Albany Strategic Bush Fire Plan as\nadopted by Council and amended from time to time.\nPART 4—BRIGADE MEMBERSHIP\nDivision 1—Types of Membership\n4.1 Membership of a bush fire brigade\n(1) The membership of a bush fire brigade consists of the following—\n(a) operational members;\n(b) trainee members;\n(c) support members;\n(d) cadet members;\n(e) life members; and\n(f) honorary life members.\n\n2840 GOVERNMENT GAZETTE, WA 7 September 2020\n(2) A person shall only have membership of one bush fire brigade within the local government district\nat any given time.\n4.2 Operational members\nOperational members are those persons aged being at least 16 years of age who undertake all normal\nbrigade activities, and have completed the required training qualification as determined by the local\ngovernment.\n4.3 Trainee members\nMembers joining a bush fire brigade shall be classified as trainee members until they completed the\nbasic training qualification as determined by the local government from time to time.\n4.4 Cadet members\n(1) Cadet members are—\n(a) to be aged 11 to 15 years;\n(b) to be admitted to membership only with the consent of their parent or guardian;\n(c) admitted for the purpose of training and are not to attend an uncontrolled fire or other\nemergency incident;\n(d) to be supervised by an operational member when undertaking normal brigade activities as\ndefined by paragraphs (c), (d), (e), (f) and (g) of section 35A of the Act; and\n(e) ineligible to vote at brigade meetings.\n4.5 Support members\nSupport members are brigade members who are not otherwise classified as an operational member,\ntrainee member or cadet member.\n4.6 Life member\n(1) The brigade may by a simple majority resolution appoint a person as a life member in recognition\nof services by that person to the bush fire brigade.\n(2) Only an Operational member can be appointed as a life member.\n4.7 Honorary life member\n(1) The brigade may by a simple majority resolution appoint a person as an honorary life member in\nrecognition of services by that person to the bush fire brigade.\n(2) Honorary life members are ineligible to vote at brigade meetings.\nDivision 2—Command at a Fire\n4.8 Interpretation\nIn this Division “in attendance” includes attendance—\n(a) in person; or\n(b) via direct communications.\n4.9 Ranks within the bush fire brigade\nWhere, under the Act, members of a bush fire brigade have command of a fire—\n(a) where a Bush Fire Control Officer is in attendance at the, fire the most Bush Fire Control\nOfficer has full control over all other persons fighting the fire and is to issue instructions as to\nthe methods and tactics to be adopted by the fire fighters, in accordance with sections 39(1)(f)\nand 44(3) of the Act; and\n(b) in the absence of a Bush Fire Control Officer, the Captain has full control over all other\npersons fighting the fire, and is to issue instructions as to the methods and tactics to be\nadopted by the fire fighters; and\n(c) in the absence of the Captain, the first Lieutenant, and in the absence of the first, the second\nLieutenant and so on, in the order of seniority determined, is to exercise all the powers and\nduties of the Captain.\nPART 5—EQUIPMENT OF BUSH FIRE BRIGADES\n5.1 Policies of local government\nThe local government may make policies to—\n(a) provision funding to bush fire brigades for the purchase of protective clothing, equipment and\ntraining; and\n(b) keep bush fire brigades informed of funding opportunities from other bodies.\n5.2 Equipment in bush fire brigade area\nThe bush fire brigade is to report to the local government the quantity and quality of all protective\nclothing, equipment and appliances of the brigade when directed to do so.\n5.3 Funding from local government budget\nA request to the local government from a bush fire brigade for funding of protective clothing,\nequipment, training or appliance needs shall be submitted to the local government by a date advised\nby the CEO or delegate of the CEO, for consideration in the next following local government budget.\n\n7 September 2020 GOVERNMENT GAZETTE, WA 2841\n5.4 Consideration in the local government budget\nThe local government—\n(a) may approve or decline an application for funding depending upon its assessment of budget\npriorities for the year in question; and\n(b) shall advise bush fire brigades of the final outcome of their individual requests for funding\nwithin a reasonable time frame.\nPART 6—APPLICATION OF RULES TO A BUSH FIRE BRIGADE\n6.1 Rules to govern\n(1) The Rules govern the operation of a bush fire brigade.\n(2) A bush fire brigade and each bush fire brigade member is to comply with the Rules.\n(3) The Rules governing the operation of bush fire brigades are detailed at Schedule 1.\n————\nSchedule 1\nRULES GOVERNING THE OPERATION OF BUSH FIRE BRIGADES\n(clause 6.1)\nPART 1—PRELIMINARY\n1.1 Interpretation\n(1) Unless the context otherwise requires, where a term is used in these Rules and is defined in the\nlocal law, the Act or the Regulations, then the term is to be taken to have the meaning assigned to it\nin this local law, the Act or the Regulations, as the case may be.\n(2) In these Rules, unless the context otherwise requires—\nsimple majority means a majority of more than 50% of members of—\n(a) brigade members of a bush fire brigade, present in person or by proxy; if the majority is\nrequired at a meeting of the bush fire brigade; or\n(b) brigade officers of the bush fire brigade, present in person or by proxy, if the majority is\nrequired at a meeting of the committee.\n(c) absolute majority means a majority of more than 50% of the number of—\n(i) brigade members of a bush fire brigade, whether in attendance at the meeting or\nnot; if the majority is required at a meeting of the bush fire brigade; or\n(ii) brigade officers of the bush fire brigade, whether in attendance at the meeting or\nnot, if the majority is required at a meeting of the committee.\nPART 2—COMMITTEE\n2.1 Management of a bush fire brigade\n(1) The administration and management of the affairs of a bush fire brigade are vested in the\nCommittee, subject to the provisions of these Rules.\n(2) The Committee’s functions include, but are not limited to—\n(a) recommending amendments to these rules to the local government;\n(b) approving the brigade’s annual budget and presenting it at the brigade’s annual general\nmeeting;\n(c) proposing a motion for consideration at any bush fire brigade meeting;\n(d) recommending to the local government equipment which needs to be supplied by the local\ngovernment to the bush fire brigade;\n(e) investing or placing on deposit any bush fire brigade funds not immediately required to\nperform normal brigade activities;\n(f) delegating to a person, any Committee functions (being less than the total functions of the\nCommittee) as considered reasonable, on any conditions it thinks fit;\n(g) doing all things necessary or convenient in order to perform any of its functions and to secure\nthe performance of the normal brigade activities by the bush fire brigade; and\n(h) dealing with membership applications, grievances, disputes and disciplinary matters.\n2.2 Membership of Committee\n(1) The brigade Committee is to consist of the Captain, First Lieutenant, President, Secretary,\nTreasurer, and any other brigade members as may be determined by the Committee from time to\ntime.\n(2) The Committee members are to—\n(a) be elected at the brigade’s annual general meeting;\n(b) hold office until the next annual general meeting; and\n(c) be eligible for re-election at the next annual general meeting.\n\n2842 GOVERNMENT GAZETTE, WA 7 September 2020\n2.3 Termination of Committee Membership\n(1) Any Committee member may be removed from office by an absolute majority decision of the\nbrigade members present in person or by proxy at a special meeting called for such a purpose.\n(2) If a position becomes vacant prior to the commencement of the annual general meeting, then the\nbush fire brigade is to elect a person to fill the vacancy at a bush fire brigade meeting.\n(3) The local government is to be advised within 7 days of the removal of a committee member from\noffice under subclause (1), or the election of a person to fill a vacancy under subclause (2).\n2.4 Meetings of Committee\n(1) The Committee is to meet for the despatch of business, adjourn and otherwise regulate its meeting\nas it thinks fit.\n(2) The President or the Secretary, may convene a meeting of the Committee at any time.\n2.5 Quorum\n(1) The quorum for a Committee meeting is 50% of members of the Committee present, either in\nperson or via direct communication.\n(2) No business is to be transacted at a Committee meeting, without a quorum of Committee\nmembers.\n(3) Subject to these Rules, a decision made by the Committee may made by a resolution passed by a\nsimple majority of Committee members who are present in person, via electronic communication, or\nby proxy at the meeting.\n2.6 Voting\n(1) Each committee member is to have one vote.\n(2) In the case of an equality of votes, the President (or person presiding) may exercise an additional\ncasting vote.\nPART 3—FUNCTIONS OF BRIGADE OFFICERS\n3.1 Captain\nThe Captain is the most senior operational member of the brigade.\n3.2 Lieutenants\n(1) Lieutenants shall be ranked numerically according to seniority.\n(2) The first lieutenant is the second most senior operational member of the brigade, and so on.\n3.3 President\n(1) Subject to subclause (2) below, the President is to preside at all meetings.\n(2) In the absence of the President, the meeting may elect another person to preside at the meeting.\n(3) The President is responsible for the efficient administration of the brigade.\n3.4 Secretary\nThe Secretary is to—\n(a) keep a correct minute and account of the proceedings of all meetings of the brigade and the\nCommittee which shall be open for inspection by brigade members at any reasonable time;\n(b) answer all correspondence or direct it appropriately, and keep a record of the same;\n(c) prepare and send out all necessary notices of meetings; and\n(d) maintain a register of all current brigade members which includes each brigade member’s\ncontact details and type of membership.\n3.5 Treasurer\nThe Treasurer is to—\n(a) receive donations and monies on behalf of the brigade and deposit all monies to the credit of\nthe brigade’s bank account;\n(b) pay accounts as authorised by the committee;\n(c) keep a record of all monies received and payments made, maintain the accounts and prepare\nthe balance sheet for each financial year;\n(d) be the custodian of all monies of the brigade; and\n(e) report on the financial position at meetings of the brigade or Committee;\n(f) prepare requests for funding for submission to the local government;\n(g) prepare for submission to local government an annual statement of acquittal providing detail\nof expenditure of funding monies received; and\n(h) make available the financial statements of the brigade for review by the local government on\nrequest.\n3.6 Equipment Officer\n(1) The Equipment Officer is—\n(a) responsible for the inspection and maintenance of all equipment and appliances as directed\nby the brigade Captain;\n\n7 September 2020 GOVERNMENT GAZETTE, WA 2843\n(b) to report to the local government any damage incurred to brigade equipment as soon as\npracticable; and\n(c) to report to the local government any maintenance required to brigade equipment as soon as\npracticable.\n(2) In consultation with the CBFCO an Equipment Officer may temporarily locate equipment at an\nalternative location from time to time for operational purposes.\n3.7 Training Officer\nThe Training Officer is responsible for the coordination of brigade training under the direction of the\nCaptain and the local government.\nPART 4—MEMBERSHIP OF A BUSH FIRE BRIGADE\n4.1 Conditions of membership\n(1) Members of a bush fire brigade shall comply with the bush fire brigade operating procedures in\ncarrying out normal brigade activities.\n(2) In relation to any type of membership, as described in Part 4 of the local law, the local government\nmay establish policies regarding—\n(a) the qualifications required;\n(b) fitness for duty;\n(c) a requirement to serve a probationary period; and\n(d) the Committee’s assessment of an application for membership.\n4.2 Applications for membership\n(1) Applications for membership of a bush fire brigade shall—\n(a) be submitted to the Captain or Secretary of the relevant bush fire brigade, who shall forward\na copy of the application to the Chief Bush Fire Control Officer within 1 week of the\napplication being submitted; and\n(b) shall be determined by the brigade’s Committee, who shall consider any advice received from\nthe Chief Bush Fire Control Officer in relation to the application.\n4.3 Decision on application for membership\n(1) Subject to clause 2.1, the Committee may—approve an application for membership unconditionally\nor subject to any conditions; or decline an application for membership.\n(2) If the Committee declines an application for membership, it is to give written notice to the\napplicant as soon as practicable after the decision is made, and advise the applicant that he or she\nhas the right to object to the local government.\n(3) The local government is to be advised of approved applications within 14 days of approval of\nmembership.\n4.4 Notification of membership\n(1) All approved applications for membership forms are to be submitted to the local government\nwithin 1 week of the application being made in accordance with clause 4.2 of the Rules.\n(2) As soon as practicable after the bush fire brigade annual general meeting, the local government\nwill supply all bush fire brigades with a list of current membership.\n(3) Within 1 month of being provided a list under subclause (2), the bush fire brigade must review the\nlist and report any anomalies to the local government.\n(4) The local government will supply the Chief Bush Fire Control Officer a list of current membership\nof any or all brigades upon request.\n4.5 DFES to be notified of registrations\nThe local government is to supply details of any approved membership applications to DFES within\n14 days of a person being admitted to membership in the form required by the DFES from time to\ntime.\nPART 5—SUSPENSION AND TERMINATION OF MEMBERSHIP OF\nA BUSH FIRE BRIGADE\n5.1 Suspension of membership\n(1) Membership of the bush fire brigade may be suspended at any time if, in the opinion of the\nCommittee, and/or the Chief Bush Fire Control Officer, circumstances warrant suspending the\nmember.\n(2) Without limiting the generality of sub-clause (2), a member of a bush fire brigade may be\nsuspended in the event the member—\n(a) contravenes the Act, the Regulations, the brigade operating procedures, this local law or the\nlocal government’s bush fire brigade policies;\n(b) has performed an unsafe act that jeopardizes the safety of the member or others;\n(c) has been charged with a criminal offence relevant to the member’s role within the brigade\nand is awaiting court proceedings;\n\n2844 GOVERNMENT GAZETTE, WA 7 September 2020\n(d) is unfit (physically, emotionally and/or mentally), or unable to perform the inherent\nrequirements that could reasonably be expected of the role; or\n(e) has acted in a manner contrary to the local government’s code of conduct policy.\n(3) The suspended member may be excluded immediately from all or any specified bush fire brigade\nactivities.\n(4) The period of suspension shall be determined by the Committee and/or the Chief Bush Fire\nControl Officer, and a review of the suspension shall take place within three months of the date of\nsuspension.\n(5) Upon the expiry of the period of suspension the Committee and/or the Chief Bush Fire Control\nOfficer may—\n(a) extend the period of suspension;\n(b) terminate the membership; or\n(c) reinstate the membership.\n5.2 Termination of membership\n(1) Membership of the brigade terminates if the member—\n(a) dies;\n(b) gives written notice of resignation to the Committee;\n(c) is dismissed by the Committee and/or the Chief Bush Fire Control Officer, by reason of—\n(i) failing to comply with the objectives of the bush fire brigade under clause 3.1 of this\nlocal law;\n(ii) failing to comply with the Act, the Regulations, the bush fire operating procedures, the\nlocal law or relevant local government policies;\n(iii) displaying conduct detrimental to the interests and reputation of the bush fire brigade;\n(iv) being convicted of a criminal offence that in the opinion of the Chief Bush Fire Control\nOfficer would ordinarily exclude the member from joining a brigade; or\n(v) has acted in a manner contrary to the local government’s code of conduct policies.\n(2) A brigade member who has had their membership to a brigade terminated for any of the reasons\ncontained in 5.2(1)(c) is ineligible to join another bush fire brigade within the local government\ndistrict for 12 months.\n(3) A brigade member who, in the opinion of the Committee or the Chief Bush Fire Control Officer,\nhas not adequately fulfilled his or her role within the bush fire brigade, and has not responded to any\nwritten correspondence requesting that he or she state their intentions, within 21 days, shall to be\ndeemed to have resigned from the bush fire brigade.\n(4) Where the local government reasonably considers that a member of a bush fire brigade has\nbehaved in a manner that may lead to termination, the local government may give notice to the\nCommittee and/or the Chief Bush Fire Control Officer requesting the Committee or Chief Bush Fire\nControl Officer to investigate the matter.\n(5) Where a membership is terminated, all property owned by the bush fire brigade or the local\ngovernment that is held by or in the possession of the person whose membership has been\nterminated, shall be returned on demand to the bush fire brigade or the local government.\n5.3 Member has right of defence\n(1) A bush fire brigade member dismissed under clause 5.2(1)(c), or has his or her membership\nterminated under clause 5.1(5)(b), will be afforded the principle of natural justice through the right of\nreply to the Committee or Chief Bush Fire Control Officer.\n5.4 Existing liabilities to continue\n(1) The resignation, or dismissal of a member under clause 5.2 or the suspension or termination of a\nmember under clause 5.1 does not affect any liability of the bush fire brigade member arising prior to\nthe date of resignation, dismissal, suspension or termination as the case may be.\n5.5 Objection rights\n(1) A person whose—\n(a) application for membership is refused under clause 4.3(1)(b);\n(b) membership is terminated under clauses 5.2(1)(c)(v) or clause 5.1(5)(b); or\n(c) membership is suspended under clause 5.1(1) or clause 5.1(2), has a right of objection to the\nlocal government.\n(2) Where a person lodges an objection to the local government under sub-clause (1), the local\ngovernment may deal with the objection by—\n(a) dismissing the objection;\n(b) varying the decision objected to; or\n(c) revoking the decision objected to, with or without—\n(i) substituting for it another decision; or\n(ii) referring the matter, with or without directions, for another decision by the Committee\nor Chief Bush Fire Control Officer.\n(3) No further right of review is available under this local law in respect of a decision made by a local\ngovernment pursuant to subclause (2).\n\n7 September 2020 GOVERNMENT GAZETTE, WA 2845\nPART 6—MEETINGS OF THE BUSH FIRE BRIGADE\n6.1 Annual General Meeting\n(1) A bush fire brigade is to hold its annual general meeting prior to the commencement of May each\nyear.\n(2) The Secretary is to give at least 14 days’ notice in writing of the annual general meeting to all\nbrigade members.\n(3) At the annual general meeting the bush fire brigade is to—\n(a) elect the brigade officers from among the brigade members;\n(b) brigade’s nominee for Fire Control Officer;\n(c) consider the Captain’s report on the year’s activities;\n(d) adopt the annual financial statements;\n(e) deal with any general business arising from the previous annual general meeting; and\n(f) deal with any business approved by the President.\n6.2 Notification of elected office bearers\n(1) The Secretary is to forward a list of elected office bearers and contact details from the brigade’s\nannual general meeting to the Chief Bush Fire Control Officer and the local government within\n1 month of the annual general meeting.\n(2) Where an office bearer is elected at a meeting other than an annual general meeting, the\nSecretary shall forward a revised list of the elected office bearers and contact details to the Chief\nBush Fire Control Officer and the local government within 1 month of the meeting at which the office\nbearer is elected.\n6.3 Ordinary/General meetings\nOrdinary meetings may be called at any time by the Secretary by giving at least 7 days’ notice to all\nbrigade members.\n6.4 Special General meetings\n(1) The Secretary is to call a special general meeting when 5 or more brigade members request one in\nwriting.\n(2) The Secretary is to give at least 14 days’ notice of a special general meeting to all brigade\nmembers.\n(3) In a notice given under subclause (2) the Secretary is to specify the business which is to be\nconducted at the meeting.\n(4) No business is to be conducted at a special general meeting beyond that specified in the notice\ngiven under subclause (3) in relation to that meeting.\n6.5 Notice of a meeting\n(1) Notices of meetings of the bush fire brigade are to be in writing.\n(2) The notice of a meeting shall—\n(a) set out the date, time and place of the meeting;\n(b) set out particulars of motions of which notice has been given; and\n(c) in the case of special meetings, set out particulars of the business to be transacted.\n(3) Notices of Committee meetings may be given in writing in accordance with subclause (1) or by\nsuch other means as the Committee may decide (by an absolute majority) at a Committee meeting.\n(4) Any accidental omission to give notice of a meeting to, or non-receipt by a person entitled to\nreceive such notice, is not to invalidate the meeting, the subject of notice or any resolutions passed at\nthe meeting.\n6.6 Quorum\n(1) Except for Committee Meetings, the quorum for a meeting of the brigade is at least 50% of\ncommittee members (whether present at the meeting or not) and a total of not less than 7 members.\n(2) Notwithstanding the provision of (1) the CBFCO may vary these requirements to with the\napproval of the local government.\n(3) No business is to be transacted at a meeting of the bush fire brigade unless a quorum of brigade\nmembers is present in person or by proxy.\n6.7 Voting\n(1) Each eligible brigade member is to have 1 vote.\n(2) In the event of an equality of votes, the President (or person presiding) may exercise a casting\nvote.\n(3) Subject to these Rules, where a decision is to be made by the bush fire brigade, then the decision\nmay be made by a resolution passed by a simple majority of the brigade’s members.\nPART 7—GENERAL ADMINISTRATION MATTERS\n7.1 Funds\nThe funds of a bush fire brigade are to be used solely for the purpose of fulfilling the objectives of the\nbush fire brigade.\n\n2846 GOVERNMENT GAZETTE, WA 7 September 2020\n7.2 Financial year\nThe financial year of a bush fire brigade is to commence on 1 July and end on 30 June of the following\nyear.\n7.3 Banking\n(1) The funds of a bush fire brigade are to be placed in the bush fire brigade’s bank account and are to\nbe drawn on only by—\n(a) cheques signed jointly by any 2, of the President, Captain, Secretary or Treasurer; or\n(b) authorised use of electronic banking by the Secretary or Treasurer in accordance with\nsubclause (2).\n(2) For the purposes of subclause (1)(b), any 2 of the President, Captain, Secretary or Treasurer may\nauthorise in writing the use of electronic banking to draw on the brigade’s funds.\n7.4 Auditing\n(1) The bush fire brigade shall supply on request to the local government the brigade’s full financial\nrecords for the financial year.\n(2) The local government may request the brigade’s financial and accounting records for a review at\nany time.\n7.5 Disclosure of interests\n(1) A brigade member shall disclose to the bush fire brigade or the Committee any financial or\npersonal interest (whether direct, indirect or perceived) he or she may have in any matter being\nconsidered by the bush fire brigade or the Committee, as appropriate.\n(2) If an interest has been disclosed under subclause (1), then the bush fire brigade or Committee, as\nappropriate, is to decide, in the absence of the brigade member who disclosed that interest, whether\nor not the brigade member is to be permitted to vote on that matter.\n(3) Where the bush fire brigade or Committee, as appropriate, decides under subclause (2), that a\nbrigade member is not permitted to vote on the matter, then her or his vote is to be taken to have no\neffect and is not to be counted.\n7.6 Dispute Resolution\n(1) Any dispute between brigade members may be referred to the Captain, President or to the\nCommittee for resolution.\n(2) Where a dispute referred under subclause (1) is considered by the Captain, President or the\nCommittee to concern the general interests of the bush fire brigade, then the Captain, President or\nthe Committee, is to refer the dispute to the annual general meeting, an ordinary meeting or a special\ngeneral meeting of the bush fire brigade.\n(3) The local government is the final authority on matters affecting the bush fire brigade, and may\nresolve any dispute which is not resolved under subclause (1) or (2).\nPART 8—NOTICES AND PROXIES\n8.1 Notices\nWhere any notice other than a notice of meeting is to be given under these Rules, the notice may be\ngiven by—\n(a) Personal delivery;\n(b) Post;\n(c) Email;\n(d) Short Message Service (SMS) or the like; or\n(e) Facsimile transmission,\nor any other method approved by the local government.\n8.2 Proxies\n(1) Where under these Rules a brigade member may vote by proxy, in order for the proxy to so vote,\nthe brigade member or the proxy shall give a notice in the form of that appearing in this clause, to the\nSecretary or the person presiding at the meeting before the start of the meeting at which the proxy is\nto be used.\n(2) A proxy is to be valid for the meeting for which it is given and for any adjournments of that\nmeeting.\n(3) A proxy shall be valid for the number of votes to which the brigade member is entitled.\n(4) If the non-attending member of the proxy does not give any indication of the manner in which the\nproxy is to vote, the proxy shall be entitled to vote or not vote as he or she thinks fit.\n(5) A proxy shall be entitled to speak on behalf of the non-attending member of the proxy.\n(6) All forms appointing proxies deposited under subclause (1) are to be retained by the Secretary for\nnot less than 28 days after the conclusion of the meeting to which they relate but if there is any\nobjection to the validity of any vote at the meeting, they are to be retained until the determination of\nthat objection.\n(7) The form appointing a proxy shall be in writing and signed by the brigade member appointing the\nproxy and shall be in or substantially in the form set out in Schedule 2.\n\n7 September 2020 GOVERNMENT GAZETTE, WA 2847\nSchedule 2\nFORM TO APPOINT A PROXY\n(Schedule 1, clause 8.2)\n[INSERT NAME] BUSH FIRE BRIGADE\n[Annual] [Extraordinary] [Special] General Meeting to be held on [Date]\nI,........................................................................... ,\nBeing a brigade member appoint .................................................... to be my proxy and vote on my behalf\nat the meeting of the bush fire brigade to be held on [insert date] and at any adjournment of it.\nThe proxy shall vote as follows—\nMOTION FOR AGAINST ABSTAIN\n1. ...........................................................................\n2. ...........................................................................\n3. ...........................................................................\n4. ...........................................................................\nIf there is no instruction to the proxy as to the way to vote, the proxy shall exercise her or his\ndiscretion as to how to vote or whether to vote at all.\nIn respect of any vote taken at the meeting on a matter which does not appear on the agenda, the\nproxy shall exercise his discretion as to the way he casts the vote or whether it is cast at all.\nNOTE: To be valid this proxy must be completed and returned to the Secretary of the bush fire\nbrigade (or the presiding member) prior to the commencement of the meeting for which the proxy is\nvalid.\nDate: .................................... Time: ………………………….\nSigned: ..................................................................................\n————\nDated this 12th day of August, 2020.\nThe Common Seal of the City of Albany was affixed by the authority of the resolution of Council in the\npresence of—\nDENNIS WELLINGTON, Mayor.\nANDREW SHARPE, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent. The Animals Local Law 2020 replaces the 2001 version with updated provisions reflecting modern animal management practices (including the Cat Act 2011). The Bush Fire Brigades Local Law 2020 provides a comprehensive governance framework for volunteer brigades under the Bush Fires Act 1954. Neither law has expanded significantly beyond its core purpose—animal control and fire brigade administration respectively."},"complexity_factors":["Two distinct local laws combined in one document (Animals and Bush Fire Brigades), each with separate Parts, Schedules, and operational frameworks","47+ defined terms in the Animals Local Law alone (clause 1.5), including nested definitions (e.g., 'animal' includes cats, dogs, rabbits; 'large animal' includes sheep, cows, horses, etc.)","Extensive cross-referencing to external legislation: Cat Act 2011, Local Government Act 1995, Bush Fires Act 1954, Dog Act 1976, Health Act 1911, Disability Discrimination Act 1992 (Cth), and various regulations","Multiple conditional exceptions and nested subclauses (e.g., clause 3.1(4) has exceptions to speed limits with specific time windows; clause 8.2 has exceptions to cat licensing for breeders, refuges, and vets)","Dual penalty structures: standard court penalties (up to $5,000) plus modified penalties (infringement notices) listed in Schedule 1, with different forms required for different Parts","Detailed procedural requirements for applications, consultations, and determinations (e.g., clause 11.2 requires 21-day public notice periods, consideration of submissions, and specific decision-making pathways)","Schedule 1 (Rules for Bush Fire Brigades) contains 8 Parts with internal governance rules including quorum requirements, voting procedures, proxy forms, and dispute resolution mechanisms","Overlapping but distinct enforcement mechanisms: Authorised Persons under the Animals Local Law vs. Chief Bush Fire Control Officer and Committee under the Bush Fire Brigades Local Law"],"plain_english_summary":"The City of Albany’s 2020 local laws comprise two instruments: the Animals Local Law, which regulates ownership, keeping and control of animals (pets, livestock, horses, pigeons, bees, poultry, cats), sets registration, containment, hygiene and number limits, and provides enforcement and penalties to protect public health, safety and amenity.\n\nThe Bush Fire Brigades Local Law establishes, governs and funds volunteer brigades, defines membership, command structure, discipline, meetings and appeal rights to ensure coordinated, trained community firefighting capacity."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Animals Local Law expressly repeals the City of Albany Animals Local Law 2001 (cl.1.3) and replaces it with a detailed, district‑wide regime covering licensing, registration, numeric limits, siting standards and enforcement for many animal types (Parts 2–9). The package also adds a separate, codified framework for Bush Fire Brigades (full governance, membership, discipline and funding rules in that local law). A full assessment of how scope has shifted in substance would require a side‑by‑side comparison with the 2001 provisions; the instrument clearly changes the regulatory instrument in force (cl.1.3)."},"complexity_factors":["Extensive definitions and cross-references to multiple Acts and regulations (Animals cl.1.5; Cats Part 8 referencing the Cat Act 2011; Enforcement Part 10 referencing the Local Government Act 1995 and Cat Regulations).","Multiple administrative regimes: permits, certificates, licences and registrations with fee schedules and application procedures (Pigeons Part 4 cl.4.1–4.6; Cats Part 8 cl.8.2–8.6; Fees cl.9.1).","High degree of local government discretion to approve, refuse, amend or cancel approvals and impose conditions (Pigeons cl.4.9; Cats cl.8.6–8.11; Determinations Part 11 cl.11.1–11.6).","Technical, prescriptive standards and siting requirements creating compliance complexity (Stables cl.3.6; Pigeon lofts cl.4.7; Bees cl.5.2; Minimum lot sizes cl.3.3–3.5).","Enforcement architecture combining criminal penalties, daily fines, modified penalties and infringement processes (Enforcement Part 10 cl.10.1–10.3; Schedule 1 prescribed offences).","Procedural obligations and appeal/review pathways tied into wider Local Government Act machinery (cl.9.4 referencing Division 1 of Part 9 of the Act).","Bush Fire Brigades rules create an internal governance code with membership classes, disciplinary processes, financial controls and reporting obligations (Bush Fire Brigades cl.2.1–2.5; Membership Part 4; Suspension/Termination Part 5; Schedule 1 Rules).","Operational complexity from command and incident control provisions referencing attendance via direct communications and DFES interfaces (Bush Fire Brigades cl.4.8–4.9; cl.1.3 definitions).","Record‑keeping and notification duties to multiple bodies (pigeon registration cl.4.2–4.3; brigade membership notifications cl.4.4–4.5 of the Bush Fire law).","Overlap risks and compliance cost concentration where numeric limits, site rules and discretionary permissions affect small landowners and commercial operators (e.g. poultry/pigeon limits cl.7.1; miniature animal rules cl.3.3–3.5)."],"plain_english_summary":"These City of Albany local laws set out district‑wide, practical rules. The Animals Local Law regulates how animals (pets, livestock, bees, pigeons, poultry and cats) may be kept, licensed, registered, confined and penalised, and creates offences, fees and enforcement powers. The Bush Fire Brigades Local Law creates a governance and operational framework for local brigades: establishment, membership classes, officer roles, meetings, equipment funding and discipline. Both impose administrative requirements, compliance costs and enforcement sanctions on residents and brigade members."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-albany-animals-local-law-2020","history":"/api/acts/city-of-albany-animals-local-law-2020/history","analysis":"/api/acts/city-of-albany-animals-local-law-2020/analysis","conflicts":"/api/acts/city-of-albany-animals-local-law-2020/conflicts","importantCases":"/api/acts/city-of-albany-animals-local-law-2020/important-cases","documents":"/api/acts/city-of-albany-animals-local-law-2020/documents"}}