{"id":"wa-local:albany-city-of-city-of-albany-jetties-bridges-boat-pens-and-swimming-structures-local-law-2020","name":"City of Albany Jetties, Bridges, Boat Pens and Swimming Structures Local Law 2020","slug":"city-of-albany-jetties-bridges-boat-pens-and-swimming-structures-local-law-2020","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436691,"registerId":"wa-local:albany-city-of-city-of-albany-jetties-bridges-boat-pens-and-swimming-structures-local-law-2020-pdf-1775953804502","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"6","sectionType":"section","heading":"October 2020 GOVERNMENT GAZETTE, WA 3559","content":"6 October 2020 GOVERNMENT GAZETTE, WA 3559\nJETTIES, BRIDGES, BOAT PENS AND SWIMMING\nSTRUCTURES LOCAL LAW 2020\nARRANGEMENT\n1.5 Definitions\n1.6 Overriding power to hire and agree not limited\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"USE OF JETTIES, BRIDGES AND LAND","content":"PART 2—USE OF JETTIES, BRIDGES AND LAND\n2.1 Use of jetty, bridge or land\n2.2 Mooring of Vessels\n2.3 Mooring Lines\n2.4 Authorised person may order removal of vessel\n2.5 Restrictions on launching\n2.6 Material not to be removed\n2.7 Cargo on jetty\n2.8 Removal of cargo\n2.9 Handling of bulk cargo\n2.10 Vehicles on jetty\n2.11 No fishing from jetties or designated structures\n2.12 Damage to bridge, jetty or swimming enclosure\n2.13 Limitations on fishing\n2.1 Cleaning fish on jetties\n2.15 Explosives prohibited\n2.16 Fires on jetty or bridge\n2.17 Loitering on jetty or bridge\n2.18 Obstruction of jetty or bridge\n2.19 Polluting surrounding area\n2.20 Liquor on jetties and bridges\n2.21 Nuisance on jetties and bridges\n2.22 Application for consent\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"PENS AND PEN SYSTEMS","content":"PART 3—PENS AND PEN SYSTEMS\n3.1 Licence requirement\n3.2 Application for licence and application fee\n3.3 Multiple ownership of vessels\n3.4 Mooring of vessel\n3.5 Licensee’s obligations\n3.6 General prohibitions\n3.7 Right of entry and execution of repairs\n3.8 Removal of vessel\n3.9 Termination of licence\n\n","sortOrder":2},{"sectionNumber":"3560","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 October 2020","content":"3560 GOVERNMENT GAZETTE, WA 6 October 2020\n","sortOrder":3},{"sectionNumber":"Part 4","sectionType":"part","heading":"GENERAL PROVISIONS","content":"PART 4—GENERAL PROVISIONS\n4.1 Fees and charges\n4.2 Recovery of debt due\n4.3 Offences and Penalties\n4.4 Costs of repair\n4.5 Appointment of an authorised person\n4.6 Designated areas\n4.7 Breach/Termination Notice\n4.8 When an authorised person can act\n4.9 Objection and appeal rights\n","sortOrder":4},{"sectionNumber":"Part 5","sectionType":"part","heading":"DETERMINATIONS IN RESPECT OF SWIMMING STRUCTURES","content":"PART 5—DETERMINATIONS IN RESPECT OF SWIMMING STRUCTURES\n5.1 Determinations as to use local government property\n5.2 Procedure for making a determination\n5.3 Discretion to erect sign\n5.4 Determination to be complied with\n5.5 Register of determinations\n5.6 Amendment or revocation of a determination\n","sortOrder":5},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"DETERMINATIONS IN RESPECT OF JETTIES AND SWIMMING STRUCTURES","content":"SCHEDULE 1—DETERMINATIONS IN RESPECT OF JETTIES AND SWIMMING STRUCTURES\n\n6 October 2020 GOVERNMENT GAZETTE, WA 3561\nJETTIES, BRIDGES, BOAT PENS AND SWIMMING\nSTRUCTURES LOCAL LAW 2020\nLocal Government Act 1995 and under all other powers enabling\nit, the Council of the City of Albany resolved on 11 August 2020 to make the following local law.\nThis Local Law may be cited as the\nCity of Albany Jetties, Bridges, Boat Pens, and Swimming\nStructures Local Law 2020.\nThis Local Law will come into operation on the fourteenth day after the day on which it is published\nin the\nGovernment Gazette.\n(1) This local law applies to the jetties, bridges, boat pens and swimming structures under the control\nof the City of Albany and as published in the\nGovernment Gazette of 28 July 2020, in accordance with\nsection 3.6 of the\nLocal Government Act 1995, the Governor approved the local law to the extent that\nit will apply outside the district of the City of Albany.\n(2) This local law applies to the following areas located outside the district—\n(a) Lot 350, 7031 Swarbrick Street, Emu Point WA;\n(b) The area bounded by the low water mark of the Indian Ocean and extending for a distance\n200 metres seaward from the coastal boundary of the district; and\n(c) The region bounded by—\n(i) the swimming enclosure;\n(ii) the coastal boundary of Lot 1474, Flinders Parade, Middleton Beach WA; and\n(iii) the coastal boundary of Lot 651, 2 Flinders Parade, Middleton Beach WA;\non the date this local law came into operation.\n(3) This local law does not apply to the administration of Department of Transport assets, which\nincludes the—\n(a) conditions of use of moorings and pens; and\n(b) imposition and collection of fees and charges.\nThis Local Law repeals the\nCity of Albany Jetties, Bridges and Boat Pens Local Law 2004 published\nin the\nGovernment Gazette on 31 January 2005 and as amended and published in the\nGovernment\nGazette on 17 February 2006.\n1.5 Definitions\nIn this local law unless the context otherwise requires—\nauthorised person means the CEO or a person appointed by the local government under\nsection 9.10 of the Act to perform any of the functions of an authorised person under this local\nlaw;\nbait means food, or some substance, used as a lure in fishing;\nberth means—\n(a) to lie alongside jetties; or\n(b) to be connected or tied to a vessel lying alongside jetties;\nbridge means a structure spanning a body of water, road, railway line, chasm or the like and\naffording passage to vehicles or natural persons;\n\n","sortOrder":6},{"sectionNumber":"3562","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 October 2020","content":"3562 GOVERNMENT GAZETTE, WA 6 October 2020\nbulk cargo means bulk, unpacked produce or other materials such as grain, coal, oil, mineral ore,\ntimber, sand or gravel;\ncargo means any goods, merchandise or freight which is to be loaded onto, or which has been\nunloaded from, a vessel, but does not include bulk cargo;\nCEO means the chief executive officer of the local government;\ndesignated area means an area set aside and appropriately identified by an authorised person to\nbe used for particular purposes pursuant to clause 4.6 of this Local Law;\nEmu Point Boat Harbour Marina means the pen system located at Plantagenet Location 7031;\nexplosive means a substance or article as defined in\nDangerous Goods Safety Act 2004, Part 1,\nregulation 8 of the\nDangerous Goods Safety (Explosives) Regulations 2007 (excluding\nemergency device) and includes fireworks;\nemergency device means an article, containing one or more explosives with or without other\nsubstances, that is designed to be used in distress or an emergency for signalling, warning or\nrescue purposes appropriately identified\nDangerous Goods Safety Act 2004, Part 1,\nregulation 8 of the\nDangerous Goods Safety (Explosives) Regulations 2007.\nfish has the meaning given to it by section 4 of the\nFish Resources Management Act 1994;\nfishing has the meaning given to it by section 4 of the\nFish Resources Management Act 1994;\ngidgee means an underwater tool used in spearfishing, consisting of a pole, a spear tip, and a\nrubber loop;\njetty means—\n(a) any jetty, pier, wharf, quay, grid, slip, landing place, boat launching ramps, stage,\nplatform (other than a platform that is a vessel for the purposes of the\nWestern\nAustralian Marine Act 1982) or similar structure, whether fixed or floating, erected or\nplaced, wholly or in part, in, on or over any waters; and\n(b) any ramp and supporting structure for vessel access to a ramp which is or which may\nbe used for the purpose of launching or landing a vessel;\nwhich is under the care, control or management of the local government;\nkey means a device or object that provides security access, also known as a security access device,\nsecurity access token or security access card, code or password.\nland backed facility means that part of a jetty which is not located over water and which is\nlocated over a foreshore area;\nliquor means a substance as defined in section 3 of the\nLiquor Licensing Act 1988;\nlocal government means the City of Albany;\nmoor means to fasten or secure or connect a vessel to a mooring;\nmooring means something to which a vessel may be moored or fastened and includes an anchor,\nstake, ring bolts, fastenings, or mooring pile;\nmooring line means any line, rope, cable, chain or similar device used or capable of being used to\nfasten or secure a vessel to a mooring;\nmooring pile means any pile used or capable of being used to secure a vessel;\nowner means the person who is the lawful owner or the person legally entitled to the possession of\nany vessel, vehicle, cargo, property or chattel;\npen means a specific area within a pen system for a vessel and does not include any adjacent jetty\nand walkway;\npen system means a complex of interconnecting pens, and includes all jetties and walkways,\nwhich are under the care, control or management of the local government;\nperson or any word or expression descriptive of a person includes a natural person, a public body,\ncompany or association or body of persons corporate or incorporate, but does not include the\nlocal government;\npetroleum has the meaning given to it by section 5 of the\nPetroleum and Geothermal Energy\nResources Act 1967;\npollution means pollution as defined in the\nEnvironmental Protection Act 1986;\npollutant means any noxious, pollutant or offensive material whether solid or liquid, including\nbut not limited to non-biodegradable chemicals or cleaning agents, rubbish, dirt, black water,\nsewage, oil, oily bilge water, sullage, fuel or the content of brine tanks, offal or litter (but\nexcluding fish products or bait);\nprohibited drug has the meaning given to it by section 3 of the\nMisuse of Drugs Act 1981;\nRegulations mean the\nLocal Government (Functions and General) Regulations 1996;\nseaworthy means that a vessel is fit for voyage traversing the sea;\nsign includes a notice, flag, mark, structure or device, including an electronic device, on which\nmay be shown words, numbers, expressions, symbols or pictures;\nSwimming Structure means a structure designated for swimming and includes swimming\nenclosures also known as Shark Barriers, meaning a seabed-to-surface protective barrier that\nis placed around a beach to protect people from shark attacks.\ntout means to solicit custom;\n\n6 October 2020 GOVERNMENT GAZETTE, WA 3563\nutility services means municipal or public services and include the supply of water, electrical\npower, petroleum and waste and sewerage disposal services;\nvehicle means a vehicle described in the First Schedule to the\nRoad Traffic Act 1974; and\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels,\ntracks or otherwise (and includes a bicycle, a skateboard and a vessel that is outside\nthe water and carried by a trailer);\n(b) plant or equipment such as cranes and lifting devices; and\n(c) an animal being ridden or driven, but excludes—\n(i) a wheel-chair or any device designed for use by a physically impaired person on a\nfootpath;\n(ii) a pram, baby carriage, stroller or a similar device;\n(iii) a trolley; and\n(iv) a vessel;\nvessel means any kind of vessel, whether licensed or unlicensed, used or being capable of being\nused in navigation by water, however being propelled or moved, and without limiting the\ngenerality of the foregoing, includes—\n(a) a barge, lighter, floating restaurant, dinghy, vessel, tender vessel or other floating\nstructure;\n(b) a jet-ski; and\n(c) an air-cushion vehicle, or other similar craft, used wholly or primarily in navigation by\nwater, but does not include structures used only for the purpose of walkways or\nstorage;\nwritten law has the same meaning given to it by section 5 of the\nInterpretation Act 1984 and\nincludes this local law.\n1.6 Overriding power to hire and agree not limited\nDespite anything to the contrary in this local law the local government may—\n(a) hire the jetties or the land or any portion of the jetties or the land to a person; or\n(b) enter into an agreement with a person regarding the use or management of the jetties or the\nland or any portion of the jetties or the land.\nPART 2—USE OF JETTIES, BRIDGES AND LAND\n2.1 Use of jetty, bridge or land\n(1) A person shall not land at, use, approach or enter upon a jetty or bridge except in accordance with\nthis local law or any other written law.\n(2) A person shall not land at, use, approach or enter upon a jetty or bridge which is\n(a) under construction or repair; or\n(b) closed under section 6 of the\nJetties Act 1926;\nunless that person is engaged in the construction or repair of that jetty or bridge in accordance with\nthe written consent of the local government.\n2.2 Mooring of Vessels\n(1) A person shall not moor to or berth a vessel at the jetties, or moor or berth a vessel on the Land—\n(a) unless the mooring or berthing of the vessel is authorised or permitted by the local\ngovernment either by way of a sign affixed by the local government to the jetties or by written\nconsent of the local government; and\n(b) other than in accordance with any conditions imposed by the local government under\nclause 3.5(1)(m).\n(2) Subclause (1) does not apply to—\n(a) a person who needs to moor to or berth a vessel at a jetty, or on the Land in an emergency;\n(b) a vessel in distress such as that repairs are required and then only to effect the minimum\nrepairs necessary to enable the vessel to be moved elsewhere;\n(c) a person who uses the jetties under and in accordance with a written agreement with the\nlocal government; and\n(d) a person who has been exempted from subclause (1) by the local government.\n(3) A person shall not—\n(a) moor a vessel to a bridge,\n(b) moor a vessel to the jetties or any part of the jetties except to such moorings or mooring piles\nas are provided; or\n(c) permit a vessel to remain alongside the jetties unless the vessel is so moored or fastened.\n\n","sortOrder":7},{"sectionNumber":"3564","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 October 2020","content":"3564 GOVERNMENT GAZETTE, WA 6 October 2020\n2.3 Mooring Lines\n(1) The owner of a vessel must—\n(a) provide, use and adequately maintain mooring lines sufficient to ensure the safe mooring or\nberthing of the vessel; and\n(b) annually inspect the mooring lines and replace any mooring lines which are unfit for their\nintended purpose, so as to ensure that the mooring lines comply with any requirement under\na written law or any condition imposed under clause 3.5.\n(2) Where the local government considers the mooring line of a vessel to be noncompliant with a\nrequirement under a written law or a condition imposed under clause 3.2(2)(a), or to be faulty or unfit\nfor the purpose for which it is used or to be used, the local government may issue a written direction\nto the owner of a vessel requiring within a specific timeframe—\n(a) the replacement of any mooring line;\n(b) the testing and certification of any mooring line as suitable for its purpose by a marine\nengineer or equivalent and the provision of such certification to the local government; or\n(c) the removal of the vessel from the Land.\n2.4 Authorised person may order removal of vessel\nNotwithstanding anything to the contrary in this Local Law, a person shall immediately remove a\nvessel moored or fastened to or standing alongside a jetty or bridge, upon being directed to do so by an\nauthorised person or a member of the police force.\n2.5 Restrictions on launching\nA person shall not launch a vessel from or over any jetty, land (other than a boat ramp) or bridge\nunless she or he has first obtained the written consent of the local government.\n2.6 Material not to be removed\nA person shall not remove or cause to be removed from a jetty or bridge, or from its approaches, any\ngravel, stone, timber, trees, shrubs, grasses or other material without the prior written consent of the\n2.7 Cargo on jetty\n(1) A person shall—\n(a) not store or place cargo on a jetty unless it is to be loaded onto a vessel and that vessel is\nmoored or fastened to or alongside the jetty; and\n(b) load cargo on to a vessel as soon as practicable after the vessel is moored or fastened to or\nalongside the jetty.\n(2) Any person unloading cargo from a vessel on to a jetty shall remove it from the jetty as soon as\npracticable, on the day on which the cargo was unloaded.\n(3) Boarding ramps and gangways shall—\n(a) be removed from a jetty after any passengers have embarked or disembarked and cargo has\nbeen loaded or unloaded, as the case may be; and\n(b) be placed in the appropriate designated area as defined by an authorised person.\n2.8 Removal of cargo\n(1) An authorised person may direct an owner or a person who, in the opinion of the authorised\nperson, is in charge of cargo, which remains on a jetty, land or bridge contrary to any provision of this\nLocal Law, to remove it from the jetty or bridge.\n(2) Cargo which remains on a jetty, land or bridge contrary to this Local Law may be removed and\nimpounded by an authorised person in accordance with Part 3, Division 3, Subdivision 4 of the Act,\nirrespective of whether a direction to remove the cargo has been given pursuant to subclause (1).\n2.9 Handling of bulk cargo\nExcept with the prior written consent of the local government, a person shall not place or deposit—\n(a) bulk cargo from a vehicle, vessel or container on to a jetty or bridge; or\n(b) a container containing bulk cargo on to a jetty or bridge.\n2.10 Vehicles on jetty\n(1) A person shall not take onto or drive or ride a vehicle on the jetties or allow a vehicle to remain on\nthe jetties without the written consent of the local government.\n(2) Subclause (1) does not apply when—\n(a) the vehicle is driven by a local government employee, authorised person or contractor\nengaged by the local government who is engaged in providing a service, maintaining or\nmaking a delivery in connection with the jetties; or\n(b) the person is driving an emergency vehicle in the course of his or her duties; or\n(c) boat launching ramps.\n(3) A person must not drive a vehicle or allow a vehicle to be driven on the jetties at a speed exceeding\n10km per hour or in such a manner to cause danger to a person.\n\n6 October 2020 GOVERNMENT GAZETTE, WA 3565\n2.11 No fishing from jetties or designated structures\n(1) A person shall not—\n(a) fish from a designated swimming structure;\n(b) fish within a swimming enclosure; or\n(c) hang or spread fishing net on, over, under or from a designated swimming structure or\nenclosure.\n(2) Subclause (1) does not apply to the Ellen Cove Jetty.\n2.12 Damage to bridge, jetty or swimming enclosure\n(a) A person shall not, by using a vessel or vehicle or otherwise, cause damage to a bridge, jetty\nor designated swimming structure owned by the local government.\n(b) Where damage is caused to a jetty or bridge, whether by a vessel or vehicle or otherwise, the\nlocal government may repair the damage and the costs of the repair shall be a debt due to the\n(c) The debt referred to in clause 2.12 (b) is payable—\n(i) where the damage is caused by the use of a vessel or vehicle, by the person in control of\nthe vessel or vehicle at the time the damage occurs;\n(ii) where the damage is not caused by a vessel or vehicle, by the person or persons who\ncaused the damage; or\n(iii) where the damage is caused by an agent or employee of the owner of the vessel or\nvehicle, and without prejudice to the liability of other persons, if any, by the owner of a\nvessel or vehicle.\n2.13 Limitations on fishing\n(a) fish from a jetty or a bridge so as to—\n(i) obstruct or interfere with the free movement of a vessel approaching or leaving the\njetty or the bridge; or\n(ii) interfere with the use of the jetty or the bridge by any other person or vehicle; or\n(b) hang or spread a fishing net on or over any part of a jetty or a bridge.\n2.14 Cleaning fish on jetties\nA person shall not shell, gut, scale or clean fish, or deposit or discard bait or waste from a fish—\n(a) on a Boat Pen;\n(b) on a designated swimming structure;\n(c) on a Jetty, except in a place designated by way of a sign affixed by the local government or\nreceptacle set aside by the local government, and subject to any conditions that may be\nspecified on the receptacle or a sign.\n2.15 Explosives prohibited\nWithout the prior written consent of the local government, no person shall land, place or handle\nexplosives (as defined) on a jetty or bridge.\n2.16 Fires on jetty or bridge\nNo person shall light, place or keep a fire upon a jetty or bridge.\n2.17 Loitering on jetty or bridge\nNo person shall loiter, lounge, camp or sleep or erect a tent, camp or fly on a jetty or bridge.\n2.18 Obstruction of jetty or bridge\n(a) Without the written consent of the local government, cause any obstruction on a jetty or\nbridge or impede the free passage of other persons to, from or on a jetty or bridge.\n(b) Obstruct or hinder—\n(i) any authorised person, or worker engaged in the construction or repair of any jetty or\nbridge; or\n(ii) any authorised person acting in the course of his or her duties.\n(c) Without the prior written consent of the local government, place any advertising signage or\nfixture of any nature on a jetty or bridge or access to a jetty or bridge.\n2.19 Polluting surrounding area\n(a) throw or cause to be thrown any glass, stone or other object, or any filth, dirt, rubbish, or\nother matter of a similar nature from a jetty or bridge;\n(b) tip or deposit anything on to a jetty or bridge so as to cause pollution;\n(c) deposit any offensive rubbish or offal into any rubbish bin located on the jetty or bridge; or\n(d) bring, deposit or release or permit to be bought, deposited or released black water, raw\nsewerage, oil, bilge water, sullage, fuel (except in a container designed for carrying fuel type)\n\n","sortOrder":8},{"sectionNumber":"3566","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 October 2020","content":"3566 GOVERNMENT GAZETTE, WA 6 October 2020\nor the content of brine tanks, fish products including fish carcasses (but excluding bait), shells\nand offal, whether solid or liquid, and regardless of whether or not it is dangerous, polluting\nor noxious in nature, onto a jetty or bridge or into the waters surrounding a jetty or bridge.\n2.20 Liquor on jetties and bridges\n(1) A person shall not consume any liquor on a jetty or bridge.\n(2) A person shall not sell liquor on a jetty or bridge or from a vessel while moored to, or alongside a\njetty or bridge.\n2.21 Nuisance on jetties and bridges\n(a) without the written consent of the local government display any sign or advertisement or use\nany loud speaking device on a jetty or bridge;\n(b) tout while on, or within 200 metres of, a jetty or bridge;\n(c) dive from a jetty or bridge; or\n(d) interfere with any other person using a jetty or bridge.\n2.22 Application for consent\n(1) Where a person is required to obtain the written consent of the local government under this Local\nLaw, the person is to apply for that consent in the manner required by the local government.\n(2) The local government may, in accordance with sections 6.16 to 6.19 of the Act, determine and\nimpose a fee for receipt of an application for consent made under clause 2.21(1).\n(3) If an application for consent is not made in the manner required by the local government or the\nfee, if any, which is charged to accompany that application is not paid, the local government may\nrefuse to consider the application for consent.\n(4) The local government shall give its decision on an application for consent, in writing to the person\nwho applied for that consent.\nPART 3—PENS AND PEN SYSTEMS\n3.1 Licence requirement\n(1) No person shall, without first obtaining a licence from the local government, moor or anchor or\ncause any vessel to be moored or anchored, within a pen or pen system.\n(2) A person shall be permitted to live on board a vessel moored or anchored within a pen or pen\nsystem for no more than two consecutive days, providing that the occupation complies with the\nrequirements of the relevant legislation.\n3.2 Application for licence and application fee\n(1) Where a person is required to obtain a licence under this Part, that person is required to apply for\nthe licence in the manner required by the local government.\n(2) The local government may, in accordance with sections 6.16 to 6.19 of the Act, determine and\nimpose an application fee for a licence under clause 3.2(1).\n(a) The application for a licence must be made by the owner of the vessel; or\n(b) the owner’s agent who has the written authority to sign the application on behalf of the owner\nof the vessel.\n(3) The licence will be issued in the name of the owner of the vessel.\n(4) If an application for a licence is not made in the manner required by the local government or the\nfee, if any, which is charged to accompany that application is not paid, the local government may\nrefuse to consider the application for a licence.\n3.3 Multiple ownership of vessels\nWhere ownership of vessels is shared between more than one person, the following will apply—\n(a) At the time of application, one designated pen holder will be nominated in writing. This Pen\nHolder will be responsible for—\n(i) All correspondence with the City of Albany, the City of Albany will not correspond with\nany other partners.\n(ii) Ensuring the vessel and its use is in compliance with the local law.\n(iii) Any local law infringements in relation to the use of this vessel or pen will be issued to,\nand the sole responsibility of this person.\n(iv) Payment of all fees and any penalty for non-payment.\n(v) Ensuring the vessels third party insurance coverage extends to use by any silent\npartners.\n(vi) Paying bond to the City and forwarding key to silent partners.\n(vii) Making application to the City for addition or removal of silent partners.\n(b) There can be up to 3 additional partners to whom the following conditions and responsibilities\napply—\n(i) be required to sign and adhere with the local law while utilising the pen system.\n\n6 October 2020 GOVERNMENT GAZETTE, WA 3567\n(ii) the vessel s third party coverage must extend to use by these partners.\n(iii) The City of Albany will not undertake any correspondence with these partners—all\ncorrespondence will be the responsibility of the designated pen holder.\n(iv) The silent partners will be issued with a key, through the designated pen holder, who\nwill be responsible for any applicable key bonds or communication in relation to key.\n(c) Transfer of designated pen holder—for the purpose of pen allocation and waitlisting\n(i) Once allocated, the designated penholder status cannot be transferred to any other\nperson.\n(ii) In the event the designated pen holder sells, relinquishes or bequeaths their share in\nthe vessel, the pen lease will be cancelled and silent partners shall have no claim in\nrespect to lease of that pen. Silent partners may apply for lease of the given, or any\nother pen, in accordance with waitlist and other application process and procedure\nadministered by the Manager of the Pen system.\n3.4 Mooring of vessel\n(1) The licensee shall during the term of the licence—\n(a) provide, use and maintain mooring lines sufficient to ensure the safe mooring of the vessel\nwithin the pen or pen system, which shall not be less than the sizes listed below—\nLength of vessel Mooring Lines Diameter\nUp to 5m Not less than 12mm\n5m to 8m Not less than 16mm\n8m to 12m Not less than 20mm\n12m to 15m Not less than 24mm\n(b) annually inspect the mooring lines and replace any mooring lines which are unfit for their\nintended purpose.\n(2) An authorised person may—\n(a) issue a written direction to a licensee, or, where applicable, to the person in charge of the\nvessel at the relevant time, requiring any mooring lines for a vessel to be refitted within a\nspecified period where, in the opinion of that authorised person, the mooring lines are faulty\nor sub-standard;\n(b) notwithstanding clause 3.4(2)(a), refit any faulty or sub-standard mooring lines where it is\nthe opinion of the authorised person that an emergency has arisen requiring such action to be\ntaken; and\n(c) where a licensee fails to comply with a written direction issued under clause 3.4(2)(a) within\nthe period specified in the written direction, refit or cause to be refitted the mooring lines.\n(3) Where mooring lines are refitted under clause 3.4(2)(c), the costs of the refit shall be a debt due to\nthe local government, payable by the licensee.\n3.5 Licensee’s obligations\n(1) During the term of the licence, the licensee shall—\n(a) keep and maintain the vessel in a state of good and substantial repair and in a clean, tidy,\norderly and seaworthy condition;\n(b) keep and maintain the pen in which the licensee’s vessel is moored and any adjacent jetty or\nwalkway in a clean, tidy and orderly condition;\n(c) ensure that, except during entry into and exit from the pen, no portion of the vessel moored in\nthe pen shall extend beyond the boundaries of the pen;\n(d) ensure that the vessel shall not at any time interfere with, obstruct or impede the movement\nof any other vessels within the pen system;\n(e) ensure that the vessel shall not at any time interfere with, obstruct or impede the movement\nof any materials, goods or equipment along or over any jetty or walkway forming part of the\npen system;\n(f) ensure that any vessel under the control of the licensee, his agent or employee, when\napproaching, using or leaving the pen is controlled in a cautious and seamanlike manner and\ndoes not cause a nuisance or damage to any other vessel, property or persons;\n(g) provide adequate fenders between the vessel and the dock, and when the vessel leaves the\npen, mooring lines are coiled safely as to not create a tripping hazard;\n(h) ensure that hose pipes or electricity leads shall not be allowed to obstruct or create a hazard\nto persons walking within the pen system;\n(i) not leave any material, device or goods on any walkway or jetty;\n(j) pay all service fees and other fees (including water, electricity and fuel wharfage);\n(k) ensure the vessel is licensed with the relevant authorities;\n(l) upon expiry of license a copy of a boat renewal licence receipt is to be provided to the local\ngovernment;\n(m) hold a third party insurance policy for the vessel housed in the pen or pen system;\n\n","sortOrder":9},{"sectionNumber":"3568","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 October 2020","content":"3568 GOVERNMENT GAZETTE, WA 6 October 2020\n(n) provide a copy of the third party insurance policy upon request; and\n(o) comply with all conditions attaching to the licence.\n(2) During the term of the licence, the licensee shall not—\n(a) permit any vessel other than the one described in the licence to use or to occupy the pen\nwithout the prior written, consent of the local government;\n(b) bring, deposit or release or permit to be bought, deposited or released any black water, raw\nsewerage, oil or fuel, fish products including fish carcases (but excluding bait), shells and\noffal, whether solid or liquid, and regardless of whether or not it is dangerous, polluting or\nnoxious in nature, into or within the pen or the waters surrounding the pen. This does not\nprohibit a person from—\n(i) washing down their vessel, the pen, or the adjacent jetty or walkway, provided no non-\nbiodegradable chemicals or cleaning agents are used; and\n(ii) cleaning fish on board their vessel or at any designated area for cleaning fish within\nthe pen system;\n(iii) bringing fuel in approved containers onto or within the pen system for the purposes of\nrefuelling.\n(c) store or keep, or permit to be stored or kept, on or in any vessel in the pen, or the pen system,\nany inflammable substance except that which is contained in tanks or lines which either form\na permanent part of a vessel or which comply with the\nUniform Shipping Laws Code 1981\n(Cth) and the relevant regulations created under the\nWestern Australian Marine Act 1982\n(WA);\n(d) do or leave undone, or cause or permit to be done or left undone, in or upon the pen any act or\nthing which may—\n(i) cause damage; or\n(ii) become a nuisance, annoyance or inconvenience,\nto other users of the pen-system;\n(e) cause the entrance gate to the pen system to be held open by any manner whatsoever;\n(f) permit any animals to stray in or on any part of the pen system;\n(g) without the prior written consent of the local government, make any alteration or addition to\nthe pen or any part thereof;\n(h) without the prior written consent of the local government, affix or exhibit, or cause or permit\nto be affixed or exhibited, on any part of the pen or vessel any poster, sign or advertisement\nother than a vessel’s registration numbers and name;\n(i) without the prior written consent of the local government, carry out or permit to be carried\nout any major structural work to the vessel in the pen or pen system;\n(j) operate or permit to be operated any noisy, noxious or objectionable engines, radios or other\napparatus or machinery within the pen, so as to cause any nuisance or annoyance to another\nuser of the pen system;\n(k) provide any person with the key (or any copy, duplicate or replica of the key) giving access to\nthe pen system;\n(l) leave the vessel unattended in such a manner as to prevent the movement of another vessel\nin or out of its pen, or obstruct the movement of vessels in the pen system;\n(m) engage a vessel’s propulsion system while secured to a pen or pen system except when\nalighting (leaving/arriving) from the pen or carrying out mechanical repairs or testing; or\n(n) without the prior written consent of the local government, sub-lease the pen to a third party\n(this does not include names that appear as silent partners).\n3.6 General prohibitions\n(1) A person shall not swim in the pen system without having first obtained written consent from the\n(2) A person shall not perform underwater repairs or hull cleaning in the pen system;\n(3) A person shall use power points and water taps provided within the pen system only with the\nappropriate connections and for the purpose of minor maintenance, and ensure all power cords are\ntagged and tested and in good order and repair, and not placed in the water.\n(4) A person shall not without obtaining the prior written consent of the local government, use a—\n(a) power point for longer than 3 hours; or\n(b) water tap for longer than 30 minutes,\nin a 24 hour period commencing at midnight.\n(3) A person shall not use a gidgee or spear gun in a pen system.\n3.7 Right of entry and execution of repairs\n(a) An authorised person may, at any reasonable time during the term of the licence, enter upon\nand view the condition of the pen, the vessel and any mooring dolphins, buoys and lines or\nany part thereof.\n(b) An authorised person may give to the licensee a notice in writing requiring the licensee to\nexecute any repairs and works within a stipulated time period that, in the reasonable opinion\nof the authorised person, are necessary to any of the things referred to in clause 3.7(a).\n\n6 October 2020 GOVERNMENT GAZETTE, WA 3569\n(c) The licensee shall execute all repairs and works required to be done within a reasonable time\nperiod by written notice given by an authorised person.\n(d) If the licensee does not, within the time specified in any notice issued under this clause,\ncomplete the repairs and works required in the notice, an authorised person may enter the\nmooring pen and complete the repairs and works required in the notice.\n(e) The cost of any repairs and works undertaken by the local government under clause 3.7(d)\nshall be a debt due to the local government payable by the licensee.\n(f) An authorised person may, at any reasonable time enter a pen for the purpose of making\nsurveys or carrying out any works the local government may deem to be necessary without\npaying to the licensee any compensation, although any work shall be carried out with, the\nleast inconvenience possible to the licensee.\n(g) An authorised person may enter a pen or a vessel, at any time when, in the reasonable\ndiscretion of the authorised person, an emergency exists.\n3.8 Removal of vessel\n(1) An authorised person may, in any of the circumstances mentioned in Clause 4.8, move or cause to\nbe moved any vessel located within a pen.\n(2) The costs of moving a vessel under this clause shall be a debt due to the local government, payable\nby the licensee.\n3.9 Termination of licence\n(1) The local government may, on twenty-one (21) days written notice to the licensee, terminate a\nlicence granted under clause 3.1 in the event of—\n(a) the annual service fee or any part thereof, payable by a licensee being in arrears for one\ncalendar month after becoming due and payable; or\n(b) any default by a licensee in the due observance and performance of any of the requirements\ncontained in this Local Law or any condition of the licence.\n(2) Termination of a licence pursuant to this clause will not prejudice the local government’s rights,\npowers and remedies in relation to any fee or other monies owed as a debt due to the local\ngovernment under this Local Law or in relation to penalties for breach of this Local Law.\n(3) Upon the expiration or earlier termination of a licence granted under clause 3.1(1), the licensee\nshall remove the vessel from the pen within 7 days. If the licensee fails to remove the vessel within\n7 days, the local government may remove and store the vessel and the costs of removing and storing\nthe vessel shall be a debt due to the local government payable by the licensee.\n(4) Where a licence is terminated in accordance with clause 3.9 reapplication by the person holding\nthe licence, either as a licence holder or silent partner, shall not be considered for a period of\n12 months from effect of the licence termination\n(5) In the event of a licensee discontinuing the use of the pen he or she shall not be entitled to a\nrefund of that part of any fee paid by the licensee in respect of a licence, the service fee or any other\nfees that may apply from time to time.\n(6) In the event of a breach by the licensee of any of the provisions of this Local Law, the licensee’s\nvessel may be removed, impounded and disposed of in accordance with Part 3, Division 3,\n","sortOrder":10},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"of the Act.","content":"Subdivision 4 of the Act.\nPART 4—GENERAL PROVISIONS\n4.1 Fees and charges\nFees and charges may be imposed by the local government for the purposes of this Local Law in\naccordance with the requirements of sections 6.16 to 6.19.\n4.2 Recovery of debt due\nWherever this Local Law refers to a debt due to the local government, that amount may be recovered\nby the local government in a court of competent jurisdiction.\n4.3 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 a 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\nnot exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not\nexceeding $500 for each day or part of a day during which the offence has continued.\n(3) An offence against any provision of this Local Law is a prescribed offence for the purpose of\nsection 9.16(1) of the Act.\n(4) The modified penalty for an offence against any provision of this Local Law is $150.\n4.4 Costs of repair\nAny person who causes damage to a jetty, bridge or pen under the care, control and management of\nthe local government, whether or not they are committing an offence under this Local Law, shall pay\nthe costs of repairing any damage caused to the local government.\n\n","sortOrder":11},{"sectionNumber":"3570","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 6 October 2020","content":"3570 GOVERNMENT GAZETTE, WA 6 October 2020\n4.5 Appointment of an authorised person\nThe local government may appoint authorised persons under section 9.10 of the Act to perform any of\nthe functions of an authorised person under this Local Law.\n4.6 Designated areas\n(1) An authorised person may designate, and appropriately identify, a particular area on or within a\nbridge, jetty, swimming structure, or pen system, to be used for a particular purpose.\n(2) Subject to conditions that may be imposed by relevant Acts and associated Regulations (for\nexample: a use or activity not allowed under Part 2 of the local law, may be approved with\nappropriate controls and a defined area).\n4.7 Breach/Termination Notice\nUnder a breach of the licensee’s obligations prescribed in part 3, that results in a termination notice a\nperson will have 28 days to remove the vessel and all fixtures and fittings from the pen.\n4.8 When an authorised person can act\nNotwithstanding the powers and functions of the authorised officer prescribed in parts 1, 2 and 3, no\naction shall be taken by an authorised officer unless such action is related to—\n(a) an inspection that serves to either verify compliance or remedy non-compliance with the\nconditions of the Local Law;\n(b) the rectification of a situation that could reasonably be expected to lead to either damage to\nprivate or public property or threaten personal safety; or\n(c) The overall efficient and effective management of the facility.\n4.9 Objection and appeal rights\nWhen the local government makes a decision as to whether it will—\n(a) grant a person a licence under this local law; or\n(b) renew, vary, or cancel a licence that a person has under this local law,\nthe provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations shall apply to\nthat decision.\nPART 5—DETERMINATIONS IN RESPECT OF JETTIES AND SWIMMING STRUCTURES\n5.1 Determinations as to use local government property\n(1) The local government may make a determination in accordance with clause 5.2—\n(a) setting aside specified local government property for the pursuit of approved activities, such\nas swimming and/or fishing;\n(b) prohibiting a person from pursuing an activity on specified local government property; and\n(c) as to any matter ancillary or necessary to give effect to a determination.\n(2) The determinations in Schedule 1—\n(a) are to be taken to have been made in accordance with clause 5.2;\n(b) may be amended or revoked in accordance with clause 5.6; and\n(c) have effect on the commencement day.\n5.2 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(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\n6 October 2020 GOVERNMENT GAZETTE, WA 3571\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.\n5.3 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.\n5.4 Determination to be complied with\nA person shall comply with a determination.\n5.5 Register of determinations\n(1) The local government is to keep a register of determinations made under clause 5.1, and of any\namendments to or revocations of determinations made under clause 5.6.\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.\n5.6 Amendment or revocation of a determination\n(1) The Council may amend or revoke a determination.\n(2) The provisions of clause 5.2 are to apply to an amendment of a determination as if the amendment\nwere 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\nDETERMINATIONS IN RESPECT OF JETTIES AND SWIMMING STRUCTURES\nLocation Description Determination of Use\nEmu Point Boat Pens—Lot 350, 7031 Swarbrick\nStreet, Emu Point WA.\nNo swimming from structures within the\nsecurity controlled boat pen area.\nEmu Point Swimming Structure—Lot 1461, Roe\nParade, Emu Point WA.\nNo fishing on the swimming structure.\nEllen Cove Swimming Enclosure and Swimming\nPlatform—The coastal boundary of Lot 1474,\nFlinders Parade, Middleton Beach WA.\nNo fishing permitted from the beach, in the\narea bounded by the Ellen Cove Swimming\nEnclosure.\nEllen Cove Jetty—The coastal boundary of\nLot 651, 2 Flinders Parade, Middleton Beach\nWA.\nSwimming permitted from the Jetty.\nFishing permitted from the Jetty.\n————\nDated this 14th day of September, 2020.\nThe Common Seal of the\nCity 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\nPERTH, WEDNESDAY, 7 OCTOBER 2020 No. 170 SPECIAL\nMEETINGS PROCEDURE\nLOCAL LAW 2020\n\n","sortOrder":12},{"sectionNumber":"7","sectionType":"section","heading":"October 2020 GOVERNMENT GAZETTE, WA 3575","content":"7 October 2020 GOVERNMENT GAZETTE, WA 3575\nMEETINGS PROCEDURE LOCAL LAW 2020\nTABLE OF CONTENTS\n1.3 Application and intent\n1.4 Interpretation\n1.5 Repeal\nPART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES\n2.1 Establishment of committees\n2.2 Types of committees\n2.3 Delegation of some powers and duties to certain committees\n2.4 Limits on delegation of powers and duties to certain committees\n2.5 Appointment of committee members\n2.6 Tenure of committee membership\n2.7 Resignation of committee members\n2.8 Register of delegations to committees\n2.9 Committees to report\nPART 3—CALLING AND CONVENING MEETINGS\n3.1 Ordinary and special Council meetings\n3.2 Calling Council meetings\n3.3 Convening Council meetings\n3.4 Calling committee meetings\n3.5 Public notice of meetings\nPART 4—PRESIDING MEMBER AND QUORUM\n","sortOrder":13},{"sectionNumber":"Div 1","sectionType":"division","heading":"Who presides","content":"Division 1—Who presides\n4.1 Who presides\n4.2 When the Deputy President can act\n4.3 Who acts if no President\n4.4 Election of Presiding Members of committees\n4.5 Election of Deputy Presiding Members of committees\n4.6 Functions of Deputy Presiding Members\n4.7 Who acts if no Presiding Member\n","sortOrder":14},{"sectionNumber":"Div 2","sectionType":"division","heading":"Quorum","content":"Division 2—Quorum\n4.8 Quorum for meetings\n4.9 Reduction of quorum for Council meetings\n4.10 Reduction of quorum for committee meetings\n4.11 Procedure where no quorum to begin a meeting\n4.12 Procedure where quorum not present during a meeting\n4.13 Names to be recorded\nPART 5—BUSINESS OF A MEETING\n5.1 Business to be specified\n5.2 Order of business\n5.3 Motions of which previous notice has been given\n5.4 New business of an urgent nature\n5.5 Adoption by exception resolution\n\n","sortOrder":15},{"sectionNumber":"3576","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 7 October 2020","content":"3576 GOVERNMENT GAZETTE, WA 7 October 2020\n","sortOrder":16},{"sectionNumber":"Part 6","sectionType":"part","heading":"PUBLIC PARTICIPATION","content":"PART 6—PUBLIC PARTICIPATION\n6.1 Meetings generally open to the public\n6.2 Meetings not open to the public\n6.3 Question time for the public\n6.4 Question time for the public at certain meetings\n6.5 Minimum question time for the public\n6.6 Procedures for question time for the public\n6.7 Other procedures for question time for the public\n6.8 Distinguished visitors\n6.9 Deputations\n6.10 Petitions\n6.11 Presentations\n6.12 Participation at committee meetings\n6.13 Council may meet to hear public submissions\n6.14 Public inspection of agenda materials\n6.15 Confidentiality of information withheld\n6.16 Recording of proceedings\n6.17 Prevention of disturbance\n","sortOrder":17},{"sectionNumber":"Part 7","sectionType":"part","heading":"CONDUCT OF MEMBERS","content":"PART 7—CONDUCT OF MEMBERS\n7.1 Members to be in their proper places\n7.2 Respect to the Presiding Member\n7.3 Titles to be used\n7.4 Advice of entry or departure\n7.5 Members to indicate their intention to speak\n7.6 Priority of speaking\n7.7 Presiding Member may take part in debates\n7.8 Relevance\n7.9 Speaking twice\n7.10 Duration of speeches\n7.11 No speaking after conclusion of debate\n7.12 No interruption\n7.13 Personal explanations\n7.14 No reopening of discussion\n7.15 Adverse reflection\n7.16 Withdrawal of offensive language\n","sortOrder":18},{"sectionNumber":"Part 8","sectionType":"part","heading":"PRESERVING ORDER","content":"PART 8—PRESERVING ORDER\n8.1 Presiding Member to preserve order\n8.2 Point of order\n8.3 Procedures on a point of order\n8.4 Calling attention to breach\n8.5 Ruling by the Presiding Member\n8.6 Continued breach of order\n8.7 Right of Presiding Member to adjourn\n","sortOrder":19},{"sectionNumber":"Part 9","sectionType":"part","heading":"DEBATE OF SUBSTANTIVE MOTIONS","content":"PART 9—DEBATE OF SUBSTANTIVE MOTIONS\n9.1 Motions to be stated\n9.2 Motions to be supported\n9.3 Unopposed business\n9.4 Only one substantive motion at a time\n9.5 Order of call in debate\n9.6 Limit of debate\n9.7 Member may require motion to be read\n9.8 Consent of seconder required for alteration\n9.9 Order of amendments\n9.10 Form of an amendment\n9.11 Amendment must not negate original motion\n9.12 Relevance of amendments\n9.13 Mover of motion may speak on amendment\n9.14 Effect of an amendment\n9.15 Withdrawal of motion or amendment\n9.16 Right of reply\n","sortOrder":20},{"sectionNumber":"Part 10","sectionType":"part","heading":"PROCEDURAL MOTIONS","content":"PART 10—PROCEDURAL MOTIONS\n10.1 Permissible procedural motions\n10.2 No debate\n10.3 Who may move\n10.4 Procedural motions—right of reply on substantive motion\n10.5 Debate to be adjourned\n10.6 Meeting now adjourn\n10.7 Motion to be put\n10.8 Member to be no longer heard\n10.9 Ruling of the Presiding Member to be disagreed with\n\n7 October 2020 GOVERNMENT GAZETTE, WA 3577\nPART 11—DISCLOSURE OF INTERESTS\n11.1 Disclosure of interests\nPART 12—VOTING\n12.1 Motion—when put\n12.2 Voting\n12.3 Majorities required for decisions\n12.4 Method of taking vote\n","sortOrder":21},{"sectionNumber":"Part 13","sectionType":"part","heading":"MINUTES OF MEETINGS","content":"PART 13—MINUTES OF MEETINGS\n13.1 Keeping of minutes\n13.2 Content of minutes\n13.3 Public inspection of unconfirmed minutes\n13.4 Confirmation of minutes\n","sortOrder":22},{"sectionNumber":"Part 14","sectionType":"part","heading":"ADJOURNMENT OF MEETING","content":"PART 14—ADJOURNMENT OF MEETING\n14.1 Meeting may be adjourned\n14.2 Effect of adjournment\n","sortOrder":23},{"sectionNumber":"Part 15","sectionType":"part","heading":"REVOKING OR CHANGING DECISIONS","content":"PART 15—REVOKING OR CHANGING DECISIONS\n15.1 Requirements to revoke or change decisions\n15.2 Limitations on powers to revoke or change decisions\n15.3 Implementing a decision\n","sortOrder":24},{"sectionNumber":"Part 16","sectionType":"part","heading":"SUSPENSION OF LOCAL LAWS","content":"PART 16—SUSPENSION OF LOCAL LAWS\n16.1 Suspension of local laws\n16.2 Where local laws do not apply\n","sortOrder":25},{"sectionNumber":"Part 17","sectionType":"part","heading":"MEETINGS OF ELECTORS","content":"PART 17—MEETINGS OF ELECTORS\n17.1 Electors’ general meetings\n17.2 Matters for discussion at electors’ general meetings\n17.3 Electors’ special meetings\n17.4 Requests for electors’ special meetings\n17.5 Convening electors’ meetings\n17.6 Who presides at electors’ meetings\n17.7 Procedure for electors’ meetings\n17.8 Participation of non-electors\n17.9 Voting at electors’ meetings\n17.10 Minutes of electors’ meetings\n17.11 Decisions made at electors’ meetings\n","sortOrder":26},{"sectionNumber":"Part 18","sectionType":"part","heading":"ENFORCEMENT","content":"PART 18—ENFORCEMENT\n18.1 Penalty for breach\n18.2 Who can prosecute\n\n7 October 2020 GOVERNMENT GAZETTE, WA 3579\nMEETINGS PROCEDURE LOCAL LAW 2020\nLocal Government Act 1995 and under all other relevant powers,\nthe Shire of Broome resolved on 23 September 2020 to make the following local law.\nThis local law may be cited as the\nShire of Broome Meetings Procedures Local Law 2020.\nThis local law comes into operation 14 days after the date of their publication in the\nGovernment\nGazette.\n1.3 Application and intent\n(1) This local law provides rules and guidelines which apply to the conduct of meetings of the Council\nand its committees and to meetings of electors.\n(2) All meetings are to be conducted in accordance with the Act, the Regulations and this local law.\n(3) This local law is intended to result in—\n(a) better decision-making by the Council and committees;\n(b) the orderly conduct of meetings dealing with Council business;\n(c) better understanding of the process of conducting meetings; and\n(d) the more efficient and effective use of time at meetings.\n1.4 Interpretation\n(1) In this local law unless the context otherwise requires—\nabsolute majority has the meaning given to it in the Act;\nCEO means the Chief Executive Officer of the local government;\ncommittee means a committee of the Council established under section 5.8 of the Act;\ncommittee meeting means a meeting of a committee;\nCouncil means the Council of the Shire of Broome;\nDistrict means the district of the local government;\nLocal Government means the Shire of Broome;\nmeeting means a meeting of the Council or a committee, as the context requires;\nMember has the meaning given to it in the Act;\nPresident means the President of the local government or other Presiding Member at a Council\nmeeting under section 5.6 of the Act;\nPresiding Member means—\n(a) in respect of the Council, the person presiding under section 5.6 of the Act; and\n(b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of\nthe Act;\nRegulations means the\nLocal Government (Administration) Regulations 1996;\nsimple majority means more than 50% of the members present and voting; and,\nsubstantive motion means an original motion or an original motion as amended but does not\ninclude an amendment or a procedural motion.\n(2) Unless otherwise defined in this local law, the terms and expressions used in this local law are to\nhave the meaning given to them in the Act and Regulations.\n\n","sortOrder":27},{"sectionNumber":"3580","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 7 October 2020","content":"3580 GOVERNMENT GAZETTE, WA 7 October 2020\n1.5 Repeal\nThis local law repeals the\nShire of Broome Standing Orders Local Law 2003 as published in the\nGovernment Gazette on 28 November 2003 and as amended in the\nGovernment Gazette on 30 July\n2004 and 31 July 2012.\nPART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES\n2.1 Establishment of committees\n(1) The establishment of committees is dealt with in the Act.\n(2) A Council resolution to establish a committee under section 5.8 of the Act is to include—\n(a) the terms of reference of the committee;\n(b) the number of council members, officers and other persons to be appointed to the committee;\n(c) the names or titles of the council members and officers to be appointed to the committee;\n(d) the names of other persons to be appointed to the committee or an explanation of the\nprocedure to be followed to determine the appointments; and\n(e) details of the delegation of any powers or duties to the committee under section 5.16 of the\nAct.\n(3) This local law is to apply to the conduct of committee meetings.\n2.2 Types of committees\nThe types of committees are dealt with in the Act.\n2.3 Delegation of some powers and duties to certain committees\nThe delegation of some powers and duties to certain committees is dealt with in the Act.\n2.4 Limits on delegation of powers and duties to certain committees\nThe limits on the delegation of powers and duties to certain committees are dealt with in the Act.\n2.5 Appointment of committee members\nThe appointment of committee members is dealt with in the Act.\n2.6 Tenure of committee membership\nTenure of committee membership is dealt with in the Act.\n2.7 Resignation of committee members\nThe resignation of committee members is dealt with in the Regulations.\n2.8 Register of delegations to committees\nThe register of delegations to committees is dealt with in the Act.\n2.9 Committees to report\nA committee—\n(a) is answerable to the Council; and\n(b) is to report on its activities when, and to the extent, required by the Council.\nPART 3—CALLING AND CONVENING MEETINGS\n3.1 Ordinary and special Council meetings\n(1) Ordinary and special Council meetings are dealt with in the Act.\n(2) An ordinary meeting of the Council, held on a monthly basis or otherwise as determined by the\nCouncil, is for the purpose of considering and dealing with the ordinary business of the Council.\n(3) A special meeting of the Council is held for the purpose of considering and dealing with Council\nbusiness that is urgent, complex in nature, for a particular purpose or confidential.\n3.2 Calling Council meetings\nThe calling of Council meetings is dealt with in the Act.\n3.3 Convening Council meetings\n(1) The convening of a Council meeting is dealt with in the Act.\n(2) Subject to subclause (3), the CEO is to give at least 72 hours notice, for the purposes of section 5.5\nof the Act, in convening a special meeting of the Council.\n(3) Where, in the opinion of the President or at least one-third of the Members, there is a need to meet\nurgently, the CEO may give a lesser period of notice of a special Council meeting.\n3.4 Calling committee meetings\nThe CEO is to call a meeting of any committee when requested by the President, the Presiding\nMember of a committee or any two members of that committee.\n3.5 Public notice of meetings\nPublic notice of meetings is dealt with in the Regulations.\n\n7 October 2020 GOVERNMENT GAZETTE, WA 3581\nPART 4—PRESIDING MEMBER AND QUORUM\nDivision 1—Who presides\n4.1 Who presides\nWho presides at a Council meeting is dealt with in the Act.\n4.2 When the Deputy President can act\nWhen the Deputy President can act is dealt with in the Act.\n4.3 Who acts if no President\nWho acts if there is no President is dealt with in the Act.\n4.4 Election of Presiding Members of committees\nThe election of Presiding Members of committees and their deputies is dealt with in the Act.\n4.5 Election of Deputy Presiding Members of committees\nThe election of Deputy Presiding Members of committees is dealt with in the Act.\n4.6 Functions of Deputy Presiding Members\nThe functions of Deputy Presiding Members are dealt with in the Act.\n4.7 Who acts if no Presiding Member\nWho acts if no Presiding Member is dealt with in the Act.\nDivision 2—Quorum\n4.8 Quorum for meetings\nThe quorum for meetings is dealt with in the Act.\n4.9 Reduction of quorum for Council meetings\nThe power of the Minister to reduce the number for a quorum and certain majorities is dealt with in\nthe Act.\n4.10 Reduction of quorum for committee meetings\nThe reduction of a quorum for committee meetings is dealt with in the Act.\n4.11 Procedure where no quorum to begin a meeting\nThe procedure where there is no quorum to begin a meeting is dealt with in the Regulations.\n4.12 Procedure where quorum not present during a meeting\nIf at any time during a meeting a quorum is not present, the Presiding Member is—\n(a) immediately to suspend the proceedings of the meeting for a period of up to 15 minutes; and\n(b) if a quorum is not present at the expiry of that period, the Presiding Member is to adjourn the\nmeeting to some future time or date.\n4.13 Names to be recorded\nAt any meeting—\n(a) at which there is not a quorum present; or\n(b) which is adjourned for want of a quorum,\nthe names of the Members then present are to be recorded in the minutes.\nPART 5—BUSINESS OF A MEETING\n5.1 Business to be specified\n(1) No business is to be transacted at any ordinary meeting of the Council other than that specified in\nthe agenda, without the approval of the Presiding Member or the Council.\n(2) No business is to be transacted at a special meeting of the Council other than that given in the\nnotice as the purpose of the meeting.\n(3) Subject to subclause (4), no business is to be transacted at an adjourned meeting of the Council\nother than that—\n(a) specified in the notice of the meeting which had been adjourned; and\n(b) which remains unresolved.\n(4) Where a meeting is adjourned to the next ordinary meeting of the Council then, unless the Council\nresolves otherwise, the business unresolved at the adjourned meeting is to be dealt with before\nconsidering Reports (Item 10) at that ordinary meeting.\n5.2 Order of business\n(1) Unless otherwise decided by the Council the order of business at any ordinary meeting of the\nCouncil is to be as follows—\n1. Declaration of Opening/Announcement of Visitors\n2. Announcements from the Presiding Member\n\n","sortOrder":28},{"sectionNumber":"3582","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 7 October 2020","content":"3582 GOVERNMENT GAZETTE, WA 7 October 2020\n3. Attendance\n3.1 Apologies\n3.2 Approved leave of absence\n4. Declaration of interest\n5. Public Question Time\n5.1 Response to previous public questions taken on notice\n5.2 Public question time\n6. Applications for leave of absence\n7. Confirmation of minutes\n8. Presentations\n8.1 Petitions\n8.2 Presentations\n8.3 Deputations\n8.4 Delegates’ reports\n9. Method of dealing with agenda business\n10. Reports\n11. Motions of which previous notice has been given\n12. Questions from Members without notice\n13. New business of an urgent nature introduced by decision of the meeting\n14. Meeting closed to public\n14.1 Matters for which the meeting may be closed\n14.2 Public reading of resolutions that may be made public\n15. Closure\n(2) Unless otherwise decided by the Council, the order of business at any special meeting of the\nCouncil is to be the order in which that business stands in the agenda of the meeting.\n(3) In determining the order of business for any meeting of the Council, the provisions of the Act and\nRegulations relating to the time at which public question time is to be held are to be observed. [See\nsection 5.24 of the Act; and regulations 6 and 7 of the Regulations]\n5.3 Motions of which previous notice has been given\n(1) Unless the Act, Regulations or this local law otherwise provide, a Member may raise at a meeting\nsuch business as he or she considers appropriate, in the form of a motion, of which notice has been\ngiven in writing to the CEO and which has been included on the agenda.\n(2) A notice of motion under subclause (1) is to be given at least 7 clear working days before the\nmeeting at which the motion is moved.\n(3) A notice of motion is to relate to the good governance of the district.\n(4) The CEO—\n(a) may, with the concurrence of the President, exclude from the notice paper any notice of\nmotion deemed to be, or likely to involve, a breach of any of this local law or any other written\nlaw;\n(b) will inform Members on each occasion that a notice has been excluded and the reasons for\nthat exclusion;\n(c) may, after consultation with the Member where this is practicable, make such amendments\nto the form but not the substance as will bring the notice of motion into due form; and\n(d) may provide to the Council relevant and material facts and circumstances pertaining to the\nnotice of motion on such matters as policy, budget and law.\n(5) A motion of which notice has been given is to lapse unless—\n(a) the Member who gave notice of it, or some other Member authorised by the originating\nMember in writing, moves the motion when called on; or\n(b) the Council on a motion agrees to defer consideration of the motion to a later stage or date.\n(6) If a notice of motion is given and lapses under subclause (5), notice of a motion in the same terms\nor to the same effect is not to be given again for at least 3 months from the date of such lapse.\n5.4 New business of an urgent nature\n(1) In cases of extreme urgency or other special circumstances, matters may, on a motion by the\nPresiding Member that is carried by the meeting, be raised without notice and decided by the\nmeeting.\n(2) In subclause (1), ‘cases of extreme urgency or other special circumstances’ means matters that\nhave arisen after the preparation of the agenda that are considered by the Presiding Member to be of\nsuch importance and urgency that they are unable to be dealt with administratively by the local\ngovernment and must be considered and dealt with by the Council before the next meeting.\n5.5 Adoption by exception resolution\n(1) In this clause ‘adoption by exception resolution’ means a resolution of the Council that has the\neffect of adopting, for a number of specifically identified reports, the officer recommendation as the\nCouncil resolution.\n(2) Subject to subclause (3), the local government may pass an adoption by exception resolution.\n(3) An adoption by exception resolution may not be used for a matter—\n(a) that requires an absolute majority;\n\n7 October 2020 GOVERNMENT GAZETTE, WA 3583\n(b) in which a financial, proximity or indirect financial interest has been disclosed;\n(c) that has been the subject of a petition or deputation;\n(d) that is a matter on which a Member wishes to make a statement; or\n(e) that is a matter on which a Member wishes to move a motion that is different to the\nrecommendation.\nPART 6—PUBLIC PARTICIPATION\n6.1 Meetings generally open to the public\nMeetings being generally open to the public is dealt with in the Act.\n6.2 Meetings not open to the public\n(1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members\nof the public.\n(2) The Council or a committee, in one or more of the circumstances dealt with in the Act, may at any\ntime, by resolution, decide to close a meeting or part of a meeting.\n(3) If a resolution under subclause (2) is carried—\n(a) the Presiding Member is to direct everyone to leave the meeting except—\n(i) the Members;\n(ii) the CEO; and\n(iii) any Officer specified by the Presiding Member; and\n(b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the\nclosure of the meeting to the public, the Council or the committee, by resolution, decides\notherwise.\n(4) A person who fails to comply with a direction under subclause (3)(a) may, by order of the Presiding\nMember, be removed from the meeting.\n(5) While the resolution under subclause (2) remains in force, the operation of clause 7.9 is to be\nsuspended until the Council or the committee, by resolution, decides otherwise.\n(6) A resolution under this clause may be made without notice.\n(7) Unless the Council resolves otherwise, once the meeting is reopened to members of the public, the\nPresiding Member is to ensure that any resolution of the Council made while the meeting was closed\nis to be read out including a vote of a Member to be included in the minutes.\n6.3 Question time for the public\nQuestion time for the public is dealt with in the Act.\n6.4 Question time for the public at certain meetings\nQuestion time for the public at certain meetings is dealt with in the Regulations.\n6.5 Minimum question time for the public\nMinimum question time for the public is dealt with in the Regulations.\n6.6 Procedures for question time for the public\nProcedures for question time for the public are dealt with in the Regulations.\n6.7 Other procedures for question time for the public\n(1) A member of the public who raises a question during question time, is to state his or her name and\naddress.\n(2) A question may be taken on notice by the Council for later response.\n(3) When a question is taken on notice the CEO is to ensure that—\n(a) a response is given to the member of the public in writing; and\n(b) a summary of the response is included in the agenda of the next meeting of the Council.\n(4) Where a question relating to a matter in which a relevant person has an interest is directed to the\nrelevant person, the relevant person is to—\n(a) declare that he or she has an interest in the matter; and\n(b) allow another person to respond to the question.\n(5) Each member of the public with a question is entitled to ask up to 2 questions before other\nmembers of the public will be invited to ask their questions.\n(6) Where a member of the public provides written questions then the Presiding Member may elect for\nthe questions to be responded to as normal business correspondence.\n(7) The Presiding Member may decide that a public question shall not be responded to where—\n(a) the same or similar question was asked at a previous meeting, a response was provided and\nthe member of the public is directed to the minutes of the meeting at which the response was\nprovided;\n(b) the member of the public uses public question time to make a statement, provided that the\nPresiding Member has taken all reasonable steps to assist the member of the public to phrase\nthe statement as a question; or\n\n","sortOrder":29},{"sectionNumber":"3584","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 7 October 2020","content":"3584 GOVERNMENT GAZETTE, WA 7 October 2020\n(c) the member of the public asks a question that is offensive or defamatory in nature, provided\nthat the Presiding Member has taken all reasonable steps to assist the member of the public\nto phrase the question in a manner that is not offensive or defamatory.\n(8) A member of the public shall have two minutes to submit a question.\n(9) The Council, by resolution, may agree to extend public question time.\n(10) Where an answer to a question is given at a meeting, a summary of the question and the answer\nis to be included in the minutes.\n6.8 Distinguished visitors\nIf a distinguished visitor is present at a meeting of the Council, the Presiding Member may\nacknowledge the presence of the distinguished visitor at an appropriate time during the meeting, and\nthe presence of that visitor shall be recorded in the minutes.\n6.9 Deputations\n(1) Any person or group wishing to be received as a deputation by the Council is to either—\n(a) apply, before the meeting, to the CEO for approval; or\n(b) with the approval of the Presiding Member, at the meeting, address the Council.\n(2) The CEO may either—\n(a) approve the request and invite the deputation to attend a meeting of the Council; or\n(b) refer the request to the Council to decide by simple majority whether or not to receive the\ndeputation.\n(3) Unless the council resolves otherwise, a deputation invited to attend a Council meeting—\n(a) is not to exceed 5 persons, only 2 of whom may address the Council, although others may\nrespond to specific questions from Members;\n(b) is not to address the Council for a period exceeding 10 minutes without the agreement of the\nCouncil; and,\n(c) additional members of the deputation may be allowed to speak with the leave of the Presiding\nMember.\n(4) Any matter which is the subject of a deputation to the Council is not to be decided by the Council\nuntil the deputation has completed its presentation.\n6.10 Petitions\n(1) A petition is to—\n(a) be addressed to the President;\n(b) be made by electors of the district;\n(c) state the request on each page of the petition;\n(d) contain the name, address and signature of each elector making the request, and the date\neach elector signed;\n(e) contain a summary of the reasons for the request; and\n(f) state the name of the person to whom, and an address at which, notice to the petitioners can\nbe given.\n(2) Upon receiving a petition, the local government is to submit the petition to the relevant officer to\nbe included in his or her deliberations and report on the matter that is the subject of the petition.\n(3) At any meeting, the Council is not to vote on any matter that is the subject of a petition presented\nto that meeting, unless—\n(a) the matter is the subject of a report included in the agenda; and\n(b) the Council has considered the issues raised in the petition.\n6.11 Presentations\n(1) In this clause, a “presentation” means the acceptance of a gift or an award by the Council on\nbehalf of the local government or the community.\n(2) A presentation may be made to the Council at a meeting only with the prior approval of the CEO.\n6.12 Participation at committee meetings\n(1) In this clause a reference to a person is to a person who—\n(a) is entitled to attend a committee meeting;\n(b) attends a committee meeting; and\n(c) is not a member of that committee.\n(2) Without the consent of the Presiding Member, no person is to address a committee meeting.\n(3) The Presiding Member of a committee may allow a person to make an oral submission to the\ncommittee for up to 3 minutes.\n(4) A person addressing the committee with the consent of the Presiding Member is to cease that\naddress immediately after being directed to do so by the Presiding Member.\n(5) A person who fails to comply with a direction of the Presiding Member under subclause (4) may, by\norder of the Presiding Member, be removed from the committee room.\n\n7 October 2020 GOVERNMENT GAZETTE, WA 3585\n(6) The Council may make a policy dealing with the circumstances in which a person may be given\nconsent to address a committee meeting.\n6.13 Council may meet to hear public submissions\n(1) Where an item on the agenda at a Council meeting is contentious and is likely to be the subject of\na number of deputations, the Council may resolve to meet at another time to provide a greater\nopportunity to be heard.\n(2) The CEO and the President shall set the time and date of the meeting to provide the opportunity\nto be heard.\n(3) Where the Council resolves to meet to provide the opportunity to be heard under subclause (1), the\nPresiding Member shall—\n(a) instruct the CEO to provide local public notice of the time and date when the Council will\nmeet to provide an opportunity to be heard;\n(b) provide a written invitation to attend the meeting to provide the opportunity to be heard to\nall members of the public who have applied under clause 6.9 to make a deputation on the\nissue; and\n(c) cause minutes to be kept of the meeting to provide the opportunity to be heard.\n(4) A meeting held under subclause (1) shall be conducted only to hear submissions. The council shall\nnot make resolutions at a meeting to provide the opportunity to be heard.\n(5) At a meeting held under subclause (1), each person making a submission shall be provided with\nthe opportunity to fully state his or her case.\n(6) A member of the public shall be limited to 10 minutes in making an oral submission, but this\nperiod may be extended at the discretion of the Presiding Member.\n(7) Once every member of the public has had the opportunity to make a submission the Presiding\nMember is to close the meeting.\n(8) The CEO is to ensure that a report is included on the agenda of the next Council meeting\nsummarising each submission made at the meeting.\n(9) The Council must not resolve on the matter that is the subject of a meeting to provide the\nopportunity to be heard until it has received the CEO’s report under subclause (8).\n6.14 Public inspection of agenda materials\nThe right of the public to inspect the documents referred to, and in accordance with, regulation 14 of\nthe Regulations may be exercised at the Shire of Broome Administration Building and on the local\ngovernment’s website.\n6.15 Confidentiality of information withheld\n(1) Information withheld by the CEO from the public under regulation 14(2) of the Regulations is to\nbe—\n(a) identified in the agenda of a Council meeting under the item “Matters for which meeting may\nbe closed”;\n(b) marked “Confidential” in the agenda; and\n(c) kept confidential by Officers and Members until the Council resolves otherwise.\n(2) A member or an officer in receipt of confidential information under subclause (1) or information\nthat is provided or disclosed during a meeting or part of a meeting that is closed to the public is not to\ndisclose any of that information to any person other than another member or an officer to the extent\nnecessary for the purpose of carrying out his or her duties.\n(3) Subclause (2) does not apply where a member or officer discloses the information to his or her\nlawyer or government officer for the purpose of seeking advice in order to lawfully fulfil his or her role\nand responsibilities.\n6.16 Recording of proceedings\n(1) A person is not to use any electronic, visual or audio recording device or instrument to record the\nproceedings of the Council without the permission of the Presiding Member.\n(2) If the Council gives permission under subclause (1), the Presiding Member is to advise the\nmeeting, immediately before the recording is commenced, that such permission has been given and\nthe nature and extent of that permission.\n6.17 Prevention of disturbance\n(1) A reference in this clause to a person is to a person other than a member.\n(2) A person addressing the Council shall extend due courtesy and respect to the Council and the\nprocesses under which it operates and shall comply with any direction by the Presiding Member.\n(3) A person observing a meeting shall not create a disturbance at a meeting, by interrupting or\ninterfering with the proceedings, whether by expressing approval or dissent, by conversing or by any\nother means.\n(4) A person shall ensure that his or her mobile telephone or audible pager is not switched on or used\nduring any meeting of the Council.\n(5) A person shall not behave in a manner that is contrary to section 75 of the Criminal Code.\n\n","sortOrder":30},{"sectionNumber":"3586","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 7 October 2020","content":"3586 GOVERNMENT GAZETTE, WA 7 October 2020\nPART 7—CONDUCT OF MEMBERS\n7.1 Members to be in their proper places\n(1) At the first meeting held after each election day, the CEO is to allot, alphabetically by ward, a\nposition at the Council table to each Member.\n(2) Each Member is to occupy his or her allotted position at each Council meeting.\n7.2 Respect to the Presiding Member\nAfter the business of a Council has been commenced, a Member is not to enter or leave the meeting\nwithout first paying due respect to the Presiding Member.\n7.3 Titles to be used\nA speaker, when referring to the President, Deputy President or Presiding Member, or a Member or\nOfficer, is to use the title of that person’s office.\n7.4 Advice of entry or departure\nDuring the course of a meeting of the Council, a Member is not to enter or leave the meeting without\nfirst advising the Presiding Member, in order to facilitate the recording in the minutes of the time or\nentry or departure.\n7.5 Members to indicate their intention to speak\nA Member of the Council who wishes to speak is to indicate his or her intention to speak by raising\nhis or her hand or by another method agreed by the Council.\n7.6 Priority of speaking\n(1) Where two or more Members indicate, at the same time, their intention to speak, the Presiding\nMember is to decide which Member is entitled to be heard first.\n(2) A decision of the Presiding Member under subclause (1) is not open to discussion or dissent.\n(3) A Member is to cease speaking immediately after being asked to do so by the Presiding Member.\n7.7 Presiding Member may take part in debates\nThe Presiding Member may take part in a discussion of any matter before the Council, subject to\ncompliance with this local law.\n7.8 Relevance\n(1) A Member is to restrict his or her remarks to the motion or amendment under discussion, or to a\npersonal explanation or point of order.\n(2) The Presiding Member, at any time, may—\n(a) call the attention of the meeting to—\n(i) any irrelevant, repetitious, offensive or insulting language by a Member; or\n(ii) any breach of order by a Member; and\n(b) direct that Member, if speaking, to discontinue his or her speech.\n(3) A Member is to comply with the direction of the Presiding Member under subclause (2) by\nimmediately ceasing to speak.\n7.9 Speaking twice\nA Member is not to address the Council more than once on any motion or amendment except—\n(a) as the mover of a substantive motion, to exercise a right of reply;\n(b) to raise a point of order; or\n(c) to make a personal explanation.\n7.10 Duration of speeches\n(1) A Member is not to speak on any matter for more than 5 minutes without the consent of the\nCouncil which, if given, is to be given without debate.\n(2) An extension under this clause cannot be given to allow a Member’s total speaking time to exceed\n10 minutes.\n7.11 No speaking after conclusion of debate\nA Member is not to speak on any motion or amendment—\n(a) after the mover has replied; or\n(b) after the motion has been put.\n7.12 No interruption\nA Member is not to interrupt another Member who is speaking unless—\n(a) to raise a point of order;\n(b) to call attention to the absence of a quorum;\n(c) to make a personal explanation under clause 7.13; or\n(d) to move a procedural motion that the Member be no longer heard (see clause 10.1(d).\n\n7 October 2020 GOVERNMENT GAZETTE, WA 3587\n7.13 Personal explanations\n(1) A Member who wishes to make a personal explanation relating to a matter referred to by another\nMember who is then speaking is to indicate to the Presiding Member his or her intention to make a\npersonal explanation.\n(2) The Presiding Member is to determine whether the personal explanation is to be heard\nimmediately or at the conclusion of the speech by the other Member.\n(3) A Member making a personal explanation is to confine his or her observations to a succinct\nstatement relating to a specific part of the speech at which he or she may have been misunderstood.\n7.14 No reopening of discussion\nA Member is not to reopen discussion on any Council decision, except to move that the decision be\nrevoked or changed (see Part 15).\n7.15 Adverse reflection\n(1) A Member is not to reflect adversely on a decision of the Council except on a motion that the\ndecision be revoked or changed unless the meeting, resolves, without debate, that the matter before\nthe meeting cannot otherwise be adequately considered (see Part 15).\n(2) A Member is not—\n(a) to reflect adversely on the character or actions of another Member or Officer; or\n(b) to impute any motive to a Member or Officer,\nunless the meeting resolves, without debate, that the motion then before the meeting cannot\notherwise be adequately considered.\n(3) A Member is not to use offensive or objectionable expressions in reference to any Member, Officer\nor other person.\n(4) If a Member specifically requests, immediately after their use, that any particular words used by a\nMember be recorded in the minutes—\n(a) the Presiding Member is to cause the words used to be taken down and read to the meeting\nfor verification; and\n(b) the Council may, by resolution, decide to record those words in the minutes.\n7.16 Withdrawal of offensive language\n(1) A Member who, in the opinion of the Presiding Member, uses an expression which—\n(a) in the absence of a resolution under clause 7.15—\n(i) reflects adversely on the character or actions of another Member or Officer; or\n(ii) imputes any motive to a Member or Officer; or\n(b) is offensive or insulting,\nmust, when directed by the Presiding Member, withdraw the expression and make a satisfactory\napology.\n(2) If a Member fails to comply with a direction of the Presiding Member under subclause (1), the\nPresiding Member may refuse to hear the Member further on the matter then under discussion and\ncall on the next speaker.\nPART 8—PRESERVING ORDER\n8.1 Presiding Member to preserve order\n(1) The Presiding Member is to preserve order, and, whenever he or she considers necessary, may call\nany Member to order.\n(2) When the Presiding Member speaks during a debate, any Member then speaking, or indicating\nthat he or she wishes to speak, is immediately to sit down and every Member present is to preserve\nstrict silence so that the Presiding Member may be heard without interruption.\n(3) Subclause (2) is not to be used by the Presiding Member to exercise the right provided in\nclause 7.7, but to preserve order.\n8.2 Point of order\n(1) A Member may object, by way of a point of order, only to a breach of—\n(a) any of this local law; or\n(b) any other written law.\n(2) Despite anything in this local law to the contrary, a point of order—\n(a) takes precedence over any discussion; and\n(b) until determined, suspends the consideration or discussion of any other matter.\n8.3 Procedures on a point of order\n(1) A Member who is addressing the Presiding Member is not to be interrupted except on a point of\norder.\n(2) A Member interrupted on a point of order is to resume his or her seat until—\n(a) the Member raising the point of order has been heard; and\n(b) the Presiding Member has ruled on the point of order,\nand, if permitted, the Member who has been interrupted may then proceed.\n\n","sortOrder":31},{"sectionNumber":"3588","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 7 October 2020","content":"3588 GOVERNMENT GAZETTE, WA 7 October 2020\n8.4 Calling attention to breach\nA Member may, at any time, draw the attention of the Presiding Member to any breach of this local\nlaw.\n8.5 Ruling by the Presiding Member\n(1) The Presiding Member is to rule on any point of order which is raised by either upholding or\nrejecting the point of order.\n(2) A ruling by the Presiding Member on a point of order—\n(a) is not to be the subject of debate or comment; and\n(b) is to be final unless the majority of Members then present and voting, on a motion moved\nimmediately after the ruling, dissent from the ruling.\n(3) Subject to a motion of dissent being carried under subclause (2), if the Presiding Member rules\nthat—\n(a) any motion, amendment or other matter before the meeting is out of order, it is not to be\nconsidered further; and\n(b) a statement made or act done by a Member is out of order, the Presiding Member may require\nthe Member to make an explanation, retraction or apology.\n8.6 Continued breach of order\nIf a Member—\n(a) persists in any conduct that the Presiding Member had ruled is out of order; or\n(b) refuses to make an explanation, retraction or apology required by the Presiding Member\nunder clause 8.5(3),\nthe Presiding Member may direct the Member to refrain from taking any further part in the debate of\nthat item, other than by voting, and the Member is to comply with that direction.\n8.7 Right of Presiding Member to adjourn\n(1) For the purpose of preserving or regaining order, the Presiding Member may adjourn the meeting\nfor a period of up to 15 minutes.\n(2) On resumption, the debate is to continue at the point at which the meeting was adjourned.\n(3) If, at any one meeting, the Presiding Member adjourns the meeting more than once for the\npurpose of preserving or regaining order, the second or subsequent adjournment may be to a later\ntime on the same day or to another day.\nPART 9—DEBATE OF SUBSTANTIVE MOTIONS\n9.1 Motions to be stated\nAny Member who wishes to move a substantive motion or an amendment to a substantive motion—\n(a) is to state the substance of the motion before speaking to it; and\n(b) if required by the Presiding Member, is to put the motion or amendment in writing.\n9.2 Motions to be supported\n(1) A substantive motion or an amendment to a substantive motion is not open to debate until it has\nbeen seconded.\n(2) A motion to revoke or change a decision made at a Council meeting is not open to debate unless\nthe motion has the support required under regulation 10 of the Regulations.\n9.3 Unopposed business\n(1) Immediately after a substantive motion has been moved and seconded, the Presiding Member may\nask the meeting if any Member opposes it.\n(2) If no Member opposes the motion, the Presiding Member may declare it carried without debate\nand without taking a vote.\n(3) A motion declared carried under this clause is to be recorded in the minutes as a unanimous\ndecision of the Council.\n(4) If a Member opposes a motion, the motion is to be dealt with under this Part.\n(5) This clause does not apply to a motion to revoke or change a decision which has been made at a\nCouncil meeting (see Part 15).\n9.4 Only one substantive motion at a time\nWhen a substantive motion is under debate at a meeting of the Council, no further substantive\nmotion is to be accepted. The Council is not to consider more than one substantive motion at any time.\n9.5 Order of call in debate\nThe Presiding Member is to call speakers to a substantive motion in the following order—\n(a) the mover to state the motion;\n(b) a seconder to the motion;\n(c) the mover to speak to the motion;\n(d) the seconder to speak to the motion;\n\n7 October 2020 GOVERNMENT GAZETTE, WA 3589\n(e) a speaker against the motion;\n(f) a speaker for the motion;\n(g) other speakers against and for the motion, alternating where possible; and\n(h) mover takes right of reply which closes debate.\n9.6 Limit of debate\nThe Presiding Member may offer the right of reply and put a substantive motion to the vote if he or\nshe believes that sufficient discussion has taken place even though all Members may not have spoken,\nprovided no Member has previously indicated an intention to speak against the motion.\n9.7 Member may require motion to be read\nA Member may require the Motion or matter under discussion to be read at any time during a debate,\nbut not so as to interrupt any other Member who is speaking.\n9.8 Consent of seconder required for alteration\nThe mover of a substantive motion may not alter the wording of the motion without the consent of the\nseconder.\n9.9 Order of amendments\nAny number of amendments may be proposed to a substantive motion, but when an amendment is\nmoved to a substantive motion, no second or subsequent amendment is to be moved or considered\nuntil the first amendment has been withdrawn, carried or lost.\n9.10 Form of an amendment\nAn amendment must add, delete, or substitute words to the substantive motion.\n9.11 Amendment must not negate original motion\nAn amendment to a substantive motion cannot negate the original motion or the intent of the original\nmotion.\n9.12 Relevance of amendments\nEach amendment is to be relevant to the motion in respect of which it is moved.\n9.13 Mover of motion may speak on amendment\nAny Member may speak during debate on an amendment.\n9.14 Effect of an amendment\nIf an amendment to a substantive motion is carried, the motion as amended then becomes the\nsubstantive motion, on which any Member may speak, and any further amendment may be moved.\n9.15 Withdrawal of motion or amendment\n(1) Subject to subclause (2), the Council may, without debate, grant leave to withdraw a motion or\namendment on the request of the mover of the motion or amendment and with the approval of the\nseconder.\n(2) Where an amendment has been proposed to a substantive motion, the substantive motion is not to\nbe withdrawn, except by consent of the majority of Members present, until the amendment proposed\nhas been withdrawn or lost.\n9.16 Right of reply\n(1) The mover of a substantive motion has the right of reply.\n(2) The mover of any amendment to a substantive motion has a right of reply.\n(3) The right of the reply may only be exercised—\n(a) where no amendment is moved to the substantive motion—at the conclusion of the discussion\non the motion; or\n(b) where one or more amendments have been moved to the substantive motion—at the\nconclusion of the discussion on the substantive motion and any amendments.\n(4) After the mover of the substantive motion has commenced the reply—\n(a) no other Member is to speak on the motion;\n(b) there is to be no further discussion on, or any further amendment to, the motion.\n(5) The right of the reply is to be confined to rebutting arguments raised by previous speakers and no\nnew matter is to be introduced.\n(6) At the conclusion of the right of reply, the substantive motion, or the substantive motion as\namended, is immediately to be put to the vote.\nPART 10—PROCEDURAL MOTIONS\n10.1 Permissible procedural motions\nIn addition to the right to move an amendment to a substantive motion (under Part 9), a Member\nmay move the following procedural motions—\n(a) that the debate be adjourned;\n(b) that the meeting now adjourn;\n\n","sortOrder":32},{"sectionNumber":"3590","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 7 October 2020","content":"3590 GOVERNMENT GAZETTE, WA 7 October 2020\n(c) that the motion be now put;\n(d) that the Member be no longer heard;\n(e) that the ruling of the Presiding Member be disagreed with;\n(f) that the meeting be closed to the public (see clause 6.2).\n10.2 No debate\n(1) The mover of a motion specified in paragraph (a), (b), (c) or (f) of clause 10.1 may speak to the\nmotion for not more than five minutes, the seconder is not to speak other than to formally second the\nmotion, and there is to be no debate on the motion.\n(2) The mover of a motion specified in paragraph (c) or (d) of clause 10.1 may not speak to the motion,\nthe seconder is not to speak other than to formally second the motion, and there is to be no debate on\nthe motion.\n10.3 Who may move\nNo person who has moved, seconded, or spoken for or against the substantive motion, or any\namendment to the substantive motion, may move any procedural motion which, if carried, would close\nthe debate on the substantive motion or amendment.\n10.4 Procedural motions—right of reply on substantive motion\nThe carrying of a procedural motion which closes debate on the substantive motion or amendment\nand forces a decision on the substantive motion or amendment does not deny the right of reply to the\nmover of the substantive motion.\n10.5 Debate to be adjourned\nA motion “that the debate be adjourned”—\n(a) is to state the time to which the debate is to be adjourned; and\n(b) if carried, has the effect that all debate on the substantive motion or amendment ceases\nimmediately, but continues at the time stated in the motion.\n10.6 Meeting now adjourn\n(1) A Member is not to move or second more than one motion of adjournment during the same sitting\nof the Council.\n(2) Before putting the motion for the adjournment of the Council, the Presiding Member may seek\nleave of the Council to deal first with matters that may be the subject of an adoption by exception\nresolution (see clause 5.5).\n(3) A motion “that the meeting now adjourn”—\n(a) is to state the time and date to which the meeting is to be adjourned; and\n(b) if carried, has the effect that the meeting is adjourned to the time and date specified in the\nmotion.\n(4) A meeting adjourned under subclause (3) is to continue from the point at which it was adjourned,\nunless the Presiding Member or the Council determines otherwise.\n10.7 Motion to be put\n(1) If the motion “that the motion be now put”, is carried during debate on a substantive motion\nwithout amendment, the Presiding Member is to offer the right of reply and then put the motion to\nthe vote without further debate.\n(2) If the motion “that the motion be now put” is carried during discussion of an amendment, the\nPresiding Member is to put the amendment to the vote without further debate.\n(3) This motion, if lost, causes debate to continue.\n10.8 Member to be no longer heard\nIf the motion “that the member be no longer heard”, is carried, the speaker against whom the motion\nhas been moved cannot speak further on the current substantive motion, or any amendment relating\nto it, except to exercise the right of reply if he or she is the mover of the substantive motion.\n10.9 Ruling of the Presiding Member to be disagreed with\nIf the motion “that the ruling of the Presiding Member be disagreed with”, is carried, that ruling is to\nhave no effect and the meeting is to proceed accordingly.\n","sortOrder":33},{"sectionNumber":"Part 11","sectionType":"part","heading":"DISCLOSURE OF INTERESTS","content":"PART 11—DISCLOSURE OF INTERESTS\n11.1 Disclosure of interests\nDisclosure of interests is dealt with in the Act.\n","sortOrder":34},{"sectionNumber":"Part 12","sectionType":"part","heading":"VOTING","content":"PART 12—VOTING\n12.1 Motion—when put\n(1) Immediately after the debate on any Motion is concluded and the right of reply has been exercised,\nthe Presiding Member—\n(a) is to put the Motion to the Council; and\n(b) if requested by any Member, is to again state the terms of the Motion.\n(2) A Member is not to leave the meeting when the Presiding Member is putting any Motion.\n\n7 October 2020 GOVERNMENT GAZETTE, WA 3591\n12.2 Voting\nVoting is dealt with in the Act and the Regulations.\n12.3 Majorities required for decisions\nThe majorities required for decisions of the Council and committees are dealt with in the Act.\n12.4 Method of taking vote\n(1) In taking the vote on any motion or amendment the Presiding Member—\n(a) is to put the motion, first in the affirmative, and then in the negative;\n(b) may put the motion in this way as often as may be necessary to enable him or her to\ndetermine whether the affirmative or the negative has the majority of votes;\n(c) may accept a vote on the voices or may require a show of hands; and,\n(d) is, subject to this clause, to declare the result.\n(2) If a Member calls for a show of hands, the result of the vote is to be determined on the count of\nraised hands.\n(3) If a member of council or a committee specifically requests that there be recorded—\n(a) his or her vote; or,\n(b) the vote of all members present,\non a matter voted on at a meeting of the council or committee, the person presiding is to cause the\nvote or votes, as the case may be, to be recorded in the minutes.\n(4) If a Member calls for a division—\n(a) those voting in the affirmative are to pass to the right of the Chair; and\n(b) those voting in the negative are to pass to the left of the Chair.\n(5) For every division, the CEO is to record—\n(a) the name of each member who voted; and\n(b) whether he or she voted in the affirmative or negative.\nPART 13—MINUTES OF MEETINGS\n13.1 Keeping of minutes\nThe keeping and confirmation of minutes are dealt with in the Act.\n13.2 Content of minutes\n(1) The content of minutes is dealt with in the Regulations.\n(2) In addition to the matters required by regulation 11 of the Regulations, the minutes of a Council\nmeeting is to include, where an application for approval is refused or the authorisation of a licence,\npermit or certificate is withheld or cancelled, the reasons for the decision.\n13.3 Public inspection of unconfirmed minutes\nThe public inspection of unconfirmed minutes is dealt with in the Regulations.\n13.4 Confirmation of minutes\n(1) When minutes of an ordinary meeting of the Council are distributed for consideration prior to\ntheir confirmation at the next meeting, if a Member is dissatisfied with the accuracy of the minutes,\nthe Member may provide the local government with a written copy of the alternative wording to\namend the minutes no later than 7 clear working days before the next ordinary meeting of the\nCouncil.\n(2) At the next ordinary meeting of the Council, the Member who provided the alternative wording\nshall, at the time for confirmation of minutes—\n(a) state the item or items with which he or she is dissatisfied; and\n(b) propose a motion clearly outlining the alternative wording to amend the minutes.\n(3) Members must not discuss items of business contained in the minutes, other than discussion as to\ntheir accuracy as a record of the proceedings.\nPART 14—ADJOURNMENT OF MEETING\n14.1 Meeting may be adjourned\nThe Council may adjourn any meeting—\n(a) to a later time on the same day; or\n(b) to any other time on any other day, including a time which coincides with the conclusion of\nanother meeting or event.\n14.2 Effect of adjournment\nWhere any matter, motion, debate or meeting is adjourned under this local law—\n(a) the names of Members who have spoken on the matter prior to the adjournment are to be\nrecorded in the minutes;\n(b) debate is to be resumed at the next meeting at the point where it was interrupted; and\n(c) the provisions of clause 7.9 [speaking twice] apply when the debate is resumed.\n\n","sortOrder":35},{"sectionNumber":"3592","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 7 October 2020","content":"3592 GOVERNMENT GAZETTE, WA 7 October 2020\nPART 15—REVOKING OR CHANGING DECISIONS\n15.1 Requirements to revoke or change decisions\nThe requirements to revoke or change a decision made at a meeting are dealt with in regulation 10 of\nthe Regulations.\n15.2 Limitations on powers to revoke or change decisions\n(1) Subject to subclause (2), the Council or a committee is not to consider a motion to revoke or change\na decision—\n(a) where, at the time the motion is moved or notice is given, any action has been taken under\nclause 15.3 to implement the decision; or\n(b) where the decision is procedural in its form or effect.\n(2) The Council or a committee may consider a motion to revoke or change a decision of the kind\ndescribed in subclause (1)(a) if the motion is accompanied by a written statement of the legal and\nfinancial consequences of carrying the motion.\n15.3 Implementing a decision\n(1) In this clause—\n(a) “authorisation” means a licence, permit, approval or other means of authorising a person to\ndo anything;\n(b) “implement”, in relation to a decision, includes—\n(i) communicate notice of the decision to a person affected by, or with an interest in, the\ndecision; and\n(ii) take any other action to give effect to the decision; and\n(c) “valid notice of revocation motion” means a notice of motion to revoke or change a decision\nthat complies with the requirements of the Act, Regulations and the local laws and may be\nconsidered, but has not yet been considered, by the Council or a committee as the case may\nbe.\n(2) Subject to subclause (4), and unless a resolution is made under subclause (3), a decision made at a\nmeeting is not to be implemented by the CEO or any other person until the afternoon of the first\nbusiness day after the commencement of the meeting at which the decision was made.\n(3) The Council or a committee may, by resolution carried at the same meeting at which a decision\nwas made, direct the CEO or another person to take immediate action to implement the decision.\n(4) A decision made at a meeting is not to be implemented by the CEO or any other person—\n(a) if, before commencing any implementation action, the CEO or that person is given a valid\nnotice of revocation motion; and\n(b) unless and until the valid notice of revocation motion has been determined by the Council or\nthe committee as the case may be.\n(5) The CEO is to ensure that members of the public attending the meeting are informed by an\nappropriate notice that a decision to grant an authorisation—\n(a) is to take effect only in accordance with this clause; and\n(b) cannot be acted upon by the person who has been granted the authorisation unless and until\nthe decision has been implemented in accordance with this clause.\nPART 16—SUSPENSION OF LOCAL LAWS\n16.1 Suspension of local laws\n(1) A Member may at any time move that the operation of one or more of the provisions of this local\nlaw be suspended.\n(2) A Member moving a motion under subclause (1) is to state the reasons for the motion but no other\ndiscussion is to take place.\n(3) A motion under subclause (1) which is—\n(a) seconded; and\n(b) carried by an absolute majority,\nis to suspend the operation of the clause or clauses to which the motion relates for the duration of the\nmeeting, unless the meeting earlier resolves otherwise.\n16.2 Where local laws do not apply\n(1) In situations where—\n(a) one or more provisions of this local law have been suspended; or\n(b) a matter is not regulated by the Act, the Regulations or this local law, the Presiding Member\nis to decide questions relating to the conduct of the meeting.\n(2) The decision of the Presiding Member under subclause (1) is final, except where a motion is moved\nand carried under clause 10.9.\n\n7 October 2020 GOVERNMENT GAZETTE, WA 3593\nPART 17—MEETINGS OF ELECTORS\n17.1 Electors’ general meetings\nElectors’ general meetings are dealt with in the Act.\n17.2 Matters for discussion at electors’ general meetings\nThe matters to be discussed at electors’ general meetings are dealt with in the Regulations.\n17.3 Electors’ special meetings\nElectors’ special meetings are dealt with in the Act.\n17.4 Requests for electors’ special meetings\nRequests for electors’ special meetings are dealt with in the Regulations.\n17.5 Convening electors’ meetings\nConvening electors’ meetings is dealt with in the Act.\n17.6 Who presides at electors’ meetings\nWho presides at electors’ meetings is dealt with in the Act.\n17.7 Procedure for electors’ meetings\n(1) The procedure for electors’ meetings is dealt with in the Act and the Regulations.\n(2) In exercising his or her discretion to determine the procedure to be followed at an electors’\nmeeting, the Presiding Member is to have regard to this local law.\n17.8 Participation of non-electors\nA person who is not an elector of the local government shall not take part in any discussion at an\nelectors’ meeting unless the meeting, by resolution, permits the person do so.\n17.9 Voting at electors’ meetings\nVoting at electors’ meetings is dealt with in the Regulations.\n17.10 Minutes of electors’ meetings\nMinutes of electors’ meetings are dealt with in the Act.\n17.11 Decisions made at electors’ meetings\nDecisions made at electors’ meetings are dealt with in the Act.\nPART 18—ENFORCEMENT\n18.1 Penalty for breach\nA person who breaches a provision of this local law commits an offence.\nPenalty: $1,000.00 and a daily penalty of $100.00.\n18.2 Who can prosecute\nWho can prosecute is dealt with in the Act.\n————\nDated: 23 September 2020.\nThe Common Seal of the Shire of Broome was affixed by the authority of a resolution of Council in the\npresence of—\nCr H. N. TRACEY, President.\nS. C. MASTROLEMBO, Chief Executive Officer.\n\nPERTH, THURSDAY, 8 OCTOBER 2020 No. 171 SPECIAL\n\n","sortOrder":36},{"sectionNumber":"8","sectionType":"section","heading":"October 2020 GOVERNMENT GAZETTE, WA 3597","content":"8 October 2020 GOVERNMENT GAZETTE, WA 3597\nTABLE OF CONTENTS\n1.1. Title\n1.2. Commencement\n1.3. Application\n1.4. Repeal\n1.5. Interpretation\nPART 2—SANITATION\nDivision 1—Sanitary Conveniences\n2.1 Interpretation\n2.2 Dwelling house\n2.3 Premises other than a dwelling house\n2.4 Events\n2.5 Toilets\n2.6 Temporary works\n2.7 Maintenance of sanitary conveniences and fittings\n2.8 Ventilation of toilets\n2.9 Public sanitary conveniences\n2.10 Lighting\n2.11 Installation\nDivision 2—Bathrooms, Laundries and Kitchens\n2.12 Bathrooms\n2.13 Laundries\n2.14 Washing or keeping of clothes in kitchens\n2.15 Kitchens\nPART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of Houses\n3.1 Dwelling house maintenance\n3.2 Guttering and downpipes\n3.3 Disposal of rainwater\nDivision 2—Ventilation of Houses\n3.4 Exemption for short term hostels and recreational campsites\n3.5 Overcrowding\n3.6 Calculated sufficient space\n3.7 Ventilation\n3.8 Sub-floor ventilation\n","sortOrder":37},{"sectionNumber":"Div 3","sectionType":"division","heading":"Water Supply","content":"Division 3—Water Supply\n3.9 Water supply\n3.10 Rainwater tanks\n3.11 Bores and wells\n3.12 Pollution\n\n","sortOrder":38},{"sectionNumber":"3598","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3598 GOVERNMENT GAZETTE, WA 8 October 2020\n","sortOrder":39},{"sectionNumber":"Div 4","sectionType":"division","heading":"Second-hand Furniture, Bedding and Clothing","content":"Division 4—Second-hand Furniture, Bedding and Clothing\n3.13 Prohibition on sale\n3.14 Prohibition on possession\nDivision 5—Morgues\n3.15 Licensing of morgues\nPART 4—LIQUID REFUSE, LIQUID WASTE, BUTCHERS’ WASTE,\nRUBBISH AND REFUSE\nDivision 1—Liquid Refuse and Liquid Waste\n4.1 Interpretation\n4.2 Deposit of liquid refuse\n4.3 Disposal of liquid waste\nDivision 2—Transport of Butchers’ Waste\n4.4 Interpretation\n4.5 Restriction of vehicles\n4.6 Transport of butchers’ waste\nDivision 3—Rubbish and Refuse\n4.7 Interpretation\n4.8 Deposit of refuse\n4.9 Burning of rubbish and refuse\n4.10 Suitable enclosures\n4.11 Provision of refuse receptacles\n4.12 Control of refuse\n4.13 Unauthorised storage of materials\n4.14 Removal of refuse and disused materials\n4.15 Removal of unsightly overgrowth of vegetation\n4.16 Storage of vehicles, vessels and machinery\n4.17 Disposing of disused refrigerators or similar containers\nPART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n5.1 Interpretation\n5.2 Escape of smoke etc.\n5.3 Public vehicles to be kept clean\n5.4 Prohibition against spitting\n5.5 Dust management\n5.6 Emission or reflection of light\n5.7 Car Parks\n5.8 Transportation, use and storage of offal or blood\n5.9 Use or storage and fertiliser\n5.10 Storage and dispatch of artificial fertiliser\n5.11 Storage of fertiliser and compost\n5.12 Commercial Vehicles\nDivision 2—Keeping of Animals\n5.13 Cleanliness\n5.14 Animal enclosures\n5.15 Slaughter of animals\n5.16 Disposal of dead animals\nDivision 3—Keeping of Approved Animals\n5.17 Interpretation\n5.18 Keeping of approved animals and provision of stables\n5.19 Proximity of approved animals to a dwelling house\n5.20 Manure receptacles\nDivision 4—Keeping of Poultry and Pigeons\n5.21 Interpretation\n5.22 Limitation on number of poultry, pigeons and miscellaneous birds\n5.23 Conditions of keeping poultry\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3599\n5.24 Roosters, geese, turkeys, peafowl and gamebirds\n5.25 Conditions of keeping pigeons\n5.26 Removal of non-conforming structures or enclosures\n5.27 Restrictions on pigeon nesting or perching\n5.28 Restrictions on feeding wild birds\n","sortOrder":40},{"sectionNumber":"Div 5","sectionType":"division","heading":"Feedlots","content":"Division 5—Feedlots\n5.29 Interpretation\n5.30 Premises to be approved\n5.31 Management of beef cattle feedlots\n5.32 Site conditions\n5.33 Compliance with direction or notice of an Authorised Officer\nPART 6—PEST CONTROL\nDivision 1—Flies\n6.1 Interpretation\n6.2 Control of flies\nDivision 2—Mosquitoes\n6.3 Interpretation\n6.4 Measures to be taken to prevent mosquito breeding\n6.5 Measures to be taken by occupier\n6.6 Removal of undergrowth or vegetation\n6.7 Filling in excavations etc.\n6.8 Drains, channels and septic tanks\n6.9 Drainage of land\nDivision 3—Rodents\n6.10 Interpretation\n6.11 Measures to be taken to eradicate rodents\nDivision 4—Cockroaches\n6.12 Interpretation\n6.13 Measures to be taken to eradicate cockroaches\nDivision 5—Argentine Ants\n6.14 Interpretation\n6.15 Measures to be taken to keep premises free from argentine ants\nDivision 6–European Wasps\n6.16 Interpretation\n6.17 Measures to be taken to keep premises free from European wasp nests\n","sortOrder":41},{"sectionNumber":"Div 7","sectionType":"division","heading":"Bee Keeping","content":"Division 7—Bee Keeping\n6.18 Interpretation\n6.19 Limitation on number of hives\n6.20 Restrictions on keeping of bees in hives\n6.21 Bees which cause a nuisance not to be kept\n","sortOrder":42},{"sectionNumber":"Div 8","sectionType":"division","heading":"Arthropod Vectors of Disease","content":"Division 8—Arthropod Vectors of Disease\n6.22 Interpretation\n6.23 Responsibilities of the owner or occupier\n6.24 Local government may execute\nPART 7—INFECTIOUS DISEASES\nDivision 1—General Provisions\n7.1 Purpose of exercise of powers\n7.2 Authorised Officer may visit, inspect and report\n7.3 Requirements on owner or occupier to clean, disinfect and disinfest\n7.4 Authorised Officer may disinfect or disinfest premises\n7.5 Insanitary houses, premises and things\n7.6 Medical officer may authorise disinfecting\n\n","sortOrder":43},{"sectionNumber":"3600","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3600 GOVERNMENT GAZETTE, WA 8 October 2020\n7.7 Persons in contact with an infectious disease sufferer\n7.8 Declaration of infected houses or premises\n7.9 Destruction of infected animals\n7.10 Disposal of a body\n7.11 Local Government may carry out work and recover costs\nDivision 2—Disposal of Used Condoms and Needles\n7.12 Disposal of used condoms\n7.13 Disposal of used needles\nPART 8—LODGING HOUSES\nDivision 1—Registration\n8.1 Interpretation\n8.2 Accommodation not to be kept unless registered\n8.3 Application for registration\n8.4 Certificate of Registration of accommodation\n8.5 Renewal of registration\n8.6 Notification upon sale or transfer\n8.7 Revocation of registration\nDivision 2—Construction and Use Requirements\n8.8 General construction requirements\n8.9 Insect screening\n8.10 Sanitary conveniences\n8.11 Laundry unit\n8.12 Kitchen\n8.13 Cooking facilities\n8.14 Dining room\n8.15 Lounge room\n8.16 Fire prevention and control\n8.17 Obstruction of passages and stairways\n8.18 Fitting of locks\n8.19 Restriction on use of rooms for sleeping\n8.20 Sleeping accommodation short term hostels and recreation campsites\n8.21 Furnishing etc. of sleeping apartments\n8.22 Ventilation\n8.23 Numbers to be placed on doors\nDivision 3—Management and Care\n8.24 Keeper or manager to reside in the lodging house\n8.25 Register of lodgers\n8.26 Keeper report\n8.27 Certificate of Sleeping Accommodation\n8.28 Duplicate keys and inspection\n8.29 Room occupancy\n8.30 Infectious disease\n8.31 Maintenance of a room by a lodger or a resident\n8.32 Cleaning and maintenance requirements\n8.33 Responsibilities of lodgers and residents\n8.34 Approval for the storage of food\nPART 9—OFFENSIVE TRADES\nDivision 1—General\n9.1 Interpretation\n9.2 Consent to establish an offensive trade\n9.3 Notice of application\n9.4 Registration of premises\n9.5 Certificate of Registration of Premises for Offensive Trade\n9.6 Change of occupier\n9.7 Alterations to premises\nDivision 2—General Duties of an Occupier\n9.8 Interpretation\n9.9 Cleanliness\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3601\n9.10 Rats and other vectors of disease\n9.11 Sanitary conveniences and hand wash basins\n9.12 Painting of walls etc.\n9.13 Effluvia, vapours or gases\n9.14 Offensive materials\n9.15 Storage of materials\n9.16 Directions\nDivision 3—Fat Rendering Establishments\n9.17 Interpretation\n9.18 Ventilation\n9.19 Covering of apparatus\n9.20 Rendering of walls\nDivision 4—Fish Premises\n9.21 Interpretation\n9.22 Fish preparation room\n9.23 Bench\n9.24 Disposal of waste\n9.25 Fish containers\n9.26 Cooking of fish\n9.27 Use of approved portable box\n9.28 Fish transport vehicle\nDivision 5—Laundry, Dry Cleaning Establishments and Dye Works\n9.29 Interpretation\n9.30 Receiving depot\n9.31 Reception room\n9.32 Walls and floors\n9.33 Laundry floor\n9.34 Escape of dust\n9.35 Precautions against combustion\n9.36 Trolleys\n9.37 Sleeping on premises\n","sortOrder":44},{"sectionNumber":"Div 6","sectionType":"division","heading":"Abattoirs","content":"Division 6—Abattoirs\n9.38 Construction\nDivision 7—Piggeries\n9.39 Interpretation\n9.40 Limitations to registration\n9.41 Conditions of registration\n9.42 Sties, enclosures or sheds\n9.43 Slaughtering\n9.44 Feed\n9.45 Fencing\n9.46 Water supply\n9.47 Feeding troughs\nPART 10—OFFENCES AND PENALTIES\n10.1 Offences and penalties\n10.2 Form of infringement notices\n10.3 Other enforcement actions\n10.4 Power of Entry into private property\nPART 11—OBJECTION AND APPEAL\n11.1 Objection and appeal rights\nSCHEDULE 1—OFFENSIVE TRADES\nSCHEDULE 2—PRESCRIBED OFFENCES\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3603\nLocal Government Act 1995 and under all powers enabling it, the\nCouncil of the Shire of Manjimup resolved on 24 September 2020 to make the following local law.\n1.1 Title\nThis local law may be cited as the\nShire of Manjimup Health Local Law 2020.\nThis local law commences 14 days after the day on which it is published in the\nGovernment Gazette.\nThis local law applies throughout the entire district.\nThe\nShire of Manjimup Health Local Laws 1998 published in the\nGovernment Gazette on 3 March\n1999 is repealed.\n1.5 Interpretation\n(1) In this local law, unless the context otherwise requires—\nHealth (Miscellaneous Provisions) Act 1911;\nadequate means satisfactory or fit for purpose or, if there is any doubt, at the discretion of an\nAuthorised Officer;\nadequate supply of water means a flow of water of not less than 5 litres per minute;\napproved\nmeans approved by the local government;\nAS or AS/NZS means an Australian Standard or Australian/New Zealand Standard published by\nStandards Australia, as amended from time to time;\nAS 3786 means Australian Standard for Smoke alarms using scattered light, transmitted light or\nionization;\nAS 2293.1 means Australian Standard for Emergency escape lighting and exit signs for\nbuildings—System design, installation and operation;\nAS 1530.2 means Australian Standard for Methods for fire tests on building materials,\ncomponents and structures—Test for flammability of materials;\nAS 1530.3 means Australian Standard for Methods for fire tests on building materials,\ncomponents and structures—Simultaneous determination of ignitability, flame propagation,\nheat release and smoke release;\nAS 2001.5.4 means Australian Standard for Methods of test for textiles—\nDimensional change—Domestic washing and drying procedures for textile testing\n(ISO 6330:2000, MOD);\nAS/NZS ISO 717.1 means Australian Standard for Acoustics—Rating of sound insulation in\nbuildings and of building elements—Airborne sound insulation;\nAS 3666.2 means Australian Standard for Air-handling and water systems of buildings—\nMicrobial control—Design, installation and commissioning;\nAS 1668.2 means Australian Standard for The use of ventilation and air conditioning in\nbuildings—Mechanical ventilation in building;\nAS 4282 means Australian Standard for Control of obtrusive effects of outdoor lighting;\nAuthorised Officer means a person appointed under-\n(a) the provisions of the\nPublic Health Act 2016; or\n(b) the\nLocal Government Act 1995; and\n(c) includes officers employed by the local government as an Environmental Health\nOfficer, Acting Environmental Health Officer, Assistant Environmental Health Officer,\nManager Environmental Health and Principal Environmental Health Officer;\n\n","sortOrder":45},{"sectionNumber":"3604","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3604 GOVERNMENT GAZETTE, WA 8 October 2020\nbed means a piece of furniture on which to sleep;\nbedding includes beds, mattresses, pillows and bed heads as well as bed linen;\nbed linen includes sheets, blankets, pillow cases, quilt and doona covers and mattress covers;\nBuilding Code means the latest edition of the Building Code of Australia published from time to\ntime by or on behalf of the Australian Building Codes Board, as amended from time to time,\nbut not including explanatory information published with that Code;\nChief Executive Officer means the Chief Executive Officer of the local government and includes\nan Acting Chief Executive Officer;\nChief Health Officer means a person appointed to this position under the provisions of the\nPublic\nHealth Act 2016;\nCouncil means the Council of the local government;\ndistrict means—\n(a) the district of the local government under the\n(b) any area placed under the jurisdiction of the local government under section 22 of the\nAct; and\n(c) any river, or other water deemed to be within the district of the local government under\nsection 25 of the Act;\ndrinking water means drinking water as defined in the\nAustralian Drinking Water Guidelines\ndeveloped by the National Health and Medical Research Council;\ndwelling house means a place of residence containing at least one sleeping room and includes a\nroom or outbuilding separate from, but ancillary to, the building in which the sleeping room is\nlocated;\nhabitable room means a room used for normal domestic activities, and—\n(a) includes a bedroom, living room, lounge room, music room, television room, kitchen,\ndining room, sewing room, study, play-room, family room and sun-room or the like; but\n(b) excludes a bathroom, laundry, toilet, pantry, walk-in wardrobe, corridor, lobby,\nphotographic dark room, clothes-drying room, and other spaces of a specialised nature\noccupied neither frequently nor for extended periods;\nhot water means water at a temperature of at least 65 degrees Celsius;\nlocal government means the Shire of Manjimup;\nMedical Officer means the Medical Officer appointed by the local government under the Act and\nincludes an Acting Medical Officer so appointed;\nmorgue means a place for the temporary reception and keeping of the bodies of the dead awaiting\nburial or cremation;\nnuisance has the meaning given to it in section 182 of the Act;\npublic place includes every place to which the public ordinarily have access, whether by payment\nof a fee or not;\nsanitary convenience includes urinals, toilets, sinks, baths, wash troughs, apparatus for the\ntreatment of sewage, or other receptacle for the deposit of faecal matter, or refuse, and all\nsimilar conveniences;\nSchedule means a Schedule to this local law;\nsewage means any kind of sewage, faecal matter or urine, and any waste composed wholly or in\npart of liquid;\nsewer includes sewers and drains of every description, except drains to which the word “drain” as\ndefined in the Act applies, also water channels constructed of stone, brick, concrete, or any\nother material, including the property of the local government;\nstreet includes any highway, and any public bridge, and any road, lane, footway, square, court,\nalley or passage, whether a thoroughfare or not;\ntoilet means a toilet bowl, or urinal and includes a room or cubicle in which one or more of these\nare located;\ntownsite means the townsites within the district which are constituted under section 26(2) of the\nLand Administration Act 1997 or referred to in clause 37 of the Schedule 9.3 of the\nLocal\nGovernment Act 1995; and\nurinal may be—\n(a) an individual stall or wall-hung urinal;\n(b) each 600 millimetres length of a continuous urinal trough; or\n(c) a toilet bowl used in place of a urinal.\n(2) Where in this local law, a duty or liability is imposed on an “owner or occupier” the duty or liability\nshall be deemed to be imposed jointly and severally on each of the owner or occupier.\n(3) Where under this local law an act is required to be done or forbidden to be done in relation to any\npremises, the owner or occupier of those premises has, unless the contrary intention appears, the duty\nof causing to be done the act so required to be done, or of preventing from being done the act so\nforbidden to be done, as the case may be.\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3605\nPART 2—SANITATION\nDivision 1—Sanitary Conveniences\n2.1 Interpretation\nIn this Part, unless the context otherwise requires—\napparatus for the treatment of sewage has the same meaning as in section 3 of the Act;\nevent includes a fair, function or festival;\nlow lying land means land that has a height no more than 2 metres above Australian height\ndatum;\norganiser means a person—\n(a) to whom approval has been granted by the local government to conduct the event; or\n(b) responsible for the conduct of the event;\npublic sanitary convenience means a sanitary convenience to which the public ordinarily have\naccess;\nreceptacle for drainage has the same meaning as in the\nHealth (Treatment of Sewage and\nDisposal of Effluent and Liquid Waste) Regulations 1974 and includes the irrigation effluent\ndisposal area of an aerobic treatment system; and\ntemporary sanitary convenience means a sanitary convenience, temporarily placed for use by—\n(a) patrons in conjunction with an event; or\n(b) employees at construction sites or the like.\n2.2 Dwelling house\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless it has\nat least one toilet.\n(2) A room in which a toilet is located shall have adequate electrical lighting.\n(3) A person shall not erect or place a dwelling house, or adapt any building for use as a dwelling\nhouse, on low lying land, unless the dwelling house—\n(a) is provided with secure, efficient and proper drainage of the building to a sewer or an\napproved apparatus for the treatment of sewage; and\n(b) is approved by the local government.\n(4) An owner or occupier of a dwelling house erected on low lying land, may be required by an\nauthorised officer to—\n(a) assist an authorised officer with determining the separation distance from groundwater level\nto the base of the receptacle for drainage for the dwelling house; and\n(b) provide an annual report to the local government containing accurate details of—\n(i) the address or location of the property;\n(ii) the name, telephone number and email address of the property owner;\n(iii) the type of apparatus for the treatment of sewage connected to the dwelling house;\n(iv) the date of last service of the apparatus for the treatment of sewage; and\n(v) the depth from the base of the receptacle for drainage to the maximum groundwater\nlevel measured in the month of October.\n(5) If, in the opinion of an Authorised Officer, the depth from the base of a receptacle for drainage is\nless than 600 millimetres to the maximum groundwater level, the Authorised Officer may by notice\nrequire the owner of the dwelling house to—\n(a) raise the receptacle for drainage such that its base is no less than 600 millimetres to the\nmaximum groundwater level; or\n(b) cease using the dwelling house until such time as the depth from the base of the receptacle\nfor drainage to the maximum groundwater level is no less than 600 millimetres.\n2.3 Premises other than a dwelling house\n(1) The owner of premises other than a dwelling house shall not use or occupy, or permit to be used or\noccupied, premises other than a dwelling house unless—\n(a) the premises have sanitary conveniences in accordance with the Building Code and this Part;\n(b) the toilets required by this clause are situated within a reasonable distance and are easily\naccessible to the persons for whom they are provided; and\n(c) the premises have hand wash basins—\n(i) in accordance with the Building Code;\n(ii) for the use of persons employed or engaged on the premises;\n(iii) provided with an adequate supply of water supplied by taps located over each hand\nwash basin;\n(iv) separate from any trough, sink or hand wash basin used in connection with any process\ncarried out on the premises; and\n(v) situated within a reasonable distance of the sanitary conveniences and easily accessible\nto the person for whom they are provided.\n(2) The occupier of the premises other than a dwelling house shall ensure that—\n\n","sortOrder":46},{"sectionNumber":"3606","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3606 GOVERNMENT GAZETTE, WA 8 October 2020\n(a) clean toilet paper is available at all times in each cubicle;\n(b) a sanitary napkin disposal facility is provided in each toilet set aside for the use of females;\nand\n(c) each hand wash basin is provided with—\n(i) an adequate supply of soap or other hand cleaning substances; and\n(ii) hand drying facilities, situated adjacent to and visible from the hand wash basin.\n2.4 Events\nThe organiser of an outdoor event must provide sanitary conveniences in accordance with the\nrecommendations contained within the Department of Health’s “Guidelines for concerts, events and\norganised gatherings”.\n2.5 Toilets\n(1) Toilets on premises shall be maintained in accordance with the following requirements—\n(a) the door to a toilet, other than an internal toilet, shall be properly screened to a continuous\nheight of 1.8 metres from the floor;\n(b) a toilet or its entrance which is visible from overlooking windows shall be properly screened;\n(c) the floor of any internal toilet shall be—\n(i) of concrete or of other approved impervious material of an approved thickness; and\n(ii) unless otherwise approved graded to a floor waste outlet and proper discharge pipe\nwith flap valve fitted and, where necessary, protected by an approved sump; and\n(d) the floor of any external toilet shall be—\n(i) of concrete or of other approved impervious material of an approved thickness; and\n(ii) graded to the door or alternatively an approved outlet.\n(2) Toilets on premises other than a dwelling house shall be maintained in accordance with the\nfollowing additional requirements—\n(a) a toilet for the exclusive use of males shall not adjoin any toilet for the exclusive use of\nfemales unless the toilets are separated by a wall extending from floor to ceiling and of\nsufficient density to have a sound transmission class of not less than 50 as required by\nAS/NZS ISO 717.1; and\n(b) where more than one toilet is provided on the premises, the entrance to each toilet shall bear\na suitable sign indicating for which sex its use is intended.\n2.6 Temporary works\nA person who undertakes temporary work at any place shall ensure every temporary sanitary\nconvenience is installed and maintained in accordance with the requirements of the\n(Temporary Sanitary Conveniences) Regulations 1997.\n2.7 Maintenance of sanitary conveniences and fittings\n(1) The occupier of premises shall—\n(a) keep clean, in good condition and repair; and\n(b) whenever required by an Authorised Officer, effectively disinfect and clean; all sanitary\nconveniences including sanitary fittings in or on the premises.\n(2) The owner of premises shall—\n(a) keep or cause to be kept in good repair; and\n(b) maintain an adequate supply of water to;\nall sanitary conveniences including sanitary fittings in or on the premises.\n2.8 Ventilation of toilets\n(1) A toilet in any premises shall be ventilated in accordance with the\nSewerage (\nLighting, Ventilation\nand Construction) Regulations 1971 and the Building Code.\n(2) A mechanical ventilation system provided under subclause (1) shall be maintained in good\nworking order and condition.\n2.9 Public sanitary conveniences\n(1) A person shall not—\n(a) foul;\n(b) damage or vandalise; or\n(c) write on or otherwise deface;\n(d) a public sanitary convenience or sanitary fixtures or fittings or the premises in or on which\nthe sanitary convenience is located.\n(2) A person shall not live or sleep in or on the premises in which a public sanitary convenience is\nlocated or use it for a purpose other than that for which it was intended.\n2.10 Lighting\nThe owner and occupier of premises in which a sanitary convenience or a public sanitary convenience\nis located shall provide and maintain adequate electric lighting for persons using the convenience.\n2.11 Installation\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3607\nEvery sanitary convenience shall be installed in accordance with the requirements of\nCountry Areas\nWater Supply Act 1947, the\nHealth (Treatment of Sewage and Disposal of Effluent and Liquid\nWastes) Regulations 1974 and the\nWater Services Act 2012 and shall have an adequate supply of\nwater.\nDivision 2—Bathrooms, Laundries and Kitchens\n2.12 Bathrooms\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nbathroom that—\n(a) is adequately lined with an impervious material and has a ceiling that complies with the\nBuilding Code;\n(b) complies with the\nHealth Act (Laundries and Bathrooms) Regulations and the Building Code;\nand\n(c) is equipped with—\n(i) a hand wash basin; and\n(ii) either a shower in a shower recess or a bath.\n(2) All baths, showers, hand wash basins and similar fittings shall be provided with an adequate\nsupply of hot and cold water.\n(3) The floor of the bathroom must be properly surfaced, with an even fall to a floor waste unless\notherwise approved, suitably trapped and discharging to—\n(a) the sewer of a licensed water service operator; or\n(b) an apparatus for the treatment of sewage approved by the local government.\n2.13 Laundries\n(1) A laundry must comply with the requirements of the\nHealth Act (Laundries and Bathrooms)\nRegulations and the Building Code.\n(2) Where, in any building, a laundry is situated adjacent to a kitchen or a room where food is stored\nor consumed, the laundry shall be separated from the kitchen by a wall extending from the floor to\nthe roof or ceiling, unless otherwise approved.\n(3) Where there is an opening between a laundry and a kitchen or other room where food is stored or\nconsumed, the opening shall—\n(a) not be more than 1,220 millimetres wide; and\n(b) have a door which when closed shall completely fill the opening.\n(4) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nlaundry that—\n(a) is properly enclosed and roofed;\n(b) is adequately lined with an impervious material;\n(c) has a floor of concrete or other approved impervious material of an approved thickness;\n(d) is properly surfaced, with an even fall to a floor waste unless otherwise approved, suitably\ntrapped and discharging to—\n(i) the sewer of a licensed water service operator; or\n(ii) an on-site waste water disposal system of a type approved as approved by the local\ngovernment; and\n(e) is provided with adequate ventilation.\n(5) The laundry referred to in subclause (1) must conform to the provisions of the Building Code and\nthe\nHealth Act (Laundries and Bathrooms) Regulations.\n(6) In the case of a single occupancy dwelling, the laundry referred to in subclause (1) shall have—\n(a) either—\n(i) two wash troughs;\n(ii) a washing machine and either a wash trough or a sink; and\n(b) a clothes drying facility comprising either a mechanical clothes dryer or not less than\n20 metres of clothes line erected externally.\n(7) All wash troughs, sinks and washing machines shall be—\n(a) in a laundry and connected to an adequate supply of hot and cold water; and\n(b) installed to manufacturer’s specifications, and;\n(c) all wash troughs shall have a capacity of at least 36 litres.\n(8) Sole or multiple occupancy units, each being a separate dwelling, shall have—\n(a) laundry facilities, in accordance with the Building Code, for the exclusive use of the occupants\nof each unit; or\n(b) a separate laundry, with communal laundry facilities in accordance with the Building Code,\nfor up to 4 sole occupancy units that do not have their own laundry facilities.\n\n","sortOrder":47},{"sectionNumber":"3608","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3608 GOVERNMENT GAZETTE, WA 8 October 2020\n2.14 Washing or keeping of clothes in kitchens\nA person shall not in any kitchen or other place where food is kept—\n(a) wash or permit to be washed any clothing or bed linen; or\n(b) keep or permit to be kept any soiled clothing or bed linen.\n2.15 Kitchens\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nkitchen which complies with the requirements of the Building Code and which is equipped with—\n(a) a cooking facility which is adequate in the opinion of an Authorised Officer; and\n(b) a sink which is adequate in the opinion of an Authorised Officer and which has an adequate\nsupply of hot and cold water.\n(2) The occupier of a dwelling house shall ensure that the stove, oven and sink are kept clean, in good\norder and repair and fit for use.\n(3) A cooking facility shall—\n(a) be installed in accordance with the requirements of the Department of Mines, Industry\nRegulation and Safety, and the manufacturer’s specifications; and\n(b) not be installed or used in any room other than a kitchen.\n(4) Mechanical extraction shall be provided in a kitchen and the exhaust air shall be—\n(a) carried to the outside air as directly as practicable; and\n(b) boxed throughout.\n(5) In this clause, a—\ncooking facility includes a stove, oven, facility or appliance used for or in connection with the\ncooking of food.\nPART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of Dwelling Houses\n3.1 Dwelling house maintenance\nThe owner or occupier of a dwelling house and any appurtenant buildings shall maintain the dwelling\nhouse and appurtenant buildings in sound condition and fit for use and, in particular, shall—\n(a) maintain all roofs in sound weatherproof condition;\n(b) maintain any footings, foundations and walls, either external or internal, in a sound\ncondition;\n(c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material\nin any veranda, roof, walls, steps, handrails, floors or their supports with material of sound\nquality;\n(d) comply with the directions of an Authorised Officer to treat the premises for the purpose of\ndestroying any termites;\n(e) maintain any brick, stone, mortar or cement work in a sound condition;\n(f) maintain, repair or replace any flashings or ant caps which are missing or defective;\n(g) maintain all floors even in surface and free from cracks;\n(h) maintain all ceilings, internal wall finishes, skirting boards, architraves and other fixtures\nand fittings complete and with smooth unbroken surfaces;\n(i) maintain all doors and windows in good working order and weatherproof condition;\n(j) retain all natural lighting free from any obstruction which would reduce the natural lighting,\nbelow the ratio of 10% of the floor area;\n(k) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewerage so\nthat they comply in all respects with the provisions of the\nWater Services Act 2012, the\nPlumbing Code of Australia and relevant associated standards, and any other legal\nrequirements to which they are subject;\n(l) maintain all electric wiring, gas services and fittings to comply with the requirements of all\nrelevant public authorities; and\n(m) maintain all ventilators in good order and repair.\n3.2 Guttering and downpipes\nThe owner or occupier of a dwelling house which has guttering and downpipes shall—\n(a) maintain all guttering, downpipes and drains on the premises in a good state of repair, clean\nand free from obstruction; and\n(b) not permit any rainwater from the premises to discharge from the guttering onto or over a\nfootpath, street or other property.\n3.3 Disposal of rainwater\n(1) The owner or occupier of a dwelling house shall not use or occupy or permit to be used or occupied,\na dwelling house unless all rainwater is effectively disposed of or collected in an approved manner\nthat will not be a nuisance or injurious or dangerous to health of any person.\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3609\n(2) Subclause (1) shall not prevent the discharge of stormwater from a lot into a local government\napproved stormwater drain or road.\nDivision 2—Ventilation of Houses\n3.4 Exemption for short term hostels and recreational campsites\nThis division shall not apply to short term hostels and recreational campsites referred to in Division 2\nof Part 8.\n3.5 Overcrowding\nThe owner or occupier of a house shall not permit—\n(a) a room in the house that is not a habitable room to be used for sleeping purposes;\n(b) a habitable room in the house to be used for sleeping purposes unless—\n(i) for every person over the age of 10 years using the room there is at least 14 cubic\nmetres of air space per person; and\n(ii) for every person between the ages of 1 and 10 years there is at least 8 cubic metres of\nair space per person; or\n(c) any garage, shed or area under a veranda or patio to be used for sleeping purposes.\n3.6 Calculated sufficient space\nFor the purpose of clause 3.5, in calculating the space required for each person—\n(a) each room shall be considered separately and sufficient space shall be allowed in each room\nfor the number of persons present in the room at any one time; and\n(b) deduction shall be made for the space occupied by furniture, beds, equipment, fittings and\nprojections of the walls into a room.\n3.7 Ventilation\n(1) A person shall not use or occupy, or permit to be used or occupied, a house unless the house is\nproperly ventilated.\n(2) For the purpose of subclause (1) a house shall be deemed to be properly ventilated if it complies\nwith the Building Code, including the provision of—\n(a) natural ventilation; or\n(b) a mechanical ventilation or air-conditioning system complying with\nAS 1668.2.\n(3) The owner of a house provided with a mechanical ventilation or air-conditioning system as its only\nor prime means of ventilation shall ensure that the system is—\n(a) maintained in good working condition and in accordance with\nAS 3666.2; and\n(b) in use at all times the building is occupied.\n(4) If, in the opinion of an Authorised Officer, a house is not properly ventilated, the Authorised\nOfficer may by notice require the owner of the house to—\n(a) provide a different, or additional method of ventilation; or\n(b) cease using the house until it is properly ventilated.\n3.8 Sub-floor ventilation\nThe owner or occupier of a house shall make provision for sub-floor ventilation by ensuring that air\nbricks and other openings are kept clear of refuse, vegetation, building materials, dirt and the like.\nDivision 3—Water Supply\n3.9 Water supply\n(1) The owner of every house shall provide a continuous supply of drinking water, reticulated for use\nand obtained from—\n(a) a licensed water service operator;\n(b) an underground bore; or\n(c) a rainwater storage system with a minimum capacity of 120,000 litres.\n(2) The water supply shall at all times deliver an adequate supply of drinking water to each tap in the\nhouse.\n(3) The water supply to toilets or for garden use may be from an alternative source that is not\nnecessarily drinking water but must comply with the requirements of relevant legislation, codes of\npractice or guidelines where applicable.\n3.10 Rainwater tanks\nThe owner or occupier of a house for which the water supply is drawn from a rainwater tank shall\nensure that it is managed and maintained so as to meet the relevant standards in the\nAustralian\nDrinking Water Guidelines developed by the National Health and Medical Research Council and in\nparticular—\n(a) maintain in a clean condition—\n(i) the roof forming the catchment for the tank; and\n(ii) the guttering and downpipes appurtenant to the roof;\n\n","sortOrder":48},{"sectionNumber":"3610","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3610 GOVERNMENT GAZETTE, WA 8 October 2020\n(b) ensure that each rainwater tank is fitted with a tight-fitting mosquito proof cover which shall\nnot be removed at any time except for the purpose of inspecting, cleaning, repairing or\nmaintaining the tank;\n(c) if the tank water is breeding mosquitoes, eliminate the point of entry and treat with a small\nquantity of liquid paraffin at a rate of not more than 5 millilitres per square meter of surface\narea so as to form a thin even film over the whole surface or otherwise as advised by an\nAuthorised Officer;\n(d) inspect the rainwater tank and associated components at least every 6 months including\ngutters, catchment roof, tank inlet, debris traps, mosquito cowls, inside of the tank, tank roof\nand connecting pipework and remove any accumulated debris, leaf material or other\ncontaminants evident and repair any damaged components;\n(e) at least once every two years, inspect the bottom and walls of the tank for accumulated\nsediments, sludge and slime and where necessary thoroughly clean any tank which contains\nwater used for human consumption;\n(f) when directed by an Authorised Officer, empty, clean and disinfect any tank upon the\npremises which contains water used for human consumption; and\n(g) dispose of any organic material and water from cleaning and desludging operations around\nthe garden or yard ensuring that it is retained on site and does not cause a health nuisance.\n3.11 Bores and wells\nThe owner or occupier of any premises shall not use or permit for human consumption the use of\nwater from any bore or well unless the bore or well is—\n(a) at least 30 metres from any soak well, leach drain or irrigation area where effluent has been\ndischarged from any wastewater treatment system or any other possible source of pollution\nunless otherwise approved by the Chief Health Officer;\n(b) covered with a tight fitting cover without openings of any sort other than those essential for\nthe insertion of a pump; and\n(c) compliant with the requirements of the\nHealth Act (Underground Water Supply)\nRegulations 1959.\n3.12 Pollution\nA person shall not deposit on or under any land, any sewage, offensive matter or any other thing\nwhich may pollute or render unfit for human consumption, water from a well or other underground\nsource.\nDivision 4—Second-hand Furniture, Bedding and Clothing\n3.13 Prohibition on sale\nA person shall not offer for sale or sell any second-hand furniture, bedding or clothing which is filthy\nor infested with vermin or vectors of disease.\n3.14 Prohibition on possession\nA dealer in second-hand furniture, bedding or clothing shall not have on any premises used for the\noperation of the business any second-hand furniture, bedding or clothing which is filthy or infested\nwith vermin or vectors of disease.\nDivision 5—Morgues\n3.15 Licensing of morgues\n(1) All non-government morgues shall be licensed pursuant to the provisions of this clause.\n(2) An application for licence of a morgue shall be in a form as determined by the local government\nfrom time to time and shall be—\n(a) made by the applicant;\n(b) forwarded to the Chief Executive Officer with the fee as fixed by the local government from\ntime to time under Sections 6.16 to 6.19 of the\nLocal Government Act 1995.\n(3) A Certificate of Licence of a Morgue shall—\n(a) be in a form as determined by the local government from time to time; and\n(b) expire on 30 June next after the date of its issue.\n(4) A Certificate of Licence of a Morgue shall not be granted in respect of any premises unless—\n(a) provision has been made for the keeping of the bodies of the dead at a temperature not\nexceeding zero degrees Celsius;\n(b) the walls are constructed of stone or brickwork or other approved material;\n(c) the interior surface of all walls is covered with glazed tiles or is rendered impervious so as to\nbe non-absorbent and washable;\n(d) all floors are constructed of some impervious material, having a fall to an outlet discharging\nover a trapped gully; and\n(e) the premises are adequately ventilated by direct communication with the outside air.\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3611\nPART 4 –LIQUID REFUSE, LIQUID WASTE, BUTCHERS’ WASTE,\nRUBBISH AND REFUSE\nDivision 1—Liquid Refuse and Liquid Waste\n4.1 Interpretation\napparatus for the treatment of sewage has the same meaning as in section 3 of the\n(Miscellaneous Provisions) Act 1911;\nliquid refuse includes all washing from the commercial cleaning of vehicles, overflow, bleed off,\ncondensate and drainage from air conditioning equipment including cooling towers and\nevaporative coolers and other liquid used for cooling purposes and swimming pool discharges;\nliquid waste means wastewater or any other liquid waste from domestic, industrial or commercial\nactivities, other than effluent; and includes bathroom, kitchen, scullery and laundry wastes,\nall washings from animal and poultry pens and any other domestic or trade wastes that are\ndischarged by means of a drain to a receptacle for drainage;\nreceptacle for drainage has the same meaning as in the\nHealth (Treatment of Sewage and\nDisposal of Effluent and Liquid Waste) Regulations 1974.\n4.2 Deposit of liquid refuse\n(1) A person shall not deposit or cause or permit to be deposited liquid refuse—\n(a) on a street;\n(b) in a storm water disposal system; or\n(c) on any land or place other than a place or depot duly authorised for that purpose.\n(2) The owner or occupier of land on which a swimming pool is constructed shall ensure that all\nbackwash is not permitted to discharge onto or run-off onto adjacent land so as to cause a nuisance, or\ncause damage to any structures situated on adjacent land.\n(3) Subclause (2) shall not prevent the discharge of swimming pool backwash from a lot into a local\ngovernment approved stormwater drain or road by a method approved by an authorised officer.\n4.3 Disposal of liquid waste\n(1) The owner or occupier of premises shall provide, by one of the methods prescribed in this clause,\nfor the disposal of all liquid waste produced on the premises; and at all times maintain in good\nworking order and condition any apparatus used for the disposal of liquid waste.\n(2) Liquid waste shall be disposed of by one of the following methods—\n(a) discharging it into the sewage system of a licensed water service operator in a manner\napproved by the licensed water service operator;\n(b) discharging it into an apparatus for the treatment of sewage approved by the Chief Health\nOfficer or the local government; or\n(c) collection and disposal at an approved liquid waste disposal site in a manner approved by the\nChief Health Officer.\nDivision 2—Transport of Butchers’ Waste\n4.4 Interpretation\nbutchers’ waste includes animal skeleton and rib cages, from a boning room and the inedible\nproducts of an abattoir or a butcher’s shop.\n4.5 Restriction of vehicles\n(1) A person shall not use, for the transport of butchers’ waste a vehicle used for the transport of food\nor anything intended to be used for the packing or handling of food for human consumption.\n(2) A vehicle used for the transport of butchers’ waste shall not be used to transport any other item,\nsubstance or material which is not ‘butchers’ waste in the same compartment.\n4.6 Transport of butchers’ waste\n(1) A person shall not transport butchers’ waste otherwise than in a compartment complying with the\nfollowing specifications—\n(a) the floor and walls to be made of an approved impervious material;\n(b) all joints to be made water-tight;\n(c) the loading doors, if any, to be water-tight and kept closed at all times except when loading or\nunloading;\n(d) the top and sides are to be covered by a tarpaulin or other impervious material approved by\nan Authorised Officer so as to keep the load out of sight of the public; or\n(e) in a container which is water-tight, durable and impervious and which is fitted with a lid\nwhich can be tightly closed.\n(2) A person shall not transport any butchers’ waste in a vehicle unless the vehicle and its fittings,\nincluding the compartment or container referred to in this clause are—\n(a) maintained in good order and condition; and\n(b) thoroughly cleaned at the conclusion of each day’s work.\n\n","sortOrder":49},{"sectionNumber":"3612","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3612 GOVERNMENT GAZETTE, WA 8 October 2020\n(3) A person shall not load, transport, or unload butchers’ waste in a manner that is or may be\noffensive due to—\n(a) the sight of animal skeletons, bones, offal or waste matter;\n(b) the odour of putrefaction, offal or waste matter; or\n(c) the presence of blood and particles of flesh or fat dropping onto the surface of the street,\npavement or ground.\nDivision 3—Rubbish and Refuse\n4.7 Interpretation\nrubbish or refuse includes any filth, dirt, ashes, vegetation, garden refuse, waste material, waste\nfood, sludge, offensive matter, cinders, wood or metal shavings and sawdust but does not\ninclude liquid waste or liquid refuse; and\nrefuse disposal site means land set apart by the local government under the Act as a site for the\ndeposit of rubbish or refuse; or which is licensed or registered under the provisions of the\nEnvironmental Protection Regulations 1987; and any waste facility as defined in the\nWaste\nAvoidance and Resource Recovery Act 2007 that is operated by the local government.\n4.8 Deposit of refuse\nA person shall not deposit or cause or permit to be deposited any rubbish or refuse in or on any street\nor on any land other than a refuse disposal site defined in these local laws or a waste service or waste\nfacility as defined in the\nWaste Avoidance and Resource Recovery Act 2007 that is operated by the\nlocal government or by an approved contractor.\n4.9 Burning of rubbish or refuse\n(1) A person shall not set fire to rubbish, either in any incinerator or on the ground except in\naccordance with the conditions of the local government.\n(2) Subject to subclause (3), the burning of rubbish is subject to the following conditions—\n(a) the material to be burnt—\n(i) does not include any plastic, rubber, food scraps, green garden cuttings and other\nmaterial which may become offensive when burnt; and\n(ii) is of such quantity, or of such a nature, as to be unsuitable for removal by the local\ngovernment refuse collection service;\n(b) there is no other appropriate means of disposal;\n(c) burning shall not take place—\n(i) during any period for which an air dispersion alert has been issued by the Bureau of\nMeteorology; or\n(ii) where there is no current air dispersion alert, outside the hours of 10.00am to 6.00pm;\nand\n(d) burning shall only be undertaken using an incinerator that is designed to burn efficiently in\norder to minimise smoke emissions and which incorporates a spark arresting device and\nwhich is located—\n(i) at least 3 metres from a fence, building or inflammable matter; and\n(ii) in such a position so as not to create a nuisance or be offensive to other persons.\n(3) Subject to any requirements of a Fire Break Notice issued by the local government and any\ndirections issued by the Department of Fire and Emergency Services, the local government may grant\na permit to clear by burning fire breaks or vacant blocks of grass, straw, hay, undergrowth, herbage\nand other similar vegetation.\n(4) An owner or occupier of any building or development site shall ensure that no vegetation or other\nmaterial cleared from the site is burnt on the site.\n4.10 Suitable enclosure\n(1) An owner or occupier of premises—\n(a) consisting of more than 3 dwellings; or\n(b) used for commercial or industrial purposes or a food premises, shall if required by the local\ngovernment provide a suitable enclosure for the storage and cleaning of receptacles on the\npremises.\n(2) An owner or occupier of premises required to provide a suitable enclosure under this clause shall\nkeep the enclosure thoroughly clean and disinfected.\n(3) For the purposes of this clause, a “suitable enclosure” means an enclosure—\n(a) of sufficient size to accommodate all receptacles used on the premises but in any event having\na floor area not less than a size approved by the local government;\n(b) constructed of brick, concrete, corrugated compressed fibre cement sheet or other material of\nsuitable thickness approved by the local government;\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3613\n(c) having walls not less than 1.8 metres in height and having an access way of not less than\n1 metre in width and fitted with a self-closing gate; (d) containing a smooth and impervious\nfloor—\n(i) of not less than 75 millimetres in thickness; and\n(ii) which is evenly graded to an approved liquid refuse disposal system;\n(d) which is easily accessible to allow for the removal of the receptacles;\n(e) provided with a ramp into the enclosure having a gradient no steeper than 1:8 unless\notherwise approved by the local government; and\n(f) provided with a tap connected to an adequate supply of water.\n4.11 Provision of refuse receptacles\nThe owner or occupier of a building or development site shall at all times provide and maintain a\nrefuse receptacle, available for use on the site, which includes a suitable cover, to the satisfaction of\nan authorised officer, of such design as will—\n(a) contain any refuse likely to be produced on the site; and\n(b) prevent refuse being blown from the receptacle by wind.\n4.12 Control of refuse\n(1) From the time of commencement of works on a building site or development site until the time of\ncompletion of such work, the owner or occupier of the site shall take reasonable measures to—\n(a) ensure all refuse on the site is placed and contained in the refuse receptacle and prevented\nfrom being blown from the site by wind;\n(b) keep the site free from any refuse;\n(c) keep the street verge, and any other reserve, immediately adjacent to the site, free of refuse\nfrom the site; and\n(d) ensure the refuse receptacle is emptied when full.\n(2) The owner or occupier of a building site or development site shall ensure that within 2 days of\ncompletion of works on the site, the site and the street verge immediately adjacent to it, are cleared of\nall refuse and all refuse receptacles are removed from the site.\n4.13 Unauthorised storage of materials\n(1) All construction materials must be located on the building site or development site under\nconstruction, unless written approval has been given by the local government to store materials on\nanother property (including a road reserve).\n(2) An application for approval under subclause (1) must be—\n(a) in writing; and\n(b) accompanied by the written approval of the landowner of the land on which materials are\nproposed to be stored.\n4.14 Removal of refuse and disused materials\n(1) The owner or occupier of a lot shall not keep, or permit to remain on the lot, any refuse, rubbish or\ndisused material of whatever nature or kind which in the opinion of the local government or an\nauthorised officer is likely to give the lot an untidy appearance and does not conform with the general\nappearance of other land in that particular part of the district.\n(2) The local government or an authorised officer may give notice in writing to the owner or occupier\nof a lot requiring the removal of refuse, rubbish or disused material from the lot within the time\nspecified in the notice.\n4.15 Removal of unsightly overgrowth of vegetation\n(1) The owner or occupier of a lot shall not permit to remain on a lot, any unsightly overgrowth of\nvegetation that gives the lot an untidy appearance and does not conform with the general appearance\nof other land in that particular part of the district.\n(2) The local government or an authorised officer may give notice in writing to the owner or occupier\nof a lot requiring the removal of the overgrowth of vegetation within the time specified in the notice.\n4.16 Storage of vehicles, vessels and machinery\nThe owner or occupier of a lot shall not—\n(a) store, or allow to remain in public view on any lot, more than 1 vehicle, vessel or machinery\n(whether licensed or not) in a state of disrepair;\n(b) store, or allow to remain in public view on any lot, any vehicle, vessel or machinery in a state\nof disrepair for a period in excess of 1 month;\n(c) store, or allow to remain in public view on any lot, any vehicle parts, vessel parts or\nmachinery parts (including tyres);\n(d) wreck, dismantle or break up any vehicle, part or body of a vehicle parts, vessel or machinery\nexcept where performed—\n(i) inside a building; or\n(ii) within an area enclosed by a fence or wall of not less than 1.8 metres in height and of\nsuch a nature as to screen all vehicles, parts or bodies of vehicles, vessels or machinery\nfrom the street and from adjoining properties; or\n(e) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance.\n\n","sortOrder":50},{"sectionNumber":"3614","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3614 GOVERNMENT GAZETTE, WA 8 October 2020\n4.17 Disposing of disused refrigerators or similar containers\nA person shall not place, leave or dispose of a disused refrigerator, ice chest, ice box, trunk, chest or\nother similar article having a compartment which has a capacity of 0.04 cubic metres or more on any\nland without first—\n(a) arranging for the removal of any refrigerants by a suitably qualified person; and\n(b) removing every door and lid and every lock, catch and hinge attached to a door or lid; or\n(c) rendering every door and lid incapable of being fastened.\nPART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n5.1 Interpretation\ncar park means premises, or any part of premises, set aside for parking of 3 or more motor\nvehicles;\ndust means any visible granular or particulate material which has or has the potential to become\nairborne and includes organic and non-organic matter and sand, but does not include smoke;\nfertiliser includes manure;\nliquid waste means waste from any process or activity, whether useful or useless, that is in liquid\nform and includes paint, fuel, grease, fat, oil, degreaser, solvent, detergent, chemical, animal\nwaste, food waste, effluent and all discharges of liquid to land, air or water that are not\notherwise authorised by a written law but does not include uncontaminated stormwater;\noccupier means any person who is in control of any land or part of any land or authorised by the\nowner, lessee, licensee or any other person empowered to exercise control in relation to land\nto perform any work in relation to any land and without limiting the generality of the\nforegoing and for the avoidance of doubt includes a builder or contractor; and\npublic vehicle includes bus, tram, taxi or any other public transport.\n5.2 Escape of smoke etc.\n(1) An owner or occupier of premises shall take reasonable measures to prevent the escape of smoke,\ndust, fumes, offensive or foul odours, liquid waste or liquid refuse from the premises in such quantity\nor of such a nature as to cause or to be a nuisance.\n(2) A person shall not on any land of an area 0.4 hectares or less, set fire to rubbish, refuse or other\nmaterials on rural residential zoned property unless—\n(a) written approval has first been obtained from the local government;\n(b) the person demonstrates to the satisfaction of the local government that reasonable\nalternatives for the disposal of the rubbish, refuse or other material do not exist and the\npotential for pollution is low;\n(c) the material does not include any plastic, rubber, food scraps, green garden materials or other\nmaterial likely to cause the generation of smoke or odour in such quantity as to cause a\nnuisance to other persons;\n(d) a haze alert has not been issued by the Bureau of Meteorology for the period during which\nburning is to take place; and\n(e) the burning complies with the\nBush Fires Act 1954, any annual fire hazard reduction notice\nissued by the local government under that Act and any conditions of approval as determined\nby the local government.\n(3) Subclause (2) shall not apply to any barbeque, solid fuel water heater, space heater or ovens fired\nwith dry paper, dry wood, synthetic char or charcoal type fuel.\n(4) Subclause (2) is subject to any fire danger rating as determined by the Bureau of Meteorology.\n5.3 Public vehicles to be kept clean\nThe owner or person in control of a public vehicle shall take reasonable measures to maintain the\nvehicle at all times—\n(a) in a clean condition;\n(b) free from vectors of disease; and\n(c) whenever directed to do so by an Authorised Officer, thoroughly clean and disinfect the\nvehicle.\n5.4 Prohibition against spitting\nA person shall not spit on a footpath, street or within or on, any public place, building or facility\naccessible to the public which is within the local government’s jurisdiction.\n5.5 Dust management\n(1) If an owner or occupier of land intends to undertake any work involving the clearing of land, from\nwhich any sand or dust is likely to be released whether by means of wind, water or any other cause,\nthe owner or occupier shall—\n(a) submit to an authorised officer a Dust Management Plan in accordance with “A guideline for\nmanaging the impacts of dust and associated contaminants from land development sites,\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3615\nremediation and other related activities (2011)” as produced by the Department of Water and\nEnvironmental Regulation, and amended from time to time; and\n(b) obtain written approval of the Dust Management Plan from an authorised officer before\ncommencement of any work.\n(2) An owner and or occupier of land must take effective measures to—\n(a) stabilise dust on the land;\n(b) contain all liquid waste on the land;\n(c) ensure no dust or liquid waste is released or escapes from the land whether by means of wind,\nwater or any other cause; and\n(d) notify the owners or occupiers of adjoining land in writing 48 hours prior to the\ncommencement of any activity that has the potential to cause the release or escape from the\nland of dust or liquid waste giving details of;\n(i) the nature of the activity;\n(ii) the proposed commencement time, frequency, duration time and location of the activity;\nand\n(iii) the name of the person responsible for carrying out the activity and how and where\nthat person may be contacted.\n(3) The local government may serve on the owner and or occupier a notice requiring the owner or\noccupier to undertake one or more of the following—\n(a) comply with subclause (2)(a) or (2)(b);\n(b) clean up and properly dispose of any released or escaped dust or liquid waste;\n(c) clean up and make good any damage resulting from the released or escaped dust or liquid\nwaste; and\n(d) take effective measures to stop any further release or escape of dust or liquid waste.\n(4) The requirements set out in a notice issued under subclause (3) must be complied with—\n(a) within 48 hours of service of the notice where no other time is specified;\n(b) within such other period as is specified in the notice; or\n(c) immediately, if the notice so specifies.\n(5) Where the local government forms the opinion that dust or liquid waste has escaped or has been\nreleased from an activity undertaken on land or as a consequence of the use of equipment on land, the\nlocal government may serve a notice on the owner and or occupier of the land and or the operator of\nthe equipment, as the case may be, requiring that the activity or use of the equipment on the land be\nceased immediately, for such period as is specified in such notice.\n(6) Where the local government is of the opinion that dust or liquid waste may be released or escape\nas a result of an activity which is likely to be carried on from any land, the local government may give\nto the owner and or occupier a notice providing that the activity may only be carried on subject to\nconditions specified in the notice.\n5.6 Emission or reflection of light\n(1) Where artificial light is emitted or reflected from anything on a lot so as to contravene the\nrequirements of Australian Standard AS 4282, then every owner and occupier of the lot commits an\n(2) Where natural light is reflected from anything on a lot so as to create or be a nuisance to any—\n(a) owner or occupier of land; or\n(b) person using a thoroughfare as a thoroughfare, then every owner and occupier of the lot\ncommits an offence.\n(3) All lighting installations as defined within the Australian Standard AS 4282 must be maintained\nin good working order and repair at all times.\n(4) An owner and or occupier of a lot on which floodlights, lighting installations or other exterior\nlights are erected or used shall not allow the floodlights or other exterior lights to shine directly onto\nan adjoining lot.\n(5) The local government may give a notice to the owner and or occupier of a lot—\n(a) requiring that any reflective surfaces creating a nuisance within clause 5.6(1) be painted or\notherwise treated so as to abate the nuisance; and\n(b) on which floodlights, lighting installations or other exterior lights are erected, requiring—\n(i) the hours of use of the lighting to be limited to the hours specified in the notice; or\n(ii) the direction in which the lights are shining to be altered as specified in the notice.\n5.7 Car parks\n(1) A person shall not use or occupy, or permit to be used or occupied, a car park unless it is ventilated\nby either—\n(a) natural ventilation; or\n(b) mechanical means, in accordance with AS 1668.2:2012.\n\n","sortOrder":51},{"sectionNumber":"3616","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3616 GOVERNMENT GAZETTE, WA 8 October 2020\n(2) If, in the opinion of the local government, a car park is not properly ventilated, the local\ngovernment may by notice require the occupier within a specified time to—\n(a) provide a different or additional method of ventilation; and\n(b) cease using the car park until it is properly ventilated.\n(3) An occupier shall comply with a notice under subclause (2).\n(4) An owner or occupier shall ensure that—\n(a) all exhaust air that is discharged from a car park shall be discharged at discharge points in\naccordance with AS 1668.2:2012;\n(b) located so that the hourly average exhaust flow rate is not reduced below the minimum\nrequirement of AS 1668.2:2012, at a velocity and in a direction so as not to be a danger to\nhealth or a nuisance;\n(c) exhaust registers are located as far as possible from the source of supply air;\n(d) in the case of a car park having a floor level below that of the external ground level, at least\n50% of the required air is drawn into exhaust registers having their bottom edge located\nwithin 100 millimetres of the floor level; and\n(e) any mechanical ventilation system is—\n(i) maintained in good working condition; and\n(ii) in operation at all times when the car park is in use.\n5.8 Transportation, use and storage of offal or blood\nA person shall not transport or store offal or blood, for the purpose of being used as manure, unless it\nhas been sterilised by steam and properly dried or by some other effective method approved by an\n5.9 Use or storage of fertiliser\nAn owner or occupier of premises shall not use or keep for the purpose of use, as fertiliser any-\n(a) pig manure;\n(b) human faeces; or\n(c) urine.\n5.10 Storage and dispatch of artificial fertiliser\nAn owner or occupier of premises where artificial fertiliser is stored in bulk for sale shall—\n(a) keep all artificial fertiliser in a building—\n(i) of which the walls, floors and ceilings or undersides of the roof are constructed of\ndurable and non-absorbent materials finished internally with a smooth surface; and\n(ii) free from damp and properly ventilated;\n(b) take proper precautions to prevent the emission of dust or offensive effluvia from the\nbuilding; and\n(c) ensure that all artificial fertiliser dispatched from the premises is packed in such a manner so\nas to prevent any nuisance arising during transit.\n5.11 Storage of fertiliser and compost\n(1) Subject to subclause (2), fertiliser and compost is not to be stored inside a dwelling house in a\nhabitable room, kitchen, laundry, bathroom, living area, passage way or bedroom.\n(2) Fertiliser and compost can be stored—\n(a) in a non-habitable building such as a shed, garage or storage room which is fully enclosed,\nwell ventilated and separated from the habitable areas of the dwelling house; or\n(b) in an outside area.\n(3) The owner or occupier of premises where fertiliser or compost is stored shall—\n(a) prevent the escape of odours, dust or particles which could cause a nuisance;\n(b) treat the fertiliser or compost in such a manner so as to effectively prevent it attracting or\nbeing a breeding place for flies or other insects; and\n(c) store only such amounts of fertiliser or compost—\n(i) as can be readily used within a reasonable period; or\n(ii) as may be directed by an Authorised Officer.\n5.12 Commercial vehicles\n(1) A person shall not park a vehicle containing livestock in a townsite for a period in excess of\n30 minutes.\n(2) A person shall not park a vehicle which contains or has been used for the carriage of livestock so\nas to create or be a nuisance to any person, by reason of the odour emanating from the vehicle.\n(3) If a person parks a vehicle containing livestock in a townsite in accordance with subclause (1),\nthen the person does not contravene subclause (2).\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3617\nDivision 2—Keeping of Animals\n5.13 Cleanliness\nAn owner or occupier of premises in or on which a dog, cat or other animal or bird is kept shall—\n(a) keep the premises free from excrement, filth, food waste and all other matters which is or is\nlikely to become offensive or injurious to health or to attract rats or other vermin and vectors\nof disease;\n(b) when so directed by an Authorised Officer, clean and disinfect the premises; and\n(c) keep the premises, so far as possible, free from flies or other vermin and vectors of disease by\nspraying with a residual insecticide or other effective means.\n5.14 Animal enclosures\n(1) A person shall not keep or cause or permit to be kept any animals or birds on premises which are\nnot effectively drained or of which the drainage flows to the walls or foundations of any building.\n(2) The owner or occupier of premises where animals or birds are kept shall, when directed by an\nAuthorised Officer, pave, grade and drain floors of all structures and the surface of the ground of all\nenclosures used for the keeping of animals or birds.\n(3) The owner or occupier of premises where an animal is kept must ensure that each animal is kept\nin a suitable enclosure that effectively prevents it from escaping.\n(4) The owner or person in charge of livestock shall not permit livestock to stray or to be at large in a\nstreet, public place or upon private property without the consent of the property owner.\n5.15 Slaughter of animals\n(1) Subject to subclause (2), a person shall not slaughter any animal within the district.\n(2) Subclause (1) does not apply to—\n(a) euthanasia of animals by veterinarians or other duly authorised officers;\n(b) the slaughter of animals for human consumption in abattoirs approved by the local\ngovernment;\n(c) farmers, pastoralists and the like who slaughter stock for their own consumption and who are\nexempted under Regulation 20 (2) of the\nFood Regulations 2009; and\n(d) slaughter of animals for the purposes of pet meat and game meat operations.\n5.16 Disposal of dead animals\n(1) An owner or occupier of premises on which there is a dead animal shall immediately remove the\ncarcass and arrange for its disposal at an approved disposal site.\n(2) An owner, or a person having the care of any animal that dies or is killed in a public or private\nplace, shall immediately remove the carcass and arrange for its disposal at an approved disposal site.\n(3) The requirements of subclauses (1) and (2) shall not apply to farmers, pastoralists and the like\nwho dispose of carcasses on rural land in a manner that is not likely to pollute or be dangerous or\ninjurious to health.\n(4) 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.\nDivision 3—Keeping of Approved Animals\n5.17 Interpretation\napproved animal includes a horse, cow, pig, sheep, camel, alpaca, llama, deer, goat or other large\nanimal;\ncow includes an ox, calf or bull;\nhorse includes an ass, mule, donkey or pony; and\nnatural shelter means a mature tree or belt of trees.\n5.18 Keeping of approved animals and provision of stables\n(1) An owner or occupier of premises shall not keep an approved animal within a townsite or on a\nproperty of 0.5 hectares or less, without approval of the local government.\n(2) An owner or occupier of premises who keeps an approved animal shall provide adequate natural\nshelter if approved by the local government or a stable which shall comply with the requirements of\nthe Building Code, and which—\n(a) is not situated within 15 metres of a house;\n(b) has exclusive space for each animal of 0.2 hectares;\n(c) is constructed of weatherproof materials and of a design which provides adequate protection\nfrom the elements;\n(d) provides adequate natural ventilation;\n(e) prevents the animal from escaping; and\n(f) subject to subclauses (6) and (8), has a floor, which—\n(i) is constructed of a material approved by an Authorised Officer; and\n(ii) has a fall which effectively drains liquid wastes into a trapped gully situated outside\nthe stable and discharged in a manner approved by an Authorised Officer.\n\n","sortOrder":52},{"sectionNumber":"3618","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3618 GOVERNMENT GAZETTE, WA 8 October 2020\n(3) An application for approval of an approved animal shall include the following information—\n(a) a plan of the property, at a scale not less than 1:200, with dimensions clearly marked,\nshowing where it is proposed that the animal is to be kept and the distance of that location\nfrom any residential building on another lot, or commercial premises;\n(b) a sketch plan, at a scale of 1:100, indicating the nature of the shelter or housing to be\nprovided for the animal; and\n(c) a detailed written plan for the management of manure which addresses—\n(i) control of flies and other vermin;\n(ii) disease prevention; and\n(iii) prevention of nuisance odours.\n(4) The local government may vary the conditions of approval after it has been issued, and shall give\nnotice of such variation to the owner or occupier within 14 days of such variation.\n(5) The local government may cancel its approval in the event that the owner or occupier—\n(a) fails to comply with any condition of the approval; or\n(b) breaches this clause.\n(6) The owner or occupier of premises on which a stable is located shall—\n(a) maintain the stable in a clean and hygienic condition at all times;\n(b) keep all parts of the stable so far as possible free from flies, vermin or other vectors of\ndisease; by spraying with an approved residual insecticide or other effective means; and\n(c) comply with the relevant requirements of the\nBiosecurity and Agriculture Management\nAct 2007 and the\nBiosecurity and Agriculture Management (Stable Fly) Management Plan\n2016 (as amended from time to time by the Department of Primary Industries and Regional\nDevelopment).\n(7) The owner or occupier of a stable shall comply with any direction or notice of an Authorised Officer\nin relation to its state of repair, cleanliness, hygiene, control of pests or any other matter which is\nconsidered necessary to prevent health nuisances or maintain a satisfactory standard for the keeping\nof animals therein.\n(8) The owner or occupier of premises that contains a stable is to ensure a stable shall—\n(a) have a proper separate stall—\n(i) for each horse or cow; and\n(ii) with walls measuring not less than 3 metres, both horizontally and vertically, unless it\nhas a sand floor provided in accordance with subclause (8)(f); and\n(iii) with a floor area of not less than 11 square metres, unless it has a sand floor provided\nin accordance with subclause (8)(f);\n(b) have each wall and roof constructed of an approved impervious material;\n(c) have a roof that covers the entire floor area of the stall;\n(d) have on all sides of the building between the wall and the roof a clear opening of at least\n150 millimetres in height;\n(e) subject to subclause (8)(f), have a floor, the upper surface of which shall—\n(i) be at least 75 millimetres above the surface of the ground;\n(ii) be constructed of cement, concrete or other similar impervious materials; and\n(iii) have a fall ratio of 1:100 to a drain, which shall empty, into a trapped gully situated\noutside the stable and shall discharge in a manner approved by the local government;\nor\n(f) have a sand floor, if permitted by the local government, subject to the following—\n(i) the site must be well drained with the highest known water table at least 0.6 metres\nbelow the sand floor level, which may be achieved artificially;\n(ii) a 300 millimetres thick bed of aggregate approved by an authorised officer shall be laid\nunder the sand of the stable;\n(iii) sand, whether natural or imported, must be clean, coarse and free from dust;\n(iv) footings to each stable shall be a minimum of 450 millimetres below ground level;\n(v) the stable design must allow for the access of small earth moving machinery, such as a\nskid steer loader, into each individual stall, to maintain the correct floor height;\n(vi) the minimum floor area of each stall shall be not less than 28 square metres and walls\nshall not be less than 3 metres vertically or 4 metres horizontally; and\n(vii) the roofed area of each stall shall not be less than 50 percent of the floor area of the\nstall.\n(g) Where an owner had lawful authority to keep an approved animal on their premises prior to\nthis local law coming into operation, they are not required to obtain approval under this\nclause; however they will not substitute or replace any approved animal once that animal—\n(i) dies; or\n(ii) is permanently removed from the premises.\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3619\n5.19 Proximity of approved animals to a dwelling house\nAn owner or occupier of premises shall not permit an approved animal to approach within 15 metres\nof a dwelling house.\n5.20 Manure receptacles\nAn owner or occupier of premises on which a stable is constructed shall—\n(a) provide in a position convenient to the stable a receptacle for manure, constructed of smooth,\nimpervious, durable material that is easily cleanable and provided with a tight fitting hinged\ncover, and with no part of the floor 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 as often as may be necessary to\nprevent it coming offensive or a breeding place for flies or other vectors of disease;\n(d) keep the receptacle so far as possible free from flies or other vectors of disease by spraying\nwith a residual insecticide or other effective means; and\n(e) cause all manure produced on the premises to be collected daily and placed in the receptacle.\nDivision 4—Keeping of Poultry and Pigeons\n5.21 Interpretation\n(1) In this division, unless the context otherwise requires—\npoultry includes fowls, peafowls, turkeys, geese, ducks, chickens, bantams and other domestic\nfowls;\npigeons are birds that are classified within the family Columbidae and includes doves; and\nmiscellaneous birds includes all birds other than poultry and pigeons.\n(2) This division applies to the keeping of poultry on residential properties for domestic purposes and\nnot to commercial poultry establishments such as broiler, breeder or egg producing farms.\n(3) Commercial poultry establishments mentioned in subclause (2) are to manage operations in\naccordance with the\nEnvironmental Code of Practice for Poultry Farms in Western Australia 2004\nproduced by the Western Australian Broilers Growers Association and Poultry Farmers Association of\nWestern Australia, in conjunction with state and local authorities to control environmental and\nhealth nuisances.\n5.22 Limitation on numbers of pigeons, poultry and miscellaneous birds\n(1) An owner or occupier of premises in a townsite shall not keep a combined total of more than\n12 poultry and 12 pigeons on any one lot of land.\n(2) An Authorised Officer may issue a written notice to the owner or occupier of land, whether in a\ntownsite or not, where poultry or pigeons are kept for the number of poultry and pigeons to be\nreduced to ensure that a health nuisance does not exist.\n(3) An Authorised Officer may increase the number of poultry or pigeons kept on any one lot of land if\nsatisfied that a health nuisance does not exist.\n(4) An owner or occupier shall not keep more than 20 miscellaneous birds on any premises within the\ndistrict unless otherwise approved.\n(5) An owner or occupier shall not keep pigeons, poultry or miscellaneous birds so as to create a\nnuisance.\n(6) An Authorised Officer may apply relevant conditions, or require a reduction of the approved\nnumber of poultry, pigeons, or miscellaneous birds on any premises within the district, or\nalternatively prohibit the keeping of poultry, pigeons, or miscellaneous birds on a particular premises,\nif the conditions of this Division are not complied with or if unreasonable noise or a nuisance is being\ncaused.\n(7) An owner or occupier shall comply with a direction of an authorised officer under this clause.\n(8) Subclause (4) does not apply to premises used for veterinary purposes or as a pet shop.\n5.23 Conditions of keeping poultry\n(1) A person who keeps poultry or permits poultry to be kept shall ensure that—\n(a) all poultry is kept in a properly constructed and securely fastened structure or enclosure;\n(b) the structure or enclosure is in a yard having an otherwise unobstructed area of at least\n30 square metres; and\n(c) no poultry is able to approach within 15 metres of a street other than a right of way unless, in\nthe case of land at the junction of two or more streets, an Authorised Officer has approved a\nlesser distance.\n(2) A person who keeps poultry or permits poultry to be kept shall ensure no poultry is able to\nencroach within 15 metres of a dwelling house, public building, or premises where people are\nemployed or premises where food is stored, prepared manufactured or sold.\n5.24 Roosters, Geese, Turkeys, Peafowl and Gamebirds\n(1) An owner or occupier of premises shall not within a townsite or on properties with an area of\n2 hectares or less, keep or permit to be kept on those premises, any one or more of the following birds\nwithout the written approval of the local government—\n(a) a rooster;\n(b) a goose or gander;\n\n","sortOrder":53},{"sectionNumber":"3620","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3620 GOVERNMENT GAZETTE, WA 8 October 2020\n(c) a turkey;\n(d) a peacock or peahen; and\n(e) a gamebird (includes emus and ostriches).\n(2) An Authorised Officer may, upon written application, grant approval with or without conditions to\nthe owner or occupier of premises to keep on the premises a specified number of birds under this\n(3) An Authorised Officer may rescind approval for the keeping of birds under this clause if they cause\na nuisance.\n5.25 Conditions of keeping pigeons\nA person who keeps, or permits to be kept, pigeons shall ensure that—\n(a) none is able to approach within 15 metres of a dwelling, public building or premises where\npeople are employed or where food is stored, prepared, manufactured or sold; and\n(b) except where homing pigeons are freed for exercise, the pigeons are kept in a properly\nconstructed pigeon loft that is in a yard having an otherwise unobstructed area of at least\n30 square metres.\n5.26 Removal of nonconforming structures or enclosures\nIf a structure or enclosure is used for the keeping of poultry or pigeons contrary to the provisions of\nclauses 5.23 or 5.25, as applicable, an Authorised Officer may direct the owner or occupier to amend it\nor remove it.\n5.27 Restrictions on pigeon nesting or perching\nAn Authorised Officer may order an owner or occupier of a house or other structure in or on which\npigeons are, or are in the habit of, nesting or perching so as to create a health nuisance to take\nadequate steps to prevent them continuing to do so.\n5.28 Restrictions on feeding wild birds\n(1) A person shall not feed a pigeon, dove, seagull, ibis, raven or other wild bird—\n(a) so as to cause a nuisance or be injurious or dangerous to health; or\n(b) with a food or substance that is not a natural food of a bird.\n(2) Where an authorised officer forms the opinion that a person has not complied with subclause (1)\nthe authorised officer may serve the person a notice requiring the person to clean up and properly\ndispose of any feed or waste products specified in the notice.\nDivision 5—Feedlots\n5.29 Interpretation\nfeedlot means a confined area with watering and feeding facilities where animals are held and fed\nfor the purpose of weight gain;\nanimal includes cattle, sheep, goats, deer and the like; and\nsensitive land use means land use sensitive to emissions from industry and infrastructure, and\nincludes land uses of residential developments, hospitals, hotels, motels, hostels, caravan\nparks, schools, nursing homes, child care facilities, shopping centres, playgrounds, public\nbuildings, commercial and industrial land uses which require a high level of amenity or are\nsensitive to particular emissions.\n5.30 Premises to be approved\n(1) No premises shall be used as a feedlot unless approved by the local government\n.\n(2) Notwithstanding subclause (1), cattle feedlots with more than 500 animals are to be licensed\nunder Schedule 1 (Category 1) of the\nEnvironmental Protection Regulations 1987 being premises—\n(a) situated less than 100 metres from a watercourse; and\n(b) on which the number of cattle per hectare exceeds 50; or\n(c) registered under Schedule 1, Part 2 (Category 68) for premises—\n(i) situated 100 metres or more from a watercourse; and\n(ii) on which the number of cattle per hectare exceeds 50.\n(3) Feedlots are to be sited so that every portion of the feedlot is—\n(a) greater than 50 metres from neighbouring rural property boundaries;\n(b) greater than 100 metres from any public road or recreation area;\n(c) greater than 300 metres from any major water courses, lakes, wetlands;\n(d) greater than 300 metres from any bore, well or soak well used for drinking, stock or\nirrigation;\n(e) greater than 1000 metres from any sensitive land use; and\n(f) greater than 5000 metres from any townsite.\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3621\n5.31 Management of beef cattle feedlots\nBeef cattle feedlots are to be operated and managed in accordance with the\nGuidelines for the\nEnvironmental Management of Beef Cattle Feedlots in Western Australia (2004).\n5.32 Site conditions\nThe owner or occupier of an approved feedlot must ensure that—\n(a) the premises is sited in an area where the land slope is no greater than 1:20 but no less than\n1:100;\n(b) the premises is sited on sandy loam soils rather than coarse sand;\n(c) the premises has a minimum groundwater clearance of 3 metres;\n(d) drainage diverts all uncontaminated stormwater from the general waste stream;\n(e) stock numbers per pen do not cause dust and effluvia to become a nuisance; and\n(f) the premises has solid and liquid waste disposal arrangements that are not offensive or\ninjurious to health.\n5.33 Compliance with direction or notice of an Authorised Officer\nThe owner or occupier of a feedlot shall comply with any direction or notice of an Authorised Officer in\nrelation to its state of repair, cleanliness, hygiene, control of pests or any other matter which is\nconsidered necessary to prevent health nuisances or maintain a satisfactory standard for the keeping\nof animals therein.\nPART 6—PEST CONTROL\nDivision 1—Flies\n6.1 Interpretation\nIn this division, unless the context otherwise requires,\nflies means any of the two-winged insects\nconstituting the order\nDiptera commonly known as flies.\n6.2 Control of flies\nOwners and occupiers of any land within the district that is breeding flies, or that is likely to breed\nflies, are to comply with the requirements of the\nFly Eradication Regulations.\nDivision 2—Mosquitoes\n6.3 Interpretation\nmosquitoes means any of the two-winged\ninsects constituting the family\nDiptera Clicidae commonly known as mosquitoes.\n6.4 Measures to be taken to prevent mosquito breeding\nAn owner or occupier of premises shall ensure that the premises are kept free from possible mosquito\nbreeding sites and shall–\n(a) follow any direction or notice of an Authorised Officer for the purpose of—\n(i) controlling the prevalence of mosquitoes;\n(ii) eradication of mosquitoes; and\n(iii) effectively preventing the breeding of mosquitoes; and\n(b) assist an Authorised Officer to locate any possible mosquito breeding sites that may be\npresent in or about the premises.\n6.5 Measures to be taken by occupier\nAn occupier of premises where water is kept in a horse trough, poultry drinking vessel or other\nreceptacle shall—\n(a) frequently change the water; and\n(b) keep the water clean and free from vegetable matter and slime. Where it appears to the\nauthorised officer that there is, on any premises, undergrowth or vegetation likely to harbour\nmosquitoes, the authorised officer may direct the owner or occupier of the premises to cut\ndown and remove within a specified time the undergrowth or vegetation.\n6.6 Removal of undergrowth or vegetation\nWhere it appears to an Authorised Officer that there is, on any premises, undergrowth or vegetation\nlikely to harbour mosquitoes, the officer may direct, orally or in writing, the owner or occupier of the\npremises to cut down and remove within a specified time the undergrowth or vegetation.\n6.7 Filling in excavations etc.\nA person who undertakes any activity on any land which creates an excavation likely to hold water\nand cause mosquito breeding shall as soon as practicable following the completion of the activity, and\ntaking into consideration the purpose of the excavation, ensure that the excavation is filled in with\nclean material and made level with the surrounding surface or alternatively treated with an approved\npesticide to control mosquito breeding.\n\n","sortOrder":54},{"sectionNumber":"3622","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3622 GOVERNMENT GAZETTE, WA 8 October 2020\n6.8 Drains, channels and septic tanks\nAn owner or occupier of land shall—\n(a) cause all drains and channels in or on the land to be kept in good order and free from\nobstruction; and\n(b) where a septic tank is installed on the land—\n(i) apply an approved larvicide according to the direction on the container, into the septic\ntank system, whenever directed to do so by an Authorised Officer; and\n(ii) provide, and keep in sound condition at all times, wire mesh having openings no larger\nthan 1.2 millimetres covering any inlet vent to the tank.\n6.9 Drainage of land\nAn owner or occupier of land upon which there is water liable to become a breeding place for\nmosquitoes shall, when required by the local government, effectively drain the land and, for that\npurpose, shall—\n(a) make or provide drains on the land;\n(b) remove all irregularities in the surface of the land; and\n(c) if necessary, adjust the surface of the land or raise the level of the surface in such a manner\nthat—\n(i) the water on the land may flow into the drains without obstruction;\n(ii) no water shall remain on any portion of the land other than the drains; and\n(iii) keep all drains in good order and free from obstruction.\nDivision 3—Rodents\n6.10 Interpretation\nrodents means those animals belonging to the\norder\nRodentia and includes rats and mice but does not include native rodents, laboratory bred rats\nand mice or animals (other than rats) kept as pets in an enclosure designed for the purpose of keeping\nas pets animals of that kind.\n6.11 Measures to be taken to eradicate rodents\n(1) An owner or occupier of premises shall at all times take effective measures to eradicate any\nrodents in or on the premises.\n(2) A person must not store, or allow to be stored, on any premises, any food, refuse or other waste\nmatter unless it is contained in a rodent proof receptacle or compartment.\n(3) An Authorised Officer may direct, orally or in writing, an owner or occupier of premises to take\nwhatever action, in the opinion of the Authorised Officer, is necessary to prevent the presence of\nrodents in or on the premises.\nDivision 4—Cockroaches\n6.12 Interpretation\nThis this division, unless the context otherwise requires\ncockroach means any of the various\northopterous insects commonly known as cockroaches.\n6.13 Measures to be taken to eradicate cockroaches\n(1) An owner or occupier of premises shall take effective measures to eradicate any cockroaches in or\non the premises.\n(2) An Authorised Officer may direct, orally or in writing, an owner or occupier of premises to take\nwhatever action is necessary to prevent or deter the presence of cockroaches in or about the premises.\n(3) An owner or occupier shall within the time specified comply with any direction given by an\nDivision 5—Argentine Ants\n6.14 Interpretation\nArgentine ant means an ant belonging to the\nspecies\nLinepithema humile (formerly\nIrdomyrmex humilis).\n6.15 Measures to be taken to keep premises free from Argentine ants\nAn owner or occupier of premises shall comply with the requirements of an Authorised Officer if an\ninfestation of Argentine ants are found on their premises.\nDivision 6—European Wasps\n6.16 Interpretation\nEuropean wasp means a wasp belonging to the\nspecies\nVespula germanica.\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3623\n6.17 Measures to be taken to keep premises free from European wasp nest\nAn owner or occupier of premises shall ensure that the premises are kept free from European wasp\nnests and shall—\n(a) immediately notify the local government of any wasp nest in, on or about the premises that is\nsuspected to be a European wasp nest;\n(b) follow any direction of an Authorised Officer for the purpose of destroying the wasps and their\nnest; and\n(c) assist an Authorised Officer, of his or her representative, to trace any nest that may be\npresent in, on or about the premises.\nDivision 7—Bee Keeping\n6.18 Interpretation\nbee means an insect belonging to any of the various\nhymenopterous insects of the super family\nApoidea and commonly known as bee; and\nhive means a moveable or fixed structure, container or object in which a colony of bees is kept.\n6.19 Limitation on numbers of hives\n(1) A person shall not keep or permit the keeping of bees anywhere within the district unless approval\nto do so has been given by an Authorised Officer.\n(2) Subject to subclauses (3) and (4), a person shall not keep or permit the keeping of bees\nin more than 2 hives on a lot.\n(3) An Authorised Officer may, upon written application, consent, with or without conditions, to a\nperson keeping bees in more than 2 hives on a lot.\n(4) A person shall comply with any conditions imposed by an Authorised Officer under subclause (3).\n6.20 Restrictions on keeping of bees in hives\nA person shall 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 is provided on the lot which is readily accessible\nto bees;\n(b) no more than 2 hives are kept on land of less than 2,000 square metres in area unless\notherwise approved; (c) the hive is kept—\n(i) outside, and at least 10 metres from, any building other than a fence;\n(ii) at least 10 metres from any footpath, street, private street or public place; and\n(iii) at least 5 metres from the boundary of the lot;\n(c) the hive is enclosed on all sides by a fence, wall or other enclosure to encourage bees to fly at\na height over the property boundary; and\n(d) the person is registered as a beekeeper if required by the\nAgriculture Management\n(Identification and Movement of Stock and Apiaries) Regulations 2013.\n6.21 Bees which cause a nuisance not to be kept\n(1) A person shall not keep, or permit the keeping of, bees which cause a nuisance.\n(2) An Authorised Officer may direct any person to remove any bees or beehives which in the opinion\nof the Authorised Officer are causing a nuisance.\nDivision 8—Arthropod Vectors of Disease\n6.22 Interpretation\narthropod vectors of disease includes—\n(a) fleas (Siphonaptera);\n(b) bedbugs (Cimex lectularious);\n(c) crab lice (Phthirus pubis);\n(d) body lice (Pediculus humanus var. corporis); and\n(e) head lice (Pediculus humanus var. capitis).\n6.23 Responsibility of the owner or occupier\nThe owner or occupier of the premises shall—\n(a) keep the premises and any person residing in or on the premises free from any arthropod\nvectors of disease; and\n(b) comply with the direction of an Authorised Officer to treat the premises, or anything on the\npremises, for the purpose of destroying any vectors of disease.\n6.24 Local government may execute work and recover costs\n(1) Where—\n(a) a person is required under this part or directed by a notice given under this part to execute\nany work; and\n\n","sortOrder":55},{"sectionNumber":"3624","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3624 GOVERNMENT GAZETTE, WA 8 October 2020\n(b) that person fails or neglects to comply with the requirement, the local government may\nexecute the work and recover from that person the cost of executing the work, in addition to\nany penalty for which that person may be liable.\n(2) The costs and expenses incurred by the local government in the execution of a power under\nsubclause (1) may be recovered in a court of competent jurisdiction from that person.\n(3) The local government is not liable to pay compensation or damages of any kind to the person\nreferred to in subclause (1) in relation to any action taken by the local government under this clause,\nother than compensation or damages for loss or damage suffered because the local government acted\nnegligently or in breach of duty.\nPART 7—INFECTIOUS DISEASES\nDivision 1—General Provisions\n7.1 Purpose of exercise of powers\nThe powers under this Part are to be exercised for the purpose of preventing or controlling the spread\nof an infectious disease.\n7.2 Authorised Officer may visit, inspect and report\nAn Authorised Officer may visit and inspect any house, its occupants, fixtures and fittings,\noutbuildings, yards, drains and sewers connected with any house where an infectious disease has\nbeen identified or where an infectious disease is suspected in order to check or prevent the spread of\nany infectious disease.\n7.3 Requirements on owner or occupier to clean, disinfect and disinfest\nAn Authorised Officer may, by notice in writing, direct an owner or occupier of premises, within the\ntime and in the manner specified in the notice, to clean, disinfect and disinfest—\n(a) the premises; or\n(b) such things in or on the premises as are specified in the notice; or both, to the satisfaction of\nan Authorised Officer.\n7.4 Authorised Officer may disinfect or disinfest the premises\n(1) Where the local government or the Medical Officer is satisfied that any case of infectious disease\nhas occurred on any premises, the local government or the Medical Officer may direct an Authorised\nOfficer, other local government officer or other person to disinfect and disinfest the premises or any\npart of the premises and anything in or on the premises.\n(2) An owner or occupier of premises shall permit, and provide access to enable, an Authorised Officer,\nother local government officer or other person to carry out the direction given under subclause (1).\n(3) The local government may recover the cost of carrying out the work under this clause from the\nowner or occupier of the premises in or on which the work was carried out.\n(4) The local government is not liable to pay compensation or damages of any kind to the owner or\noccupier of premises in relation to any action taken by the local government of any of its staff under\nthis clause, other than compensation or damages for loss or damage suffered because the local\ngovernment or any of its staff acted negligently or in breach of duty.\n7.5 Insanitary houses, premises and things\n(1) An owner or occupier of any house or premises shall maintain the house or premises free from any\ninsanitary condition or thing.\n(2) Where the local government considers that a house is insanitary, it may, by notice in writing,\ndirect an owner of the house, within the time and in the manner specified in the notice, to destroy or\namend the house.\n(3) Where an Authorised Officer considers that—\n(a) a house or premises is not being maintained in a sanitary condition; or\n(b) anything is insanitary, the officer may, by notice in writing, direct, as the case may be—\n(i) the owner or occupier of the house or premises to amend any insanitary condition; or\n(ii) the owner or occupier of the thing to destroy or amend it, within the time and in the\nmanner specified in the notice.\n(4) A person who is given notice under subclauses (2) or (3) shall comply with the terms of the notice.\n7.6 Medical Officer may authorise disinfecting\nWhere the Medical Officer believes that a person is or may be infected by an infectious disease, the\nMedical Officer may direct the person to have his or her body, clothing and effects disinfected at a\nplace and in a manner directed by the Medical Officer.\n7.7 Persons in contact with an infectious disease sufferer\nIf a person in any house is, or is suspected of, suffering from an infectious disease, any occupant of the\nhouse or any person who enters or leaves the house—\n(a) shall obey such instructions or directions as the local government or the Medical Officer may\nissue; and\n(b) may be removed, at the direction of the local government or the Medical Officer to isolation in\nan appropriate place to prevent or minimise the risk of the infection spreading and if so\nremoved, shall remain in that place until the Medical Officer directs otherwise.\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3625\n7.8 Declaration of infected house or premises\n(1) To prevent or check the spread of infectious disease, the local government or the Medical Officer\nmay from time to time declare any house or premises to be infected.\n(2) A person shall not enter or leave any house or premises declared to be infected without the written\nconsent of the Medical Officer or an Authorised Officer.\n7.9 Destruction of infected animals\nAn Authorised Officer, upon being satisfied that an animal is or may be infected or is liable to be\ninfected or to convey infection may, by notice of writing, direct that the animal be examined by a\nregistered veterinary officer and all steps taken to enable the condition to be controlled or eradicated\nor the animal destroyed and disposed of—\n(a) in the manner and within the time specified in the notice; and\n(b) by the person in whose possession, or upon whose premises, the animal is located.\n7.10 Disposal of a body\n(1) An occupier of premises in or on which is located the body of a person who has died of an infectious\ndisease shall, subject to subclause (2), cause the body to be buried or disposed of in such manner,\nwithin such time and with such precautions as may be directed by the Medical Officer.\n(2) A body shall not be removed from the premises where death occurred except to a cemetery or a\nmorgue.\n7.11 Local government may carry out work and recover costs\n(1) Where—\n(a) a person is required under this division or by a notice given under this division, to carry out\nany work; and\n(b) that person fails or neglects to comply with the requirement, that person commits an offence\nand the local government may carry out the work or arrange for the work to be carried out by\nanother.\n(2) The costs and expenses incurred by the local government in the execution of a power under this\nclause may be recovered from the person referred to in subclause (1).\n(3) The local government is not liable to pay compensation or damages of any kind to the person\nreferred to in subclause (1) in relation to any action taken by the local government under this clause,\nother than compensation or damages for loss or damage suffered because the local government acted\nnegligently or in breach of duty.\nDivision 2—Disposal of Used Condoms and Needles\n7.12 Disposal of used condoms\n(1) An occupier of premises on or from which used condoms are produced shall ensure that the\ncondoms are—\n(a) placed in a sealed impervious container and disposed of in a sanitary manner; or\n(b) disposed of in such a manner as may be directed by an Authorised Officer.\n(2) A person shall not dispose of a used condom in a public place except in accordance with\nsubclause (1).\n7.13 Disposal of used needles\nA person shall not dispose of a used hypodermic syringe or needle in a public place unless it is placed\nin an impenetrable, leak proof container and deposited in a refuse receptacle.\nPART 8—LODGING HOUSES\nDivision 1—Registration\n8.1 Interpretation\n(1) In this part, unless the context otherwise requires—\naccommodation means one or more buildings used for boarding purposes referred to in this part;\nbed means a sleeping berth consisting of—\n(a) a single berth; or\n(b) a double berth provided for the use of couples, which shall have the same floor space\nrequirements as two single beds;\nbunk means a sleeping berth compromising one of two beds arranged vertically;\ndormitory means a building or room utilised for sleeping purposes at a short term hostel or\nrecreational campsite;\nFood Standards Code means the Australia New Zealand Food Standards Code as defined in the\nCommonwealth\nFood Standards Australia New Zealand Act 1991;\nkeeper means a person whose name appears on the register of keepers, in respect of\naccommodation , as the keeper of that accommodation;\nlaundry unit means a facility consisting of—\n\n","sortOrder":56},{"sectionNumber":"3626","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3626 GOVERNMENT GAZETTE, WA 8 October 2020\n(a) a washing machine with a capacity of not less than 4 kilograms of dry clothing;\n(b) either an electric drying cabinet or not less than 30 metres of clothes line;\n(c) one wash trough of not less than 45 litres capacity, connected to both hot and cold\nwater; and\n(d) A hot water system that—\n(i) is capable of delivering an adequate supply of water at a temperature of at least\n65 degrees Celsius for each washing machine and wash trough provided with the\ncommunal facilities; and\n(ii) has a delivery rate of not less than 5 litres per minute for each washing machine\nor a higher delivery rate according to the manufacturer’s specifications;\nlodger means a person who obtains, for hire or reward, board or lodging in accommodation;\nlodging house includes a recreational campsite, a serviced apartment and a short term hostel and\nhas the same meaning as defined in Section 3 of the\n(Miscellaneous Provisions) Act 1911;\nmanager means a person duly appointed by the keeper in\naccordance with this division to reside in, and have the care and management of,\naccommodation;\nmanufacturer’s specifications means a data sheet describing the technical characteristics of a\nproduct which is published by a manufacturer to help consumers use the product;\nrecreational campsite means a lodging house—\n(a) situated on a campsite principally used for—\n(i) recreational, sporting, religious, ethnic or educational pursuits, or\n(ii) conferences or conventions; and\n(b) where the period of occupancy of any lodger is not more than 14 consecutive days, and\nincludes youth camps, youth education camps, church camps and riding schools;\nbut does not include a camp or caravan within the meaning of the\nCaravan Parks and\nCamping Grounds Act 1995;\nregister of lodgers means the register kept in accordance with this Part;\nregister of keepers means a register by the local government in which is registered the names and\nresidences of the keepers of all accommodation within its district and the situation of every\nsuch accommodation and the number of persons authorised by the local government to be\nresident therein;\nresident means a person, other than a lodger, who resides in accommodation;\nserviced apartment means a lodging house in which each sleeping apartment, or group of sleeping\napartments in common occupancy, is provided with its own sanitary conveniences and may\nhave its own cooking facilities;\nshort term hostel means a lodging house where the period of occupancy of any lodger is not more\nthan 14 consecutive days and shall include youth hostels and backpacker hostels;\nsleeping apartment means a room used for lodgers to sleep in\n; and\nvector of disease means an arthropod or rodent that transmits, by biological or mechanical means,\nan infectious agent from a source or reservoir to a person, and includes fleas, bedbugs, crab\nlice and head lice.\n(2) Where in this Part an act is required to be done or forbidden to be done in relation to any lodging\nhouse, the keeper of the lodging house has, unless the contrary intention appears, the duty of causing\nto be done the act so required to be done, or of preventing from being done the act so forbidden to be\ndone, as the case may be.\n8.2 Accommodation not to be kept unless registered\nA person shall not keep or cause, suffer or permit to be kept accommodation unless—\n(a) the accommodation is constructed in accordance with the requirements of this Part;\n(b) the accommodation is registered by the local government under clause 8.4;\n(c) the name of the person keeping the accommodation is entered in the register of keepers;\n8.3 Application for registration\nAn application for registration of accommodation shall be—\n(a) in the form as determined by the local government from time to time;\n(b) duly completed and signed by the proposed keeper; and\n(c) accompanied by—\n(i) the fee as fixed from time to time by the local government under Sections 6.16 to 6.19 of\nthe\nLocal Government Act 1995; and\n(ii) detailed plans and specifications of the accommodation.\n8.4 Certificate of Registration of accommodation\nThe local government may approve, with or without conditions, an application under clause 8.3 by\nissuing to the applicant a Certificate of Registration of accommodation in a form as determined by the\nlocal government from time to time.\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3627\n8.5 Renewal of registration\nA person who keeps accommodation which is registered under this Part shall—\n(a) during the month of June in each year apply to the local government for the renewal of the\nregistration of the accommodation; and\n(b) pay the fee as fixed from time to time by the local government under Sections 6.16 to 6.19 of\nthe\nLocal Government Act 1995 at the time of making each application for renewal.\n8.6 Notification upon sale or transfer\nIf the owner of accommodation house sells or transfers or agrees to sell or transfer the accommodation\nto another person, he or she shall, within 14 days of the date of sale, transfer or agreement, give to\nthe Chief Executive Officer, in a form as determined by the local government from time to time,\nwritten notice of the full name, address and occupation of the person to whom the lodging house has\nbeen, or is to be, sold or transferred.\n8.7 Revocation of registration\n(1) Subject to subclause (3), the local government may, at any time, revoke the registration of\naccommodation for any reason which, in the opinion of the local government, justifies the revocation.\n(2) Without limiting the generality of subclause (1), the local government may revoke a registration\nupon any one or more of the following grounds—\n(a) that the accommodation has not, to the satisfaction of an Authorised Officer, been kept free\nfrom vectors of disease or in a clean, wholesome and sanitary condition;\n(b) that the keeper has—\n(i) been convicted of an offence against these local laws in respect of the lodging house; or\n(ii) not complied with a requirement of this Part; or\n(iii) not complied with a condition of registration;\n(c) that the local government, having regard to a report from the Police Service, is satisfied that\nthe keeper or manager is not a fit and proper person; and\n(d) that, by reason of alterations or additions or neglect to repair or renovate, the condition of the\naccommodation is such as to render it, in the opinion of an Authorised Officer, unfit to remain\nregistered.\n(3) Before revoking the registration of accommodation under this clause, the local government shall\ngive notice to the keeper requiring him or her, within a time specified in the notice, to show cause why\nthe registration should not be revoked.\n(4) Whenever the local government revokes the registration of accommodation, it shall give the keeper\nnotice of the revocation and the registration shall be revoked as from the date on which the notice is\nserved on the keeper.\nDivision 2—Construction and use requirements\n8.8 General construction requirements\nThe general construction requirements of accommodation shall comply with the Building Code.\n8.9 Insect screening\nThe keeper shall provide and maintain in good working order and condition on the premises windows\nand external doors that are screened with mesh having openings no larger than 1.2 millimetres.\n8.10 Sanitary conveniences\n(1) A keeper shall maintain in good working order and condition and in convenient positions on the\npremises—\n(a) toilets; and\n(b) bathrooms, each fitted with a shower or bath (or both) and hand wash basin, in accordance\nwith the requirements of the Building Code.\n(2) A bathroom or toilet which is used as a private bathroom or toilet to the exclusion of other lodgers\nor residents shall not be counted for the purposes of subclause (1).\n(3) Each bath, shower and hand wash basin shall be provided with an adequate supply of hot and cold\nwater.\n(4) The walls of each shower and bath shall be of an impervious material to minimum height of\n1.8 metres above the floor level.\n(5) Each toilet and bathroom in a lodging house shall—\n(a) be so situated, separated and screened so as to ensure privacy;\n(b) be apportioned to each sex;\n(c) have a distinct sign displayed in a prominent position denoting the sex for which the toilet or\nbathroom is provided; and\n(d) be provided with adequate electric lighting.\n(6) Subclauses (5) (b) and (c) do not apply to a serviced apartment.\n\n","sortOrder":57},{"sectionNumber":"3628","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3628 GOVERNMENT GAZETTE, WA 8 October 2020\n8.11 Laundry unit\n(1) A keeper of a lodging house shall subject to subclause (2)—\n(a) provide on the premises a laundry unit for each 15 lodgers;\n(b) at all times maintain each laundry unit in a proper sanitary condition and in good repair;\n(c) provide an adequate supply of hot and cold water to each wash trough, sink and washing\nmachine; and\n(d) ensure that the floor area of each laundry unit is properly surfaced with an even fall to a floor\nwaste.\n(2) An Authorised Officer may approve the provision of a reduced number of laundry facilities if\nsuitable equipment of a commercial type is installed.\n8.12 Kitchen\nThe keeper of a lodging house shall provide in that lodging house a kitchen which complies with the\nrelevant requirements of the\nFood Act 2008, Food Regulations 2009 and Standards 3.1.1, 3.2.2, and\n3.2.3 of the Food Standards Code as determined by an Authorised Officer.\n8.13 Cooking facilities\nThe keeper of accommodation where meals are prepared shall provide a kitchen with cooking\nappliances of a number and type approved by an Authorised Officer.\n8.14 Dining room\nThe keeper of a lodging house shall provide in that lodging house a dining room located in close\nproximity to, or combined with, the kitchen—\n(a) the floor area of which shall be not less than the greater of—\n(i) 0.5 square metres per person; or\n(ii) 10 square metres; and\n(b) which shall be—\n(i) adequately furnished to accommodate, at any one time, half of the number of lodgers;\nand\n(ii) provided with a suitable floor covering.\n8.15 Lounge room\nThe keeper of a lodging house shall provide in that lodging house a lounge room—\n(a) with a floor area of—\n(i) where the lounge is not combined with the dining room—not less than 0.6 square\nmetres per person; or\n(ii) where the lounge room is combined with a dining room—not less than 1.2 square\nmetres per person;\nbut in either case having a minimum of 13 square metres; and\n(b) which shall be—\n(i) adequately furnished to accommodate, at any one time, half the number of lodgers; and\n(ii) provided with a suitable floor covering.\n8.16 Fire prevention and control\n(1) A keeper shall—\n(a) ensure smoke alarms complying with\nAS 3786 are installed on or near the ceiling in every\nbedroom and in every corridor or hallway associated with a bedroom, or if there is no corridor\nor hallway, in an area between the bedrooms and the remainder of the building as required\nby the Building Code;\n(b) ensure that there is installed in each passage or corridor in the lodging house a smoke alarm\nincorporating evacuation lighting which is activated by the smoke alarm as required by the\nBuilding Code;\n(c) provide evacuation lighting if required by the Building Code to be kept separate from the\ngeneral lighting system and kept illuminated during the hours of darkness;\n(d) provide an approved fire blanket positioned within 2 metres of the cooking area in each\nkitchen;\n(e) ensure if required by the Building Code that illuminated exit signs are installed above exit\ndoorways which comply with\nAS 2293.1 and which are maintained in good working order at\nall times; and\n(f) provide firefighting equipment in accordance with the requirements of the Building Code and\nensure that the equipment is clearly visible, accessible and maintained in good working order\nat all times.\n(2) No person shall smoke in any dormitory, kitchen or dining room or other enclosed public place\nwithin a lodging house.\n(3) A keeper shall ensure that any items which are likely to cause a fire hazard are not located within\nbedrooms or dormitories of a lodging house.\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3629\n(4) The keeper of a lodging house which is a recreational campsite or short term hostel, but not a\nserviced apartment, shall ensure that—\n(a) materials used in bedrooms and dormitory area comply with\nAS 1530.2 and\nAS 1530.3 as\nfollows—\n(i) drapes, curtains and blinds—\ni. a maximum flammability index of 6;\n(ii) flammable furniture, upholstery and beds—\ni. a maximum spread of flame index of 6; and\nii. a maximum smoke developed index of 5; and\n(iii) floor coverings—\ni. a maximum spread of flame index of 7; and\nii. a maximum smoke developed index of 5; and\n(b) Fire retardant coatings used to make a material comply with these indices must be—\n(i) certified by the manufacturer as approved for used with the fabric to achieve the\nrequired indices;\n(ii) certified by the manufacturer to retain its fire retardancy effect after a minimum of\n5 commercial dry cleaning or laundering operations carried out in accordance with\nAS 2001.5.4; and\n(iii) certified by the applicator as having been carried out in accordance with the\nmanufacturer’s specifications.\n8.17 Obstruction of passages and stairways\nA keeper shall not cause, suffer or permit furniture, fittings or other things to be placed either\ntemporarily or permanently in or on—\n(a) a stairway, stair landing, fire escape, window or common passageway; or\n(b) part of the lodging house in common use or intended or adapted for common use, in such a\nmanner as to form an obstruction to the free passage of lodgers, residents or persons in or\noccupying the lodging house.\n8.18 Fitting of locks\nA person shall not fit, or cause or permit to be fitted, to an exit door a lock or other device that\nprevents the door being opened from within a lodging house.\n8.19 Restriction on use of rooms for sleeping\n(1) Subject to subclause (3) and clause 8.34, a keeper shall not use or permit to be used as a sleeping\napartment a room in a lodging house—\n(a) which contains food;\n(b) which contains or is fitted with a cooking appliance or kitchen sink;\n(c) which is used as a kitchen, scullery, store room, dining room, general sitting room or lounge\nroom or for the preparation or storage of food;\n(d) which is not reasonably accessible without passing through a sleeping or other room in the\nprivate occupation of another person;\n(e) which, except in the case of a short term hostel or a recreational campsite, contains less than\n5 square metres of clear space for each lodger occupying the room;\n(f) which is not naturally illuminated in accordance with the requirements of the Building Code;\n(g) which is not ventilated in accordance with the requirements of the Building Code;\n(h) in which the lighting or ventilation referred to in paragraphs (f) and (g) is obstructed or is not\nin good and efficient order;\n(i) which is not free from internal dampness;\n(j) of which any part of the floor is below the level of the adjoining ground; or\n(k) the floor of which is not fitted with an approved carpet or vinyl floor covering or other floor\ntreatment approved by an Authorised Officer.\n(2) For the purposes of this clause, two children under the age of 10 years shall be counted as one\nlodger.\n(3) Paragraphs (a), (b) and (c) of subclause (1) shall not apply to a serviced apartment.\n8.20 Sleeping accommodation short term hostels and recreational campsites\n(1) A keeper of a short term hostel or recreational campsite shall provide clear floor space of not less\nthan—\n(a) 4 square metres per person in each dormitory utilising beds; or\n(b) 2.5 square metres per person in dormitories utilising bunks.\n(2) The calculation of floor space in subclause (1) shall exclude the area occupied by any large items of\nfurniture, such as wardrobes, but may include the area occupied by beds.\n(3) The minimum height of any ceiling in a short term hostel or recreational campsite shall be\n2.4 metres in any dormitory utilising beds and 2.7 metres in any dormitory utilising bunks.\n\n","sortOrder":58},{"sectionNumber":"3630","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3630 GOVERNMENT GAZETTE, WA 8 October 2020\n(4) The minimum floor area requirements in subclause (1) will only apply if there is ventilation,\nseparation distances, fire egress and other safety requirements in accordance with the Building Code.\n(5) The keeper of any short term hostel or recreational campsite shall provide—\n(a) fixed outlet ventilation at a ratio of 0.15 square metre to each 10 square metres of floor area\nof the dormitories;\n(b) each dormitory with direct ventilation to the open air from a point within 230 millimetres of\nthe ceiling level through a fixed open window or vents, carried as direct to the open air as is\npracticable; or\n(c) mechanical ventilation in lieu of fixed ventilation.\n(6) The keeper of any short term hostel or recreational campsite shall provide—\n(a) beds with a minimum size of—\n(i) in short term hostels—800 millimetres x 1.9 metres; or\n(ii) in recreational campsites—750 millimetres x 1.85 metres; and\n(b) storage space for personal effects, including backpacks, so that cleaning operations are not\nhindered and access spaces are not obstructed.\n(7) The keeper of any short term hostel or recreational campsite shall—\n(a) ensure at all times there is a distance of 750 millimetres between beds and a distance of\n900 millimetres between bunks;\n(b) ensure that where bed or bunk heads are placed against the wall on either side of a\ndormitory, there is a passageway of at least 1.35 metres between each row of beds and a\npassageway of at least 2 metres between each row of bunks and the passageway is kept clear\nof obstruction at all times; and\n(c) ensure all doors, windows and ventilators are kept free from obstruction.\n8.21 Furnishing etc. of sleeping apartments\nA keeper of a lodging house shall, unless otherwise approved by the local government—\n(a) furnish each sleeping apartment with a sufficient number of beds and sufficient bed linen of\ngood quality;\n(b) ensure that each bed—\n(i) has a bed head, mattress and pillow;\n(ii) is provided with a pillow case, two sheets, a blanket or rug and, in cold weather, not\nless than one additional blanket or rug; and\n(iii) has a mattress protector fitted;\n(c) furnish each bedroom so that there are adequate storage facilities for belongings within the\nroom; and\n(d) not cause, suffer or permit any tiered beds or bunks to be used in a sleeping apartment other\nthan in a lodging house used exclusively as a short term hostel or recreational campsite.\n8.22 Ventilation\nIf, in the opinion of an Authorised Officer, a kitchen, bathroom, toilet, laundry or habitable room is\nnot adequately or properly ventilated, he or she may direct the keeper to provide a different or\nadditional method of ventilation.\n8.23 Numbers to be placed on doors\n(1) A keeper shall number each room available to a lodger in a lodging house or provide an\nalternative means of identification approved by an Authorised Officer.\n(2) The numbering system or alternative means of room identification is to be legible and easily\nidentified.\nDivision 3—Management and Care\n8.24 Keeper or manager to reside in the lodging house\nWhenever there are one or more lodgers in a lodging house, a keeper or manager shall—\n(a) reside continuously in the lodging house; and\n(b) not be absent from the lodging house unless he or she arranges for a reputable person to have\nthe care and management of the lodging house.\n8.25 Register of lodgers\n(1) A keeper shall keep a register of lodgers in a form as determined by the local government from\ntime to time.\n(2) The register of lodgers shall be—\n(a) kept in the accommodation; and\n(b) available for inspection at any time on demand by any member of the Police Service or by an\n8.26 Keeper report\nA keeper shall, whenever required by the local government, provide, in a form as determined by the\nlocal government from time to time, the name of each lodger who lodges in the accommodation during\nthe preceding day or night.\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3631\n8.27 Certificate of Sleeping Accommodation\n(1) An Authorised Officer may issue to a keeper a Certificate of Sleeping Accommodation, in respect of\neach room, which shall be in a form as determined by the local government from time to time, or, for\nlodging houses with more than 20 sleeping apartments, a Certificate of Sleeping Accommodation for a\nLodging House with more than 20 Sleeping Apartments, which shall be in a form as determined by\nthe local government from time to time.\n(2) The certificate issued under subclause (1) shall specify the maximum number of persons who shall\nbe permitted to occupy each room as a sleeping apartment at any one time.\n(3) When required by an Authorised Officer, a keeper shall exhibit the certificate issued under this\nclause in a conspicuous place in the room to which the certificate refers.\n(4) A person shall not allow a greater number of persons than is specified on a certificate issued under\nthis clause to occupy the room to which it refers.\n8.28 Duplicate keys and inspection\nEach keeper and manager of accommodation shall—\n(a) retain possession of a duplicate key to the door of each room; and\n(b) when required by an Authorised Officer, open the door of any room for the purpose of\ninspection by the Authorised Officer.\n8.29 Room occupancy\n(1) A keeper shall not—\n(a) allow more than the maximum number of persons permitted by the Certificate of Registration\nof accommodation to be lodged at any one time in the accommodation;\n(b) allow to be placed or kept in any sleeping apartments—\n(i) a larger number of beds; or\n(ii) a larger quantity of bed linen than is required to accommodate and provide for the\nmaximum number of persons permitted to occupy the sleeping apartment at any one\ntime; and\n(c) allow to be used for sleeping purposes, a room that—\n(i) has not been certified for that purpose; and\n(ii) the local government or the Medical Officer has forbidden to be used as a sleeping\napartment.\n(2) For the purpose of this clause, two children under 10 years of age shall be counted as one lodger.\n8.30 Infectious disease\nA keeper shall immediately after becoming aware that a lodger or resident is suffering from a\nnotifiable infectious disease notify an Authorised Officer.\n8.31 Maintenance of a room by a lodger or resident\n(1) A keeper may permit, or contract with, a lodger or resident to service, clean or maintain the room\nor rooms occupied by the lodger or resident.\n(2) Where permission is given or a contract entered into under subclause (1), the keeper shall—\n(a) inspect each room the subject of the permission or agreement at least once a week; and\n(b) ensure that each room is being maintained in a clean condition.\n(3) A lodger or resident who contracts with a keeper to service, clean or maintain a room occupied by\nhim or her, shall maintain the room in a clean condition.\n8.32 Cleaning and maintenance requirements\nA keeper of accommodation shall—\n(a) maintain in a clean, sound and undamaged condition—\n(i) the floor, walls, ceilings, woodwork and painted surfaces;\n(ii) the floor coverings and window treatments; and\n(iii) the toilets, including toilet seats, cisterns and associated plumbing; and\n(b) maintain in a clean and in good working order—\n(i) all fixtures and fittings; and\n(ii) all windows, doors and door furniture;\n(c) ensure that the internal walls of each bathroom and toilet have a smooth, impervious\nwashable surface;\n(d) ensure that all floors are kept clean at all times;\n(e) ensure that—\n(i) all bed linen, towels, and house linen in use is washed at least once a week;\n(ii) within a reasonable time of a bed having been vacated by a lodger or resident, the bed\nlinen is removed and washed;\n(iii) a person does not occupy a bed which has been used by another person unless the bed\nhas been provided with clean bed linen;\n\n","sortOrder":59},{"sectionNumber":"3632","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3632 GOVERNMENT GAZETTE, WA 8 October 2020\n(iv) all beds, bedsteads, blankets, rugs, covers, bed linen, towels and house linen are kept\nclean, in good repair and free from vectors of disease;\n(v) when any vectors of disease are found in a bed, furniture, room or sleeping apartment,\nimmediate effective action is taken to eradicate the vectors of disease; and\n(vi) a room which is not free from vectors of disease is not used as a sleeping apartment;\n(f) when so directed by an Authorised Officer, ensure that—\n(i) a room, together with its contents, and any other part of the lodging house, is cleaned\nan disinfected; and\n(ii) a bed, or other article of furniture that is infested is removed from the lodging house\nand properly disposed of;\n(g) ensure that the yard is kept clean at all times;\n(h) provide all bedrooms, passages, common areas, toilets, bathrooms and laundries with\nadequate lighting; and\n(i) comply with any direction, whether orally or in writing, given by an Authorised Officer.\n8.33 Responsibilities of lodgers and residents\nA lodger or resident shall not—\n(a) use any room available to lodgers—\n(i) as a shop, store or factory; or\n(ii) for manufacturing or trading services;\n(b) keep or store in or on the lodging house any goods or materials which are inflammable or\noffensive;\n(c) use a bath or hand wash basin other than for ablutionary purposes;\n(d) use a bathroom facility or fitting for laundry purposes;\n(e) use a sink installed in a kitchen or scullery for any purpose other than the washing and\ncleaning of cooking and eating utensils, other kitchenware or culinary purposes;\n(f) deposit rubbish or waste food other than into a proper rubbish receptacle;\n(g) in a kitchen or other place where food is kept—\n(i) wash or permit the washing of clothing or bed linen; or\n(ii) keep or permit to be kept any soiled clothing or bed linen;\n(h) subject to clause 8.34—\n(i) keep, store, prepare or cook food in any sleeping apartment; or\n(ii) unless sick or invalid and unable to leave a sleeping apartment for that reason, use a\nsleeping apartment for dining purposes;\n(i) place or keep, in any part of a lodging house, any luggage, clothing, bedding, bed linen or\nfurniture, that is infested with vermin or vectors of disease;\n(j) store or keep such a quantity of furniture, material or goods within the lodging house—\n(i) in any kitchen, living or sleeping apartment so as to prevent the cleaning of the floors,\nwalls, fittings or fixtures; or\n(ii) in a sleeping apartment so as to decrease the air space to less than the minimum\nrequired by this Part;\n(k) obstruct or prevent the keeper or manager from inspecting or examining the room or rooms\noccupied by the lodger or resident; and\n(l) fix any fastener or change any lock to a door or room without the written approval of the\nkeeper.\n8.34 Approval for the storage of food\n(1) An Authorised Officer may—\n(a) upon written application from a keeper, approve the storage of food within a refrigerator or\nsealed container in a sleeping apartment; and\n(b) withdraw the approval if any nuisance, vector of disease, vermin or infestation is found to\nexist in the accommodation.\n(2) The keeper of a serviced apartment may permit the storage and consumption of food within that\napartment if suitable storage and dining facilities are provided.\nPART 9—OFFENSIVE TRADES\nDivision 1—General\n9.1 Interpretation\nIn this part, unless the context otherwise requires—\nCertificate of Registration of Premises for Offensive Trade means a certificate issued under clause\n9.5 in a form as determined by the local government from time to time;\noccupier in relation to premises includes the person registered as the occupier of the premises in a\nform as determined by the local government from time to time;\noffensive trade means any of the trades listed in Schedule 1; and\npremises includes houses.\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3633\n9.2 Consent to establish an offensive trade\n(1) A person seeking the consent of the local government under section 187 of the Act to establish an\noffensive trade shall—\n(a) advertise notice of his intention to apply for consent in accordance with clause 9.3; and\n(b) lodge with the Chief Executive Officer an application in a form as determined by the local\ngovernment from time to time.\n(2) A person who makes a false statement in an application under this clause shall be guilty of an\n9.3 Notice of application\nA notice required under subclause 9.2(1) (a) shall—\n(a) contain the name and address of the person who intends to make the application;\n(b) contain a description of the nature of the offensive trade;\n(c) contain details of the premises in or upon which it is proposed to carry on the proposed trade;\nand\n(d) appear in a local newspaper at least two weeks but not more than one month before the\napplication under clause 9.2 (1) (b) is lodged with the Chief Executive Officer.\n9.4 Registration of premises\nAn application for the registration of premises pursuant to section 191 of the Act shall be—\n(a) in a form as determined by the local government from time to time;\n(b) accompanied by;\n(i) the fee prescribed in the\nHealth (Offensive Trades Fees) Regulations 1976 as amended\nfrom time to time; and\n(ii) a comprehensive management plan; and\n(c) lodged with the Chief Executive Officer.\n9.5 Certificate of Registration of Premises for Offensive Trade\nUpon the registration of premises for the carrying on of an offensive trade, the local government shall\nissue to the applicant a Certificate of Registration of Premises for Offensive Trade in a form as\ndetermined by the local government from time to time.\n9.6 Change of occupier\nWhere there is a change of occupier of the premises registered pursuant to this Division, the new\noccupier shall forthwith notify the Chief Executive Officer in writing of such change.\n9.7 Alterations to premises\nWhile any premises remain registered under this Division, a person shall not, without the written\npermission of the local government, make or permit any change or alteration to the premises other\nthan minor repairs, installations or interior refurbishment.\nDivision 2—General Duties of an Occupier\n9.8 Interpretation\noccupier means the occupier, or where there is more than one occupier, each of the occupiers of\nthe premises in or upon which an offensive trade is carried on; and\npremises means those premises in or upon which an offensive trade is carried on.\n9.9 Cleanliness\n(a) keep or cause to be kept in a clean and sanitary condition and in a state of good repair the\nfloors, walls and ceilings and all other portions of the premises;\n(b) keep or cause to be kept in a clean and sanitary condition and in a state of good repair all\nfittings, fixtures, appliances, machinery, implements, shelves, counters, tables, benches, bins,\ncabinets, sinks, drain boards, drains, grease traps, tubs, vessels and other things used on or\nin connection with the premises;\n(c) keep the premises free from any unwholesome or offensive odour arising from the premises;\n(d) keep in a clean and tidy condition all yards, footpaths, passage ways, paved areas, stores or\noutbuildings used in connection with the premises; and\n(e) clean daily and at all times keep and maintain all sanitary conveniences and all sanitary\nfittings and grease traps on the premises in a clean and sanitary condition.\n9.10 Rats and other vectors of disease\n(a) ensure that the premises are kept free from vermin, rodents, cockroaches, flies and other\nvectors of disease; and\n(b) provide in and on the premises effective means and methods for the eradication and\nprevention of vermin, rodents, cockroaches, flies and other vectors of disease.\n\n","sortOrder":60},{"sectionNumber":"3634","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3634 GOVERNMENT GAZETTE, WA 8 October 2020\n9.11 Sanitary conveniences and hand wash basins\nThe occupier shall provide on the premises in an approved position sufficient sanitary conveniences\nand hand wash basins, each with an adequate supply of hot and cold water for use by employees and\nby all other persons lawfully upon the premises.\n9.12 Painting of walls etc.\nThe occupier shall cause the internal surface of every wall, the underside of every ceiling or roof and\nall fittings as may be directed in and on the premises to be cleaned and painted when instructed by\nan Authorised Officer.\n9.13 Effluvia, vapours or gases\nThe occupier shall provide, use and maintain in a state of good repair and working order, appliances\ncapable of effectively destroying or of rendering harmless all offensive effluvia, vapours or gases\narising in any process of his or her business or from any material, residue or other substance which\nmay be kept or stored upon the premises.\n9.14 Offensive material\n(a) provide on the premises impervious receptacles of sufficient capacity to receive all offensive\nmaterial and trade refuse produced upon the premises in any one day;\n(b) keep airtight covers on the receptacles, except when it is necessary to place something in or\nremove something from them;\n(c) cause all offensive material and trade refuse to be placed immediately in the receptacles;\n(d) cause the contents of the receptacles to be removed from the premises at least once in every\nworking day or other interval as may be directed by an Authorised Officer; and\n(e) cause all receptacles after being emptied to be cleaned immediately with an efficient\ndisinfectant.\n9.15 Storage of materials\nThe occupier shall cause all material on the premises to be stored so as not to be offensive or injurious\nto health whether by inhalation or otherwise and so as to prevent the creation of a nuisance.\n9.16 Directions\nAn Authorised Officer may give to the occupier directions to prevent or diminish the offensiveness of a\ntrade or to safeguard the public health.\nDivision 3—Fat Rendering Establishments\n9.17 Interpretation\nfat rendering establishments means a premises where edible fats including suet, dripping or\npremier jus are rendered down by any heat processing method; and\noccupier means the occupier of any premises on which the trade of fat rendering is carried on.\n9.18 Ventilation\nThe occupier shall provide and maintain—\n(a) a hood which shall—\n(i) be of an approved design and construction;\n(ii) be situated so as to arrest all effluvia, odours and smoke from the process of fat\nrendering; and\n(iii) extend a minimum of 150 millimetres beyond the length of each appliance; and\n(b) an exhaust ventilation system—\n(i) the point of discharge of which shall be at least 1 metre above the ridge of a pitched roof\nor 3 metres above a flat roof and shall not be located within 6 metres of an adjoining\nproperty or any fresh air intake; and\n(ii) which shall discharge in such manner and in such a position that no nuisance is\ncreated.\n9.19 Covering of apparatus\nExternal parts of the fat rendering apparatus shall be constructed or covered with smooth, non-\ncorrosive and impervious material, devoid of holes, cracks and crevices.\n9.20 Rendering of walls\nThe occupier shall cause each wall within a radius of 3 metres of the rendering apparatus or\nmachinery to be rendered with a cement plaster with a steel float finish or other approved finish to a\nheight of 2 metres, devoid of holes, cracks and crevices.\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3635\nDivision 4—Fish Premises\n9.21 Interpretation\nappliance includes a utensil, an instrument, a cover, a container or apparatus;\nfish means fresh fish, frozen fish, chilled fish and cooked fish, whether cleaned, uncleaned or part\ncleaned and includes crustaceans and molluscs but does not include—\n(a) fish which has been cured, preserved, hermetically canned or treated to prevent\nputrefaction; or\n(b) cleaned fish supplied in cartons or packets by a packer and sold in such cartons or\npackets if they are at all times kept in a deep freeze refrigeration unit at a temperature\nnot exceeding minus 15 degrees Celsius;\nfish premises includes fish processing establishments, fish curing establishments and shellfish\nand crustacean processing establishments but does not include retail fish shops in which no\nsignificant fish processing occurs;\nfish transport vehicle includes—\n(a) an appliance attached to, carried in or used in connection with a vehicle; and\n(b) a trailer and a portable box, used or designed to be used for the transport or storage of\nfish; and\nportable box means a box for the transport or storage of fish and includes a fish transport vehicle.\n9.22 Fish preparation room\n(1) The occupier of a fish premises which requires a fish processing or preparation room shall ensure\nthat this room complies with the following requirements—\n(a) the walls shall be constructed of brick or concrete with the internal surface rendered with a\ncement plaster with a steel float finish or other approved material and shall be devoid of\nholes, cracks and crevices;\n(b) the floor shall be of concrete with a smooth, durable surface and shall be treated with an\napproved surface hardening process;\n(c) the minimum floor area shall be 9 square metres;\n(d) the room shall be furnished with a hand wash basin connected to a piped supply of hot and\ncold water; and\n(e) the room shall be fly-proofed and provided with adequate light and ventilation.\n(2) The occupier shall ensure that all fish are prepared in the fish processing or preparation room and\nthat room is to be used solely for that purpose.\n(3) The occupier of a fish premises shall provide, in or easily accessible from each fish preparation\nroom, cleaning facilities consisting of a double bowl stainless steel wash trough of adequate size to\naccommodate the equipment and utensils used on the premises, connected to a piped supply of hot\nand cold water.\n9.23 Bench\nThe occupier of a fish premises shall provide and maintain on the premises a separate stainless steel\nbench for the handling of fish.\n9.24 Disposal of waste\nThe occupier of a fish premises shall cause all offal and wastes, all rejected and unsaleable fish and\nany rubbish or refuse which is likely to be offensive or a nuisance to be—\n(a) placed in the receptacles referred to in clause 9.14 and disposed of in accordance with that\nclause; or\n(b) kept in a frozen state in an approved enclosure before its removal from the premises.\n9.25 Fish containers\nThe occupier of a fish premises shall not allow any box, basket or other container used for the\ntransport of fish to—\n(a) remain on the premises longer than is necessary for it to be emptied; or\n(b) be kept so as to cause a nuisance or to attract flies.\n9.26 Cooking of fish\nWhere cooking of fish is carried out in a fish premises, the occupier shall provide and maintain—\n(a) a hood, which shall be of an approved design and construction in accordance with the\nrequirements of\nAS 1668.2 and so situated as to capture and remove all effluvia, odours and\nsmoke from the process of cooking;\n(b) an exhaust ventilation system—\n(i) the point of discharge of which shall be at least 1 metre above the ridge of a pitched roof\nor 3 metres above a flat roof and shall not be located within 6 metres of an adjoining\nproperty or any fresh air intakes; and\n(ii) which shall discharge in such manner and in such a position that no nuisance is\ncreated.\n\n","sortOrder":61},{"sectionNumber":"3636","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3636 GOVERNMENT GAZETTE, WA 8 October 2020\n9.27 Use of an approved portable box\nAn Authorised Officer may permit an approved portable box to be used for the transport or storage of\nfish.\n9.28 Fish transport vehicle\nA person shall not use a fish transport vehicle for the transport or storage of fish unless it is so\nconstructed, equipped and maintained that—\n(a) the frame is made of metal or other approved material;\n(b) all internal surfaces—\n(i) are made of metal or approved impervious plastic substance, which may include\nstainless steel, aluminium galvanised iron, fibreglass, or other material of similar\nstrength and impermeable qualities;\n(ii) are smoothly finished;\n(iii) are rigidly secured with a solid backing; and\n(iv) have floor and vertical angles coved with not less than a 9.5 millimetre radius, but, if\nall necessary floor joints are effectively sealed, the surface of the floor, or part of it, may\nbe of an approved tread type track material;\n(c) internal horizontal joints made between metal sheeting are lapped from top to bottom and\neither—\n(i) continuously welded; or\n(ii) lapped with a minimum of 40 millimetres cover secured with blind rivets and sealed\nwith a durable, non-absorbent sealing material;\n(d) the vehicle is effectively insulated with a stable insulating material;\n(e) the vehicle has, at the rear or side, doors that are made in the manner provided by\nparagraphs (a), (b), (c) and (d) of this clause, are close fitting, and have a suitable locking\ndevice fitted;\n(f) the vehicle is fitted with shelves and grids, made of impervious material, in such a manner\nthat the shelves and grids may be easily removed;\n(g) any containers used in the vehicle for fish are made of stainless steel, fibreglass or approved\nimpervious plastic; and\n(h) the vehicle is in good repair and condition and is thoroughly clean.\nDivision 5—Laundries, Dry Cleaning Establishments and Dye Works\n9.29 Interpretation\ndry cleaning establishment—\n(a) means premises where clothes or other articles are cleaned by use of solvents without\nusing water; but\n(b) does not include premises in which perchlorethylene or arklone is used as dry cleaning\nfluid in a machine operating on a full cycle and fully enclosed basis;\ndye works means a place where articles are commercially dyed, but does not include dye works in\nwhich provision is made for the discharge of all liquid waste therefrom into a public sewer;\nexempt laundromat means a premises in which—\n(a) laundering is carried out by members of the public using, on payment of a fee,\nmachines or equipment provided by the owners or occupiers of those establishments;\n(b) laundering is not carried out by those owners or occupiers for or on behalf of other\npersons; and\n(c) provision is made for the discharge of all liquid waste therefrom into a public sewer;\nlaundromat means a public place with coin or card operated washing machines, spin dryers or dry\ncleaning machines; and\nlaundry means any place where articles are laundered by commercial grade machinery but does\nnot include an exempt laundromat.\n9.30 Receiving depot\nAn owner or occupier of premises shall not use or permit the premises to be used as a receiving depot\nfor a laundry, dry cleaning establishment or dye works except with the written permission of the\nPrincipal Authorised Officer who may at any time by written notice withdraw such permission.\n9.31 Reception room\n(1) The occupier of a laundry, dry cleaning establishment or dye works shall—\n(a) provide a reception room in which all articles brought to the premises for treatment shall be\nreceived and shall not receive or permit to be received any such articles except in that room;\nand\n(b) cause such articles as may be directed by an Authorised Officer to be thoroughly disinfected.\n(2) A person shall not bring or permit food to be brought into the reception room referred to in this\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3637\n9.32 Walls and floors\nThe occupier of a laundry, dry cleaning establishment or dye works shall cause—\n(a) the internal surfaces of all walls to be rendered with a cement plaster with a steel float finish\nor other approved material to a height of 2 metres and to be devoid of holes, cracks and\ncrevices;\n(b) the floor to be impervious, constructed of concrete or other material approved by an\nAuthorised Officer and finished to a smooth surface; and\n(c) every floor and wall of any building on the premises to be kept at all times in good order and\nrepair, so as to prevent the absorption of any liquid which may be splashed or spilled or may\nfall and be deposited on it.\n9.33 Laundry floor\nThe occupier of a laundry shall provide in front of each washing machine a non-corrosive grating,\nwith a width of at least 910 millimetres, so constructed as to prevent any person from standing in\nwater on the floor.\n9.34 Escape of dust\nThe occupier of a dry cleaning establishment shall provide effective means to prevent the escape into\nthe open air of all dust or other material from the premises.\n9.35 Precautions against combustion\nThe occupier of a dry cleaning establishment where volatile liquids are used shall take all proper\nprecautions against combustion and shall comply with all directions given by an Authorised Officer\nfor that purpose.\n9.36 Trolleys\nThe occupier of a dry cleaning establishment shall—\n(a) provide trolleys for the use of transporting dirty and clean linen; and\n(b) ensure that each trolley is—\n(i) clearly designated to indicate the use for which it is intended;\n(ii) lined internally with a smooth impervious non-absorbent material that is easily\ncleaned; and\n(iii) thoroughly cleaned and disinfected on a regular basis.\n9.37 Sleeping on premises\nA person shall not use or permit any room in a laundry, dry cleaning establishment or dye works to be\nused for sleeping purposes.\nDivision 6—Abattoirs\n9.38 Construction\nAn abattoir shall conform to relevant Standards as adopted under the\nFood Act 2008 section 144 (6)\nand the requirements of Part 5 of the\nFood Regulations 2009.\nDivision 7—Piggeries\n9.39 Interpretation\npiggery means any building, enclosure or yard, in which one or more pigs are kept, bred, reared or\nfattened, and shall include any portion of the premises to which pigs have access; and\nsensitive land use means land use sensitive to emissions from industry and infrastructure.\nSensitive land uses include residential developments, hospitals, hotels, motels, hostels,\ncaravan parks, schools, nursing homes, child care facilities, shopping centres, playgrounds,\npublic buildings, commercial and industrial land uses which require a high level of amenity\nor are sensitive to particular emissions.\n9.40 Limitations to registration\nUnless otherwise approved, no premises shall be registered as a piggery unless it has been granted\napproval under the Local Planning Scheme.\n9.41 Conditions of registration\nAny person intending to establish a piggery within the district shall ensure an application made in a\nform as determined by the local government from time to time, is accompanied by plans and\nspecifications in duplicate of the proposed piggery including—\n(a) details of the approximate number of pigs to be kept;\n(b) details of the drainage and effluent disposal system to be installed; and\n(c) details of the method by which cleanliness of the piggery shall be maintained.\n9.42 Sties, enclosures or sheds\n(1) The occupier of every piggery shall provide either—\n(a) sties and enclosures;\n\n","sortOrder":62},{"sectionNumber":"3638","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3638 GOVERNMENT GAZETTE, WA 8 October 2020\n(b) enclosures; or\n(c) sheds; within which pigs shall be kept\n(2) Where sties and enclosures are provided—\n(a) the floor of every sty shall be properly paved with impervious materials, and every such floor\nshall have sufficient fall to a surface gutter, which shall—\n(i) be constructed of similar materials;\n(ii) be not less than 300 millimetres wide and 75 millimetres deep in the centre of its\nwidth;\n(iii) extend the whole length of the sty; and\n(iv) have sufficient fall so that it shall discharge all liquids falling upon the floor or upon\nthe gutter into an impervious sump of sufficient capacity to receive at least one day’s\ndrainage; and\n(b) the area of every enclosure appurtenant to a sty or group of sties shall be not less than\n3 times the area of the sty or group of sties to which it is appurtenant.\n(3) Where enclosures only are provided, then—\n(a) the fences of such enclosures shall be movable; and\n(b) the fences shall be moved and re-erected to enclose a new site whenever—\n(i) the ground within a site is becoming offensive; or\n(ii) the occupier is directed to do so by an Authorised Officer.\n(4) Where one or more sheds are provided, then—\n(a) the floor of every shed shall comply with subclause 1(a);\n(b) they shall be maintained in a structurally sound and clean condition free of infestation with\nflies and other vectors of disease; and\n(c) they shall be effectively drained and effluent waste removed so as to prevent a nuisance\noccurring.\n9.43 Slaughtering\nThe occupier of any piggery shall not permit any slaughtering of animals on the premises.\n9.44 Feed\nThe occupier of any piggery shall—\n(a) not receive, or allow to be received on such premises, any carcass or part of a carcass of a\ndiseased animal;\n(b) not feed the pigs upon the flesh or offal of diseased animals;\n(c) not receive or suffer or permit to be received on the premises, putrid matter for any purpose;\nand\n(d) not receive or suffer or permit to be received on the premises, any kitchen, slaughterhouse or\nbutcher’s wastes or other putrescible pig feed.\n9.45 Fencing\nEvery piggery occupier shall securely fence all the enclosures.\n9.46 Water supply\nEvery piggery occupier shall provide a sufficient and constant supply of clean water, which shall be\nproperly protected against pollution and always available for cleansing purposes.\n9.47 Feeding troughs\n(1) Every such occupier shall—\n(a) where sties and enclosures are provided under the provisions of clause 9.42(2), provide\nfeeding troughs in every sty, situated near to the drainage gutter or positioned to be\naccessible to the pigs in two or more sties or enclosures;\n(b) where enclosures are provided under the provisions of clause 9.42(3), provide feeding troughs\nin every such enclosure;\n(c) cause all feeding troughs, other than those provided in connection with movable enclosures,\nto be fixed upon a cement or concrete floor extending 1.2 metres in all directions from such\ntrough, and designed to permit ready drainage; and\n(d) not permit pigs to be fed other than at the feeding troughs provided in accordance with this\n(2) Notwithstanding the provisions of subclause (1), where pigs are kept continually confined in fully\nenclosed pens, floor feeding with pellets or dry meal shall be permitted, in which case feeding troughs\nare not required to be provided.\nPART 10—OFFENCES AND PENALTIES\n10.1 Offences and penalties\n(1) A person who—\n(a) fails to do anything required or directed to be done under this local law; or\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3639\n(b) fails to comply with the requirements of a notice issued under this local law by an authorised\nofficer; or\n(c) does anything which under this local law that person is prohibited from doing; commits an\n(2) A person who commits an offence under subclause (1) is liable to—\n(a) a penalty which is not more than $5,000 and not less than—\n(i) in the case of a first such offence, $500; and\n(ii) in the case of a second such offence, $1000; and\n(iii) in the case of a third or subsequent such offence, $2,500 and\n(b) if the offence is a continuing offence, a daily penalty which is not more than $500 and not less\nthan $250.\n(3) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of\nsection 9.16(1) of the\nLocal Government Act 1995.\n(4) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 2.\n10.2 Form of infringement notices\n(1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in\nsection 9.13 of the\nLocal Government Act 1995 is that of Form 1 in Schedule 1 of the\nLocal\nGovernment (Functions and General) Regulations 1996;\n(2) The form of the infringement notice referred to in section 9.16 of the\nAct 1995 is that of Form 2 in Schedule 1 of the\nLocal Government (Functions and General)\nRegulations 1996; and\n(3) The form of the infringement withdrawal given under section 9.20 of the\nAct 1995 is that of Form 3 in Schedule 1 of the\nLocal Government (Functions and General)\nRegulations 1996.\n10.3 Other enforcement actions\n(1) In addition to a penalty imposed under clause 10.1, any expense incurred by the local government\nin consequence of a breach or non-observance of this local law, in the execution of work directed to be\nexecuted by any person and not executed by him or her, must be paid by the person committing the\nbreach for failing to execute the work.\n(2) On a breach, or successive breaches, by a licensee or a person registered under this local law, the\nlocal government may suspend or cancel the licence or registration as the case may be.\n10.4 Power of entry into private property\nThis local law is subject to sections 3.25, 3.27 and Schedules 3.1 and 3.2 of the\nAct 1995 and any power of entry exercised by the local government under this local law is subject to\nPart 3, Division 3, Subdivision 3 of the Act.\nPART 11—OBJECTION AND APPEAL\n11.1 Objection and appeal rights\nDivision 1 of Part 9 of the\nLocal Government Act 1995 applies to a decision under this local law to\ngrant, renew, vary or cancel an approval.\n————\nSchedule 1\nOFFENSIVE TRADES\n[clause 9.1]\nOffensive trades are any of the trades, businesses or occupations usually carried on, in or connected\nwith the undermentioned works or establishments—\nAbattoirs or slaughter houses;\nBone mills or bone manure depots;\nBones, hides, hoofs or skins storing, drying, or preserving establishments;\nCleaning establishments, dye works;\nFat rendering establishments;\nFellmongeries, tanneries;\nFish-curing, fish processing (excluding retail fish shops) and fish canning establishments;\nFlock factories;\nGut scraping, preparation of sausage skins;\nKnackeries;\nLaundromats, dry cleaning establishments;\nLivestock saleyards;\nManure works;\n\n","sortOrder":63},{"sectionNumber":"3640","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 8 October 2020","content":"3640 GOVERNMENT GAZETTE, WA 8 October 2020\nPiggeries;\nPoultry processing establishments;\nPoultry farming employing caged poultry housing;\nRabbit farming employing caged rabbit housing;\nShellfish and crustacean processing establishments (excluding retail fish shops);\nTripe-boiling establishments; and\nWorks for boiling down meat, bones, blood, or offal.\n————\n","sortOrder":64},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":null,"content":"Schedule 2\nPRESCRIBED OFFENCES\n[Clause 10.1]\nItem\nNo. Clause No. Description Modified\nPenalty $\n1 3.3(1) Failed to ensure that rainwater does not cause a nuisance $200\n2 4.2 Deposited or allowed to be deposited liquid refuse from land $250\n3 4.3 Released or allowed the escape of liquid waste from land $250\n4 4.9(4) Burnt cleared vegetation or other material from a building or\ndevelopment site $250\n5 4.11 Failed to provide or maintain a refuse receptacle on a building\nor development site $500\n6 4.12 Failed to control refuse on a building or development site $500\n7 4.13 Stored unauthorised materials $500\n8 4.16(a) Stored, or allowed to remain on land, more than 1 vehicle,\nvessel or machinery in a state of disrepair $200\n9 4.16(b) Stored, or allowed to remain on land, any vehicle, vessel or\nmachinery in a state of disrepair for a period in excess of 1\nmonth $200\n10 4.16(c) Stored, or allowed to remain on land, any vehicle parts, vessel\nparts or machinery parts (including tyres) $200\n11 4.16(d)(i) Wrecked, dismantled or broke up any vehicle part or body,\nvessel or machinery not inside a building $200\n12 4.16(d)(ii) Wrecked, dismantled or broke up any vehicle part or body,\nvessel or machinery not behind a sufficient fence or wall $200\n13 4.16(e) Wrecked, dismantled or broke up a vehicle, vessel or machinery\nso as to cause a nuisance $200\n14 4.17 (c) Disposed of disused refrigerator or similar container with\ndoor/lid that could be fastened $250\n15 5.2 Permitted the escape of smoke, fumes, odours and other\nemissions so as to cause a nuisance $200\n16 5.5(1) Commenced works involving clearing of land without an\napproved Dust Management Plan $250\n17 5.6(2) Emitted light so as to create or cause a nuisance $250\n18 5.6(4) Erected or used lighting installations other than in accordance\nwith this local law $250\n19 5.12(1) Parked a livestock vehicle in an urban area or townsite in\nexcess of 30 minutes $200\n20 5.12(4) Started or drove a truck on residential land, or adjoining\nresidential land, without consent of the local government $100\n21 5.13(a) Failed to keep premises free from matter likely to be offensive\nor injurious to health or attracts vermin or insects $200\n22 5.13(b) Failed to keep premises clean and disinfected when directed by\nan Authorised Officer $500\n23 5.13(c) Failed to keep premises free of flies, or when directed by an\nAuthorised Officer, spray premises with means to kill or repel\nflies $500\n24 5.14(1) Failed to keep enclosures effectively drained $200\n25 5.14(3) Failed to keep property fenced in a manner capable of confining\nlivestock $200\n26 5.14(4) Permitted livestock to stray, or be at large in a street, public\nplace or private property without consent $200\n\n8 October 2020 GOVERNMENT GAZETTE, WA 3641\nItem\nNo. Clause No. Description Modified\nPenalty $\n27 5.18(1) Kept an approved animal without approval $200\n28 5.18(6) Failed to maintain stable $200\n29 5.22(1) Failed to comply with limitations on number of birds $200\n30 5.22(5) Kept birds so as to create a nuisance $200\n31 5.23 Kept, or permitted to be kept, any poultry, not in accordance\nwith conditions of this local law $200\n32 5.24(1) Kept, or suffered to remain in a townsite or lot of 2 hectares or\nless, a rooster, turkey, goose or geese, gamebird or peafowl $200\n33 5.27 Failed to prevent pigeons nesting or perching $200\n34 5.28(1)(a) Fed a wild bird so as to create or cause a nuisance $200\n35 5.28(1)(b) Fed a wild bird a food/substance that is not a natural food $200\n36 6.19(1) Kept bees without approval $200\n37 6.19(4) Failed to comply with a condition of approval to keep bees $200\n38 6.21(1) Created a nuisance from keeping of bees or bee hives $200\n39 6.21(2) Failed to comply with a notice to remove bees or bee hives for\ncontravention of local law $200\n40 10.1(1)(b) Failed to comply with notice $500\n","sortOrder":65},{"sectionNumber":"41","sectionType":"section","heading":"All other offences not specified $100","content":"41 All other offences not specified $100\n————\nDated 25 September 2020.\nThe Common Seal of the Shire of Manjimup was affixed by authority of a resolution of the Council in\nthe presence of—\nCr. PAUL OMODEI, Shire President.\nANDREW CAMPBELL, Chief Executive Officer.","sortOrder":66}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":592},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This local law appears consistent with its original purpose. It replaces a 2004 local law on the same topic (jetties, bridges and boat pens) and adds swimming structures, which is a logical extension of the maritime facilities theme. The extraterritorial application to specific nearby areas (Emu Point, Middleton Beach) was approved by the Governor under the Local Government Act and appears to have been part of the original design rather than scope creep."},"complexity_factors":["47 defined terms in the interpretation section (clause 1.5)","Multiple cross-references to other Acts (Local Government Act 1995, Fish Resources Management Act 1994, Dangerous Goods Safety Act 2004, etc.)","Nested exceptions and exemptions throughout (e.g., clause 2.2 with emergency exceptions, clause 2.10 with vehicle exceptions)","Detailed technical specifications for mooring lines by vessel length (clause 3.4)","Complex multi-party licensing arrangements for shared boat pen ownership (clause 3.3)","Geographic application extends beyond the local government district with specific lot references","Schedule of specific use determinations for individual locations"],"plain_english_summary":"This City of Albany local law regulates use of jetties, bridges, marina berths and swimming structures, requiring licences for boat pens, setting conduct and safety rules, and empowering authorised officers to inspect, direct and remove vessels. It attaches penalties (including modified fines) and applies to specified nearby coastal areas while excluding Department of Transport assets.\n\nIt matters because it protects swimmers, reduces pollution and conflict between boats and people, and manages the marina system fairly and safely."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-albany-jetties-bridges-boat-pens-and-swimming-structures-local-law-2020","history":"/api/acts/city-of-albany-jetties-bridges-boat-pens-and-swimming-structures-local-law-2020/history","analysis":"/api/acts/city-of-albany-jetties-bridges-boat-pens-and-swimming-structures-local-law-2020/analysis","conflicts":"/api/acts/city-of-albany-jetties-bridges-boat-pens-and-swimming-structures-local-law-2020/conflicts","importantCases":"/api/acts/city-of-albany-jetties-bridges-boat-pens-and-swimming-structures-local-law-2020/important-cases","documents":"/api/acts/city-of-albany-jetties-bridges-boat-pens-and-swimming-structures-local-law-2020/documents"}}