{"id":"wa-local:bayswater-city-of-city-of-bayswater-health-local-law-2023","name":"City of Bayswater Health Local Law 2023","slug":"city-of-bayswater-health-local-law-2023","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437107,"registerId":"wa-local:bayswater-city-of-city-of-bayswater-health-local-law-2023-pdf-1775954114255","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"25","sectionType":"section","heading":"August 2023 GOVERNMENT GAZETTE, WA 2911","content":"25 August 2023 GOVERNMENT GAZETTE, WA 2911\nARRANGEMENT\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"PRELIMINARY","content":"PART 1—PRELIMINARY\n1.1 Citation\n1.2 Repeal\n1.3 Interpretation\n1.4 Application\n1.5 Commencement\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"SANITATION","content":"PART 2—SANITATION\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Sanitary Conveniences","content":"Division 1—Sanitary Conveniences\n2.1 Interpretation\n2.2 Dwelling House\n2.3 Premises other than a Dwelling House\n2.4 Toilets\n2.5 Temporary Works\n2.6 Maintenance of Sanitary Conveniences and Fittings\n2.7 Ventilation of Toilets\n2.8 Public Sanitary Conveniences\n2.9 Lighting\n2.10 Installation\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Bathrooms, Laundries and Kitchens","content":"Division 2—Bathrooms, Laundries and Kitchens\n2.11 Bathrooms\n2.12 Laundries\n2.13 Washing or Keeping of Clothes in Kitchens\n2.14 Kitchens\n2.15 Floor of Wet Areas\n","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"HOUSING AND GENERAL","content":"PART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of Dwelling Houses\n3.1 Dwelling House Maintenance\n3.2 Maintenance of Guttering and Downpipes and Disposal of Rainwater\nDivision 2—Ventilation of Houses\n3.3 Exemption for Short Term Hostels and Recreational Campsites\n3.4 Overcrowding\n3.5 Calculation of Sufficient Space\n3.6 Ventilation\n3.7 Sub-Floor Ventilation\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Water Supply","content":"Division 3-Water Supply\n3.8 Water Supply\n3.9 Rain Water tanks\n3.10 Wells\n3.11 Pollution\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Second-hand Furniture, Bedding and Clothing","content":"Division 4—Second-hand Furniture, Bedding and Clothing\n3.12 Prohibition on Sale\n3.13 Prohibition of Possession\n\n2912 GOVERNMENT GAZETTE, WA 25 August 2023\nDivision 5—Morgues\n3.14 Licensing of Morgues\nPART 4—WASTE FOOD AND REFUSE\n4.1 Interpretation\nDivision 1—Liquid Refuse\n4.2 Deposit of Liquid Refuse\nDivision 2—Disposal of Refuse\n4.3 Interpretation\n4.4 Use of Other Containers\n4.5 Suitable Enclosure\n4.6 Deposit of Refuse\n4.7 Removal of Rubbish or Refuse from Refuse Disposal Site\n4.8 Removal of Rubbish from Building Sites\n4.9 Burning Rubbish or Refuse\n4.10 Removal of Rubbish from Building Sites\nDivision 3 -Transport of Butchers Waste\n4.11 Interpretation\n4.12 Restriction of Vehicles\n4.13 Transport of Butchers’ Waste\n","sortOrder":7},{"sectionNumber":"Part 5","sectionType":"part","heading":"NUISANCES AND GENERAL","content":"PART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n5.1 Interpretation\n5.2 Footpaths etc. to be Kept Clean\n5.3 Escape of Smoke etc.\n5.4 Public Vehicles to be Kept Clean\n5.5 Prohibition Against Spitting\n5.6 Transportation, Use and Storage of Offal or Blood\n5.7 Use or Storage of Fertiliser\n5.8 Storage and Dispatch of Artificial Fertiliser\n5.9 Storage of Fertiliser\nDivision 2—Keeping of Animals\n5.10 Cleanliness\n5.11 Animal Enclosures\n5.12 Slaughter of Animals\n5.13 Disposal of Dead Animals\nDivision 3—Keeping of Large Animals\n5.14 Interpretation\n5.15 Stables\n5.16 Proximity of Animals to a Dwelling House\n5.17 Manure Receptacles\nDivision 4—Keeping of Poultry, Pigeons and Cage-birds\n5.18 Interpretation\n5.19 Limitation on Numbers of Poultry, Pigeons and Cage-birds\n5.20 Conditions of Keeping Poultry\n5.21 Roosters\n5.22 Conditions of Keeping Pigeons and Other Cage-birds\n5.23 Removal of Non -conforming Structure or Enclosure\n5.24 Restrictions on Pigeon Nesting, Perching and Feeding\n","sortOrder":8},{"sectionNumber":"Div 5","sectionType":"division","heading":"Car Parks","content":"Division 5-Car Parks\n5.25 Interpretation\n5.26 Ventilation\n5.27 Exhaust Air Discharge Points and Exhaust Registers\n5.28 Car Park Attendant Booths\n","sortOrder":9},{"sectionNumber":"Part 6","sectionType":"part","heading":"PEST CONTROL","content":"PART 6—PEST CONTROL\nDivision 1—Flies\n6.1 Interpretation\n6.2 Fly Breeding Matter not to be Left on Premises Unless Covered or Treated\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2913\n6.3 Measures to be Taken by an Occupier\n6.4 Officer May Give Notice Directing Measures to be Taken\n6.5 Local Government May Execute Work and Recover Costs\nDivision 2—Mosquitoes\n6.6 Interpretation\n6.7 Premises to be Kept Free of Mosquito Breeding Matter\n6.8 Measures to be Taken by an Owner or Occupier\n6.9 Measures to be Taken by Occupier\n6.10 Removal of Undergrowth or Vegetation\n6.11 Filling in Excavations etc.\n6.12 Drains, Channels and Septic Tanks\n6.13 Drainage of Land\n6.14 Swimming Pools\nDivision 3—Rodents\n6.15 Interpretation\n6.16 Measures to be Taken to Eradicate Rodents\n6.17 Waste Food etc. to be Kept in Rodent Proof Receptacles\n6.18 Restrictions on Materials Affording Harbourage for Rodents\n6.19 Food Premises to be Cleaned After Use\n6.20 Restrictions on the Keeping of Rodents\nDivision 4—Cockroaches\n6.21 Interpretation\n6.22 Measures to be Taken to Eradicate Cockroaches\nDivision 5—Argentine Ants\n6.23 Interpretation\n6.24 Measures to be Taken to Keep Premises Free from Argentine Ants\n","sortOrder":10},{"sectionNumber":"Div 6","sectionType":"division","heading":"European Wasps","content":"Division 6—European Wasps\n6.25 Interpretation\n6.26 Measures to be Taken to Keep Premises Free from European Wasp Nests\n","sortOrder":11},{"sectionNumber":"Div 7","sectionType":"division","heading":"Bee Keeping","content":"Division 7—Bee Keeping\n6.27 Interpretation\n6.28 Limitation on Numbers of Hives\n6.29 Restrictions on Keeping of Bees in Hives\n6.30 Bees which cause a Nuisance not to be Kept\n","sortOrder":12},{"sectionNumber":"Div 8","sectionType":"division","heading":"Arthropod Vectors of Disease","content":"Division 8—Arthropod Vectors of Disease\n6.31 Interpretation\n6.32 Responsibility of the Owner or Occupier\n","sortOrder":13},{"sectionNumber":"Part 7","sectionType":"part","heading":"INFECTIOUS DISEASES","content":"PART 7—INFECTIOUS DISEASES\nDivision 1—General Provisions\n7.1 Environmental Health Officer may Visit, Inspect and Report\n7.2 Requirements on Owner or Occupier to Clean, Disinfect and Disinfest\n7.3 Environmental Health Officer may Disinfect or Disinfest Premises\n7.4 Insanitary Houses, Premises and Things\n7.5 Medical Officer may Authorise Disinfecting\n7.6 Persons in Contact with an Infectious Disease Sufferer\n7.7 Declaration of Infected House or Premises\n7.8 Destruction of Infected Animals\n7.9 Disposal of a Body\n7.10 Local government may Carry out Work and Recover Costs\nDivision 2—Disposal of Used Condoms and Needles\n7.11 Disposal of Used Condoms\n7.12 Disposal of Used Needles\n","sortOrder":14},{"sectionNumber":"Part 8","sectionType":"part","heading":"LODGING HOUSES","content":"PART 8—LODGING HOUSES\nDivision 1—Registration\n8.1 Interpretation\n8.2 Lodging House not to be Kept Unless Registered\n8.3 Application for Registration\n\n","sortOrder":15},{"sectionNumber":"2914","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2914 GOVERNMENT GAZETTE, WA 25 August 2023\n8.4 Approval of Application\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 Sanitary Conveniences\n8.10 Laundry\n8.11 Kitchen\n8.12 Cooking Facilities\n8.13 Dining Room\n8.14 Lounge Room\n8.15 Fire Prevention and Control\n8.16 Obstruction of Passages and Stairways\n8.17 Fitting of Locks\n8.18 Restriction on Use of Rooms for Sleeping\n8.19 Sleeping Accommodation-Short Term Hostels and Recreational Camp sites\n8.20 Furnishing etc. of Sleeping Apartments\n8.21 Ventilation\n8.22 Numbers to be Placed on Doors\nDivision 3—Management and Care\n8.23 Keeper or Manager to Reside in the Lodging House\n8.24 Register of Lodgers\n8.25 Keeper Report\n8.26 Certificate in Respect of Sleeping Accommodation\n8.27 Duplicate Keys and Inspection\n8.28 Room Occupancy\n8.29 Infectious Diseases\n8.30 Cleaning and Maintenance Requirements\n8.31 Responsibilities of Lodgers and Residents\n8.32 Approval for Storage of Food\n","sortOrder":16},{"sectionNumber":"Part 9","sectionType":"part","heading":"OFFENSIVE TRADES","content":"PART 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\n9.6 Conditions of Consent for an Offensive Trade\n9.7 Directions\n9.8 Other Duties of Occupier\n9.9 Change of Occupier\n9.10 Alterations to Premises\n9. 11 Occupier Includes Employee\nDivision 2—General Duties of an Occupier\n9.12 Interpretation\n9.13 Cleanliness\n9.14 Rats and Other Vectors of Disease\n9.15 Sanitary Conveniences and Wash Basins\n9.16 Painting of Walls etc.\n9.17 Effluvia, Vapours or Gases\n9.18 Offensive Material\n9.19 Storage of Materials\n9.20 Specified Offensive Trades\n9.21 Directions\n9.22 Other Duties of Occupier\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2915\nDivision 3—Fish Processing Establishments\n9.23 Interpretation\n9.24 Fish Preparation Room\n9.25 Disposal of Waste\n9.26 Fish Containers\n9.27 Cooking of Fish\n9.28 Fly Screening\n9.29 Use of an Approved Portable Box\n9.30 Fish Transport Vehicle\nDivision 4—Fat Rendering Premises\n9.31 Interpretation\n9.32 Exhaust Ventilation\n9.33 Covering of Apparatus\n9.34 Rendering of Walls\nDivision 5—Flock Factories\n9.35 Interpretation\n9.36 New and Used Materials\n9.37 Collection and Removal of Dust\n9.38 Building Requirements\n9.39 Unclean Rags\n9.40 Bedding and Upholstery\nDivision 6—Laundries, Dry Cleaning Establishments and Dye Works\n9.41 Interpretation\n9.42 Receiving Depot\n9.43 Reception Room\n9.44 Walls and Floors\n9.45 Laundry Floor\n9.45 Escape of Dust\n9.46 Precautions Against Combustion\n9.47 Trolleys\n9.48 Sleeping on Premises\nDivision 7—Manure Works\n9.50 Interpretation\n9.51 Storage of Manure\n9.52 Emission of Dust, Offensive Odours and Noxious Effluvia\n9.53 Prevention of Nuisances During Transit\n","sortOrder":17},{"sectionNumber":"Part 10","sectionType":"part","heading":"OFFENCES, PENALTIES, FEES AND EXPENSES","content":"PART 10—OFFENCES, PENALTIES, FEES AND EXPENSES\n10.1 Offences\n10.2 Penalties\n10.3 Fees\n10.4 Expenses\nSCHEDULES OF FORMS AND FEES\nSchedule\nNumber Description\n1. Application for Registration of a Lodging House\n2. Certificate of Registration of a Lodging House\n3. Notice of Change of Owner of a Lodging House\n4. Register of Lodgers\n5. List of Lodgers\n","sortOrder":18},{"sectionNumber":"6","sectionType":"section","heading":"Certificate of Sleeping Accommodation","content":"6 Certificate of Sleeping Accommodation\n7. Certificate of Sleeping Accommodation for a Lodging House with more than 20 Sleeping\nApartments\n8. Application for Licence of a Morgue\n9. Certificate of Licence of a Morgue\n10. Application for Consent to Establish an Offensive Trade\n11. Application for Registration of Premises for Offensive Trade\n12. Certificate of Registration of Premises for Offensive Trade\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2917\nUnder the powers conferred under the Local Government Act 1995 and under all other powers enabling\nit, the Council of the City of Bayswater resolved on 25 July 2023 to make the City of Bayswater Health\nLocal Law 2023.\nPART 1—PRELIMINARY\n1.1 Citation\nThese local laws may be cited as the City of Bayswater Health Local Laws 2023\n1.2 Repeal\nThe Health Local Laws 2001 adopted by the City of Bayswater and published in the Government Gazette\non 10 December 2001, and amended from time to time, are repealed.\n1.3 Interpretation\n(1) In these Local Laws, unless the context otherwise requires—\nAct means the Health (Miscellaneous Provisions) Act 1911 and includes subsidiary legislation\nmade under the Health (Miscellaneous Provisions) Act 1911;\nadequate supply of water means a flow of water of not less than 4.56 litres per minute; “approved”\nmeans approved by the Principal Environmental Health Officer;\nAS means Australian Standard published by the Standards Association of Australia;\nBuilding Code means the latest edition of the National Construction Code 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 City of Bayswater and includes\nan Acting Chief Executive Officer;\nCouncil means the Council of the City of Bayswater;\ndistrict means the district of the City of Bayswater and includes any area placed under the\njurisdiction of the Council pursuant to section 22 of the Act;\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;\nEnvironmental Health Officer means an Environmental Health Officer appointed by the local\ngovernment under the Act;\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 sunroom; but\n(b) excludes a bathroom, laundry, water closet, 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;\nhouse in these Local Laws shall be the same as the definition given in Part 1 Section 3 of the Health\n(Miscellaneous Provisions) Act 1911;\nhot water means water at a temperature of at least 75 degrees Celsius;\nlocal government means the City of Bayswater;\nMedical Officer means the Medical Officer appointed by the Council under the Act and includes\nan Acting Medical Officer so appointed;\nPrincipal Environmental Health Officer means an Environmental Health Officer appointed\nby the local government to the officer of Principal Environmental Health Officer and includes\nManager Environmental Health;\npublic place includes every place to which the public ordinarily have access, whether by payment\nof a fee or not;\nsanitary convenience includes urinals, water-closets, latrines, sinks, baths, showers, wash\ntroughs, apparatus for the treatment of sewage or other receptacle for the deposit of fecal\nmatter and urine and all similar conveniences;\nsewage means any kind of sewage, faucal 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 a local government;\n\n","sortOrder":19},{"sectionNumber":"2918","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2918 GOVERNMENT GAZETTE, WA 25 August 2023\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 water closet, latrine or urinal and includes a room or cubicle in which one or more\nof these is located;\nwater means drinking water within the meaning of the Guidelines for Drinking Water Quality in\nAustralia—1996, as published by the National Health and Medical Research Council and\namended and endorsed by the Minister from time to time; and\nwindow means a glass panel, roof light, glass brick, glass louvre, glazed sash, glazed door, or other\ndevice which transmits natural light directly from outside a building to the room concerned\nwhen in the closed position.\n(2) Where in these Local Laws, a duty or liability is imposed on an “owner or occupier”, the duty or\nliability shall be deemed to be imposed jointly and severally on each of the “owner or occupier”.\n(3) Where under these Local Laws an act is required to be done or forbidden to be done in relation to\nany premises, the owner or occupier of those premises has, unless the contrary intention appears, the\nduty of 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(4) These Local Laws shall be construed subject to the limits of the power of the Council of the City of\nBayswater and so as not to exceed that power to the intent that where any provision of these Local\nLaws, but for this clause, would be construed as being in excess of that power, it shall nevertheless be\nvalid to the extent to which it is not in excess of that power.\n(5) Save where defined herein, where words and phrases used in these Local Laws are defined or used\nin the Health (Miscellaneous Provisions) Act 1911, those words and phrases have the same meaning\nunless the context otherwise requires.\n1.4 Application\nThis local law applied to the district.\n1.5 Commencement\nThis local law comes into operation 14 days after the date on which it is published in the Government\nGazette.\nPART 2—SANITATION\nDivision 1—Sanitary Conveniences\n2.1 Interpretation\n“public sanitary convenience” means a sanitary convenience to which the public ordinarily\nhave access, whether by payment of a fee or not; and\n“temporary sanitary convenience” means a sanitary convenience, temporarily placed for use\nby- patrons in conjunction with a festival; or 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 at\nleast one toilet.\n(2) A room in which a toilet is located shall have lighting in accordance with the requirements of the\nBuilding Code.\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 these local laws are situated within a reasonable distance and are easily\naccessible to the persons for whom they are provided; and\n(c) the premises have handbasins—\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 basin;\n(iv) separate from any trough, sink or basin used in connection with any process carried out\non 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 premises other than a dwelling house shall ensure that -\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; and\n(c) each handbasin 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 basin.\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2919\n2.4 Toilets\nToilets on premises other than a dwelling house shall be maintained in accordance with the following\nadditional requirements—\n(a) toilets for the exclusive use of males shall not adjoin any toilet for the exclusive use of females\nunless the toilets are separated by a wall extending from floor to ceiling;\n(b) where more than one toilet is provided on the premises, the entrance to each toilet shall bear a\nsuitable sign indicating for which sex its use is intended.\n2.5 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 Health (Temporary\nSanitary Conveniences) Regulations 1997.\n2.6 Maintenance of Sanitary Convenience and Fittings 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 Environmental Health Officer, effectively disinfect and clean, all\nsanitary conveniences 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.\n2.7 Ventilation of Toilets\nA toilet in any premises shall be ventilated in accordance with the Sewerage (Lighting, Ventilation and\nConstruction) Regulations 1971 and the Building Code.\n2.8 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,\na public sanitary convenience or sanitary fixtures or fittings or the premises in or on which the sanitary\nconvenience is located.\n(2) A person using a public sanitary convenience shall where the convenience has been provided by the\nlocal government and a charge for its use has been levied, forthwith pay that charge.\n(3) 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.\n2.9 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.\n2.10 Installation\n(1) Every sanitary convenience shall be installed in accordance with the requirements of the\nMetropolitan Water Supply Sewerage and Drainage By-Laws 1981 and National Plumbing and\nDrainage Code AS 3500 and shall have an adequate supply of water.\n(2) Every temporary sanitary convenience shall be installed in accordance with the requirements of the\nHealth (Temporary Sanitary Conveniences) Regulations 1997.\nDivision 2—Bathroom, Laundries and Kitchens\n2.11 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 lined with an impervious material in accordance with the requirements of Part F 2.4.1 of the\nBuilding Code;\n(b) complies with the Health Act (Laundries and Bathrooms) Regulations;\n(c) is equipped with—\n(i) a handbasin; and\n(ii) either a shower in a shower recess or a bath; and\n(d) is provided with a minimum of 0.015 square metres of fixed permanent ventilation.\n(2) All baths, showers, hand basins and similar fittings shall be provided with an adequate supply of\nhot and cold water.\n\n","sortOrder":20},{"sectionNumber":"2920","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2920 GOVERNMENT GAZETTE, WA 25 August 2023\n2.12 Laundries\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a laundry\nthat—\n(a) is properly enclosed and roofed;\n(b) is adequately lined with an impervious material;\n(c) is not a room in which food is stored, prepared, served or consumed; and\n(d) is provided with a minimum of 0.015 square metres of fixed permanent ventilation.\n(2) In the case of a single occupancy dwelling, the laundry referred to in subsection (1) shall have -\n(a) either—\n(i) two wash troughs and one copper; or\n(ii) a washing machine and either a wash trough or a sink; and\n(b) a clothes drying facility comprising either an electric clothes dryer or not less than 20 metres\nof clothes line erected externally.\n(3) All wash troughs, sinks, coppers and washing machines shall be—\n(a) in a laundry and connected to an adequate supply of hot and cold water; and\n(b) properly supported,\nand all wash troughs and sinks shall have a capacity of at least 36 litres.\n(4) 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(5) Where, in any building, a laundry is situated adjacent to a kitchen or a room where food is stored or\nconsumed, the laundry shall be separated from the kitchen by a wall extending from the floor to the\nroof or ceiling.\n(6) 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 millimeters wide; and\n(b) have a door which when closed shall completely fill the opening.\n2.13 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 bedding; or\n(b) keep or permit to be kept any soiled clothing or bedding.\n2.14 Kitchens\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a kitchen\nequipped with—\n(a) an electric, gas, wood or other fuel burning stove;\n(b) an oven of sufficient capacity for the cooking requirements of the usual occupants of the house\nand not less than a minimum capacity of 0.03 cubic metres; and\n(c) a sink which shall—\n(i) be at least 380 millimetres long, 300 millimetres wide and 150 millimetres deep; and\n(ii) have an adequate supply 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 Office of Energy; and\n(b) not be installed or used in any room other than a kitchen.\n(4) (a) A kitchen shall be provided with mechanical exhaust ventilation directly above the cooking\nfacility and the exhaust air shall be—\n(i) carried to the outside air as directly as practicable; and\n(ii) boxed throughout; or\n(b) An alternative ventilation system, to the satisfaction of the Principal Environmental Health\nOfficer, may be provided, where the Principal Environmental Health Officer is satisfied that\nthe alternative method does not give rise to any health nuisance.\n(5) In this section, a “cooking facility” includes a stove, oven, facility or appliance used for or in\nconnection with the cooking of food.\n2.15 Floor of Wet Areas\nThe floor of every bathroom, ensuite, laundry, toilet and any other ablution area within the building\nshall be properly surfaced, impervious to water and evenly graded to an approved floor waste outlet.\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2921\nPART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of Houses\n3.1 Dwelling House Maintenance\nThe owner or occupier of a dwelling house shall maintain the dwelling house and any apartment\nbuildings in sound condition and fit for use and, in particular, shall—\n(a) maintain all roofs, guttering and downpipes in sound weatherproof condition;\n(b) maintain any footings, foundations and walls, either external or internal, in a sound condition;\n(c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material in\nany veranda, roof, walls, steps, handrails, floors or their supports with material of sound\nquality;\n(d) comply with the directions of an Environmental Health Officer to treat the premises for the\npurpose of destroying 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 that are missing or defective;\n(g) maintain all ventilators in good order and repair;\n(h) maintain all floors even in surface and free from cracks;\n(i) maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and\nfittings complete and with smooth unbroken surfaces;\n(j) maintain all doors and windows in good working order and weatherproof condition;\n(k) retain all-natural lighting free from any obstruction which would reduce the natural lighting,\nbelow the ratio of 10% of the floor area;\n(l) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewage so\n(m) that they comply in all respects with the provisions of the Metropolitan Water Supply,\nSewerage and Drainage By-Laws, National Plumbing Code, Treatment of Sewage and Disposal\nof Effluent and Liquid Waste Regulations and any other legal requirements to which they are\nsubject; and\n(n) maintain all electric wiring, gas services and fittings so as to comply in all respects with the\nrequirements of the Office of Energy.\n3.2 Maintenance of Guttering and Downpipes and Disposal of Rainwater\nThe owner or occupier of a house 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 onto or over a footpath, street or other\nproperty.\nDivision 2—Ventilation of Houses\n3.3 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.\n3.4 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; or\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 metres\nof 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 air\nspace per person; or\n(c) any garage or shed to be used for sleeping purposes.\n3.5 Calculation of Sufficient Space\nFor the purpose of section 3.4, 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 for\nthe number of persons present in the room at any one time; and\n(b) a deduction shall be made for the space occupied by furniture, fittings and projections of the\nwalls into a room.\n3.6 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 subsection (1) a house shall be deemed to be properly ventilated if it complies\nwith the Sewerage (Lighting, Ventilation and Construction) Regulations 1971 and the Building Code,\nincluding the provision of—\n(a) natural ventilation; or\n\n","sortOrder":21},{"sectionNumber":"2922","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2922 GOVERNMENT GAZETTE, WA 25 August 2023\n(b) a mechanical ventilation or air-conditioning system complying with AS 1668.2.\n(3) The owner of a house provided with a mechanical ventilation or air-conditioning system shall ensure\nthat the system is—\n(a) maintained in good working condition and in accordance with AS 3666-1 989; and\n(b) in use at all times the building is occupied, if it is a building without approved natural\nventilation.\n(4) If, in the opinion of the Principal Environmental Health Officer, a house is not properly ventilated,\nthe local government 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.\n(5) The owner shall comply with a notice under subsection (4).\n3.7 Sub-Floor Ventilation\nThe owner or occupier of a house shall ensure that air bricks and other openings are kept clear of refuse,\nvegetation, building materials, dirt and the like.\nDivision 3—Water Supply\n3.8 Water Supply\n(1) The owner of a house shall ensure that it is connected with a separate and independent water supply\nfrom the mains of the licensed water service operator or a water supply to the satisfaction of the local\ngovernment.\n(2) The water supply shall at all times deliver an adequate supply of drinking water to each tap in the\nhouse or on the site on which the house is located.\n3.9 Rain Water Tanks\nThe owner or occupier of a house for which part of the water supply is drawn from a rain water tank\nshall—\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(b) ensure that each rain water tank is fitted with a tight-fitting mosquito proof cover which shall\nnot be removed at any time except for the purpose of cleaning, repairing or maintaining the\ntank;\n(c) at least once in each year, thoroughly clean any tank from which water is used for human\nconsumption;\n(d) when directed by an Environmental Health Officer, empty, clean and disinfect any tank upon\nthe premises, from which water is used for human consumption.\n3.10 Wells\nThe owner or occupier of any premises shall not use or permit for human consumption the use of the\nwater of any bore or well unless the bore or well is—\n(a) at least 30 metres from any soak well or other possible source of pollution unless otherwise\napproved by the Executive Director of Public Health; and\n(b) covered with a tight-fitting cover without openings of any sort other than those essential for\nthe insertion of a pump.\n3.11 Pollution\nA person shall not deposit on or under any land, any sewage, offensive matter or any other thing that\nmay pollute or render unfit for human consumption, water from a well or other underground source.\nDivision 4—Second-hand Furniture, Bedding and Clothing\n3.12 Prohibition on Sale\nA person shall not offer for sale or sell any second-hand furniture, bedding or clothing that is filthy or\ninfested with vectors of disease.\n3.13 Prohibition of 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 with\nvectors of disease.\nDivision 5—Morgues\n3.14 Licensing of Morgues\n(1) All morgues, except those conducted by a public hospital, local government or the Police Service, are\nrequired to be licensed.\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2923\n(2) The annual fee for a licence for a place for the temporary reception and keeping of the bodies of the\ndead awaiting burial or cremation is as fixed from time to time by Council under Section 344C of the\nAct.\n(3) A licence shall—\n(a) be applied for in the form set out in Schedule 8;\n(b) be in the form set out in Schedule 9; and\n(c) expire on 31 December next after the date of its issue.\n(4) A licence 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","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"WASTE FOOD AND REFUSE","content":"PART 4—WASTE FOOD AND REFUSE\nDivision 1—Liquid Refuse\n4.1 Interpretation\nIn this division, unless the context otherwise requires—\n“liquid refuse” includes all washings from windows and vehicles; overflow, bleed off, condensate\nand drainage from air conditioning equipment including cooling towers and evaporative coolers\nand any other liquid used for cooling purposes; and swimming pool discharges;\n4.2 Deposit of Liquid Refuse\nA person shall not deposit or cause or permit to be deposited liquid refuse -\n(a) on a street;\n(b) in a stormwater disposal system; or\n(c) on any land or place other than a place or depot duly authorised for that purpose.\nDivision 2-Disposal of Refuse\n4.3 Interpretation\nIn this division, unless the context otherwise requires—\n“building line” has the meaning given to it in and for the purposes of the Local Government\n(Miscellaneous Provisions) Act 1960;\n“collection day” means the day of the week on which rubbish and refuse is collected and removed\nby the local government or its contractor;\n“collection time”, where used in connection with any premises, means the time when rubbish or\nrefuse is collected and removed from the premises by the local government or its contractor;\n“commercial waste” means refuse and other rubbish generated by or emanating from commercial\npremises and includes trade refuse;\n“domestic waste” means refuse and other rubbish generated by or emanating from residential\npremises;\n“public place” includes a street, way and place which the public are allowed to use, whether the\nstreet, way or place is or is not on private property;\n“rubbish or refuse” includes any filth, dirt, ashes, vegetation, garden refuse, waste material,\nwaste food, sludge, offensive matter, cinders, wood or metal shavings and sawdust but does not\ninclude liquid waste or liquid refuse;\n“refuse disposal site” means land set apart by the Council under the Act as a site for the deposit\nof rubbish or refuse; “receptacle”, where used in connection with any premises, means-\n(a) a polyethylene or other approved material cart fitted with wheels, a handle and a lid and\nhaving a capacity of at least 120 litres; or\n(b) a container provided by the local government or its contractor for the deposit, collection\nor recycling of specific materials; or\n(c) other type of receptacle specified or approved by the local government; and supplied to\nthe premises by the local government or its contractor;\n“street” includes highway; and a thoroughfare; which the public are allowed to use; and includes\nevery part of the highway or thoroughfare, and other things including bridges and culverts,\nappurtenant to it;\n“street alignment” means the boundary between the land comprising a street and the land that\nabuts thereon, but where a new street alignment is prescribed under the Local Government\n(Miscellaneous Provisions) Act 1960, means the new street alignment so prescribed; and\n“waste” means commercial waste or domestic waste or both as the context requires.\n\n","sortOrder":23},{"sectionNumber":"2924","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2924 GOVERNMENT GAZETTE, WA 25 August 2023\n4.4 Use of Other Containers\n(1) In the case of premises consisting of more than 3 dwellings, any premises used for commercial or\nindustrial purposes or as a food premises, the Principal Environmental Health Officer may authorise\nrubbish or refuse to be deposited in a container other than a receptacle.\n(2) The owner or occupier of premises who is authorised under this section to deposit rubbish or refuse\nin a container shall—\n(a) unless approved by the Principal Environmental Health Officer, not deposit or permit to be\ndeposited in the container anything specified in subsection 4.9 (1);\n(b) take all reasonable steps to prevent—\n(i) fly breeding and keep the container free of flies, maggots, cockroaches, rodents and other\nvectors of disease; and\n(ii) the emission of offensive and noxious odours from the container;\n(c) whenever directed by an Environmental Health officer to do so, thoroughly clean, disinfect,\ndeodorise and apply a residual insecticide to the container;\n(d) cause the container to be located on the premises in an enclosure constructed and located as\napproved by the Principal Environmental Health Officer;\n(e) ensure that the container is not visible from the street but is readily accessible for the purposes\nof collection;\n(f) ensure that the container does not cause a nuisance to an occupier of adjoining or nearby\npremises; and\n(g) ensure that rubbish or refuse which is or is likely to become offensive or a nuisance, or give off\nan offensive or noxious odour, or to attract flies or cause fly breeding is first wrapped in non-\nabsorbent or impervious material or placed in a sealed impervious container;\n(3) An owner or occupier shall—\n(a) provide a sufficient number of containers to contain all rubbish and refuse which accumulates\nor may accumulate in or from the premises;\n(b) ensure that each container on the premises-\n(i) has a close-fitting lid;\n(ii) is constructed of non-absorbent and non-corrosive material; and\n(iii) is clearly marked, for the use of, and is used only for, the temporary deposit of rubbish\nor refuse;\n(c) keep or cause to be kept each container thoroughly clean and in good condition and repair;\n(d) place any rubbish or refuse in, and only in, a container marked for that purpose;\n(e) keep the cover of each container closed except when it is necessary to place something in, or\nremove something from, it; and\n(f) ensure that the containers are emptied at least weekly or as directed by an Environmental\n4.5 Suitable Enclosure\n(1) An owner or occupier of premises—\n(a) consisting of more than 3 dwellings that have not been provided with individual receptacles; or\n(b) used for commercial or industrial purposes or as a food premises;\n(c) if required by the Principal Environmental Health Officer shall—\n(i) provide a suitable enclosure for the storage and cleaning of receptacles or other\ncontainers on the premises; and\n(ii) install in the enclosure a tap connected to an adequate supply of water.\n(2) An owner or occupier of premises required to provide a suitable enclosure under this section shall\nkeep the enclosure thoroughly clean and disinfected.\n(3) For the purposes of this section, a “suitable enclosure” means an enclosure—\n(a) of sufficient size to accommodate all receptacles or other containers used on the premises but\nin any event having a floor area not less than a size approved by the Principal Environmental\nHealth Officer;\n(b) having walls constructed of brick or concrete or other material of suitable thickness approved\nby the Principal Environmental Health Officer;\n(c) having walls which will adequately screen the receptacles or containers and not less than 1.8\nmetres in height and having an access way of adequate width to al low the removal of\nreceptacles or other containers for collection and not less than 1 metre in width and fitted with\na self-closing gate;\n(d) containing a smooth and impervious concrete floor -\n(i) of not less than 100 millimetres in thickness; and\n(ii) which is evenly graded to a liquid refuse disposal system approved by the Principal\nEnvironmental Health Officer; and\n(e) which is easily accessible to allow for the removal, emptying and cleaning of the receptacles or\nother containers.\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2925\n4.6 Deposit of Refuse\n(1) A person shall not deposit or cause or permit to be deposited any rubbish or refuse in or on any\nstreet or on any land other than a refuse disposal site.\n(2) A person shall not deposit rubbish or refuse in or on a refuse disposal site except\n(a) at such place on the site as may be directed by the person in charge of the site; or\n(b) if the person in charge is not in attendance at the site, as may be directed by a notice erected\non the site.\n4.7 Removal of Rubbish or Refuse from Refuse Disposal Site\n(1) A person shall not remove any rubbish or refuse from a refuse disposal site without the written\napproval of the local government or the local government’s contractor managing the site.\n(2) A person who obtains approval from the local government or the local government’s contractor shall\ncomply with any conditions imposed by the local government or its contractor and set out in the\napproval.\n4.8 Removal of Rubbish from Premises or Receptacles\n(1) A person shall not remove any rubbish or refuse from premises unless that person is -\n(a) the owner or occupier of the premises;\n(b) authorised to do so by the owner or occupier of the premises; or\n(c) authorised in writing to do so by the local government.\n(2) A person shall not, without the approval of the local government or the owner of a receptacle or\nother container, remove any rubbish or refuse from the receptacle or other container provided for the\nuse of the general public in a public place.\n4.9 Burning Rubbish or Refuse\n(1) A person shall not—\n(a) without the written approval of the Principal Environmental Health Officer; and\n(b) except in accordance with the terms and conditions to which the approval is subject,\nset fire to, or cause to be set on fire, any rubbish or refuse either in any incinerator, barbecue, wood\nfired stove or on the ground.\n(2) Subject to subsection (3), an approval of the Principal Environmental Health Officer is issued subject\nto the following conditions—\n(a) the material to be burnt—\n(i) does not include any plastic, rubber, food scraps, green garden cuttings or other material\nthat is offensive when burnt; and\n(ii) is of such quantity, or of such a nature, as not to be suitable for removal by the local\ngovernment’s 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 dispersion alert, outside the hours of 10.00am to 3.00pm;\n(iii) at times designated by the Bureau of Meteorology as Very High or Extreme Fire Danger;\nand\n(d) an incinerator used for fire must be located—\n(i) at least 2 metres from a fence or building; and\n(ii) in such a position so as not to create a nuisance or be offensive to other persons.\n(3) Subject to the provisions of the Bush Fires Act 1954, it is prohibited to clear by burning any fire\nbreaks, vacant lots or other land of grass, straw, hay, undergrowth, herbage and other vegetation\nwhether alive or dead and standing or not standing, without written approval of the local government.\n4.10 Removal of Rubbish from Building Sites\n(1) During all periods of construction on any building site—\n(a) The builder shall provide and maintain on the site a rubbish disposal bin of sufficient capacity\nto enable all waste generated on site to be effectively disposed of;\n(b) The builder shall keep the site free of rubbish and offensive material, whether temporary or\notherwise;\n(c) The builder shall maintain the street verge immediately adjacent to the site free of rubbish and\noffensive matter, whether temporary or otherwise;\n(d) The builder shall on completion of construction immediately clear the site and the street verge\nadjacent thereto of all rubbish and offensive matter and shall remove therefrom all or any\nrubbish disposal bins thereon by the builder.\n(2) In this section the word “rubbish” shall include stones, bricks, lime, timber, iron, tiles, bags, plastics\nand any broken, disused or discarded matter whatsoever.\n\n","sortOrder":24},{"sectionNumber":"2926","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2926 GOVERNMENT GAZETTE, WA 25 August 2023\nDivision 3—Transport of Butchers ‘Waste\n4.11 Interpretation\n“butchers’ waste” includes animal skeletons, rib cages and the products of a slaughterhouse or\nboning room.\n4.12 Restriction of Vehicles\nA person shall not use, for the transport of butchers’ waste -\n(a) a vehicle used for the transport of food or drugs; or\n(b) anything intended to be used for the packing or handling of food or drugs.\n4.13 Transport of Butchers’ Waste\n(1) A person shall not transport butchers’ waste otherwise than in -\n(a) a compartment complying with the following specifications—\n(i) the floor and 4 walls to be made of impervious materials and the walls to be not less than\n910 millimetres high;\n(ii) all joints to be made watertight;\n(iii) the loading doors, if any, to be water-tight and kept closed at all times except when\nloading; and\n(iv) the top to be completely covered by a tarpaulin or other impervious sheet material\napproved by the Principal Environmental Health Officer, carried over, and secured to\nthe outside of the walls at least 300 millimetres from the top so as to keep the load out of\nsight of the public; or\n(b) a watertight durable container fitted with a lid that 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 section, are—\n(a) maintained in good order and condition; and\n(b) thoroughly cleaned at the conclusion of each day’s work.\n(3) A person shall not load, transport, or unload butchers’ waste in a manner that is or may be offensive\ndue 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.\nPART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n5.1 Interpretation\nIn this Division, unless the context otherwise requires—”fertiliser” includes manure.\n5.2 Footpaths etc., to be Kept Clean\nAn owner or occupier of premises shall maintain any footpath, pavement, area or right of way\nimmediately adjacent to the premises clean and clear from their refuse and belongings.\n5.3 Escape of Smoke etc.\n(1) Subject to subsection (2), an owner or occupier of premises shall not cause or permit the escape of\nsmoke, dust, fumes, offensive or foul odours, liquid waste or liquid refuse from the premises in such\nquantity or of such a nature as to cause or to be a nuisance.\n(2) Subsection (1) does not apply to smoke from the chimney of a private dwelling house.\n5.4 Public Vehicles to be Kept Clean\nThe owner or person in control of a public vehicle shall -\n(a) maintain the vehicle at all times—\n(i) in a clean condition; and\n(ii) free from vectors of disease; and\n(b) whenever directed to do so by an Environmental Health Officer, thoroughly clean and disinfect\nthe vehicle as directed.\n5.5 Prohibition Against Spitting\nA person shall not spit—\n(a) on a footpath, street or public place; or\n(b) in a train, bus or other public transport.\n5.6 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 sterlised by steam and properly dried.\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2927\n5.7 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.\n5.8 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 durable\nand 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 building;\nand\n(c) ensure that all artificial fertiliser dispatched from the premises is packed in such a manner as\nto prevent any nuisance arising during transit.\n5.9 Storage of Fertiliser\n(1) The owner or occupier of premises where fertiliser or compost is stored or used shall -\n(a) prevent the escape of odours, dust or particles of fertiliser or compost;\n(b) treat the fertiliser or compost in such a manner as to effectively prevent it attracting or being\na breeding place for flies or other vectors of disease; 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 the Principal Environmental Health Officer.\n(2) No person shall store fertiliser or compost inside a dwelling house.\nDivision 2—Keeping of Animals\n5.10 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 matter which is or is\nlikely to become offensive or injurious to health or to attract rats or other vectors of disease;\n(b) when so directed by an Environmental Health Officer, clean and disinfect the premises; and\n(c) keep the premises, so far as possible, free from flies or other vectors of disease by spraying with\na residual insecticide or other effective means.\n5.11 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 the\nPrincipal Environmental Health Officer, pave, grade and drain the floors of all structures and the\nsurface of the ground of all enclosures used for the keeping of animals or birds.\n5.12 Slaughter of Animals\n(1) Subject to subsection (2), a person shall not slaughter any animal within the district.\n(2) Subsection (1) does not apply to euthanasia of animals by veterinarians or other duly authorised\npersons, slaughter of meat for pet or game meat and slaughter of animals for human consumption in\nlocal government approved abattoirs.\n5.13 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 place\nshall immediately remove the carcass and arrange for its disposal at an approved disposal site.\nDivision 3-Keeping of Large Animals\n5.14 Interpretation\n“approved animal” means a horse, cow or large animal that is the subject of an approval by the\nlocal government under section 5.15;\n“cow” includes an ox, calf or bull;\n“horse” includes an ass, mule, donkey or pony; and\n“large animal” includes a pig, sheep or goat.\n\n","sortOrder":25},{"sectionNumber":"2928","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2928 GOVERNMENT GAZETTE, WA 25 August 2023\n5.15 Stables\n(1) An owner or occupier of premises shall not keep a horse, cow or large animal on those premises\nwithout the written approval of the Council.\n(2) An owner or occupier of premises who has approval to keep a horse, cow or large animal shall provide\nfor its use a stable which shall—\n(a) not be situated within 15 metres of a house or other premises;\n(b) have a proper separate stall—\n(i) for each horse or cow; and\n(ii) the floor area of which shall be a minimum of 6 square metres;\n(c) have each wall and roof constructed of an impervious material;\n(d) have on all sides of the building between the wall and the roof a clear opening of at least 150\nmillimetres in height;\n(e) have a floor, the upper surface of which shall—\n(i) be raised 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 of 1 in 100 to a drain that shall empty into a trapped gully situated outside\nthe stable and shall discharge in a manner approved by the Principal Environmental\n(3) The owner or occupier of premises on which a stable is located shall—\n(a) maintain the stable in a clean condition and clean, wash and disinfect it when so directed by\nan Environmental Health Officer;\n(b) keep all parts of the stable so far as possible free from flies or other vectors of disease by\nspraying with a residual insecticide or other effective means; and\n(c) when so ordered by the Principal Environmental Health Officer, spray the stable, or such parts\nas may be directed, with a residual insecticide.\n5.16 Proximity of Animals to a Dwelling House\nThe owner or occupier of premises shall not permit an approved animal to approach within 15 metres\nof a dwelling house.\n5.17 Manure Receptacles\nAn owner or occupier of premises on which an approved animal is kept shall—\n(a) provide in a position convenient to the stable a receptacle for manure constructed with a\nsmooth, impervious, durable and easily cleanable surface and provided with a tight-fitting\nhinged lid;\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 becoming offensive or a breeding place for flies and other vectors of disease;\n(d) keep the receptacle so far as possible free from flies and 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, Pigeons and Cage-birds\n5.18 Interpretation\n“Affiliated Person” means a person who is a member of a Pigeon Club or Cage bird Club which\nis an incorporated body under the Associations Incorporation Act 1987;\n“cage-birds” include parrots, budgerigars, canaries, finches, quail, doves and other birds kept in\ncages on residential premises but does not include poultry;\n“Code of Practice” means the Code of Practice—Pigeon Keeping and Pigeon Racing, published\nMay 1994, amended from time to time and approved by the Pigeon Racing Federation of WA\n(Incorporated) and the Independent Racing Pigeon Federation Inc.;\n“pigeons” includes all breeds of domestic pigeon of the genus Columba Iivia domestica;\n“poultry” includes fowls, peafowl, turkeys, geese, ducks and other domestic fowls;\n“young birds” includes—\n(a) pigeons under 24 days of age and recognised as birds without feathers on the flesh under their\nwings;\n(b) cage-birds under 24 days of age and recognised as confined to their nests.\n5.19 Limitation on Numbers of Poultry, Pigeons and Cage-birds\n(1) An owner or occupier of premises—\n(a) who is not an Affiliated Person shall not keep more than 20 pigeons and 20 cage birds exclusive\nof young birds;\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2929\n(b) who is an Affiliated Person shall not keep a total of more than 150 pigeons and 150 cage birds.\nexclusive of young birds;\n(c) shall not keep any of the following—\n(i) a goose or gander;\n(ii) a turkey;\n(iii) a peacock or peahen.\non any one lot of land.\n(d) May keep ducks or fowls or a combination of ducks and fowls up to a maximum of 20 in\naccordance with the following table—\nMaximum Number Of Poultry That Can Be Kept On Residential Lots\nLot Area (m2) Poultry\nUp to 599 9\n600 to 699 10\n700 to 799 11\n800 to 899 12\n900 to 999 13\n1000 to 1099 14\n1100 to 1199 15\n1200 to 1299 16\n1300 to 1399 17\n1400 to 1499 18\n1500 to 1599 19\n1600 or greater 20\n(2) The Principal Environmental Health Officer, may either reduce the approved number of poultry,\npigeons or cage-birds kept by an owner or occupier, or ban the keeping of poultry, pigeons or cage- birds\nby an owner or occupier, if the conditions of this Division are not complied with or if excessive noise is\nevident.\n5.20 Conditions of Keeping Poultry\nA person who keeps poultry or permits poultry to be kept shall ensure that—\n(a) (i) subject to subparagraph (ii), no poultry is able to approach within 9 metres of a dwelling\npublic building or premises where people are employed or where food is stored, prepared.\nmanufactured or sold—\n(ii) the approval of the Principal Environmental Health Officer is to be obtained before any\npoultry is kept closer than 9 metres to dwellings. Such as approval is subject to dwelling\nbeing either on an adjacent property in the same ownership or a dwelling on the same\nproperty that is occupied by the keeper of the poultry. In any case, the minimum\nseparation will not be reduced to less than 6 metres.\n(b) all poultry are kept in an enclosure not closer than 1.2 metres to any property boundary within\nwhich is a properly constructed, weatherproof structure for roosting which shall—\n(i) allow a minimum of 0.3 square metres of floor area per bird;\n(ii) have an impervious concrete floor of 50 millimetre minimum thickness with 250\nmillimetre upstand around and graded to the front to facilitate easy cleaning;\n(iii) be designed to allow easy access for cleaning; and\n(iv) have the walls and roof constructed of galvanised iron or other approved material;\n(c) all enclosures and structures in which poultry are kept, including food and water containers,\nwaste receptacles and surrounds are maintained in a clean condition;\n(d) the enclosure shall have an otherwise unobstructed area of at least 20 square metres;\n(e) all wastes including husks, seed, feathers, dead birds and faecal matter shall be placed in\nplastic or double-lined paper garbage bags and disposed of immediately after collection into an\napproved receptacle. Such receptacle shall have a tight-fitting lid and be inaccessible to flies,\nrodents and other vectors of disease; and\n(f) the occupier shall clean and disinfect the enclosure, structure and surrounds, and trap or bait\nflies, rodents and other vectors of disease in accordance with any direction of an Environmental\n5.21 Roosters\nAn owner or occupier of premises shall not be permitted to keep a rooster on a residential lot in the City\nof Bayswater\n\n","sortOrder":26},{"sectionNumber":"2930","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2930 GOVERNMENT GAZETTE, WA 25 August 2023\n5.22 Conditions of Keeping Pigeons and Other Cage-birds\nA person who keeps, or permits to be kept, pigeons or other cage-birds shall ensure that—\n(a) no pigeons or other cage-birds are able to approach within 9 metres of a dwelling, public\nbuilding or premises where people are employed or where food is stored, prepared,\nmanufactured or sold;\n(b) the approval of the Principal Environmental Health Officer is obtained before an aviary or loft\nis kept closer than 9 metres to their dwelling;\n(c) except where registered homing pigeons are freed for exercise, the pigeons and other cage- birds\nare confined in a properly constructed pigeon cage, aviary or loft;\n(d) no pigeon cage, aviary or loft shall be located nearer than 1.2 metres from the boundary of\nadjoining properties;\n(e) all structures used to house pigeons and other cage-birds shall be of sound, weatherproof\nconstruction, the framework and roost being of smooth sealed timber or metal, the walls and\nroof to be constructed of galvanised iron or other approved material, and the floor to be\nconstructed in a manner and of a material which will facilitate the hygienic removal of waste\nmatter, husks, seed, feathers, dead birds and faecal matter;\n(f) all cages, aviaries, lofts, surrounds, food and water containers and rubbish receptacles shall be\nkept clean and maintained in good order and condition at all times;\n(g) all waste, including husks, seed, feathers, dead birds and faecal matter shall be placed in plastic\nor double lined paper garbage bags and disposed of immediately after collection into an\napproved receptacle. Such receptacle shall have a tight-fitting lid and be inaccessible to flies,\nrodents and other vectors of disease;\n(h) the occupier shall clean and disinfect cages, aviaries, lofts and surrounds, and trap or bait flies,\nrodents and other vectors of disease in accordance with any direction of an Environmental\nHealth Officer;\n(i) pigeons registered as homing pigeons may be released for daily exercise and may also be\nreleased for organised races and training;\n(j) not more than sixty registered homing pigeon s shall be released for exercise or training at any\none time;\n(k) the local government may, at its discretion, prohibit an owner or occupier exercising homing\npigeons between the hours of 9.00 am and 3.30 pm if health or nuisance related problems\nbecome evident;\n(l) where there is any discrepancy between this Section relating to the Keeping of Pigeons and\nother cage-birds and the Code of Practice, the higher standard of construction and hygiene shall\nprevail; and\n(m) bird cages, aviaries, lofts and surrounds shall be kept in a clean condition to the satisfaction of\nan Environmental Health Officer.\n5.23 Removal of Non-Conforming Structure or Enclosure\n(1) If a structure or enclosure is used for the keeping of poultry, pigeons or cage-birds contrary to the\nprovisions of sections 5.20 and 5.22, the Principal Environmental Health Officer may direct the owner\nor occupier to remove it.\n(2) An owner or occupier shall comply with a direction from the Principal Environmental Health Officer\nunder this Section.\n5.24 Restrictions on Pigeon Nesting, Perching and Feeding\n(1) The local government may order an owner or occupier of a house in or on which pigeons are, or are\nin the habit of, nesting or perching to take adequate steps to prevent them continuing to do so.\n(2) An owner or occupier shall comply with the local government’s order under this section.\n(3) A person shall not feed a pigeon or other bird roaming at large, so as to cause, or contribute to, a\nnuisance or be injurious or dangerous to health.\nDivision 5—Car Parks\n5.25 Interpretation\n“attendant’s booth” means a booth that is positioned inside a car park for the containment of a\nparking attendant;\n“car park” means premises, or any part of premises, set aside for parking of 3 or more motor\nvehicles; and\n“owner or occupier” means a person having the charge, management or control of a car park.\n5.26 Ventilation\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,\nin accordance with AS 1668.2 Part 2 1991.\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2931\n(2) If, in the opinion of the Principal Environmental Health Officer, a car park is not properly ventilated,\nthe local government may by notice require the owner or 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 owner or occupier shall comply with a notice under subsection (2).\n5.27 Exhaust Air Discharge Points and Exhaust Registers\nAn owner or occupier shall ensure that—\n(a) all exhaust air that is discharged from a car park shall be discharged-\n(i) at discharge points—\n(A) in accordance with AS 1668.2 Part 2 1991; and\n(B) located so that the hourly average exhaust flow rate is not reduced below the\nminimum requirement of AS 1668.2 Part 2 1991;\n(ii) at a velocity and in a direction so as not to be a danger to health or a nuisance;\n(b) exhaust registers are located—\n(i) as far as possible from the source of supply air; and\n(ii) so as to draw effluent away from staff working in the attendant’s booth;\n(c) in the case of a car park having a floor level below that of the external ground level, at least\n50% of the required exhaust air is drawn into exhaust registers having their bottom edge\nlocated within 100 millimetres of the floor level; and\n(d) 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.\n5.28 Car Park Attendant Booths\n(1) An owner or occupier shall ensure that an attendant’s booth-\n(a) is provided with a fresh air supply ventilation system—\n(i) with air flow rates that give a minimum of 40 air changes per hour; and\n(ii) which is in operation whenever the booth is occupied;\n(b) has intakes for fresh air located and arranged so that under all conditions of normal operation\nadjacent sources of pollution do not reduce the quality of fresh air;\n(c) has a capacity of not less than 5 cubic metres;\n(d) has all windows and doors, except at the toll taking area opening, closed at all times when an\nattendant is in the booth; and\n(e) has a toll taking opening that is of a minimum size that is practicably required to carry out the\noperation of toll paying.\n(2) If the Principal Environmental Health Officer believes an attendant’s booth is not properly\nventilated in accordance with subsection (1), the local government may by notice require the owner or\noccupier to cease using the booth until it is properly ventilated.\n(3) An owner or occupier shall comply with a notice under subsection (2).\nPART 6—PEST CONTROL\nDivision 1—Flies\n6.1 Interpretation\n“flies” means any of the two-winged insects constituting the order Diptera commonly known as\nflies.\n6.2 Fly Breeding Matter not to be left on Premises Unless Covered or Treated\nAn owner or occupier of premises shall not place, throw or leave, or permit or cause to be placed, thrown\nor left, in, on, or about the premises any matter or thing which is liable to attract, or be a breeding place\nfor, flies unless that matter or thing is covered, protected, treated or dealt with in such a manner as to\neffectively prevent it from attracting or being a breeding place for flies.\n6.3 Measures to be Taken by an Occupier\nAn owner or occupier of premises shall ensure that—\n(a) rubbish receptacles are kept clean and tightly sealed at all times except when refuse is being\ndeposited or emptied;\n(b) food scraps and uneaten animal and bird food are deposited in an appropriate waste receptacle\nwithout delay;\n(c) lawn clippings used on gardens as mulch are raked out thinly;\n(d) fertilisers are dug well into the soil;\n(e) compost heaps are kept well covered;\n(f) barbecues are kept clean and free from food scraps;\n\n","sortOrder":27},{"sectionNumber":"2932","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2932 GOVERNMENT GAZETTE, WA 25 August 2023\n(g) anything that is buried and may attract or be a breeding place for flies is covered with at least\n300 millimetres of soil and compacted; and\n(h) excrement from pets is collected and properly disposed of without delay.\n6.4 Officer may Give Notice Directing Measures to be Taken\nWhere in the opinion of an Environmental Health Officer flies are prevalent or are breeding on any\npremises, the Officer may give to the owner or occupier of the premises notice in writing directing him\nor her to take, within the time specified in the notice, such measures as in the opinion of the Officer are\nnecessary to—\n(a) control the prevalence;\n(b) effect the eradication; or\n(c) effectively prevent the breeding of flies.\n6.5 Local Government may Execute Work and Recover Costs\n(1) Where—\n(a) a person is required under this Division or directed by a notice given under section 6.4, to\nexecute any work; and\n(b) that person fails or neglects to comply with the requirement,\nthe local government may execute the work and may recover from that person the cost of executing the\nwork, in addition to any penalty for which that person may be liable under these Local Laws.\n(2) The costs and expenses incurred by the local government in the execution of a power under\nsubsection (1) may be recovered in a court of competent jurisdiction from the person referred to in\nsubsection (1).\n(3) The Local government is not liable to pay compensation or damages of any kind to the person\nreferred to in subsection (l) in relation to any action taken by the local government under this section,\nother than compensation or damages for loss or damage suffered because the local government acted\nnegligently, or in breach of duty.\nDivision 2—Mosquitoes\n6.6 Interpretation\n“mosquitoes” means any of the two-winged insects constituting the family Diptera Culicidae\ncommonly known as mosquitoes.\n6.7 Premises to be Kept Free of Mosquito Breeding Matter\nAn owner or occupier of premises shall keep the premises free of -\n(a) refuse; and\n(b) water located so as to be,\nliable to become the breeding place of mosquitoes.\n6.8 Measures to be Taken by an Owner or Occupier\nAn owner or occupier of premises—\n(a) where there is a fountain, pool, pond or excavation of any kind which contains water suitable\nfor the breeding of mosquitoes, shall keep the water—\n(i) stocked with mosquito predatory fish; or\n(ii) covered with a film of petroleum oil or other larvicide; and\n(b) where there is a water tank, well, cistern, vat or barrel, shall -\n(i) keep it protected with a mosquito-proof cover; and\n(ii) screen all openings, other than the delivery exit, with wire mesh having openings no\nlarger than 1.2 millimetres.\n6.9 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.\n6.10 Removal of Undergrowth or Vegetation\n(1) Where it appears to the Principal Environmental Health Officer that there is, on any premises,\nundergrowth or vegetation likely to harbour mosquitoes, he or she may direct, orally or in writing, the\nowner or occupier of the premises to cut down and remove within a specified time the undergrowth or\nvegetation.\n(2) An owner or occupier of premises shall comply with a direction from, and within the time allowed\nby, the Principal Environmental Health Officer under this section.\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2933\n6.11 Filling in Excavations etc.\nUnless written permission to the contrary is obtained from the local government, a person who cuts\nturf or removes soil or other material from any land shall forthwith ensure that each excavation is filled\nin with clean sound material and made level with the surrounding surface.\n6.12 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 directions on the container, into the septic\ntank system, whenever directed to do so by an Environmental Health Officer;\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.\n6.13 Drainage of Land\nAn owner or occupier of land upon which there is water liable to become a breeding place for mosquitoes\nshall, when required by the local government, effectively drain the land and, for that purpose, shall—\n(a) make or provide drains on the land;\n(b) remove all irregularities in the surface of the land;\n(c) if necessary, adjust the surface of the land or raise the level of the surface in such a manner\nthat—\n(i) the water on the land may flow into the drains without obstruction; and\n(ii) no water shall remain on any portion of the land other than the drains; and\n(d) keep all drains in good order and free from obstruction.\n6.14 Swimming Pools\nWhere there is a swimming pool on any premises where the circulation system does not function, or has\nnot been used such that the pool water is green or stagnant and suitable for the breeding of mosquitoes,\nthe owner or occupier shall when required by a notice issued by an Environmental Health Officer—\n(a) re-activate the pool circulation system within a time specified and operate it so that the water\nis filtered for as many hours as may be specified; and/or\n(b) chlorinate and adjust pH of the pool to—\n(i) 4 milligrams per litre free chlorine; and\n(ii) pH within the range 7.2 to 7.6; or\n(c) empty or drain the pool; or\n(d) pour up to 1 litre of paraffin oil or kerosene onto the water surface of the pool; and\n(e) maintain the pool water free of mosquito breeding;\nDivision 3—Rodents\n6.15 Interpretation\n“rodents” means those animals belonging to the order Rodentia and includes rats and mice but\ndoes not include native animals or animals kept as pets in an enclosure designed for the\npurpose of keeping as pets animals of that kind.\n6.16 Measures to be Taken to Eradicate Rodents\n(1) An owner or occupier of premises, whenever there are indications of the presence of rodents in, on\nor about the premises, and while such indications continue, shall—shall at all times take effective\nmeasures to eradicate any rodents in or on the premises.\n(a) take effective measures to keep the premises free from rodents including—\n(i) protecting food stuffs;\n(ii) using a rodenticide bait or a properly baited trap;\n(iii) minimising rodent access to water on the premises; and\n(iv) removing accumulated refuse or potential rodent food sources; and\n(b) inspect daily each rodenticide bait or trap used and, whenever a rodent is found, shall-\n(i) if it is not already dead, kill it immediately; and\n(ii) dispose of the carcass in such a manner as will not create a nuisance.\n(2) An owner of occupier of premises must take whatever measures for the eradication of rodents as\ndirected by an authorised person under this clause.\n6.17 Waste Food etc. to be Kept in Rodent Proof Receptacles\nA person must not store, or allow to be stored, on any premises, any food refuse or other waste matter\nunless it is contained in a rodent proof receptacle or compartment.\n\n","sortOrder":28},{"sectionNumber":"2934","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2934 GOVERNMENT GAZETTE, WA 25 August 2023\n6.18 Restrictions on Materials Affording Harbourage for Rodents\n(1) An owner or occupier of premises shall cause—\n(a) any part of the premises; or\n(b) any material, sewer, pipe or other thing in or on the premises,\nthat might afford access or harbourage to rodents to be altered, repaired, protected, removed or\notherwise dealt with so as to prevent it being used as access for, harbourage, of rodents.\n(2) An Environmental Health Officer may direct, orally or in writing, an owner or occupier of premises\nto take whatever action that, in the opinion of the Officer, is necessary or desirable to prevent or deter\nthe presence of rodents in or on the premises.\n(3) An owner or occupier shall within the time specified comply with any direction given by an\nEnvironmental Health Officer under this section.\n6.19 Food premises etc. to be Cleaned After Use\nAn owner or occupier of a food premises, theatre or place of entertainment, whether indoor or outdoor,\nshall cause the premises to be cleaned immediately after the last occasion on which the premises have\nbeen used on that day or, if the use extends after midnight, then immediately after that use.\n6.20 Restrictions on the Keeping of Rodents\nA person or body which keeps rodents must—\n(a) at all times ensure that all live rodents are kept in the effective control of a person or in locked\ncages; and\n(b) if a rodent escapes, ensure that all reasonable steps are taken to destroy or recapture the\nrodent.\nDivision 4—Cockroaches\n6.21 Interpretation\n“cockroach” means any of the various orthopterous insects commonly known as cockroaches.\n6.22 Measures to be Taken to Eradicate Cockroaches\n(1) An owner or occupier of premises shall take effective measures to eradicate any cockroaches in or\non the premises.\n(2) Without limiting the generality of subsection (1), an owner or occupier of premises, whenever there\nare any indications of the presence of cockroaches in, on or about the premises, and while such\nindications continue, shall take effective measures to keep the premises free from cockroaches\nincluding—\n(a) Washing and storing, immediately after use, cooking and eating utensils;\n(b) wrapping and depositing in a rubbish receptacle without delay all food scraps, uneaten pet food\nand garbage;\n(c) properly treating the premises with an insecticide, taking care not to harm the safety of\nhumans and pets or to contaminate food or cooking or eating utensils; and\n(d) whenever required by an Environmental Health Officer, treating any area with baits or other\nmethods to eradicate cockroaches.\nDivision 5—Argentine Ants\n6.23 Interpretation\n“Argentine Ant” means an ant belonging to the species Jrdomyrmex humilis.\n6.24 Measures to be Taken to Keep Premises Free from Argentine Ants\nAn owner or occupier of premises shall ensure that the premises are kept free from Argentine Ant\ncolonies and shall—\n(a) immediately notify the local government of any ant nest located on the premises suspected to\nbe an Argentine Ant nest;\n(b) take all steps to locate any nests if Argentine Ants are noticed in, on or about the premises;\n(c) properly treat all nests of Argentine Ants with an approved residual based insecticide; and\n(d) whenever required by an Environmental Health Officer—\n(i) treat any area or infestation with an insecticide referred to in paragraph (c); and\n(ii) remove any objects, including timber, firewood, compost or pot plants in accordance with\na direction from an Environmental Health Officer.\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2935\nDivision 6—European Wasps\n6.25 Interpretation\nIn this Division, unless the context otherwise requires—”European Wasp” means a wasp Vespula\ngerm anica.\n6.26 Measures to be Taken to Keep Premises Free from European Wasp Nests\nAn owner or occupier of premises shall ensure that the premises are kept free from European Wasp\nnests and shall—\n(a) immediately notify the local government of any wasp nest in, on or about the premises that is\nsuspected to be a European Wasp nest;\n(b) follow any direction of an Environmental Health Officer for the purpose of destroying the wasps\nand their nest; and\n(c) assist an Environmental Health Officer, or his or her representative, to trace any nest that\nmay be present in, on or about the premises.\nDivision 7—Bee Keeping\n6.27 Interpretation\n“bees” means an insect belonging to any of the various hymenopterous insects of the super family\nApoidea and commonly known as a bee;\n“footpath” includes a path used by, or set aside or intended for use by, pedestrians, cyclists or both\npedestrians and cyclists;\n“hive” means a moveable or fixed structure, container or object in which a colony of bees is kept;\n“lot” has the meaning given to it in the Town Planning and Development Act 1928; and\n“private street” means a street, court, alley, lane, yard, passage, or thoroughfare—\n(a) which is not dedicated, whether under an Act or common law, to use as such by the\npublic; and\n(b) which forms a common access to lands, or premises, separately occupied; or\n(c) which is accessible from a street, court, alley, lane, yard, passage, thoroughfare or public\nplace, which is dedicated, whether under an Act or at common law, to use as such by the\npublic.\n6.28 Limitation on Numbers of Hives\n(1) Subject to subsections (2) and (3), a person shall not keep or permit the keeping of bees in more than\n2 hives on a lot.\n(2) The local government may, upon written application, consent, with or without conditions, to a person\nkeeping bees in more than 2 hives on a lot which is not zoned or classified for residential purposes.\n(3) A person shall comply with any conditions imposed by the Council under subsection (2).\n6.29 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—\n(a) the bee hive is registered with the Department of Primary Industries and Regional\nDevelopment; and\n(b) the hive is kept in accordance with the Western Australian Apiarist’s Society Best Practice\nGuidelines for Urban Beekeeping.\n6.30 Bees which cause a Nuisance not to be Kept\n(1) A person shall not keep, or permit the keeping of, bees that cause a nuisance.\n(2) The local government may direct any person to remove any bees or beehives that, in the opinion of\nthe Principal Environmental Health Officer are causing a nuisance.\n(3) A person shall comply with a direction under subsection (2) within the time specified.\nDivision 8—Arthropod Vectors of Disease\n6.31 Interpretation\nIn this Division, unless the context otherwise requires- “arthropod vectors of disease” includes -\n(a) fleas (Siphonaptera);\n(b) bedbugs (Cimex lectularius);\n(c) crab lice (Phthirus pubis);\n(d) body lice (Pediculus humanus var. corporis); and\n(e) head lice (Pediculus humanus var. capitis).\n\n","sortOrder":29},{"sectionNumber":"2936","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2936 GOVERNMENT GAZETTE, WA 25 August 2023\n6.32 Responsibility of the Owner or Occupier\nThe owner or occupier of premises shall—\n(a) take reasonable precautions to keep the premises and any person residing in or on the premises\nfree from any arthropod vectors of disease; and\n(b) comply with the direction of an Environmental Health Officer to treat the premises, or anything\non the premises, for the purpose of destroying any arthropod vectors of disease.\nPART 7—INFECTIOUS DISEASES\nDivision 1—General Provisions\n7.1 Environmental Health Officer may Visit, Inspect and Report\nAn Environmental Health Officer—\n(a) may visit and inspect any house, its occupants, fixtures and fittings; and\n(b) who believes that there has been a breach of the Act, any Regulation made under the Act or\nthese Local Laws relating to infectious diseases, shall, as soon as possible, submit a written\nreport on the matter to the local government.\n7.2 Requirements on Owner or Occupier to Clean, Disinfect and Disinfest\n(1) The Local Government or the Principal Environmental Health Officer may, by notice in writing,\ndirect an owner or occupier of premises, within the time and in the manner specified in the notice, to\nclean, disinfect and disinfest—\n(a) the premises; or\n(b) such things in or on the premises as are specified in the notice; or\nboth, to the satisfaction of an Environmental Health Officer.\n(2) An owner or occupier shall comply with a notice given under subsection (1).\n7.3 Environmental Health Officer may Disinfect or Disinfest 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 Environmental\nHealth Officer, other local government officer or other person to disinfect and disinfest the premises or\nany part 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 Environmental\nHealth Officer, other local government officer or other person to carry out the direction given under\nsubsection (1).\n(3) The local government may recover, in a court of competent jurisdiction, the cost of carrying out the\nwork under this section from the owner or occupier of the premises in or on which the work was carried\nout.\n(4) The local government is not liable to pay compensation or damages of any kind 10 the owner or\noccupier of premises in relation to any action taken by the local government or any of its staff under\nthis section, other than compensation or damages for loss or damage suffered because the local\ngovernment or any of its staffed acted negligently or in breach of duty.\n7.4 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 Council considers that a house is insanitary, it may, by notice in writing, direct an owner\nof the house, within the time and in the manner specified in the notice, to destroy or amend the house.\n(3) Where an Environmental Health Officer believes that—\n(a) a house or premises is not being maintained in a sanitary condition; or\n(b) anything is insanitary,\nthe 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,\nwithin the time and in the manner specified in the notice.\n(4) A person to whom a notice has been given under subsections (2) or (3) shall comply with the terms\nof the notice.\n7.5 Medical Officer may Authorise Disinfecting\n(1) Where the Medical Officer believes that a person is or may be infected by an infectious disease, the\nOfficer may direct the person to have his or her body, clothing and effects disinfected at a place and in\na manner directed by the Medical Officer.\n(2) A person shall comply with any direction of the Medical Officer under this section.\n7.6 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;\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2937\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\n(c) if so removed, shall remain in that place until the Medical Officer otherwise directs.\n7.7 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 the Principal Environmental Health Officer.\n7.8 Destruction of Infected Animals\n(1) If the Principal Environmental Health Officer believes that an animal is or may be infected or is\nliable to be infected or to convey infection, he or she may, by notice in writing, direct that the animal\nbe examined by a registered veterinary officer and all steps taken to enable the condition to be\ncontrolled or eradicated or 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.\n(2) A person who has in his or her possession or upon premises occupied by him or her, an animal that\nis the subject of a notice under subsection (1) shall comply with the terms of the notice.\n7.9 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 subsection (2), cause the body to be buried or disposed of in such manner, within\nsuch time and with such precautions as may be directed by the Medical Officer.\n(2) A body shall not be removed from premises where death occurred except to a cemetery or morgue.\n7.10 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,\nthat person commits an offence and the local government may carry out the work or arrange for the\nwork to be carried out by another.\n(2) The costs and expenses incurred by the local government in the execution of a power under this\nsection may be recovered in a court of competent jurisdiction from the person referred to in subsection\n(1)(a).\n(3) The Local government is not liable to pay compensation or damages of any kind to the person\nreferred to in subsection (1) in relation to any action taken by the local government under this section,\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\n7.11 Disposal of Used Condoms\n(1) An owner or 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 the Principal Environmental Health Officer.\n(2) A person shall not dispose of a used condom in a public place except in accordance with subsection\n(1).\n7.12 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—\n“bed” means a single sleeping berth only. A double bed provided for the use of couples, shall have\nthe same floor space requirements as two single beds;\n“bunk” means a sleeping berth comprising one of two arranged vertically;\n“dormitory” means a building or room utilised for sleeping purposes at a short-term hostel or\nrecreational campsite;\n“keeper” means a person whose name appears on the register of keepers, in respect of a lodging\nhouse, as the keeper of that lodging house;\n\n","sortOrder":30},{"sectionNumber":"2938","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2938 GOVERNMENT GAZETTE, WA 25 August 2023\n“lodger” means a person who obtains, for hire or reward, board or lodging in a lodging house;\n“lodging house” includes a recreational campsite, a serviced apartment and a short-term hostel\nbut does not include a premises licensed under the Liquor Act 1988, a premises approved as a\nboarding school under the School Education Act 1999, and any building comprising of\nresidential flats;\n“manager” means a person duly appointed by the keeper in accordance with this Division to reside\nin, and have the care and management of, a lodging house;\n“recreational 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;\n“register of lodgers” means the register kept in accordance with Section 157 of the Act and this\nPart;\n“resident” means a person, other than a lodger, who resides in a lodging house;\n“serviced apartment” means a lodging house in which each sleeping apartment, or group of\nsleeping apartments in common occupancy, is provided with its own sanitary conveniences and\nmay have its own cooking facilities;\n“short term hostel” means a lodging house where the period of occupancy of any lodger is not\nmore than 14 consecutive days and shall include youth hostels and backpacker hostels; and\n“vector of disease” means an arthropod or rodent that transmits, by biological or mechanical\nmeans, an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs,\ncrab lice 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 Lodging House not to be Kept Unless Registered\nA person shall not keep or cause, suffer or permit to be kept a lodging house unless—\n(a) the lodging house is constructed in accordance with the requirements of this Part;\n(b) the lodging house is registered by the local government under section 8.4;\n(c) the name of the person keeping or proposing to keep the lodging house is entered in the register\nof keepers; and\n(d) either—\n(i) the keeper; or\n(ii) a manager who, with the written approval of the Principal Environmental Health Officer,\nhas been appointed by the keeper to have the care and management of the lodging house,\nresides or intends to reside continuously in the lodging house whenever there are one or more\nlodgers in the lodging house.\n8.3 Application for Registration\nAn application for registration of a lodging house shall be -\n(a) in the form prescribed in Schedule 1;\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 Council under Section 344C of the Act; and\n(ii) detailed plans and specifications of the lodging house.\n8.4 Approval of Application\nThe local government may approve, with or without conditions, an application under section 8.3 by\nissuing to the applicant a certificate in the form of Schedule 2.\n8.5 Renewal of Registration\nA person who keeps a lodging house that is registered under this Part shall—\n(a) during the month of December in each year apply to the local government for the renewal of\nthe registration of the lodging house; and\n(b) pay the fee as fixed from time to time by Council under Section 344C of the Act at the time of\nmaking each application for renewal.\n8.6 Notification upon Sale or Transfer\nIf the owner of a lodging house sells or transfers or agrees to sell or transfer the lodging house to another\nperson, he or she shall, within 14 days of the date of sale, transfer or agreement, give to the Chief\nExecutive Officer, in the form of Schedule 3 written notice of the full name, address and occupation of\nthe person to whom the lodging house has been, or is to be, sold or transferred.\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2939\n8.7 Revocation of Registration\n(1) Subject to subsection (3), the local government may, at any time, revoke the registration of a lodging\nhouse for any reason which, in the opinion of the Council, justifies the revocation.\n(2) Without limiting the generality of subsection (1), the local government may revoke a registration\nupon any one or more of the following grounds—\n(a) that the lodging house has not, to the satisfaction of the local government, been kept free from\nvectors 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;\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 and renovate, the condition of the\nlodging house is such as to render it, in the opinion of the Principal Environmental Health\nOfficer, unfit to remain registered.\n(3) Before revoking the registration of a lodging house under this section, 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 Council revokes the registration of a lodging house, it shall give the keeper notice of\nthe revocation and the registration shall be revoked as from the date on which the notice is served on\nthe keeper.\nDivision 2—Construction and Use Requirements\n8.8 General Construction Requirements\nThe general construction requirements of a lodging house shall comply with the Building Code.\n8.9 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 and a hand basin or alternatively, a bath and a hand\nbasin,\nin accordance with 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 subsection (1).\n(3) Each bath, shower and hand basin shall be provided with an adequate supply of hot and cold water.\n(4) The walls of each shower and bath shall be of an impervious material to a minimum height of 1.8\nmetres above the floor level.\n(5) Each toilet and bathroom shall—\n(a) be so situated, separated and screened as to ensure privacy;\n(b) have a distinct sign displayed in a prominent position denoting the sex for which the toilet or\nbathroom is provided; and\n(c) be provided with adequate electric lighting.\n(6) Paragraphs (b) of subsection (5) does not apply to a serviced apartment.\n8.10 Laundry\n(a) subject to subsection (2)—\n(i) in the case of a recreational campsite, provide on the premises a laundry consisting of at\nleast one 45 litre stainless steel trough; and\n(ii) in any other case, provide on the premises a laundry unit for each 15 lodgers;\n(b) at all times maintain each laundry 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, copper and\nwashing machine; and\n(d) ensure that the floor area of each laundry is properly surfaced with an even fall to a floor waste.\n(2) The Principal Environmental Health Officer may approve the provision of a reduced number of\nlaundry units if suitable equipment of a commercial type is installed.\n(3) In this section—\n“laundry unit” means a group of facilities consisting of—\n(a) a washing machine with a capacity of not less than 4 kilograms of dry clothing;\n(b) one wash trough of not less than 36 litres capacity, connected to both hot and cold water;\nand\n\n","sortOrder":31},{"sectionNumber":"2940","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2940 GOVERNMENT GAZETTE, WA 25 August 2023\n(c) either an electric drying cabinet or not less than 30 metres of clothes line, and\n(d) a hot water system that—\n(i) is capable of delivering 136 litres of water per hour at a temperature of at least\n75□C for each washing machine provided with the communal facilities; and\n(ii) has a delivery rate of not less than 18 litres per minute to each washing machine.\n8.11 Kitchen\n(1) The keeper of a lodging house shall provide in that lodging house a kitchen which-\n(a) has a minimum floor area of—\n(i) where lodgers prepare their own meals- 0.65 square metres per person;\n(ii) where meals are provided by the keeper or manager- 0.35 square metres per person; or\n(iii) where a kitchen and dining room are combined- 1 square metre per person, but in any\ncase, not less than 16 square metres;\n(b) has adequate—\n(i) food storage facilities and cupboards to prevent contamination of food, or cooking or\neating utensils, by dirt, dust, flies or other vectors of disease of any kind; and\n(ii) refrigerator space for storage of perishable goods;\n(c) complies with the requirements of the Food Act 2008;\n(d) has a handbasin and a double bowl sink, each provided with an adequate supply of hot and cold\nwater.\n8.12 Cooking Facilities\n(1) The keeper of a lodging house where lodgers prepare their own meals shall provide a kitchen with\nelectrical, gas or other stoves and ovens approved by the Principal Environmental Health Officer in\naccordance with the following table -\nNO. OF LODGERS OVENS 4 BURNER STOVES\n1-15 1 1\n16—30 1 2\n31—45 2 3\n46—60 2 4\nOver 60 2 4 + 1 for each additional 15 lodgers (or\npart thereof) over 60\n(2) The keeper of a lodging house where meals are provided by the keeper or manager shall provide a\nkitchen with cooking appliances of a number and type approved by the Principal Environmental Health\nOfficer.\n8.13 Dining Room\nThe keeper of a lodging house shall provide in that lodging house a dining room -\n(a) located in close proximity to, or combined with, the kitchen;\n(b) 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(c) 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.\n8.14 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 metres\nper person or;\n(ii) where the lounge room is combined with a dining room-not less than 1.2 square metres\nper 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 of the number of lodgers;\nand\n(ii) provided with a suitable floor covering.\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2941\n8.15 Fire Prevention and Control\n(a) in each passage in the lodging house provide an emergency light—\n(i) in such a position and of such a pattern, as approved by the Principal Environmental\nHealth Officer; and\n(ii) which shall be kept separate from the general lighting system and kept illuminated\nduring the hours of darkness;\n(b) provide an approved fire blanket positioned within 2 metres of the cooking area in each kitchen;\nand\n(c) ensure that each exit sign and firefighting appliance is clearly visible, accessible and\nmaintained in good working order at all times.\n(2) A keeper shall ensure that all buildings comprising the lodging house are fitted with fire protection\nequipment in accordance with the Building Code and approved by the local government.\n8.16 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,\nin such a manner as to form an obstruction to the free passage of lodgers, residents or persons in or\noccupying the lodging house.\n8.17 Fitting of Locks\nA person shall not fit, or cause or permit to be fitted, to an exit door a lock or other device which prevents\nthe door being opened from within a lodging house.\n8.18 Restriction on Use of Rooms for Sleeping\n(1) Subject to subsection (3) and section 8.32, 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\n5.5 square metres of clear space for each lodger occupying the room;\n(f) which is naturally illuminated by windows having a ratio of less than 0. 1 square metre of\nunobstructed glass to every 1.0 square metre of floor area;\n(g) which is ventilated at a ratio of less than 0.5 square metre of unobstructed ventilating area to\nevery 10 square metres of floor area;\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 the Principal Environmental Health Officer.\n(2) For the purposes of this section, two children under the age of 10 years shall be counted as one\nlodger.\n(3) Paragraphs (a), (b) and (c) of subsection (1) shall not apply to a serviced apartment.\n8.19 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;\n(b) 2.5 square metres per person in dormitories utilising bunks.\n(2) The calculation of floor space in subsection (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 2.4\nmetres in any dormitory utilising beds and 2.7 metres in any dormitory utilising bunks.\n(4) The minimum floor area requirements in subsection (l) will only apply if there is ventilation,\nseparation distances, fire egress and other safety requirements in accordance with the Building Code.\n\n","sortOrder":32},{"sectionNumber":"2942","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2942 GOVERNMENT GAZETTE, WA 25 August 2023\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 metres to each 10 square metres of floor area\nof the dormitories. Dormitories shall be provided with direct ventilation to the open air from a\npoint within 230 millimetres of the ceiling level through a fixed open window or vents, carried\nas direct to the open air as is practicable;\n(b) mechanical ventilation in lieu of fixed ventilation, subject to the local government’s approval.\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;\n(ii) in recreational campsites-750 millimetres x 1.85 metres;\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) arrange at all times a distance of 750 millimetres between beds and a distance of 900\nmillimetres between bunks;\n(b) ensure that where bed or bunk heads are placed against the wall on either side of a dormitory,\nthere is a passageway of at least 1.35 metres between each row of beds and a passageway of at\nleast 2 metres between each row of bunks. The passageway shall be kept clear of obstruction\nat all times;\n(c) ensure all doors, windows and ventilators are kept free of obstruction.\n(8) The keeper of a short-term hostel or recreational campsite shall ensure that—\n(a) materials used in dormitory areas comply with AS 1530.2 and AS 1530.3 as follows—\ndrapes, curtains, blinds and bed covers\na maximum Flammability Index of 6;\nupholstery and bedding\na maximum Spread of Flame Index of 6;\na maximum Smoke Developed Index of 5;\nfloor coverings\na maximum Spread of Flame Index of 7;\na maximum Smoke Developed Index of 5;\nFire retardant coatings used to make a material comply with these indices must be—\n(i) certified by the manufacturer as approved for use with the fabric to achieve the\nrequired indices;\n(ii) certified by the manufacturer to retain its fire retardancy effect after a minimum\nof 5 commercial dry cleaning or laundering operations carried out in accordance\nwith AS 200 1.5.4-1987, Procedure 7A, using ECE reference detergent; and\n(iii) certified by the applicator as having been carried out in accordance with the\nmanufacturer’s specification;\n(b) emergency lighting is provided in accordance with the Building Code;\n(c) a lodger or other person does not smoke in any dormitory, kitchen, dining room or other\nenclosed public place, within a short-term hostel or recreational campsite;\n(d) all mattresses are fitted with a mattress protector.\n8.20 Furnishing etc. of Sleeping Apartments\n(a) furnish each sleeping apartment with a sufficient number of beds and sufficient bedding of good\nquality;\n(b) ensure that each bed—\n(i) has a bed head, mattress and pillow; and\n(ii) is provided with, or can be rented, a pillow case, two sheets, a blanket or rug and, from\nthe 1st day of May to the 30th day of September, not less than one additional blanket or\nmg;\n(c) furnish each bedroom so that there are adequate storage facilities for belongings within the\nroom or ensure that adequate storage facilities such as lockers are available for use by lodgers\nin a separate room.\n(2) A keeper shall not cause, suffer or permit any tiered beds or bunks to be used in a sleeping apartment\nother than in a lodging house used exclusively as a short-term hostel or recreational campsite.\n8.21 Ventilation\n(1) If, in the opinion of an Environmental Health Officer, a kitchen, bathroom, toilet, laundry or\nhabitable room is not adequately or properly ventilated, he or she may direct the keeper to provide a\ndifferent or additional method of ventilation.\n(2) The keeper shall comply with any direction given under subsection (1) within such time as directed.\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2943\n8.22 Numbers to be Placed on Doors\n(1) A keeper shall place or cause to be placed on the outside of the doors of all rooms available to lodgers\nin the lodging house, serial numbers so that—\n(a) the number “1” is placed on the outside of the door of the room nearest to the front or main\nentry door of the lodging house; and\n(b) the numbers continue in sequence throughout each floor (if there is more than one) of the\nlodging house.\n(2) The numbers to be placed on the doors under subsection (1) shall be -\n(a) not less than 40 millimetres in height;\n(b) 1.5 metres from the floor; and\n(c) permanently fixed either by being painted on the doors or shown by other legible means.\nDivision 3—Management and Care\n8.23 Keeper or Manager to Reside in the Lodging House\nNo keeper of a lodging house shall absent themselves from such house, unless they leave some reputable\nperson in charge thereof.\n8.24 Register of Lodgers\n(1) A keeper shall keep a register of lodgers in the form of Schedule 4.\n(2) The register of lodgers shall be—\n(a) kept in the lodging house; and\n(b) open to inspection at any time on demand by any member of the Police Service or by an\nEnvironmental Health Officer.\n8.25 Keeper Report\nA keeper shall, whenever required by the local government, report to the local government, in the form\nof Schedule 5, the name of each lodger who lodged in the lodging house during the preceding day or\nnight.\n8.26 Certificate in Respect of Sleeping Accommodation\n(1) An Environmental Health Officer may issue to a keeper a certificate, in respect of each room, which\nshall be in the form of Schedule 6 or 7.\n(2) The certificate issued under subsection (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 the Principal Environmental Health Officer, a keeper shall exhibit the certificate\nissued under this section in a conspicuous place in the room to which the certificate refers.\n(4) A person shall not cause, suffer or permit a greater number of persons than is specified on a\ncertificate issued under this section to occupy the room to which it refers.\n8.27 Duplicate Keys and Inspection\nEach keeper and manager of a lodging house shall—\n(a) retain possession of a duplicate key to the door of each room; and\n(b) when required by an Environmental Health Officer, open the door of any room for the purposes\nof inspection by the Officer.\n8.28 Room Occupancy\n(1) A keeper shall not—\n(a) cause, suffer or permit more than the maximum number of persons permitted by the Certificate\nof Registration of the lodging house to be lodged at any one time in the lodging house;\n(b) cause, suffer or permit to be placed or kept in any sleeping apartments-\n(i) a larger number of beds; or\n(ii) a larger quantity of bedding,\nthan is required to accommodate and provide for the maximum number of persons permitted\nto occupy the sleeping apartment at any one time; and\n(c) use or cause, suffer or permit 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 section, two children under 10 years of age shall be counted as one lodger.\n8.29 Infectious Disease\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 subsection (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\n","sortOrder":33},{"sectionNumber":"2944","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2944 GOVERNMENT GAZETTE, WA 25 August 2023\n(3) A lodger or resident who contracts with a keeper to service, clean or maintain a room occupied by\nthem, shall maintain the room in a clean condition.\n8.30 Cleaning and Maintenance Requirements\n(1) A keeper of a lodging house 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 toilet seats;\n(b) maintain in a clean condition and in good working order-\n(i) All fixtures and fittings; and\n(ii) windows, doors and door furniture;\n(c) ensure that the internal walls of each bathroom and toilet are painted so as to maintain a\nsmooth impervious washable surface;\n(d) whenever there is one or more lodgers in a lodging house ensure that the laundry floor is\ncleaned daily;\n(e) ensure that—\n(i) all bed linen, towels and house linen in use are 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 that has been used by another person unless the bed has\nbeen provided with clean bed linen;\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 that is not free from vectors of disease is not used as a sleeping apartment;\n(f) when so directed by the Principal Environmental Health Officer, ensure that—\n(i) a room, together with its contents, and any other part of the lodging house, is cleaned\nand disinfected; and\n(ii) a bed or other article of furniture is removed from the lodging house and properly\ndisposed 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 adequate\nlighting; and\n(i) comply with any direction, whether orally or in writing, given by the Principal Environmental\nHealth Officer or an Environmental Health Officer.\n(2) In this section—\n“bed linen” includes sheets and pillow cases and in the case of a short-term hostel or recreational\ncampsite, mattress protectors.\n8.31 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 in flammable, noxious\nor offensive;\n(c) use a bath or handbasin 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 cleaning\nof cooking and eating utensils, other kitchenware and 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 bedding; or\n(ii) keep or permit to be kept any soiled clothing or bedding;\n(h) Subject to section 8.32—\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 or furniture, which\nis infested with vectors of disease;\n(j) store or keep such a quantity of furniture, material or goods within the lodging house—\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2945\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 required\nby 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 keeper.\n8.32 Approval for Storage of Food\n(1) The Principal Environmental Health 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 a nuisance or vector of disease infestation is found to exist in the\nlodging house.\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—\n“occupier” in relation to premises includes the person registered as the occupier of the premises\nin the Schedule 12 certificate of registration; and\n“offensive trade” has the meaning ascribed to it by Section 186 of the Act, and includes all of\nthose trades specified within Schedule 2 of the Act, and any other trade proclaimed to be\noffensive by the Governor from time to time; and\n“premises” means those premises in or upon which an offensive trade is carried on and includes\nany house.\n9.2 Consent to Establish an Offensive Trade\n(1) A person seeking the consent of the Council under Section 187 of the Act to establish an offensive\ntrade shall—\n(a) advertise notice of their intention to apply for consent in accordance with section 9.3; and\n(b) lodge with the Chief Executive Officer an application in the form of Schedule 10.\n(2) A person who makes a false statement in an application under this section shall be guilty of an\noffence.\n9.3 Notice of Application\nA notice required under subsection 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 locally or state-wide distributed newspaper, or be advertised in some other manner\nwhich is acceptable to the local government, at least two weeks but not more than one month\nbefore the application under sub section 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 the form of Schedule 11;\n(b) accompanied by the fee prescribed in the Offensive Trade (Fees) Regulations 1976; and\n(c) lodged with the Chief Executive Officer.\n9.5 Certificate of Registration\nUpon the registration of premises for the carrying on of an offensive trade, the local government shall\nissue to the applicant a certificate in the form of Schedule 12.\n9.6 Conditions of Consent for an Offensive Trade\nIn granting consent under Section 187 of the Act, the City of Bayswater may impose reasonable\nconditions of consent including, without limitation, conditions relating to—\n(a) site requirements;\n(b) building fit out specifications;\n(c) ventilation;\n(d) effluvia, vapours and gases;\n(e) control of vectors of disease;\n\n","sortOrder":34},{"sectionNumber":"2946","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2946 GOVERNMENT GAZETTE, WA 25 August 2023\n(f) sanitary convenience;\n(g) effluent and rubbish disposal.\n9.7 Directions\n(a) The Principal Environmental Health Officer may give to the occupier directions to prevent or\ndiminish the offensiveness of a trade or to safeguard the public health;\n(b) The occupier shall comply with any directions given under this section.\n9.8 Other Duties of Occupier\nIn addition to the requirements of this Division, the occupier shall comply with all other requirements\nof this Part that apply to the particular offensive trade or trades carried on.\n9.9 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.\n9.10 Alterations to Premises\nWhile any premises remain registered under this Division, a person shall not, without the written\npermission of the Council, make or permit any change or alteration whatever to the premises.\n9.11 Occupier Includes Employee\nWhere in any section contained in this Part a duty is imposed upon the occupier of premises in or upon\nwhich an offensive trade is carried on, the reference to the occupier shall be interpreted to include the\nemployees of the occupier and any employee committing a breach of any provision of this Part shall be\nliable to the same penalties as if they were the occupier.\nDivision 2—General Duties of an Occupier\n9.12 Interpretation\n“occupier” 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\n“the premises” means those premises in or upon which an offensive trade is carried on.\n9.13 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, furniture, appliances, machinery, implements, shelves, counters, tables,\nbenches, bins, cabinets, sinks, drain boards, drains, grease traps, tubs, vessels and other things\nused on or in connection with the premises;\n(c) keep the premises free from any unwholesome or offensive odour arising from the premises;\n(d) maintain in a clean and tidy condition all yards, footpaths, passage ways, paved areas, stores\nor outbuildings 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.\n9.14 Rats and other Vectors of Disease\n(a) ensure that the premises are kept free from rodents, cockroaches, flies and other vectors of\ndisease; and\n(b) provide in and on the premises effective means and methods for the eradication and prevention\nof rodents, cockroaches, flies and other vectors of disease.\n9.15 Sanitary Conveniences and Wash Basins\nThe occupier shall provide on the premises in an approved position sufficient sanitary convenience and\nhandbasins, each with an adequate supply of hot and cold water for use by employees and by all other\npersons lawfully upon the premises.\n9.16 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 an\nEnvironmental Health Officer.\n9.17 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 arising\nin any process of his business or from any material, residue or other substance which may be kept or\nstored upon the premises.\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2947\n9.18 Offensive Material\n(a) provide on the premises approved impervious receptacles of sufficient capacity to receive all\noffensive material 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 at such intervals as may be directed by the Principal Environmental Health\nOfficer or an Environmental Health Officer or at such intervals negotiated with the local\ngovernment; and\n(e) cause all receptacles after being emptied to be immediately cleansed and sanitised.\n9.19 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 odour or otherwise and so as to prevent the creation of a nuisance.\n9.20 Specified Offensive Trades\n(1) For the purposes of this section, “specified offensive trade” means one or more of the offensive trades\ncarried on, in or connected with, the following works or premises—\n(a) fish processing establishments (not including retail fish shops);\n(b) fat rendering premises;\n(c) flock factories;\n(d) laundries, dry cleaning premises and dye works;\n(e) manure works.\n(2) Where premises are used for or in relation to a specified offensive trade, the occupier shall-\n(a) cause the floor of the premises to—\n(i) be properly paved and drained with impervious materials;\n(ii) have a smooth surface; and\n(iii) have a fall to a bucket trap or spoon drain in such a way that all liquids falling on the\nfloor shall be conducted by the trap or drain to a drain inlet situated inside the building\nwhere the floor is situated; and\n(b) cause the angles formed by the walls with any other wall, and by the wall with the floor, to be\ncaved to a radius of not less than 25 millimetres.\n(c) cause all liquid refuse to be—\n(i) cooled to a temperature not exceeding 26 degrees Celsius and in accordance with the\nMetropolitan Water Supply, Sewerage and Drainage By-laws 1981 before being\ndischarged into any drain outlet from any part of the premises; and\n(ii) directed through such screening or purifying treatment as the Principal Environmental\nHealth Officer may from time to time direct.\n9.21 Directions\n(1) The Principal Environmental Health Officer may give to the occupier directions to prevent or\ndiminish the offensiveness of a trade or to safeguard the public health.\n(2) The occupier shall comply with any directions given under this section.\n9.22 Other Duties of Occupier\nIn addition to the requirements of this Division, the occupier shall comply with all other requirements\nof this Part that apply to the particular offensive trade or trades carried on.\nDivision 3—Fish Processing Establishments\n9.23 Interpretation\n“appliance” includes a utensil, instrument, cover, container or apparatus;\n“fish” means fresh fish, frozen fish, chilled fish and cooked fish, whether cleaned, uncleaned or\npart cleaned 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 packets\nif they are at all times kept in a deep freeze refrigeration unit at a temperature not\nexceeding minus 15 degrees Celsius;\n“fish processing establishment” does not include a retail fish shop;\n“fish processing” means a process whereby fish are cleaned, part cleaned, scaled or cut up;\n\n","sortOrder":35},{"sectionNumber":"2948","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2948 GOVERNMENT GAZETTE, WA 25 August 2023\n“fish 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,\nused or designed to be used for the transport or storage of fish; and\n“portable box” means a box for the transport or storage of fish and includes a fish transport\nvehicle.\n9.24 Fish Preparation Room\n(1) The occupier of a fish processing establishment shall provide a fish preparation room that shall\ncomply with the following requirements—\n(a) the room shall be provided with a stainless-steel bench for the handling of fish, hand wash\nbasin with hot and cold water and soap and disposable towel dispensers and a cleaner’s sink\nwith hot and cold water;\n(b) the walls shall be constructed of brick or concrete with the internal surface rendered with a\ncement steel float finish or other approved material and shall be devoid of holes, cracks and\ncrevices;\n(c) the floor shall be of concrete with a smooth, durable surface and shall be treated with an\napproved surface hardening process;\n(d) the minimum floor area shall be 16 square metres;\n(e) the room shall be provided with a double bowl stainless steel wash trough of adequate size to\naccommodate the equipment and utensils used on the premises and connected to a piped supply\nof hot and cold water;\n(f) tiling shall be provided above troughs, handwash basins and benches to a height of 450\nmillimetres;\n(g) the room shall be fly-proofed and have a self-closing door; and\n(h) the room shall be provided with ample light and ventilation.\n(2) The occupier shall ensure that all fish are prepared in the fish preparation room and that the room\nis used solely for that purpose.\n9.25 Disposal of Waste\nThe occupier of a fish processing establishment shall cause all offal and wastes, all rejected and\nunsaleable fish and any rubbish or refuse which is likely to be offensive or a nuisance to be—\n(a) placed in the receptacles referred to in section 9.18 and disposed of in accordance with that\nsection; or\n(b) kept in a frozen state in an approved enclosure before its removal from the premises.\n9.26 Fish Containers\nThe occupier of a fish processing establishment shall not allow any box, basket or other container used\nfor the transport 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.\n9.27 Cooking of Fish\nWhere cooking of fish is carried out in a fish processing establishment, the occupier shall provide and\nmaintain—\n(a) a hood as set out in the Australia New Zealand Food Standards Code, which shall be of an\napproved design and construction and so situated as to capture and remove all effluvia, odours\nand smoke from the process of cooking; 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 intakes; and\n(ii) which shall discharge in such manner and in such a position that no nuisance is created.\n9.28 Fly Screening\nThe occupier of a fish processing establishment shall ensure that each window, door way and other\nexternal opening in the premises is protected in such a manner as would exclude, as far as practicable,\nflies and other flying insects.\n9.29 Use of an Approved Portable Box\nThe Principal Environmental Health Officer may permit an approved portable box to be used for the\ntransport or storage of fish.\n9.30 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 wood or metal;\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2949\n(b) all internal surfaces—\n(i) are made of metal or approved impervious plastic substance, which may include stainless\nsteel, aluminum, galvanised iron, zinc anneal, fibre glass, 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 caved with not less than a 25 millimetre radius,\nbut, if all 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 with\na 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 paragraphs\n(a), (b), (c) and (d) of this clause, are close fitting, and have a suitable locking device fitted;\n(f) the vehicle is fitted with shelves and grids, made of impervious material, in such a manner that\nthe shelves and grids may be easily removed;\n(g) any containers used in the vehicle for fish are made of stainless steel, fibre glass or approved\nimpervious plastic; and\n(h) the vehicle is in good repair and condition and is thoroughly clean.\nDivision 4—Fat Rendering Premises\n9.31 Interpretation\n“fat rendering premises” means a premises where edible fats including suet, dripping or premier\njus are rendered down by any heat processing method; and\n“the occupier” means the occupier of any premises on which the trade of fat rendering is carried\non.\n9.32 Exhaust 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 rendering;\nand\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 created.\n9.33 Covering of Apparatus\nExternal parts of the fat rendering apparatus shall be constructed or covered with a smooth,\nnon-corrosive and impervious material, devoid of holes, cracks and crevices.\n9.34 Rendering of Walls\nThe occupier shall cause each wall within a radius of 3 metres of the rendering apparatus or machinery\nto be rendered with a cement plaster with a steel float finish or other approved finish to a height of 2\nmetres, devoid of holes, cracks and crevices.\nDivision 5—Flock Factories\n9.35 Interpretation\n“flock factory” means any premises or place where flock is produced wholly or partly by tearing\nup or teasing, wadding, kapok, rags, cotton, linters, fibre, or other material used or likely to be\nused for the filling of mattresses, pillows, bedding, upholstery, cushions or substances used in\npackaging material or the manufacture of underfelt; and\n“the occupier” means the occupier of a flock factory.\n9.36 New and Used Material\n(1) Subject to subsection (2), the occupier shall not use for the manufacture of flock any material other\nthan new material.\n\n","sortOrder":36},{"sectionNumber":"2950","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2950 GOVERNMENT GAZETTE, WA 25 August 2023\n(2) Material other than new material may be used for the manufacture of flock if, before being used,\nevery part of that material is subjected to moist heat maintained at a temperature of 100 degrees\nCelsius for at least 30 minutes.\n9.37 Collection and Removal of Dust\nThe occupier shall provide effective means to prevent the escape into the open air of all dust or other\nmaterial from the premises.\n9.38 Building Requirements\nThe occupier shall cause each building on the premises to comply with the following requirements -\n(a) the floor shall be of concrete;\n(b) the walls shall be of concrete or brick and shall be finished internally with cement plaster with\na steel float finish or other approved finish to a height of 2 metres; and\n(c) the ceiling or underside of the roof shall be of durable and non-absorbent material finished\ninternally with a smooth surface.\n9.39 Unclean Rags\nA person shall not—\n(a) collect, deliver, offer for sale or sell for the manufacture of flock;\n(b) receive, store or deliver for the manufacture of flock; or\n(c) make flock from,\nrags which are unclean or which have been taken from any refuse or rubbish or from any receptacle or\nother container used for the storage or collection of refuse or rubbish.\n9.40 Bedding and Upholstery\nA person shall not, for the purpose of sale or in the course of any business, remake, renovate, tease, re-\ntease, fill, refill or repair any—\n(a) used bedding; or\n(b) upholstery,\nwhich is unclean, offensive, or infested with vectors of disease, unless the—\n(c) material of which the bedding is made; or\n(d) filling material of which the upholstery is made,\nhas been boiled for 30 minutes or otherwise effectively disinfected and cleaned.\nDivision 6—Laundries, Dry Cleaning Establishments and Dye Works\n9.41 Interpretation\nIn this Division, unless the context otherwise requires\n“dry cleaning establishment” means a premises in which—\n(a) clothes or other articles are cleaned by use of solvents without using 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;\n“dye works” means a place where articles are commercially dyed but does not include dye works\nin which provision is made for the discharge of all liquid waste therefrom, into a public sewer;\n“exempt laundromat” means a premises in which—\n(a) laundering is carried out by members of the public using, on payment of a fee, machines\nor 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;\n“laundromat” means a public place with coin operated washing machines, spin dryers or dry\ncleaning machines; and\n“laundry” means any place where articles are laundered by commercial grade machinery but does\nnot include an exempt laundromat.\n9.42 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 Environmental Health Officer who may at any time by written notice withdraw such\npermission.\n9.43 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\n25 August 2023 GOVERNMENT GAZETTE, WA 2951\n(b) cause such articles as may be directed by an Environmental Health Officer to be thoroughly\ndisinfected to the satisfaction of the officer.\n(2) A person shall not bring or permit food to be brought into the reception room referred to in this\nsection.\n9.44 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 crevices;\n(b) the floor to be impervious, constructed of concrete 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 or be deposited on it.\n9.45 Laundry Floor\nThe occupier of a laundry shall provide in front of each washing machine a non-corrosive grating, with\na width of at least 910 millimetres, so constructed as to prevent any person from standing in water on\nthe floor.\n9.46 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.\n9.47 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 Environmental Health\nOfficer for that purpose.\n9.48 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 cleaned;\nand\n(iii) thoroughly cleaned and disinfected on a regular basis.\n9.49 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 7—Manure Works\n9.50 Interpretation\n“Fertiliser” in this Division means any fertiliser prepared by artificial processes;\n“Manure” in this Division means any manure prepared by natural processes;\n“Manure Works” means any premises upon which animal manure or fertiliser is received, stored,\nor prepared for sale.\n9.51 Storage of Manure\nThe occupier of any manure works shall—\n(a) cause all floors, walls and ceilings in areas where manure or fertiliser is kept or stored, to be\nconstructed of durable, non-absorbent materials, finished internally with a smooth surface;\n(b) cause all manure received or manufactured on the premises to be stored in such a manner as\nwill prevent—\n(i) emission of noxious or offensive odours;\n(ii) breeding of flies and any other vectors of disease; or\n(iii) any other nuisance.\n9.52 Emission of Dust, Offensive Odours and Noxious Effluvia\nThe occupier shall cause every precaution to be taken to prevent at all times emission of dust, offensive\nodours or noxious effluvia, from the premises.\n9.53 Prevention of Nuisances During Transit\nThe occupier shall cause all manure dispatched from the premises to be packed in such a manner as to\nprevent any nuisance arising therefrom during transit.\n\n","sortOrder":37},{"sectionNumber":"2952","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2952 GOVERNMENT GAZETTE, WA 25 August 2023\nPART 10—OFFENCES, PENALTIES, FEES AND EXPENSES\n10.1 Offences\nA person who contravenes a provision of these Local Laws, commits an offence.\n10.2 Penalties\nA person who commits an offence under Section 10.1 is liable to—\n(a) a penalty not exceeding $5,000; and\n(b) if the offence is a continuing offence, a daily penalty not exceeding $500.\n10.3 Fees\nWherever a fee is prescribed by these Local Laws, that fee shall—\n(a) be fixed from time to time by Council pursuant to the provisions of the Local Government\nAct 1995 or Health (Miscellaneous Provisions) Act 1911, unless otherwise prescribed; and\n(b) all fees, except for a transfer fee, shall be pro-rata, calculated on a monthly basis for any period\nto 31 December, each year.\n10.4 Expenses\nAny expense incurred by the local government in consequence of a breach or non-observance of these\nLocal Laws, or in the execution of work directed to be executed by a person and not executed by that\nperson, shall be paid by the person committing the breach or non-observance or failing to execute the\nwork.\nDated 11 August 2023.\nThe Common Seal of the City of Bayswater was hereto affixed by the authority of a resolution of the\nCouncil in the presence of—\nJEREMY EDWARDS, Chief Executive Officer.\nFILOMENA PIFFARETTI, Mayor.\n","sortOrder":38},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":null,"content":"Schedule 1\nAPPLICATION FOR REGISTRATION OF A LODGING HOUSE\nI/We, ..........................................................................................................................................................\n(Full name of Applicant/s)\nOf ..............................................................................................................................................................\napply for the registration of premises situated (or to be situated) at ....................................................\n..................................................................................................................................................................\nas a lodging house to be classified as—\n- a lodging house;\n- a short-term hostel;\n- a recreational campsite; or\n- serviced apartments\n(Specify which is to apply)\nand for my name to be entered in the Register as the keeper of the lodging house.\nDESCRIPTION OF LODGING HOUSE\nNumber of Storeys……………………….\nRooms for private use\nLaundries/toilets/bathrooms\nBedrooms\nDining Rooms\nKitchens\nSitting Room\nOther (Specify)\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2953\nRooms for lodgers\nLaundries/toilets/bathrooms\nBedrooms\nDining Rooms\nKitchens\nSitting Room\nOther (Specify)\nSanitary Conveniences for male lodgers\nToilets\nUrinals\nBaths\nShowers\nHand basins\nSanitary Conveniences for female lodgers\nToilets\nBasins\nShowers\nHand basins\nLaundry Facilities\nCoppers\nWash troughs\nWashing Machines\nDrying cabinets or clines lines\nAdditional Details\n(a) Lodgers’ meals will be provided by the manager/keeper/lodgers.\n(b) The keeper will/will not reside continuously on the premises\n(c) Name and occupation of proposed manager if keeper resides elsewhere ................................\n..................................................................................................................................................................\n(d) ………….family members residing on the premises with the keeper/manager.\nApplication fee of $........is attached.\n·················································································\n…………………………….\n————\n","sortOrder":39},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":null,"content":"Schedule 2\nCERTIFICATE OF REGISTRATION OF A LODGING HOUSE\nTHIS is to certify that the premises situated at.....................................................................................\n..................................................................................................................................................................\nAre registered as a lodging house and classified as—\n- a lodging house\n- a short-term hostel serviced apartments\n\n","sortOrder":40},{"sectionNumber":"2954","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2954 GOVERNMENT GAZETTE, WA 25 August 2023\n- a recreational campsite\nuntil 31 December…………….., on the following conditions—\n1. That …………………………………….., whose name is entered on the register of keepers of the\nCity of Bayswater, continues to be the keeper of the lodging house;\n2. that……………………………………….., appointed by the keeper to be the manager of the\nlodging house, continues to be the manager of the lodging house;\n3. that the Certificate of Registration is not sooner cancelled or revoked;\n4. that the maximum number of rooms to be used as sleeping apartments for lodgers is ……………;\nand\n5. that the maximum number of lodgers accommodated on the premises shall not exceed\n.....................\nThis Certificate of registration is issued subject to the Health Act and Health Local Laws of the City of\nBayswater and is not transferable.\nDated ........................................ .\n……………………………………………………………..\nCity of Bayswater Fee received: $.................................\n————\n","sortOrder":41},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":null,"content":"Schedule 3\nNOTICE OF CHANGE OF OWNER OF A LODGING HOUSE\nTo: Chief Executive Officer City of Bayswater\nI/We, ........................................................................................................................................\n(Full name of Applicant/s)\nof ..............................................................................................................................................\nam/are the new owner/s of premises situated at\n…………………………………………………………………………………………………………..\nwhich are registered in the name of\n…………………………………………………………………………………………………………..\nfor the carrying on of the lodging house business.\n…………………………………………………………\n…………………………………………………………\n————\n","sortOrder":42},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":null,"content":"Schedule 4\nREGISTER OF LODGERS\nLocation of Lodging House: .....................................................................................................................\nDate of Arrival..........................................................................................................................................\nName.........................................................................................................................................................\nPrevious address ......................................................................................................................................\nRoom No: ..................................................................................................................................................\nDate of Departure: ...................................................................................................................................\nSignature: .................................................................................................................................................\nSigned:.......................................................................\n(Keeper)\nDate…………….............\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2955\n","sortOrder":43},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":null,"content":"Schedule 5\nLIST OF LODGERS\nThe Chief Executive Officer\nThe following is the name of every person who resided in the lodging house at ..................................\n..................................................................................................................................................................\non…………….day of …………..year…………………………\nSigned ......................................................................\n(Keeper)\nDate ..........................\n————\n","sortOrder":44},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":null,"content":"Schedule 6\nCERTIFICATE OF SLEEPING ACCOMMODATION\nTo ..............................................................................................................................................................\n(Name of Keeper)\nof ...............................................................................................................................................................\n(Address of Keeper)\nFor the registered lodging house situated at: .........................................................................................\n................................................................................................................................................., can be used as\na sleeping apartment (for sleeping purposes only) to accommodate not more\nthan…………persons at any one time.\n······················································\nENVIRONMENTAL HEALTH OFFICER\nDate ..........................................................\n\n","sortOrder":45},{"sectionNumber":"2956","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2956 GOVERNMENT GAZETTE, WA 25 August 2023\n","sortOrder":46},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":null,"content":"Schedule 7\nCERTIFICATE OF SLEEPING ACCOMMODATION FOR A LODGING HOUSE\nWITH MORE THAN 20 SLEEPING APARTMENTS\nTo ..............................................................................................................................................................\n(Name of Keeper)\nOf ..............................................................................................................................................................\n(Address of Keeper)\nfor the registered lodging house situated at ...........................................................................................\n..................................................................................................................................................................\nThe rooms listed below are not to be occupied by more than the number of lodgers or residents indicated\nbelow.\nRoom Number Maximum Occupancy Room Number Maximum Occupancy\n……………………………………………...\nENVIRONMENTAL HEALTH OFFICER\nDate………………..……………………….\n————\n","sortOrder":47},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":null,"content":"Schedule 8\nAPPLICATION FOR LICENSE OF A MORGUE\nI, ................................................................................................................................................................\n(Full name in Block Letters)\nOf ..............................................................................................................................................................\n..................................................................................................................................................................\n(Full Residential Address)\nApply to licence the premises listed below as a Morgue\nAddress of Premises: ................................................................................................................................\nName of Premises: ...................................................................................................................................\n\n25 August 2023 GOVERNMENT GAZETTE, WA 2957\nDated this……………day of ……………………..year…………………….\n…………………………………………..\n(Signature of Applicant)\n————\n","sortOrder":48},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":null,"content":"Schedule 9\nCERTIFICATE OF LICENCE OF A MORGUE\nThis is to certify the following premises is licenced as a morgue from the 1st January ….....until 31st\nDecember……........\nAddress of premises: ................................................................................................................................\nName of premises:....................................................................................................................................\nDated this …………………. day of ……………………….. year ………………………………….\n…………………………………………………………….\nDate………………………………………………………..\n————\n","sortOrder":49},{"sectionNumber":"Sch 10","sectionType":"schedule","heading":null,"content":"Schedule 10\nAPPLICATION FOR CONSENT TO ESTABLISH AN OFFENSIVE TRADE\nTo: Chief Executive Officer City of Bayswater\nI/We, .........................................................................................................................................................\n(Full Name of Applicant/s)\nOf ..............................................................................................................................................................\napply for consent to establish an offensive trade, being—\n..................................................................................................................................................................\n(Description of Offensive Trade)\nin or upon .................................................................................................................................................\n..................................................................................................................................................................\n(Location of the House or Premises)\nNotice of my/our intention to make this application was advertised in—\n..................................................................................................................................................................\n..................................................................................................................................................................\n..................................................................................................................................................................\non..............................................................................................................................................\n(Date of Advertisement)\nPlans and specifications of the buildings proposed to be used or erected in connection with the proposed\noffensive trade are attached.\n………………………………………...........................\n……………………………………………………………...\n\n","sortOrder":50},{"sectionNumber":"2958","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 August 2023","content":"2958 GOVERNMENT GAZETTE, WA 25 August 2023\n","sortOrder":51},{"sectionNumber":"Sch 11","sectionType":"schedule","heading":null,"content":"Schedule 11\nAPPLICATION FOR REGISTRATION OF PREMISES FOR OFFENSIVE TRADE\nI/We, ..........................................................................................................................................................\n(Full Name of Applicant/s)\nof ...............................................................................................................................................................\napply for registration, for the year ended ...............................................................................................\nof ...............................................................................................................................................................\n(Location of Premises)\nbeing premises in or upon which there is (or is to be) carried on an offensive trade, namely\n..................................................................................................................................................................\n(Description of Offensive Trade)\nunder the business name of .....................................................................................................................\nThe prescribed registration fee of $..................... is attached.\n…………………………………………………………………..\n————\n","sortOrder":52},{"sectionNumber":"Sch 12","sectionType":"schedule","heading":null,"content":"Schedule 12\nCERTIFICATE OF REGISTRATION OF PREMISES FOR OFFENSIVE TRADE\nThis is to certify that the premises situated at\n..................................................................................................................................................................\nof which.....................................................................................................................................................\nis the occupier, is registered for the carrying on of the trade of\n..................................................................................................................................................................\nTrade Name ..............................................................................................................................................\nThis registration expires on 31 December …………………..\nDated this ………… day of ……………….. year ……………\n……………………………………………………………","sortOrder":53}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The local law expressly repeals the City of Bayswater Health Local Laws 2001 (s 1.2) and replaces them with this consolidated instrument. The replacement retains core public‑health controls while adding or restating detailed registration, licensing and technical compliance regimes (notably Parts 8 and 9) and explicit cost‑recovery and penalty mechanisms (see Parts 8–9 and s 10.2). The text therefore reflects an updated and more prescriptive regulatory scope compared with the mere fact of repeal (s 1.2)."},"complexity_factors":["Breadth and volume: comprehensive coverage across sanitation, housing, pest control, infectious disease, lodging houses and offensive trades (Parts 2–9) increases cross‑cutting obligations and compliance paths.","Detailed technical standards and external references: multiple provisions require compliance with Building Code, Australian Standards, Metropolitan Water Supply By‑Laws and specialised regulations (see s 1.3 definitions; ss 2.10, 2.11, 3.6).","Extensive delegated discretion to local officers: the Principal Environmental Health Officer, Environmental Health Officers and the Council can approve, direct, restrict, reduce allowances or revoke registrations (see ss 1.3 definitions; 3.6(4)–(5); 6.4; 8.4; 8.7; 9.6; 9.21).","Multiple registration/licensing and administrative regimes: lodging house registration and renewal (ss 8.2–8.6), morgue licences (s 3.14), offensive trade consent and registration (ss 9.2–9.5) create procedural and record‑keeping burdens.","Enforcement, cost recovery and penalty architecture: local government may carry out work and recover costs (ss 6.5; 7.3; 7.10) and impose penalties up to $5,000 and daily fines up to $500 for continuing offences (s 10.2).","Joint and several duties: duties imposed on “owner or occupier” are joint and several, extending liability and compliance responsibility (s 1.3(2)–(3); repeated throughout Parts 2–9).","Prescriptive operational requirements: specific numeric, spatial and construction standards (e.g. ventilation, room sizes, poultry limits, laundry/water delivery rates) create precise compliance tasks (see ss 3.4–3.6; 5.19–5.21; 8.10–8.12).","Cross‑reference complexity: many clauses operate only when read alongside State Acts, Regulations and external Codes, raising interpretive and implementation burden (see s 1.3 and numerous provisions citing other instruments).","Sanctions plus administrative remedies: the instrument mixes criminal penalties, remedial notices, registration revocation and cost recovery, producing layered compliance risks for affected parties (see ss 7.2–7.4; 8.7; 10.1–10.4).","Operational uncertainty and implementation load: frequent use of officer discretion to set conditions, approve exceptions or require works (e.g. ss 4.4(1); 6.4; 8.32) increases variability in enforcement and planning for businesses and owners."],"plain_english_summary":"These Local Laws set detailed public‑health and sanitation rules for the City of Bayswater. They place duties on owners, occupiers and business operators (including lodging houses and specified trades) to provide and maintain sanitary facilities, control pests and infectious risks, register or licence certain premises, and allow Environmental Health Officers and the Council to inspect, issue directions, recover costs and impose fines."},"summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"This local law repeals and replaces the City of Bayswater Health Local Laws 2001, consolidating and updating health and sanitation requirements for the district."},"complexity_factors":["Covers numerous distinct subject areas (sanitation, housing, waste, nuisances, animals, pests, infectious diseases, lodging houses, offensive trades) within a single instrument.","Contains detailed technical specifications and cross-references to external Acts, Building Code, Australian Standards and other regulations.","Imposes obligations on both owners and occupiers, with joint and several liability in some cases.","Includes schedules with forms for applications, certificates and registers.","Empowers officers to issue directions, carry out work and recover costs, with appeal and compensation limitations."],"plain_english_summary":"This local law establishes city-wide public health and sanitation rules for the City of Bayswater, replacing the 2001 rules. It regulates premises maintenance, waste and pest control, lodging houses and offensive trades, and gives Environmental Health Officers powers to inspect, direct remedial action and manage infectious risks.\n\nOwners, occupiers, managers, businesses and anyone keeping animals or running lodging/offensive trades in Bayswater must comply or face fines, daily penalties and cost recovery for council-ordered work."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3049},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This legislation consolidates and replaces the City of Bayswater's Health Local Laws 2001. While it modernizes provisions (for example, adding specific rules for short-term hostels and car park ventilation), it maintains the traditional scope of municipal public health regulation—covering sanitation, housing standards, waste management, pest control, lodging house registration and 'offensive trades'—consistent with the original intent of protecting public health under the Health (Miscellaneous Provisions) Act 1911 and Local Government Act 1995."},"complexity_factors":["Length and structure: 10 Parts containing 32 Divisions with approximately 130 sections and 12 Schedules of forms, spanning roughly 50 pages of dense text","Defined terms: Over 20 separate interpretation sections (e.g., sections 1.3, 2.1, 4.1, 5.1, 5.18, 6.1, 8.1) with specialized definitions that vary between Parts","Extensive cross-referencing: References to external legislation (Local Government Act 1995, Health Act 1911, Building Code), Australian Standards (AS 1668.2, AS 3500, AS 1530), and internal cross-references between Parts (e.g., section 3.3 referring to Part 8)","Technical specifications: High volume of numerical requirements including exact measurements (e.g., 0.015m² ventilation, 75°C hot water, 15m distances for stables, 14m³ air space per person), flow rates (4.56 litres/minute), and construction standards","Nested conditional logic: Multiple layers of exceptions and qualifications (e.g., section 5.12 prohibiting animal slaughter with three specific exemptions; section 5.19 with tiered poultry limits based on land size and membership status)","Prescriptive operational requirements: Detailed step-by-step mandates for specific activities (e.g., transport of butchers' waste in section 4.13, fish processing room specifications in section 9.24, car park ventilation in section 5.26)"],"plain_english_summary":"This is a **local law** (a type of regulation made by a local council) for the City of Bayswater in Western Australia. It replaces the council’s 2001 health laws and sets out public health rules to keep the community safe and prevent nuisances.\n\n**What it covers:**\n\n**• Housing Standards**\nEvery home must have working toilets, bathrooms, kitchens and laundries that meet specific size, ventilation and construction rules. Owners must maintain roofs, gutters and walls in good repair. There are strict rules against overcrowding (minimum air space per person) and using garages or sheds as bedrooms.\n\n**• Waste and Sanitation**\nThe law controls how rubbish and liquid waste (like air-conditioner runoff or pool water) is stored, collected and disposed of. Building sites must keep bins and keep the streets clean. You generally cannot burn rubbish without approval.\n\n**• Pest Control**\nProperty owners must take active steps to control pests. This includes covering rubbish to prevent flies, draining stagnant water to stop mosquitoes, using rodent-proof bins, and following specific rules if you keep bees, pigeons or poultry (chickens). There are strict limits on how many chickens you can keep based on your block size, and **roosters are banned** on residential lots.\n\n**• Lodging Houses (Hostels & Boarding Houses)**\nAnyone running a hostel, backpackers, or boarding house must register with the council annually. These businesses must meet detailed construction and management rules—such as providing specific numbers of toilets, showers, laundry facilities and fire safety equipment per guest.\n\n**• Offensive Trades**\nBusinesses that could create smells or health hazards—such as fish processors, fat renderers, tanneries, manure works and commercial laundries—need council consent and registration. They must follow strict hygiene, ventilation and waste disposal rules.\n\n**• Infectious Diseases**\nCouncil Environmental Health Officers have powers to enter and inspect properties, order cleaning or disinfection, quarantine infected houses, and control the disposal of bodies or infected animals during disease outbreaks.\n\n**• Animal Keeping**\nSeparate rules cover keeping large animals (horses, cows—requires approval), poultry (limits based on land size), pigeons (registration required for large numbers) and bees (maximum 2 hives without approval).\n\n**Who it affects:** Property owners, tenants, builders, businesses in \"offensive trades,\" lodging house operators, and anyone keeping animals or birds."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-bayswater-health-local-law-2023","history":"/api/acts/city-of-bayswater-health-local-law-2023/history","analysis":"/api/acts/city-of-bayswater-health-local-law-2023/analysis","conflicts":"/api/acts/city-of-bayswater-health-local-law-2023/conflicts","importantCases":"/api/acts/city-of-bayswater-health-local-law-2023/important-cases","documents":"/api/acts/city-of-bayswater-health-local-law-2023/documents"}}