{"id":"wa-local:kwinana-city-of-city-of-kwinana-animal-environment-and-amenity-local-law-2024","name":"City of Kwinana Animal, Environment and Amenity Local Law 2024","slug":"city-of-kwinana-animal-environment-and-amenity-local-law-2024","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438365,"registerId":"wa-local:kwinana-city-of-city-of-kwinana-animal-environment-and-amenity-local-law-2024-pdf-1775954823671","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"City of Kwinana Animal, Environment and Amenity Local Law 2024","content":"2475\nISSN 2204-4264 (online)\nPERTH, MONDAY, 14 OCTOBER 2024 No. 126 SPECIAL\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nLOCAL GOVERNMENT ACT 1995\n_________\nCITY OF KWINANA\n———————————\nANIMAL, ENVIRONMENT AND\nAMENITY LOCAL LAW 2024\n\n\n\n14 October 2024 GOVERNMENT GAZETTE, WA 2477\nLOCAL GOVERNMENT ACT 1995\nCITY OF KWINANA\nANIMAL, ENVIRONMENT AND AMENITY LOCAL LAW 2024\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Repeal\n1.4 Application\n1.5 Definitions\nPART 2—KEEPING OF ANIMALS\nDivision 1– Keeping of animals\n2.1 Cleanliness\n2.2 Disposal of dead animals\nDivision 2—Keeping of farm animals\n2.3 Keeping of farm animals\n2.4 Keeping of pigs\n2.5 Conditions for keeping farm animals\n2.6 Requirements for farm animal shelters\n2.7 Slaughter of farm animals\nDivision 3—Keeping of horses\n2.8 Keeping of horses\n2.9 Requirements for construction of stable, stable shelter, paddock, yards, training/walking rings\nand associated buildings or facilities\n2.10 Maintenance\n2.11 Waste and manure management\nDivision 4—Keeping of poultry, pigeons and birds\n2.12 Keeping of poultry and pigeons\n2.13 Requirements for keeping of poultry\n2.14 Requirement for keeping of pigeons\n2.15 Roosters, geese, turkeys and peafowl\n2.16 Requirements for keeping of aviary birds\n2.17 Nuisance caused by birds or poultry\n2.18 Restrictions on feeding of uncaged birds\n2.19 Restrictions on pigeons nesting or perching\n2.20 Application for approval for keeping of poultry or pigeons contrary to clause 2.12(1)(a) and\n2.12(1)(b)\nDivision 5—Keeping of bees\n2.21 Keeping of bees\n2.22 Requirements for keeping of bees\n2.23 Nuisance caused by bees\n2.24 Application for approval for keeping of more than two bee hives\nDivision 6—Previous approvals\n2.25 Previous approvals by local government\nPART 3—VERMIN CONTROL\nDivision 1—Mosquitoes\n3.1 Mosquito control\nDivision 2—Rodents\n3.2 Measures to be taken to eradicate rodents\nDivision 3—Cockroaches\n3.3 Measures to be taken to eradicate cockroaches\nPART 4—NUISANCES\nDivision 1—Amusements\n4.1 Operation of amusements\n\n2478 GOVERNMENT GAZETTE, WA 14 October 2024Division 2—Light\n4.2 Emission or reflection of light\n4.3 Use of exterior lighting\n4.4 Notice\nDivision 3—Smoke, fumes, odours, and other emissions\n4.5 Burning rubbish, refuse or other material\n4.6 Escape of smoke, fumes, odours, and other emissions\nPART 5—UNSIGHTLY LAND AND DISUSED MATERIALS\n5.1 Removal of refuse and disused materials\n5.2 Removal of unsightly overgrowth of vegetation\n5.3 Fencing unsightly land\n5.4 Storage of vehicles and machinery\nPART 6—STORMWATER AND WASTEWATER MANAGEMENT\n6.1 Containment of stormwater, rainwater, and wastewater\n6.2 Containment and disposal of swimming pool and other wastewater\nPART 7—HAZARDOUS MATERIALS\n7.1 Hazardous plants and trees\n7.2 Cyclonic activities or severe weather conditions\nPART 8—BUILDING, DEVELOPMENT AND LAND CARE\nDivision 1—Litter and refuse on building sites, development sites and demolition sites\n8.1 Provision of refuse and recycling receptacles\n8.2 Requirements to control refuse and recycling waste\nDivision 2—Prevention of dust and liquid waste\n8.3 Containment of dust and liquid waste\nPART 9—OBJECTIONS AND APPEALS\n9.1 Objections and appeals\nPART 10—ENFORCEMENT\nDivision 1—Notices given under this local law\n10.1 Notice of Breach\nDivision 2—Offences and penalties\nSubdivision 1—General\n10.2 Offences and penalties\nSubdivision 2—Infringement notices and modified penalties\n10.3 Prescribed offences\n10.4 Form of infringement notices\nSCHEDULE 1—PRESCRIBED OFFENCES\nSCHEDULE 2—MATERIALS NOT TO BE SET ON FIRE OR TO BE BURNT\n\n14 October 2024 GOVERNMENT GAZETTE, WA 2479\nLOCAL GOVERNMENT ACT 1995\nCITY OF KWINANA\nANIMAL, ENVIRONMENT AND AMENITY LOCAL LAW 2024\nUnder the powers conferred on it by the\nLocal Government Act 1995 and all other powers enabling it,\nthe Council of the City of Kwinana resolved on 25 September 2024 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis Local Law may be cited as the\nCity of Kwinana Animal, Environment and Amenity Local Law\n2024.\n1.2 Commencement\nThis local law comes into operation 14 days after the day on which it is published in the\nGovernment\nGazette.\n1.3 Repeal\n(1) The\nTown of Kwinana By–Law No. 29(B) Relating to the Keeping of Pigeons published in the\nGovernment Gazette on 12 November 1996 is repealed.\n(2) The\nTown of Kwinana Piggeries By–Laws published in the\nGovernment Gazette on 9 September\n1983 is repealed.\n(3) The\nTown of Kwinana Health (Keeping of Horses and Equine Premises) Local Laws 1997 published\nin the\nGovernment Gazette on 11 February 1998 is repealed.\n(4) The\nTown of Kwinana Urban Environment and Nuisance Local Law 2003 published in the\nGovernment Gazette on 18 July 2003 and amended from time to time is repealed.\n(5) The\nTown of Kwinana Bee Keeping Local Law 2002 published in the\nGovernment Gazette on 7 May\n2002 is repealed.\n(6) The following parts of the\nTown of Kwinana Health By–Law 1963 published in the\nGovernment\nGazette on 28 February 1964 and amended from time to time, are repealed—\n(a) Part I General Sanitary Provisions by-laws 1 to 1B, 2, 4A, 4AB to 4AF, 5 to 35aA, 36 to 68 and\nSchedule A;\n(b) Part II Infectious Diseases;\n(c) Part III Private Hospitals;\n(d) Part IV Dairies and Milk Shops;\n(e) Part VII Food;\n(f) Part VIII Barbers Shops and Hairdressing Establishments; and\n(g) Part IX Offensive Trades.\n1.4 Application\nThis local law applies throughout the district.\n1.5 Definitions\n(1) In this local law unless the context specifies otherwise—\nAct means the\nLocal Government Act 1995;\naffiliated person means a person that is a member of a pigeon or poultry association, which is an\nincorporated body under the\nAssociations Incorporation Act 2015;\namusement means entertainment provided by equipment operated for hire or reward which\nprovides entertainment or amusement through movement of the equipment, or part of the\nequipment, or when passengers travel on, around or along the equipment or move the\nequipment through self-powered motion;\nassociated building or facilities includes a feed room, gear room, shoeing area, hosing down\narea, lunging yard, rolling yard, veterinary treatment area, and a vehicle and float storage area\nused in the keeping, caring or management of horses;\nauthorisation includes a permit or approval granted under this local law;\nauthorised person means a person authorised by the CEO of the local government, under section\n9.10 of the Act to administer or enforce this local law;\naviary bird means any bird kept or usually kept in an aviary, cage or enclosure other than poultry\nor pigeons;\nbeehive means a movable or fixed structure, container or object which contains a bees nest and in\nwhich bees are kept;\nbuilding site means any land for which a building permit issued under\nBuilding Act 2011 is\ncurrent and upon which building work has commenced;\n\n2480 GOVERNMENT GAZETTE, WA 14 October 2024\nCEO means the Chief Executive Officer of the local government;\nCode of Practice means the\nCode of Practice for Pigeon Keeping and Racing in Western Australia,\nadministered by the Department of Primary Industries and Regional Development/Agriculture\nand Food, as amended from time to time, in conjunction with the Pigeon Racing Federation WA\nInc. and the Independent Racing Pigeon Federation Inc.;\ndemolition site means any land for which a demolition permit issued under the\nBuilding Act 2011\nis current and upon which the demolition work has commenced;\ndevelopment has the meaning given to it in the\nPlanning and Development Act 2005;\ndevelopment site includes any land for which there is a current development or subdivision\napproval, and any land upon which, construction work, earthworks, clearing of scrub, trees or\novergrowth or any other site works are taking or have taken place, whether or not such works\nare subject to a development or subdivision approval;\ndistrict means the district of the local government;\ndust means any visible granular or particulate material which has or has the potential to become\nairborne and includes organic and non-organic matter and sand, but does not include smoke;\ndwelling means a building or portion of a building being used, adapted or designed, or intended to\nbe used, for the purpose of human habitation;\nEnvironmental Management Guidelines means the Environmental Management Guidelines\nfor Horse Facilities and Activities (Water Quality Protection Guideline 13), administered by\nthe Department of Water and Environmental Regulation, as amended from time to time;\nfarm animal includes cow, sheep, goat, pig or other hoofed mammal, excluding a horse;\nfood business has the meaning given to it by the\nFood Act 2008;\nhorse includes any animal of the\nEquidae family, including a horse, ass, mule, donkey or pony;\nJandakot UWPCA means the Jandakot Underground Water Pollution Control Area, a gazetted\npublic drinking water source area under the\nMetropolitan Water Supply, Sewerage and\nDrainage Act 1909;\nland has the meaning given in clause 7 of the\nProperty Law Act 1969. That definition includes a\nbuilding or part of a building;\nliquid waste means waste from any process or activity, whether useful or useless, that is in liquid\nform and includes paint, fuel, grease, fat, oil, degreaser solvent, detergent, chemical, animal\nwaste, food waste, effluent and all discharges of liquid to land, air or water that are not\notherwise authorised by a written law but does not include uncontaminated stormwater;\nlivestock means a farm animal;\nlocal government means the City of Kwinana;\nlocal planning scheme has the meaning given to it made by the local government under the\nPlanning and Development Act 2005;\nmanure receptacle means a receptacle, of sufficient capacity to receive all manure produced in\none week on land upon which a farm animal or farm animals, a horse or horses are kept,\nconstructed of smooth, durable, impervious materials, fitted with a fly proof, hinged cover and\nwith no part of the floor lower than the adjoining ground;\nmosquito means any of the two-winged insect constituting the family\nDiptera Culicidae and\ncommonly known as mosquito;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land affected\nby the interference;\noccupier has the same meaning as in the Act;\nowner has the same meaning as in the Act;\npigeon includes homing pigeons and other domesticated breeds of the family\nColumba, but does\nnot include native pigeons or doves whether or not the keeping of such birds is subject to the\napproval of the Department of Biodiversity, Conservation and Attractions;\npoultry includes fowls, roosters, ducks, peafowls, turkeys, geese, guinea fowls, pheasants and\nother birds commonly kept for the production of eggs or meat for domestic consumption;\nrefuse includes bricks, lime, cement, concrete, rubble, stones, iron, timber, tiles, bags, plastics,\nashes, vegetation, wood or metal shavings, sawdust, and waste food, and includes any broken,\nused, derelict or discarded matter whatsoever, whether of the same type as, or a different type\nfrom, those mentioned here;\n\n14 October 2024 GOVERNMENT GAZETTE, WA 2481\nrecycling means—\n(a) paper and cardboard;\n(b) plastic containers comprised of polyethylene terephthalate or high-density polyethylene;\n(c) glass containers;\n(d) steel containers;\n(e) aluminium containers;\n(f) liquid paper board; and\n(g) any other waste determined by the local government to be recycling waste;\nRegulations means the\nLocal Government (Functions and General) Regulations 1996;\nresidential zone includes any land zoned Residential or Special Residential under a local\nplanning scheme;\nrodents means those mammals belonging to the order\nRodentia and includes rats and mice, but\ndoes not include mammals of that species kept as pets in an enclosure designed for the purpose\nof keeping pets;\nrural zone means any land zoned Rural or Special Rural or otherwise zoned for rural purposes\nunder a local planning scheme;\nsand means granules or particles of rock, earth, clay, loam, silt and any other granular, particulate\nor like material, and includes dust and gravel;\nslaughter means to kill an animal for food;\nstable means any building used for the keeping, breeding, caring, feeding and rearing of horses;\nstable shelter in relation to stabling of horses means a three or four walled and fully roofed\nstructure with or without a concrete floor provided for the substantial protection of horses from\ninclement weather that is provided and approved in lieu of a stable;\nStocking Rate Guidelines means the Stocking Rate Guidelines For Rural Small Holdings, Swan\nCoastal Plain and Darling Scarp and surrounds, Western Australia Plain and Darling Scarp\nand surrounds, Western Australia, administered by the Department of Primary Industries and\nRegional Development, as amended from time to time;\nstormwater means any naturally occurring water that results from rainfall on or around a site,\nor water flowing onto the site;\nstreet means any highway or thoroughfare which the public are entitled to use, and includes every\npart of the highway or thoroughfare, including the verge and other things including bridges\nand culverts appurtenant to it;\nunreasonable noise has the meaning given to it by the\nEnvironmental Protection Act 1986;\nvermin includes rats, mice, flies, fleas, mites, lice, cockroaches and any other animal, whether\nvertebrate or invertebrate, which is known to be a vector of disease or is likely to cause damage\nto human food, habitation or possessions;\nwater resources includes watercourses, waterways and their estuaries, inlets and floodplains,\nwetlands, groundwater, surface water, stormwater and drainage.\n(2) Any word or term used in this local law that is not defined in subclause (1) shall have the meaning\ngiven to it in the Act.\n(3) Where under this local law the local government is authorised to carry out actions or cause works\nto be undertaken as a consequence of the failure of any person to comply with the terms of a notice\nor other conduct, the right to enter land is at all times subject to the provisions of Part 3, Division\n3, Subdivision 3 of the Act.\n(4) Where, in this local law, a duty or liability is imposed on an owner or occupier, or on an owner and\noccupier, the duty or liability is taken to be imposed jointly and severally on each of the owners or\noccupiers.\nPART 2—KEEPING OF ANIMALS\nDivision 1– Keeping of animals\n2.1 Cleanliness\n(1) An owner or occupier of land on which an animal is kept shall keep such land—\n(a) free from excrement, filth, food waste and all other matter which causes, or is likely to cause a\nnuisance, become offensive or injurious to health or to attract vermin; and\n(b) so far as possible, free from flies or other vermin, by spraying with a residual insecticide or\nother effective means.\n(2) When directed by an authorised officer, an owner or occupier of land upon which an animal is kept\nshall clean and disinfect any portion of such land.\n\n2482 GOVERNMENT GAZETTE, WA 14 October 2024\n2.2 Disposal of dead animals\n(1) An owner or occupier of land, other than a veterinary practice, on which there is a dead animal,\nmust dispose of the dead animal—\n(a) as soon as practicable; and\n(b) in a manner that does not\n(i) create a nuisance;\n(ii) become offensive; or\n(iii) attract vermin.\n(2) A dead animal must not be disposed of within 100 metres of any water resources or within the\nJandakot UWPCA.\nDivision 2—Keeping of farm animals\n2.3 Keeping of farm animals\nAn owner or occupier of land in a residential zone shall not keep, or permit to be kept, any farm animals\non such land.\n2.4 Keeping of pigs\nAn owner or occupier of land shall not keep any pig—\n(a) within a residential zone; or\n(b) within the Jandakot UWPCA.\n2.5 Conditions for keeping farm animals\nThe owner or occupier of land upon which farm animals are kept shall ensure—\n(a) all farm animals are prevented from approaching within 18 metres of any dwelling, public\nbuilding, building used for commercial purposes or food business;\n(b) that the land on which the farm animals are enclosed is fenced or walled in a manner capable\nof confining such animals and, having regard to the species, age, size and condition of the\nanimals, capable of preventing the animals from escaping; and\n(c) such animals are kept in accordance with the provisions of any local planning scheme\napplicable to that zone.\n2.6 Requirements for farm animal shelters\nThe owner or occupier of land on which farm animals are kept shall ensure that any stable, enclosure\nor shelter provided for the keeping of farm animals is—\n(a) not situated within 18 metres of any dwelling, public building, building used for commercial\npurposes or food business; and\n(b) maintained in a manner so as to provide adequate shelter, drainage and ventilation.\n2.7 Slaughter of farm animals\n(1) Subject to subclause (2), a person shall not slaughter any farm animal on any land.\n(2) Subclause (1) does not apply to euthanasia of animals by veterinarians, abattoirs, animal food\nprocessing premises, vermin control or any premises approved for slaughtering purposes.\nDivision 3—Keeping of horses\n2.8 Keeping of horses\nAn owner or occupier of land shall not keep, or permit to be kept, any horse—\n(a) on land other than within a rural zone; and\n(b) contrary to the provisions of any local planning scheme applicable.\n2.9 Requirements for construction of stable, stable shelter, paddock, yards,\ntraining/walking rings and associated buildings or facilities\n(1) Any stable or stable shelter shall not be situated within—\n(a) 18 metres of any dwelling, building used for commercial purposes or food business on an\nadjacent lot;\n(b) 9 metres of any dwelling, building used for commercial purposes or food business within the\nsame lot;\n(c) a 30 metre radius of any private bore, well or dam;\n(d) 18 metres from the property boundary; and\n(e) 9 metres of any street in the case of a corner site.\n(2) Any stable or stable shelter situated within the Jandakot UWPCA are to be in accordance with the\nrequirements of Environmental Management Guidelines.\n(3) Any stable or stable shelter shall—\n(a) have a separate stall for each horse in accordance with subclause (4);\n(b) have each wall and roof constructed of an impervious material;\n\n14 October 2024 GOVERNMENT GAZETTE, WA 2483\n(c) have on all sides of the building between the top of the wall and the roof a clear opening of at\nleast 150 millimetres in height, unless otherwise approved by the local government; and\n(d) have walls that are not less than 3 metres in height and in length.\n(4) Subject to subclause (5), a stable must have—\n(a) a roof that covers the entire floor area of the stall; and\n(b) a floor with an upper surface that—\n(i) is raised at least 75 millimetres above the surface of the surrounding ground;\n(ii) is constructed of cement, concrete or other similar impervious materials;\n(iii) has an adequate fall to a drain which shall empty into a trapped gully situated outside\nthe stable that discharges to sewer or an approved effluent disposal system; and\n(iv) has an area of not less than 12 square metres for each stall.\n(5) A stable or stable shelter constructed with a sand floor shall be constructed as follows—\n(a) the site must be well drained with the highest known water table no closer than 2 metres to\nthe sand floor level which may be achieved artificially;\n(b) the footings to each stable are to be a minimum of 450 millimetres below ground level;\n(c) the roof is to be not less than 50% of the floor area; and\n(d) in all other respects, the requirements of subclause (3) apply to the stable building.\n(6) Any associated building or facility shall not be closer than 9 metres to any dwelling.\n(7) Any paddock, yards or training/walking rings shall not be situated within—\n(a) 18 metres of any dwelling, building used for commercial purposes or food business on an\nadjacent land;\n(b) 9 metres of any dwelling, building used for commercial purposes or food business within the\nsame land;\n(c) a 30 metre radius of any private bore, well or dam; and\n(d) the minimum buffer distances set within the Environmental Management Guidelines for land\nsituated within the Jandakot UWPCA.\n2.10 Maintenance\nThe owner or occupier of land where any horse is kept shall—\n(a) ensure that stables, stable shelters and any associated building or facilities are—\n(i) maintained in good working order;\n(ii) in sound, weatherproof condition; and\n(iii) are fit for use,\nincluding but not limited to their roofs, walls, floors, guttering, downpipes (including on-site\nstorm water disposal systems), doors and windows.\n(b) maintain fences, railings and gates in the stables, stable shelters, paddocks, yards,\ntraining/walking rings in good working order and repair; and\n(c) ensure any paddock is fenced or walled in a manner capable of confining any horse contained\ntherein.\n2.11 Waste and manure management\nThe owner or occupier of land where any horse is kept shall ensure that—\n(a) no manure receptacle is situated closer than 10 metres from any dwelling on an adjacent\nproperty;\n(b) waste and manure are not permitted to accumulate unless stored or treated so as not to create\na nuisance, become offensive or injurious to health or attract vermin; and\n(c) manure is managed in accordance with the planning approval under the under the local\nplanning scheme.\nDivision 4—Keeping of poultry, pigeons and birds\n2.12 Keeping of poultry and pigeons\n(1) Subject to subclause (2), an owner or occupier of land must not keep or permit to be kept on such\nland—\n(a) more than 10 poultry or pigeons in a residential zone; or\n(b) more than 25 poultry or 50 pigeons in a rural zone without the approval of the local government\nin accordance with clause 2.20.\n(2) Subclause (1) shall not apply to premises approved by the local government for veterinary purposes\nor intensive agriculture.\n2.13 Requirements for keeping of poultry\nAn owner or occupier of land upon which poultry are kept, other than for veterinary purposes or\nintensive agriculture, must ensure that—\n(a) all poultry are kept in a properly constructed and securely fastened enclosure;\n(b) poultry are prevented from approaching within 9 metres of a street, or any dwelling on any\nother lot, or land used for public building or commercial purposes or food business;\n\n2484 GOVERNMENT GAZETTE, WA 14 October 2024\n(c) the enclosure is kept in clean condition and in good repair at all times; and\n(d) effective measures are taken to control vermin and eradicate offensive odours.\n2.14 Requirement for keeping of pigeons\n(1) An owner or occupier of land upon which pigeons are kept shall ensure that—\n(a) all pigeons are kept in a properly constructed enclosure and confined in that enclosure except\nwhere registered homing pigeons are freed for exercise;\n(b) no opening to an enclosure, including openings for ventilation, is within 9 metres of any street,\ndwelling, public building, building used for commercial purposes or food business; and\n(c) the enclosure is kept in a clean condition and in good repair at all times, with effective measures\ntaken to control vermin and eradicate offensive odours.\n(2) An affiliated person shall ensure that all pigeons are kept in accordance with the Code of Practice\nfor Pigeon Keeping and Racing in Australia and subject to the provisions of this local law.\n2.15 Roosters, geese, turkeys and peafowl\nOther than land within a rural zone, an owner or occupier of land must not keep or permit to be kept,\nany—\n(a) roosters;\n(b) geese;\n(c) turkeys; or\n(d) peafowl.\n2.16 Requirements for keeping of aviary birds\nAn owner or occupier of land shall ensure that any enclosure used for the keeping of aviary birds is—\n(a) of sound, weatherproof construction as follows—\n(i) the framework and roost are to be smooth sealed timber or metal;\n(ii) the walls and roof are to be constructed of galvanised iron or other approved material;\nand\n(iii) the floor is to be constructed in a manner that facilitates the hygienic removal of waste\nmatter, husks, seeds, feathers, dead birds and faecal matter;\n(b) kept in clean condition and good repair at all times; and\n(c) kept at least 5 metres from any premises on any other land.\n2.17 Nuisance caused by birds or poultry\nAn owner or occupier of land shall not keep any bird or poultry which—\n(a) causes, or is likely to cause a nuisance; or\n(b) emits an unreasonable noise.\n2.18 Restrictions on feeding of uncaged birds\n(1) A person shall not feed or permit the feeding of any uncaged bird unless otherwise approved by the\nlocal government.\n(2) Where an authorised person is satisfied that a person has not complied with subclause (1) the\nauthorised person may serve the person a notice of breach requiring the person to clean up and\nproperly dispose of any feed or waste products specified in the notice.\n(3) Where approval has been given by the local government to feed or permit the feeding of any uncaged\nbird, the approval can be withdrawn by the local government in the event that—\n(a) the holder does not comply or cause compliance with the conditions;\n(b) there is a change in the circumstances upon which the approval was granted; or\n(c) the feeding or permission to feed any uncaged bird causes a nuisance.\n2.19 Restrictions on pigeons nesting or perching\nAn authorised person may order an owner or occupier of land on which pigeons nest or perch, to take\nadequate steps to prevent them from continuing to do so.\n2.20 Application for approval for keeping of poultry or pigeons contrary to clause\n2.12(1)(b)\n(1) An owner or occupier of land may apply in writing to the local government for approval to keep\npoultry or pigeons otherwise than in accordance with clause 2.12(1)(b).\n(2) An application to the local government for approval pursuant to subclause (1) is to include—\n(a) a statement outlining the reasons why approval is sought;\n(b) the number of poultry or pigeons proposed to be kept;\n(c) a site plan showing land size, location of enclosure, the distance of the enclosure from any\nboundaries and buildings on adjoining land and any nearby water resources;\n(d) where applicable, proof affiliation to a poultry or pigeon keeping association;\n(e) proof of registration as a livestock owner where required by the\nAgriculture Management\n(Identification and Movement of Stock and Apiaries) Regulations 2013; and\n(f) any fee determined by the local government.\n\n14 October 2024 GOVERNMENT GAZETTE, WA 2485\n(3) Prior to determining an application for approval, the local government may seek and consider the\nviews and concerns of any owner or occupier of an adjoining property.\n(4) The local government may grant approval of an application pursuant to subclause (1), with or\nwithout conditions, or refuse to grant approval.\n(5) Where an approval pursuant to subclause (1) is granted subject to conditions, the holder of the\napproval shall comply with those conditions.\n(6) A grant of approval is personal to the applicant and applies only to the land described in the\napproval.\n(7) The applicant shall notify the local government of any change in the circumstances on which the\ngrant of an approval was based as soon as any change occurs.\n(8) An approval can be cancelled by the local government in the event that—\n(a) the holder does not comply with any conditions set by the local government;\n(b) there is a change in the circumstances upon which the approval was granted; or\n(c) the granting of the approval causes a nuisance in the opinion of the local government.\nDivision 5—Keeping of bees\n2.21 Keeping of bees\nAn owner or occupier of land shall not keep, or permit to be kept, bees in more than two bee hives,\nunless approval is granted by the local government in accordance with clause 2.24.\n2.22 Requirements for keeping of bees\nAn owner or occupier of land shall not keep, or permit to be kept, bees in any beehive unless—\n(a) a good and sufficient water supply is located on the land which is readily accessible by the bees\nsituated at distance of less than 5 metres from the hive;\n(b) a screen or other barrier prevents the bees flying low over a street, public place or adjoining\nland;\n(c) each beehive is kept as follows—\n(i) at least 9 metres from any building on any other land;\n(ii) at least 9 metres from any footpath, street, private street or public place;\n(iii) at least 5 metres from the boundary of the land; and\n(d) where required, the owner or occupier is registered under the\nAgriculture Management\n(Identification and Movement of Stock and Apiaries) Regulations 2013.\n2.23 Nuisance caused by bees\nA person shall not keep, or allow bees or beehives to be kept, on land so as to create a nuisance.\n2.24 Application for approval for keeping of more than two bee hives\n(1) An owner or occupier of land may apply in writing to the local government for approval to keep\nmore than two bee hives on such land.\n(2) An application for approval should include—\n(a) a statement outlining the reasons why an approval is sought;\n(b) the number of bee hives proposed to be kept;\n(c) a site plan showing land size, the location of bee hives, and the distance of the enclosure from\nany boundaries and buildings on adjoining land;\n(d) where required, proof of registration as a beekeeper under the\nAgriculture Management\n(Identification and Movement of Stock and Apiaries) Regulations 2013; and\n(e) payment of any fee determined by the local government.\n(3) Prior to determining an application, the local government may seek and consider the views and\nconcerns of the owners and occupiers of adjoining land.\n(4) The local government may grant approval, with or without conditions, or refuse to grant approval.\n(5) Where approval is granted subject to conditions, the holder of the approval shall comply with those\nconditions.\n(6) A grant of approval is personal to the applicant and applies only to the land described in the\napproval.\n(7) The applicant shall notify the local government of any change in the circumstances on which the\napproval was based as soon as any change occurs.\n(8) An approval can be cancelled by the local government in the event that—\n(a) the holder does not comply with the conditions of approval;\n(b) there is a change in the circumstances upon which the approval was granted; or\n(c) the granting of the approval causes a nuisance.\n\n2486 GOVERNMENT GAZETTE, WA 14 October 2024\nDivision 6—Previous approvals\n2.25 Previous approvals by local government\n(1) Every registration or approval granted by the local government relating to the keeping of poultry,\npigeons, pigs, horses and bees under the former provisions and in force immediately before the\ncommencement of local laws, has effect as if granted under this local law and notwithstanding any\nof the provisions in this local law, may be renewed or transferred, on application made under this\nlocal law, at the discretion of the local government subject to such conditions or restrictions, if any,\nthat the local government may deem necessary to impose.\n(2) In clause 2.25(1), “former provisions” means the\nTown of Kwinana Health (Keeping of Horses and\nEquine Premises) Local Laws 1997,\nTown of Kwinana Bee Keeping Local Law 2002,\nTown of\nKwinana Bee Keeping Local Law 2002,\nTown of Kwinana Piggeries By–laws,\nTown of Kwinana\nBy–Law No. 29(B),\nRelating to the Keeping of Pigeons or Town of Kwinana Health By–Law 1963\nas repealed.\nPART 3—VERMIN CONTROL\nDivision 1—Mosquitoes\n3.1 Mosquito control\n(1) An owner or occupier of land must keep the land free of water located so as to be, or be liable to\nbecome, a breeding place for mosquitoes.\n(2) An authorised person may order an owner or occupier of land to take adequate and reasonable\nmeasures to prevent the pooling of water or undertake control measures to prevent mosquito\nbreeding.\nDivision 2—Rodents\n3.2 Measures to be taken to eradicate rodents\n(1) Where there are indications of the presence of rodents, the owner or occupier of land must take\nadequate and reasonable measures to keep such land free from rodents and prevent rodent\nbreeding.\n(2) An authorised person may order an owner or occupier of land to take adequate and reasonable\nmeasures to eradicate rodents or undertake control measures to prevent rodent breeding.\nDivision 3—Cockroaches\n3.3 Measures to be taken to eradicate cockroaches\n(1) Where there are indications of the presence of cockroaches in, on or about land, the owner or\noccupier of such land must take adequate and reasonable measures to keep the land free from\ncockroaches and prevent cockroach breeding.\n(2) An authorised person may order an owner or occupier of land to take adequate and reasonable\nmeasures to eradicate cockroaches or undertake control measures to prevent breeding of\ncockroaches.\nPART 4—NUISANCES\nDivision 1—Amusements\n4.1 Operation of amusements\nA person shall not provide or conduct any amusements on land so as to create or cause a nuisance to\nany owner or occupier of land in the district, without the approval of the local government.\nDivision 2—Light\n4.2 Emission or reflection of light\nAn owner or occupier of land must not—\n(a) permit artificial light to be emitted or reflected from anything on the land so as to illuminate\npremises outside that land at a level that interferes unreasonably with normal activities; or\n(b) permit natural light to be reflected from anything on the land so as to create or be a nuisance\nto any owner or occupier of adjoining land or person using a street as a thoroughfare.\n4.3 Use of exterior lighting\nAn owner and or occupier of land on which floodlights, lighting installations or other exterior lights are\nerected or used must not allow the floodlights or other exterior lights to shine directly onto adjoining\nland so as to cause a nuisance.\n4.4 Notice\nThe local government may give a notice to the owner or occupier of land to abate a nuisance arising\nfrom a contravention of clause 4.2 or 4.3 within the time specified in the notice by—\n(a) preventing artificial light from being emitted or reflected from the land;\n(b) treating any reflective surfaces;\n(c) restricting the hours of use of the floodlights, lighting installations or other exterior lights; or\n(d) requiring alterations to the direction in which any lights are shining.\n\n14 October 2024 GOVERNMENT GAZETTE, WA 2487\nDivision 3—Smoke, fumes, odours, and other emissions\n4.5 Burning rubbish, refuse or other material\n(1) An owner or occupier of land must not set fire to, or cause to be set on fire, any rubbish, refuse or\nother material listed in Schedule 2 on the land, unless approved under a written law.\n(2) Subclause (1) does not apply to any barbeque, solid fuel water heater, space heater or ovens fired\nwith dry paper, dry wood, synthetic charcoal or charcoal type fuel.\n4.6 Escape of smoke, fumes, odours, and other emissions\nAn owner or occupier of land must take reasonable steps to prevent the escape of smoke, fumes or\nodours from the land in such quantity or of such a nature as to cause or to be a nuisance to any person,\nunless that owner or occupier has approval under a written law that permits the escape of smoke, fumes\nor odours from the land.\nPART 5—UNSIGHTLY LAND AND DISUSED MATERIALS\n5.1 Removal of refuse and disused materials\nThe owner or occupier of land shall not keep, or permit to remain on the land, any refuse, rubbish or\ndisused material of whatsoever nature or kind which in the opinion of an authorised person is likely to\ngive the land an untidy appearance and does not conform with the general appearance of other land in\nthat particular part of the district.\n5.2 Removal of unsightly overgrowth of vegetation\nThe owner or occupier of land shall not permit any unsightly overgrowth of vegetation on the land that\ngives the premises an untidy appearance and does not conform with the general appearance of other\nland or premises in that particular part of the district.\n5.3 Fencing unsightly land\nThe local government may give notice to an owner or occupier of land to ensure that unsightly land is\nenclosed, to the satisfaction of the local government, with a fence or other means suitable to prevent\nthe land, so far as is practicable, from being unsightly.\n5.4 Storage of vehicles and machinery\nThe owner or occupier of land shall not—\n(a) wreck, dismantle or break up any vehicle or machinery (or any part thereof); or\n(b) store or allow to remain on any land any vehicle or machinery (or any part thereof) in a state\nof disrepair or disuse,\nunless inside a building within an area enclosed by a fence or wall of not less than 1.8 metres in height\nand of such a nature as to screen all vehicles, parts or bodies of vehicles or machinery from the street\nand from adjoining land.\nPART 6—STORMWATER AND WASTEWATER MANAGEMENT\n6.1 Containment of stormwater, rainwater, and wastewater\nAn owner or occupier of land shall ensure that all rainwater and stormwater received on the land, and\nall wastewater generated on the land is contained on the land or discharged into an approved drainage\nstructure or sewerage apparatus.\n6.2 Containment and disposal of swimming pool and other wastewater\nAn owner or occupier of land shall ensure that all wastewater and backwash water from any swimming\npool or spa filtration systems or other water storage systems on the land is contained within the land\nand diverted to the storm water drainage system on the land.\nPART 7—HAZARDOUS MATERIALS\n7.1 Hazardous plants and trees\n(1) Where a plant or tree situated on land presents a hazard, or endangers or may endanger any person\nor thing on adjoining land, an authorised person may give a notice to the owner or the occupier of\nthe land to remove, cut, move or otherwise deal with the plant or tree so as to remove the danger\nor hazard.\n(2) Where a plant or tree situated on land presents a serious and immediate danger to any person or\nthing on adjoining land, an authorised person may take any remedial action considered appropriate\nin order to make a plant or tree safe without having given the owner or occupier notice under\nsubclause (1).\n7.2 Cyclonic activities or severe weather conditions\nWhere there is likely to be a danger to the public or property which may result from cyclonic activity or\nsevere weather, an authorised person may give a notice to the owner or the occupier of land specifying\nmeasures to be taken in relation to the premises to prevent or minimise any danger or hazard.\n\n2488 GOVERNMENT GAZETTE, WA 14 October 2024\nPART 8—BUILDING, DEVELOPMENT AND LAND CARE\nDivision 1—Litter and refuse on building sites, development sites and demolition sites\n8.1 Provision of refuse and recycling receptacles\n(1) The owner or occupier of a building site, development site or demolition site shall at all times\nprovide and maintain a refuse receptacle and recycling receptacle, available for use on the land.\n(2) A refuse receptacle and recycling receptacle under subclause (1) shall include a suitable cover, to\nthe satisfaction of an authorised officer, of such design as will—\n(a) contain any refuse and recycling waste likely to be produced on the land; and\n(b) prevent refuse and recycling waste being blown from the receptacle by wind.\n8.2 Requirements to control refuse and recycling waste\n(1) From the time of commencement of works on a building site, development site or demolition site\nuntil the time of completion of such work, the owner or occupier of the land shall take reasonable\nsteps to—\n(a) ensure all refuse on the land is placed and contained in the refuse waste receptacle;\n(b) ensure all recycling waste on the land is placed and contained in the recycling waste receptacle;\n(c) keep the site as free as is reasonably practicable from any refuse and recycling waste;\n(d) ensure all refuse and recycling waste are contained in the receptacles are prevented from being\nblown from the site by wind;\n(e) maintain the street verge immediately adjacent to the land free of refuse and recycling waste\nfrom the site; and\n(f) ensure the refuse and recycling waste receptacle is emptied when full.\n(2) The owner or occupier of a building site, development site or demolition site must ensure that\nwithin 2 days of completion of works on the site or when directed by an authorised officer—\n(a) the land and the street verge immediately adjacent to it is cleared of all refuse; and recycling\nwaste; and\n(b) all recycling and refuse receptacles are removed from the land.\nDivision 2—Prevention of dust and liquid waste\n8.3 Containment of dust and liquid waste\n(1) An owner or occupier of land must take effective measures to—\n(a) stabilise dust on the land;\n(b) contain all liquid waste on the land; and\n(c) ensure no dust or liquid waste is released or escapes from the land whether by means of wind,\nwater, or any other cause.\n(2) An owner or occupier of land must notify the owners or occupiers of adjoining land in writing 48\nhours prior to the commencement of any activity that has the potential to cause the release or\nescape of dust or liquid waste from the land, giving details of—\n(a) the nature of the activity;\n(b) the proposed commencement time, frequency, duration time and location of the activity; and\n(c) the name of the person responsible for carrying out the activity and how and where that person\nmay be contacted.\n(3) Where an authorised person is satisfied that an owner or occupier has not complied with subclause\n(1), the local government may serve on the owner and or occupier of the land a notice requiring the\nowner and or occupier to do one or more of the following—\n(a) comply with subclause (1);\n(b) clean up and properly dispose of any released or escaped dust or liquid waste;\n(c) clean up and make good any damage resulting from the released or escaped dust or liquid\nwaste; or\n(d) take effective measures to stop any further release or escape of dust or liquid waste.\n(4) The requirements set out in a notice served under subclause (3) must be complied with—\n(a) within 48 hours of service of the notice where no other time is specified;\n(b) within such other period as is specified in the notice; or\n(c) immediately, if the notice so specifies.\n(5) Where an authorised person is satisfied that dust or liquid waste has escaped or has been released\nfrom an activity undertaken on land or as a consequence of the use of equipment on land, the local\ngovernment may serve a notice on the owner and or occupier of the land and or the operator of the\nequipment, as the case may be, requiring that the activity or use of the equipment on the land be\nceased immediately, for such period as is specified in such notice.\n(6) Where an authorised person is satisfied that dust or liquid waste is likely to be released or escape\nas a result of an activity to be carried out on any land, the local government may give to the owner\nand or occupier a notice providing that the activity may only be carried on subject to conditions\nspecified in the notice.\n\n14 October 2024 GOVERNMENT GAZETTE, WA 2489\nPART 9—OBJECTIONS AND APPEALS\n9.1 Objections and appeals\nWhen the local government decides under this local law whether it will—\n(a) grant a person an authorisation;\n(b) renew, vary, or cancel an authorisation; or\n(c) give a person a notice,\nthe provisions of Division 1 of Part 9 of the Act and Regulation 33 of the Regulations shall apply to that\ndecision.\nPART 10—ENFORCEMENT\nDivision 1—Notices given under this local law\n10.1 Notice of Breach\n(1) Where a breach of any provision of this local law has occurred, the local government may give a\nnotice in writing to the person alleged to be responsible for such breach directing them to take such\nactions as an authorised person considers necessary within the timeframe specified in the notice.\n(2) A notice given under subclause (1) shall—\n(a) specify the provision of this local law which has been breached;\n(b) specify the particulars of the breach; and\n(c) state that the manner in which the person is required to remedy the breach to the satisfaction\nof the local government within the time specified in the notice.\n(3) If a person fails to comply with a notice given to him or her under this local law, the local\ngovernment may do, or arrange to be done, the thing specified in the notice and recover from the\nperson to whom the notice was given, as a debt, the costs incurred in doing so.\n(4) This local law is subject to sections 3.25, 3.27 and Schedules 3.1 and 3.2 of the Act and any powers\nof entry exercised by the local government under this local law is subject to Part 3, Division 3,\nSubdivision 3 of the Act.\nDivision 2—Offences and penalties\nSubdivision 1—General\n10.2 Offences and penalties\n(1) A person who—\n(a) fails to do anything required or directed to be done under this local law;\n(b) fails to comply with the requirements of a notice issued under this local law; or\n(c) does anything prohibited under this local law,\ncommits an offence.\n(2) A person who commits an offence under this local law is liable to a maximum penalty of $5,000 and\na maximum daily penalty of $500 in respect of each day or part of a day during which the offence\nhas continued.\nSubdivision 2—Infringement notices and modified penalties\n10.3 Prescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section\n9.15 of the Act.\n(2) The amount of the modified penalty for a prescribed offence—\n(a) for a first offence is that specified adjacent to the clause in the fourth column of Schedule 1;\nand\n(b) for a subsequent offence is that specified adjacent to the clause in the fifth column of Schedule\n1.\n10.4 Form of infringement notices\nFor the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to\nin section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;\n(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the Regulations; and\n(c) the form of the notice given under section 9.20 of the Act withdrawing an infringement notice\nis that of Form 3 in Schedule 1 of the Regulations.\n\n2490 GOVERNMENT GAZETTE, WA 14 October 2024\nSCHEDULE 1—PRESCRIBED OFFENCES\n[clause 10.3(1)]\nItem\nNo.\nClause\nNo.\nNature of offence Modified\nPenalty\nFirst\nOffence\n($)\nModified\nPenalty\nSubsequent\nOffence\n($)\n1 2.1(1) Failure to keep land upon which an animal is\nkept to the required standard 150 300\n2 2.1(2) Failure to comply with a direction to clean and\ndisinfect land upon which an animal is kept 150 300\n3 2.2(1)\nand (2)\nFailure to disposing of a dead animal in approved\nmanner 150 300\n4 2.3 Keeping a farm animal within a residential zone 150 300\n5 2.4 Keeping of a pig within a non-permitted area 150 300\n6 2.5(a) Failure to ensure a farm animal is prevented\nfrom approaching a dwelling, public building,\nbuilding used for commercial premises or food\nbusiness\n150 300\n7 2.5(b) Failure to ensure that land where a farm animal\nis kept is fenced or walled to the required\nstandard\n150 300\n8 2.5(c) Failure to keep a farm animal in accordance with\nplanning scheme 150 300\n9 2.6(a) On land where farm animals are kept, failing to\nensure any stable, enclosure or shelter is not\nsituated within 18 metres of any dwelling, public\nbuilding, building used for commercial purposes\nor food business\n150 300\n10 2.6(b) On land where farm animals are kept, failing to\nensure any stable, enclosure or shelter is\nmaintained in a manner so as to provide\nadequate shelter, drainage and ventilation\n150 300\n11 2.7(1) Slaughtering an animal other than at an\napproved premises 150 300\n12 2.8(a) Keeping of a horse outside of a rural zone 150 300\n13 2.8(b) Keeping of a horse contrary to the provisions of\nany local planning scheme 150 300\n14 2.9(1)\nand (2)\nFailure to ensure a stable or stable shelter is\nsited to the required standard 150 300\n15 2.9(3), (4)\nand (5)\nStable or stable shelter contrary to the required\nstandard 150 300\n16 2.9(6) Associated building or facility situated within 9\nmetres of any dwelling 150 300\n17 2.9(7) Failure to ensure a paddock, yard or\ntraining/walking ring is sited to the required\nstandard\n150 300\n18 2.10(a) Failure to maintain any stable, stable shelter,\nassociated building or facility where any horse is\nkept to the required standard\n150 300\n19 2.10(b) Failure to maintain fences, railings and gates to\nthe required standard 150 300\n20 2.10(c) Failure to ensure any paddock where horses are\nkept is fenced or walled in a manner capable or\nconfining a horse\n150 300\n21 2.11(a) Manure receptacle on land where horses are kept\nsituated within 10 metres of a dwelling on\nadjacent property\n150 300\n22 2.11(b)\nand (c)\nOn land where horses are kept, failing to handle\nwaste and manure to the required standard 150 300\n23 2.12(1)(a) Exceeding the permitted number of poultry or\npigeons in a residential zone 150 300\n24 2.12(1)(b) Exceeding the permitted number of poultry or\npigeons in a rural zone without approval 150 300\n\n14 October 2024 GOVERNMENT GAZETTE, WA 2491\nItem\nNo.\nClause\nNo.\nNature of offence Modified\nPenalty\nFirst\nOffence\n($)\nModified\nPenalty\nSubsequent\nOffence\n($)\n25 2.13 Failure to comply with requirements for keeping\nof poultry 150 300\n26 2.14(1)\nand (2)\nFailure to comply with requirements for keeping\nof pigeons 150 300\n27 2.15 Keeping a rooster, geese, turkey or peafowl\noutside of a rural zone 150 300\n28 2.16 Failure to comply with requirements for keeping\nof aviary birds 150 300\n29 2.17(a) Keeping a bird or poultry that causes or is likely\nto cause a nuisance 150 300\n30 2.17(b) Keeping a bird or poultry which emits an\nunreasonable noise 150 300\n31 2.18(1) Feeding of uncaged bird without approval 150 300\n32 2.18(2) Failure to comply with a notice to clean up and\ndispose of feed or waste product 150 300\n33 2.20(5) Failure to comply with a condition of approval for\nkeeping poultry or pigeons 150 300\n34 2.20(7) A holder of a permit to keep poultry or pigeons\nfailing to notify of any change in circumstances 150 300\n35 2.21 Keeping bees in more than two beehives on land\nwithout approval 150 300\n36 2.22 Failure to comply with requirement for keeping of\nbees 150 300\n37 2.23 Keeping bees so as to create a nuisance 150 300\n38 2.24(5) Failure to comply with a condition of approval for\nkeeping bees 150 300\n39 3.1(1) Failure to keep land free of water that is or is\nliable to become a breeding place mosquito\nbreeding\n150 300\n40 3.2(1) Where there are indications of the presence of\nrodents, failure to take measures to keep land\nfree from rodents and prevent breeding\n150 300\n41 3.3(1) Where there are indications of the presence of\ncockroaches, failure to take measures to keep\nland free from cockroaches and prevent breeding\n150 300\n42 4.1 Providing or conducting amusements so as to\ncreate or cause a nuisance without approval 250 500\n43 4.2(a) Permitting artificial light to be emitted or\nreflected so as to illuminate premises at a level\nthat interferes unreasonably with normal\nactivities\n250 500\n44 4.2(b) Permit natural light to be reflected so as to create\nor be a nuisance 250 500\n45 4.3 Allowing floodlights or other exterior lights to\nshine into adjoining land so as to cause a\nnuisance\n250 500\n46 4.5(1) Setting fire to rubbish, refuse or other material\nlisted in Schedule 2 on the land without approval 250 500\n47 4.6 Failure to take reasonable steps to prevent the\nescape of smoke, fumes, odours or other emissions\nso as to cause a nuisance\n250 500\n48 5.1 Refuse, rubbish or disused material on land so as\nto give untidy appearance 250 500\n49 5.2 Failure to prevent unsightly overgrowth of\nvegetation 250 500\n50 5.4(a) Wrecking, dismantling or breaking up a vehicle\nor machinery outside of a building or enclosed\narea\n250 500\n51 5.4(b) Storing or allowing any vehicle or machinery to\nremain outside of a building or enclosed area 250 500\n\n2492 GOVERNMENT GAZETTE, WA 14 October 2024\nItem\nNo.\nClause\nNo.\nNature of offence Modified\nPenalty\nFirst\nOffence\n($)\nModified\nPenalty\nSubsequent\nOffence\n($)\n52 6.1 Failure to ensure rainwater, wastewater or\nstormwater is contained, discharged to an\napproved drainage structure or sewage apparatus\n250 500\n53 6.2 Failure to ensure water from a swimming pool,\nspa filtration system or other water storage\nsystem is contained and diverted to storm water\ndrainage\n250 500\n54 8.1(1) Failure to provide and maintain a refuse\nreceptacle and a recycling receptacle at a building\nsite, development site or demolition site\n250 500\n55 8.1(2) Receptacle at a building site, development site or\ndemolition site not to the required standard 250 500\n56 8.2(2)(a) Failure to clear refuse or recycling from a\nbuilding site, development site or demolition site 250 500\n57 8.2(2)(b) Failure to remove receptacle from a building site,\ndevelopment site or demolition site 250 500\n58 8.3(1)(a) Failure to take effective measures to stabilise\ndust on the land 250 500\n59 8.3(1)(b) Failure to take effective measures to contain\nliquid waste on the land 250 500\n60 8.3(1)(c) Failure to take effective measures to ensure no\ndust or liquid waste is released or escapes from\nthe land\n250 500\n61 8.3(2) Failure to notify an owner or occupier of adjoining\nland of an activity with the potential to cause the\nrelease or escape of dust or liquid waste\n250 500\n62 10.2(1)(a) Failure to do anything required or directed to be\ndone 250 500\n63 10.2(1)(b) Failure to comply with a notice 250 500\n64 10.2(1)(c) Doing anything prohibited under local law 250 500\n————\nSCHEDULE 2—MATERIALS NOT TO BE SET ON FIRE OR TO BE BURNT\n[clause 4.5]\n(1) Batteries\n(2) Carpet\n(3) Electrical products\n(4) Fabrics or textiles\n(5) Solvent\n(6) Paint\n(7) Plastic, including polystyrene and the like\n(8) Rubber\n(9) Timber that has been treated with preservatives\n(10) Tyres\n(11) Vehicles or vessels and their parts\n(12) Waste oil, fats or grease\n————\nDated this 30th day of September 2024.\nThe Common Seal of the City of Kwinana was hereunto affixed in the presence of—\nPETER FEASEY, Mayor.\nWAYNE JACK, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument consolidates and replaces multiple earlier local laws (see clause 1.3) into a single Animal, Environment and Amenity local law and carries forward existing approvals subject to renewal or transfer at the local government's discretion (clause 2.25). Mechanically, it broadens administrative centralisation and updates standards and enforcement mechanisms; earlier scattered by‑laws are repealed and their approvals are preserved but now sit under the new consolidated regime (clauses 1.3, 2.25)."},"complexity_factors":["Wide subject coverage: animals, pests, nuisances, waste, stormwater, hazardous trees and building sites — many distinct regulatory regimes to apply.","Numerous numeric standards and siting distances (e.g. 9m, 18m, 30m, stall sizes) creating detailed compliance checks (see clauses 2.9, 2.11, 2.12, 2.22).","Discretionary approvals and conditions: local government may grant, condition, refuse or cancel approvals for poultry, pigeons and bees (clauses 2.20, 2.24).","Enforcement toolkit includes notices, remedial works at owner cost, debt recovery and specified penalties — interaction of clauses 10.1, 10.2 and Schedule 1.","Cross‑references to external codes, planning schemes and guidelines (Code of Practice, Environmental Management Guidelines, Stocking Rate Guidelines) require interpretive alignment (definition 1.5 and multiple clause references).","Transitional and savings provisions preserving prior approvals while repealing earlier by‑laws (clauses 1.3, 2.25) add administrative complexity for existing permit holders.","Overlap with other written laws and Acts (Local Government Act 1995, Building Act 2011, Agriculture Management Regulations) requires coordination and legal interpretation (clauses 1.5 definitions and enforcement references)."],"plain_english_summary":"This local law sets detailed standards for animals, vermin control, nuisances, unsightly land, stormwater/wastewater, hazardous trees and building‑site refuse across the City of Kwinana. It establishes permit routes for exceptions and empowers authorised officers to issue compliance notices, remedial action and fines (see clauses 2.20, 2.24, 10.1–10.3).\n\nIt primarily affects owners and occupiers, who must meet siting, enclosure, hygiene, waste and registration rules and bear compliance costs, fees and risk of modified penalties (Schedule 1, clause 10.2). Approvals and enforcement are at the local government's discretion via the CEO and authorised persons (definition 1.5, clause 10.1)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original scope. It began as separate, narrow by-laws (piggeries 1983, pigeons 1996, horses 1997, bees 2002, general health 1963). This 2024 version consolidates these into a comprehensive 'Animal, Environment and Amenity' framework, expanding beyond mere animal control to include light pollution, stormwater management, building site waste control, and cyclone preparedness. The scope has broadened from reactive health/sanitation rules to proactive environmental and amenity management."},"complexity_factors":["Consolidates and repeals 6 previous local laws, requiring cross-referencing for transitional matters (clause 2.25)","47 defined terms in the interpretation section (clause 1.5), including technical terms like 'Jandakot UWPCA' and 'Environmental Management Guidelines'","Multiple nested exceptions and conditional approvals (e.g., clauses 2.12, 2.20, 2.24 for poultry/pigeons/bees with approval processes)","Detailed technical specifications for horse stables (clause 2.9) with specific measurements (18m, 9m, 30m radius, 150mm openings, 12 sqm per stall, etc.)","Zone-based restrictions (residential vs rural) that require reference to separate planning schemes","64 separate prescribed offences in Schedule 1 with tiered penalty structures (first vs subsequent offences)","Multiple external document references (Code of Practice for Pigeons, Stocking Rate Guidelines, Environmental Management Guidelines, Agriculture Management Regulations)","Joint and several liability provisions (clause 1.5(4)) affecting owners and occupiers"],"plain_english_summary":"This local law modernises and consolidates Kwinana’s rules on animals, pests, environmental health and neighbourhood amenity, replacing six older local laws. It affects residents, landowners, hobby farmers and developers by setting standards for keeping animals, preventing vermin and nuisance (smoke, light, noise, unsightly land), managing stormwater and building‑site waste, and protecting water resources. Strong compliance powers and fines (including on‑the‑spot penalties) give the council tools to enforce public health, safety and neighbourly standards."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-kwinana-animal-environment-and-amenity-local-law-2024","history":"/api/acts/city-of-kwinana-animal-environment-and-amenity-local-law-2024/history","analysis":"/api/acts/city-of-kwinana-animal-environment-and-amenity-local-law-2024/analysis","conflicts":"/api/acts/city-of-kwinana-animal-environment-and-amenity-local-law-2024/conflicts","importantCases":"/api/acts/city-of-kwinana-animal-environment-and-amenity-local-law-2024/important-cases","documents":"/api/acts/city-of-kwinana-animal-environment-and-amenity-local-law-2024/documents"}}