{"id":"wa-local:mandurah-city-of-city-of-mandurah-animals-environment-and-nuisance-amendment-local-law-2024","name":"City of Mandurah Animals Environment and Nuisance Amendment Local Law 2024","slug":"city-of-mandurah-animals-environment-and-nuisance-amendment-local-law-2024","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438418,"registerId":"wa-local:mandurah-city-of-city-of-mandurah-animals-environment-and-nuisance-amendment-local-law-2024-pdf-1775954859287","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"City of Mandurah Animals Environment and Nuisance Amendment Local Law 2024","content":"2397\nISSN 2204-4264 (online)\nPERTH, MONDAY, 7 OCTOBER 2024 No. 122 SPECIAL\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nCITY OF MANDURAH\n———————————\nLOCAL GOVERNMENT ACT 1995\nHEALTH (MISCELLANEOUS PROVISIONS) ACT 1911\nBIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007\nANIMALS ENVIRONMENT AND NUISANCE\nAMENDMENT LOCAL LAW 2024\n————\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\nWASTE LOCAL LAW 2024\n———————————\n\n\n\n7 October 2024 GOVERNMENT GAZETTE, WA 2399\nLOCAL GOVERNMENT ACT 1995\nHEALTH (MISCELLANEOUS PROVISIONS) ACT 1911\nBIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007\nCITY OF MANDURAH\nANIMALS ENVIRONMENT AND NUISANCE AMENDMENT LOCAL LAW 2024\nUnder the powers conferred by the\nHealth (Miscellaneous Provisions) Act 1911, Local Government\nAct 1995,\nBiosecurity and Agriculture Management Act 2007, and under all other powers enabling it,\nthe Council of the City of Mandurah resolved on 24 September 2024 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the\nCity of Mandurah Animals, Environment and Nuisance Amendment\nLocal Law 2024.\n1.2 Commencement\nThe local law comes into operation 14 days after the date of its publication in the\nGovernment Gazette.\n1.3 Principal local law\nThis local law amends the\nCity of Mandurah Animals, Environment and Nuisance Local Law 2010 as\npublished in the\nGovernment Gazette on 22 March 2011 and as amended in the\nGovernment Gazette\non 11 June 2019 and 3 April 2020.\n1.4 Clause 1.1 amended\nIn clause 1.1 delete the heading “Citation” and replace with “Short title”.\n1.5 Clause 1.2 amended\nIn clause 1.2—\n(a) renumber clause “1.2” to “1.5”;\n(b) in the clause title, amend the title “Definitions” to “Meaning of terms used in this local\nlaw”; and\n(c) delete the following definitions—\n(i)\namusement;\n(ii)\napproved animal;\n(iii)\nbee hive;\n(iv)\nClass 6 building;\n(v)\nClass 9 building;\n(vi)\nCode of Practice–Pigeon keeping;\n(vii)\ndevelopment approval;\n(viii)\ndevelopment site;\n(ix)\nlivestock;\n(x)\nlivestock vehicle;\n(xi)\nmanure receptacle;\n(xii)\nminiature horse;\n(xiii)\noccupier; and\n(xiv)\ntruck;\n(d) insert the following definitions in alphabetical order—\n(i)\nbeekeeper has the meaning given in Regulation 3 of the\nBiosecurity and Agriculture\nManagement Regulations 2013;\n(ii)\nCode of Practice–Pigeon keeping means the Code of Practice for Pigeon Keeping and\nRacing in Western Australia as prescribed by the\nAnimal Welfare (General)\nRegulations 2003, as amended from time to time;\n(iii)\ndevelopment site means—\n(a) any lot or lots for which there is a current development or subdivision approval;\nand\n(b) any lot or lots upon which, construction work, earthworks, clearing of scrub, trees\nor overgrowth or any other site works are taking or have taken place, whether or\nnot such works are subject to a development or subdivision approval;\n(iv)\nhive means a movable or fixed structure, container or object in which a colony of bees is\nkept;\n\n2400 GOVERNMENT GAZETTE, WA 7 October 2024\n(v)\noccupier means any person who is in control of any land or part of any land or\nauthorised by the owner, lessee, licensee, or any other person empowered to exercise\ncontrol in relation to land to perform any work in relation to any land and without\nlimiting the generality of the foregoing and for the avoidance of doubt includes a builder\nor contractor;\n(vi)\npremises includes—\n(a) land (whether or not vacant);\n(b) the whole or part of a building or structure (whether of a permanent or temporary\nnature); and\n(c) a vehicle;\n(vii)\nreceptacle means a container for holding or facilitating the removal of refuse; and\n(viii)\nsand drift means the movement of sand, sediment, or similar materials across, within\nor along a surface;\n(e) amend the definition for an\naffiliated person by deleting “\nAssociations Incorporation\nAct 1987” and replacing it with “\nAssociations Incorporation Act 2015”;\n(f) in the definition of\nauthorised person delete the word “Council” and replace it with “local\ngovernment”;\n(g) amend the definition of\nbirds by deleting the word “includes” and replacing with the word\n“include”;\n(h) amend the definition of\nbuilding site by deleting the word “licence” and replacing it with\n“permit”;\n(i) in the definition of\nChief Executive Officer replace the first reference to “Chief Executive\nOfficer” with\n“CEO”;\n(j) amend the definition of\npest plant by deleting “clause 4.17” and replacing with “clause 4.10”;\n(k) in the definition of\npigeon after the words “homing pigeons” insert the words “racing pigeons”\nand delete the words “Department of Environment and Conservation” and replace with\n“Department of Biodiversity, Conservation and Attractions”; and\n(l) in the definition of\nunreasonable noise insert the word “and” after “1986;”.\n1.6 Clause 1.3 amended\nRenumber clause “1.3 Repeal” to “1.4 Repeal”.\n1.7 Clause 1.4 amended\n(a) renumber clause “1.4 Application” to “1.3 Application”; and\n(b) delete the words “shall apply” and insert “applies”.\n1.8 Clause 1.5 amended\nRenumber clause “1.5 Commencement” to “1.2 Commencement”.\n1.9 Part 2, Division 1 amended\nIn Part 2 delete Division 1 and insert—\nDivision 1—Keeping of birds\n2.1 Keeping of poultry and pigeons in a residential zone\nSubject to the provisions of this Part 2, an owner or occupier of premises in a residential zone shall\nnot keep or permit to be kept more than the following number of pigeons or poultry—\n(a) In the case of poultry, the maximum number specified in the table below according to\napplicable lot size—\nLot size Maximum number of poultry\nLess than 1,000 m2 6 poultry (including a maximum of 2 ducks)\n1,001 m2 and over 12 poultry (including ducks)\n(b) In the case of pigeons, 12 pigeons unless the owner or occupier is an affiliated person in\nwhich case the maximum number of pigeons is 100.\n2.2 Requirements for keeping of poultry\nA person who keeps poultry or permits poultry to be kept shall ensure that—\n(a) no poultry shall be kept within 5 metres from any residential building;\n(b) no poultry are able to approach within 5 metres of a public street, public building,\ncommercial premises or food business;\n(c) all poultry are kept in a properly constructed and securely fastened enclosure;\n(d) all enclosures within which poultry are kept are maintained at all times in a clean\ncondition and good repair;\n(e) all poultry are contained in an enclosure at all times, except where released for exercise;\n(f) no poultry are to be kept less than 1 metre from any lot boundary; and\n(g) all feed for the poultry other than that intended for immediate consumption is stored in\nvermin-proof containers.\n\n7 October 2024 GOVERNMENT GAZETTE, WA 2401\n2.3 Requirements for keeping of pigeons\n(1) A person who keeps pigeons or permits pigeons to be kept shall ensure that—\n(a) all pigeons are kept in a properly constructed pigeon loft or enclosure at all times, except\nwhen registered homing pigeons or racing pigeons are released for exercise subject to the\nfollowing conditions—\n(i) registered homing pigeons or racing pigeons may only be released for exercise\nbetween the hours set out in the Code of Practice; and\n(ii) a person shall not release more than 60 registered homing pigeons or racing\npigeons for exercise or training at any one time;\n(b) all loft structures or enclosures within which pigeons are kept and their immediate\nsurrounds are maintained in a clean condition and good repair;\n(c) all loft litter—\n(i) is disposed of by immediate burial or by being bagged and deposited in a household\nrubbish receptacle; and\n(ii) does not cause a nuisance;\n(d) the base floor of any loft or enclosure is constructed of impervious material;\n(e) all feed for the pigeons other than that intended for immediate consumption is stored in\nvermin-proof containers;\n(f) no opening to a pigeon loft or enclosure, including openings for ventilation, is within 5\nmetres of any residential building, public street, public building, commercial premises,\nor food business and is not visible from a public area; and\n(g) no pigeon loft or enclosure, including openings for ventilation, is within 1 metre from any\nlot boundary.\n(2) An affiliated person who keeps pigeons, or permits pigeons to be kept, shall do so in accordance\nwith the Code of Practice—Pigeon Keeping, subject to the provisions of this local law.\n2.4 Requirements for keeping of aviary birds\nA person who keeps, or permits to be kept, aviary birds shall ensure that—\n(a) the aviary or cage in which the birds are kept is located at least 1 metre from any lot\nboundary;\n(b) the aviary or cage in which the birds are kept is at least 5 metres from any residential\nbuilding, public street, public building, commercial premises, or food business and is not\nvisible from a public area;\n(c) the base floor of the aviary or cage is to be constructed of smooth, impervious material\nwith a gradient of at least 1 in 50 to the front of the aviary or cage;\n(d) the aviary or cage is to be kept in clean condition and good repair;\n(d) all feed for the birds other than that intended for immediate consumption is stored in\nvermin-proof containers; and\n(e) reasonable steps are taken to prevent the attraction or harbourage of vermin.\n2.5 Roosters, geese, turkeys and peafowl\nExcept on land in a rural zone or with the prior written permission of the local government, an\nowner or occupier of premises shall not keep any of the following—\n(a) rooster;\n(b) goose or gander;\n(c) turkey; or\n(d) peacock or peahen.\n2.6. Nuisance caused by birds\nAn owner or occupier of land shall not keep any bird or birds which—\n(a) cause a nuisance; or\n(b) emit an unreasonable noise.\n1.10 Part 2, Division 2 amended\nIn Part 2 delete Division 2 and insert—\nDivision 2—Keeping of farm animals\n2.7 Keeping of farm animals\n(1) An owner or occupier of land shall not keep, or allow to be kept, any farm animal unless—\n(a) in accordance with a valid permit authorising the keeping of such a farm animal issued\nin relation to the land; or\n(b) in a rural zone and in accordance with the provisions of any local planning scheme\napplicable to that zone.\n(2) An owner or occupier shall not keep more than one pig other than on premises registered as a\npiggery pursuant to the provisions of the\nHealth (Miscellaneous Provisions) Act 1911, except\nwith the written approval of the local government.\n\n2402 GOVERNMENT GAZETTE, WA 7 October 2024\n2.8 Application for a permit to keep farm animals\nAn application for a permit to keep farm animals shall be in the form approved by the local\ngovernment.\n2.9 Determination of application to keep farm animals\n(1) The local government may—\n(a) refuse to determine an application for a permit which does not comply with clause 2.8;\n(b) approve an application for a permit subject to such conditions as it considers appropriate;\nor\n(c) refuse to approve an application for a permit.\n(2) Where an application for a permit is approved subject to conditions, the permit holder shall\ncomply with those conditions.\n(3) A permit shall remain valid unless—\n(a) otherwise stated in the terms and conditions of the permit; or\n(b) it is cancelled under clause 2.10(2).\n2.10 Variation or cancellation of permit to keep farm animals and conditions of permit\n(1) The local government may vary the conditions of a permit issued under this Division by giving\nwritten notice to the permit holder and the varied condition takes effect 7 days after that notice\nis given.\n(2) The local government may cancel a permit in the event the permit holder—\n(a) fails to comply with any condition of the permit;\n(b) after being notified of a variation under subclause 2.10(1), fails to comply with the varied\ncondition;\n(c) breaches clause 2.11 of this local law; or\n(d) fails to comply with a notice of breach issued under clause 6.1.\n2.11 Requirements for keeping farm animals\nAn owner or occupier of land or premises upon which a farm animal or farm animals are permitted\nto be kept, shall—\n(a) ensure that each farm animal is kept in a suitable enclosure that effectively prevents it\nfrom escaping;\n(b) maintain the place or places where the farm animals are kept in clean condition;\n(c) not permit any farm animal to approach within 5 metres of any residential building; and\n(d) not permit any farm animal to approach within 15 metres of any food premises, shop,\npublic building or a business or commercial premises.\n2.12 Nuisance caused by farm animals\nAn owner or occupier of land shall not keep any farm animal or farm animals which—\n(a) cause a nuisance; or\n(b) emit an unreasonable noise.\n1.11 Part 2, Division 3 amended\nIn Part 2 delete Division 3 and insert—\nDivision 3—Keeping of bees\n2.13 Keeping of Bees\nA person shall not keep bees or allow bees to be kept on any land except in accordance with the\nrequirements outlined in clause 2.14.\n2.14 Requirements for Beekeeping\nThe keeping of bees is subject to the following requirements—\n(a) the provision of a sufficient and suitable water supply on the land which is readily\naccessible by the bees on the land;\n(b) each hive shall be—\n(i) kept at least 10 metres from any thoroughfare, public place, or neighbouring\nbuilding;\n(ii) kept at least 5 metres from any other boundary of the land; and\n(iii) screened or provided with other such barrier so as to prevent the bees flying low\nover a thoroughfare, public place, or adjoining land;\n(c) no more than 2 hives are to be kept on land of less than 2,000 square metres in area;\n(d) no more than 15 hives are to be kept on land between 2,000 and 20,000 square metres in\narea; and\n(e) the person keeping bees shall be registered as a beekeeper if required under\nthe\nBiosecurity and Agriculture Management (Identification and Movement of Stock and\nApiaries) Regulations 2013.\n\n7 October 2024 GOVERNMENT GAZETTE, WA 2403\n2.15 Nuisance caused by bees or hives\nA person shall not keep, or allow to be kept, bees or hives, or both, on land so as to endanger the\nsafety of any person or cause a nuisance.\n2.16 Notice to remove bees\nWhenever the local government or an authorised person is satisfied that a person has contravened\nany provision of this local law which relates to the keeping of bees or hives, the local government\nor an authorised person may give the owner or occupier of the land a written notice requiring her\nor him to remove any bees or hives, or both, from the land within the time specified in the notice.\n1.12 Part 3, Division 1 amended\nIn Part 3 delete Division 1 and insert—\nDivision 1—Litter and refuse on building sites\n3.1 Provision of refuse receptacles\n(1) A person must not commence or continue, or permit the commencement or continuation of,\nbuilding works on a building or development site unless—\n(a) an Approved Receptacle is provided and maintained on the building site;\n(b) all building waste is placed, and kept securely, in the Approved Receptacle;\n(c) the cover of the Approved Receptacle is kept securely in place at all times except when\nbuilding waste is being placed in, or removed from, the Approved Receptacle; and\n(d) the Approved Receptacle is maintained in an effective and operable condition.\n(2) In this clause—\nApproved Receptacle means—\n(a) a receptacle with a capacity of at least 4 cubic metres with a suitable cover so as to\nprevent the escape of building waste;\n(b) a wire enclosure with a capacity of at least 4 cubic metres with a suitable cover so as to\nprevent the escape of building waste; or\n(c) any other receptacle or container, with a suitable cover so as to prevent the escape of\nbuilding waste,\nthat is approved by the local government or an authorised person.\n3.2 Control measures\n(1) From the time of commencement of works on a building site or development site until the time\nof completion of such works, the owner or occupier of the site shall—\n(a) ensure all refuse on the site is placed securely and contained in the Approved Receptacle\nand prevented from escaping from the site;\n(b) keep the site as free as is reasonably practicable from any refuse;\n(c) keep the street verge, and any other reserve, immediately adjacent to the site free of\nrefuse, dust and sand from the site;\n(d) prevent dust and sand escaping from the site onto any thoroughfare or adjacent land;\nand\n(e) ensure the refuse receptacle is emptied when full.\n(2) The owner or occupier of a building site or development site shall ensure that, within 2 days of\ncompletion of works on the site or when directed by an authorised person, the site and the\nstreet verge or thoroughfare immediately adjacent or any adjacent land to it is cleared of all\nrefuse and sand and all receptacles are removed from the site.\n3.3 Unauthorised storage of materials\n(1) All construction materials shall be stored on the building site or development site and not on a\nstreet verge, thoroughfare or other local government property unless written approval has been\ngiven by the local government or an authorised person to store construction material on the\nstreet verge, thoroughfare or other local government property.\n(2) An application for approval under subclause 3.3(1) shall be—\n(a) in writing; and\n(b) where the materials are proposed to be stored on a street verge abutting private land,\nshall be accompanied by the written approval of the owner of such land.\n1.13 Part 3, Division 2 amended\nIn Part 3 delete Division 2 and insert—\nDivision 2—Prevention of dust, sand or sand drift and liquid waste\n3.4 Prohibited activities\n(1) An owner and or occupier of land shall take reasonable steps to—\n(a) stabilise dust and sand on any land or verge adjoining such land;\n(b) contain all liquid waste on the land; and\n(c) ensure no dust, sand or sand drift, or liquid waste is released or escapes from the land,\nwhether by means of wind, water, or any other cause.\n\n2404 GOVERNMENT GAZETTE, WA 7 October 2024\n(2) Where the local government or an authorised person is satisfied that—\n(a) an owner or occupier has not complied with subclause 3.4(1); or\n(b) the dust, sand or liquid waste has been released or escaped from the owner’s or occupier’s\nland,\nthe local government or an authorised person may serve on the owner and or occupier of the\nland a notice requiring the owner and or occupier to do one or more of the following—\n(i) comply with subclause 3.4(1);\n(ii) clean up and properly dispose of any released or escaped dust, sand, or liquid\nwaste;\n(iii) clean up and make good any damage resulting from the released or escaped dust,\nsand, or liquid waste including any damage to adjoining or other affected\nproperties; or\n(iv) take reasonable steps to stop or prevent any further release or escape of dust, sand\nor liquid waste from the land.\n(3) The requirements set out in a notice issued under subclause 3.4(2) shall 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(4) Where the local government or an authorised person is satisfied that dust, sand, or liquid waste\nhas escaped or has been released from an activity undertaken on land or as a consequence of\nthe use of equipment on land, the local government or an authorised person may serve a notice\non—\n(a) the owner and or occupier of the land; or\n(b) the operator of the equipment,\nas the case may be, requiring that the activity or use of the equipment on the land be ceased\nimmediately, for such period as is specified in such notice.\n(5) Where the local government or an authorised person is satisfied that dust, sand, or liquid waste\nmay be released or escape as a result of an activity which is likely to be carried on from any\nland, the local government or an authorised person may give to the owner and or occupier a\nnotice providing that the activity may only be carried on subject to conditions specified in the\nnotice.\n3.5 Escape from loads being transported\n(1) A person must not drive a vehicle carrying a load from a dust or sand generating development\nsite, or a building site, unless reasonable steps have been taken to ensure that the load, or any\npart of it, cannot escape from the vehicle.\n(2) In this clause—\nload includes any material or other thing used in connection with the load; and\nvehicle has the meaning given to it in the\nRoad Traffic Code 2000.\n3.6 Disposal of liquid waste\n(1) The owner or occupier of premises shall—\n(a) provide one or more of the methods prescribed in this clause, for the disposal of all liquid\nwaste produced on the premises; and\n(b) at all times maintain in good working order and condition any apparatus used for the\ndisposal of liquid waste.\n(2) Liquid waste shall be disposed of by one or more of the following methods—\n(a) discharging it into the sewerage system of a licensed water service operator in a manner\napproved by the licensed water service operator;\n(b) discharging it into an apparatus for the treatment of sewage and disposal of effluent and\nliquid waste approved by the Chief Health Officer or the local government; or\n(c) collection and disposal at an approved liquid waste disposal site in a manner approved\nby the Chief Health Officer.\n(3) In this clause—\nChief Health Officer has the meaning given in the\nPublic Health Act 2016 section 4(1); and\nlicensed water service operator means a water service operator licensed under a written\nlaw to provide and/or operate water services.\n1.14 Part 3, Division 3 amended\nIn clause 3.5 of Part 3, Division 3—\n(a) renumber clause 3.5 to clause 3.7;\n(b) delete the word “of” and insert “or” in its place;\n(c) insert “of land” after “occupier”; and\n(d) delete “site” and insert “land”.\n\n7 October 2024 GOVERNMENT GAZETTE, WA 2405\n1.15 Part 3, Division 4 amended\nIn Part 3, Division 4—\n(a) clauses 3.6 to 3.9 are renumbered to clauses 3.8 to 3.11 respectively;\n(b) clause 3.8 (formerly clause 3.6) is amended by deleting subclause (1) and inserting—\nDivision 4—Unsightly land and disused materials\n3.8 Removal of refuse and disused materials\n(1) The owner or occupier of a lot shall not keep, or permit to remain on the lot, any refuse,\nrubbish or disused material of whatsoever nature or kind which the local government or\nan authorised person is satisfied is likely to—\n(a) give the lot an untidy appearance and does not conform with the general\nappearance of other land in that particular part of the district; or\n(b) adversely affect the health and safety of the inhabitants of that property or any\nadjoining property.\n(c) delete clause 3.9 (formerly clause 3.7) and insert—\n3.9 Removal of unsightly overgrowth of vegetation\n(1) The owner or occupier of a lot shall not permit to remain on a lot, any unsightly overgrowth\nof vegetation which, the local government or the authorised person is satisfied is likely to—\n(a) gives the lot an untidy appearance and does not conform with the general\nappearance of other land in that particular part of the district; or\n(b) adversely affect the health and safety of the inhabitants of that property or any\nadjoining property.\n(2) The local government or an authorised person may give notice in writing to the owner or\noccupier of a lot requiring the removal of the overgrowth of vegetation within the time\nspecified in the notice.\n(d) delete clause 3.10 (formerly clause 3.8) and insert—\n3.10 Storage of vehicles, vessels and machinery\n(1) The owner or occupier of a lot shall not—\n(a) store, or allow to remain, in public view on the lot more than 1 vehicle, vessel, or\nmachinery (whether licensed or not) in a state of disrepair;\n(b) store, or allow to remain, in public view on the lot any vehicle, vessel, or machinery\nin a state of disrepair for a period in excess of 1 month;\n(c) store, or allow to remain, in public view on the lot vehicle, vessel, or machinery\nparts (including tyres);\n(d) wreck, dismantle or break up any vehicle, part or body of a vehicle, vessel, or\nmachinery; or\n(e) wreck, dismantle or break up a vehicle, vessel, or machinery so as to cause a\nnuisance.\n(2) Subclause 3.10(1) shall not apply if the vehicle, part or body of a vehicle, vessel or\nmachinery is inside a building or within an area enclosed by a fence or wall not less than\n1.8 metres in height and of such a nature as to screen all vehicles, parts or bodies of vehicles\nor machinery from the street and from adjoining properties.\n(e) clause 3.11 (formerly 3.9) is amended by—\n(i) inserting the words “without lawful authority and” after the words “on any land”;\n(ii) in subclause (b) delete “and” and replace with a full stop; and\n(iii) delete subclause (c).\n1.16 Part 3, Division 5 amended\nIn Part 3, Division 5—\n(a) clause 3.10 (former numbering) is deleted; and\n(b) clause 3.11 is renumbered to clause 3.12 and the word “cannot” is deleted from subclause (3)\nand replaced with the word “can”.\n1.17 Part 4, Division 1 amended\nIn Part 4, Division 1—\n(a) in clause 4.2 delete the subclause designator “(1)” and “(2)” and replace with “(a)” and “(b)”;\n(b) in subclause 4.3(1)—\n(i) insert the words “or an authorised person” after the words “local government”; and\n(ii) insert the words “local government or an” before the words “authorised person considers”;\nand\n(c) in subclause 4.3(2)—\n(i) insert the numbers “4.3” before “(1)”;\n(ii) insert the words “or an authorised person” after the words “local government”; and\n(iii) delete the words “believes to be” and replace with “is satisfied is”.\n\n2406 GOVERNMENT GAZETTE, WA 7 October 2024\n1.18 Part 4, Division 2 amended\nIn Part 4, Division 2—\n(a) clause 4.4(1) is amended as follows—\n(i) insert “vegetation” after the word “refuse”; and\n(ii) insert the words “or authorised person” after the word “the local government”;\n(b) clause 4.4(2) insert the numbers “4.4” before “(1)”; and\n(c) clause 4.5 is amended as follows—\n(i) insert the words “take all reasonable steps” after the word “shall”; and\n(ii) insert the word “to” before the words “cause or permit”.\n1.19 Part 4, Division 3 amended\nIn Part 4, Division 3—\n(a) clause 4.7 is deleted and the remaining clauses in Part 4, Division 3 are renumbered\naccordingly;\n(b) in clause 4.7 (formerly clause 4.8) delete subclause (1) and insert—\n4.7 Stormwater disposal systems\n(1) The owner or occupier of a lot shall ensure that all stormwater from the roof of each\nbuilding or house on the lot, or the overflow from rainwater storage tanks, is discharged\ninto stormwater drainage system, or discharged by other methods approved by the local\ngovernment, in accordance with AS/NZS 3500.\n(c) delete clause 4.8 (formerly clause 4.9) and insert—\n4.8 Disposal of swimming pool backwash\n(1) The owner or occupier of land on which a swimming pool is constructed shall ensure that\nall backwash is not permitted to discharge onto or run-off onto adjacent land so as to cause\na nuisance, or cause damage to any structures situated on adjacent land.\n(2) The disposal of wastewater and backwash water from a swimming pool filtration system\nor other water storage system associated with a swimming pool into an approved disposal\nsystem or a soakwell system having a minimum capacity of 140 litres and located a\nminimum of 1.8 metres away from any building or lot boundary, satisfies the requirement\nof subclause 4.8(1).\n1.20 Part 4, Division 4 amended\nIn Part 4, delete Division 4 and insert—\nDivision 4—Bird nuisance\n4.9 Restrictions on feeding of birds\n(1) A person shall not feed or provide food to any wild or uncaged bird that is not permitted to be\nkept by them under this local law or another written law, so as to cause a nuisance.\n(2) Where an authorised person is satisfied that a person has not complied with subclause 4.9(1)\nthe authorised person may serve the person a notice requiring the person to clean up and\nproperly dispose of any feed or waste products specified in the notice.\n1.21 Part 4, Division 5 amended\nIn Part 4, Division 5—\n(a) renumber clauses 4.11 and 4.12 to clauses 4.10 and 4.11 respectively;\n(b) in clause 4.11(1) amend “Schedule 6” to “Schedule 2”; and\n(c) in clause 4.11(2) insert the numbers “4.11” before “(1)”.\n1.22 Part 5 amended\nIn clause 5.1 remove the subclause designator “(1)” and insert the words “or an authorised person” after\nthe words “local government”.\n1.23 Part 6, Division 1 amended\nIn Part 6, Division 1—\n(a) clause 6.3(1) is amended by deleting “3.6(2), 3.7(2), 3.10(1), 3.11(1)” and replacing with “3.8(2),\n3.9(2), 3.12(1)”;\n(b) in clause 6.3(2) insert the numbers “6.3” before “(1)”; and\n(c) in clause 6.3(3) insert the numbers “6.3” before “(2)”.\n1.24 Schedule 1—Pest Plants amended\nIn Schedule 1—\n(a) Amend the table by inserting the following names in alphabetical order—\n(i) African Daisy\nGazania sp.\n(ii) Capeweed\nArctotheca calendula\n(iii) Century Plant\nAgave americana\n(iv) Dolichos pea\nDipogon lignosus\n(v) Fumitory\nFumaria capreolata\n\n7 October 2024 GOVERNMENT GAZETTE, WA 2407\n(vi) Geraldton Wax\nChamelaucium uncinatum\n(vii) Golden Crown Beard\nVerbesina encelioides\n(viii) Pretty Betsy\nCentranthus macrosiphon\n(ix) Spiderwort\nTradescantia sp.\n(x) Veldt Daisy\nOsteospermum ecklonis\n(xi) Vetch\nVicia sativa\n(xii) Wild Gladiolus\nGladiolus undulatus, Gladiolus caryophyllaceus\n(b) delete the reference to Madeira Creeper\nAnredera Cordifolia.\n1.25 Schedule 2—Pest Plant Notice\nThe Pest Plant Notice is amended by deleting “\nAgriculture and Related Resources Protection Act 1976”\nand inserting “\nBiosecurity and Agriculture Management Act 2007”.\n1.26 Schedule 3—Prescribed Offences\nDelete the table in Schedule 3 and insert as follows—\nItem\nNo.\nClause Description\nModified\nPenalty—\nFirst\nOffence\nModified\nPenalty—\nSubsequent\nOffences\n1 2.2 Failure to comply with requirements for\nkeeping poultry $250 $500\n2 2.3 Failure to comply with requirements for\nkeeping pigeons $250 $500\n3 2.4 Failure to comply with requirements for\nkeeping aviary birds $250 $500\n4 2.5 Keeping a rooster, goose or gander, turkey,\npeacock, or peahen on premises $250 $500\n5 2.6 Keeping birds so as to cause a nuisance $250 $500\n6 2.7(1)(a) Keeping a farm animal without a permit $250 $500\n7 2.11 Failure to comply with requirements for\nkeeping farm animals $250 $500\n8 2.12 Nuisance caused by farm animal $250 $500\n9 2.14 Failure to comply with requirements for\nbeekeeping $250 $500\n10 2.15 Nuisance caused by bees or hives $250 $500\n11 2.16 Failure to comply with notice to remove bees or\nhives $250 $500\n12 3.1(1)(a)\nFailure to provide or maintain an Approved\nReceptacle on a building site or development\nsite\n$250 $500\n13 3.1(1)(b) Failure to place, and secure, all building waste\nin an Approved Receptacle $250 $500\n14 3.1(1)(c) Failure to keep secure cover of Approved\nReceptacle $250 $500\n15 3.1(1)(d) Failure to maintain Approved Receptacle in an\neffective and operable condition $250 $500\n16 3.2 Failure to control refuse on a building site or\ndevelopment site $250 $500\n17 3.3 Unauthorised storage of materials $250 $500\n18 3.4(1) Release or escape of dust, sand or sand drift or\nliquid waste from land $250 $500\n19 3.5\nFailure to take reasonable steps to prevent a\nload or any part of it escaping from a vehicle\nduring transportation\n$250 $500\n20 3.6 Failing to dispose of liquid waste in an\napproved manner $250 $500\n21 3.7 Failing to ensure no vegetation or other\nmaterial burnt $500 $500\n22 3.8(1)(a)\nKeeping or allowing to be kept on a lot refuse,\nrubbish or disused material giving the land an\nuntidy appearance\n$250 $500\n\n2408 GOVERNMENT GAZETTE, WA 7 October 2024\nItem\nNo.\nClause Description\nModified\nPenalty—\nFirst\nOffence\nModified\nPenalty—\nSubsequent\nOffences\n23 3.8(1)(b)\nKeeping on a lot refuse, rubbish or disused\nmaterial likely to adversely affect the health\nand safety the inhabitants of that property or\nadjoining property\n$250 $500\n24 3.9(1)(a)\nKeeping or allowing to be kept on a lot\nunsightly overgrowth of vegetation giving the\nland an untidy appearance\n$250 $500\n25 3.9(1)(b)\nKeeping on a lot unsightly overgrowth of\nvegetation likely to adversely affect the health\nand safety of the inhabitants of that property\nor adjoining property\n$250 $500\n26 3.10 (1)(a)\nStore or allow to remain on land more than one\nvehicle, vessel or machinery in a state of\ndisrepair\n$250 $500\n27 3.10 (1)(b)\nStore or allow to remain on land any vehicle,\nvessel or machinery in a state of disrepair for a\nperiod in excess of 1 month\n$250 $500\n28 3.10 (1)(c) Store or allow to remain on land any vehicle,\nvessel or machinery parts (including tyres) $250 $500\n29 3.10(1)(d) Wreck, dismantle or break up any vehicle part\nor body, vessel or machinery $250 $500\n30 3.10(1)(e) Wreck, dismantle or break up a vehicle, vessel\nor machinery so as to cause a nuisance $250 $500\n31 3.11 Disposing of disused refrigerator or similar\ncontainer with door or lid that can be fastened $250 $500\n32 4.1 Erection or use of lighting installations other\nthan in accordance with requirements $250 $500\n33 4.2 Emitting light more than 50 lux $250 $500\n34 4.4 Non-compliant burning of rubbish, vegetation\nor other materials $250 $500\n35 4.5\nCause or permit the escape of smoke, fumes,\nodours and other emissions so as to cause a\nnuisance\n$250 $500\n36 4.6\nFailure to ensure that all rainwater or storm\nwater received by a lot and any building, house\nor structure on the lot, is contained within the\nlot\n$250 $500\n37 4.7\nFailure to maintain all subsurface stormwater\ndisposal systems in a good state of repair and\nfree from obstruction\n$250 $500\n38 4.8 Discharging swimming pool backwash onto\nadjacent land $250 $500\n39 4.9(1)(a)\nFeeding an uncaged or wild bird causing a\nnuisance $250 $500\n40 4.11(2) Failure to comply with Pest Plant Notice $250 $500\n41 6.4(1)(b) Failure to comply with notice $250 $500\nDated this 30th of September 2024.\nThe Common Seal of the City of Mandurah was affixed by authority of a resolution of the Council in\nthe presence of—\nRHYS WILLIAMS, Mayor.\nJAMES CAMPBELL-SLOAN, Acting Chief Executive Officer.\n———————————\n\n7 October 2024 GOVERNMENT GAZETTE, WA 2409\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\nCITY OF MANDURAH\nWASTE LOCAL LAW 2024\nUnder the powers conferred on it by the\nWaste Avoidance and Resource Recovery Act 2007, the\nLocal\nGovernment Act 1995 and under all other enabling powers, the Council of the City of Mandurah\nresolved on 24 September 2024 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Short title\nThis is the\nCity of Mandurah Waste Local Law 2024.\n1.2 Commencement\nThis local law commences 14 days after the day on which it is published in the\nGovernment Gazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Repeal\nThe City of Mandurah’s Waste Management Local Law 2010, published in the\nGovernment Gazette on\n18 February 2011 and as amended on 20 July 2012, is repealed.\n1.5 Meaning of the terms used in this local law\n(1) In this local law—\nauthorised person means a person appointed by the local government under section 9.10 of the\nLG Act to perform any of the functions of an authorised person under this local law;\ncollectable waste means local government waste that is not—\n(a) liquid refuse;\n(b) liquid waste; or\n(c) non-collectable waste;\ncollectable waste receptacle means a receptacle for the deposit and collection of collectable\nwaste that is—\n(a) a recycling waste receptacle;\n(b) a general waste receptacle; or\n(c) an organic waste receptacle;\ncollection, when used in relation to a receptacle, means the collection and removal of collectable\nwaste from the receptacle by the local government or its contractor;\ncollection day means the day determined by the local government for the collection of collectable\nwaste in the district or a part of the district;\ncollection time means the time on the collection day determined by the local government for the\ncollection of collectable waste in the district or a part of the district;\ncosts of the local government include administrative costs;\nCouncil means the council of the local government;\ndistrict means the district of the local government;\ngeneral waste receptacle means a receptacle for the deposit and collection of collectable waste\nthat is not recycling waste;\nLG Act means the\nLocal Government Act 1995;\nLG\nRegulations means the Local Government (Functions and General) Regulations 1996;\nlocal government means\nCity of Mandurah;\nlocal government waste has the same meaning as in the WARR Act;\nnon-collectable waste has the meaning set out in Schedule 1;\noccupier in relation to premises, means any or all of the following—\n(a) a person by whom or on whose behalf the premises are actually occupied; or\n(b) a person having the management or control of the premises;\norganic waste means waste that decomposes readily, such as garden waste or food waste;\norganic waste receptacle means a receptacle for the deposit and collection of organic waste;\nowner has the same meaning as in the LG Act;\npublic place includes a place to which the public ordinarily have access, whether or not by\npayment of a fee;\n\n2410 GOVERNMENT GAZETTE, WA 7 October 2024\nreceptacle, means a receptacle\n—\n(a) that has been supplied for the use of the premises by the local government or its\ncontractor, or which has otherwise been approved by the local government; and\n(b) the waste from which is collected and removed from the premises by the local government\nor its contractor;\nrecycling waste receptacle means a receptacle for the deposit and collection of recycling waste;\nrecycling waste 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;\nspecified means specified by the local government or an authorised person, as the case may be;\nstreet alignment means the boundary between the land comprising a street and the land that\nabuts the street;\nWARR Act means the\nWaste Avoidance and Resource Recovery Act 2007;\nWARR Regulations means the\nWaste Avoidance and Resource Recovery Regulations 2008;\nwaste has the same meaning as in the WARR Act;\nwaste facility means a waste facility, as defined in the WARR Act, that is operated by the local\ngovernment; and\nwaste service has the same meaning as in the WARR Act.\n(2) 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.\n1.6 Local public notice of determinations\nWhere, under this local law, the local government has a power to determine a matter–\n(a) local public notice, under section 1.7 of the LG Act, must be given of the matter determined;\n(b) the determination becomes effective only after local public notice has been given;\n(c) the determination remains in force for the period of one year after the date that local public\nnotice has been given under subclause (a);\n(d) after the period referred to in subclause (c), the determination continues in force only if, and\nfor so long as, it is the subject of local public notice, given annually, under section 1.7 of the LG\nAct; and\n(e) the determination must be recorded in a publicly accessible register of determinations that\nmust be maintained by the local government.\n1.7 Rates, fees and charges\nThe local government’s powers to impose rates, fees and charges in relation to waste services are set\nout in sections 66 to 68 of the WARR Act and sections 6.16 and 6.17 of the LG Act.\n1.8 Power to provide waste services\nThe local government’s power to provide, or enter into a contract for the provision of, waste services is\ndealt with in section 50 of the WARR Act.\nPART 2—LOCAL GOVERNMENT WASTE\n2.1 Supply of receptacles\n(1) The local government is to supply, for the use of each premises that are, or are capable of being,\noccupied or used for residential purposes, one or more receptacles for the collection and removal,\nfrom those premises, of collectable waste.\n(2) The owner of premises to which subclause (1) applies must—\n(a) ensure that the fee or charge (if any) imposed by the local government in relation to each\nreceptacle is paid to the local government; and\n(b) ensure that each receptacle is used, in respect of those premises, in accordance with this local\nlaw.\n2.2 Deposit of waste in receptacles\n(1) An owner or occupier of premises must not deposit or permit to be deposited in a receptacle any\nnon-collectable waste.\n(2) A person must not deposit waste in a receptacle that has been provided for the use of other premises\nwithout the consent of the owner or occupier of those premises.\n\n7 October 2024 GOVERNMENT GAZETTE, WA 2411\n2.3 General waste receptacles\n(1) An owner or occupier of premises must not deposit or permit to be deposited in a general waste\nreceptacle—\n(a) where the receptacle has a capacity of 240 litres—more than 70 kilograms of collectable waste;\nor\n(b) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n(2) Where the local government supplies recycling waste receptacles, an owner or occupier of premises\nmust not deposit or permit to be deposited in a general waste receptacle any recycling waste.\n(3) Where the local government supplies organic waste receptacles, an owner or occupier of premises\nmust not deposit or permit to be deposited in a general waste receptacle any organic waste.\n2.4 Recycling waste receptacles\nAn owner or occupier of premises must not deposit or permit to be deposited in a recycling waste\nreceptacle—\n(a) anything other than the particular type of recycling waste for which that receptacle was\nprovided by the local government for those premises;\n(b) where the receptacle has a capacity of 240 litres— more than 70 kilograms of recycling waste;\nor\n(c) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n2.5 Organic waste receptacles\nAn owner or occupier of premises must not deposit or permit to be deposited in an organic waste\nreceptacle—\n(a) anything other than the particular type of organic waste for which that receptacle was provided\nby the local government for those premises;\n(b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of organic waste; or\n(c) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n2.6 Direction to place or remove a receptacle\n(1) The local government or an authorised person may give a written direction to an owner or occupier\nof specified premises—\n(a) to place a receptacle in respect of those premises for collection; or\n(b) to remove a receptacle in respect of those premises after collection.\n(2) The direction under subclause (1) may specify when the placement or removal is to occur, or where\nthe receptacle is to be placed, or both.\n(3) An owner or occupier of premises must comply with a direction given under this clause.\n2.7 Duties of owner or occupier\nAn owner or occupier of premises must—\n(a) except for a reasonable period before and after collection time, keep each receptacle in a storage\nspace or area that is behind the street alignment;\n(b) take reasonable steps, if placing a receptacle for collection on the verge adjoining the premises,\nor other area as determined by the local government, ensure that, within a reasonable period\nbefore collection time, each receptacle is—\n(i) within 1 metre of the carriageway;\n(ii) placed so that it does not unduly obstruct any footpath, cycle way, right-of-way, or\ncarriageway; and\n(iii) facing squarely to the edge of and opening towards the carriageway, or in such other\nposition as is approved in writing by the local government or an authorised person; and\n(c) if the receptacle is lost, stolen, damaged or defective, notify the local government, as soon as\npracticable, after the event.\n2.8 Exemption\n(1) An owner or occupier of premises may apply in writing to the local government for an exemption\nfrom compliance with the requirements of clause 2.7(a) or (b).\n(2) The local government or an authorised person may grant, with or without conditions, or refuse an\napplication for exemption from compliance under this clause.\n(3) An exemption granted under this clause must state—\n(a) the premises to which the exemption applies;\n(b) the period during which the exemption applies; and\n(c) any conditions imposed by the local government or the authorised person.\n(4) An exemption granted under this clause ceases to apply—\n(a) if the local government decides, on reasonable grounds, that there has been a failure to comply\nwith a condition of the exemption; and\n\n2412 GOVERNMENT GAZETTE, WA 7 October 2024\n(b) from the date that the local government informs the owner or occupier of its decision under\nclause 2.8(4)(a).\n2.9 Damaging or removing receptacles\nA person, other than the local government or its contractor, must not—\n(a) damage, destroy or interfere with a receptacle; or\n(b) except as permitted by this local law or as authorised by the local government or an authorised\nperson, remove a receptacle from any premises to which it was delivered by the local\ngovernment or its contractor.\n2.10 Verge collections\n(1) Where the local government has advertised a verge waste collection (such as a green waste, or a\nbulk waste, verge collection) a person, unless with and in accordance with the approval of the local\ngovernment or an authorised person—\n(a) must deposit waste only during the period of time, and in accordance with other terms and\nconditions, as advertised by the local government in relation to that verge waste collection; and\n(b) must otherwise comply with those terms and conditions.\n(2) Where waste has been deposited on a verge for a verge waste collection, a person must not remove\nany of that waste for a commercial purpose but may remove it for any other purpose.\n(3) Except where waste is lawfully removed from a verge under this clause, a person must not\ndisassemble or tamper with any waste deposited on a verge for a verge waste collection so as to\nincrease the risk of harm to any person.\n(4) Clause 2.10(2) does not apply to the local government or a person engaged or contracted by the local\ngovernment in relation to the verge waste collection.\nPART 3—GENERAL DUTIES\n3.1 Duties of an owner or occupier\nAn owner or occupier of premises must—\n(a) take reasonable steps to ensure that a sufficient number of receptacles are provided to contain\nall waste which accumulates or may accumulate in or from the premises;\n(b) ensure that each receptacle is kept in good condition and repair;\n(c) take all reasonable steps to—\n(i) prevent fly breeding and keep each receptacle free of flies, maggots, cockroaches, rodents\nand other vectors of disease;\n(ii) prevent the emission of offensive or noxious odours from each receptacle; and\n(iii) ensure that each receptacle does not cause a nuisance to an occupier of adjoining\npremises; and\n(d) whenever directed to do so by the local government or an authorised person, thoroughly clean,\ndisinfect, deodorise and apply a residual insecticide to each receptacle.\n3.2 Removal of waste from premises\n(1) A person must not remove any waste 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 or an authorised person.\n(2) A person must not remove any waste from a receptacle without the approval of—\n(a) the local government or an authorised person; or\n(b) the owner or occupier of the premises at which the receptacle is ordinarily kept.\n3.3 Receptacles and containers for public use\nA person must not, without the approval of the local government or an authorised person—\n(a) deposit household, commercial or other waste from any premises on or into; or\n(b) remove any waste from,\na receptacle provided for the use of the general public in a public place.\nPART 4—OPERATION OF WASTE FACILITIES\n4.1 Operation of this Part\nThis Part applies to a person who enters a waste facility.\n4.2 Hours of operation\nThe local government may from time to time determine the hours of operation of a waste facility.\n4.3 Signs and directions\n(1) The local government or an authorised person may regulate the use of a waste facility—\n(a) by means of a sign; or\n\n7 October 2024 GOVERNMENT GAZETTE, WA 2413\n(b) by giving a direction to a person within a waste facility.\n(2) A person within a waste facility must comply with a sign or direction under subclause (1).\n(3) The local government or an authorised person may direct a person who commits, or is reasonably\nsuspected by the local government or the authorised person of having committed, an offence under\nthis clause to leave the waste facility immediately.\n(4) A person must comply with a direction under subclause (3).\n4.4 Fees and charges\n(1) Unless subclause (3) applies, a person must, on or before entering a waste facility or on demand by\nthe local government or an authorised person, pay the fee or charge as assessed by an authorised\nperson.\n(2) An authorised person may assess the fee or charge in respect of a particular load of waste at a rate\nthat applies to any part of that load, even if that rate is higher than the rate that would apply to\nany other part of the load.\n(3) Subclause (1) does not apply—\n(a) to a person who disposes of waste in accordance with the terms of—\n(i) a credit arrangement with the local government; or\n(ii) any other arrangement with the local government to pay the fee or charge at a different\ntime or in a different manner; and\n(b) to the deposit of waste owned by the local government, or in the possession of an employee on\nbehalf of the local government.\n4.5 Depositing waste\n(1) A person must not deposit waste at a waste facility other than—\n(a) at a location determined by a sign and in accordance with the sign; and\n(b) in accordance with the direction of an authorised person.\n(2) The local government may determine the classification of any waste that may be deposited at a\nwaste facility.\n4.6 Prohibited activities\n(1) Unless authorised by the local government, a person must not—\n(a) remove any waste or any other thing from a waste facility;\n(b) deposit at a waste facility that is a landfill site any waste that is toxic, poisonous or hazardous,\nor the depositing of which is regulated or prohibited by any written law;\n(c) light a fire in a waste facility;\n(d) remove, damage or otherwise interfere with any flora in a waste facility;\n(e) remove, injure or otherwise interfere with any fauna in a waste facility; or\n(f) damage, deface or destroy any building, equipment, plant or property within a waste facility.\n(2) A person must not act in an abusive or threatening manner towards any person using, or engaged\nin the management or operation of, a waste facility.\nPART 5—ENFORCEMENT\n5.1 Objection and appeal rights\nDivision 1 of Part 9 of the LG Act applies to a decision under this local law to grant, renew, vary or\ncancel—\n(a) an approval under clause 2.7(b);\n(b) an exemption under clause 2.8(2);\n(c) an approval under clause 2.9(b);\n(d) an approval under clause 2.10(1);\n(e) an authorisation under clause 3.2(1)(c);\n(f) an approval under clause 3.2(2); and\n(g) an approval under clause 3.3.\n5.2 Offences and general penalty\n(1) A person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law a person is prohibited from doing, commits an offence.\n(2) A person who commits an offence under this local law is liable, on conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to a further penalty not exceeding\n$500 in respect of each day or part of a day during which the offence has continued.\n5.3 Other costs and expenses\n(1) A person who is convicted of an offence under this local law is to be liable, in addition to any penalty\nimposed under clause 5.2, to pay to the local government the costs and expenses incurred by the\nlocal government in taking remedial action such as—\n(a) removing and lawfully disposing of toxic, hazardous or poisonous waste; or\n\n2414 GOVERNMENT GAZETTE, WA 7 October 2024\n(b) making good any damage caused to a waste facility.\n(2) The costs and expenses incurred by the local government are to be recoverable, as a debt due to the\nlocal government, in a court of competent civil jurisdiction.\n5.4 Prescribed offences\n(1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section\n9.16(1) of the LG Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 2.\n5.5 Form of notices\n(1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in\nsection 9.13 of the LG Act is that of Form 1 in Schedule 1 of the LG Regulations.\n(2) The form of the infringement notice given under section 9.16 of the LG Act is that of Form 2 in\nSchedule 1 of the LG Regulations.\n(3) The form of the infringement withdrawal notice given under section 9.20 of the LG Act is that of\nForm 3 in Schedule 1 of the LG Regulations.\n————\nSCHEDULE 1—MEANING OF ‘NON-COLLECTABLE WASTE’\n[Clause 1.5(1)]\nnon-collectable waste means—\n(a) hot or burning material;\n(b) household hazardous waste, including paint, acids, alkalis, fire extinguishers, solvents,\npesticides, oils, gas cylinders, batteries, chemicals and heavy metals;\n(c) any other hazardous material, such as radioactive waste;\n(d) any explosive material, such as flares or ammunition;\n(e) electrical and electronic equipment;\n(f) hospital, medical, veterinary, laboratory or pathological substances;\n(g) construction or demolition waste;\n(h) sewage;\n(i) ’controlled waste’ for the purposes of the\nEnvironmental Protection (Controlled Waste)\nRegulations 2004;\n(j) any object that is greater in length, width, or breadth than the corresponding dimension of the\nreceptacle or that will not allow the lid of the receptacle to be tightly closed;\n(k) waste that is or is likely to become offensive or a nuisance, or give off an offensive or noxious\nodour, or to attract flies or cause fly breeding unless it is first wrapped in non-absorbent or\nimpervious material or placed in a sealed impervious and leak-proof container; and\n(l) any other waste determined by the local government to be non-collectable waste.\n————\nSCHEDULE 2\nCity of Mandurah\nWaste Local Law 2024\nPrescribed Offences\nItem\nNo. Clause No. Description Modified\nPenalty\n1 2.1(2)(a) Failing to pay fee or charge $350\n2 2.1(2)(b) Failing to ensure lawful use of receptacle $350\n3 2.2(1) Depositing non-collectable waste in a receptacle $350\n4 2.2(2) Depositing waste in another receptacle without consent $350\n5 2.3(1) Exceeding weight capacity of a general waste receptacle $350\n6 2.3(2) & (3) Depositing unauthorised waste in a general waste\nreceptacle $350\n7 2.4(a) Depositing unauthorised waste in a recycling waste\nreceptacle $350\n8 2.4(b) & (c) Exceeding weight capacity of a recycling waste receptacle $250\n9 2.5(a) Depositing unauthorized waste in an organic waste\nreceptacle $350\n10 2.5(b) & (c) Exceeding weight capacity of an organic waste receptacle $350\n\n7 October 2024 GOVERNMENT GAZETTE, WA 2415\nItem\nNo. Clause No. Description Modified\nPenalty\n11 2.6(3) Failing to comply with a direction concerning placement or\nremoval of a receptacle $250\n12 2.7(a) Failing to keep a receptacle in the required location $250\n13 2.7(b) Failing to place a receptacle for collection in a lawful\nposition $250\n14 2.7(c) Failing to notify of a lost, stolen, damaged or defective\nreceptacle $250\n15 2.9(a) Damaging, destroying or interfering with a receptacle $400\n16 2.9(b) Removing a receptacle from premises $400\n17 2.10(1) Failing to comply with a term or condition of verge waste\ncollection $400\n18 2.10(2) Removing waste for commercial purposes $350\n19 2.10(3) Disassembling or leaving in disarray waste deposited for\ncollection $250\n20 3.1(a) Failing to provide a sufficient number of receptacles $250\n21 3.1(b) Failing to keep a receptacle clean and in a good condition\nand repair $250\n22 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a\nreceptacle $350\n23 3.1(c)(ii) Failing to prevent the emission of offensive odours from a\nreceptacle $350\n24 3.1(c)(iii) Allowing a receptacle to cause a nuisance $350\n25 3.1(d) Failing to comply with a direction to clean, disinfect or\ndeodorise receptacle $300\n26 3.2(1) Unauthorised removal of waste from premises $250\n27 3.2(2) Removing waste from a receptacle without approval $250\n28 4.3(2) Failing to comply with a sign or direction $500\n29 4.3(4) Failing to comply with a direction to leave $500\n30 4.4(1) Disposing waste without payment of fee or charge $500\n31 4.5(1) Depositing waste contrary to sign or direction $500\n32 4.6(1)(a) Removing waste without authority in a waste facility $250\n33 4.6(1)(b) Depositing toxic, poisonous or hazardous waste at a waste\nfacility $500\n34 4.6(1)(c) Lighting a fire in a waste facility $300\n35 4.6(1)(d) Removing or interfering with any flora in a waste facility $300\n36 4.6(1)(e) Removing or interfering with any fauna without approval\nin a waste facility $300\n37 4.6(1)(f) Damaging, defacing or destroying any building, equipment,\nplant or property within a waste facility $500\n38 4.6(2) Acting in an abusive or threatening manner $300\nDated this 30th of September 2024.\nThe Common Seal of the City of Mandurah was affixed by authority of a resolution of the Council in\nthe presence of—\nRHYS WILLIAMS, Mayor.\nJAMES CAMPBELL-SLOAN, Acting Chief Executive Officer.\nConsented to—\nALISTAIR JONES, Director General,\nDepartment of Water and Environmental Regulation.\nDated this 5th of August 2024.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument changes the scope of local regulation compared with the prior instruments it amends/repeals. It amends the City of Mandurah Animals, Environment and Nuisance Local Law 2010 (see Part 1, clauses 1.3–1.5 amendments) by: introducing permit requirements and decision processes for keeping farm animals (clauses 2.7–2.11); imposing numeric caps and siting/enclosure rules for poultry, pigeons and aviary birds (clauses 2.1–2.4); adding specific beekeeping registration, hive limits and setback rules (clauses 2.13–2.16); widening building‑site, dust/sand and unsightly‑land controls (clauses 3.1–3.10); and updating the pest plant list (Schedule 1) and penalty schedule (Schedule 3). It also repeals the 2010 Waste Management Local Law and replaces it with a new Waste Local Law that centralises receptacle supply and use obligations (clause 2.1), defines non‑collectable waste (Schedule 1), prescribes collection and placement rules (clauses 2.2–2.7), and establishes a new schedule of prescribed offences and modified penalties for waste matters (Schedule 2). These changes expand regulatory specificity, introduce new permit/exemption decision points, and reset offence/penalty structures."},"complexity_factors":["Two separate local laws made together (Animals, Environment & Nuisance amendments and a new Waste Local Law) increasing cross-instrument interactions.","Frequent cross‑references to State legislation and regulations (Health (Misc Provisions) Act 1911, Biosecurity and Agriculture Management Act 2007, WARR Act, Public Health Act 2016, LG Act) requiring readers to consult multiple external sources.","Numerous numeric and locational prescriptions (e.g. poultry and pigeon caps, setback distances, hive caps and distances) that create many compliance thresholds (see clauses 2.1, 2.2, 2.3, 2.14).","New permit regime and discretionary decision‑making for farm animals (clause 2.7–2.11) and exemption processes for waste receptacle placement (clause 2.8) increase administrative burden and require internal procedures.","Detailed operational requirements for building sites, dust/sand control and liquid waste with specified compliance and notice timelines (clauses 3.1–3.6, especially 3.1 and 3.4).","Expanded enforcement architecture: modified penalty schedules, prescribed offences and cost recovery provisions across both instruments (Schedule 3 in Animals instrument; Schedules 1–2 in Waste Law; clauses 5.2–5.5 in Waste Law).","Updates to schedules (pest plant list, pest plant notice, prescribed offences) mean practical scope changes that require affected parties to re-check lists rather than rely on prior practice (Schedule 1 and Schedule 2/3 references).","Operational details (receptacle capacities, weight limits, collection placement rules) create many factual determinations for authorised officers and recurring annual determinations that must be publicly noticed (Waste Law clauses 1.6, Part 2 provisions)."],"plain_english_summary":"Amends the City of Mandurah’s animals, environment and nuisance rules and replaces its 2010 waste local law. Mechanically it revises definitions; sets numeric limits, placement and enclosure requirements for poultry, pigeons, aviary birds, bees and farm animals (introducing permits for farm animals and registration requirements for beekeepers); tightens building‑site, dust/sand and unsightly‑land controls; updates pest plants; and establishes offence lists and fines. The Waste Local Law prescribes receptacle supply, collection rules, prohibited materials, fees and infringement penalties."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Animals Environment and Nuisance law has expanded significantly beyond its original 2010 scope. While originally focused primarily on animal keeping and basic nuisance, the 2024 amendments add substantial new environmental controls including: detailed beekeeping regulations (previously absent or minimal), specific dust and sand drift controls with enforcement powers, swimming pool backwash disposal rules, and explicit restrictions on feeding wild birds. The Waste Local Law 2024 appears to be a consolidation rather than expansion, replacing the 2010 version with updated references to the WARR Act 2007, but maintains similar scope."},"complexity_factors":["Two distinct local laws combined in one gazettal notice with overlapping citation information","Extensive cross-referencing to multiple state Acts: Local Government Act 1995, Health (Miscellaneous Provisions) Act 1911, Biosecurity and Agriculture Management Act 2007, Waste Avoidance and Resource Recovery Act 2007, Public Health Act 2016, and various regulations","Numerous defined terms (approximately 25 in the Waste Local Law alone, plus multiple amended definitions in the Animals law)","Complex amendment structure in the Animals law requiring readers to mentally reconstruct the principal 2010 law with deletions, insertions, and renumberings throughout","Nested conditions and exceptions (e.g., beekeeping rules vary by property size; pigeon keeping rules vary by affiliation status; multiple exemptions and approval processes)","Detailed schedules with specific penalty amounts for 41 different offences in the Animals law and 38 in the Waste law","Technical specifications (e.g., AS/NZS 3500 for stormwater, specific distances in metres for animal enclosures, cubic metre capacities for waste receptacles)","Dual enforcement mechanisms: modified penalties (infringement notices) under Schedule 3 and general penalties up to $5,000 under clause 5.2 of the Waste law"],"plain_english_summary":"Two new City of Mandurah local laws, effective October 2024: an Animals, Environment and Nuisance Amendment that updates rules on keeping poultry, bees and farm animals, tightens building‑site and environmental nuisance controls, and refreshes pest‑plant and unsightly‑property rules; and a Waste Local Law replacing the 2010 regime to specify bin contents/weights, verge collections, tip use and penalties. Both affect residents, builders, waste‑facility users and give the council clearer enforcement powers."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-mandurah-animals-environment-and-nuisance-amendment-local-law-2024","history":"/api/acts/city-of-mandurah-animals-environment-and-nuisance-amendment-local-law-2024/history","analysis":"/api/acts/city-of-mandurah-animals-environment-and-nuisance-amendment-local-law-2024/analysis","conflicts":"/api/acts/city-of-mandurah-animals-environment-and-nuisance-amendment-local-law-2024/conflicts","importantCases":"/api/acts/city-of-mandurah-animals-environment-and-nuisance-amendment-local-law-2024/important-cases","documents":"/api/acts/city-of-mandurah-animals-environment-and-nuisance-amendment-local-law-2024/documents"}}