{"id":"wa-local:rockingham-city-of-city-of-rockingham-dogs-amendment-local-law-2018","name":"City of Rockingham Dogs Amendment Local Law 2018","slug":"city-of-rockingham-dogs-amendment-local-law-2018","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438841,"registerId":"wa-local:rockingham-city-of-city-of-rockingham-dogs-amendment-local-law-2018-pdf-1775955102526","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"City of Rockingham Dogs Amendment Local Law 2018","content":"!2019009GG!\n135\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, FRIDAY, 18 JANUARY 2019 No. 9 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.30 PM\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nCITY OF ROCKINGHAM\nLOCAL LAWS\nPage\nBush Fire Control and Bush Fire Brigades Amendment Local Law 2018 ...................... 137\nCats Local Law 2018............................................................................................................ 139\nDogs Amendment Local Law 2018 ..................................................................................... 143\nPest Plants Amendment Local Law 2018 .......................................................................... 145\nRepeal and Amendment Local Law 2018 ........................................................................... 147\nSand Drift Local Law 2018 ................................................................................................. 149\n\n\n\n18 January 2019 GOVERNMENT GAZETTE, WA 137\nBUSH FIRES ACT 1954\nLOCAL GOVERNMENT ACT 1995\nCITY OF ROCKINGHAM\nBUSH FIRE CONTROL AND BUSH FIRE BRIGADES\nAMENDMENT LOCAL LAW 2018\nUnder the powers conferred by the Local Government Act 1995, and all other powers enabling it, the\nCouncil of the City of Rockingham resolved on 27 November 2018 to make the following local law.\n1. Citation\nThis local law is cited as the City of Rockingham Bush Fire Control and Bush Fire Brigades\nAmendment Local Law 2018.\n2. Commencement\nThis local law comes into operation 14 days after its publication in the Government Gazette.\n3. Bush Fire Control and Bush Fire Brigades Local Law amended\nThe City of Rockingham Bush Fire Control and Bush Fire Brigades Local Law published in the\nGovernment Gazette on 7 November 2001, as amended and published in the Government Gazette\nNo. 172 on 10 September 2010 is amended as follows—\na. In clause 1.2(1) the following definitions are deleted—\n“authorised officer”\n“Authority”\n“brigade member”\n“brigade officer”\n“Bush Fires Advisory Committee”\n“Bush Fire Operating Procedures”\n“CEO”\n“Council”\n“fire fighting member”\n“firebreak period”\n“flammable matter”\n“Incident Management Team”\n“Officer in Charge of a fire or incident”.\nb. Clause 1.2(2) is deleted and replaced as follows—\n(2) In this local law, unless the context otherwise requires, a reference to—\n(a) a Captain;\n(b) a First Lieutenant;\n(c) a Second Lieutenant; and\n(d) any additional Lieutenants\nmeans a person holding that position in a bush fire brigade.\nc. Clause 2.1 is deleted and replaced as follows—\n2.1 Firebreaks to be cleared\nProvisions relating to the establishment and maintenance of firebreaks, and the powers of the\nlocal government to enter the property and establish firebreaks on default by an owner or\noccupier are dealt with in the Act.\nd. Clauses 2.2, 2.3, 2.4, and 2.5 are deleted.\ne. Clause 3.2 is deleted and replaced as follows—\n3.2 Name and officers of bush fire brigade\nOn establishing a bush fire brigade under clause 3.1(1) the local government is to—\n(a) give a name to the bush fire brigade;\n\n138 GOVERNMENT GAZETTE, WA 18 January 2019\n(b) specify the area in which the bush fire brigade is primarily responsible for carrying\nout the normal brigade activities; and\n(c) appoint—\n(i) a Captain;\n(ii) a First Lieutenant;\n(iii) a Second Lieutenant; and\n(iv) additional Lieutenants if the local government considers it necessary.\nf. Clause 3.3 is deleted.\ng. Clause 3.7 is deleted and replaced as follows—\n3.7 Dissolution of a bush fire brigade\nDissolution of a bush fire brigade is dealt with in the Act.\nh. Clause 3.8, Part 4, Part 5 and Part 7 are deleted.\n————\nDated: 5 December 2018.\nThe Common Seal of the City of Rockingham was affixed by authority of a resolution of the Council in\nthe presence of—\nB. SAMMELS, Mayor.\nM. PARKER, Chief Executive Officer.\n———————————\n\n18 January 2019 GOVERNMENT GAZETTE, WA 139\nCAT ACT 2011\nLOCAL GOVERNMENT ACT 1995\nCITY OF ROCKINGHAM\nCATS LOCAL LAW 2018\nUnder the powers conferred by the Cat Act 2011, the Local Government Act 1995 and all other powers\nenabling it, the Council of the City of Rockingham resolved on 27 November 2018 to make the\nfollowing local law.\nPART 1—PRELIMINARY\n1.1 Title\nThis is the City of Rockingham Cats Local Law 2018.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n1.3 Repeal\nDivision 4 of Part 6 of the City of Rockingham Health By-Laws 1996 published in the Government\nGazette 4 October 1996, is deleted.\n1.4 Terms used\n(1) In this local law, unless the context otherwise requires—\nAct means the Cat Act 2011;\napplicant means a person who applies for an approval;\napplication means an application for an approval;\napproval means approval under regulation 9 of the Cat (Uniform Local Provisions)\nRegulations 2013 and Part 2 of this local law;\napproved person means the person to whom an approval is granted;\nauthorised person means a person appointed by the local government to perform the functions\nconferred on an authorised person under this local law;\ncat has the meaning given to it in the Act;\nCEO means the Chief Executive Officer of the local government;\ndistrict means the district of the local government;\nlocal government means the City of Rockingham;\nlocal planning scheme means a local planning scheme made by the local government under the\nPlanning and Development Act 2005;\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;\nowner has the meaning given to it in the Act;\npremises has the meaning given to it in the Act; and\nveterinarian has the meaning given to it in the Act.\n(2) A term that is used in this local law and is not defined in subclause (1) has the same meaning\ngiven to it in the Act or, if not defined in the Act, the same meaning given to it in the Cat\nRegulations 2012, the Cat (Uniform Local Provisions) Regulations 2013 or the Local Government\nAct 1995.\n1.5 Application\nThis local law applies throughout the district.\n\n140 GOVERNMENT GAZETTE, WA 18 January 2019\nPART 2—NUMBER OF CATS THAT MAY BE KEPT\n2.1 Interpretation\nFor the purposes of applying this Part, a cat does not include a cat less than 6 months old.\n2.2 Prescribed premises\nFor the purposes of the definition of prescribed premises in regulation 4(1) of the Cat (Uniform\nLocal Provisions) Regulations 2013, this local law limits the number of cats that may be kept at any\npremises within the district except—\n(a) a cat management facility operated by a body prescribed as a cat management facility\noperator under the Cat Regulations 2012;\n(b) a cat management facility operated by the local government; or\n(c) a veterinary clinic or veterinary hospital as defined under section 2 of the Veterinary\nSurgeons Act 1960, but only in relation to cats kept on those premises for treatment.\n2.3 ‘Standard number of cats’\nFor the purposes of the definition of standard number of cats in regulation 4(1) of the Cat (Uniform\nLocal Provisions) Regulations 2013, no more than 2 cats may be kept on premises at which a member\nof a cat organisation is not ordinarily resident.\n2.4 Application for approval\n(1) An application for approval to keep an additional number of cats at prescribed premises is dealt\nwith in regulation 8 of the Cat (Uniform Local Provisions) Regulations 2013.\n(2) An application for approval must be accompanied by the application fee determined by the local\ngovernment.\n2.5 Determining an application\n(1) For the purpose of determining whether to grant approval for an application to keep an additional\nnumber of cats at prescribed premises, the local government must have regard to—\n(a) the zoning of the land under the local planning scheme;\n(b) the physical suitability of the premises for the proposed use;\n(c) the environmental sensitivity and general nature of the location surrounding the premises for\nthe proposed use;\n(d) the structural suitability of any enclosure in which any cat is to be kept;\n(e) the likelihood of a cat causing a nuisance, inconvenience or annoyance to an occupier of\nadjoining land;\n(f) the likely effect on the amenity of the surrounding area of the proposed use;\n(g) the likely effect on the local environment including any pollution or other environmental\ndamage, which may be caused by the proposed use; and\n(h) any other factors which the local government considers to be relevant in the circumstances of\nthe application.\n(2) An approval is to be in the form determined by the local government and is to be issued to the\napproved person.\n2.6 Conditions\n(1) For the purpose of ensuring that the premises to which an application relates are suitable for the\nadditional number of cats, the local government may impose any condition that it considers to be\nreasonably necessary for that purpose, including—\n(a) that the premises must be adequately fenced (and premises will be taken not to be adequately\nfenced if there is more than one escape of a cat from the premises);\n(b) that there must be adequate space for the exercise of the cats;\n(c) that, in the case of multiple dwellings where there is no suitable dividing fence, each current\noccupier of the adjoining multiple dwellings must give their written consent to the approval;\nand\n(d) that, without the consent of the local government, the approved person must not substitute or\nreplace any cat that dies or is permanently removed from the premises.\n(2) An approved person who does not comply with a condition of the approval, commits an offence.\nPenalty: a fine of not less than $1,000 and not exceeding $5,000, and if the offence is of a continuing\nnature, to an additional penalty not exceeding $500 for each day or part of a day during which the\noffence has continued.\n2.7 Renewal of an application\n(1) An application is to be renewed if—\n(a) the approved person has not breached the conditions of the approval;\n(b) the approval would have been granted if a fresh application for approval had been made; and\n(c) the renewal fee, imposed and determined by the local government under sections 6.16 to 6.19\nof the Local Government Act 1995, is paid to the local government before the expiry of the\napproval.\n(2) On the renewal of an approval, the conditions of the approval that applied immediately before the\nrenewal continue to have effect.\n\n18 January 2019 GOVERNMENT GAZETTE, WA 141\n2.8 Transfer of an approval\n(1) An approval relates only to the premises specified in the approval, and only to the approved person\nspecified in the approval, and is transferrable only in accordance with this clause 2.8.\n(2) An application for the transfer of an approval from the approved person to another person must\nbe—\n(a) made in the form determined by the local government;\n(b) made by the proposed transferee;\n(c) made with the consent of the approved person; and\n(d) lodged with the local government together with the fee for the application for the transfer of\nan approval that is imposed and determined by the local government under sections 6.16 to\n6.19 of the Local Government Act 1995.\n(3) The local government is not to determine an application for the transfer of an approval until the\nproposed transferee has complied with subclause (2).\n(4) The local government may grant, or refuse to grant, an application for the transfer of an approval,\nand this approval will be subject to such conditions as the local government may impose under\nRegulation 9(3) of the Cat (Uniform Local Provisions) Regulations 2013.\n(5) Where the local government grants an application for the transfer of an approval—\n(a) it is to issue to the transferee an approval in the form determined by the CEO; and\n(b) on the date of approval, unless otherwise specified in the approval, the transferee becomes\nthe approved person for the purposes of this local law.\n2.9 Variation or cancellation of an approval\n(1) The local government may, at any time, vary the conditions of an approval by giving written notice\nto the permit holder and specifying the date on which the changes will become effective.\n(2) The local government may cancel an approval—\n(a) on the request of the approved person;\n(b) if the approved person breaches the Act, the Cat Regulations 2012, the Cat (Uniform Local\nProvisions) Regulations 2013 or this local law; or\n(c) if the approved person is not a fit and proper person to provide for the health and welfare of\nthe cats.\n(3) If an approval is cancelled, the fee paid for the approval is not refundable for the term of the\napproval that has not yet expired.\n2.10 Objection and review rights\nA decision of the local government made under clauses 2.7, 2.8 or 2.9 is a decision to which Division 1,\nPart 9 of the Local Government Act 1995 applies.\nPART 3—ENFORCEMENT\n3.1 Infringement notices\n(1) An offence against clause 2.6(2) is a prescribed offence for the purposes of section 62(1) of the Act\nand the modified penalty for the offence is a fine of $200.\n(2) The form of an infringement notice is Form 6 in the Cat Regulations 2012, Schedule 1.\n(3) The form of withdrawal of the infringement notice is Form 7 in the Cat Regulations 2012,\nSchedule 1.\n————\nDated: 5 December 2018.\nThe Common Seal of the City of Rockingham was affixed by authority of a resolution of the Council in\nthe presence of—\nB. SAMMELS, Mayor.\nM. PARKER, Chief Executive Officer.\n———————————\n\n\n\n18 January 2019 GOVERNMENT GAZETTE, WA 143\nDOG ACT 1976\nLOCAL GOVERNMENT ACT 1995\nCITY OF ROCKINGHAM\nDOGS AMENDMENT LOCAL LAW 2018\nUnder the powers conferred by the Local Government Act 1995, and all other powers enabling it, the\nCouncil of the City of Rockingham resolved on 27 November 2018 to make the following local law.\n1. Citation\nThis local law is cited as the City of Rockingham Dogs Amendment Local Law 2018.\n2. Commencement\nThis local law comes into operation 14 days after its publication in the Government Gazette.\n3. Dogs Local Law amended\nThe City of Rockingham Dogs Local Law published in the Government Gazette on 4 December 2000,\nas amended and published in the Government Gazette on 6 May 2011 is amended as follows—\na. In clause 1.3 the following definitions are deleted—\n“pound keeper”\n“Regulations”\n“town planning scheme”\nb. In clause 1.3 the following definitions are inserted in alphabetic order—\n“local planning scheme” means a local planning scheme made by the local government\nunder the Planning and Development Act 2005;\n“Regulations” means the Dog Regulations 2013;\nc. Part 2 is deleted.\nd. Clause 3.1(3) is inserted as follows—\n3. Notwithstanding subclauses (1) and (2), the confinement of dangerous dogs is dealt\nwith in the Act and Regulations.\ne. The following is deleted from clause 3.1—\nPenalty: Where the dog kept is a dangerous dog, $2,000; otherwise $1,000.\nf. In subclauses 3.2(2)(a) and (b) and clauses 4.4 and 4.7(a), ‘town’ is replaced by ‘local’.\ng. Clause 4.9 is deleted and replaced with—\n4.9 Compliance with conditions of approval\nPenalties applicable where a licensee does not comply with the conditions of a licence are\ncontained in the Dog Act and Regulations.\nh. Part 5 is deleted.\ni. In clause 6.1(2) the words ‘Penalty: $200’ are deleted.\nj. Clause 7.2 is added as follows—\n7.2 Offences and general penalty\n(1) A person who fails to do anything required or directed to be done under this local law, or\nwho does anything which under this local law that person is prohibited from doing, commits\nan offence.\n(2) A person who commits an offence under this local law is liable, on conviction, to a penalty\nnot less than $500 and not exceeding $5,000, and if the offence is of a continuing nature, to an\nadditional penalty not exceeding $500 for each day or part of a day during which the offence\nhas continued.\nk. In clause 7.3 ‘8’ is replaced with ‘7’.\nl. Clause 7.7 is deleted.\nm. Clauses 7.3, 7.4, 7.5 and 7.6 are renumbered 7.4, 7.5, 7.6 and 7.7 respectively.\n\n144 GOVERNMENT GAZETTE, WA 18 January 2019\nn. Schedule 3 is deleted and replaced with the following—\nSchedule 3\nOffence Nature of offence\nModified\npenalty\n$\n3.1 Failing to provide means for effectively confining a dog 200\n6.1(2) Dog excreting in prohibited place 200\no. Schedule 4 is deleted.\n————\nDated: 5 December 2018.\nThe Common Seal of the City of Rockingham was affixed by authority of a resolution of the Council in\nthe presence of—\nB. SAMMELS, Mayor.\nM. PARKER, Chief Executive Officer.\n———————————\n\n18 January 2019 GOVERNMENT GAZETTE, WA 145\nBIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007\nLOCAL GOVERNMENT ACT 1995\nCITY OF ROCKINGHAM\nPEST PLANTS AMENDMENT LOCAL LAW 2018\nUnder the powers conferred by the Local Government Act 1995, the Biosecurity and Agriculture\nManagement Act 2007 and all other powers enabling it, the Council of the City of Rockingham\nresolved on 27 November 2018 to make the following local law.\n1. Citation\nThis local law is cited as the City of Rockingham Pest Plants Amendment Local Law 2018.\n2. Commencement\nThis local law comes into operation 14 days after its publication in the Government Gazette.\n3. Pest Plants Local Law amended\n(1) This local law amends the City of Rockingham Pest Plants Local Law published in the Government\nGazette on 12 January 2001, as amended and published in the Government Gazette on 10 September\n2010.\n(2) Schedule 1 is deleted and replaced with the following—\nSCHEDULE 1—PEST PLANTS\n(Clause 2.1)\nCommon name Scientific name\nTree of Heaven Ailanthus altissima\nBaboon Flower Babiana stricta\nFountain Grass Cenchrus setaceus\nPampas grass Cortaderia selloana\nNarrowleaf Cotton Bush Gomphocarpus fruticosus\nMorning Glory Ipomoea indica\nRed Cape Cowslip Lachenalia bulbifera\nYellow Soldier Lachenalia reflexa\nCoastal Tea Tree Leptospermum laevigatum\nWild Olive Olea europaea subsp. cuspidata\nChincherinchee Ornithogalum thyrsoides\nPeruvian Pepper Tree Schinus molle\nBrazilian Pepper Tree Schinus terebinthifolius\nCaltrop Tribulus terrestris\nWatsonia Watsonia meriana var. bulbillifera\n————\nDated: 5 December 2018.\nThe Common Seal of the City of Rockingham was affixed by authority of a resolution of the Council in\nthe presence of—\nB. SAMMELS, Mayor.\nM. PARKER, Chief Executive Officer.\n———————————\n\n\n\n18 January 2019 GOVERNMENT GAZETTE, WA 147\nLOCAL GOVERNMENT ACT 1995\nCITY OF ROCKINGHAM\nREPEAL AND AMENDMENT LOCAL LAW 2018\nUnder the powers conferred by the Local Government Act 1995, and all other powers enabling it, the\nCouncil of the City of Rockingham resolved on 27 November 2018 to make the following local law.\n1. Citation\nThis local law is cited as the City of Rockingham Repeal and Amendment Local Law 2018.\n2. Commencement\nThis local law comes into operation 14 days after its publication in the Government Gazette.\n3. Extractive Industries Local Law 2000 repealed\nThe City of Rockingham Extractive Industries Local Law 2000 published in the Government Gazette\non 21 March 2001 is repealed.\n4. Cemeteries Local Law 2000 amended\nIn Schedules 2 and 3 of the City of Rockingham Cemeteries Local Law 2000 published in the\nGovernment Gazette on 21 March 2001 delete ‘authorised person’ and replace with ‘authorised officer’.\n5. Health By-laws 1996 amended\nDivision 7 -Bee Keeping of Part 7 of the City of Rockingham Health By-laws 1996 published in the\nGovernment Gazette on 4 October 1996 is repealed.\n————\nDated: 5 December 2018.\nThe Common Seal of the City of Rockingham was affixed by authority of a resolution of the Council in\nthe presence of—\nB. SAMMELS, Mayor.\nM. PARKER, Chief Executive Officer.\n———————————\n\n\n\n18 January 2019 GOVERNMENT GAZETTE, WA 149\nLOCAL GOVERNMENT ACT 1995\nCITY OF ROCKINGHAM\nSAND DRIFT LOCAL LAW 2018\nUnder the powers conferred by the Local Government Act 1995 and by all other powers enabling it,\nthe Council of the City of Rockingham resolved on 27 November 2018 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Title\nThis is the City of Rockingham Sand Drift Local Law 2018.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n1.3 Purpose\nThe purpose of this local law is to provide for the regulation, control and management of site erosion,\nsand and dust on land within the district.\n1.4 Repeal\nThe City of Rockingham Sand Drift Prevention and Abatement Local Law 2000 as published in the\nGovernment Gazette on 21 March 2001 is repealed.\n1.5 Application\nThis local law applies throughout the district.\n1.6 Terms used\nIn this local law, unless the context otherwise requires—\nAct means the Local Government Act 1995;\nauthorised person means a person appointed by the local government under section 9.10 of the\nAct to perform any of the functions of an authorised person under this local law;\ndistrict means the district of the local government;\ndust and sand means granules or particles of rock, earth, clay, loam, silt and any other\ngranular, or airborne particle or like material, and includes gravel;\nland includes any building or structures on the land;\nlocal government means the City of Rockingham;\noccupier means any person who, at the time a notice is served, is in control of any place or part\nof any place or authorised by the owner, lessee, licensee or any other person empowered to\nexercise control in relation to a place to perform any work in relation to any place and\nincludes a builder or contractor;\nRegulations means the Local Government (Functions and General) Regulations 1996; and\nschedule means the Schedule to this local law.\n1.7 Interpretation\n(1) A term used in this local law that is not defined in clause 1.6 is to have the meaning given to it in\nthe Act.\n(2) Where, under this local law a duty, obligation or liability is imposed on an ‘owner or occupier’, the\nduty is taken to be imposed jointly and severally on each owner and occupier.\n(3) Where under this local law an act is required to be done or forbidden to be done in relation to any\nland, an owner or occupier of the land has the duty of causing to be done the act so required to be\ndone, or preventing from being done the act forbidden to be done.\n(4) Where this local law refers to the giving of a notice, other than the giving of an infringement\nnotice, no particular form is prescribed and it is sufficient if the notice is in writing giving sufficient\ndetails to enable the owner or occupier to know the offence (if any) committed and the measures\nrequired to be taken or conditions to be complied with, as the case may be.\n\n150 GOVERNMENT GAZETTE, WA 18 January 2019\nPART 2—SITE EROSION AND DUST\n2.1 Prevention of erosion and the escape of sand and dust\nAn owner or occupier of land must take reasonable measures to—\n(a) stabilise sand on the land; and\n(b) ensure no sand or dust is released from or escapes from the land, whether by means of wind,\nwater or any other cause.\n2.2 Notice may require specified action to prevent\n(1) Where the local government or an authorised person is satisfied that—\n(a) an owner or occupier of land has not complied with clause 2.1; or\n(b) sand or dust is escaping, being released or being carried, or is likely to escape, be released or\nbe carried, from any land,\nthe local government or an authorised person may, by notice in writing, direct the owner or occupier,\nwithin a time specified in the notice—\n(c) to comply with clause 2.1;\n(d) clean up and make good any damage resulting from the release or escape of dust or sand from\nthe land; or\n(e) take such other actions or comply with such other conditions as the local government or\nauthorised person considers necessary to prevent or stop the escape, release or carriage of\nsand or dust from the land, as stipulated in the notice.\n(2) An owner or occupier of land to whom a notice is issued under subclause (1) must comply with the\nrequirements of the notice within the time specified in the notice.\nPART 3—OBJECTIONS AND REVIEW\n3.1 Objections and review\nIf the local government or an authorised person gives a person notice under clause 2.2(1), Division 1\nof Part 9 of the Act and regulation 33 of the Regulations are to apply.\nPART 4—OFFENCES AND PENALTIES\n4.1 Offences\n(1) Any person who—\n(a) fails to comply with a notice under clause 2.2(2);\n(b) fails to do anything required or directed to be done under this local law; or\n(c) does anything which under this local law that person is prohibited from doing,\ncommits an offence.\n(2) Any person who commits an offence under this local law is liable, on conviction, to a penalty not\nless than $500 and not exceeding $5,000 and if the offence is of a continuing nature, to an additional\npenalty not exceeding $500 for each day or part of a day during which the offence has continued.\n4.2 Prescribed offences\n(1) An offence against a clause specified in the Schedule is a prescribed offence for the purposes of\nsection 9.16(1) of the Act.\n(2) The amount of the modified penalty for a prescribed offence is the number specified adjacent to the\nclause in the Schedule.\n4.3 Form of notices\n(1) The form of the infringement notice give under section 9.16 of the Act is Form 2 in Schedule 1 of\nthe Regulations.\n(2) The form of the infringement withdrawal notice referred to in section 9.20 of the Act is that of\nForm 3 in Schedule 1 of the Regulations.\nSCHEDULE—PRESCRIBED OFFENCES\n[clause 4.2]\nItem No. Clause Description Penalty ($)\n1 4.1(1)(a) Failure to comply with a notice 500\n2 4.1(1)(b) Failure to comply with a direction given 500\n3 4.1(1)(c) Prohibited action under local law 500\n————\nDated: 5 December 2018.\nThe Common Seal of the City of Rockingham was affixed by authority of a resolution of the Council in\nthe presence of—\nB. SAMMELS, Mayor.\nM. PARKER, Chief Executive Officer.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Scope is narrowed and reallocated from local detail to State instruments. The amendment deletes local regulatory Parts and Schedules (Part 2: clause c; Part 5: clause h; Schedule 4: clause o) and replaces Schedule 3 with a shorter offence list (clause n). Confinement of dangerous dogs and licence penalty matters are expressly moved to the Dog Act and Dog Regulations (clause 3.1(3); replacement clause 4.9), so dog owners remain financially liable under State penalty regimes while the council retains enforcement and approval functions locally (see new clause 7.2 for general council penalty range $500–$5,000). The change shifts where rules are located (local law → State Act/Regulations), which alters compliance pathways, concentrates legal detail in external instruments, and increases the need for officers and the public to consult multiple sources (local law plus Dog Act/Regulations) to know their duties."},"complexity_factors":["Extensive cross‑references to State law (Dog Act 1976 and Dog Regulations 2013): see clause 3.1(3) and replacement clause 4.9 which refer enforcement/penalties to the Act and Regulations.","Deletion of whole Parts and Schedules increases reliance on external instruments and creates transitional/interpretive gaps: Part 2 deleted (clause c), Part 5 deleted (clause h), Schedule 4 deleted (clause o), Schedule 3 replaced (clause n).","Introduction of a broad general penalty and removal of some specific local penalties: new clause 7.2 sets $500–$5,000 range while specific penalties in clause 6.1(2) and other places were removed or relocated.","Renumbering and textual replacements requiring careful cross‑checking: renumbering of clauses 7.3–7.7 (clause m) and multiple textual swaps (eg. 'town' → 'local' in clauses referenced at f).","Added/changed definitions alter scope of regulatory triggers: insertion of 'local planning scheme' and 'Regulations' in clause b, and deletions of old defined terms (clause a).","Mixed enforcement pathways: some offences remain as modified‑penalty items in new Schedule 3 (clause n, item o) while others defer to State penalty provisions, increasing compliance and administrative complexity."],"plain_english_summary":"This amendment updates the City of Rockingham Dogs Local Law by deleting several local provisions, updating definitions, replacing offence schedules and moving key matters (dangerous-dog confinement and licence penalties) to the Dog Act and Dog Regulations. It affects dog owners, licence‑holders and council officers by changing where rules and fines are set and how enforcement is framed, which alters compliance obligations and the council’s local rule‑making scope."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The amendment stays within the original scope of the Dogs Local Law. It is a housekeeping update to align with state legislation and remove redundant provisions, rather than an expansion into new policy areas."},"complexity_factors":["Short amendment instrument (2 pages in the Gazette)","Mostly deletions and replacements rather than new substantive provisions","Only 14 defined terms in the parent Dogs Local Law being amended (though the amendment itself adds only 2 new definitions)","Heavy reliance on external legislation (Dog Act 1976, Dog Regulations 2013, Local Government Act 1995) – the amendment repeatedly defers to these Acts rather than creating new standalone rules","Simple conditional logic (if/then penalty structures)","No nested exceptions or multi-layered cross-referencing within the amendment itself"],"plain_english_summary":"This local law modernises Rockingham’s dog rules to align with state legislation, removing duplicated provisions now covered by the Dog Act and its Regulations, simplifying penalties into a single general clause, updating two $200 infringement fines, and cleaning up numbering and definitions.  \n\nIt mainly affects Rockingham dog owners, license applicants (breeding/multiple dogs) and council animal-control officers by tidying the rulebook rather than imposing major new restrictions."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-rockingham-dogs-amendment-local-law-2018","history":"/api/acts/city-of-rockingham-dogs-amendment-local-law-2018/history","analysis":"/api/acts/city-of-rockingham-dogs-amendment-local-law-2018/analysis","conflicts":"/api/acts/city-of-rockingham-dogs-amendment-local-law-2018/conflicts","importantCases":"/api/acts/city-of-rockingham-dogs-amendment-local-law-2018/important-cases","documents":"/api/acts/city-of-rockingham-dogs-amendment-local-law-2018/documents"}}