{"id":"wa-local:cunderdin-shire-of-health-local-law-2016","name":"Health Local Law 2016","slug":"cunderdin-shire-of-health-local-law-2016","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442017,"registerId":"wa-local:cunderdin-shire-of-health-local-law-2016-1775957148018","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"4","sectionType":"section","heading":"January 2017 GOVERNMENT GAZETTE, WA 15","content":"4 January 2017 GOVERNMENT GAZETTE, WA 15\nTABLE OF CONTENTS\n1.4 Repeal\n1.5 Interpretation\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"SANITATION","content":"PART 2—SANITATION\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Sanitary conveniences","content":"Division 1—Sanitary conveniences\n2.2 Dwelling house\n2.3 Floor of wet areas\n2.4 Premises other than a dwelling house\n2.5 Outdoor festivals\n2.6 Temporary works\n2.7 Maintenance of sanitary conveniences and fittings\n2.8 Ventilation of toilet\n2.9 Public sanitary conveniences\n2.10 Lighting\n2.11 Installation\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Bathroom, laundries and kitchens","content":"Division 2—Bathroom, laundries and kitchens\n2.12 Bathrooms\n2.13 Laundries\n2.14 Washing or keeping of clothes in kitchens\n2.15 Kitchens\nPART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of dwelling houses\n3.1 Dwelling house maintenance\nDivision 2—Ventilation of houses\n3.2 Exemption for short-term hostels and recreational campsites\n3.3 Overcrowding\n3.4 Calculate sufficient space\n3.5 Ventilation\n3.6 Subfloor ventilation\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"Water supply","content":"Division 3—Water supply\n3.7 Water supply\n3.8 Rain water tanks\n3.9 Wells\n3.10 Pollution\n","sortOrder":4},{"sectionNumber":"Div 4","sectionType":"division","heading":"Second-hand furniture, bedding and clothing","content":"Division 4—Second-hand furniture, bedding and clothing\n3.11 Prohibition on sale\n3.12 Prohibition of possession\n\n16 GOVERNMENT GAZETTE, WA 4 January 2017\nDivision 5—Morgues\n3.13 Licensing of morgues\nPART 4—WASTE FOOD AND LIQUID REFUSE\nDivision 1—Liquid refuse\n4.1 Interpretation\n4.2 Deposit of liquid refuse\n4.3 Disposal of liquid waste\nDivision 2—Transport of butchers’ waste\n4.4 Interpretation\n4.5 Restriction of vehicles\n4.6 Transport of butchers’ waste\n","sortOrder":5},{"sectionNumber":"Part 5","sectionType":"part","heading":"NUISANCES AND GENERAL","content":"PART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n5.1 Interpretation\n5.2 Footpaths etc to be kept clean\n5.3 Public vehicles to be kept clean\n5.4 Transportation, use and storage of offal or blood\n5.5 Use or storage of fertiliser\n5.6 Storage and dispatch of artificial fertiliser\n5.7 Storage of fertiliser in a dwelling house\nDivision 2—Slaughtering and disposal of animals\n5.8 Slaughter of animals\n5.9 Disposal of dead animals\nDivision 3—Keeping of feedlots\n5.10 Interpretation\n5.11 Premises to be approved\n5.12 Site conditions\nDivision 4—Piggeries\n5.13 Interpretation\n5.14 Premises to be approved\n5.15 Site conditions\n5.16 Prevention of nuisances\n","sortOrder":6},{"sectionNumber":"Part 6","sectionType":"part","heading":"PEST CONTROL","content":"PART 6—PEST CONTROL\nDivision 1—Flies\n6.1 Interpretation\n6.2 Fly breeding matter not to be left on premises unless covered or treated\n6.3 Measures to be taken by an occupier\n6.4 EHO may give notice directing measures to be taken\n6.5 Local government may execute work and recover costs\nDivision 2—Mosquitoes\n6.6 Interpretation\n6.7 Measures to be taken to prevent mosquitoes breeding\n6.8 Local government may execute work and recover costs\nDivision 3—Rodents\n6.9 Interpretation\n6.10 Measures to be taken to eradicate rodents\n6.11 Waste food etc to be kept in rodent proof receptacles\n6.12 Restrictions on keeping of rodents\nDivision 4—Cockroaches\n6.13 Interpretation\n6.14 Measures to be taken to eradicate cockroaches\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Argentine Ants","content":"Division 5—Argentine Ants\n6.15 Interpretation\n6.16 Measures to be taken to keep premises free from Argentine Ants\n","sortOrder":8},{"sectionNumber":"Div 6","sectionType":"division","heading":"European Wasps","content":"Division 6—European Wasps\n6.17 Interpretation\n6.18 Measures to be taken to keep premises free from European Wasp nests\n\n4 January 2017 GOVERNMENT GAZETTE, WA 17\n","sortOrder":9},{"sectionNumber":"Div 7","sectionType":"division","heading":"Arthropod vectors of disease","content":"Division 7—Arthropod vectors of disease\n6.19 Interpretation\n6.20 Responsibility of the owner or occupier\n","sortOrder":10},{"sectionNumber":"Part 7","sectionType":"part","heading":"INFECTIOUS DISEASES","content":"PART 7—INFECTIOUS DISEASES\nDivision 1—General provisions\n7.1 Requirements on owner or occupier to clean, disinfect and disinfest\n7.2 EHO may disinfect or disinfest premises\n7.3 Insanitary houses, premises and things\n7.4 Persons in contact with an infectious disease sufferer\n7.5 Declaration of infected house or premises\n7.6 Destruction of infected animals\n7.7 Disposal of a body\n7.8 Local government may carry out work and recover costs\nDivision 2—Disposal of used condoms and needles\n7.9 Disposal of used condoms\n7.10 Disposal of used needles\n","sortOrder":11},{"sectionNumber":"Part 8","sectionType":"part","heading":"LODGING HOUSES","content":"PART 8—LODGING HOUSES\nDivision 1—Registration\n8.1 Interpretation\n8.2 Lodging house not to be kept unless registered\n8.3 Application for registration\n8.4 Approval of application\n8.5 Renewal of registration\n8.6 Notification upon sale or transfer\n8.7 Revocation of registration\nDivision 2—Construction and use requirements\n8.8 General construction requirements\n8.9 Sanitary conveniences\n8.10 Laundry\n8.11 Kitchen\n8.12 Dining room\n8.13 Lounge room\n8.14 Fire prevention and control\n8.15 Obstruction of passages and stairways\n8.16 Fitting of locks\n8.17 Restriction on use of rooms for sleeping\n8.18 Sleeping accommodation—short-term hostels and recreational campsites\n8.19 Furnishing etc of sleeping apartments\n8.20 Ventilation\n8.21 Numbers to be placed on doors\nDivision 3—Management and care\n8.22 Keeper or manager to reside in the lodging house\n8.23 Register of lodgers\n8.24 Keeper to report\n8.25 Certificate in respect of sleeping accommodation\n8.26 Duplicate keys and inspection\n8.27 Room occupancy\n8.28 Maintenance of a room by a lodger or resident\n8.29 Cleaning and maintenance requirements\n8.30 Responsibilities of lodgers and residents\n8.31 Approval for storage of food\n","sortOrder":12},{"sectionNumber":"Part 9","sectionType":"part","heading":"OFFENSIVE TRADES","content":"PART 9—OFFENSIVE TRADES\n9.1 Interpretation\n9.2 Consent to establish an offensive trade\n9.3 False statement\n9.4 Registration of premises\n9.5 Certificate of registration\n9.6 Change of occupier\n9.7 Alterations to premises\nDivision 2—General duties of an occupier\n9.8 Interpretation\n9.9 Cleanliness\n\n","sortOrder":13},{"sectionNumber":"18","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"18 GOVERNMENT GAZETTE, WA 4 January 2017\n9.10 Rats and other vectors of disease\n9.11 Sanitary conveniences and hand wash basins\n9.12 Painting of walls etc\n9.13 Effluvia, vapours or gases\n9.14 Offensive material\n9.15 Storage of materials\n9.16 Specified offensive trades\n9.17 Directions\n9.18 Other duties of occupier\nDivision 3—Fish premises\n9.19 Interpretation\n9.20 Duties of an occupier\n9.21 Disposal of waste\n9.22 Fish containers\nDivision 4—Laundries, dry cleaning establishments and dye works\n9.23 Interpretation\n9.24 Receiving depot\n9.25 Reception room\n9.26 Walls and floors\n9.27 Laundry floor\n9.28 Escape of dust\n9.29 Precautions against combustion\n9.30 Trolleys\n9.31 Sleeping on premises\n","sortOrder":14},{"sectionNumber":"Part 10","sectionType":"part","heading":"OFFENCES AND PENALTIES","content":"PART 10—OFFENCES AND PENALTIES\n10.1 Offences and penalties\n\n4 January 2017 GOVERNMENT GAZETTE, WA 19\nUnder the powers conferred by the section 342 of the Heath Act 1911, subdivision 2 of Part 3 of the\nLocal Government Act 1995 and all other powers enabling it, the Council of the Shire of Cunderdin\nresolved on 17 November 2016 to make the following local law.\nThis local law may be cited as the Shire of Cunderdin Health Local Law 2016.\nThis local law comes into operation on the date of its publication in the Government Gazette.\nThis local law applies throughout the district.\n1.4 Repeal\nThe Shire of Cunderdin Health Local Laws 1998, as published in the Government Gazette on\n","sortOrder":15},{"sectionNumber":"24","sectionType":"section","heading":"November 1998, are repealed.","content":"24 November 1998, are repealed.\n1.5 Interpretation\n(1) In this local law, unless the context otherwise requires—\nAct means the Health Act 1911;\nadequate supply of water means a flow of water of not less than 0.076 litres per second;\nanimal includes cattle, sheep, pig, goat, horse or the like;\napproved means approved by the local government;\nAS means an Australian Standard as published by Standards Australia as amended from time to\ntime;\nAS/NZS means an Australian Standard/New Zealand Standard as published by Standards\nAustralia and Standards New Zealand as amended from time to time;\nAS 1530.2—1993 means the standard published by Standards Australia, as amended from time\nto time, as AS 1530.2—1993 and called “Methods for fire tests on building materials,\ncomponents and structures—Part 2: Test for flammability of materials”;\nAS/NZS 1530.3:1999 means the standard published by Standards Australia, as amended from\ntime to time, as AS/NZS 1530.3:1999 and called “Methods for fire tests on building materials,\ncomponents and structures—Part 3: Simultaneous determination of ignitability, flame\npropagation, heat release and smoke release”;\nAS 1668.2-2012 means the standard published by Standards Australia, as amended from time to\ntime, as AS 1668.2-2012 and called “The use of ventilation and air-conditioning in buildings—\nPart 2: Ventilation design for indoor-air contaminant control (excluding requirements for the\nhealth aspects of tobacco smoke exposure)”;\nAS 2001.5.4—2005 means the standard published by Standards Australia, as amended from time\nto time, as AS 2001.5.4—2005 and called “Methods of test for textiles—Method 5.4:\nDimensional change—Domestic washing and drying procedures for textile testing (ISO\n6330:2000, MOD)”;\nAS/NZS 3666.2:2011 means the standard published by Standards Australia, as amended from\ntime to time, as AS/NZS 3666.2:2011 and called “Air-handling and water systems of\nbuildings—Microbial Control—Part 2: Operation and maintenance”;\nBuilding Code means the latest edition of the Building Code of Australia published, as amended\nfrom time to time by or on behalf of the Australian Building Codes Board as amended from\ntime to time, but not including explanatory information published with that Code;\n\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"20 GOVERNMENT GAZETTE, WA 4 January 2017\nCEO means the Chief Executive Officer of the local government;\ndistrict means—\n(a) the district of the local government under the Local Government Act 1995;\n(b) any area placed under the jurisdiction of the local government under section 22 of the\nAct;\ndwelling house means a place of residence containing at least one sleeping room and includes a\nroom or outbuilding separate from but ancillary to the building in which the sleeping room is\nlocated;\nEHO means an Environmental Health Officer appointed by the local government under the Act\nand includes any acting or Assistant Environmental Health Officer so appointed;\nhabitable room means a room used for normal domestic activities, and—\n(a) includes a bedroom, living room, lounge room, music room, television room, kitchen,\ndining room, sewing room, study, play-room, family room and sun-room or the like; and\n(b) excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, lobby,\nphotographic dark room, clothes-drying room and other spaces of a specialised nature\noccupied neither frequently nor for extended periods;\nhot water means water at a temperature of at least 65 degrees Celsius;\nlocal government means the Shire of Cunderdin;\nlocal planning scheme has the meaning given to it by the Planning and Development Act 2005;\nmanufacturer’s specifications means the documented installation and/or maintenance\ninstructions produced by a product manufacturer;\nMedical Officer means the Medical Officer appointed by the local government under the Act and\nincludes an Acting Medical Officer so appointed;\npremises means a house or building, together with its land and all improvements to the land;\npublic place includes every place to which the public ordinarily have access, whether by\npayment of a fee or not;\nsanitary convenience includes urinals, water closets, earth closets, privies, sinks, baths, wash\ntroughs, apparatus for the treatment of sewage, ash pits, ash tubs, or other receptacle for the\ndeposit of ashes, faecal matter or refuse and all similar conveniences;\nSchedule means a Schedule to this local law;\nsewage means any kind of sewage, nightsoil, faecal matter or urine and any waste composed\nwholly or in part of liquid;\nsewer includes sewers and drains of every description, except drains to which the word “drain” as\ndefined in the Act applies, including water channels constructed of stone, brick, concrete or\nany other material, including the property of the local government;\nstreet includes any highway and any public bridge, and any road, lane, footway, square, court,\nalley or passage, whether a thoroughfare or not;\ntoilet means a water closet, earth closet, privy or urinal and includes a room or cubicle in which\none or more of these is located;\ntownsite means all townsites within the district which are—\n(a) constituted under section 26(2) of the Land Administration Act 1997; or\n(b) referred to in clause 37 of Schedule 9.3 of the Local Government Act 1995;\nvectors of disease includes fleas, flies, bedbugs, cockroaches, lice and any other insect prescribed\nby the local government;\nwater means drinking water within the meaning of the Australian Drinking Water Guidelines as\npublished by the National Health and Medical Research Council in 2011 and as amended\nfrom time to time; and\nwindow means a glass panel, roof light, glass brick, glass louvre, glazed sash, glazed door or\nother device which transmits natural light directly into a building.\n(2) Where in this local law, a duty or liability is imposed on an owner or occupier, the duty or liability\nshall be taken to be imposed jointly and severally on each of the owner or occupier.\n(3) Where under this local law, an act is required to be done or forbidden to be done in relation to any\npremises, the owner or occupier of those premises has, unless the contrary intention appears, the duty\nof causing to be done the act so required to be done, or of preventing from being done the act so\nforbidden to be done, as the case may be.\nPART 2—SANITATION\nDivision 1—Sanitary conveniences\nfestival includes a fair, function or event;\norganiser means a person—\n(a) to whom approval has been granted by the local government to conduct the festival; or\n(b) responsible for the conduct of the festival;\n\n4 January 2017 GOVERNMENT GAZETTE, WA 21\npublic sanitary convenience means a sanitary convenience to which the public ordinarily have\naccess, whether by payment of a fee or not; and\ntemporary sanitary convenience means a sanitary convenience, temporarily placed for use\nby—\n(a) patrons in conjunction with a festival; or\n(b) employees at construction sites or the like.\n2.2 Dwelling house\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless it has\nat least one toilet.\n(2) A room in which a toilet is located must have adequate lighting.\n2.3 Floor of wet areas\nThe owner of every premise shall ensure that the floor of every bathroom, ensuite, laundry, toilet and\nany other ablution area within the building is properly surfaced and graded to a floor waste approved\nby the local government.\n2.4 Premises other than a dwelling house\n(1) The owner of premises other than a dwelling house shall not use or occupy, or permit to be used or\noccupied, the premises unless—\n(a) the premises have toilets in accordance with the Building Code and this Part, including\ndisability access facilities;\n(b) the toilets required by this clause are situated within a reasonable distance of the premises\nand are easily accessible to the persons for whom they are provided; and\n(c) the premises have hand wash basins that are—\n(i) in accordance with the Building Code;\n(ii) for the use of persons employed or engaged on the premises;\n(iii) provided with an adequate supply of water supplied by taps located over each hand\nwash basin;\n(iv) separate from any trough, sink or basin used in connection with any process carried out\non the premises; and\n(v) situated within a reasonable distance of the sanitary conveniences and easily accessible\nto the person for whom they are provided.\n(2) The occupier of premises other than a dwelling house shall ensure that—\n(a) clean toilet paper is available at all times in each cubicle;\n(b) a sanitary napkin disposal facility is provided in each toilet set aside for the use of females;\nand\n(c) each hand wash basin is provided with—\n(i) an adequate supply of soap or other hand cleaning substances; and\n(ii) hand drying facilities, situated adjacent to and visible from the hand wash basin.\n(3) Where more than one toilet is provided on premises other than a dwelling house, the entrance to\neach toilet shall bear a suitable sign indicating for which sex its use is intended.\n2.5 Outdoor festivals\n(1) The organiser of an outdoor event must provide sanitary conveniences in accordance with the\nrecommendations contained within the Department of Health’s ‘Guidelines for concerts, events and\norganised gatherings’ as amended from time to time; and\n(2) Where, under subclause (1), the number of a particular sanitary convenience to be provided is not\na whole number, that number shall be rounded up to the next higher whole number.\n2.6 Temporary works\nA person who undertakes temporary work at any place shall—\n(a) provide and maintain for the use of persons engaged, whether as employees or as\nindependent contractors or otherwise, one temporary approved toilet for every 20 such\npersons; and\n(b) remove the toilet at the conclusion of the work or at an earlier time in accordance with a\ndirection from an EHO, and ensure the site is left clean.\n2.7 Maintenance of sanitary conveniences and fittings\n(1) The occupier of any premises shall—\n(a) keep clean, in good condition and repair; and\n(b) whenever required by an EHO, effectively disinfect and clean,\nall sanitary conveniences including sanitary fittings in or on the premises.\n(2) The owner of any premises shall—\n(a) keep or cause to be kept in good repair; and\n(b) maintain an adequate supply of water to,\nall sanitary conveniences, including sanitary fittings in or on the premises.\n\n","sortOrder":17},{"sectionNumber":"22","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"22 GOVERNMENT GAZETTE, WA 4 January 2017\n2.8 Ventilation of toilet\n(1) A toilet in any premises shall be ventilated in accordance with the Sewerage (Lighting, Ventilation\nand Construction) Regulations 1971 and the Building Code.\n(2) A mechanical ventilation system provided under subclause (1) shall be maintained in good\nworking order and condition.\n2.9 Public sanitary conveniences\n(1) A person shall not—\n(a) foul;\n(b) damage or vandalise; or\n(c) write on or otherwise deface,\na public sanitary convenience, or sanitary fixtures or fittings, or the premises in or on which the\nsanitary convenience is located.\n(2) A person using a public sanitary convenience shall, where the convenience has been provided by\nthe local government and a charge for its use has been levied, forthwith pay that charge.\n(3) A person shall not live or sleep in or on the premises in which a public sanitary convenience is\nlocated or use it for a purpose other than that for which it was intended.\n2.10 Lighting\nThe owner and occupier of premises in which a sanitary convenience or a public sanitary convenience\nis located shall provide and maintain adequate electric lighting for persons using the convenience.\n2.11 Installation\n(1) Every sanitary convenience shall be installed in accordance with the requirements of the Country\nAreas Water Supply Act 1947 and the Water Services Act 2012 and shall have an adequate supply of\nwater.\n(2) Every temporary sanitary convenience shall be installed in accordance with the requirements of\nthe Health (Temporary Sanitary Conveniences) Regulations 1997.\nDivision 2—Bathroom, laundries and kitchens\n2.12 Bathrooms\n(1) A person shall not use or occupy or permit to be used or occupied, a dwelling house without a\nbathroom that—\n(a) is adequately lined with an impervious material and has an adequate ceiling;\n(b) complies with the Health Act (Laundries and Bathrooms) Regulations; and\n(c) is equipped with—\n(i) a hand wash basin; and\n(ii) either a shower in a shower recess or a bath.\n(2) All baths, showers, hand wash basins and similar fittings shall be provided with an adequate\nsupply of hot and cold water.\n2.13 Laundries\n(1) A laundry must conform to the provisions of the Building Code.\n(2) Where, in any building, a laundry is situated adjacent to a kitchen or a room where food is stored\nor consumed, the laundry shall be separated from the kitchen or room where food is stored or\nconsumed by a wall extending from the floor to the roof or ceiling.\n(3) Where there is an opening in a wall between a laundry and a kitchen or room where food is stored\nor consumed, the opening shall—\n(a) not be more than 1220 millimetres wide; and\n(b) have a door which when closed shall completely fill the opening.\n2.14 Washing or keeping of clothes in kitchens\nA person shall not in any kitchen or other place where food is kept—\n(a) wash or permit to be washed any clothing or bedding; or\n(b) keep or permit to be kept any soiled clothing or bedding.\n2.15 Kitchens\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nkitchen equipped with—\n(a) a cooking facility which is adequate in the opinion of an EHO; and\n(b) a sink which shall—\n(i) be at least 380 millimetres long, 300 millimetres wide and 150 millimetres deep; and\n(ii) have an adequate supply of hot and cold water.\n(2) The occupier of a dwelling house shall ensure that the cooking facility and sink are kept clean, in\ngood order and repair and fit for use.\n\n4 January 2017 GOVERNMENT GAZETTE, WA 23\n(3) A cooking facility shall—–\n(a) be installed in accordance with the requirements of Energy Safety and the manufacturer’s\nspecifications of the product; and\n(b) not be installed or used in any room other than a kitchen.\n(4) Where mechanical extraction is provided in a kitchen, the exhaust air shall be—\n(a) carried to the outside air as directly as practicable; and\n(b) boxed throughout.\n(5) In this clause, a cooking facility includes a stove, oven, facility or appliance used for or in\nconnection with the cooking of food.\n","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"HOUSING AND GENERAL","content":"PART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of dwelling houses\n3.1 Dwelling house maintenance\nThe owner or occupier of a dwelling house shall maintain the dwelling house and any adjacent\nbuildings in sound condition and fit for use and, in particular, shall—\n(a) maintain all roofs, guttering and downpipes in sound weatherproof condition;\n(b) maintain any footings, foundations and walls, either external or internal, in a sound\ncondition;\n(c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material\nin any verandah, roof, walls, steps, handrails, floors or their supports with material of sound\nquality;\n(d) comply with the directions of an EHO to treat the premises for the purpose of controlling any\ntermites;\n(e) maintain any brick, stone, mortar or cement work in a sound condition;\n(f) maintain, repair or replace any flashings or ant caps which are missing or defective;\n(g) maintain all ventilators in good order and repair;\n(h) maintain all floors even and level in surface and free from cracks and gaps;\n(i) maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and\nfittings complete and with smooth unbroken surfaces;\n(j) maintain all doors and windows in good working order and weatherproof condition;\n(k) retain all natural lighting free from any obstruction which would reduce the natural lighting,\nbelow the ratio of 10 per cent of the floor area;\n(l) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewage so\nthat they comply in all respects with the provisions of the Water Services Act 2012 and any\nother legal requirements to which they are subject; and\n(m) maintain all electric wiring, gas services and fittings to comply in all respects with the\nrequirements of all relevant public authorities.\nDivision 2—Ventilation of houses\n3.2 Exemption for short-term hostels and recreational campsites\nThis Division shall not apply to short-term hostels and recreational campsites referred to in\nDivision 1 of Part 8.\n3.3 Overcrowding\nThe owner or occupier of a house shall not permit—\n(a) a room in the house that is not a habitable room to be used for sleeping purposes;\n(b) a habitable room in the house to be used for sleeping purposes unless—\n(i) for every person over the age of 10 years using the room there is at least 14 cubic\nmetres of air space per person; and\n(ii) for every person up to and including the age of 10 years, there is at least 8 cubic metres\nof air space per person; or\n(c) any garage or shed to be used for sleeping purposes.\n3.4 Calculate sufficient space\nFor the purpose of clause 3.3, in calculating the space required for each person—\n(a) each room is to be considered separately and sufficient space is to be allowed in each room for\nthe number of persons present in the room at any one time; and\n(b) a deduction is to be made for the space occupied by furniture, fittings and projections of the\nwalls into a room.\n3.5 Ventilation\n(1) A person shall not use or occupy, or permit to be used or occupied, a house unless the house is\nproperly ventilated.\n\n24 GOVERNMENT GAZETTE, WA 4 January 2017\n(2) For the purpose of subclause (1) a house shall be deemed to be properly ventilated if it complies\nwith the Building Code, including the provision of—\n(a) natural ventilation; or\n(b) a mechanical ventilation or air-conditioning system complying with AS 1668.2—2012.\n(3) The owner of a house provided with a mechanical ventilation or air-conditioning system shall\nensure that the system is—\n(a) maintained in good working condition and in accordance with AS/NZS 3666.2:2011; and\n(b) in use at all times the building is occupied, if it is a building without approved natural\nventilation.\n(4) If, in the opinion of an EHO, a house is not properly ventilated, the local government may by\nnotice require the owner of the house to—\n(a) provide a different or additional method of ventilation; or\n(b) cease using the dwelling house until it is properly ventilated.\n3.6 Subfloor ventilation\nThe owner or occupier of a house shall make provision for subfloor ventilation by ensuring that air\nbricks and other openings are kept clear of refuse, vegetation, building materials, dirt and the like.\nDivision 3—Water supply\n3.7 Water supply\n(1) The owner of a house shall ensure that it is connected with a separate and independent water\nsupply from the mains of a licensed water service operator or a water supply to the satisfaction of the\nlocal government.\n(2) The water supply shall at all times be capable of delivering an adequate supply of water to each\ntap in the house.\n(3) The water supply to toilets or for garden use may be from an alternative source, not necessarily\ndrinking water.\n3.8 Rain water tanks\n(1) The owner or occupier of a house for which part of the water supply is drawn from a rain water\ntank shall—\n(a) maintain in a clean condition—\n(i) the roof, guttering and downpipes forming the catchment for the tank; and\n(ii) the guttering and downpipes appurtenant to the roof;\n(b) ensure that each rain water tank is fitted with a tight-fitting mosquito proof cover which\nshall not be removed at any time except for the purpose of cleaning, repairing or maintaining\nthe tank; and\n(c) thoroughly clean and disinfect such tank at least once in each year, or whenever directed by\nan EHO to do so.\n(2) The owner or occupier of a house for which its entire water supply is drawn from a rain water tank\nshall ensure that the storage capacity of the tank is not less than 90,000 litres.\n3.9 Wells\nThe owner or occupier of any premises must not use, or permit for human consumption the use of, the\nwater of any bore or well unless the bore or well is—\n(a) at least 30 metres from any soak well or other possible source of pollution unless otherwise\napproved by the Executive Director, Public Health; and\n(b) covered with a tight-fitting cover without openings of any sort other than those essential for\nthe insertion of a pump.\n3.10 Pollution\nA person must not deposit on or under any land, any sewage, offensive matter or any other thing\nwhich may pollute or render unfit for human consumption, water from a well or other underground\nsource.\nDivision 4—Second-hand furniture, bedding and clothing\n3.11 Prohibition on sale\nA person shall not offer for sale or sell any second-hand furniture, bedding or clothing which is filthy\nor infested with vectors of disease.\n3.12 Prohibition of possession\nA dealer in second-hand furniture, bedding or clothing shall not have on any premises used for the\noperation of the business any second-hand furniture, bedding or clothing which is filthy or infested\nwith vectors of disease.\n\n4 January 2017 GOVERNMENT GAZETTE, WA 25\nDivision 5—Morgues\n3.13 Licensing of morgues\n(1) All non-government morgues shall be licensed pursuant to the provisions of this clause.\n(2) The annual fee for a licence for a place for the temporary reception and keeping of the bodies of the\ndead awaiting burial or cremation shall be the fee as fixed from time to time by the local government\nunder section 344C of the Act.\n(3) An application for a morgue licence shall be in the form set out in Schedule 1.\n(4) A licence shall—\n(a) be in the form as determined by the local government from time to time; and\n(b) expire on 31 December after the date of its issue.\n(5) A licence shall not be granted in respect of any premises unless—\n(a) provision has been made for the keeping of the bodies of the dead at a temperature not\nexceeding zero degrees Celsius;\n(b) the walls are constructed of stone or brickwork or other approved material;\n(c) the interior surface of all walls is covered with glazed tiles or is rendered impervious so as to\nbe non-absorbent and washable;\n(d) all floors are constructed of impervious material, having a fall to an outlet discharging over a\ntrapped gully; and\n(e) the premises are adequately ventilated by direct communication with the outside air.\n","sortOrder":19},{"sectionNumber":"Part 4","sectionType":"part","heading":"WASTE FOOD AND LIQUID REFUSE","content":"PART 4—WASTE FOOD AND LIQUID REFUSE\nDivision 1—Liquid refuse\n4.1 Interpretation\nIn this division, unless the context otherwise requires—\nliquid refuse includes all washings from windows and vehicles, overflow, bleed off, condensate\nand drainage from air-conditioning equipment, including cooling towers and evaporative\ncoolers and other liquid used for cooling purposes, but does not include swimming pool\nbackwash; and\nliquid waste means bathroom, kitchen, scullery and laundry wastes, all washings from animal\nand poultry pens and any other domestic or trade wastes that are discharged by means of a\ndrain to a receptacle for drainage, but does not include swimming pool backwash.\n4.2 Deposit of liquid refuse\nA person shall not deposit or cause or permit to be deposited liquid refuse—\n(a) on a street;\n(b) in a stormwater disposal system; or\n(c) on any land or place other than a place or depot duly authorised for that purpose.\n4.3 Disposal of liquid waste\n(1) The owner or occupier of premises shall—\n(a) provide, by one of the methods prescribed in this clause, for the disposal of all liquid waste\nproduced 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 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 Executive Director, Public Health or the local government; or\n(c) collection and disposal at an approved liquid waste disposal site in a manner approved by the\nlocal government or the Executive Director, Public Health.\nDivision 2—Transport of butchers’ waste\n4.4 Interpretation\nbutchers’ waste includes animal skeletons and rib cages from a boning room and the inedible\nproducts of an abattoir.\n4.5 Restriction of vehicles\nA person shall not use for the transport of butchers’ waste—\n(a) a vehicle used for the transport of food or drugs; or\n(b) anything intended to be used for the packing or handling of food or drugs.\n\n","sortOrder":20},{"sectionNumber":"26","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"26 GOVERNMENT GAZETTE, WA 4 January 2017\n4.6 Transport of butchers’ waste\n(1) A person shall not transport butchers’ waste otherwise than in—\n(a) a compartment complying with the following specifications—\n(i) the floor and 4 walls to be made of an approved impervious material and the walls to be\nnot less than 910 millimetres high;\n(ii) all joints to be sealed, welded, soldered or brazed and made watertight;\n(iii) the loading doors, if any, to be watertight and kept closed at all times except when\nloading; and\n(iv) the top to be completely covered by a tarpaulin or other impervious sheet material\napproved by an EHO, carried over and secured to the outside of the walls at least\n300 millimetres from the top, so as to keep the load out of sight of the public; or\n(b) a watertight durable and impervious container fitted with a lid which can be tightly closed.\n(2) A person shall not transport any butchers’ waste in a vehicle unless the vehicle and its fittings,\nincluding the compartment or container referred to in this clause, are—\n(a) maintained in good order and condition; and\n(b) thoroughly cleaned at the conclusion of each day’s work.\n(3) A person shall not load, transport or unload butchers’ waste in a manner that is or may be\noffensive due to—\n(a) the sight of animal skeletons, bones, offal or waste matter;\n(b) the odour of putrefaction, offal or waste matter; or\n(c) the presence of blood and particles of flesh or fat dropping onto the surface of the street\npavement or ground.\nPART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n5.1 Interpretation\nfertiliser includes manure;\nnuisance has the meaning given in the section 182 of the Health Act 1911; and\npublic vehicle includes bus, tram, taxi or any other public transport.\n5.2 Footpaths etc to be kept clean\nAn owner or occupier of premises shall keep any footpath, pavement, area or right of way immediately\nadjacent to the premises, clear of any rubbish, matter or things coming from or belonging to the\npremises.\n5.3 Public vehicles to be kept clean\nThe owner or person in control of a public vehicle must—\n(a) maintain the vehicle at all times—\n(i) in a clean condition; and\n(ii) free from vectors of disease; and\n(b) whenever directed to do so by an EHO, thoroughly clean and disinfect the vehicle as directed.\n5.4 Transportation, use and storage of offal or blood\nA person must not transport or store offal or blood for the purpose of being used as manure, unless it\nhas been sterilised by steam and properly dried.\n5.5 Use or storage of fertiliser\nAn owner or occupier of premises must not use, or keep for the purpose of use, as fertiliser any—\n(a) pig manure;\n(b) human faeces; or\n(c) urine.\n5.6 Storage and dispatch of artificial fertiliser\nAn owner or occupier of premises where artificial fertiliser is stored in bulk for sale must—\n(a) keep all artificial fertiliser in a building—\n(i) of which the walls, floors and ceilings or undersides of the roof are constructed of\ndurable and non-absorbent materials finished internally with a smooth surface; and\n(ii) free from damp and properly ventilated;\n(b) take proper precautions to prevent the emission of dust or offensive effluvia from the\nbuilding; and\n(c) ensure that all artificial fertiliser dispatched from the premises is packed in a manner that\nprevents any nuisance arising during transit.\n\n4 January 2017 GOVERNMENT GAZETTE, WA 27\n5.7 Storage of fertiliser in a dwelling house\nThe owner or occupier of a dwelling house where fertiliser or compost is stored or used must—\n(a) prevent the escape of odours, dust or particles of fertiliser or compost;\n(b) treat the fertiliser or compost in a manner that effectively prevents it attracting or being a\nbreeding place for flies or other vectors of disease; and\n(c) store only those amounts of fertiliser or compost—\n(i) that can readily be used within a reasonable period; or\n(ii) as may be directed by the local government.\nDivision 2—Slaughtering and disposal of animals\n5.8 Slaughter of animals\n(1) Subject to subclause (2), a person, unless exempted under Regulation 20 of the Food\nRegulations 2009, shall not slaughter any animal within the district.\n(2) Subclause (1) does not apply to—\n(a) euthanasia of animals by veterinarians or other persons;\n(b) slaughter of animals for the purposes of pet meat and game meat operations;\n(c) slaughter of animals for human consumption in abattoirs approved by the local government;\nand\n(d) farming or grazing property occupiers preparing meat for their own consumption.\n5.9 Disposal of dead animals\n(1) An owner or operator of a veterinary practice where dead animals are kept for more than 12 hours\nshall refrigerate the carcass prior to its removal and disposal at an approved disposal site.\n(2) An owner or occupier of premises, other than a veterinary practice, on which there is a dead\nanimal, shall as soon as possible remove the carcass for its disposal at an approved disposal site.\n(3) An owner, or a person having the care of any animal that dies or is killed in a public or private\nplace, shall as soon as possible remove the carcass and arrange for its disposal at an approved\ndisposal site, except it may be buried on broadacre farmland by the owner.\nDivision 3—Keeping of feedlots\n5.10 Interpretation\nfeedlot means a confined area with watering and feeding facilities where animals are held and\nfed for the purpose of weight gain.\n5.11 Premises to be approved\n(1) No premises shall be used as a feedlot unless approved by the local government;\n(2) Subject to subclause (3), no premises shall be approved as a feedlot by the local government unless\nevery portion of such feedlot complies with the minimum separation distances listed in Schedule 2;\nand\n(3) Sites unable to satisfy the separation requirements may be approved at the discretion of the local\ngovernment, if the local government is satisfied that approving the feedlot will not give rise to a\nhealth nuisance.\n5.12 Site conditions\n(1) The owner or occupier of the approved feedlot shall ensure the premises—\n(a) is sited on gently sloping land no greater than 1:20 but not less than 1:100;\n(b) is sited on soils composed of sandy loam soils with sufficient infiltration to avoid surface\nponding or run-off;\n(c) has a minimum groundwater clearance of 3 metres;\n(d) drainage diverts all uncontaminated storm water from the general waste stream; and\n(e) has solid and liquid waste disposal arrangements that are not offensive or injurious to health.\n(2) The owner or occupier of the approved feedlot shall take reasonable measures to prevent the\ndischarge of dust which may involve—\n(a) reducing the stocking rate immediately to a level that does not cause the discharge of dust;\n(b) stabilisation of the soil surface to a level that does not cause the discharge of dust; or\n(c) provision of adequate windbreaks to effectively prevent the discharge of dust.\nDivision 4—Piggeries\n5.13 Interpretation\nintensive piggery means pigs are housed, fed and watered in breeding and growing sheds; and\npiggery in relation to premises shall include any portion of premises to which pigs have access.\n\n","sortOrder":21},{"sectionNumber":"28","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"28 GOVERNMENT GAZETTE, WA 4 January 2017\n5.14 Premises to be approved\n(1) No premises shall be used as a piggery unless approved by the local government.\n(2) Subject to subclause (3), no premises shall be approved as a piggery by the local government\nunless every portion of such piggery complies with the minimum separation distances listed in\nSchedule 3; or if it is an intensive piggery, the minimum separation distances listed in Schedule 4.\n(3) Sites unable to satisfy the separation requirements may be approved at the discretion of the local\ngovernment, if the local government is satisfied that approving the piggery will not give rise to a\nhealth nuisance.\n5.15 Site conditions\nThe owner or occupier of premises shall take reasonable measures to prevent the discharge of dust\nwhich may involve—\n(a) reducing the stock rate immediately to a level that does not cause the discharge of dust; or\n(b) stabilisation of the soil surface to a level that does not cause the discharge of dust; or\n(c) provision of adequate windbreaks to reasonable measures the discharge of dust.\n5.16 Prevention of nuisances\nIn order to prevent dust, offensive fumes and effluent becoming a nuisance to the health of the\ninhabitants of the district, an intensive piggery shall comply with the minimum separation distances\nlisted in Schedule 4.\nPART 6—PEST CONTROL\nDivision 1—Flies\n6.1 Interpretation\nflies means any of the two-winged insects constituting the order Diptera commonly known as\nflies.\n6.2 Fly breeding matter not to be left on premises unless covered or treated\nAn owner or occupier of premises, shall not place, throw or leave, or permit or cause to be placed,\nthrown or left in, on or about the premises any matter or thing which is liable to attract or be a\nbreeding place for flies, unless that matter or thing is covered, protected, treated or dealt with in such\na manner as to effectively prevent it from attracting or being a breeding place for flies.\n6.3 Measures to be taken by an occupier\nAn owner or occupier of premises shall ensure that—\n(a) rubbish receptacles are kept clean and tightly sealed as reasonably practical except when\nrefuse is being deposited or emptied;\n(b) food scraps and uneaten pet food are wrapped tightly and deposited in a rubbish receptacle\nwithout delay;\n(c) lawn clippings used on gardens as mulch are raked out thinly;\n(d) fertilisers are dug well into the soil;\n(e) compost heaps are kept well covered;\n(f) barbecues are kept clean and free from food scraps;\n(g) anything that is buried and may attract or be a breeding place for flies is covered with at\nleast 100 millimetres of soil; and\n(h) excrement from pets is collected and properly disposed of without delay.\n6.4 EHO may give notice directing measures to be taken\nWhere, in the opinion of an EHO, flies are prevalent or are breeding on any premises, an EHO may\ngive to the owner or occupier of the premises notice in writing directing him or her to take, within the\ntime specified in the notice, such measures as in the opinion of an EHO are necessary to—\n(a) control the prevalence;\n(b) effect the eradication; or\n(c) effectively prevent the breeding,\nof flies.\n6.5 Local government may execute work and recover costs\n(a) a person is required under this Division or directed by a notice given under clause 6.4, to\nexecute any work; and\nthe local government may execute the work and may recover from that person the cost of executing\nthe work, in addition to any penalty for which that person may be liable under this local law.\n(2) The costs and expenses incurred by the local government in the execution of a power under\nsubclause (1) may be recovered in a court of competent jurisdiction from the person referred to in\n\n4 January 2017 GOVERNMENT GAZETTE, WA 29\n(3) The local government shall not be liable to pay compensation or damages of any kind to the person\nreferred to in subclause (1) in relation to any action taken by the local government under this clause,\nother than compensation or damages for loss or damage suffered because the local government acted\nnegligently or in breach of duty.\nDivision 2—Mosquitoes\n6.6 Interpretation\nmosquitoes means any of the insects constituting the family Culicidae in the order Diptera\ncommonly known as mosquitoes.\n6.7 Measures to be taken to prevent mosquitoes breeding\n(1) An owner or occupier of premises shall ensure that the premises are kept free from possible\nmosquito breeding sites and shall—\n(a) follow any direction or notice of an EHO for the purpose of—\n(i) controlling the prevalence of mosquitoes;\n(ii) eradication of mosquitoes; or\n(iii) effectively preventing the breeding of mosquitoes; and\n(b) assist an EHO to locate any possible mosquito breeding sites that may be present in or about\nthe premises.\n(2) An owner or occupier of any premises where water is kept in a horse trough, poultry drinking\nvessel or other receptacle shall—\n(a) frequently change the water; and\n(b) keep the water clean and free from vegetable matter and slime.\n(3) An owner or occupier of premises where a septic tank is installed shall ensure the fixture is in a\nsound condition at all times, and mesh having openings no larger than 1.2 millimetres covers any\neduct vent to the system.\n(4) An owner or occupier of land shall cause all drains and channels in or on the land to be kept in\ngood order and free from obstruction.\n6.8 Local government may execute work and recover costs\n(a) a person is required under this Division or directed by a notice given under clause 6.7 to\nexecute any work; and\nthe local government may execute the work, and recover from that person the cost of executing the\nwork, in addition to any penalty for which that person may be liable.\n(2) The costs and expenses incurred by the local government in the execution of a power under\nsubclause (1) may be recovered in a court of competent jurisdiction from that person.\n(3) The local government is not liable to pay compensation or damages of any kind to the person\nreferred to in subclause (1) in relation to any action taken by the local government under this clause,\nother than compensation or damages for loss or damage suffered because the local government acted\nnegligently or in breach of duty.\nDivision 3—Rodents\n6.9 Interpretation\nrodents means those animals belonging to the order Rodentia and includes rats and mice but\ndoes not include native rodents, laboratory bred rats and mice or those kept as pets in an\nenclosure designed for the purpose of keeping as pets, animals of that kind.\n6.10 Measures to be taken to eradicate rodents\n(1) An owner or occupier of any premises shall at all times take reasonable measures to eradicate any\nrodents in or on the premises.\n(2) An EHO may direct, orally or in writing, an owner or occupier of premises to take whatever action,\nin the opinion of an EHO, is necessary or desirable to prevent or deter the presence of rodents in or on\nthe premises.\n(3) An owner or occupier shall within the time specified comply with any direction given by an EHO\nunder this clause.\n6.11 Waste food etc to be kept in rodent proof receptacles\nA person must not store or permit the storage upon any premises, any food, refuse or other waste\nmatter unless it is contained in a rodent proof receptacle or compartment.\n\n","sortOrder":22},{"sectionNumber":"30","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"30 GOVERNMENT GAZETTE, WA 4 January 2017\n6.12 Restrictions on keeping of rodents\nA person or body who keeps rodents shall—\n(a) at all times ensure that all live rodents are kept in the effective control of a person or in\nlocked cages; and\n(b) if a rodent escapes, forthwith take all reasonable steps to destroy or recapture the rodent.\nDivision 4—Cockroaches\n6.13 Interpretation\ncockroach means any of the various orthopterous insects commonly known as cockroaches.\n6.14 Measures to be taken to eradicate cockroaches\n(1) An owner or occupier of premises shall take reasonable measures to eradicate any cockroaches in\nor on the premises.\n(2) An EHO may direct, orally or in writing, an owner or occupier of premises to take whatever action\nthat, in the opinion of the EHO, is necessary or desirable to prevent or deter the presence of\ncockroaches in or on the premises.\n(3) An owner or occupier shall within the time specified comply with any direction given by an EHO\nunder this clause.\nDivision 5—Argentine Ants\n6.15 Interpretation\nArgentine Ant means an ant belonging to the species Linepithema humile (formally\nIridomyrmex humilis).\n6.16 Measures to be taken to keep premises free from Argentine Ants\nAn owner or occupier of premises shall ensure that the premises are kept free from Argentine Ant\ncolonies and shall—\n(a) take all steps to locate any nests if Argentine Ants are noticed in, on or about the premises;\n(b) properly treat all nests of Argentine Ants with an approved residual-based insecticide; and\n(c) whenever required by an EHO—\n(i) treat any area or infestation with an insecticide referred to in paragraph (b); and\n(ii) remove any objects, including timber, firewood, compost or pot plants in accordance\nwith a direction from an EHO.\nDivision 6—European Wasps\n6.17 Interpretation\nEuropean Wasp means a wasp belonging to the species Vespula germanica.\n6.18 Measures to be taken to keep premises free from European Wasp nests\nAn owner or occupier of premises shall ensure that the premises are kept free from European Wasp\nnests and shall—\n(a) follow any direction of an EHO for the purpose of destroying the European Wasps and their\nnests; and\n(b) assist an EHO, or his or her representative, to trace any nest that may be present in, on or\nabout the premises.\nDivision 7—Arthropod vectors of disease\n6.19 Interpretation\narthropod vectors of disease includes—\n(a) fleas (Siphonaptera);\n(b) bedbugs (Cimex lectularius);\n(c) pubic lice (Phthirus pubis);\n(d) body lice (Pediculus humanus humanus, also known as Pediculus humanus corporis); and\n(e) head lice (Pediculus humanus capitis).\n6.20 Responsibility of the owner or occupier\nThe owner or occupier of premises shall—\n(a) keep the premises and any person residing in or on the premises, free from any arthropod\nvectors of disease; and\n(b) comply with the direction of an EHO to treat the premises, or anything on the premises, for\nthe purpose of destroying any arthropod vectors of disease.\n\n4 January 2017 GOVERNMENT GAZETTE, WA 31\nPART 7—INFECTIOUS DISEASES\nDivision 1—General provisions\n7.1 Requirements on owner or occupier to clean, disinfect and disinfest\n(1) The local government or an EHO may, by notice in writing, direct an owner or occupier of\npremises, within the time and in the manner specified in the notice, to clean, disinfect and disinfest—\n(a) the premises; or\n(b) such things in or on the premises as are specified in the notice,\nor both, to the satisfaction of the EHO.\n(2) An owner or occupier shall comply with a notice given under subclause (1).\n7.2 EHO may disinfect or disinfest premises\n(1) Where the local government or the Medical Officer is satisfied that any case of infectious disease\nhas occurred on any premises, the local government or the Medical Officer may direct an EHO, other\nlocal government officer or other person to disinfect and disinfest the premises or any part of the\npremises and anything in or on the premises.\n(2) An owner or occupier of premises shall permit, and provide access to enable, an EHO, other local\ngovernment officer or other person to carry out the direction given under subclause (1).\n(3) The local government may recover, in a court of competent jurisdiction, the cost of carrying out the\nwork under this clause from the owner or occupier of the premises in or on which the work was\ncarried out.\n(4) The local government shall not be liable to pay compensation or damages of any kind to the owner\nor occupier of premises in relation to any action taken by the local government or any of its staff or\nemployees under this clause, other than compensation or damages for loss or damage suffered\nbecause the local government acted negligently or in breach of duty.\n7.3 Insanitary houses, premises and things\n(1) An owner or occupier of any house or premises shall maintain the house or premises free from any\ninsanitary condition or thing.\n(2) Where the local government considers that a house is insanitary, it may, by notice in writing,\ndirect an owner of the house, within the time and in the manner specified in the notice, to destroy or\namend the house.\n(3) Where an EHO considers that—\n(a) a house or premises is not being maintained in a sanitary condition; or\n(b) any thing is insanitary,\nthe EHO may, by notice in writing, direct, as the case may be—\n(i) the owner or occupier of the house or premises to amend any insanitary condition; or\n(ii) the owner or occupier of the thing to destroy or amend it,\nwithin the time and in the manner specified in the notice.\n(4) A person to whom a notice has been given under subclauses (2) or (3) shall comply with the terms\nof the notice.\n7.4 Persons in contact with an infectious disease sufferer\nIf a person in any house is, or is suspected of, suffering from an infectious disease, any occupant of the\nhouse or any person who enters or leaves the house—\n(a) shall obey such instructions or directions as the local government or the Medical Officer may\nissue; and\n(b) may be removed at the direction of the local government or the Medical Officer to isolation in\nan appropriate place to prevent or minimise the risk of the infection spreading, and if so\nremoved, shall remain in that place until the Medical Officer otherwise directs.\n7.5 Declaration of infected house or premises\n(1) To prevent or check the spread of infectious disease, the local government or the Medical Officer\nmay from time to time declare any house or premises to be infected.\n(2) A person shall not enter or leave any house or premises declared to be infected without the written\nconsent of the Medical Officer or an EHO.\n7.6 Destruction of infected animals\n(1) An EHO, upon being satisfied that an animal is or may be infected, or is liable to be infected or to\nconvey infection may, by notice in writing, direct that the animal be examined by a registered\nveterinary officer, and all steps taken to enable the condition to be controlled or eradicated or the\nanimal humanely destroyed and disposed of—\n(a) in the manner and within the time specified in the notice; and\n(b) by the person in whose possession, or upon whose premises, the animal is located.\n(2) A person who has in his or her possession or upon premises occupied by him or her, an animal\nwhich is the subject of a notice under subclause (1), shall comply with the terms of the notice.\n\n","sortOrder":23},{"sectionNumber":"32","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"32 GOVERNMENT GAZETTE, WA 4 January 2017\n7.7 Disposal of a body\n(1) An occupier of premises in or on which is located the body of a person who has died of an infectious\ndisease shall, subject to subclause (2), cause the body to be buried or disposed of in such manner,\nwithin such time and with such precautions as may be directed by the Medical Officer.\n(2) A body shall not be removed from premises where death occurred except to a cemetery or morgue.\n7.8 Local government may carry out work and recover costs\n(a) a person is required under this Division or by a notice given under this Division, to carry out\nany work; and\nthat person commits an offence and the local government may carry out the work or arrange for the\nwork to be carried out by another.\n(2) The costs and expenses incurred by the local government in the execution of a power under this\nclause may be recovered in a court of competent jurisdiction from the person referred to in subclause\n(1)(a).\n(3) The local government shall not be liable to pay compensation or damages of any kind to the person\nreferred to in subclause (1)(a) in relation to any action taken by the local government under this\nclause, other than compensation or damages for loss or damage suffered because the local government\nacted negligently or in breach of duty.\nDivision 2—Disposal of used condoms and needles\n7.9 Disposal of used condoms\n(1) An occupier of premises on or from which used condoms are produced shall ensure that the\ncondoms are—\n(a) placed in a sealed impervious container and disposed of in a sanitary manner; or\n(b) disposed of in such a manner as may be directed by an EHO.\n(2) A person shall not dispose of a used condom in a public place except in accordance with\n7.10 Disposal of used needles\nA person shall not dispose of a used hypodermic syringe or needle in a public place unless it is placed\nin an impenetrable, leak-proof container and deposited in a refuse receptacle.\nPART 8—LODGING HOUSES\nDivision 1—Registration\n8.1 Interpretation\n(1) In this Part, unless the context otherwise requires—\nbed means a single sleeping berth only, and a double bed provided for the use of couples has the\nsame floor space requirements as two single beds;\nbunk means a sleeping berth comprising one of two beds arranged vertically;\ndormitory means a building or room utilised for sleeping purposes at a short-term hostel or a\nrecreational campsite;\nFood Standards Code means the Australia New Zealand Food Standards Code as defined in the\nCommonwealth Food Standards Australia New Zealand Act 1991;\nkeeper means a person whose name appears on the register of keepers, in respect of a lodging\nhouse, as the keeper of that lodging house;\nlaundry unit means a group of facilities consisting of—\n(a) a washing machine with a capacity of not less than 4 kilograms weight of dry clothing;\n(b) one wash trough of not less than 36 litres capacity, connected to both hot and cold water;\n(c) either an electric drying cabinet or not less than 30 metres of clothes line; and\n(d) a hot water system that—\n(i) is capable of delivering an adequate supply of water at a temperature of at least\n65 degrees Celsius for each washing machine provided with the communal facilities;\nand\n(ii) has a delivery rate of not less than 0.076 litres per second to each washing machine;\nlodger means a person who obtains, for hire or reward, board or lodging in a lodging house;\nlodging house includes a recreational campsite, a serviced apartment and a short-term hostel;\nmanager means a person duly appointed by the keeper in accordance with this Division to reside\nin, and have the care and management of, a lodging house;\nrecreational campsite means a lodging house—\n(a) situated on a campsite principally used for—\n(i) recreational, sporting, religious, ethnic or educational pursuits; or\n\n4 January 2017 GOVERNMENT GAZETTE, WA 33\n(ii) conferences or conventions; and\n(b) where the period of occupancy of any lodger is not more than 14 consecutive days,\nand includes youth camps, youth education camps, church camps and riding schools, but does\nnot include a camp or caravan within the meaning of the Caravan Parks and Camping\nGrounds Act 1995;\nregister of lodgers means the register kept in accordance with section 157 of the Act and this\nPart;\nresident means a person other than a lodger who resides in a lodging house;\nserviced apartment means a lodging house in which each sleeping apartment, or group of\nsleeping apartments in common occupancy, is provided with its own sanitary conveniences\nand may have its own cooking facilities;\nshort-term hostel means a lodging house where the period of occupancy of any lodger is not\nmore than 14 consecutive days and includes a youth hostel or a backpacker hostel; and\nvector of disease means an arthropod or rodent that transmits, by biological or mechanical\nmeans, an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs,\ncrab lice, body lice and head lice.\n(2) Where in this Part an act is required to be done or forbidden to be done in relation to any lodging\nhouse, the keeper of the lodging house has, unless the contrary intention appears, the duty of causing\nthe act to be done, or of preventing the act so forbidden from being done, as the case may be.\n8.2 Lodging house not to be kept unless registered\nA person shall not keep or cause or allow to be kept a lodging house unless—\n(a) the lodging house is constructed in accordance with the requirements of this Part;\n(b) the lodging house is registered by the local government under clause 8.4;\n(c) the name of the person keeping or proposing to keep the lodging house is entered in the\nregister of keepers; and\n(d) when required by the local government either—\n(i) the keeper; or\n(ii) a manager who, with the written approval of an EHO, has been appointed by the\nkeeper to have the care and management of the lodging house,\nresides or intends to reside continuously in the lodging house, whenever there are one or more lodgers\nin the lodging house.\n8.3 Application for registration\nAn application for registration of a lodging house shall be—\n(a) submitted on the approved form as prescribed in Schedule 5;\n(b) duly completed and signed by the proposed keeper; and\n(c) accompanied by—\n(i) the approved fee as fixed from time to time by the local government under section 344C\nof the Act; and\n(ii) detailed plans and specifications of the lodging house.\n8.4 Approval of application\nThe local government may approve, with or without conditions, an application under clause 8.3 by\nissuing to the applicant a certificate of registration in the form prescribed in Schedule 6.\n8.5 Renewal of registration\nA person who keeps a lodging house which is registered under this Part shall—\n(a) during the month of June in each year apply to the local government for the renewal of the\nregistration of the lodging house in the form prescribed in Schedule 7; and\n(b) pay the approved fee as fixed from time to time by the local government under section 344C of\nthe Act at the time of making each application for renewal.\n8.6 Notification upon sale or transfer\nIf the owner of a lodging house sells or transfers or agrees to sell or transfer the lodging house to\nanother person, he or she shall, within 14 days of the date of sale, transfer or agreement, give to the\nlocal government in the form prescribed in Schedule 8, written notice of the full name, address and\noccupation of the person to whom the lodging house has been or is to be sold or transferred.\n8.7 Revocation of registration\n(1) Subject to subclause (3), the local government may, at any time, revoke the registration of a\nlodging house for any reason which, in the opinion of the local government, justifies the revocation.\n(2) Without limiting the generality of subclause (1), the local government may revoke a registration\nupon any one or more of the following grounds—\n(a) that the lodging house has not, to the satisfaction of the local government, been kept free\nfrom vectors of disease or remained in a clean and sanitary condition;\n(b) that the keeper has—\n(i) been convicted of an offence against this local law in respect of the lodging house;\n\n","sortOrder":24},{"sectionNumber":"34","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"34 GOVERNMENT GAZETTE, WA 4 January 2017\n(ii) not complied with a requirement of this Part; or\n(iii) not complied with a condition of registration;\n(c) that the local government, having regard to a report from the Police Service, is satisfied that\nthe keeper or manager is not a fit and proper person; and\n(d) that, by reason of alterations or additions or neglect to repair and renovate, the condition of\nthe lodging house is such as to render it, in the opinion of the local government, unfit to\nremain registered.\n(3) Before revoking the registration of a lodging house under this local law, the local government shall\ngive notice to the keeper requiring him or her, within a time specified in the notice, to show cause why\nthe registration should not be revoked.\n(4) Whenever the local government revokes the registration of a lodging house, it shall give the keeper\nnotice of the revocation, and the registration shall be revoked as from the date on which the notice is\nserved on the keeper.\nDivision 2—Construction and use requirements\n8.8 General construction requirements\nThe construction of a lodging house shall comply with the Building Code and the Act.\n8.9 Sanitary conveniences\n(1) A keeper shall maintain in good working order and condition and in convenient positions on the\npremises—\n(a) toilets; and\n(b) bathrooms, each fitted with a hand wash basin and either a shower or a bath in accordance\nwith the requirements of the Building Code.\n(2) A bathroom or toilet which is used as a private bathroom or toilet to the exclusion of other lodgers\nor residents shall not be counted for the purposes of subclause (1).\n(3) Each bath, shower and hand wash basin shall be provided with an adequate supply of hot and cold\nwater.\n(4) The walls of each shower and bath shall be of an impervious material to a minimum height of\n1.8 metres above the floor level.\n(5) Each toilet and bathroom shall—\n(a) be so situated, separated and screened as to ensure privacy;\n(b) be apportioned to each sex;\n(c) have a distinct sign displayed in a prominent position denoting the sex for which the toilet or\nbathroom is provided; and\n(d) be provided with adequate electric lighting and ventilation.\n(6) Paragraphs (b) and (c) of subclause (5) do not apply to a serviced apartment.\n8.10 Laundry\n(1) A keeper shall—\n(a) subject to subclause (2)—\n(i) in the case of a recreational campsite, provide on the premises a laundry consisting of\nat least one 45 litre stainless steel trough; and\n(ii) in any other case, provide on the premises a laundry unit for each 15 lodgers;\n(b) at all times maintain each laundry or laundry unit in a proper sanitary condition and in good\nrepair;\n(c) provide an adequate supply of hot and cold water to each wash trough, sink or washing\nmachine; and\n(d) ensure that the floor area of each laundry or laundry unit is properly surfaced with an even\nfall to a floor waste.\n(2) An EHO may approve the provision of a reduced number of laundry units if suitable equipment of\na commercial type is installed.\n8.11 Kitchen\nA keeper of a lodging house shall provide in that lodging house a kitchen which—\n(a) has adequate—\n(i) food storage facilities and cupboards to prevent contamination of food, or cooking or\neating utensils, by dirt, dust, flies or other vectors of disease of any kind; and\n(ii) refrigerator space for storage of perishable goods; and\n(b) must comply with any of the requirements of Standard 3.2.3 of the Food Standards Code\ncalled Food Premises and Equipment, as amended from time to time.\n8.12 Dining room\nThe keeper of a lodging house shall provide in that lodging house a dining room—\n(a) located in close proximity to or combined with the kitchen;\n\n4 January 2017 GOVERNMENT GAZETTE, WA 35\n(b) the floor area of which shall be 0.5 square metres per person or not less than 10 square\nmetres, whichever is the greater; and\n(c) which shall be—\n(i) adequately furnished to accommodate, at any one time, half of the number of lodgers;\nand\n(ii) provided with a suitable floor covering.\n8.13 Lounge room\nThe keeper of a lodging house shall provide in that lodging house, a lounge room—\n(a) with a floor area of—\n(i) where the lounge room is not combined with the dining room, not less than 0.6 square\nmetres per person; or\n(ii) where the lounge room is combined with a dining room, not less than 1.2 square metres\nper person,\nbut in either case having a minimum of 13 square metres; and\n(b) which shall be—\n(i) adequately furnished to accommodate, at any one time, half of the number of lodgers;\nand\n(ii) provided with a suitable floor covering.\n8.14 Fire prevention and control\n(1) The keeper of a lodging house must—\n(a) in each passage in the lodging house provide an emergency light—\n(i) in the position and pattern approved by an EHO; and\n(ii) which must be kept separate from the general lighting system and kept illuminated\nduring the hours of darkness;\n(b) provide an approved fire blanket positioned within 2 metres of the cooking area in each\nkitchen;\n(c) ensure that each exit sign and fire-fighting appliance is clearly visible, accessible and\nmaintained in good working order at all times; and\n(d) ensure all fire-fighting equipment and fire detection and alarm systems are adequately\nmaintained at all times in such a condition as will enable their proper performance.\n(2) The keeper of a lodging house must ensure that all buildings comprising the lodging house are\nfitted with fire protection equipment in accordance with the Building Code.\n8.15 Obstruction of passages and stairways\nA keeper shall not cause or allow furniture, fittings or other things to be placed either temporarily or\npermanently in or on—\n(a) a stairway, stair landing, fire escape, window or common passageway; or\n(b) part of the lodging house in common use, or intended or adapted for common use\nin such a manner as to form an obstruction to the free passage of lodgers, residents or persons in or\noccupying the lodging house.\n8.16 Fitting of locks\nA person shall not fit, or cause or permit to be fitted, to an exit door a lock or other device which\nprevents the door being opened from within a lodging house.\n8.17 Restriction on use of rooms for sleeping\n(1) Subject to subclause (3) and clause 8.31, a keeper shall not use or permit to be used as a sleeping\napartment a room in a lodging house—\n(a) which contains food;\n(b) which contains or is fitted with a cooking appliance or kitchen sink;\n(c) which is used as a kitchen, scullery, storeroom, dining room, general sitting room, or lounge\nroom or for the preparation or storage of food;\n(d) which is not reasonably accessible without passing through a sleeping or other room in the\nprivate occupation of another person;\n(e) which, except in the case of a short-term hostel or a recreational campsite, contains less than\n5.5 square metres of clear space for each lodger occupying the room;\n(f) which is naturally illuminated by windows having a ratio of less than 0.1 square metres of\nunobstructed glass to every 1.0 square metre of floor area;\n(g) which is ventilated at a ratio of less than 0.5 square metres of unobstructed ventilating area\nto every 10 square metres of floor area;\n(h) in which the lighting or ventilation referred to in paragraphs (f) and (g) is obstructed or is not\nin good and efficient order;\n(i) which is not free from internal dampness;\n(j) of which any part of the floor is below the level of the adjoining ground; or\n\n","sortOrder":25},{"sectionNumber":"36","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"36 GOVERNMENT GAZETTE, WA 4 January 2017\n(k) the floor of which is not fitted with an approved carpet or vinyl floor covering or other floor\ntreatment approved by an EHO.\n(2) For the purposes of this clause, 2 children under the age of 10 years are counted as one lodger.\n(3) Paragraphs (a), (b) and (c) of subclause (1) do not apply to a serviced apartment.\n8.18 Sleeping accommodation—short-term hostels and recreational campsites\n(1) A keeper of a short-term hostel or recreational campsite shall provide clear floor space of not less\nthan—\n(a) 4 square metres per person in each dormitory utilising beds; and\n(b) 2.5 square metres per person in each dormitory utilising bunks.\n(2) The calculation of floor space in subclause (1) shall exclude the area occupied by any large items of\nfurniture, such as wardrobes, but may include the area occupied by beds.\n(3) The minimum height of any ceiling in a short-term hostel or recreational campsite shall be\n2.4 metres in any dormitory utilising beds, and 2.7 metres in any dormitory utilising bunks.\n(4) The minimum floor area requirements in subclause (1) will only apply if there are ventilation,\nseparation distances, fire egress and other safety requirements in accordance with the Building Code.\n(5) The keeper of any short-term hostel or recreational campsite shall provide—\n(a) fixed outlet ventilation at a ratio of 0.15 square metres to each 10 square metres of floor area\nof the dormitories, and shall ensure that dormitories are provided with direct ventilation to\nthe open air from a point within 230 millimetres of the ceiling level through a fixed open\nwindow or vents, carried as direct to the open air as is practicable; and\n(b) mechanical ventilation in lieu of fixed ventilation, subject to the approval of the local\ngovernment.\n(6) The keeper of any short-term hostel or recreational campsite shall provide—\n(a) beds with a minimum size of—\n(i) in short-term hostels—800 millimetres x 1.9 metres; and\n(ii) in recreational campsites—750 millimetres x 1.85 metres; and\n(b) storage space for personal effects, including backpacks, so that cleaning operations are not\nhindered and access spaces are not obstructed.\n(7) The keeper of any short-term hostel or recreational campsite shall—\n(a) arrange at all times a distance of 750 millimetres between beds, and a distance of\n900 millimetres between bunks;\n(b) ensure that, where bed or bunk heads are placed against the wall on either side of a\ndormitory, there is a passageway of at least 1.35 metres between each row of beds and a\npassageway of at least 2 metres between each row of bunks, and shall ensure that the\npassageway is kept clear of obstruction at all times; and\n(c) ensure all doors, windows and ventilators are kept free of obstruction.\n(8) The keeper of a short-term hostel or recreational campsite shall ensure that—\n(a) materials used in dormitory areas comply with AS 1530.2—1993 and AS/NZS 1530.3:1999 as\nfollows—\n(i) drapes, curtains, blinds and bedcovers—\na maximum Flammability Index of 6;\n(ii) upholstery and bedding—\na maximum Spread of Flame Index of 6; and\na maximum Smoke Developed Index of 5; and\n(iii) floor coverings—\na maximum Spread of Flame Index of 7; and\na maximum Smoke Developed Index of 5;\n(b) fire retardant coatings used to make a material comply with the indices set out in subclause\n(8)(a) must be—\n(i) certified by the manufacturer as approved for use with the fabric to achieve the\nrequired indices;\n(ii) certified by the manufacturer to retain its fire retardative effect after a minimum of\n5 commercial dry cleaning or laundering operations carried out in accordance with\nAS 2001.5.4—2005, Procedure 7A, using ECE reference detergent; and\n(iii) certified by the applicator as having been carried out in accordance with the\nmanufacturer’s specifications of the product;\n(c) emergency lighting is provided in accordance with the Building Code;\n(d) a lodger or other person does not smoke in any dormitory, kitchen, dining room or other\nenclosed public place within a short-term hostel or recreational campsite; and\n(e) all mattresses in a short-term hostel or recreational campsite are fitted with a mattress\nprotector.\n\n4 January 2017 GOVERNMENT GAZETTE, WA 37\n8.19 Furnishing etc of sleeping apartments\n(1) A keeper shall—\n(a) furnish each sleeping apartment with a sufficient number of beds and sufficient bedding of\ngood quality;\n(b) ensure that each bed—\n(i) has a bed head, mattress and pillow; and\n(ii) is provided with a pillow case, mattress cover, two sheets, a blanket or rug, and from\n","sortOrder":26},{"sectionNumber":"1","sectionType":"section","heading":"May to 30 September, not less than one additional blanket or rug; and","content":"1 May to 30 September, not less than one additional blanket or rug; and\n(c) furnish each bedroom so that there are adequate storage facilities for belongings within the\nroom.\n(2) A keeper shall not cause or allow any tiered beds or bunks to be used in a sleeping apartment\nother than in a lodging house used exclusively as a short term hostel or recreational campsite.\n(3) The sheets and blankets required to be provided by subclause (1)(b)(ii) shall be deemed to have\nbeen provided by the keeper, where the keeper offers them for hire to the lodgers. In such\ncircumstances, each lodger must either provide her or his own clean sheets or hire them from the\nkeeper.\n(4) In a short-term hostel or recreational campsite, the storage facilities required by subclause (1)(c)\nmay be located in a separate secure storage room or locker room.\n8.20 Ventilation\nIf, in the opinion of an EHO, a kitchen, bathroom, toilet, laundry or habitable room is not adequately\nor properly ventilated, he or she may direct the keeper to provide a different or additional method of\nventilation.\n8.21 Numbers to be placed on doors\n(1) A keeper must place or cause to be placed on the outside of the doors of all rooms available to\nlodgers in the lodging house, serial numbers so that—\n(a) the number “1” is placed on the outside of the door of the room nearest to the front or main\nentry door of the lodging house; and\n(b) the numbers continue in sequence throughout each floor (if there is more than one) of the\nlodging house.\n(2) The numbers to be placed on the doors under subclause (1) must be—\n(a) not less than 40 millimetres in height;\n(b) 1.5 metres from the floor; and\n(c) permanently fixed either by being painted on the doors or shown by other legible means.\nDivision 3—Management and care\n8.22 Keeper or manager to reside in the lodging house\nNo keeper of a lodging house shall absent herself or himself from such house, unless she or he leaves\nsome reputable person in charge thereof.\n8.23 Register of lodgers\n(1) A keeper shall keep a register of lodgers in the form prescribed in Schedule 9.\n(2) The register of lodgers shall be—\n(a) kept in the lodging house; and\n(b) open to inspection at any time on demand by any member of the Police Service or by an EHO.\n8.24 Keeper to report\nA keeper shall, whenever required by the local government, report to the local government, in the\nform of Schedule 10, the name of each lodger who lodged in the lodging house during the preceding\nday or night.\n8.25 Certificate in respect of sleeping accommodation\n(1) An EHO may issue to a keeper, a certificate, in respect of each room, which shall be in the form of\nSchedule 8.\n(2) The certificate issued under subclause (1) shall specify the maximum number of persons permitted\nto occupy each room of a sleeping apartment at any one time.\n(3) When required by an EHO, a keeper shall exhibit the certificate issued under this clause in a\nconspicuous place in the room to which it refers.\n(4) A person shall not cause or allow a greater number of persons than is specified on a certificate\nissued under this clause to occupy the room to which it refers.\n8.26 Duplicate keys and inspection\nEach keeper and manager of a lodging house shall—\n(a) retain possession of a duplicate key to the door of each room; and\n(b) when required by an EHO, open the door of any room for the purposes of inspection by the\nEHO.\n\n","sortOrder":27},{"sectionNumber":"38","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"38 GOVERNMENT GAZETTE, WA 4 January 2017\n8.27 Room occupancy\n(1) A keeper shall not—\n(a) cause or allow more than the maximum number of persons permitted by the certificate of\nregistration of the lodging house to be lodged at any one time in the lodging house;\n(b) cause or allow to be placed or kept in any sleeping apartment—\n(i) a larger number of beds; or\n(ii) larger quantity of bedding than is required to accommodate and provide for the\nmaximum number of persons permitted to occupy the sleeping apartment at any one\ntime; and\n(c) use or cause or allow to be used for sleeping purposes a room that—\n(i) has not been certified for that purpose; and\n(ii) the local government has forbidden to be used as a sleeping apartment.\n(2) For the purpose of this clause, 2 children under 10 years of age shall be counted as one lodger.\n8.28 Maintenance of a room by a lodger or resident\n(1) A keeper may permit or contract with a lodger or resident to service, clean or maintain the room or\nrooms occupied by the lodger or resident.\n(2) Where permission is given or a contract entered into under subclause (1), the keeper shall—\n(a) inspect each room the subject of the permission or agreement at least once a week; and\n(b) ensure that each room is being maintained in a clean condition.\n(3) A lodger or resident who contracts with a keeper to service, clean or maintain a room occupied by\nhim or her, shall maintain the room in a clean condition.\n8.29 Cleaning and maintenance requirements\n(1) In this clause, bed linen includes sheets, pillow cases and mattress covers.\n(2) A keeper of a lodging house shall—\n(a) maintain in a clean, sound and undamaged condition—\n(i) the floor, walls, ceilings, woodwork and painted surfaces;\n(ii) the floor coverings and window treatments; and\n(iii) the toilet seats;\n(b) maintain in a clean condition and in good working order—\n(i) all fixtures and fittings; and\n(ii) windows, doors and door furniture;\n(c) ensure that the internal walls of each bathroom and toilet are painted so as to maintain a\nsmooth impervious washable surface;\n(d) ensure that all floors are kept clean at all times;\n(e) ensure that—\n(i) all bed linen, towels and house linen in use are washed at least once a week;\n(ii) within a reasonable time of a bed having been vacated by a lodger or resident, the bed\nlinen is removed and washed;\n(iii) a person does not occupy a bed which has been used by another person unless the bed\nhas been provided with clean bed linen;\n(iv) all beds, bedsteads, blankets, rugs, covers, bed linen, towels and house linen are kept\nclean, in good repair and free from vectors of disease;\n(v) when any vectors of disease are found in a bed, furniture, room or sleeping apartment,\nimmediate effective action is taken to eradicate the vectors of disease; and\n(vi) a room which is not free from vectors of disease is not used as a sleeping apartment;\n(f) when so directed by an EHO, ensure that—\n(i) a room, together with its contents and any other part of the lodging house, is cleaned\nand disinfected; and\n(ii) a bed or other article of furniture is removed from the lodging house and properly\ndisposed of;\n(g) ensure that the yard is kept clean at all times;\n(h) provide all bedrooms, passages, common areas, toilets, bathrooms and laundries with\nadequate lighting; and\n(i) comply with any direction, whether orally or in writing, given by an EHO.\n8.30 Responsibilities of lodgers and residents\nA lodger or resident shall not—\n(a) use any room available to lodgers—\n(i) as a shop, store or factory; or\n(ii) for manufacturing or trading services;\n\n4 January 2017 GOVERNMENT GAZETTE, WA 39\n(b) keep or store in or on the lodging house any goods or materials that are inflammable or\noffensive;\n(c) use a bath or hand wash basin other than for ablutionary purposes;\n(d) use a bathroom facility or fitting for laundry purposes;\n(e) use a sink installed in a kitchen or scullery for any purpose other than the washing and\ncleaning of cooking and eating utensils, other kitchenware and culinary purposes;\n(f) deposit rubbish or waste food other than into a proper rubbish receptacle;\n(g) in a kitchen or other place where food is kept—\n(i) wash or permit the washing of clothing or bedding; or\n(ii) keep or permit to be kept any soiled clothing or bedding;\n(h) subject to clause 8.31—\n(i) keep, store, prepare or cook food in any sleeping apartment; or\n(ii) unless sick or invalid and unable to leave a sleeping apartment for that reason, use a\nsleeping apartment for dining purposes;\n(i) place or keep in any part of a lodging house, any luggage, clothing, bedding, or furniture that\nis infested with vectors of disease;\n(j) store or keep such a quantity of furniture, material or goods within the lodging house—\n(i) in any kitchen, living or sleeping apartment so as to prevent the cleaning of the floors,\nwalls, fittings or fixtures; or\n(ii) in a sleeping apartment so as to decrease the air space to less than the minimum\nrequired by this Part;\n(k) obstruct or prevent the keeper or manager from inspecting or examining the room or rooms\noccupied by the lodger or resident; and\n(l) fix any fastener or change any lock to a door or room without the written approval of the\nkeeper.\n8.31 Approval for storage of food\n(1) An EHO may—\n(a) upon written application from a keeper, approve the storage of food within a refrigerator or\nsealed container in a sleeping apartment; and\n(b) withdraw the approval if a nuisance or vector of disease infestation is found to exist in the\nlodging house.\n(2) The keeper of a serviced apartment may permit the storage and consumption of food within that\napartment if suitable storage and dining facilities are provided.\nPART 9—OFFENSIVE TRADES\n9.1 Interpretation\noccupier in relation to premises includes the person registered as the occupier of the premises\nspecified in the certificate of registration;\noffensive trade means any trades as defined by section 186 of the Act; and\npremises includes houses.\n9.2 Consent to establish an offensive trade\nA person seeking the consent of the local government under section 187 of the Act to establish an\noffensive trade shall make an application in the form prescribed in Schedule 12 and in accordance\nwith the local government’s local planning scheme.\n9.3 False statement\nA person who makes a false statement in an application under clause 9.2 commits an offence.\n9.4 Registration of premises\nAn application for the registration of premises pursuant to section 191 of the Act shall be—\n(a) in the form prescribed in Schedule 13;\n(b) accompanied by the fee prescribed in the Health (Offensive Trades Fees) Regulations 1976;\nand\n(c) lodged with the local government.\n9.5 Certificate of registration\nUpon the registration of premises for the carrying on of an offensive trade, the local government shall\nissue to the applicant a certificate in the form of Schedule 14.\n9.6 Change of occupier\nWhere there is a change of occupier of the premises registered pursuant to this Division, the new\noccupier shall forthwith notify the CEO in writing of such change.\n\n","sortOrder":28},{"sectionNumber":"40","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"40 GOVERNMENT GAZETTE, WA 4 January 2017\n9.7 Alterations to premises\nWhile any premises remain registered under this Division, a person shall not, without the written\npermission of the local government, make or permit any change or alteration whatever to the\npremises.\nDivision 2—General duties of an occupier\n9.8 Interpretation\noccupier means the occupier, or where there is more than one occupier, each of the occupiers of\nthe premises in or upon which an offensive trade is carried on; and\npremises means those premises in or upon which an offensive trade is carried on.\n9.9 Cleanliness\n(a) ensure the premises is kept and maintained in a clean and sanitary condition and that floors,\nwalls, ceilings and other portions of the premises are kept in a state of good repair;\n(b) ensure all fittings, fixtures, appliances, machinery, implements, shelving, furniture, bins,\nsinks, drain boards, grease traps, tubs, vessels and other things used on or in connection with\nthe premises are kept in a clean and sanitary condition in a good state of repair;\n(c) keep the premises free from offensive odour arising from the premises;\n(d) maintain in a clean and tidy condition all yards, footpaths, passageways, paved areas, stores\nor outbuildings used in connection with the premises; and\n(e) clean daily, and at all times keep and maintain all sanitary conveniences and all sanitary\nfittings and grease traps on the premises in a clean and sanitary condition.\n9.10 Rats and other vectors of disease\n(a) ensure that the premises are kept free from rodents, cockroaches, flies and other vectors of\ndisease; and\n(b) subject to any written law, provide in and on the premises effective means and methods for\nthe eradication and prevention of rodents, cockroaches, flies and other vectors of disease.\n9.11 Sanitary conveniences and hand wash basins\nThe occupier shall provide on the premises in an approved position, sufficient sanitary conveniences\nand hand wash basins, each with an adequate supply of hot and cold water for use by employees and\nby all other persons lawfully upon the premises.\n9.12 Painting of walls etc\nThe occupier shall cause the internal surface of every wall, the underside of every ceiling or roof and\nall fittings as may be directed in and on the premises to be cleaned and painted when instructed by\nan EHO.\n9.13 Effluvia, vapours or gases\n(a) provide, use and maintain in a state of good repair and working order, appliances and\npreventive measures capable of effectively destroying or of rendering harmless all offensive\neffluvia, vapours, dust or gases arising in any process of his business or from any material,\nresidue or other substance which may be kept or stored upon the premises; and\n(b) manage and operate the premises such that odours emanating from the premises do not\nunreasonably interfere with the health, welfare, convenience, comfort or amenity of any\nperson.\n9.14 Offensive material\n(a) provide on the premises, impervious receptacles of sufficient capacity to receive all offensive\nmaterial and trade refuse produced upon the premises in any one day;\n(b) keep airtight covers on the receptacles, except when it is necessary to place something in or\nremove something from them;\n(c) cause all offensive material and trade refuse to be placed immediately in the receptacles;\n(d) cause the contents of the receptacles to be removed from the premises at least once in every\nworking day or at such other intervals as may be approved or directed by an EHO; and\n(e) cause all receptacles after being emptied to be cleaned immediately with an efficient\ndisinfectant.\n9.15 Storage of materials\nThe occupier shall cause all material on the premises to be stored so as not to be offensive or injurious\nto health whether by smell or otherwise and so as to prevent the creation of a nuisance.\n\n4 January 2017 GOVERNMENT GAZETTE, WA 41\n9.16 Specified offensive trades\n(1) For the purposes of this clause, specified offensive trade means one or more of the offensive\ntrades carried on, in or connected with the following works or premises—\n(a) fat rendering premises; and\n(b) laundries, dry cleaning premises and dye works.\n(2) Where premises are used for or in relation to a specified offensive trade, the occupier shall—\n(a) cause the floor of the premises to—\n(i) be properly paved and drained with impervious materials;\n(ii) have a smooth surface; and\n(iii) have a fall to a bucket trap or spoon drain in such a way that all liquids falling on the\nfloor shall be conducted by the trap or drain to a drain inlet situated inside the building\nwhere the floor is situated;\n(b) cause the angles formed by the walls with any other wall, and by the wall with the floor, to be\ncoved to a radius of not less than 25 millimetres; and\n(c) cause all liquid refuse to be—\n(i) cooled to a temperature not exceeding 26 degrees Celsius and in accordance with the\nWater Services Act 2012, before being discharged into any drain outlet from any part of\nthe premises; and\n(ii) directed through such screening or purifying treatment as an EHO may from time to\ntime direct.\n9.17 Directions\n(1) An EHO may give to the occupier directions to prevent or diminish the offensiveness of a trade or\nto safeguard the public health.\n(2) The occupier shall comply with any directions given under this clause.\n9.18 Other duties of occupier\nIn addition to the requirements of this Division, the occupier shall comply with all other requirements\nof this Part that apply to the particular offensive trade or trades carried on by her or him.\nDivision 3—Fish premises\n9.19 Interpretation\nfish premises includes a fish processing establishment, fish curing establishment and a shellfish\nand crustacean processing establishment.\n9.20 Duties of an occupier\nThe occupier of a fish premises shall—\n(a) not suffer or permit any decomposing fish to be kept on the premises where her or his trade is\ncarried on for a longer period than is reasonably necessary to dispose of them;\n(b) cause all decomposing fish to be immediately deposited in an impervious receptacle furnished\nwith an airtight cover; and\n(c) cause the brine of pickle to be removed as often as is necessary to prevent it from becoming\noffensive.\n9.21 Disposal of waste\nThe occupier of a fish premises shall cause all offal and wastes, all rejected and unsaleable fish and\nany rubbish or refuse which is likely to be offensive or a nuisance to be—\n(a) placed in the receptacles referred to in clause 9.14 and disposed of in accordance with that\nclause; or\n(b) kept in a frozen state in an approved enclosure before its removal from the premises.\n9.22 Fish containers\nThe occupier of a fish premises shall not allow any container used for the transport of fish to—\n(a) remain on the premises longer than is necessary for it to be emptied; or\n(b) be kept so as to cause a nuisance or to attract flies.\nDivision 4—Laundries, dry cleaning establishments and dye works\n9.23 Interpretation\ndry cleaning establishment means premises where clothes or other articles are cleaned by use\nof solvents without using water, but does not include premises in which perchlorethylene or\narklone is used as dry cleaning fluid in a machine operating on a full cycle and fully enclosed\nbasis;\n\n","sortOrder":29},{"sectionNumber":"42","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"42 GOVERNMENT GAZETTE, WA 4 January 2017\ndye works means a place where articles are commercially dyed, but does not include dye works in\nwhich provision is made for the discharge of all liquid waste therefrom into a public sewer;\nexempt laundromat means a premises in which—\n(a) laundering is carried out by members of the public using, on payment of a fee, machines\nor equipment provided by the owners or occupiers of those establishments; and\n(b) laundering is not carried out by those owners or occupiers for or on behalf of other\npersons; and\n(c) provision is made for the discharge of all liquid waste therefrom into a public sewer;\nlaundromat means a public place with coin operated washing machines, spin dryers or dry\ncleaning machines; and\nlaundry means any place where articles are laundered by commercial grade machinery but does\nnot include an exempt laundromat.\n9.24 Receiving depot\nAn owner or occupier of premises shall not use or permit the premises to be used as a receiving depot\nfor a laundry, dry cleaning establishment or dye works, except with the written permission of an EHO\nwho may at any time, by written notice, withdraw such permission.\n9.25 Reception room\n(1) The occupier of a laundry, dry cleaning establishment or dye works shall—\n(a) provide a reception room in which all articles brought to the premises for treatment shall be\nreceived and shall not receive or permit to be received any such articles except in that room;\nand\n(b) cause such articles, as may be directed by an EHO, to be thoroughly disinfected to the\nsatisfaction of the officer.\n(2) A person shall not bring or permit food to be brought into the reception room referred to in this\nclause.\n9.26 Walls and floors\nThe occupier of a laundry, dry cleaning establishment or dye works shall cause—\n(a) the internal surfaces of all walls to be rendered with a cement plaster with a steel float finish\nor other approved material to a height of 2 metres and to be devoid of holes, cracks or\ncrevices;\n(b) the floor to be impervious, constructed of concrete and finished to a smooth surface; and\n(c) every floor and wall of any building on the premises to be kept at all times in good order and\nrepair, so as to prevent the absorption of any liquid which may be splashed or spilled or may\nfall or be deposited on it.\n9.27 Laundry floor\nThe occupier of a laundry shall provide in front of each washing machine a non-corrosive grating,\nwith a width of at least 910 millimetres, so constructed as to prevent any person from standing in\nwater on the floor.\n9.28 Escape of dust\nThe occupier of a dry cleaning establishment shall provide effective means to prevent the escape into\nthe open air of all dust or other material from the premises.\n9.29 Precautions against combustion\nThe occupier of a dry cleaning establishment where volatile liquids are used shall take all proper\nprecautions against combustion and shall comply with all directions given by an EHO for that\npurpose.\n9.30 Trolleys\nThe occupier of a laundry or dry cleaning establishment shall—\n(a) provide trolleys for the use of transporting dirty and clean linen; and\n(b) ensure that each trolley is—\n(i) clearly designated to indicate the use for which it is intended;\n(ii) lined internally with a smooth, impervious, non-absorbent material that is easily\ncleaned; and\n(iii) thoroughly cleaned and disinfected on a regular basis.\n9.31 Sleeping on premises\nA person shall not use or permit any room in a laundry, dry cleaning establishment or dye works to be\nused for sleeping purposes.\nPART 10—OFFENCES AND PENALTIES\n10.1 Offences and penalties\n(1) A person who contravenes a provision of this local law commits an offence.\n\n4 January 2017 GOVERNMENT GAZETTE, WA 43\n(2) A person who commits an offence under subclause (1) is liable—\n(a) to a penalty which is not more than $2 500 and not less than—\n(i) in the case of a first such offence, $250;\n(ii) in the case of a second such offence, $500; and\n(iii) in the case of a third or subsequent such offence, $1 250; and\n(b) if the offence is a continuing offence, a daily penalty which is not more than $250 and not less\nthan $125.\n————\n","sortOrder":30},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"APPLICATION FOR LICENCE OF A MORGUE","content":"SCHEDULE 1—APPLICATION FOR LICENCE OF A MORGUE\n[Clause 3.13]\nI .....................................................................................................................................................................\n(Full name of applicant)\nof ...................................................................................................................................................................\n(Residential address of applicant)\napply to licence the premises listed below as a Morgue.\nAddress of premises: ....................................................................................................................................\nName of premises: ........................................................................................................................................\n(Signature of applicant)\n————\n","sortOrder":31},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"REQUIRED SEPARATION DISTANCES FOR FEEDLOTS","content":"SCHEDULE 2—REQUIRED SEPARATION DISTANCES FOR FEEDLOTS\n[Clause 5.11]\nBuffer Distances\nTownsite boundaries 5000 m\nIsolated rural dwellings, dairies and industries 1000 m\nPublic roads and recreation areas 100 m\nNeighbouring rural property 50 m\nMajor water courses and water impoundment 300 m\nBores, wells or soak wells used for drinking, stock or irrigation 300 m\nMinor water courses 100 m\n————\n","sortOrder":32},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"REQUIRED SEPARATION DISTANCES FOR PIGGERIES","content":"SCHEDULE 3—REQUIRED SEPARATION DISTANCES FOR PIGGERIES\n[Clause 5.14]\nBuffer Distances\nTownsite boundaries 5000 m\nIsolated rural dwellings, dairies and industries 1000 m\nPublic roads and recreation areas 100 m\nNeighbouring rural property 50 m\nMajor water courses and water impoundment 300 m\nBores, wells or soak wells used for drinking, stock or irrigation 300 m\nMinor water courses 100 m\n\n","sortOrder":33},{"sectionNumber":"44","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"44 GOVERNMENT GAZETTE, WA 4 January 2017\n","sortOrder":34},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"REQUIRED SEPARATION DISTANCES FOR INTENSIVE PIGGERIES","content":"SCHEDULE 4—REQUIRED SEPARATION DISTANCES FOR INTENSIVE PIGGERIES\n[Clause 5.14 and 5.16]\nTownsite\nboundaries\nIsolated\ndwellings,\ndairies,\nindustries\nPublic\nroads,\nrecreation\nareas\nNeigh-\nbouring\nproperty\nboundaries\nSurface\ncatchments\nWater\ncourses/\nimpound-\nments\nBores,\nwells,\nsoaks,\ndrinking\nStock\nirrigation\nPiggeries & facilities\ncatering for more\nthan 5,000 pigs\n5000m 1000m 200m 50m Not permitted 300m 300m 100m\n500-5000 pigs 3500m 1000m 150m 50m Not permitted 300m 300m 100m\n50-499 pigs 2000m 1000m 100m 50m Not permitted 300m 300m 100m\nLess than 50 pigs 500m 1000m 100m 50m Not permitted 200m 300m 100m\nLand used to dispose\nof raw or partly\ntreated wastes\n1000m 1000m 100m 50m Not permitted 300m 300m 300m\nLand used to dispose\nof effectively treated\nwastes\n200m 50m 20m 20m Not permitted 100m 100m 100m\n————\n","sortOrder":35},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"APPLICATION FOR REGISTRATION OF A LODGING HOUSE","content":"SCHEDULE 5—APPLICATION FOR REGISTRATION OF A LODGING HOUSE\n[Clause 8.3]\nI/We .................................................................................................................................................................\nof ......................................................................................................................................................................\napply for the registration of premises situated (or to be situated) at .........................................................\n..........................................................................................................................................................................\nas a lodging house to be classified as—\n(Tick which is to apply)\nand for my name to be entered in the Register as the keeper of the lodging house.\nDESCRIPTION OF LODGING HOUSE—\nNumber of storeys: .............................................\nNumber Area\nLaundries/toilets/bathrooms ............................ ............................\nBedrooms ............................ ............................\nDining Rooms ............................ ............................\nKitchens ............................ ............................\nSitting Rooms ............................ ............................\nOther (Specify)—\n................................................................................... ............................ ............................\nRooms for lodgers Number Area\nBedrooms ............................ ............................\nDining Rooms ............................ ............................\nKitchens ............................ ............................\nSitting Rooms ............................ ............................\nOther (Specify)—\n................................................................................... ............................ ............................\nSanitary conveniences for male lodgers Number\nToilets ............................\nUrinals ............................\nBaths ............................\nShowers ............................\nHand wash basins ............................\n\n4 January 2017 GOVERNMENT GAZETTE, WA 45\nSanitary conveniences for female lodgers Number\nToilets ............................\nBaths ............................\nShowers ............................\nHand wash basins ............................\nLaundry facilities Number\nWash-troughs ............................\nWashing machines ............................\nDrying cabinets or clothes lines ............................\nAdditional Details—\n(a) Lodgers’ meals will/will not be provided by the manager/keeper/lodgers.\n(b) The keeper will/will not reside continuously on the premises.\n(c) Name and occupation of proposed manager if keeper resides elsewhere—\n...........................................................................................................................................................\n(d) There will be ................. family members residing on the premises with the keeper/manager.\n————\n","sortOrder":36},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"CERTIFICATE OF REGISTRATION OF A LODGING HOUSE","content":"SCHEDULE 6—CERTIFICATE OF REGISTRATION OF A LODGING HOUSE\n[Clause 8.4]\nThis is to certify that the premises situated at ............................................................................................\n..........................................................................................................................................................................\nis registered as a lodging house and classified as—\n(Specify which is to apply)\nuntil 30 June ..................., on the following conditions—\n(1) that ............................., whose name is entered on the register of keepers of the Shire of\nCunderdin, continues to be the keeper of the lodging house;\n(2) that the Certificate of Registration is not sooner cancelled or revoked;\n(3) that the maximum number of rooms to be used as sleeping apartments for lodgers is\n..................................; and\n(4) that the maximum number of lodgers accommodated on the premises shall not exceed\n.................................\nThis Certificate of Registration is issued subject to the Health Act 1911 and the Shire of Cunderdin\nHealth Local Law 2016 and is not transferable.\n————\n","sortOrder":37},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"APPLICATION FOR RENEWAL OF REGISTRATION OF A","content":"SCHEDULE 7—APPLICATION FOR RENEWAL OF REGISTRATION OF A\nLODGING HOUSE\n[Clause 8.5]\nI/We .................................................................................................................................................................\nof ......................................................................................................................................................................\napply for the renewal of registration of premises situated (or to be situated) at .......................................\n.........................................................................................................................................................................\nas a lodging house to be classified as—\n(Tick which is to apply)\n\n","sortOrder":38},{"sectionNumber":"46","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"46 GOVERNMENT GAZETTE, WA 4 January 2017\nand for my name to be entered in the Register as the keeper of the lodging house. Application fee of\n$............................... is attached.\n————\n","sortOrder":39},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":"NOTICE OF CHANGE OF OWNER OF A LODGING HOUSE","content":"SCHEDULE 8—NOTICE OF CHANGE OF OWNER OF A LODGING HOUSE\n[Clause 8.6]\nI/We .................................................................................................................................................................\nof ......................................................................................................................................................................\nam/are the new owner/s of premises situated at ..........................................................................................\n..........................................................................................................................................................................\nwhich are registered in the name of .............................................................................................................\nfor carrying on of the lodging house business.\n————\n","sortOrder":40},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":"REGISTER OF LODGERS","content":"SCHEDULE 9—REGISTER OF LODGERS\n[Clause 8.23]\nLocation of lodging house: .............................................................................................................................\n..........................................................................................................................................................................\nDate of\nArrival\nName Previous Address Signature Room\nNo\nDate of\nDeparture\n————\n","sortOrder":41},{"sectionNumber":"Sch 10","sectionType":"schedule","heading":"LIST OF LODGERS","content":"SCHEDULE 10—LIST OF LODGERS\n[Clause 8.24]\nThe following is the name of every person who resided in the lodging house situated at\n..........................................................................................................................................................................\non ..........................................................................................\nLodger’s name—\n............................................................................. ...............................................................................\n............................................................................. ...............................................................................\n............................................................................. ...............................................................................\n............................................................................. ...............................................................................\n(Signature of keeper)\n\n4 January 2017 GOVERNMENT GAZETTE, WA 47\n","sortOrder":42},{"sectionNumber":"Sch 11","sectionType":"schedule","heading":"CERTIFICATE OF SLEEPING ACCOMMODATION","content":"SCHEDULE 11—CERTIFICATE OF SLEEPING ACCOMMODATION\nFOR A LODGING HOUSE\n[Clause 8.25]\nTo ....................................................................................................................................................................\n(Full name of Keeper)\nof ......................................................................................................................................................................\n(Residential Address of Keeper)\nFor the registered lodging house situated at ................................................................................................\n..........................................................................................................................................................................\nThe rooms listed below are not to be occupied by more than the number of lodgers or residents\nindicated below—\nRoom Number Maximum Occupancy\n————\n","sortOrder":43},{"sectionNumber":"Sch 12","sectionType":"schedule","heading":"APPLICATION FOR CONSENT TO ESTABLISH AN OFFENSIVE TRADE","content":"SCHEDULE 12—APPLICATION FOR CONSENT TO ESTABLISH AN OFFENSIVE TRADE\n[Clause 9.2]\nI/We .................................................................................................................................................................\nof ......................................................................................................................................................................\napply for consent to establish an offensive trade being\n..........................................................................................................................................................................\n(Description of offensive trade)\nin or upon ........................................................................................................................................................\n(Location of the house or premises)\nPlans and specifications of the buildings proposed to be used or erected in connection with the\nproposed offensive trade are attached.\n————\n","sortOrder":44},{"sectionNumber":"Sch 13","sectionType":"schedule","heading":"APPLICATION FOR REGISTRATION OF PREMISES FOR","content":"SCHEDULE 13—APPLICATION FOR REGISTRATION OF PREMISES FOR\nOFFENSIVE TRADE\n[Clause 9.4]\nI/We .................................................................................................................................................................\nof ......................................................................................................................................................................\napply for registration, for the year ended ......................................\nof ......................................................................................................................................................................\n(Location of premises)\nbeing premises in or upon which there is (or is to be) carried on an offensive trade, namely—\n..........................................................................................................................................................................\n(Description of offensive trade)\nunder the business name of ...........................................................................................................................\nThe prescribed registration fee of $................................ is attached.\n\n","sortOrder":45},{"sectionNumber":"48","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"48 GOVERNMENT GAZETTE, WA 4 January 2017\n","sortOrder":46},{"sectionNumber":"Sch 14","sectionType":"schedule","heading":"CERTIFICATE OF REGISTRATION OF PREMISES","content":"SCHEDULE 14—CERTIFICATE OF REGISTRATION OF PREMISES\nFOR OFFENSIVE TRADE\n[Clause 9.5]\nThis is to certify that the premises situated at ............................................................................................\n..........................................................................................................................................................................\nof which ................................................................................................................................. is the occupier;\nare registered for the carrying on of the trade of .........................................................................................\nTrade Name ....................................................................................................................................................\nThis registration expires on .....................................................\n————\nThe Common Seal of the Shire of Cunderdin was hereunto affixed by authority of the Council in the\npresence of—\nD. A. WHISSON, Shire President.\nP. T. NAYLOR, Chief Executive Officer.\non this 17th day of November, 2016.\n————\nConsented to—\nTARUN WEERAMANTHRI, Executive Director, Public Health.\nDated this 5th day of December, 2016.\n———————————\n\n4 January 2017 GOVERNMENT GAZETTE, WA 49\nANIMALS, ENVIRONMENT AND NUISANCE LOCAL LAW 2016\nUnder the powers conferred by the section 342 of the Heath Act 1911, subdivision 2 of Part 3 of the\nLocal Government Act 1995 and all other powers enabling it, the Council of the Shire of Cunderdin\nresolved on 13 October 2016 to make the following local law.\nThis local law is cited as the Shire of Cunderdin Animals, Environment and Nuisance Local Law\n2016.\nThis local law comes into operation on the same day it is published in the Government Gazette.\nThis local law applies throughout the district.\n1.4 Purpose and effect\n(1) The purpose of this local law is to provide for the regulation, control and management of animals\nand the prevention of environmental damage and nuisances within the district.\n(2) The effect of this local law is to establish the requirements with which any person keeping\nanimals, or undertaking activities that have the potential to impact the environment or create\nnuisance must comply.\n1.5 Definitions\n(1) In this local law, unless the context otherwise requires—\nAct means the Local Government Act 1995;\naffiliated person means a person who is a member of a poultry or pigeon club incorporated\nunder the Associations Incorporation Act 2015;\nalpaca means any animal with the scientific name Vicugna pacos;\namusement means anything usually conducted for amusement at a fair, a carnival or a show,\nwhether conducted at a fair, a carnival or a show or elsewhere;\napproved animal means any farm animal which is the subject of a licence;\nauthorised person means a person appointed by the local government, under section 9.10 of the\nAct to perform all or any of the functions conferred on an authorised person under this local\nlaw;\naviary bird means any bird, other than poultry or pigeons, kept, or usually kept in an aviary or\ncage;\nbee hive means a moveable or fixed structure, container or object in which a colony of bees is\nkept;\nbirds includes poultry;\nbuffalo means any animal with the scientific name Bubalus bubalis;\nbuilder means the holder of a building permit issued in respect of building works on a building\nsite or a person in control of a building site;\nBuilding Code means the latest edition of the Building Code of Australia published by, or on\nbehalf of, the Australian Building Codes Board, as amended from time to time, but not\nincluding explanatory information published with the Building Code;\nbuilding permit has the meaning given to it by the Building Act 2011;\nbuilding site means any lot for which a building permit is current;\ncattle means any animal with the scientific name Bos taurus, and includes an ox, calf or bull;\n\n","sortOrder":47},{"sectionNumber":"50","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"50 GOVERNMENT GAZETTE, WA 4 January 2017\ncamel means any animal with the scientific name Camelus dromedarius;\ncat organisation means an organisation or association referred to in regulation 23(c) of the Cat\nRegulations 2012;\nClass 6 building means any Class 6 building as defined by the Building Code;\nClass 9 building means any Class 9 building as defined by the Building Code;\nCode of Practice—Pigeon Keeping means the document entitled A Code of Practice—May\n1994—Pigeon Keeping and Pigeon Racing published in May 1994 by the Pigeon Racing\nFederation of WA (Incorporated) and the Independent Racing Pigeon Federation\n(Incorporated), as amended from time to time;\ndeer means any animal with the scientific name—\n(a) Cervus elaphus; or\n(b) Dama dama;\ndevelopment has the meaning given to it in the Planning and Development Act 2005;\ndevelopment approval means a development approval under a local planning scheme;\ndevelopment site includes any lot or lots for which there is currently a development or\nsubdivision approval, and any lot or lots upon which construction work, earthworks, clearing\nof scrub, trees or overgrowth or any other site works are taking or have taken place;\ndistrict means the district of the local government;\ndisused means, in relation to anything whatsoever, that the thing—\n(a) is not in use for the purpose for which it was designed or appears to have been designed\nor intended; or\n(b) has been stored or left stationary on land in the district for more than 1 month;\ndust means any visible granular or particulate material which has or has the potential to become\nairborne and includes organic and non-organic matter and sand, but does not include smoke;\nEHO means an Environmental Health Officer appointed by the local government under the\nHealth Act 1911 and includes any acting or Assistant Environmental Health Officer;\nequipment means equipment, machinery or vehicles used for, or in connection with, the\ndevelopment of land;\nfarm animal includes a buffalo, camel, cattle, deer, goat, horse (excluding a miniature horse),\nostrich, pig (excluding a miniature pig), sheep, llama or alpaca;\nfood has the same meaning as is given to it in section 9 of the Food Act 2008;\nfood business has the same meaning as is given to it under section 10 of the Food Act 2008;\nfood premises means any premises including land, vehicles, parts of structures, tents, stalls and\nother temporary structures, boats, pontoons and any other place declared by the local\ngovernment to be premises under the Food Act 2008 kept or used for the handling of food for\nsale, but does include food vending machines or vehicles used only to transport food;\ngoat means any animal with the scientific name Capra hircus;\nhorse means any animal with the scientific name—\n(a) Equus caballus; or\n(b) Equus asinus; or\n(c) Equus caballus X Equus asinus;\nand includes stallion, mare, gelding, shetland pony, pony, colt or foal, ass, mule, donkey, and\nany beast of whatever description used for burden or draught or for carrying persons;\nland includes any building or structure on the land;\nlicence means a licence issued under this local law;\nlicence holder means a person who holds a valid licence issued under this local law;\nliquid waste means waste from any process or activity that is in liquid form and includes paint,\nfuel, grease, fat, oil, degreaser solvent, detergent, chemical, animal waste, food waste, effluent\nand all discharges of liquid to land, air or water that are not otherwise authorised by a\nwritten law but does not include uncontaminated stormwater;\nlivestock means any buffalo, camel, cattle, deer, goat, horse, ostrich, pig, sheep, llama or alpaca;\nlivestock vehicle means a vehicle that contains livestock or previously has been used for the\ncarriage of livestock;\nllama means any animal with the scientific name Lama glama;\nlocal government means the Shire of Cunderdin;\nlocal planning scheme has the meaning given to it by the Planning and Development Act 2005;\nlot has the meaning given to it by the Planning and Development Act 2005;\nmanure receptacle means a receptacle of sufficient capacity to receive all manure produced in\n1 week on premises upon which a farm animal or farm animals are kept, constructed of\nsmooth, durable, impervious materials, fitted with a fly proof, hinged cover and with no part\nof the floor lower than the adjoining ground;\nminiature horse means a horse which meets the standard and height for a miniature horse as\ndescribed by the Miniature Horse Association of Australia Inc;\n\n4 January 2017 GOVERNMENT GAZETTE, WA 51\nminiature pig means a pig that does not exceed 650 millimetres in height as an adult and\nweighs less than 55 kilograms;\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;\noccupier means any person who is in control of any land or part of any land or authorised by the\nowner, lessee, licensee or any other person empowered to exercise control in relation to land\nto perform any work in relation to any land and includes a builder or contractor;\npig means any animal with the scientific name Sus scrofa;\npigeon includes homing pigeons and other domesticated breeds of the scientific name Columba\nlivia, but does not include native pigeons or doves whether or not the keeping of such birds is\nsubject to the approval of the Department of Parks and Wildlife;\npoultry includes fowls, roosters, ducks, peafowls, turkeys, geese, guinea fowls, pheasants and\nother birds commonly kept for the production of eggs or meat for domestic consumption;\npremises includes a building or structure, or part of a building or structure, of any type;\nrefuse means any waste material including bricks, lime, cement, concrete, rubble, stones, iron,\ntimber, tiles, bags, plastics, ashes, vegetation, timber, wood or metal shavings, sawdust, and\nwaste food, and includes any broken, used, derelict or discarded matter;\nresidential building has the meaning given to it in the Residential Design Codes of Western\nAustralia, as amended from time to time;\nResidential Design Codes means the Residential Design Codes developed by the Department of\nPlanning to provide the basis for the control of residential development throughout Western\nAustralia;\nresidential zone includes any area zoned “Residential” and “Urban Development” under a local\nplanning scheme;\nrural zone means any area zoned “Rural” or “Rural Residential” under a local planning scheme;\nsand means granules or particles of rock, earth, clay, loam, silt and any other granular,\nparticulate or like material including dust and gravel;\nSchedule means a Schedule to this local law;\nsheep means any animal with the scientific name Ovis aries;\nspecial rural means any area zoned “Special Rural” under a local planning scheme;\nstormwater means any naturally occurring water that results from rainfall on or around a site,\nor water flowing onto the site;\nstreet means any highway or thoroughfare which the public is entitled to use, including the verge\nand other things including bridges and culverts appurtenant to it;\nsubdivision approval means a subdivision approval under the Planning and Development\nAct 2005;\ntownsite includes the townsites of Cunderdin and Meckering which are—\n(a) constituted under section 26(2) of the Land Administration Act 1997; or\n(b) referred to in clause 37 of Schedule 9.3 of the Act;\ntruck means a motor vehicle having a tare weight in excess of 3000 kilograms;\nunreasonable noise has the meaning given to it by the Environmental Protection Act 1986;\nvectors of disease includes fleas, flies, bedbugs, cockroaches, lice and any other insect prescribed\nby the local government;\nvehicle includes—\n(a) every conveyance, not being a train or aircraft, and every object capable of being\npropelled or drawn, on wheels, tracks or otherwise;\nbut excludes—\n(b) a wheel-chair or any device designed for use, by a physically impaired person on a\nfootpath; and\n(c) a pram, a stroller, shopping trolley or a similar device; and\nvermin includes rats, mice, flies, fleas, mites, lice, cockroaches and any other animal, whether\nvertebrate or invertebrate, which is known to be a vector of disease or likely to cause damage\nto human food, habitation or possessions.\n(2) Any other expression used in this local law and not defined herein shall have the meaning given to\nit in the Act.\n(3) Where, in this local law, a duty, obligation or liability is imposed on an “owner or occupier” the\nduty shall be deemed to be imposed jointly and severally on each owner and occupier.\n\n","sortOrder":48},{"sectionNumber":"52","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"52 GOVERNMENT GAZETTE, WA 4 January 2017\n(4) Where, under this local law, the local government is authorised to carry out actions, or cause to be\nundertaken works, as a consequence of the failure of any person to comply with the terms of a notice\nor other conduct, the right to enter land is at all times subject to the provisions of Part 3, Division 3,\nsubdivision 3 of the Act.\n1.6 Keeping of animals\nPart 2 of this local law is subject to the provisions of the Biosecurity and Agriculture Management\nAct 2007 and the Animal Welfare Act 2002.\nPART 2—KEEPING OF ANIMALS\nDivision 1—Animals\nIn this Division, unless the context otherwise requires animal includes cats, dogs, rabbits and ferrets\nor the like.\n2.2 Cleanliness\nAn owner or occupier of premises in or on which a dog, cat or other animal is kept shall—\n(a) keep the premises free from excrement, filth, food waste and all other matter which is or is\nlikely to become offensive or injurious to health, or to attract rats or other vectors of disease;\n(b) when so directed by an EHO, clean and disinfect the premises; and\n(c) keep the premises, so far as possible, free from flies or other vectors of disease, by spraying\nwith a residual insecticide or other effective means.\n2.3 Animal enclosures\n(1) A person shall not keep or cause, or permit to be kept, any animals on premises which are not\neffectively drained or of which the drainage flows to the walls or foundations of any building.\n(2) The owner or occupier of premises where animals are kept shall, when directed by an EHO, pave,\ngrade and drain the floors of all structures and the surface of the ground of all enclosures used for the\nkeeping of animals.\n2.4 Cats\n(1) Subject to subclauses (6) and (7), a person shall not, without an exemption in writing from the\nlocal government, keep more than 3 cats over the age of 6 months, or if the person is a member of a\ncat organisation a maximum of 9 cats can be kept, on premises on any land within the district.\n(2) An owner or occupier of premises may apply in writing to the local government for exemption from\nthe requirements of subclause (1).\n(3) The local government shall not grant an exemption under subclause (2) unless it is satisfied that\nthe number of cats to be kept will not be a nuisance or injurious or dangerous to health.\n(4) An exemption granted under this clause shall specify—\n(a) the owner or occupier to whom the exemption applies;\n(b) the premises to which the exemption applies; and\n(c) the maximum number of cats which may be kept on the premises.\n(5) Subject to the Cat Act 2011, a person who is granted an exemption under subclause (3) may be\nrequired to house, or keep cats in such manner as directed by an EHO.\n(6) A person may keep more than 3 cats over the age of 6 months on premises used for veterinary\npurposes or as a pet shop.\n(7) A person shall not breed cats on any premises unless the person is an approved cat breeder under\nthe Cat Act 2011.\nDivision 2—Keeping of birds\n2.5 Keeping of poultry and pigeons in a residential zone\n(1) An owner or occupier of premises in a residential zone shall not keep or permit to be kept on the\npremises any poultry or pigeons—\n(a) unless approved by the local government in accordance with clause 2.6; and\n(b) otherwise than in accordance with subclause (2).\n(2) An owner or occupier of premises in a residential zone shall not keep or permit to be kept on the\npremises—\n(a) more than 12 poultry; and\n(b) more than 12 pigeons unless the owner or occupier is an affiliated person in which case the\nmaximum number of pigeons may be increased to 100.\n2.6 Application for approval to keep poultry and pigeons in a residential zone\n(1) Subject to compliance with subclause 2.5(2), the local government may approve the keeping of\npoultry or pigeons in accordance with these local laws by an owner or occupier of premises within a\nresidential zone subject to the following—\n(a) the owner or occupier submitting an application to the local government shall—\n(i) specify the number of poultry or pigeons proposed to be kept; and\n\n4 January 2017 GOVERNMENT GAZETTE, WA 53\n(ii) include a site plan showing lot size, location of enclosure, distance from boundaries and\nbuildings and proximity to houses on adjoining land.\n(2) The local government may, at its discretion, conduct public consultation with all owners/occupiers\nwhose property abuts the applicant’s property prior to the application being determined.\n(3) The local government may approve, with or without conditions, or refuse to approve an application\nreceived under this clause.\n(4) Where an approval for the keeping of poultry or pigeons is issued subject to conditions, the holder\nof the approval shall comply or cause compliance with those conditions.\n2.7 Conditions 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 less than 9 metres from any residential building;\n(b) no poultry is able to approach within 15 metres of a public street, public building, commercial\npremises or food premises;\n(c) all poultry is kept in a properly constructed and securely fastened structure;\n(d) the structure has an impervious floor laid with a fall to the front of at least 1 in 50;\n(e) all structures or enclosures within which poultry are kept are maintained at all times in a\nclean condition; and\n(f) all poultry is kept continually confined.\n2.8 Roosters, geese, turkeys and peafowl\nExcept on land in a rural or rural residential zone, or with the prior written permission of the local\ngovernment, an owner or occupier of premises shall not keep any of the following—\n(a) roosters;\n(b) geese;\n(c) turkeys; or\n(d) peafowls.\n2.9 Conditions 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, except where registered homing\npigeons are freed for exercise;\n(b) all structures or enclosures within which pigeons are kept are maintained at all times in a\nclean condition;\n(c) no opening to a pigeon loft, including openings for ventilation, is within 9 metres of any\nresidential building; and\n(d) no opening to a pigeon loft, including openings for ventilation, is within 15 metres of a public\nstreet, public building, commercial premises or food premises.\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.\n2.10 Termination of approval to keep poultry or pigeons\nIf an owner or occupier of premises to whom an approval to keep poultry or pigeons has been granted\nby the local government pursuant to subclause 2.6(3)—\n(a) breaches a condition of the approval;\n(b) breaches clause 2.7 or clause 2.9 of this local law; or\n(c) fails to comply with a written notice served by the local government in relation to the keeping\nof poultry or pigeons,\nthen the local government may cancel its approval upon written notice of such cancellation being\ngiven to the owner or occupier within 60 days of the breach or failure to comply as the case may be.\n2.11 Restrictions on pigeon nesting and perching\nThe local government may order an owner or occupier of a house on or in which pigeons are, or are in\nthe habit of nesting or perching, to take adequate steps to prevent them from continuing to do so.\n2.12 Conditions of keeping 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 and at least 5 metres from a residential building on any other lot;\n(b) there is a floor beneath the roofed area of the aviary or cage which is constructed of smooth,\nimpervious material with a gradient of at least 1 in 50 to the front of the aviary or cage;\n(c) the aviary or cage is kept in clean condition and good repair at all times;\n(d) all feed for the birds other than that intended for immediate consumption is stored in vermin\nproof containers; and\n(e) effective measures are taken to prevent the attraction or harbourage of vermin.\n\n","sortOrder":49},{"sectionNumber":"54","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"54 GOVERNMENT GAZETTE, WA 4 January 2017\n2.13 Nuisance caused by birds\nAn owner or occupier of land shall not keep any bird or birds which—\n(a) are or create a nuisance; or\n(b) emit an unreasonable noise.\nDivision 3—Keeping of bees\n2.14 Definition\nIn this Division, unless the context otherwise requires, licence means a licence to keep bees issued\nunder this local law.\n2.15 Licence required to keep bees\n(1) Subject to the provisions of this clause, a person shall not keep bees or allow bees to be kept on\nland except in accordance with a valid licence issued in relation to the land.\n(2) Subclause (1) does not apply where—\n(a) the land is outside the townsite; and\n(b) the bees are kept—\n(i) at least 500 metres from a thoroughfare; or\n(ii) less than 500 metres from a thoroughfare but the vegetation or a screen or other\nbarrier on the land is such as to encourage the bees to fly at a height over the\nthoroughfare as will not create a nuisance to users of the thoroughfare.\n(3) Subclause (1) does not apply where an occupier of land keeps bees on the land—\n(a) for a continuous period not exceeding 8 weeks; and\n(b) for the purpose of pollinating a crop on the land.\n(4) An occupier referred to in subclause (3), in keeping bees under that subclause, shall provide a good\nand sufficient water supply on the land which is readily accessible by the bees.\n(5) Subclause (1) does not apply where a person keeps bees on Crown land.\n2.16 Application for a licence\nAn applicant for a licence shall—\n(a) provide such details as may be required by the local government;\n(b) apply in the form approved by the local government; and\n(c) pay any application fee imposed and determined by the local government under sections 6.16\nto 6.19 of the Act.\n2.17 Determination of application\n(1) The local government may—\n(a) refuse to determine an application for a licence which does not comply with clause 2.16; and\n(b) approve an application for a licence subject to the conditions referred to in clause 2.15 and to\nsuch other conditions as it considers appropriate; or\n(c) refuse to approve an application for a licence.\n(2) Where an application for a licence is approved subject to conditions, the licence holder is to comply\nwith those conditions or is to cause those conditions to be complied with.\n(3) Where the local government approves an application under subclause (1)(b), it is to issue to the\napplicant a licence in the form approved by the local government.\n(4) A licence is valid from the date of issue unless, and until, it is cancelled under this local law.\n2.18 Conditions of approval\n(1) Without limiting the generality of paragraph 2.17(1)(b) an application for a licence may be\napproved by the local government subject to the following conditions—\n(a) the provision of a good and sufficient water supply on the land which is readily accessible by\nthe bees on the land;\n(b) each bee hive shall be—\n(i) kept at a distance specified by the local government from any thoroughfare, public\nplace or boundary of the land; or\n(ii) located near a screen or other barrier so as to prevent the bees flying low over a\nthoroughfare, public place or adjoining land;\n(iii) no more than 2 bee hives are to be kept on land of less than 2000 square metres in\narea; and\n(iv) no more than 15 bee hives are to be kept on land between 2000 square metres and\n20000 square metres in area.\n(2) In respect of a particular application for a licence, the local government may vary any of the\nconditions referred to in subclause (1).\n2.19 Variation or cancellation of licence and conditions\n(1) The local government may vary the conditions of a licence after it has been issued.\n\n4 January 2017 GOVERNMENT GAZETTE, WA 55\n(2) The local government may cancel a licence on the request of a licence holder to do so.\n(3) Notwithstanding clause 2.22, a licence shall be cancelled on the expiration of a continuous period\nof 12 months during which the licence holder has not kept any bees on the land to which the licence\nrelates, without any action required on the part of the local government.\n2.20 Licence holder to notify cessation of registration or keeping of bees\n(1) In this clause a licence holder includes the holder of a licence cancelled by subclause 2.19(3).\n(2) A licence holder is to notify the local government in writing as soon as practicable after a\ncontinuous period of 12 months has passed during which the licence holder has not kept any bees on\nthe land described in her or his licence.\n(3) A licence holder shall, within 7 days of the local government giving the licence holder a written\nnotice to do so, provide to the local government in respect of land identified by the local government in\nits notice, a signed statement as to whether or not he or she has kept bees on the land within the\n12 months preceding the date of the notice.\n2.21 Licence not transferable\nA licence is personal to the licence holder and applies only to the land described in the licence.\n2.22 Nuisance\nA person shall not keep, or allow to be kept, bees or bee hives, or both, on land so as to create a\nnuisance.\n2.23 Notice to remove bees\n(1) Whenever, in the opinion of the local government, a person has contravened any provision of the\nBiosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries)\nRegulations 2013 or of this local law which relates to the keeping of bees or bee hives, the local\ngovernment may give the approval holder, in relation to that land, or if there is no valid approval in\nrelation to that land, an owner or occupier of the land, a written notice requiring her or him to remove\nany bees or bee hives, or both, from the land within the time specified in the notice.\n(2) Subject to Division 1 of Part 9 of the Act, on the giving of a notice referred to in subclause (1), any\nvalid licence given by the local government relating to the keeping of bees or bee hives on that land is\ncancelled from the time specified in the notice, being not less than 7 days from the date it is given.\n(3) Where a person fails to comply with a notice given under subclause (1), the local government may\ndispose of the bees or the bee hives or both, in such manner as it sees fit and recover the costs of so\ndoing from the licence holder, or an owner or occupier, as the case may be, as a debt due to it.\nDivision 4—Keeping of farm animals\n2.24 Definition\nIn this Division, unless the context otherwise requires, approval means an approval to keep farm\nanimals issued under this local law.\n2.25 Licence required to keep farm animals\nSubject to clause 2.28, an owner or occupier of land shall not keep, or allow to be kept, any farm\nanimal unless—\n(a) in accordance with a valid licence authorising the keeping of such a farm animal issued in\nrelation to the land pursuant to clause 2.26; or\n(b) in a rural zone and in accordance with the provisions of any local planning scheme applicable\nto that zone.\n2.26 Application for a licence to keep farm animals\nAn application for a licence required by clause 2.25 shall be in the form approved by the local\ngovernment and shall include the following information—\n(a) a plan of the property, at a scale not less than 1:200, with dimensions clearly marked,\nshowing where it is proposed that the animal is to be kept and the distance of that location\nfrom any residential building on another lot, Class 6 building or Class 9 building, business\npremises or food premises;\n(b) a sketch plan, at a scale of 1:100, indicating the nature of the shelter or housing to be\nprovided for the animal; or\n(c) a detailed written plan for the management of manure which addresses—\n(i) control of flies and other vermin;\n(ii) disease prevention; and\n(iii) prevention of nuisance odours; and\n(d) the appropriate application and licence fees as determined from time to time by the local\ngovernment in accordance with sections 6.16 to 6.19 of the Act.\n2.27 Determination of application to keep farm animals\n(1) Subject to clause 2.28, the local government may—\n(a) refuse to determine an application for a licence which does not comply with clause 2.26;\n(b) approve an application for a licence subject to such conditions as it considers appropriate; or\n(c) refuse to approve an application for a licence.\n\n","sortOrder":50},{"sectionNumber":"56","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"56 GOVERNMENT GAZETTE, WA 4 January 2017\n(2) Where an application for a licence is approved subject to conditions, the licence holder shall\ncomply with those conditions or cause compliance with those conditions.\n(3) Where the local government approves an application under paragraph (1)(b), it is to issue to the\napplicant a licence in the form approved by the local government.\n(4) A licence is valid from the date of issue until 30 June the following year, unless it is cancelled prior\nto that date under this local law.\n2.28 Conditions of approval to keep farm animals\n(1) A licence shall not be granted pursuant to clause 2.25—\n(a) unless the land for which the approval is sought is of such dimensions and configuration as\nwill permit the subject animal to be confined in a minimum cleared area of 150 square metres\nand prevented from approaching within 15 metres of any residential building, Class 6\nbuilding or Class 9 building, business premises or food premises;\n(b) in the case of a horse (other than a miniature horse) or cattle, unless the land for which the\napproval is sought has a minimum area of 1 hectare;\n(c) for the keeping of any pig (other than a miniature pig).\n(2) The local government shall take into account the opinions of occupiers of adjoining properties in\ndetermining whether to grant approval for the keeping of a farm animal.\n(3) Approval to keep a farm animal may be issued subject to conditions, including—\n(a) that a stable or shelter is provided for housing the approved animal;\n(b) that a manure receptacle is provided in a position convenient to the shelter or place where the\napproved animal is kept, and that the receptacle is used for the receipt of all manure\nproduced on the premises; or\n(c) any other conditions that the local government considers necessary for the protection of the\nhealth and amenity of the neighbourhood,\nand such conditions may be imposed at any time subsequent to the initial approval.\n2.29 Variation or cancellation of licence to keep farm animals and conditions of licence\n(1) The local government may vary the conditions of a licence after it has been issued, and shall give\nnotice of such variation to the licence holder.\n(2) The local government may cancel a licence in the event the licence holder—\n(a) fails to comply with any condition set under paragraph 2.27(1)(b);\n(b) after being notified of a variation under subclause (1) fails to comply with the varied\ncondition;\n(c) fails to comply with any condition of the licence;\n(d) breaches clause 2.30, or clause 2.31, or clause 2.33, of this local law; or\n(e) fails to comply with a notice of breach issued under clause 6.1.\n2.30 Conditions for keeping farm animals\n(1) An owner or occupier of premises upon which a farm animal or farm animals are kept, shall—\n(a) maintain the place or places where the animals are kept in clean condition;\n(b) ensure that any farm animal or farm animals kept on the premises does not cause or\nconstitute a nuisance;\n(c) maintain the premises free from flies or other vermin by spraying with residual insecticide or\nother effective means;\n(d) if a manure receptacle is required to be used—\n(i) cause all manure produced on the premises to be collected daily and placed in the\nreceptacle;\n(ii) cause the receptacle to be emptied as often as is necessary to prevent it becoming\noffensive or a breeding place for flies or other vermin, but in any case at least once a\nweek; and\n(iii) keep the lid of the receptacle closed except when manure is being deposited or removed;\nand\n(e) not permit any farm animal to approach within 15 metres of any residential building, food\npremises, Class 6 building or a Class 9 building, or a business or commercial premises.\n(2) An owner or occupier of premises in a rural zone shall not keep more than 1 pig other than on\npremises registered as a piggery pursuant to the provisions of the Health Act 1911, except with the\nexpress written approval of the local government.\n2.31 Keeping a miniature horse\n(1) An owner or occupier of a premises may keep only a sterilised miniature horse on land of not less\nthan 1000 square metres in area provided it is registered with the local government and the annual\nregistration fee approved from time to time by the local government in accordance with sections 6.16\nto 6.19 of the Act is paid.\n(2) An owner of occupier of premises shall—\n(a) not keep more than 1 miniature horse on land zoned residential or special rural without the\nwritten approval of the local government or an authorised person; and\n(b) not permit a miniature horse to come within 9 metres of any house.\n\n4 January 2017 GOVERNMENT GAZETTE, WA 57\n(3) The local government or an authorised person may prohibit the keeping of a miniature horse on\nany land or may state the conditions under which a miniature horse may be kept.\n2.32 Keeping a miniature pig\n(1) The keeping of pigs in the district, other than the keeping of a miniature pig, is forbidden, except\nfor on premises registered by the local government as an abattoir or piggery under the provisions of\nsection 191 of the Health Act 1911.\n(2) The local government or an authorised person may prohibit the keeping of a miniature pig on any\nland, or state the conditions under which the miniature pig may be kept.\n(3) A person may keep 1 miniature pig in any residential or rural or special rural area provided it is\nregistered with the local government and the annual registration fee approved from time to time by\nthe local government in accordance with sections 6.16 to 6.19 of the Act is paid.\n(4) An owner or occupier of premises where a miniature pig is kept shall—\n(a) only keep a sterilised animal and retain written proof of its sterilisation;\n(b) confine the animal on the property at all times;\n(c) ensure the animal does not cause a nuisance to any neighbour regarding noise, dust, or odour;\nand\n(d) maintain documentary evidence that the animal’s veterinary treatment against roundworm\nand tapeworm is current.\n2.33 Requirements for farm animal shelters\n(1) Any stable, enclosure or shelter provided for the keeping of farm animals, whether or not a licence\nis required for the keeping of such farm animals pursuant to clause 2.25, shall—\n(a) not be situated within 15 metres of any residential building, Class 6 building or Class 9\nbuilding, business premises or food premises;\n(b) not be situated within 1 metre of any lot boundary;\n(c) be constructed of materials approved by an authorised person;\n(d) have on each side of the building between the wall and roof a clear opening of at least\n150 millimetres in height, and of sufficient length, to provide adequate ventilation to the\nstable, enclosure or shelter;\n(e) when required by the local government, have a separate stall for each horse, cattle or other\napproved animal, the shortest dimension of which shall be at least twice the length of the\nanimal housed therein; and\n(f) subject to subclause (2), have a floor, the upper surface of which shall—\n(i) be raised at least 75 millimetres above the surface of the surrounding ground;\n(ii) be constructed of cement, concrete or other similar impervious material; and\n(iii) have a fall of 1 in 100 to a drain which shall empty into a trapped gully situated outside\nthe stable or shelter.\n(2) A stable or shelter constructed with a sand floor may be approved by an authorised person subject\nto—\n(a) the site being well drained, with the sand floor being at least 1.5 metres above the highest\nknown ground water level;\n(b) a 300 millimetre thick bed of crushed limestone being laid under the sand of the stable;\n(c) the sand, whether natural or imported, being clean, coarse and free from dust;\n(d) footings to the stable or shelter being a minimum of 450 millimetres below ground level; and\n(e) the design of the stable allowing for the access of small earthmoving machinery, such as a\nskid steer loader, into each stall to maintain the correct floor height.\n(3) An owner or occupier of any land upon which a stable or shelter is located must ensure that the\nstable or shelter complies in all respects with the requirements of subclause (1), and, where the\napproval referred to in subclause (2) has been granted, with the requirements of subclause (2).\nDivision 5—Livestock\n2.34 Livestock not to stray\nThe owner or person in charge of livestock shall not permit livestock to stray or to be at large in a\nstreet, public place or upon private property without the consent of the property owner.\n2.35 Impounding of livestock\n(1) An authorised person or a member of the police force may impound livestock found straying in\ncontravention of clause 2.34.\n(2) Livestock being impounded shall be placed in the pound or secured on private property with the\nconsent of the owner.\n2.36 Property to be fenced\n(1) The owner or occupier of property on which livestock is kept, shall cause the property or a portion\nof the property to be fenced in a manner capable of confining the livestock, to that portion where the\nlivestock is kept.\n(2) The minimum fencing requirements to confine livestock in a rural or special rural area shall be a\nfence of post and wire construction.\n\n58 GOVERNMENT GAZETTE, WA 4 January 2017\nPART 3—BUILDING, DEVELOPMENT AND LAND CARE\nDivision 1—Litter and refuse on building sites\n3.1 Provision of refuse receptacles\nThe owner or occupier of a building or development site shall at all times provide and maintain a\nrefuse receptacle, available for use on the site, which includes a suitable cover, to the satisfaction of\nan authorised person, of such design as will—\n(a) contain any refuse likely to be produced on the site; and\n(b) prevent refuse being blown from the receptacle by wind.\n3.2 Control of refuse\n(1) From the time of commencement of works on a building site or development site until the time of\ncompletion of such work, the owner or occupier of the site shall take reasonable measures to—\n(a) ensure all refuse on the site is placed and contained in the refuse receptacle and prevented\nfrom being blown from the site by wind;\n(b) keep the site free from any refuse;\n(c) keep the street verge, and any other reserve, immediately adjacent to the site, free of refuse\nfrom the site; and\n(d) ensure the refuse receptacle is emptied when full.\n(2) The owner or occupier of a building site or development site shall ensure that within 2 days of\ncompletion of works on the site, the site and the street verge immediately adjacent to it, are cleared of\nall refuse and all refuse receptacles are removed from the site.\n3.3 Unauthorised storage of materials\n(1) All construction materials must be located on the building site or development site under\nconstruction, unless written approval has been given by the local government to store materials on\nanother property (including a road reserve).\n(2) An application for approval under subclause (1) must be—\n(a) in writing; and\n(b) accompanied by the written approval of the landowner of the land on which materials are\nproposed to be stored.\nDivision 2—Prevention of dust 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 on the land;\n(b) contain all liquid waste on the land; and\n(c) ensure no dust or liquid waste is released or escapes from the land, whether by means of\nwind, water or any other cause.\n(2) Where the local government forms the opinion that—\n(a) an owner or occupier has not complied with subclause (1)(a) or subclause (1)(b); or\n(b) the dust or liquid waste has been released or escaped from the owner’s or occupier’s land, the\nlocal government may serve on the owner and/or occupier of the land, a notice requiring the\nowner and/or occupier to do one or more of the following—\n(i) comply with subclause (1)(a) or (1)(b);\n(ii) clean up and properly dispose of any released or escaped dust or liquid waste;\n(iii) clean up and make good any damage resulting from the released or escaped dust or\nliquid waste; and\n(iv) take effective measures to stop any further release or escape of dust or liquid waste;\n(c) the requirements set out in a notice issued under subclause (2)(a) must be complied with—\n(i) within 48 hours of service of the notice where no other time is specified;\n(ii) within such other period as is specified in the notice; or\n(iii) immediately, if the notice so specifies.\n(3) Where the local government forms the opinion that dust or liquid waste has escaped or has been\nreleased from an activity undertaken on land or as a consequence of the use of equipment on land, the\nlocal government may serve a notice on—\n(a) any owner or occupier of the land; or\n(b) any operator of equipment on the land,\nrequiring that the activity or use of equipment on the land be ceased immediately, for such period as\nis specified in the notice.\n(4) Where the local government is of the opinion that dust or liquid waste may be released or escape\nfrom any land as a result of an activity which is likely to be carried out from any land, the local\ngovernment may give to the owner and/or occupier a notice providing that the activity may only be\ncarried on subject to conditions specified in the notice.\n\n4 January 2017 GOVERNMENT GAZETTE, WA 59\n3.5 Dust management\nIf an owner or occupier of land intends to undertake any work involving the clearing of land, from\nwhich any sand or dust is likely to be released whether by means of wind, water or any other cause,\nthe owner or occupier shall—\n(a) submit to an authorised person a Dust Management Plan in accordance with “A guideline for\nmanaging the impacts of dust and associated contaminants from land development sites,\nremediation and other related activities (2011)” as produced by the Department of\nEnvironment Regulation, and amended from time to time; and\n(b) obtain written approval of the Dust Management Plan from an authorised person before\ncommencement of any work.\nDivision 3—Smoke\n3.6 Burning of cleared vegetation prohibited\nAn owner or occupier of any building or development site shall ensure that no vegetation or other\nmaterial cleared from the site is burnt on the site.\nDivision 4—Unsightly land and disused materials\n3.7 Removal of refuse and disused materials\n(1) The owner or occupier of a lot shall not keep, or permit to remain on the lot, any refuse, rubbish or\ndisused material of whatever nature or kind which in the opinion of the local government or an\nauthorised person is likely to give the lot an untidy appearance and does not conform with the general\nappearance of other land in that particular part of the district.\n(2) The local government or an authorised person may give notice in writing to the owner or occupier\nof a lot requiring the removal of refuse, rubbish or disused material from the lot within the time\nspecified in the notice.\n3.8 Removal of unsightly overgrowth of vegetation\n(1) The owner or occupier of a lot shall not permit to remain on a lot, any unsightly overgrowth of\nvegetation that gives the lot an untidy appearance and does not conform with the general appearance\nof other land in that particular part of the district.\n(2) The local government or an authorised person may give notice in writing to the owner or occupier\nof a lot requiring the removal of the overgrowth of vegetation within the time specified in the notice.\n3.9 Storage of vehicles, vessels and machinery\nThe owner or occupier of a lot shall not—\n(a) store, or allow to remain in public view on any lot, more than 1 vehicle, vessel or machinery\n(whether licensed or not) in a state of disrepair;\n(b) store, or allow to remain in public view on any lot, any vehicle, vessel or machinery in a state\nof disrepair for a period in excess of 1 month;\n(c) store, or allow to remain in public view on any lot, any vehicle parts, vessel parts or\nmachinery parts (including tyres);\n(d) wreck, dismantle or break up any vehicle, part or body of a vehicle parts, vessel or machinery\nexcept where performed—\n(i) inside a building; or\n(ii) within an area enclosed by a fence or wall of not less than 1.8 metres in height and of\nsuch a nature as to screen all vehicles, parts or bodies of vehicles, vessels or machinery\nfrom the street and from adjoining properties; or\n(e) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance.\n3.10 Disposing of disused refrigerators or similar containers\nA person shall not place, leave or dispose of a disused refrigerator, ice chest, ice box, trunk, chest or\nother similar article having a compartment which has a capacity of 0.04 cubic metres or more on any\nland without first—\n(a) removing every door and lid and every lock, catch and hinge attached to a door or lid; or\n(b) rendering every door and lid incapable of being fastened; and\n(c) removing any refrigerants as per the requirements of the Environmental Protection (Ozone\nProtection) Policy 2000.\nDivision 5—Hazardous materials\n3.11 Hazardous trees\n(1) Where a tree on a lot endangers any person or thing on adjoining land, the local government may\ngive a notice to the owner or the occupier of the lot to remove, cut, move or otherwise deal with that\ntree so as to make the tree safe.\n(2) Where a tree on a lot presents a serious and immediate danger to any person or thing, the local\ngovernment may take any remedial action it considers appropriate in order to make the tree safe\nwithout having given the owner or occupier notice pursuant to subclause (1).\n\n","sortOrder":51},{"sectionNumber":"60","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"60 GOVERNMENT GAZETTE, WA 4 January 2017\n(3) The local government reserves its right to recover any costs incurred by the local government for\nremedial action taken in terms of subclause (2).\nPART 4—NUISANCES AND DANGEROUS THINGS\nDivision 1—Light\n4.1 Use of exterior lights\nAn owner or occupier of land on which floodlights or other exterior lights are erected or used, shall not\nallow the floodlights or other exterior lights to shine directly onto any other premises.\n4.2 Emission or reflection of light\nAn owner or occupier of land shall ensure that—\n(a) artificial light is not emitted or reflected from anything on the land so as to illuminate\npremises outside that land to more than 50 lux; and\n(b) natural light is not reflected from anything on the land so as to create or cause a nuisance to\nthe occupier of any other premises or to a person lawfully using a thoroughfare.\n4.3 Notice may require specified action to prevent emission or reflection of light\n(a) floodlights or other exterior lights shine directly onto any other premises;\n(b) artificial light is emitted or reflected from anything on the land so as to illuminate premises\noutside the land to more than 50 lux; or\n(c) natural light is reflected from anything on the land so as to create or cause a nuisance to the\noccupier of any other premises or to a person lawfully using a thoroughfare,\nthe local government may by notice in writing direct the owner or occupier to take such actions as an\nauthorised person considers necessary within the time specified in the notice.\n(2) The notice referred to in subclause (1) may direct that—\n(a) floodlights or other exterior lights are used only during the hours specified in the notice;\n(b) the direction in which the lights shine be altered as specified in the notice;\n(c) any reflective surfaces be painted or otherwise treated so as to abate the nuisance; or\n(d) any combination of these measures that the local government believes to be appropriate to\nthe circumstances.\nDivision 2—Smoke, fumes, odours and other emissions\n4.4 Burning rubbish, refuse or other material\n(1) A person shall not set fire to rubbish, refuse or other materials.\n(2) Subclause (1) does not apply to rural residential zoned lots.\n(3) A person shall not set fire to rubbish, refuse or other materials on rural residential zoned lots\nunless—\n(a) written approval has first been obtained from the local government;\n(b) the person demonstrates to the satisfaction of the local government that reasonable\nalternatives for the disposal of the rubbish, refuse or other material do not exist and the\npotential for pollution is low;\n(c) the material does not include any plastic, rubber, food scraps or other material likely to cause\nthe generation of smoke or odour in such quantity as to cause a nuisance to other persons;\n(d) a haze alert has not been issued by the Bureau of Meteorology for the period during which\nburning is to take place; and\n(e) the burning complies with the Bush Fires Act 1954, any annual fire hazard reduction notice\nissued by the local government under that Act and any conditions of approval as determined\nby the local government.\n(4) Subclauses (1) and (3) shall not apply to any barbecue, solid fuel water heater, space heater or\novens fired with dry paper, dry wood, synthetic char or charcoal type fuel.\n(5) Subclause (4) is subject to any fire danger rating as determined by the Bureau of Meteorology.\n4.5 Escape of smoke, fumes, odours and other emissions\nAn owner or occupier of land or premises shall take all reasonable steps to not cause or permit the\nescape of smoke, fumes or odours from the land or premises in such quantity or of such a nature as to\ncause or to be a nuisance to any person.\nDivision 3—Trucks\n4.6 Livestock vehicles\n(1) A person shall not park a vehicle containing livestock in a townsite for a period in excess of\n30 minutes.\n(2) A person shall not park a vehicle which contains or has been used for the carriage of livestock so\nas to create or be a nuisance to any person, by reason of the odour emanating from the vehicle.\n\n4 January 2017 GOVERNMENT GAZETTE, WA 61\n(3) If a person parks a vehicle containing livestock in a townsite in accordance with subclause (1),\nthen the person does not contravene subclause (2).\n4.7 Truck noise from residential land\nA person shall not start or drive a truck on land zoned, approved or used for residential purposes\nbetween the hours of 10.30 pm and 6.30 am on the following day without first obtaining the written\nconsent of the local government.\nDivision 4—Swimming pool backwash management\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 all\nbackwash is not permitted to discharge onto or run-off onto adjacent land so as to cause a nuisance, or\ncause damage to any structures situated on adjacent land.\n(2) Subclause (1) shall not prevent the discharge of swimming pool backwash from a lot into a local\ngovernment approved stormwater drain or road by a method approved by an authorised person.\nDivision 5—Stormwater management\n4.9 Containment of stormwater\n(1) Subject to subclause (2), the owner or occupier of a lot shall ensure that all stormwater received by\nany building, house, other structure or any paved or sealed or other surfaced areas including any\nvehicle access ways on the lot is contained within the lot and is not permitted to discharge onto or\nrun-off onto adjacent land so as to cause a nuisance, or cause damage to any structures situated on\nadjacent land.\n(2) Subclause (1) shall not prevent the discharge of stormwater from a lot into a local government\napproved stormwater drain or road.\nDivision 6—Amusement activities\n4.10 Nuisance\nA person shall not, without written authorisation from the local government, provide or conduct any\namusement on land so as to create or be a nuisance to any owner or occupier of land in the district.\n4.11 Abatement by authorised person\nSubject to subdivision 3 of Division 3 of Part 3 of the Act, an authorised person may enter on any land\nwhere an amusement is provided or conducted and may do any act or thing reasonably required to\nabate a nuisance referred to in clause 4.10.\nDivision 7—Advertising, bill posting and junk mail\n4.12 Placement of advertisement, bill posting or junk mail\n(1) A person shall not, without written authorisation from the local government, place or affix any\nletter, figure, device, poster, sign or advertisement on any buildings, fences or posts.\n(2) A person shall not place in or on any letter box, gate, fence or generally leave or distribute to any\nproperty in the district, any handbill, poster, pamphlet, flyer or other form of advertising or\npromotional material, where there is clearly displayed a sign or notice which states “no junk mail” or\nwords of similar effect.\n4.13 Exemptions\nClause 4.12 does not apply to—\n(a) delivery of articles by Australia Post;\n(b) documents issued under or for the purposes of an Act of Parliament;\n(c) an authorised person or member of the police force acting in the course of their duties;\n(d) electoral materials; or\n(e) legal process.\n","sortOrder":52},{"sectionNumber":"Div 8","sectionType":"division","heading":"Bird nuisance","content":"Division 8—Bird nuisance\n4.14 Restrictions on feeding of birds\n(1) A person shall not feed a bird—\n(a) so as to cause a nuisance, or\n(b) with a food or substance that is not a natural food of a bird.\n(2) Where an authorised person forms the opinion that a person has not complied with subclause (1)\nthe authorised person may serve the person a notice requiring the person to clean up and properly\ndispose of any feed or waste products specified in the notice.\n\n62 GOVERNMENT GAZETTE, WA 4 January 2017\nPART 5—OBJECTION AND REVIEW\n5.1 Objection and review\nDivision 1 of Part 9 of the Act and regulation 33 of the Local Government (Functions and General)\nRegulations 1996 applies to a decision under this local law to—\n(a) grant or renew a person a licence, approval or authorisation;\n(b) amend or cancel a licence, approval or authorisation; or\n(c) give a person a notice.\nPART 6—ENFORCEMENT\nDivision 1—Notices\n6.1 Notice of breach\n(1) Where a breach of any provision of this local law has occurred, the local government may give a\nnotice in writing to the person alleged to be responsible for such breach.\n(2) A notice issued pursuant to subclause (1) shall—\n(a) specify the provision of this local law which has been breached;\n(b) specify the particulars of the breach; and\n(c) state the manner in which the recipient is required to remedy the breach to the satisfaction of\nthe local government within a time period stipulated in the notice which shall be not less\nthan 14 days from the giving of the notice.\n(3) It is an offence to fail to comply with a notice issued by the local government pursuant to\n6.2 Notice requirements\nWhere this local law refers to the giving of a notice, other than the giving of an infringement notice,\nand no particular form is prescribed, it will be sufficient that the notice be in writing giving adequate\ndetails to enable the owner, occupier or other person to whom the notice is issued to know the offence\ncommitted and the measures required to be taken or conditions with which compliance is required, as\nthe case may be.\n6.3 When local government may undertake requirements of notice\n(1) This clause applies only in respect of a notice issued under subclauses 3.7(2), 3.8(2), 3.11(1) and\n4.3(1) of this local law.\n(2) Where a person fails to comply with a notice referred to in subclause (1) the local government may,\nsubject to compliance with the requirements of subdivision 3 of Division 3 of Part 3 of the Act, do\nanything that it considers necessary to achieve, so far as is practicable, the purpose for which the\nnotice was given.\n(3) The local government may recover the cost of anything it does under subclause (2) as a debt due\nfrom the person who failed to comply with the notice.\nDivision 2—Offences and penalties\n6.4 Offences and penalties\n(1) A person who—\n(a) fails to do anything required or directed to be done under this local law; or\n(b) fails to comply with the requirements of a notice issued under this local law by an authorised\nperson; or\n(c) does anything which under this local law that person is prohibited from doing;\ncommits an offence.\n(2) Where, under this local law, an act is required to be done or forbidden to be done in relation to any\nland or premises, the owner or occupier of the land or premises has the duty of causing to be done the\nact so required to be done, or of preventing from being done the act forbidden to be done.\n(3) A person who commits an offence under this local law shall be liable, upon conviction, to a\nmaximum penalty of $5,000 and a maximum daily penalty of $500 in respect of each day or part of a\nday during which the offence has continued.\n(4) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of\nsection 9.16(1) of the Act.\n(5) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 1.\n6.5 Form of infringement notices\n(1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in\nsection 9.13 of the Act is that of Form 1 in Schedule 1 of the Local Government (Functions and\nGeneral) Regulations 1996;\n(2) The form of the infringement notice referred to in section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the Local Government (Functions and General) Regulations 1996; and\n(3) The form of the infringement withdrawal given under section 9.20 of the Act is that of Form 3 in\nSchedule 1 of the Local Government (Functions and General) Regulations 1996.\n\n4 January 2017 GOVERNMENT GAZETTE, WA 63\nSCHEDULE 1—PRESCRIBED OFFENCES\n[Clause 6.4]\nItem\nNo.\nClause\nNo.\nDescription Modified\nPenalty $\n1 2.2(a) Failure to keep premises free from excrement, filth, food waste\nand other matter likely to be offensive or injurious to health or\nattracts vermin or insects\n$250\n2 2.2(b) Failure to keep premises clean and disinfected when directed\nby an EHO\n$250\n3 2.2(c) Failure to keep premises free of flies, or when directed by an\nEHO, spray premises with residual insecticide or use other\nmeans to kill or repel flies\n$250\n4 2.3 Failure to maintain adequate enclosures $250\n5 2.4(1) Keeping more than 3 cats over the age of 6 months without\nexemption from the local government\n$200\n6 2.4(7) Breeding cats, not being an approved cat breeder $200\n7 2.5 Keep, or permit to be kept, any poultry, not in accordance with\nconditions of this local laws\n$200\n8 2.8 Keep, or suffer to remain in a residential area, a rooster,\nturkey, goose or geese, or peafowl\n$200\n9 2.9(2) Failing to keep cages, enclosures and lofts maintained to\nminimum standard specified in the Code of Practice\n$200\n10 2.11 Failing to prevent pigeons nesting or perching $200\n11 2.12 Failing to keep aviary birds in accordance with conditions of\nthis local law\n$200\n12 2.13 Keeping birds so as to create a nuisance $200\n13 2.15(1) Keeping bees without a valid licence $200\n14 2.18(1) Failure to comply with a condition of a licence to keep bees $200\n15 2.22 Creation of a nuisance from keeping of bees or bee hives $200\n16 2.23(1) Failure to comply with a notice to remove bees or bee hives for\ncontravention of local law\n$200\n17 2.25(a) Keeping a farm animal without a valid licence $200\n18 2.31 Keeping a miniature horse on land without approval $200\n19 2.32(1)(2)(3) Keeping a miniature pig on land without approval $200\n20 2.34 Permitting livestock to stray, or be at large in a street, public\nplace or private property without consent\n$200\n21 2.36 Failing to keep property fenced in a manner capable of\nconfining livestock\n$200\n22 3.1 Failure to provide or maintain a refuse receptacle on a\nbuilding or development site\n$500\n23 3.2 Failure to control refuse on a building or development site $500\n24 3.3 Unauthorised storage of materials $500\n25 3.4 Release or escape of dust or liquid waste from land $500\n26 3.5 Commencing works involving clearing of land without an\napproved Dust Management Plan\n$500\n27 3.6 Burning of cleared vegetation or other material from a\nbuilding or development site\n$500\n28 3.9(a) Storing, or allow to remain on land, more than 1 vehicle, vessel\nor machinery in a state of disrepair\n$500\n29 3.9(b) Storing, or allow to remain on land, any vehicle, vessel or\nmachinery in a state of disrepair for a period in excess of\n1 month\n$500\n30 3.9(c) Storing, or allow to remain on land, any vehicle parts, vessel\nparts or machinery parts (including tyres)\n$500\n31 3.9(d)(i) Wreck, dismantle or break up any vehicle part or body, vessel\nor machinery not inside a building\n$500\n32 3.9(d)(ii) Wreck, dismantle or break up any vehicle part or body, vessel\nor machinery not behind a sufficient fence or wall\n$500\n33 3.9(e) Wreck, dismantle or break up a vehicle, vessel or machinery so\nas to cause a nuisance\n$500\n\n","sortOrder":53},{"sectionNumber":"64","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 4 January 2017","content":"64 GOVERNMENT GAZETTE, WA 4 January 2017\nItem\nNo.\nClause\nNo.\nDescription Modified\nPenalty $\n34 3.10 Disposing of disused refrigerator or similar container with\ndoor/lid that can be fastened without removing the refrigerant,\ndoor, lid, lock, catch, hinge and rendering the door/lid\nincapable of being fastened\n$500\n35 4.1 Erection or use of lighting installations other than in\naccordance with this local law\n$500\n36 4.2 Emitting light so as to create or cause a nuisance $500\n37 4.5 Permitting the escape of smoke, fumes, odours and other\nemissions so as to cause a nuisance\n$500\n38 4.6(1) Parking a livestock vehicle in an urban area or townsite in\nexcess of 30 minutes\n$500\n39 4.7 Starting or driving a truck on residential land, or adjoining\nresidential land, without consent of the local government\n$500\n40 4.8(1) Discharging swimming pool backwash onto adjacent land so as\nto cause a nuisance or cause damage\n$500\n41 4.9(1) Failure to ensure that all rainwater or storm water received by\na lot and any building, house or structure on the lot, is\ncontained within the lot or discharged directly to a stormwater\ndrain or road\n$500\n42 4.10 Conducting an amusement so as to create a nuisance $500\n43 4.12(1) Unauthorised placement of advertisement, bill posting or junk\nmail\n$100\n44 4.12(2) Placement of advertisement, bill posting or junk mail where a\n“no junk mail”, or equivalent, sign is displayed\n$500\n45 4.14(1)(a) Feeding a bird so as to create or cause a nuisance $500\n46 4.14(1)(b) Feeding a bird a food/substance that is not a natural food $500\n47 6.4(1)(b) Failure to comply with notice $500\n48 All other offences not specified $100\n————\nThe Common Seal of the Shire of Cunderdin was hereunto affixed by authority of the Council in the\npresence of—\nD. A. WHISSON, Shire President.\nP. T. NAYLOR, Chief Executive Officer.\non this 13th day of October, 2016.\n————\nConsented to—\nTARUN WEERAMANTHRI, Executive Director, Public Health.\nDated this 5th day of December, 2016.\n———————————","sortOrder":54}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The local laws state their purpose as regulating animals, environmental damage and nuisances and establishing public‑health requirements (Animals law cl.1.4; Health law cl.1.3–1.4). They repeal earlier local laws (Health cl.1.4) and implement a broad, but consistent, scope of controls and enforcement powers described in the instrument rather than expanding beyond the stated purposes."},"complexity_factors":["Breadth and volume: comprehensive coverage across public health, housing, lodging houses, offensive trades, pest control, infectious diseases, animal keeping and environmental nuisances (multiple Parts and Schedules).","Interlocking definitions and cross‑references: numerous defined terms and references to other laws and standards (Health Act 1911, Local Government Act 1995, Building Code, Food Act, AS/AS‑NZ standards) increasing interpretive complexity (see cl.1.5 and multiple Parts).","Discretionary administrative powers: wide discretion for the local government, CEO, authorised persons and EHOs to approve, impose conditions, vary/cancel licences and give notices (e.g. cl.1.5 definitions; cl.2.6, cl.2.17, cl.2.29, cl.6.1).","Multiple licensing/registration regimes and procedural steps: separate application, approval, renewal and notification requirements for morgues, lodging houses, bee/farm/animal licences and offensive trades (see cl.3.13; Part 8; cl.2.15; Part 9).","Technical and site‑specific standards: numeric separation distances and technical construction/ventilation/venting and sanitation standards (Schedules 2–4; cl.2.12–2.15; cl.3.5).","Enforcement and remedial powers with cost recovery: powers to enter, carry out work and recover costs, and limits on compensation (e.g. cl.6.5 in Health local law; cl.7.8 and cl.6.5 in Animals local law).","Layered penalties and infringement regime: mix of maximum fines, daily penalties, and prescribed modified penalties set out across Parts and Schedule 1, requiring administrative calibration (Part 10; Schedule 1 in Animals law).","Operational compliance burden: recurring duties on low‑scale actors (owners/occupiers/keepers) for maintenance, record‑keeping, registrations, inspections and remedial actions (e.g. cl.3.1, cl.8.23–8.25, cl.2.7).","Overlap with state regulation and potential for subject‑matter tension: reliance on external standards and state approvals (e.g. Water Services Act, Food Standards Code, Biosecurity and Agriculture Management Act) which may interact with local conditions (see cl.1.5 definitions and cl.1.6).","Appeal and review pathway dependence: decisions are subject to objection and review under the Act (Part 5 of Animals law refers to Division 1 of Part 9 of the Act), adding procedural layers."],"plain_english_summary":"This instrument establishes a detailed local regulatory regime for sanitation, housing, lodging houses, food/offensive trades, pest and infectious‑disease control, and the keeping of animals across the Shire of Cunderdin. It creates duties, registration and licence processes, technical standards and inspection powers, and allows the local government and Environmental Health Officers to issue notices, enter premises, carry out remedial work and recover costs.\n\nIt affects owners, occupiers, keepers, event organisers, builders and commercial operators by imposing compliance obligations, fees, inspections and monetary penalties for breaches (see Parts 2–9; penalties in Part 10 and Schedules)."},"kimi_summary":{"_metrics":{"completionTokens":843},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This appears to be the original 2016 version of the local law, consolidating and replacing the 1998 Health Local Laws. The scope aligns with the stated purpose of regulating health, sanitation, animals, and environmental nuisances. No evidence of significant scope creep beyond original intent."},"complexity_factors":["Extensive cross-referencing to other legislation (Health Act 1911, Local Government Act 1995, Building Code, multiple Australian Standards)","47 defined terms in interpretation section alone, with additional Part-specific definitions","Nested conditional logic throughout (e.g., 'unless exempted' clauses with multiple sub-exceptions)","Detailed technical specifications (e.g., floor gradients of 1:50, ventilation ratios, fire safety indices)","Dual local laws with overlapping but distinct coverage requiring careful navigation","Numerous Schedules with application forms, buffer distance tables, and prescribed offences","Conditional licensing with variable conditions and cancellation triggers","Specific measurement requirements (cubic metres, millimetres, lux levels, separation distances)"],"plain_english_summary":"This local law updates the Shire of Cunderdin’s rules on public health and animal/environmental management, replacing the 1998 regime. It requires property standards, controls on animals and trades, and measures to prevent pests, pollution and nuisances across the shire.\n\nIt affects property owners, businesses, farmers, pet keepers and beekeepers, and gives the council inspection, notice, remediation and fining powers to protect health, water and community amenity."}},"importantCases":[],"_links":{"self":"/api/acts/cunderdin-shire-of-health-local-law-2016","history":"/api/acts/cunderdin-shire-of-health-local-law-2016/history","analysis":"/api/acts/cunderdin-shire-of-health-local-law-2016/analysis","conflicts":"/api/acts/cunderdin-shire-of-health-local-law-2016/conflicts","importantCases":"/api/acts/cunderdin-shire-of-health-local-law-2016/important-cases","documents":"/api/acts/cunderdin-shire-of-health-local-law-2016/documents"}}