{"id":"wa-local:gingin-shire-of-dogs-amendment-local-law-2016","name":"Dogs Amendment Local Law 2016","slug":"dogs-amendment-local-law-2016","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438067,"registerId":"wa-local:gingin-shire-of-dogs-amendment-local-law-2016-pdf-1775954635532","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Dogs Amendment Local Law 2016","content":"!2016215GG!\n5453\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, FRIDAY, 2 DECEMBER 2016 No. 215 SPECIAL\nPUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 1.00 PM\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nSHIRE OF GINGIN\nLOCAL LAWS\nDOGS AMENDMENT LOCAL LAW 2016\nFENCING LOCAL LAW 2016\nKEEPING AND CONTROL OF CATS\nLOCAL LAW 2016\nWASTE LOCAL LAW 2016\n\n\n\n2 December 2016 GOVERNMENT GAZETTE, WA 5455\nDOG ACT 1976\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF GINGIN\nDOGS AMENDMENT LOCAL LAW 2016\nUnder the powers conferred on it by the Dog Act 1976, the Local Government Act 1995 and all other\nrelevant powers enabling it, the Council of the Shire of Gingin resolved on 20 September 2016 to\nmake this local law.\n1. Title\nThis local law may be cited as the Shire of Gingin Dogs Amendment Local Law 2016.\n2. Commencement\nThis local law commences on the 14th day after the day on which it is published in the Government\nGazette.\n3. Principal local law\nIn this local law, the Shire of Gingin Dogs Local Law 2004 published in the Government Gazette on\n13 September 2004 is referred to as the principal local law. The principal local law is amended as\nfollows—\n4. Enabling legislation amended\nAbove the title of the local law at the top of the page, insert “Local Government Act 1995” immediately\nbelow “Dog Act 1976”.\n5. Clause 1.3 amended\nClause 1.3 is amended as follows—\n(a) In the definition for “authorized person”, delete “authorized” and substitute “authorised”\nwherever it appears in the definition and throughout the local law;\n(b) Insert new definitions in alphabetical order as follows—\n“district” means the district of the local government;\n“General Rural” means any area zoned as General Rural under the local government’s\nLocal Planning Scheme;\n“local planning scheme” means a local planning scheme of the local government made\nunder the Planning and Development Act 2005;\n“townsite” means the townsites of Gingin, Guilderton, Lancelin, Ledge Point and Seabird\nwhich 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; and\n(c) Delete the definition for “town planning scheme”.\n6. Clause 3.2 amended\nClause 3.2 is amended as follows—\n(a) In subclause (2)(a), after “townsite” insert “or any other area that is not zoned General Rural\nunder the local planning scheme”; and\n(b) In subclause (2)(b) delete “situated outside a townsite” and substitute “zoned General Rural\nunder the local planning scheme”.\n7. Clause 4.1 amended\nClause 4.1 is amended by deleting “Schedule 2” and substituting “Schedule 1”.\n8. Clause 4.2 amended\nClause 4.2 is amended as follows—\n(a) Delete “of that in Schedule 1” and substitute “as determined by the local government from\ntime to time”;\n\n5456 GOVERNMENT GAZETTE, WA 2 December 2016\n(b) Insert a new subclause 4.2(a) as follows—\n(a) a copy of a determination on application for planning approval granting approval for an\nanimal establishment (if required by the local government); and\n(c) Renumber the existing subclauses accordingly.\n9. Clause 4.4 amended\nClause 4.4 is amended as follows—\n(a) delete “town” and substitute “local”;\n(b) delete “4.2(b)” and substitute “4.2(c)”; and\n(c) delete “4.5(a)” and substitute “4.5(b)”.\n10. Clause 4.7 amended\nClause 4.7 is amended as follows—\n(a) In subclause (a)—\n(i) delete “town” and substitute “local”; and\n(ii) delete “or”.\n(b) In subclause (b) delete the full stop and substitute “; or”; and\n(c) Insert a new subclause (c) as follows—\n(c) it does not comply with the conditions required on the application form.\n11. Clause 4.8 amended\nClause 4.8 is amended as follows—\n(a) In subclause (1), delete “Schedule 2” and substitute “Schedule 1”; and\n(b) In subclause (2), delete “Schedule 2” and substitute “Schedule 1”.\n12. Part 5 deleted\nDelete Part 5 in its entirety and renumber the remaining Parts accordingly.\n13. Clause 7.2 amended\nClause 7.2 is amended as follows—\n(a) In subclause (1) delete “Schedule 2” and substitute “Schedule 1”;\n(b) In subclause (2) delete “Schedule 2” and substitute “Schedule 1”; and\n(c) In subclause (3) delete “Schedule 2” and substitute “Schedule 1”.\n14. Schedule 1 deleted\nDelete Schedule 1 and renumber the remaining Schedules accordingly.\n15. Schedule 3 amended\nSchedule 3 is amended as follows—\n(a) delete “(Clause 7.2)” and substitute “(Clause 6.2)”;\n(b) delete in its entirety the offence against Clause 5.1(2); and\n(c) delete the offence reference “6.1(2)” and substitute “5.1(2)”.\n————\nDated this 15th day of November 2016.\nThe Common Seal of the Shire of Gingin was affixed by authority of a resolution of the Council in the\npresence of—\nD. W. ROE, Shire President.\nJ. EDWARDS, Chief Executive Officer.\n———————————\n\n2 December 2016 GOVERNMENT GAZETTE, WA 5457\nDIVIDING FENCES ACT 1961\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF GINGIN\nFENCING LOCAL LAW 2016\nTABLE OF CONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Repeal\n1.4 Application\n1.5 Terms used in this local law\nPART 2—SUFFICIENT FENCES\n2.1 Sufficient fences\nPART 3—FENCES REQUIRING A LICENCE\n3.1 Fences requiring a licence\nPART 4—PROHIBITED MATERIALS\n4.1 Materials prohibited in fences\nPART 5—LICENSING\n5.1 Who may apply for licence\n5.2 Application for licence\n5.3 Information required for application\n5.4 Further information relevant to application\n5.5 Power of local government to grant licence\n5.6 Considerations relevant to determination of application\n5.7 Other conditions\n5.8 Contravention of conditions\nPART 6—OFFENCES AND PENALTIES\n6.1 Offences\n6.2 Infringement and infringement withdrawal notices\n6.3 Modified Penalties\n6.4 Prosecution for offences\nSCHEDULE 1—SUFFICIENT FENCES\nSCHEDULE 2—MODIFIED PENALTIES\n\n\n\n2 December 2016 GOVERNMENT GAZETTE, WA 5459\nDIVIDING FENCES ACT 1961\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF GINGIN\nFENCING LOCAL LAW 2016\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling\nit, the Council of the Shire of Gingin resolved on 20 September 2016 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Shire of Gingin Fencing Local Law 2016.\n1.2 Commencement\nThis local law commences on the 14th day after the day on which it is published in the Government\nGazette.\n1.3 Repeal\nThe Shire of Gingin By-laws Relating to Fencing published in the Government Gazette on\n12 September 1975 are repealed.\n1.4 Application\nThis local law applies throughout the entire district.\n1.5 Terms used in this local law\nIn this local law, unless the contrary intention appears—\napplicant means a person who makes an application for approval under this local law;\napplication means an application for approval under this local law;\napplication fee means the fee determined by the local government under section 6.16 of the\nLocal Government Act 1995 and payable upon lodgement of an application for a permit and\nwhich relates to the lodgement, assessment and determination of the application;\nBuilding Code means the latest edition of the Building Code of Australia published annually by,\nor on behalf of, the Australian Building Codes Board;\nCommercial Lot means a lot where a commercial use—\n(a) is or may be permitted under the Local Planning Scheme; or\n(b) is or will be the predominant use of the lot;\ncomposite fence means a fence that is constructed using multiple dissimilar materials;\ndistrict means the district of the local government;\nelectrified fence means a fence carrying or designed to carry an electrical charge;\nfence means any structure, including a retaining wall, used or functioning as a boundary and\nincluding any gate;\nfront setback area means the area between the front boundary and the front setback line as\ndetermined by the local planning scheme;\nheight in relation to a fence means any vertical distance between—\n(a) the top of the fence at any point; and\n(b) the ground level or, where the ground levels on each side of the fence are not the same,\nthe higher ground level, immediately below that point;\nIndustrial Lot means a lot where an industrial use—\n(a) is or may be permitted under the local planning scheme; or\n(b) is or will be the predominant use of the lot;\nlicence means a licence under this local law;\nlicensee means a person who holds a licence;\nlocal government means the Shire of Gingin;\n\n5460 GOVERNMENT GAZETTE, WA 2 December 2016\nlocal planning scheme means a local planning scheme of the local government made under the\nPlanning and Development Act 2005;\nlot has the meaning given under the Planning and Development Act 2005;\nResidential Lot means a lot where a residential use—\n(a) is or may be permitted under the local planning scheme; or\n(b) is or will be the predominant use of the lot;\nretaining wall means any structure which prevents the movement of soil or retains soil or\nstructures in order to allow ground levels of different elevations to exist adjacent to one\nanother;\nRural Lot means a lot where a rural use—\n(a) is or may be permitted under the planning scheme; or\n(b) is or will be the predominant use of the lot;\nRural Living Lot means a lot where a Rural Living use—\n(a) is or may be permitted under the planning scheme; or\n(b) is or will be the predominant use of the lot;\nSchedule means a Schedule under this local law; and\nsufficient fence means a fence as described in clause 2.1.\nPART 2—SUFFICIENT FENCES\n2.1 Sufficient fences\nFor the purpose of the definition of “sufficient fence” in the Dividing Fences Act 1961, for that part of\nthe district described in Column 1 of Schedule 1, a fence described in Column 2 of Schedule 1\nimmediately opposite the description of that part, is a sufficient fence.\nPART 3—FENCES REQUIRING A LICENCE\n3.1 Fences requiring a licence\n(1) A person must not, without a licence, erect—\n(a) a brick, masonry, stone, concrete, composite or similar fence;\n(b) a fence that does not meet the requirements of a fence as listed in Schedule 1;\n(c) a fence within the front setback area that is above 1200mm in height;\n(d) a fence greater than 1800mm in height; or\n(e) any fence not listed in Schedule 1.\n(2) A person who contravenes this clause commits an offence.\nPART 4—PROHIBITED MATERIALS\n4.1 Materials prohibited in fences\n(1) A person must not erect a fence which is comprised, in whole or in part of—\n(a) broken glass with jagged or spiked projections;\n(b) razor wire; or\n(c) on a residential lot, barbed wire without approval of the local government.\n(2) A person who contravenes this clause commits an offence.\nPART 5—LICENSING\n5.1 Who may apply for licence\nAn application for a licence may only be made to the local government by an individual.\n5.2 Application for licence\nAn application must be—\n(a) in writing in a form approved by the local government from time to time;\n(b) accompanied by any document or information that is required under this local law; and\n(c) accompanied by the application fee.\n5.3 Information required for application\nThe following documents and information are required to accompany an application—\n(a) two copies of specifications describing the materials to be used in the construction of the new\nfence and where not indicated on the drawings, the sizes thereof together with all other\ninformation not shown on the drawings, which is necessary to show that the fence will, if\nconstructed in accordance with the specifications, comply with the provisions of the Building\nCode;\n\n2 December 2016 GOVERNMENT GAZETTE, WA 5461\n(b) a block and drainage plan (to a scale of not less than 1:500) showing—\n(i) street names, lot number and title reference to the site with the north point clearly\nmarked;\n(ii) the size and shape of the site;\n(iii) the dimensioned position of the proposed new fence and of any existing buildings on the\nsite; and\n(iv) the relative levels of the site with respect to the street or way adjoining; and\n(c) any other information the local government considers necessary in the circumstances of the\ncase.\n5.4 Further information relevant to application\n(1) The local government may ask an applicant for any additional document or information that the\nlocal government considers is or could be relevant to making a decision on the application.\n(2) If the local government makes a request under subclause (1) the local government does not have to\nconsider the application, or consider it further, until the request is complied with.\n(3) Any costs incurred in complying with the request under subclause (1) are to be paid by the\napplicant unless the local government determines otherwise.\n5.5 Power of local government to grant licence\nWhere an application is made to the local government, the local government may determine the\napplication by—\n(a) granting a licence to the applicant to erect a fence referred to in clause 3.1; or\n(b) rejecting the application.\n5.6 Considerations relevant to determination of application\nIn determining an application, the local government is to have regard to—\n(a) the suitability of the fence in the context of surrounding fences and in particular the amenity\nof the locality in general;\n(b) the comments of adjoining owners for fences greater than 1800mm in height; and\n(c) compliance with the Building Code.\n5.7 Other conditions\nThe local government may grant a licence subject to any conditions that the local government\nconsiders appropriate.\n5.8 Contravention of conditions\nA licensee who contravenes a condition of the licence commits an offence.\nPART 6—OFFENCES AND PENALTIES\n6.1 Offences\n(1) A person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law that person is prohibited from doing, commits an offence.\n(2) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of\nsection 9.16(1) of the Local Government Act 1995.\n(3) Any person who commits an offence under this local law is liable, upon conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding\n$500 for each day or part of a day during which the offence has continued.\n6.2 Infringement and infringement withdrawal notices\nFor the purpose of this local law—\n(a) the form of the infringement notice referred to in sections 9.16 and 9.17 of the Local\nGovernment Act 1995 is the form as decided by the local government from time to time; and\n(b) the form of the infringement withdrawal notice referred to in section 9.20 of the Local\nGovernment Act 1995 is the form as decided by the local government from time to time.\n6.3 Modified Penalties\n(1) An offence against any provision of this local law is a prescribed offence for the purposes of section\n9.16(1) of the Local Government Act 1995.\n(2) The amount appearing in the final column of Schedule 2 directly opposite an offence described in\nthat Schedule is the modified penalty for that offence.\n6.4 Prosecution for offences\nA penalty for an offence against this local law (not being a modified penalty) may be recovered by the\nlocal government by taking proceedings against the alleged offender in the Magistrates Court.\nPART 7—OBJECTIONS AND REVIEW\n7.1 Objections and review\nWhen the local government makes a decision under clause 5.5, the provisions of Part 9 Division 1 of\nthe Local Government Act 1995 and Regulation 33 of the Local Government (Functions and General)\nRegulations 1996 apply to that decision.\n\n5462 GOVERNMENT GAZETTE, WA 2 December 2016\nSCHEDULE 1—SUFFICIENT FENCES\n[clause 2.1]\nCOLUMN 1 COLUMN 2\nDescription of\npart of the district\nDescription of sufficient fence\nResidential Lot (1) A fully enclosed timber fence built to manufacturer’s specifications or in\naccordance with established construction techniques, the height of the\nfence to be a maximum of 1800mm except with respect to a fence within the\nfront setback area for which the height of the fence is to a maximum of\n1200mm.\n(2) A fence constructed of corrugated fibre reinforced pressed cement\nsheeting erected to manufacturer’s specifications or which otherwise\nsatisfies the following specifications—\n(a) a minimum in-ground length of 25% of the total length of the sheet,\nbut in any case shall have a minimum in-ground depth of 600mm;\n(b) the total height and depth of the fence to consist of a single\ncontinuous fibre reinforced cement or steel sheet;\n(c) the sheets to be lapped and capped with extruded “snap-fit” type\ncapping in accordance with the manufacturer’s written\ninstructions; and\n(d) the height of the fence to be a maximum of 1800mm except with\nrespect to the front set back area for which the height of the fence\nis to be a maximum of 1200mm.\n(3) A fence constructed of brick, stone, concrete or a composite fence to\n1800mm and with respect to a fence within the front set back area, is\nvisually permeable above 1200mm, which—\n(a) has been designed in accordance with the Building Code; or\n(b) certified by a practicing structural engineer; and\n(c) has had building approval as a Class 10b structure in accordance\nwith the Building Act 2011 and its subsidiary legislation.\nCommercial Lot or\nIndustrial Lot\n(4) A fence constructed of galvanised or PVC coated rail-less link mesh,\nchain mesh or steel mesh which satisfies the following specifications—\n(a) corner posts to be minimum 50mm nominal bore x 3.5mm and with\nfootings of a 225mm diameter x 900mm depth;\n(b) intermediate posts to be minimum 32mm nominal bore x 3.15mm\nat maximum 4m centres and with footings 225mm x 600mm depth;\n(c) struts to be minimum 32mm nominal bore x 3.15mm fitted at each\ngate and 2 at each corner post and with footings 225mm x 600mm\ndepth;\n(d) cables to be affixed to the top, centre and bottom of all posts and to\nconsist of 2 or more 3.15mm wires twisted together or single 4mm\nwire;\n(e) rail-less link, chain or steel mesh is to be a height of 1800mm on\ntop of which are to be 3 strands of barbed wire carrying the fence to\na maximum height of 2400mm; and\n(f) galvanised link mesh wire to be a height of 1800mm and\nconstructed of 50mm x 50mm x 2.5mm galvanised iron wire and to\nbe strained, neatly secured and laced to the posts and affixed to\ncables. Vehicle entry gates shall provide an opening of not less\nthan 3600mm and shall be constructed of 25mm tubular\nframework with one horizontal and one vertical stay constructed of\n20mm piping and shall be covered with 50mm x 50mm x 2.5mm\ngalvanised link mesh strained to framework. Gates shall be fixed\nwith a drop bolt and locking attachment.\n(5) A fence of fibre reinforced cement sheet or steel sheeting constructed to\nthe minimum specifications referred to in Item 2 above.\n(6) Subject to the written approval of the local government, painted\ngalvanised steel or aluminium sheeting may be used behind the building\nline to a maximum of 2400mm high when supported on posts and rails to\nthe satisfaction of the local government.\nRural Lot (7) Fences of timber, brick, stone or concrete constructed in accordance with\nthe requirements referred to in Items 1 and 3 above.\n(8) In the case of non-electrified fence, a sufficient fence on a Rural Lot is a\nfence of posts and wire construction, the minimum specifications for which\nare—\n(a) wire shall be high tensile wire and not less than 2.5mm. A\nminimum of 5 wires shall be used, generally with the lower wires\nspaced closer together than the higher wires so as to prevent\nsmaller stock passing through, and connected to posts in all cases;\n\n2 December 2016 GOVERNMENT GAZETTE, WA 5463\nCOLUMN 1 COLUMN 2\nDescription of\npart of the district\nDescription of sufficient fence\n(b) posts shall be of indigenous timber or other suitable material\nincluding—\n(i) timber impregnated with a termite and fungicidal\npreservative;\n(ii) standard iron star pickets; or\n(iii) concrete.\n(c) if timber posts are used, timber posts are to be cut not less than\n1800mm long x 70mm diameter at small end if round or 125mm x\n60mm if split or sawn. Timber posts to be placed at not more than\n10m intervals, set a minimum 600mm in the ground and 1200mm\nabove the ground; and\n(d) strainer posts if timber, shall be not less than 2250mm long and\n150mm diameter at the small end (tubular steel to be 50mm in\ndiameter) and shall be cut from indigenous timber or other suitable\nmaterial. These shall be placed a minimum of 1000mm in the\nground and set at all corners, gateways and fence line angles but\nnot exceeding 200m apart.\n(9) An electrified fence having 4 wires only is a sufficient fence if\nconstructed generally in accordance with Item 8 above.\nRural Living (10) In the case of a non-electrified fence, unless otherwise stipulated by\nthe Planning Scheme a sufficient fence on a Rural Living Lot is: a fence of\nposts and wire construction, the minimum specifications for which are—\n(a) wire shall be high tensile wire and not less than 2.5mm. A\nminimum of 5 wires shall be used, generally with the lower wires\nspaced closer together than the higher wires so as to prevent\nsmaller stock passing through, and connected to posts in all cases;\n(b) posts shall be of indigenous timber or other suitable material\nincluding—\n(i) timber impregnated with a termite and fungicidal\npreservative;\n(ii) standard iron star pickets; or\n(iii) concrete.\n(c) if timber posts are used, posts are to be cut not less than 1800mm\nlong x 70mm diameter at small end if round or 125mm x 60mm if\nsplit or sawn. Posts are to be placed at not more than 10m\nintervals, set minimum 600mm in the ground and 1200mm above\nthe ground; and\n(d) strainer posts, if timber shall be not less than 2250mm long and\n150mm diameter at the small end (tubular steel to be 50mm in\ndiameter) and shall be cut from indigenous timber or other suitable\nmaterial. These shall be placed at a minimum of 1000mm in the\nground and set at all corners, gateways and fence line angles but\nnot exceeding 200m apart.\nCorner Lots A fence constructed otherwise in accordance with the requirements for\nResidential, Commercial or Industrial, Rural or Rural Living, which does\nnot exceed a height of 1200mm for a distance of nine metres from the\nintersection on either the frontage or side boundary of the lot.\n————\nSCHEDULE 2—MODIFIED PENALTIES\n[clause 6.3(2)]\nClause Description Modified\nPenalty $\n3.1(a) Erect a brick, masonry, stone, concrete, composite or similar fence\nwithout a licence\n250\n3.1(b) Erect a fence that does not meet the requirements of a fence as listed in\nSchedule 1 without a licence\n250\n3.1(c) Erect a fence within the front setback area that is above 1200mm in\nheight without a licence\n250\n3.1(d) Erect a fence greater than 1800mm in height without a licence 250\n3.1(e) Erect a fence not listed in Schedule 1 without a licence 250\n4.1(1)(a) Erect a fence using broken glass with jagged or spiked projections 250\n4.1(1)(b) Erect a fence using razor wire 250\n4.1(1)(c) Erect a fence using barbed wire on a residential lot 250\n5.8 Failure to comply with conditions of licence 250\n\n5464 GOVERNMENT GAZETTE, WA 2 December 2016\nDated this 15th day of November 2016.\nThe Common Seal of the Shire of Gingin was affixed by authority of a resolution of the Council in the\npresence of—\nD. W. ROE, Shire President.\nJ. EDWARDS, Chief Executive Officer.\n———————————\n\n2 December 2016 GOVERNMENT GAZETTE, WA 5465\nCAT ACT 2011\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF GINGIN\nKEEPING AND CONTROL OF CATS LOCAL LAW 2016\nTABLE OF CONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Application\n1.4 Purpose\n1.5 Definitions\nPART 2—PERMITS FOR KEEPING CATS\n2.1 Interpretation\n2.2 Cats for which permit is required\n2.3 Application for permit\n2.4 Refusal to determine application\n2.5 Factors relevant to determination of application\n2.6 Decision on application\n2.7 Conditions\n2.8 Compliance with conditions of permit\n2.9 Duration of permit\n2.10 Revocation\n2.11 Permit not transferable\n2.12 Permit to be kept at the premises and available for view\nPART 3—MISCELLANEOUS\n3.1 Giving of a notice\nPART 4—OBJECTIONS AND APPEALS\n4.1 Objection and appeal rights\nPART 5—OFFENCES, DEFENCE AND PENALTIES\n5.1 Offences\n5.2 Prescribed offences\n5.3 Forms\n5.4 Defence\nSCHEDULE 1—ADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR PERMITS\nSCHEDULE 2—OFFENCES IN RESPECT OF WHICH A MODIFIED PENALTY APPLIES\n\n\n\n2 December 2016 GOVERNMENT GAZETTE, WA 5467\nCAT ACT 2011\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF GINGIN\nKEEPING AND CONTROL OF CATS LOCAL LAW 2016\nUnder the powers conferred by the Cat Act 2011 and the Local Government Act 1995 and by all other\npowers enabling it, the Council of the Shire of Gingin resolved on 20 September 2016 to make the\nfollowing local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Shire of Gingin Keeping and Control of Cats Local Law 2016.\n1.2 Commencement\nThis local law comes into operation on the 14th day after the date on which it is published in the\nGovernment Gazette.\n1.3 Application\nThis local law applies throughout the entire district.\n1.4 Definitions\nIn this local law unless the context otherwise requires—\nAct means the Cat Act 2011;\napplicant means the occupier of the premises who makes an application for a permit under this\nlocal law;\nauthorised person means a person appointed by the local government to perform all or any of\nthe functions conferred on an authorised person under this local law;\ncat means any member of species Felis Catus (domestic cat) or a hybrid of that species;\ncat management facility has the meaning given to it in the Act;\ncattery means any premises where more than 2 cats over the age of 6 months are kept, boarded,\ntrained or bred temporarily, usually for profit and where the occupier of the premises is not\nthe ordinary owner of the cats;\nCEO means the Chief Executive Officer of the local government;\ndistrict means the district of the local government;\neffective control in relation to a cat means any of the following methods—\n(a) held by a person who is capable of controlling the cat;\n(b) securely tethered;\n(c) secured in a cage; or\n(d) any other means of preventing escape;\ngrouped dwelling (commonly referred to as a duplex, villa or townhouse) means a dwelling that\nis 1 of a group of 2 or more dwellings on the same lot such that no dwelling is placed wholly or\npartly vertically above the other, except where special conditions of landscape or topography\ndictate otherwise, and includes a dwelling on a survey strata with common property;\nlocal government means the Shire of Gingin;\nlocal planning scheme means a local planning scheme of the local government made under the\nPlanning and Development Act 2005;\nmultiple dwelling (often called flats, apartments or units) means a dwelling in a group of more\nthan 1 dwelling on a lot where any part of a dwelling is vertically above part of any other\nbut—\n(a) does not include a grouped dwelling; and\n(b) includes any dwellings above the ground floor in a mixed use development;\n\n5468 GOVERNMENT GAZETTE, WA 2 December 2016\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 to other property on the land\naffected by the interference;\nowner has the meaning given to it in the Act;\npermit means a permit issued by the local government under clause 2.6;\npermit holder means a person who holds a valid permit under clause 2.6;\npremises includes—\n(a) any land (whether or not vacant) and any improvements used for any purpose;\n(b) any part of any building in separate ownership or separate occupation, or any unit, flat,\ntown house, duplex, apartment, grouped dwelling or multiple dwelling (whether of a\npermanent or temporary nature), industry or business; and\n(c) a vehicle;\nRegulations means the Cat Regulations 2012;\nRSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western\nAustralia;\nSchedule means a schedule to this local law; and\nUniform Local Provisions means the Cat (Uniform Local Provisions) Regulations 2013.\nPART 2—PERMITS FOR KEEPING CATS\n2.1 Interpretation\nIn this Part, unless the context otherwise requires, cat does not include a cat less than 6 months old.\n2.2 Cats for which permit is required\n(1) Subject to subclause (2) a person is required to have a permit—\n(a) to keep more than 2 cats on any premises in accordance with a valid permit; or\n(b) to use any premises as a cattery.\n(2) A permit is not required under subclause (1) if the premises concerned are—\n(a) a refuge of the RSPCA or any other registered animal welfare organisation;\n(b) a cat management facility which has been approved by the local government; or\n(c) a veterinary surgery.\n2.3 Application for permit\nAn application for a permit under clause 2.2 shall be—\n(a) made by an occupier of premises in relation to those premises;\n(b) in a form approved by the local government, describing and specifying the number of cats to\nbe kept on the premises;\n(c) accompanied by the plans of the premises to which the application relates to the specification\nand satisfaction of the local government;\n(d) accompanied by the consent in writing of the owner of the premises, where the occupier is not\nthe owner of the premises to which the application relates; and\n(e) accompanied by the application fee for the permit determined by the local government from\ntime to time.\n2.4 Refusal to determine application\nThe local government may refuse to determine an application for a permit if it is not made in\naccordance with clause 2.3.\n2.5 Factors relevant to determination of application\n(1) In determining an application for a permit the local government may have regard to—\n(a) the physical suitability of the premises for the proposed use;\n(b) the suitability of the zoning of the premises under any local planning scheme which applies to\nthe premises for the proposed use;\n(c) the environmental sensitivity and general nature of the location surrounding the premises for\nthe proposed use;\n(d) the structural suitability of any enclosure in which any cat is to be kept;\n(e) the likelihood of a cat causing a nuisance, inconvenience or annoyance to the occupiers of\nadjoining land;\n(f) the likely effect of the proposed use on the amenity of the surrounding area;\n(g) the likely effect of the proposed use on the local environment, including the likelihood of any\npollution or other environmental damage;\n\n2 December 2016 GOVERNMENT GAZETTE, WA 5469\n(h) any submissions received under subclause (2) within the time specified in subclause (2); and\n(i) such other factors which the local government may consider to be relevant in the\ncircumstances of the particular case.\n(2) The local government may require an applicant to—\n(a) consult with adjoining landowners; and\n(b) advise the adjoining landowners that they may make submissions to the local government on\nthe application for the permit within 14 days of receiving that advice, before determining the\napplication for the permit.\n2.6 Decision on application\n(1) The local government may—\n(a) approve an application for a permit in which case it shall approve it subject to the conditions\nin clause 2.7 and may approve it subject to any other conditions it considers fit; or\n(b) refuse to approve an application for a permit.\n(2) If the local government approves an application under subclause (1), then it shall issue to the\napplicant a permit in the form determined by the CEO.\n(3) If the local government refuses to approve an application under subclause (1), then it is to advise\nthe applicant accordingly in writing.\n2.7 Conditions\n(1) Every permit is issued subject to the following conditions—\n(a) each cat kept on the premises to which the permit relates shall be registered under the Act;\n(b) each cat shall be contained on the premises unless under the effective control of a person;\n(c) the permit holder will provide adequate space for the exercise of the cats;\n(d) the premises shall be maintained in good order and in a clean and sanitary condition; and\n(e) those conditions contained in Schedule 1.\n(2) In addition to the conditions subject to which a permit is to be issued under this clause, a permit\nmay be issued subject to other conditions, as the local government considers appropriate.\n2.8 Compliance with conditions of permit\nA permit holder shall comply with each condition of a permit.\n2.9 Duration of permit\nUnless otherwise specified in a condition on a permit, a permit commences on the date of issue and is\nvalid for a period of 12 months from the date of issue unless and until—\n(a) it is revoked; or\n(b) the permit holder ceases to reside at the premises to which the permit relates.\n2.10 Revocation\nThe local government may revoke a permit if the permit holder fails to observe any provision of this\nlocal law or a condition of a permit.\n2.11 Permit not transferable\nA permit is not transferable either in relation to the permit holder or the premises.\n2.12 Permit to be kept at the premises and available for view\nA permit issued by the local government shall be kept at the premises to which it applies and shall be\nprovided to an authorised person on demand. In the case of a registered cattery, the permit shall be\ndisplayed in a prominent place within the premises.\nPART 3—MISCELLANEOUS\n3.1 Giving of a notice\nA notice given under this local law may be given to a person—\n(a) personally;\n(b) by registered mail addressed to the person; or\n(c) by leaving it for the person at her or his address.\nPART 4—OBJECTION AND REVIEW\n4.1 Objection and review rights\nAny person who is aggrieved by the conditions imposed in relation to a permit, the revocation of a\npermit, or by the refusal of the local government to grant a permit may object to or appeal against the\ndecision under Division 1 of Part 9 of the Local Government Act 1995.\nPART 5—OFFENCES, DEFENCE AND PENALTIES\n5.1 Offences\n(1) Any person who fails to do anything required or directed to be done under this local law, or who\ndoes anything which under this local law a person is prohibited from doing, commits an offence.\n\n5470 GOVERNMENT GAZETTE, WA 2 December 2016\n(2) Any person who commits an offence under this local law is liable, on conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding\n$500 for each day or part of a day during which the offence has continued.\n5.2 Prescribed offences\nAn offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of this local\nlaw.\n5.3 Forms\n(1) The issue of infringement notices, their withdrawal, objections, warrants and payment of modified\npenalties is dealt with under the Cat Regulations 2012.\n(2) An infringement notice given under section 62 of the Act is to be in the form of Form 6 of\nSchedule 1 of the Cat Regulations 2012.\n(3) A notice sent under section 65 of the Act withdrawing an infringement notice is to be in the form of\nForm 7 of Schedule 1 of the Cat Regulations 2012.\n5.4 Defence\nIt is a defence to a charge of an offence under 5.1(1) if the person charged satisfies the court—\n(a) in the case of any person, that they took all reasonable precautions and exercised all due\ndiligence to avoid the contravention; or\n(b) in the case of the occupier of premises where the cat is ordinarily kept or ordinarily permitted\nto live, that—\n(i) they fulfilled the requirements of subclause (a); or\n(ii) at the material time the cat was in fact owned by some other person (whom they shall\nidentify) over the age of 18 years; or\n(c) in the case of the owner or the registered owner, that—\n(i) they fulfilled the requirements of subclause (a); or\n(ii) at the material time the cat was in the possession or effective control of some other\nperson without his or her consent, express or implied.\n————\nSCHEDULE 1—ADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR PERMITS\n[Clause 2.7]\n1. Permit to keep 3 or more cats—Additional conditions\n(a) The written consent to the application for a permit of the adjoining multiple dwellings has\nbeen obtained.\n(b) Without the consent of the local government, the permit holder will not substitute or replace\nany cat once that cat—\n(i) dies; or\n(ii) is permanently removed from the premises.\n2. Permit to use premises as a cattery—Additional conditions\n(a) All building enclosures must be structurally sound, have impervious flooring and be well lit\nand ventilated and otherwise comply with all legislative requirements.\n(b) There are to be a feed room, wash area, isolation cages and maternity section.\n(c) Materials used in structures are to be approved by the local government.\n(d) The internal surfaces of walls are, where possible, to be smooth, free from cracks, crevices and\nother defects.\n(e) All fixtures, fittings and appliances are to be capable of being easily cleaned, resistant to\ncorrosion and constructed to prevent the harbourage of vermin.\n(f) Wash basin with a minimum of cold water to be available.\n(g) The maximum number of cats to be kept on the premises stated on the permit is not to be\nexceeded.\n(h) An entry book is to be kept recording in respect of each cat the—\n(i) date of admission;\n(ii) date of departure;\n(iii) breed, age, colour and sex; and\n(iv) name and residential address of the owner;\n(i) The entry book is to be made available for inspection on the request of an authorised person.\n(j) Enclosures are to be thoroughly cleaned each day and disinfected at least once a week to\nminimise disease.\n(k) No sick or ailing cat to be kept on the premises.\n(l) Any other matter which in the opinion of the local government is deemed necessary for the\nhealth and wellbeing of any cat, or person, or adjoining premises or the amenity of the area\n(or any part thereof).\n\n2 December 2016 GOVERNMENT GAZETTE, WA 5471\nSCHEDULE 2—OFFENCES IN RESPECT OF WHICH A MODIFIED PENALTY APPLIES\n[Clause 5.2]\nItem\nNumber\nClause\nNumber\nNature of Offence Modified\nPenalty\n1. 2.2(1)(a) Keeping of more than two cats on premises without a permit $250\n2. 2.2(1)(b) Use of a premises as a cattery without a permit $250\n3. 2.8 Failure to comply with a condition of a permit $250\n4. 2.12 Failure to keep permit at the premises and/or displayed as\nrequired\n$250\n————\nDated this 15th day of November 2016.\nThe Common Seal of the Shire of Gingin was affixed by authority of a resolution of the Council in the\npresence of—\nD. W. ROE, Shire President.\nJ. EDWARDS, Chief Executive Officer.\n———————————\n\n\n\n2 December 2016 GOVERNMENT GAZETTE, WA 5473\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF GINGIN\nWASTE LOCAL LAW 2016\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Short title\n1.2 Commencement\n1.3 Application\n1.4 Repeal\n1.5 Meaning of terms used in this local law\n1.6 Local public notice of determinations\n1.7 Rates, fees and charges\n1.8 Power to provide waste services\nPART 2—LOCAL GOVERNMENT WASTE\n2.1 Supply of receptacles\n2.2 Deposit of waste in receptacles\n2.3 General waste receptacles\n2.4 Recycling waste receptacles\n2.5 Organic waste receptacles\n2.6 Direction to place or remove a receptacle\n2.7 Duties of owner or occupier\n2.8 Exemption\n2.9 Damaging or removing receptacles\n2.10 Verge collections\nPART 3—GENERAL DUTIES\n3.1 Duties of an owner or occupier\n3.2 Removal of waste from premises\n3.3 Receptacles and containers for public use\nPART 4—OPERATION OF WASTE FACILITIES\n4.1 Operation of this Part\n4.2 Hours of operation\n4.3 Signs and directions\n4.4 Fees and charges\n4.5 Depositing waste\n4.6 Prohibited activities\nPART 5—ENFORCEMENT\n5.1 Offences and general penalty\n5.2 Other costs and expenses\n5.3 Prescribed offences\n5.4 Form of notices\nSCHEDULE 1—MEANING OF ‘NON-COLLECTABLE WASTE’\nSCHEDULE 2—PRESCRIBED OFFENCES\n\n\n\n2 December 2016 GOVERNMENT GAZETTE, WA 5475\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF GINGIN\nWASTE LOCAL LAW 2016\nUnder the powers conferred on it by the Waste Avoidance and Resource Recovery Act 2007, the Local\nGovernment Act 1995 and under all other enabling powers, the Council of the Shire of Gingin resolved\non 15 November 2016 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Short title\nThis local law may be cited as the Shire of Gingin Waste Local Law 2016.\n1.2 Commencement\nThis local law commences on the 14th day after the day on which it is published in the Government\nGazette.\n1.3 Application\nThis local law applies throughout the entire district.\n1.4 Repeal\nPart 4, Division 2 [Disposal of Refuse] of the Shire of Gingin Health Local Laws 2004 published in the\nGovernment Gazette on 28 June 2004 is repealed.\n1.5 Meaning of terms used in this local law\n(1) In this local law—\nauthorised person means a person appointed by the local government under section 9.10 of the\nLG Act to perform any of the functions of an authorised person under this local law;\ncollectable waste means local government waste that is not—\n(a) liquid refuse;\n(b) liquid waste; or\n(c) non-collectable waste;\ncollectable waste receptacle means a receptacle for the deposit and collection of collectable\nwaste that is—\n(a) a recycling waste receptacle;\n(b) a general waste receptacle; or\n(c) an organic waste receptacle;\ncollection, when used in relation to a receptacle, means the collection and removal of collectable\nwaste from the receptacle by the local government or its contractor;\ncollection day means the day determined by the local government for the collection of collectable\nwaste in the district or a part of the district;\ncollection time means the time on the collection day determined by the local government for the\ncollection of collectable waste in the district or a part of the district;\ncommencement date means the date on which this local law commences operation under clause\n1.2;\ncosts of the local government include administrative costs;\nCouncil means the council of the local government;\ndistrict means the district of the local government;\ngeneral waste receptacle means a receptacle for the deposit and collection of collectable waste\nthat is not recycling waste;\nLG Act means the Local Government Act 1995;\n\n5476 GOVERNMENT GAZETTE, WA 2 December 2016\nLG Regulations means the Local Government (Functions and General) Regulations 1996;\nlocal government means the Shire of Gingin;\nlocal government waste has the same meaning as in the WARR Act;\nnon-collectable waste has the meaning set out in Schedule 1;\noccupier in relation to premises, means any or all of the following—\n(a) a person by whom or on whose behalf the premises are actually occupied; or\n(b) a person having the management or control of the premises;\norganic waste means waste that decomposes readily, such as garden waste or food waste;\norganic waste receptacle means a receptacle for the deposit and collection of organic waste;\nowner has the same meaning as in the LG Act;\npremises has the same meaning as in the Health Act 1911;\npublic place includes a place to which the public ordinarily have access, whether or not by\npayment of a fee;\nreceptacle means a receptacle—\n(a) that has been supplied for the use of the premises by the local government or its\ncontractor, or which has otherwise been approved by the local government; and\n(b) the waste from which is collected and removed from the premises by the local government\nor its contractor;\nrecycling waste receptacle means a receptacle for the deposit and collection of recycling waste;\nrecycling waste means—\n(a) paper and cardboard;\n(b) plastic containers comprised of polyethylene terephthalate or high density polyethylene;\n(c) glass containers;\n(d) steel containers;\n(e) aluminium containers;\n(f) liquid paper board; and\n(g) any other waste determined by the local government to be recycling waste;\nrural living means any area zoned as rural living under the local government’s local planning\nscheme;\nspecified means specified by the local government or an authorised person, as the case may be;\nstreet alignment means the boundary between the land comprising a street and the land that\nabuts the street;\ntownsite means the townsites of Gingin, Lancelin, Guilderton, Seabird and Ledge Point;\nWARR Act means the Waste Avoidance and Resource Recovery Act 2007;\nWARR Regulations means the Waste Avoidance and Resource Recovery Regulations 2008;\nwaste has the same meaning as in the WARR Act;\nwaste facility means a waste facility, as defined in the WARR Act, that is operated by the local\ngovernment; and\nwaste service has the same meaning as in the WARR Act.\n(2) Where, in this local law, a duty or liability is imposed on an owner or occupier, or on an owner and\noccupier, the duty or liability is taken to be imposed jointly and severally on each of the owners or\noccupiers.\n1.6 Local public notice of determinations\nWhere, under this local law, the local government has a power to determine a matter—\n(a) local public notice, under section 1.7 of the LG Act, must be given of the matter determined;\n(b) the determination becomes effective only after local public notice has been given;\n(c) the determination remains in force for the period of 1 year after the date that local public\nnotice has been given under subclause (a);\n(d) after the period referred to in subclause (c), the determination continues in force only if, and\nfor so long as, it is the subject of local public notice, given annually, under section 1.7 of the\nLG Act; and\n(e) the determination must be recorded in a publicly accessible register of determinations that\nmust be maintained by the local government.\n1.7 Rates, fees and charges\nThe local government’s powers to impose rates, fees and charges in relation to waste services are set\nout in sections 66 to 68 of the WARR Act and sections 6.16 and 6.17 of the LG Act.\n1.8 Power to provide waste services\nThe local government’s power to provide, or enter into a contract for the provision of, waste services is\ndealt with in section 50 of the WARR Act.\n\n2 December 2016 GOVERNMENT GAZETTE, WA 5477\nPART 2—LOCAL GOVERNMENT WASTE\n2.1 Supply of receptacles\n(1) The local government is to supply or otherwise approve, for the use of each townsite, rural living\nzone, industrial zone or tourism zone premises that is, or is capable of being, occupied or used for\nresidential purposes, 1 or more receptacles for the collection and removal, from those premises, of\ncollectable waste.\n(2) The owner of premises to which subclause (1) applies must—\n(a) ensure that the fee or charge (if any) imposed by the local government in relation to each\nreceptacle is paid to the local government; and\n(b) ensure that each receptacle is used, in respect of those premises, in accordance with this local\nlaw.\n2.2 Deposit of waste in receptacles\n(1) An owner or occupier of premises must not deposit or permit to be deposited in a receptacle any\nnon-collectable waste.\n(2) A person must not deposit waste in a receptacle that has been provided for the use of other\npremises without the consent of the owner or occupier of those premises.\n2.3 General waste receptacles\n(1) An owner or occupier of premises must not deposit or permit to be deposited in a general waste\nreceptacle—\n(a) where the receptacle has a capacity of 240 litres—more than 70 kilograms of collectable\nwaste; or\n(b) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n(2) Where the local government supplies recycling waste receptacles, an owner or occupier of premises\nmust not deposit or permit to be deposited in a general waste receptacle any recycling waste.\n(3) Where the local government supplies organic waste receptacles, an owner or occupier of premises\nmust not deposit or permit to be deposited in a general waste receptacle any organic waste.\n2.4 Recycling waste receptacles\nAn owner or occupier of premises must not deposit or permit to be deposited in a recycling waste\nreceptacle—\n(a) anything other than the particular type of recycling waste for which that receptacle was\nprovided by the local government for those premises;\n(b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of recycling waste;\nor\n(c) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n2.5 Organic waste receptacles\nAn owner or occupier of premises must not deposit or permit to be deposited in an organic waste\nreceptacle—\n(a) anything other than the particular type of organic waste for which that receptacle was\nprovided by the local government for those premises;\n(b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of organic waste; or\n(c) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n2.6 Direction to place or remove a receptacle\n(1) The local government or an authorised person may give a written direction to an owner or occupier\nof specified premises—\n(a) to place a receptacle in respect of those premises for collection; or\n(b) to remove a receptacle in respect of those premises after collection.\n(2) The direction under subclause (1) may specify when the placement or removal is to occur, or where\nthe receptacle is to be placed, or both.\n(3) An owner or occupier of premises must comply with a direction given under this clause.\n2.7 Duties of owner or occupier\nAn owner or occupier of premises must—\n(a) except for a reasonable period before and after collection time, keep each receptacle in a\nstorage space or area that is behind the street alignment;\n(b) take reasonable steps, if placing a receptacle for collection on the verge adjoining the\npremises, or other area as determined by the local government, ensure that, within a\nreasonable period before collection time, each receptacle is—\n(i) within 1 metre of the carriageway;\n(ii) placed so that it does not unduly obstruct any footpath, cycle way, right-of-way or\ncarriageway; and\n\n5478 GOVERNMENT GAZETTE, WA 2 December 2016\n(iii) facing squarely to the edge of and opening towards the carriageway,\nor in such other position as is approved in writing by the local government or an authorised\nperson;\n(c) take reasonable steps to ensure that the premises are provided with an adequate number of\nreceptacles; and\n(d) if the receptacle is lost, stolen, damaged or defective, notify the local government, as soon as\npracticable, after the event.\n2.8 Exemption\n(1) An owner or occupier of premises may apply in writing to the local government for an exemption\nfrom compliance with the requirements of clause 2.7(a) or (b).\n(2) The local government or an authorised person may grant, with or without conditions, or refuse an\napplication for exemption from compliance under this clause.\n(3) An exemption granted under this clause must state—\n(a) the premises to which the exemption applies;\n(b) the period during which the exemption applies; and\n(c) any conditions imposed by the local government or the authorised person.\n(4) An exemption granted under this clause ceases to apply—\n(a) if the local government decides, on reasonable grounds, that there has been a failure to\ncomply with a condition of the exemption; and\n(b) from the date that the local government informs the owner or occupier of its decision under\nclause 2.8(4)(a).\n2.9 Damaging or removing receptacles\nA person, other than the local government or its contractor, must not—\n(a) damage, destroy or interfere with a receptacle; or\n(b) except as permitted by this local law or as authorised by the local government or an\nauthorised person, remove a receptacle from any premises to which it was delivered by the\nlocal government or its contractor.\n2.10 Verge collections\n(1) Where the local government has advertised a verge waste collection (such as a green waste, or a\nbulk waste, verge collection) a person, unless with and in accordance with the approval of the local\ngovernment or an authorised person—\n(a) must deposit waste only during the period of time, and in accordance with other terms and\nconditions, as advertised by the local government in relation to that verge waste collection;\nand\n(b) must otherwise comply with those terms and conditions.\n(2) Where waste has been deposited on a verge for a verge waste collection, a person must not remove\nany of that waste for a commercial purpose but may remove it for any other purpose.\n(3) Except where waste is lawfully removed from a verge under this clause, a person must not\ndisassemble or tamper with any waste deposited on a verge for a verge waste collection so as to\nincrease the risk of harm to any person.\n(4) Clause 2.10(2) does not apply to the local government or a person engaged or contracted by the\nlocal government in relation to the verge waste collection.\nPART 3—GENERAL DUTIES\n3.1 Duties of an owner or occupier\nAn owner or occupier of premises must—\n(a) take reasonable steps to ensure that a sufficient number of receptacles are provided to\ncontain all waste which accumulates or may accumulate in or from the premises;\n(b) ensure that each receptacle is kept in good condition and repair;\n(c) take all reasonable steps to—\n(i) prevent fly breeding and keep each receptacle free of flies, maggots, cockroaches,\nrodents and other vectors of disease;\n(ii) prevent the emission of offensive or noxious odours from each receptacle; and\n(iii) ensure that each receptacle does not cause a nuisance to an occupier of adjoining\npremises; and\n(d) whenever directed to do so by the local government or an authorised person, thoroughly\nclean, disinfect, deodorise and apply a residual insecticide to each receptacle.\n3.2 Removal of waste from premises\n(1) A person must not remove any waste from premises unless that person is—\n(a) the owner or occupier of the premises;\n(b) authorised to do so by the owner or occupier of the premises; or\n(c) authorised in writing to do so by the local government or an authorised person.\n\n2 December 2016 GOVERNMENT GAZETTE, WA 5479\n(2) A person must not remove any waste from a receptacle without the approval of—\n(a) the local government or an authorised person; or\n(b) the owner or occupier of the premises at which the receptacle is ordinarily kept.\n3.3 Receptacles and containers for public use\nA person must not, without the approval of the local government or an authorised person—\n(a) deposit household, commercial or other waste from any premises on or into; or\n(b) remove any waste from,\na receptacle provided for the use of the general public in a public place.\nPART 4—OPERATION OF WASTE FACILITIES\n4.1 Operation of this Part\nThis Part applies to a person who enters a waste facility.\n4.2 Hours of operation\nThe local government may from time to time determine the hours of operation of a waste facility.\n4.3 Signs and directions\n(1) The local government or an authorised person may regulate the use of a waste facility—\n(a) by means of a sign; or\n(b) by giving a direction to a person within a waste facility.\n(2) A person within a waste facility must comply with a sign or direction under subclause (1).\n(3) The local government or an authorised person may direct a person who commits, or is reasonably\nsuspected by the local government or the authorised person of having committed, an offence under\nthis clause to leave the waste facility immediately.\n(4) A person must comply with a direction under subclause (3).\n4.4 Fees and charges\n(1) Unless subclause (3) applies, a person must, on or before entering a waste facility or on demand by\nthe local government or an authorised person, pay the fee or charge as assessed by an authorised\nperson.\n(2) An authorised person may assess the fee or charge in respect of a particular load of waste at a rate\nthat applies to any part of that load, even if that rate is higher than the rate that would apply to any\nother part of the load.\n(3) Subclause (1) does not apply—\n(a) to a person who disposes of waste in accordance with the terms of—\n(i) a credit arrangement with the local government; or\n(ii) any other arrangement with the local government to pay the fee or charge at a different\ntime or in a different manner; and\n(b) to the deposit of waste owned by the local government, or in the possession of an employee on\nbehalf of the local government.\n4.5 Depositing waste\n(1) A person must not deposit waste at a waste facility other than—\n(a) at a location determined by a sign and in accordance with the sign; and\n(b) in accordance with the direction of an authorised person.\n(2) The local government may determine the classification of any waste that may be deposited at a\nwaste facility.\n4.6 Prohibited activities\n(1) Unless authorised by the local government, a person must not—\n(a) remove any waste or any other thing from a waste facility;\n(b) deposit at a waste facility that is a landfill site any waste that is toxic, poisonous or\nhazardous, or the depositing of which is regulated or prohibited by any written law;\n(c) light a fire in a waste facility;\n(d) remove, damage or otherwise interfere with any flora in a waste facility;\n(e) remove, injure or otherwise interfere with any fauna in a waste facility; or\n(f) damage, deface or destroy any building, equipment, plant or property within a waste facility.\n(2) A person must not act in an abusive or threatening manner towards any person using, or engaged\nin the management or operation of, a waste facility.\nPART 5—ENFORCEMENT\n5.1 Offences and general penalty\n(1) A person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law a person is prohibited from doing, commits an offence.\n\n5480 GOVERNMENT GAZETTE, WA 2 December 2016\n(2) A person who commits an offence under this local law is liable, on conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to a further penalty not exceeding $500\nin respect of each day or part of a day during which the offence has continued.\n5.2 Other costs and expenses\n(1) A person who is convicted of an offence under this local law is to be liable, in addition to any\npenalty imposed under clause 5.1, to pay to the local government the costs and expenses incurred by\nthe local government in taking remedial action such as—\n(a) removing and lawfully disposing of toxic, hazardous or poisonous waste; or\n(b) making good any damage caused to a waste facility.\n(2) The costs and expenses incurred by the local government are to be recoverable, as a debt due to\nthe local government, in a court of competent civil jurisdiction.\n5.3 Prescribed offences\n(1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of\nsection 9.16(1) of the LG Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 2.\n5.4 Form of notices\n(1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in\nsection 9.13 of the LG Act is that of Form 1 in Schedule 1 of the LG Regulations.\n(2) The form of the infringement notice given under section 9.16 of the LG Act is that of Form 2 in\nSchedule 1 of the LG Regulations.\n(3) The form of the infringement withdrawal notice given under section 9.20 of the LG Act is that of\nForm 3 in Schedule 1 of the LG Regulations.\n————\nSCHEDULE 1—MEANING OF ‘NON-COLLECTABLE WASTE’\n[Clause 1.5(1)]\nnon-collectable waste means—\n(a) hot or burning material;\n(b) household hazardous waste, including paint, acids, alkalis, fire extinguishers, solvents,\npesticides, oils, gas cylinders, batteries, chemicals and heavy metals;\n(c) any other hazardous material, such as radioactive waste;\n(d) any explosive material, such as flares or ammunition;\n(e) electrical and electronic equipment;\n(f) hospital, medical, veterinary, laboratory or pathological substances;\n(g) construction or demolition waste;\n(h) sewage;\n(i) ‘controlled waste’ for the purposes of the Environmental Protection (Controlled Waste)\nRegulations 2004;\n(j) any object that is greater in length, width, or breadth than the corresponding dimension of\nthe receptacle or that will not allow the lid of the receptacle to be tightly closed;\n(k) waste that is or is likely to become offensive or a nuisance, or give off an offensive or noxious\nodour, or to attract flies or cause fly breeding unless it is first wrapped in non-absorbent or\nimpervious material or placed in a sealed impervious and leak-proof container; and\n(l) any other waste determined by the local government to be non-collectable waste.\n————\nSCHEDULE 2—PRESCRIBED OFFENCES\n[Clause 5.3]\nItem\nNo.\nClause No. Description Modified\nPenalty\n1 2.1(2)(a) Failing to pay fee or charge $350\n2 2.1(2)(b) Failing to ensure lawful use of receptacle $350\n3 2.2(1) Depositing non-collectable waste in a receptacle $350\n4 2.2(2) Depositing waste in another receptacle without consent $350\n5 2.3(1) Exceeding weight capacity of a general waste receptacle $350\n6 2.3(2) and (3) Depositing unauthorised waste in a general waste receptacle $350\n\n2 December 2016 GOVERNMENT GAZETTE, WA 5481\nItem\nNo.\nClause No. Description Modified\nPenalty\n7 2.4(a) Depositing unauthorised waste in a recycling waste\nreceptacle\n$350\n8 2.4(b) and (c) Exceeding weight capacity of a recycling waste receptacle $250\n9 2.5(a) Depositing unauthorised waste in an organic waste\nreceptacle\n$350\n10 2.5(b) and (c) Exceeding weight capacity of an organic waste receptacle $350\n11 2.6(3) Failing to comply with a direction concerning placement or\nremoval or a receptacle\n$250\n12 2.7(a) Failing to keep a receptacle in the required location $250\n13 2.7(b) Failing to place a receptacle for collection in a lawful position $250\n14 2.7(c) Failing to provide a sufficient number of receptacles $250\n15 2.7(d) Failing to notify of a lost, stolen, damaged or defective\nreceptacle\n$50\n16 2.9(a) Damaging, destroying or interfering with a receptacle $400\n17 2.9(b) Removing a receptacle from premises $400\n18 2.10(1) Failing to comply with a term or condition of verge waste\ncollection\n$400\n19 2.10(2) Removing waste for commercial purposes $350\n20 2.10(3) Disassembling or leaving in disarray waste deposited for\ncollection\n$250\n21 3.1(a) Failing to provide a sufficient number of receptacles $250\n22 3.1(b) Failing to keep a receptacle clean and in a good condition and\nrepair\n$250\n23 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a\nreceptacle\n$350\n24 3.1(c)(ii) Failing to prevent the emission of offensive odours from a\nreceptacle\n$350\n25 3.1(c)(iii) Allowing a receptacle to cause a nuisance $350\n26 3.1(d) Failing to comply with a direction to clean, disinfect or\ndeodorise receptacle\n$300\n27 3.2(1) Unauthorised removal of waste from premises $250\n28 3.2(2) Removing waste from a receptacle without approval $250\n29 4.3(2) Failing to comply with a sign or direction $500\n30 4.3(4) Failing to comply with a direction to leave $500\n31 4.4(1) Disposing waste without payment of fee or charge $500\n32 4.5(1) Depositing waste contrary to sign or direction $500\n33 4.6(1)(a) Removing waste without authority $250\n34 4.6(1)(b) Depositing toxic, poisonous or hazardous waste without\nauthority\n$500\n35 4.6(1)(c) Lighting a fire without authority $300\n36 4.6(1)(d) Removing or interfering with any flora without authority $300\n37 4.6(1)(e) Removing or interfering with any fauna without authority $300\n38 4.6(1)(f) Damaging, defacing or destroying any building, equipment,\nplant or property within a waste facility without authority\n$500\n39 4.6(2) Acting in an abusive or threatening manner $300\n————\nDated this 15th day of November 2016.\nThe Common Seal of the Shire of Gingin was affixed by authority of a resolution of the Council in the\npresence of—\nD. W. ROE, Shire President.\nJ. EDWARDS, Chief Executive Officer.\n————\nConsented to—\nSHAUN HODGES, A/Director General,\nDepartment of Environment Regulation.\nDated this 17th day of October 2016.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to be operating within its original intended scope. The Dogs Amendment Local Law 2016 is explicitly amending the 2004 principal law without expanding beyond local dog control matters. The Fencing, Cats, and Waste laws are new replacements for old by-laws (1975 fencing by-laws, 2004 health laws) and operate within standard local government regulatory domains. While the Waste law consolidates and modernises provisions, and the Fencing law adds detail, none appear to have mission-creeped beyond typical local government environmental health and planning functions."},"complexity_factors":["Four distinct local laws bundled together in one Gazette notice (Dogs Amendment, Fencing, Cats, Waste)","Heavy cross-referencing to external legislation: Dog Act 1976, Cat Act 2011, Local Government Act 1995, Waste Avoidance and Resource Recovery Act 2007, Dividing Fences Act 1961, Planning and Development Act 2005, Building Code of Australia","Detailed technical specifications in schedules (e.g., fence post dimensions: '50mm nominal bore x 3.5mm', '225mm diameter x 900mm depth')","Multiple defined terms across each law (approximately 15-25 per law), some overlapping but with subtle differences","Conditional logic and exceptions: numerous 'unless' clauses, exemptions for RSPCA/vets in cat law, different rules for different zoning types (General Rural vs townsites)","Amendment structure in Dog Law requires reading alongside principal 2004 law to understand full effect","Specific measurement-based thresholds (1200mm front fences, 1800mm general fences, 70kg weight limits, 6-month cat age limit)","Modified penalty schedules with specific dollar amounts for each offence type"],"plain_english_summary":"The Shire of Gingin’s 2016 local laws update rules for dogs, fencing, cats and waste management across the Shire. They modernise terminology and zoning-based dog controls, set when fences need licences and ban hazardous materials, require permits and standards for keeping or boarding cats, and regulate bin use, verge collections and tip behaviour.\n\nThese changes affect residents, property owners, pet owners and businesses by clarifying responsibilities, health and safety standards, and enforcement (including penalties) to protect amenity and public health."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Dogs Amendment alters the geographic and definitional reach of the existing dogs local law (expanding clause application beyond townsites to areas not zoned General Rural and inserting local planning scheme references; Dogs Amendment clauses 5–6), deletes and renumbers Parts and Schedules (clauses 12, 14) and moves offence cross‑references (clause 15), which changes how and where rules apply. Separately, the Fencing Local Law repeals 1975 by‑laws and imposes new licensing, technical and penalty regimes (Fencing 1.3, Part 3–6 and Schedule 1), the Cats Local Law creates a permit regime for keeping more than two cats and for catteries under the Cat Act (Cats Part 2), and the Waste Local Law replaces an earlier health by‑law and centralises receptacle supply, fees, exemptions and enforcement with public notice requirements for determinations (Waste 1.4, 1.6, Parts 2–5). Together these changes expand and modernise regulatory scope and administrative obligations compared with the prior local instruments."},"complexity_factors":["Multiple instruments combined: an amendment (Dogs) plus three standalone local laws (Fencing, Cats, Waste) increasing cross‑document complexity.","Extensive cross‑referencing to State Acts and Regulations (Dog Act 1976, Cat Act 2011, Local Government Act 1995, WARR Act 2007, Planning and Development Act 2005 and subsidiary regulations), requiring users to consult primary legislation for context.","Technical, prescriptive construction standards in the Fencing Schedule (detailed post, footing, wire and material specs) that create precise compliance obligations for owners and contractors (Fencing Schedule 1).","Multiple administrative regimes: licence/permit application forms, fees, supporting plans/specifications, requests for further information and potential additional costs borne by applicants (Fencing clauses 5.1–5.4; Cats clauses 2.3–2.6).","Significant local government discretion to grant, condition or refuse licences, exemptions and determinations (Fencing 5.5–5.7; Cats 2.5–2.7; Waste 1.6, 2.8), increasing implementation variance.","Detailed offence and modified penalty schedules across instruments with differing penalty levels and continuing penalties, requiring careful enforcement tracking (Schedules in each law).","Drafting changes in the Dogs amendment (renumbering/deleting Parts and Schedules, new definitions and zone scope changes) that complicate interpretation of the principal local law (Dogs Amendment clauses 3–15).","Procedural requirements for public notice of local determinations (Waste 1.6) add administrative deadlines and renewal rhythms (annual notice to keep determinations effective).","Overlap of land‑use terms (townsite, district, General Rural, local planning scheme) across instruments increases interpretive risk when applying rules to particular parcels (Dogs Amendment 5; Fencing 1.5; Waste 1.5)."],"plain_english_summary":"This package updates local rules in the Shire of Gingin for dogs, fencing, cats and waste. It amends the existing dogs law and creates new local laws setting licensing and technical standards for fences, requiring permits for keeping more than two cats or running a cattery, and regulating waste receptacles, collections, fees and offences. It affects property owners, occupiers, applicants for licences/permits, and anyone using waste facilities because it sets what is allowed, when approvals and fees are needed, and the penalties for non‑compliance."}},"importantCases":[],"_links":{"self":"/api/acts/dogs-amendment-local-law-2016","history":"/api/acts/dogs-amendment-local-law-2016/history","analysis":"/api/acts/dogs-amendment-local-law-2016/analysis","conflicts":"/api/acts/dogs-amendment-local-law-2016/conflicts","importantCases":"/api/acts/dogs-amendment-local-law-2016/important-cases","documents":"/api/acts/dogs-amendment-local-law-2016/documents"}}