{"id":"wa-local:donnybrook-balingup-shire-of-animals-environment-and-nuisance-local-law-2017","name":"Animals, Environment and Nuisance Local Law 2017","slug":"donnybrook-balingup-shire-of-animals-environment-and-nuisance-local-law-2017","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442535,"registerId":"wa-local:donnybrook-balingup-shire-of-animals-environment-and-nuisance-local-law-2017-1775957510995","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Animals, Environment and Nuisance Local Law 2017","content":"!2017114GG!\n2905\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, WEDNESDAY, 14 JUNE 2017 No. 114 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nSHIRE OF DONNYBROOK-\nBALINGUP\n_________\nLOCAL LAWS\nANIMALS, ENVIRONMENT\nAND NUISANCE LOCAL\nLAW 2017\nWASTE LOCAL LAW 2017\n\n\n\n14 June 2017 GOVERNMENT GAZETTE, WA 2907\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF DONNYBROOK-BALINGUP\nANIMALS, ENVIRONMENT AND NUISANCE\nLOCAL LAW 2017\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Application\n1.4 Repeal\n1.5 Interpretation\nPART 2—KEEPING OF ANIMALS\nDivision 1—Keeping of animals and birds\n2.1 Interpretation\n2.2 Cleanliness\n2.3 Disposal of Dead Animals\nDivision 2—Keeping of large animals\n2.4 Interpretation\n2.5 Conditions for keeping of an animal\nDivision 3—Keeping of poultry and pigeons\n2.6 Interpretation\n2.7 Limitation on numbers of poultry and pigeons\n2.8 Conditions for keeping poultry in limited numbers\n2.9 Roosters, geese, turkeys, peafowls, guinea fowls, emus and ostriches\n2.10 Pigeons or doves\n2.11 Restrictions on pigeons nesting or perching\nPART 3—BUILDING, DEVELOPMENT AND LAND CARE\nDivision 1—Litter and refuse on building sites\n3.1 Provision of refuse receptacles\n3.2 Control of refuse\n3.3 Unauthorised storage of materials\nDivision 2—Prevention of dust and liquid waste\n3.4 Prohibited activities\nDivision 3—Smoke\n3.5 Burning of cleared vegetation prohibited\nDivision 4—Unsightly land and disused materials\n3.6 Removal of refuse and disused materials\n3.7 Removal of unsightly overgrowth of vegetation\n3.8 Storage of vehicles and machinery\n3.9 Commercial wrecking of vehicles\n3.10 Disposing of disused refrigerators or similar containers\n\n2908 GOVERNMENT GAZETTE, WA 14 June 2017\nPART 4—NUISANCES AND DANGEROUS THINGS\nDivision 1—Light\n4.1 Use of exterior lights\n4.2 Emission or reflection of light\n4.3 Notice may require specified action to prevent emission or reflection of light\nDivision 2—Smoke, fumes, odours and other emissions\n4.4 Burning rubbish, refuse or other material\n4.5 Escape of smoke, fumes, odours and other emissions\nDivision 3—livestock carrying vehicles\n4.6 Livestock vehicles\n4.7 Truck noise from residential land\nDivision 4—Stormwater management\n4.8 Containment of stormwater\n4.9 Guttering and downpipes\n4.10 Containment and disposal of swimming pool and other wastewater\nDivision 5—Bird nuisance\n4.11 Restrictions on feeding of birds\nDivision 6—Bee keeping\n4.12 Interpretation\n4.13 Restrictions of keeping of bees in hives\nPART 5—OBJECTIONS AND APPEALS\n5.1 Objections and appeals\nPART 6—ENFORCEMENT\nDivision 1—Breach of Notice\n6.1 Notice of breach\n6.2 Form of Notice\nDivision 2—Offences and penalties\n6.3 Offences and Penalties\n6.4 Prescribed offences\n6.5 Form of infringement notices\nSCHEDULE 1—PRESCRIBED OFFENCES\n\n14 June 2017 GOVERNMENT GAZETTE, WA 2909\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF DONNYBROOK-BALINGUP\nANIMALS, ENVIRONMENT AND NUISANCE\nLOCAL LAW 2017\nUnder the powers conferred by the Health (Miscellaneous Provisions) Act 1911, the Local Government\nAct 1995 and under all other powers enabling it, the Council of the Shire of Donnybrook-Balingup\nresolved on 26 April 2017 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Shire of Donnybrook-Balingup Animals, Environment and\nNuisance Local Law 2017.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Repeal\nThe following local laws are repealed or amended—\n(a) The Shire of Donnybrook-Balingup Miscellaneous Provisions Local Law, published in the\nGovernment Gazette on 17 October 2000 is repealed;\n(b) The Shire of Donnybrook-Balingup Removal of Refuse, Rubbish and Disused Materials Local\nLaw 2001, published in the Government Gazette on 7 September 2001 is repealed; and\n(c) The Shire of Donnybrook-Balingup Health Local Laws 1999, published in the Government\nGazette on 14 March 2000 are amended as follows—\n1. Part 5, Division 1, clause 5.1.3 is repealed;\n2. Part 5, Division 1, clause 5.1.10 is repealed;\n3. Part 5, Division 2 is repealed;\n4. Part 5, Division 3 is repealed;\n5. Part 5, Division 4 is repealed;\n6. Part 5, Division 5 is repealed;\n7. Part 5, Division 6 is repealed; and\n8. Part 6, Division 7 is repealed.\n1.5 Interpretation\n(1) In this local law, unless the context specifies otherwise—\nAct means the Local Government Act 1995;\nauthorised person means a person appointed by the local government, under section 9.10 of the\nAct to perform any of the functions of an authorised person under this local law;\nbackwash water means pool water that has been pumped backwards through a pool filters\nmedia;\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 permit means a permit granted under section 20 of the Building Act 2011;\nbuilding site means any lot for which a building permit is current;\nCommercial wrecking means the activity of wrecking vehicles or machinery for the purpose of\nconducting a business by offering vehicles, machinery or parts thereof for purchase, trade,\nsale or gain;\n\n2910 GOVERNMENT GAZETTE, WA 14 June 2017\ndevelopment has the meaning given to it in the Planning and Development Act 2005;\ndevelopment site includes any lot or lots for which there is currently a development or\nsubdivision approval in place, and upon which construction work, earthworks, clearing of\nscrub, trees or overgrowth or any other site works are taking or have taken place pursuant to\nor in relation to that approval;\ndistrict means the district of the local government;\ndust means any visible granular or particulate material which has become airborne or has the\npotential to become airborne and includes organic and non-organic matter and sand, but does\nnot include smoke;\nland includes any building or structure on the land;\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 includes cattle, sheep, pigs, goats and horses;\nlivestock vehicle means a vehicle that contains livestock or previously has been used for the\ncarriage of livestock;\nlocal government means the Shire of Donnybrook-Balingup;\nlot has the meaning given to it by the Planning and Development Act 2005;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment by 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\naffected by the interference;\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;\nowner where used in relation to land, has the meaning given by the Local Government Act 1995;\npermit means a permit issued under this local law;\npigeon includes homing pigeons and other domesticated breeds of the species Columba livia, but\ndoes not include native pigeons or doves whether or not the keeping of such birds is subject to\nthe approval of the Department of Environment Regulation;\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;\nRegulations means the Local Government (Functions and General) Regulations 1996;\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;\nstormwater means any naturally occurring water that results from rainfall on or around a site,\nor water flowing onto the site;\nthoroughfare means any highway or thoroughfare which the public are entitled to use, including\nthe verge and other things including bridges and culverts appurtenant to it;\ntownsites 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 Act.\ntruck means a motor vehicle having a tare weight in excess of 3000 kilograms;\nvehicle means any motor vehicle, part of a motor vehicle in a state of disrepair or in the process\nof being wrecked whether licensed or not;\nwastewater in relation to pools and spas means water other than backwash water; and\nwreck includes the dismantling, breaking up, storage and disposal of vehicles.\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 duty\nshall be deemed to be imposed jointly and severally on each owner and occupier.\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.\n\n14 June 2017 GOVERNMENT GAZETTE, WA 2911\nPART 2—KEEPING OF ANIMALS\nDivision 1—Keeping of animals and birds\n2.1 Interpretation\nIn this division, unless the context otherwise requires—\nanimal includes cats, dogs, rabbits and ferrets or the like; and\nbird includes but is not limited to galahs, parrots, corellas, cockatoos and other Australian native\nbirds, budgerigars, finches, pigeons and doves or the like.\n2.2 Cleanliness\nAn owner or occupier of a premises, excluding an extensive farming premises, in or on which an\nanimal or bird is kept shall—\n(a) maintain the premises within which the animal is kept at all times in a clean condition, free\nfrom excrement, filth, food waste and all other matter.\n(b) ensure the keeping of the animal or bird does not cause a nuisance or is injurious, offensive or\ndangerous to health.\n2.3 Disposal of dead animals\n(1) The operators of commercial poultry farms, licensed piggeries and similar intensive animal or bird\nfarming shall not dispose of any dead animals or birds on their premises without written approval\nfrom the local government.\n(2) An owner and occupier of land on which there is a dead animal shall immediately dispose of the\ndead animal in such a manner as not to cause or be a nuisance to any person.\nDivision 2—Keeping of large animals\n2.4 Interpretation\nIn this Division, unless the context otherwise requires—\napproved animal includes a cow, horse or large animal the subject of an approval by the local\ngovernment;\ncow includes an ox, calf, or bull;\nhorse includes an ass, mule, donkey or pony; and\nlarge animal includes a pig, sheep, goat, deer, llama, alpaca or camel.\n2.5 Conditions for keeping of an animal\n(1) An owner or occupier of premises within a townsite shall not keep a horse, cow or large animal on\nthose premises without approval of the local government.\n(2) An owner or occupier of a premises who has an approved animal shall ensure-\n(a) the premises has an area of not less than 2000 square metres for the exclusive use of the\napproved animal; and\n(b) the approved animal does not approach within 30m of a dwelling.\nDivision 3—Keeping of poultry and pigeons\n2.6 Interpretation\nIn this Division, unless the context otherwise requires—\npoultry includes bantams, ducks and other domestic fowls.\n2.7 Limitation on numbers of poultry and pigeons\nSubject to clause 2.9, an owner or occupier of premises within a townsite shall not keep a combined\ntotal of more than 12 poultry and pigeons without the approval of the local government, on any one\nlot of land.\n2.8 Conditions for keeping poultry in limited numbers\nA person who keeps poultry or permits poultry to be kept shall ensure that—\n(a) they provide a properly constructed and securely fastened structure or coop;\n(b) all structures within which poultry are kept are maintained at all times in a clean condition;\n(c) the structure has an impervious floor to permit washing down;\n(d) subject to clause (a) poultry that have been released to free-range are otherwise confined to\nthe property; and\n(e) the poultry do not cause or be a nuisance to any person.\n2.9 Roosters, geese, turkeys, peafowls, guinea fowls, emu and ostrich\n(1) Except 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 or allow to be kept on that land a\nrooster; a goose or gander; a turkey; a peacock or peahen; a guinea fowl; an emu or an ostrich.\n(2) The local government may upon written application, grant approval with or without conditions to\nthe owner or occupier of premises to keep any one or more birds as specified.\n\n2912 GOVERNMENT GAZETTE, WA 14 June 2017\n(3) A person who has been granted approval under this section to keep a bird may keep the bird on\nthe premises only while he or she is the occupier thereof.\n(4) The local government may revoke an approval granted under this section if it is of the opinion that\nthe keeping of the birds specified in the approval is causing a nuisance or is injurious, offensive or\ndangerous to health.\n2.10 Pigeons or doves\nA person who keeps, or permits to be kept, pigeons or doves shall ensure that—\n(a) none is able to approach within 15 metres of a dwelling, public building or premises where\npeople are employed or where food is stored, prepared, manufactured or sold; and\n(b) except where registered homing pigeons are freed for exercise, the pigeons or doves are kept\nin a properly constructed pigeon loft or dove cote that is maintained in such a manner so as\nnot to cause a nuisance to any person.\n2.11 Restrictions on pigeon nesting or perching\n(1) The local government may issue a notice to an owner or occupier of a house, in or on which pigeons\nare in the habit of nesting or perching, to take reasonable steps to prevent them from continuing to do\nso.\n(2) Where a notice is issued under subclause (1), the requirements set out in the notice must be\ncomplied with within the period specified in the notice.\nPART 3—BUILDING, DEVELOPMENT AND LAND CARE\nDivision 1—Litter and refuse on building sites and development sites\n3.1 Provision of refuse receptacles\nThe owner or occupier of a building site or development site shall at all times provide and maintain\navailable for use on the site a refuse receptacle, to the satisfaction of an authorised person, and be of\nsuch 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—\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 thoroughfare verge, and any other reserve, immediately adjacent to the site free of\nrefuse generated or originating from the building site or development site; and\n(c) 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—\n(a) the site and the thoroughfare verge immediately adjacent to it is cleared of all refuse\ngenerated or originating from the building site or development site; and\n(b) that all refuse receptacles are permanently removed from the site.\n3.3 Unauthorised storage of materials\n(1) No construction materials shall be stored on a building site or development site without written\napproval of the local government.\n(2) Written approval must be obtained from the local government prior to any proposal to store\nconstruction material on any thoroughfare verge.\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, by means of wind, water\nor any other cause.\n(2) Where the local government forms the opinion that an owner or occupier has not complied with\nsubclause (1), the local government may serve on the owner and/or occupier of the land a notice\nrequiring the owner and or occupier to do one or more of the following—\n(a) comply with subclause (1)(a) or (1)(b);\n(b) clean up and properly dispose of any released or escaped dust or liquid waste;\n(c) clean up and make good any damage resulting from the released or escaped dust or liquid\nwaste; and\n(d) take reasonable steps to stop any further release or escape of dust or liquid waste.\n(3) Where a notice is issued under subclause (2), the requirements set out in the notice must be\ncomplied with in the period as is specified in the notice.\n\n14 June 2017 GOVERNMENT GAZETTE, WA 2913\n(4) Where the local government is of the opinion that dust or liquid waste may be released or escape\nas a result of an activity which is likely to be carried on from any land, the local government may give\nto the owner and or occupier a notice providing that the activity may only be carried on subject to\nconditions specified in the notice.\nDivision 3—Smoke\n3.5 Burning of cleared vegetation prohibited\nAn owner or occupier of any building site or development site shall ensure that no vegetation or other\nmaterial cleared from the site is burnt on the site unless authorisation in writing is given by the local\ngovernment.\nDivision 4—Unsightly land and disused materials\n3.6 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 any nature or kind which in the opinion of the local government or an authorised\nperson 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\nframe specified in the notice.\n3.7 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.\n3.8 Storage of vehicles and machinery\nThe owner or occupier of a lot shall not—\n(a) store any vehicle, part or body of a vehicle or machinery in a state of disrepair;\n(b) allow to remain on any land, a vehicle, part or body of a vehicle or machinery in a state of\ndisrepair;\n(c) wreck, dismantle or break up any vehicle, part or body of a vehicle or machinery; unless-\n(i) inside a building;\n(ii) or within an area enclosed by a fence or wall not less than 2 metres in height and of\nsuch a nature as to screen all vehicles, parts of bodies of vehicles or machinery from the\nstreet and from adjoining properties; or\n(d) wreck, dismantle or break up a vehicle so as to cause a nuisance.\n3.9 Commercial wrecking of vehicles\nAn owner or occupier of land in the district must not undertake, permit or suffer the commercial\nwrecking of vehicles on that land, without first having obtained written approval from the local\ngovernment.\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\notherwise rendering every door and lid incapable of being fastened; and\n(b) removing any refrigerants as per requirements of the Environmental Protection (Ozone\nProtection) Policy 2000.\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 at a level that interferes unreasonably with normal daily\nactivities; 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.\n\n2914 GOVERNMENT GAZETTE, WA 14 June 2017\n4.3 Notice may require specified action to prevent emission or reflection of light\n(1) Where—\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 that interferes unreasonably with normal daily activities; 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\nnecessary 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; or\n(c) any reflective surfaces be painted or otherwise treated so as to abate the nuisance;\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 on any land within a townsite, having an area of 2000 square metres or less, set\nfire to rubbish, refuse or other materials unless—\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(2) Subclause (1) shall not apply to any barbeque, solid fuel water heater, space heater or ovens fired\nwith dry paper, dry wood, synthetic char or charcoal type fuel.\n(3) Subclause (1) 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 not cause or permit the escape of smoke, fumes or\nodours from the land so as to cause or to be a nuisance to any person.\nDivision 3—Livestock carrying vehicles\n4.6 Livestock vehicles\n(1) A person shall not park a vehicle containing livestock in a townsite for a period in excess of 30\nminutes.\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(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 or adjacent to land which is zoned, approved or used\nfor residential purposes between the hours of 10.30 pm and 6.30 am on the following day without first\nobtaining the written consent of the local government.\nDivision 4—Stormwater management\n4.8 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, structure or any paved, sealed or other surfaced areas, including any vehicle\naccess ways on the lot, is contained and managed within the lot and is not permitted to discharge onto\nor run-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\nstormwater drain, by a method approved by the local government.\n(3) The owner or occupier of a lot shall ensure that all stormwater drainage systems on the lot are\nmaintained in a good state of repair and free from obstruction.\n\n14 June 2017 GOVERNMENT GAZETTE, WA 2915\n4.9 Guttering and downpipes\n(1) The owner or occupier of a lot shall ensure that each building or house on the lot is provided with\nadequate guttering and downpipes sufficient to receive, without overflow, all stormwater from the\nroof of the building or house.\n(2) The owner or occupier of a lot shall ensure that all guttering and downpipes to each building or\nhouse on the lot are maintained in a good state of repair and free from obstruction.\n4.10 Containment and disposal of swimming pool and other wastewater\n(1) The owner or occupier of a lot shall ensure that all wastewater and backwash water from\nswimming pool filtration systems or other water storage systems associated with a swimming pool\nshall be contained within, and disposed onto or into the lot on which the swimming pool is located.\nDivision 5—Bird nuisance\n4.11 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.\nDivision 6—Bee keeping\n4.12 Interpretation\nIn this Division, unless the context otherwise requires—\nbees means an insect belonging to any of the various hymenopterous insects of the super family\nApoidea and commonly known as a bee.\n4.13 Restrictions on keeping of bees in hives\n(1) A person shall not keep or permit the keeping of bees anywhere within the district unless written\napproval to do so has been given by the local government.\n(2) Where an authorised person forms the opinion that the approved bee hives are causing a nuisance,\nthe local government may serve the person a notice requiring the person to remove bees or approved\nbee hives to be removed.\n(3) A person shall comply with a notice within the time specified.\nPART 5—OBJECTIONS AND APPEALS\n5. Objections and appeals\nWhen the local government makes a decision under this local law as to whether it will—\n(a) grant a person a permit or authorisation;\n(b) vary or cancel a permit or authorisation; or\n(c) give a person a notice;\nthe provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations shall apply to\nthat decision.\nPART 6—ENFORCEMENT\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 a 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\nsubclause (1).\n6.2 Form of notices\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 sufficient\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.\n\n2916 GOVERNMENT GAZETTE, WA 14 June 2017\nDivision 2—Offences and penalties\n6.3 Offences and penalties\n(1) A person who—\n(a) fails to do anything required or directed to be done under this local law;\n(b) fails to comply with the requirements of a notice issued under this local law 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 is liable to a maximum penalty of $5000 and\na maximum daily penalty of $500 in respect of each day or part of a day during which the offence has\ncontinued.\nDivision 3—Infringement notices and modified penalties\n6.4 Prescribed offences\n(1) 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(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 1—\n(a) in the case of a first offence the modified penalty will be that prescribed in column 4 of\nSchedule 1; and\n(b) in the case of a subsequent offence the modified penalty will be that prescribed in column 5 of\nSchedule 1.\n6.5 Form of infringement notices\nFor the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to\nin section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;\n(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the Regulations; and\n(c) the form of the notice given under section 9.20 of the Act withdrawing an infringement notice\nis that of Form 3 in Schedule 1 of the Regulations.\n————\nSchedule 1\nPRESCRIBED OFFENCES\n[Clause 6.4]\nItem Clause Description of offence\nModified\npenalty—\nfirst offence\nModified\npenalty—\nsubsequent\noffence\n1. 2.2(a) Failure to maintain an animal or bird enclosure in a\nclean condition\n$250 $500\n2. 2.2(b) Keeping of an animal or bird so as to cause a\nnuisance\n$250 $500\n3. 2.3(1) Disposal of a dead animal on their premises $250 $500\n4. 2.3(2) Allowing a dead animal on their land to cause a\nnuisance\n$250 $500\n5. 2.5(1) Keeping a horse, cow or large animal within a\ntownsite without written approval\n$250 $500\n6. 2.5(2)(a) Failure to provide 2000 square metres of area for an\napproved animal\n$250 $500\n7. 2.5(2)(b) Failure to keep an approved animal more than 30\nmetres from a dwelling\n$250 $500\n8. 2.7 Keeping more than 12 poultry and pigeons within a\ntownsite\n$250 $500\n9. 2.8(a) Failure to provide a properly constructed and\nsecurely fastened poultry structure or coop\n$250 $500\n10. 2.8(b) Failure to maintain a poultry structure in a clean\ncondition\n$250 $500\n\n14 June 2017 GOVERNMENT GAZETTE, WA 2917\nItem Clause Description of offence\nModified\npenalty—\nfirst offence\nModified\npenalty—\nsubsequent\noffence\n11. 2.8(c) Failure to provide a structure with an impervious\nfloor graded to the front\n$250 $500\n12. 2.8(d) Failure to keep poultry confined to the property $250 $500\n13. 2.8(e) Keeping of poultry so as to cause a nuisance $250 $500\n14. 2.9(1) Keeping of a rooster, goose or gander, turkey,\npeacock or peahen, guinea fowl, emu or ostrich\nwithout written permission of local government\n$250 $500\n15. 2.10(a) Allowing pigeons to approach within 15 metres of a\ndwelling, public building or food business\n$250 $500\n16. 2.10(b) Failure to keep pigeons or doves in a properly\nconstructed loft or cote\n17. 2.11(2) Failure to comply with a notice issued by the local\ngovernment\n$250 $500\n18. 3.1 Failure to provide or maintain a refuse receptacle on\na building site or development site\n$250 $500\n19. 3.2(1)(a) Failure to contain refuse on a building site or\ndevelopment site in a refuse receptacle\n$250 $500\n20. 3.2(1)(b) Failure to keep the thoroughfare verge, or any other\nreserve adjacent to a building site or development\nsite free from refuse generated or originating from\nthe site\n$250 $500\n21. 3.2(1)(c) Failure to empty the refuse receptacle when full $250 $500\n22. 3.2(2)(a) Failure to clear the site, adjacent thoroughfare verge\nor reserve of refuse within 2 days of completion of\nworks on the site\n$250 $500\n23. 3.2(2)(b) Failure to ensure all refuse receptacles are removed\nfrom the site within 2 days of the completion of\nworks on the site\n$250 $500\n24. 3.3(1) Unauthorised storage of construction materials on a\nbuilding site or development site\n$250 $500\n25. 3.3(2) Unauthorised storage of construction materials on a\nthoroughfare verge\n$250 $500\n26. 3.4(3) Failure to comply with a notice issued by the local\ngovernment\n$250 $500\n27. 3.4(4) Failure to comply with a notice issued by the local\ngovernment\n$250 $500\n28. 3.5 Burning of vegetation or other material cleared from\na building site or development site\n$250 $500\n29. 3.6(2) Failure to comply with a notice issued by the local\ngovernment\n$250 $500\n30. 3.7(2) Failure to comply with a notice issued by the local\ngovernment\n$250 $500\n31. 3.8(a) Store on a lot a vehicle, part or body of a vehicle or\nmachinery in a state of disrepair\n$250 $500\n32. 3.8(b) Allow to remain on any land, a vehicle, part or body\nof a vehicle or machinery in a state of disrepair\n$250 $500\n33. 3.8(c)(i) Wreck, dismantle or break up any vehicle part or\nbody, vessel or machinery not inside a building\n$250 $500\n34. 3.8(c)(ii) Wreck, dismantle or break up any vehicle part or\nbody, vessel or machinery not behind a sufficient\nfence or wall\n$250 $500\n35. 3.8(d) Wreck, dismantle or break up a vehicle, vessel or\nmachinery so as to cause a nuisance\n$250 $500\n36. 3.9 Undertake or permit to undertake the commercial\nwrecking of vehicles\n$250 $500\n37. 3.10(a) Disposing of disused refrigerator or similar container\nwith door or lid that can be fastened\n$250 $500\n38. 3.10(b) Disposing of disused refrigerator or similar container\nwithout removing refrigerant\n$250 $500\n\n2918 GOVERNMENT GAZETTE, WA 14 June 2017\nItem Clause Description of offence\nModified\npenalty—\nfirst offence\nModified\npenalty—\nsubsequent\noffence\n39. 4.1 Failure to prevent floodlights or other exterior lights\nfrom shining directly onto any other premises\n$250 $500\n40. 4.2(a) Emitting or reflecting excessive artificial light that\ncreates or causes a nuisance\n$250 $500\n41. 4.2(b) Emitting or reflecting natural light that creates or\ncauses a nuisance\n$250 $500\n42. 4.3(2) Failure to comply with a notice issued by the local\ngovernment\n$250 $500\n43. 4.4(1) Setting fire to rubbish, refuse or other material on a\nlot having an area of 2000 square metres or less\nwithout the approval of the local government\n$250 $500\n44. 4.5 Cause or permit the escape of smoke, fumes, odour\nand other emissions so as to cause a nuisance\n$250 $500\n45. 4.6(1) Parking a livestock vehicle in a townsite in excess of\n30 minutes\n$250 $500\n46. 4.6(2) Parking a livestock vehicle so as to cause a nuisance $250 $500\n47. 4.7 Starting or driving a truck on residential land, or\nadjoining residential land, without consent\n$250 $500\n48. 4.8(1) Failure to ensure that all rainwater or stormwater\nreceived by a lot and any building, house or\nstructure on the lot, is contained within the lot\n$250 $500\n49. 4.9(1) Failure to have adequate guttering and downpipes\nsufficient to receive all stormwater\n$250 $500\n50. 4.9(2) Failure to maintain all guttering and downpipes in a\ngood state of repair and free from obstruction\n$250 $500\n51. 4.10(1) Failure to contain or dispose of swimming pool\nwastewater on the lot on which the swimming pool\nis located\n$250 $500\n52. 4.11(1)(a) Feeding a bird so as to cause a nuisance $250 $500\n53. 4.11(1)(b) Feeding a bird a food/substance that is not a natural\nfood\n$250 $500\n54. 4.13(1) Keeping bees or a bee hive without approval $250 $500\n55. 4.13(3) Failure to comply with a notice to remove bees or a\nbee hive\n$250 $500\nThis Local Law was made by the Shire of Donnybrook-Balingup at an Ordinary Meeting held on\n26 April 2017.\nDated: 29 May 2017.\nThe Common Seal of the Shire of Donnybrook-Balingup was affixed by authority of a resolution of the\nCouncil in the presence of—\nCr. ANGELO LOGIUDICE, President.\nBENJAMIN ROSE, Chief Executive Officer.\n———————————\n\n14 June 2017 GOVERNMENT GAZETTE, WA 2919\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF DONNYBROOK-BALINGUP\nWASTE LOCAL LAW 2017\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\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\n14 June 2017 GOVERNMENT GAZETTE, WA 2921\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF DONNYBROOK-BALINGUP\nWASTE LOCAL LAW 2017\nUnder the powers conferred on it by the Waste Avoidance and Resource Recovery Act 2007 and the\nLocal Government Act 1995 and under all other enabling powers, the Council of the Shire of\nDonnybrook-Balingup resolved on 26 April 2017 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Short title\nThis is the Shire of Donnybrook-Balingup Waste Local Law 2017.\n1.2 Commencement\nThis local law commences 14 days after the day on which it is published in the Government Gazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Repeal\nThis local law repeals Division 2 of Part 4 of the Shire of Donnybrook-Balingup Health Local Laws\n1999, as published in the Government Gazette on 14 March 2000.\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;\ncollection when used in relation to a receptacle, means the collection and removal of collectable\nwaste from the receptacle by the local government or its contractor;\ncollection day means the day determined by the local government for the collection of collectable\nwaste in the district or a part of the district;\ncollection time means the time on the collection day determined by the local government for the\ncollection of collectable waste in the district or a part of the district;\ncosts of the local government include administrative costs;\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;\nliquid refuse includes swimming pool discharges, washings from windows, vehicles and carpet\ncleaning, discharges from air conditioning equipment and other liquid used for cooling\npurposes;\nliquid waste includes bathroom, kitchen, scullery and laundry wastes, septic tank contents,\nwashings from animal or poultry pens and any other domestic or trade waste discharged by\nmeans of a drain into a receptacle for drainage;\nLG Act means the Local Government Act 1995;\nLG Regulations means the Local Government (Functions and General) Regulations 1996;\nlocal government means the Shire of Donnybrook-Balingup;\nlocal government waste has the same meaning as in the WARR Act;\nnon-collectable waste has the meaning set out in Schedule 1;\n\n2922 GOVERNMENT GAZETTE, WA 14 June 2017\noccupier in relation to premises, means any or all of the following—\n(a) a person by whom or on whose behalf the premises are actually occupied; or\n(b) a person having the management or control of the premises;\norganic waste means waste that decomposes readily, such as garden waste or food waste;\norganic waste receptacle means a receptacle for the deposit and collection of organic waste;\nowner has the same meaning as in the LG Act;\npublic place includes a place to which the public ordinarily have access, whether or not by\npayment of a fee;\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\ngovernment or 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\npolyethylene;\n(c) glass containers;\n(d) steel containers;\n(e) aluminium containers;\n(f) liquid paper board; and\n(g) any other waste determined by the local government to be recycling waste;\nspecified means specified by the local government or an authorised person, as the case may be;\nstreet alignment means the boundary between the land comprising a street and the land that\nabuts the street;\nWARR Act means the Waste Avoidance and Resource Recovery Act 2007;\nwaste has the same meaning as in the WARR Act;\nwaste facility means a waste facility, as defined in the WARR Act, that is operated by the local\ngovernment; and\nwaste service has the same meaning as in the WARR Act.\n(2) Where, in this local law, a duty or liability is imposed on an owner or occupier, or on an owner and\noccupier, the duty or liability is taken to be imposed jointly and severally on each of the owners or\noccupiers.\n1.6 Local public notice of determinations\nWhere, under this local law, the local government has a power to determine a matter—\n(a) local public notice, under section 1.7 of the LG Act, must be given of the matter determined;\n(b) the determination becomes effective only after local public notice has been given;\n(c) the determination remains in force for the period of one year after the date that local public\nnotice has been given under paragraph (a);\n(d) after the period referred to in paragraph (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 section 6.16 and 6.17 of the LG Act.\n1.8 Power to provide waste services\nThe local government’s power to provide, or enter into a contract for the provision of, waste services is\ndealt with in section 50 of the WARR Act.\nPART 2—LOCAL GOVERNMENT WASTE\n2.1 Supply of receptacles\n(1) The local government is to supply, for the use of each premises situated within the area covered by\nthe kerbside collection service, receptacles that are, or are capable of being, occupied or used for\nresidential purposes, one 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\n14 June 2017 GOVERNMENT GAZETTE, WA 2923\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, to ensure that, within a\nreasonable period before collection time, each receptacle is—\n(i) within 1 metre of the carriageway;\n(ii) so that it does not unduly obstruct any footpath, cycle way, right-of-way or carriageway;\nand\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.\n\n2924 GOVERNMENT GAZETTE, WA 14 June 2017\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.\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(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\n14 June 2017 GOVERNMENT GAZETTE, WA 2925\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(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\n2926 GOVERNMENT GAZETTE, WA 14 June 2017\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; and\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\nMEANING OF ‘NON-COLLECTABLE WASTE’\n[Clause 2.2(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\nPRESCRIBED OFFENCES\n[Clause 5.3]\nItem\nNo. Clause No. Description Modified\nPenalty\n1 2.1(2)(a) Failing to pay fee or charge $350\n2 2.1(2)(b) Failing to ensure lawful use of receptacle $350\n3 2.2(1) Depositing non-collectable waste in a receptacle $350\n4 2.2(2) Depositing waste in another receptacle without consent $350\n5 2.3(1) Exceeding weight capacity of a general waste receptacle $350\n6 2.3(2) and (3) Depositing unauthorised waste in a general waste\nreceptacle\n$350\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\nor removal of 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\nposition\n$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 3.1(a) Failing to provide a sufficient number of receptacles $250\n\n14 June 2017 GOVERNMENT GAZETTE, WA 2927\nItem\nNo. Clause No. Description Modified\nPenalty\n19 3.1(b) Failing to keep a receptacle in a good condition and repair $250\n20 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a\nreceptacle\n$350\n21 3.1(c)(ii) Failing to prevent the emission of offensive odours from a\nreceptacle\n$350\n22 3.1(c)(iii) Allowing a receptacle to cause a nuisance $250\n23 3.1(d) Failing to comply with a direction to clean, disinfect or\ndeodorise receptacle\n$300\n24 3.2(1) Unauthorised removal of waste from premises $250\n25 3.2(2) Removing waste from a receptacle without approval $250\n26 4.3(2) Failing to comply with a sign or direction $500\n27 4.3(4) Failing to comply with a direction to leave $500\n28 4.4(1) Disposing waste without payment of fee or charge $500\n29 4.5(1) Depositing waste contrary to sign or direction $500\n30 4.6(1)(a) Removing waste without authority $250\n31 4.6(1)(b) Depositing toxic, poisonous or hazardous waste $500\n32 4.6(1)(c) Lighting a fire $300\n33 4.6(1)(d) Removing or interfering with any flora $300\n34 4.6(1)(e) Interfering with any fauna without approval $300\n35 4.6(1)(f) Damaging, defacing or destroying any building,\nequipment, plant or property within a waste facility\n$500\n36 4.6(2) Acting in an abusive or threatening manner $300\nConsented to—\nDAN VOLARIC, Acting Director General,\nDepartment of Environment Regulation.\nDate: 16 March 2017.\n————\nThis Local Law was made by the Shire of Donnybrook-Balingup at an Ordinary Meeting held on 26\nApril 2017.\nDated: 29 May 2017.\nThe Common Seal of the Shire of Donnybrook Balingup was affixed by authority of a resolution of the\nCouncil in the presence of—\nCr ANGELO LOGIUDICE, President.\nBENJAMIN ROSE, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This appears to be the original 2017 version of these local laws, made under the Local Government Act 1995 and other enabling statutes. The legislation consolidates and repeals earlier local laws (Miscellaneous Provisions Local Law 2000, Removal of Refuse Local Law 2001, and amendments to Health Local Laws 1999) but does not show evidence of scope creep beyond the original intent of regulating animals, environmental nuisances, and waste management in the Shire."},"complexity_factors":["Two distinct local laws combined in one document (Animals/Environment/Nuisance and Waste), each with separate Parts, Divisions, and Schedules","Multiple interpretation clauses (1.5, 2.1, 2.4, 2.6, 4.12) with defined terms specific to different Parts/Divisions","Extensive cross-referencing to other legislation: Local Government Act 1995, Health (Miscellaneous Provisions) Act 1911, Waste Avoidance and Resource Recovery Act 2007, Planning and Development Act 2005, Building Act 2011, Bush Fires Act 1954, Environmental Protection legislation","Conditional logic with multiple exceptions and qualifications (e.g., clause 2.9 allowing certain birds only in rural zones or with approval; clause 4.4 with five separate conditions for burning; clause 4.6 creating a safe harbour for 30-minute parking)","55 prescribed offences in Schedule 1 of the Animals law and 36 in Schedule 2 of the Waste law, each with specific penalty amounts","Joint and several liability provisions imposing duties on both owners and occupiers (clause 1.5(3) of Animals law, clause 1.5(2) of Waste law)","Notice-based enforcement mechanisms requiring specific timeframes and procedural steps before penalties apply"],"plain_english_summary":"The Shire of Donnybrook‑Balingup adopted two local laws: one regulating animals, property upkeep and nuisances (animal limits, site cleanliness, weed/rubbish removal, stormwater containment, controls on lighting, burning, beekeeping etc.), and a Waste Local Law managing council waste services, bin use, and tip behaviour. Both affect residents, property owners, builders and businesses who use Shire services, and include enforcement powers with notices and fines (up to $5,000 and specified infringement penalties). These rules aim to protect health, the environment and neighbourhood amenity."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Replaces and repeals earlier local laws (see Animals 1.4; Waste 1.4) and consolidates animal, nuisance and waste regulation into two instruments. Introduces or clarifies permit requirements (e.g. bees, keeping large animals, commercial wrecking), formalises detailed waste‑service and receptacle rules, and specifies modernised enforcement and modified penalty schedules—broadening and systematising local regulatory scope compared with the prior separate local laws."},"complexity_factors":["Broad subject-matter scope: animals, building/development, environmental nuisances and waste services across two linked local laws (Animals/Environment/Nuisance Local Law; Waste Local Law).","Extensive defined‑term network and cross‑references to other Acts (e.g. Local Government Act 1995, WARR Act, Building Act 2011) (Animals 1.5; Waste 1.5).","Significant delegated discretion to the local government and authorised persons for permits, approvals and notices (Animals: 2.5(1), 2.9(2), 4.13(1); Waste: 2.6, 2.8).","Multiple enforcement routes and remedies: written notices with specified compliance periods, infringement/modified penalties, court penalties and cost recovery (Animals 6.1–6.5; Waste 5.1–5.3).","Detailed operational requirements that create technical compliance burdens (animal distances/area, poultry coop standards, receptacle weight limits and placement rules, stormwater containment) (Animals Part 2; Animals 2.8; Waste 2.3–2.7; Animals 4.8–4.10).","Numerous prescribed offences and schedules with tiered modified penalties increase administrative complexity for enforcement (Schedules of both instruments).","Joint and several duties on owners and occupiers (Animals 1.5(3); Waste 1.5(2)), raising allocation and compliance issues where premises have multiple parties."],"plain_english_summary":"Consolidates rules for animals, nuisances and waste across the Shire of Donnybrook‑Balingup. Sets standards and limits for animals, building‑site refuse, dust, smoke, unsightly land, stormwater, lighting and waste‑service/receptacle rules, and creates permitting, notice and penalty powers.\n\nAffects owners, occupiers, builders and waste users: they must get approvals, maintain premises and receptacles, and obey authorised persons. The local government decides approvals, issues notices and can impose fines and recover remediation costs."}},"importantCases":[],"_links":{"self":"/api/acts/donnybrook-balingup-shire-of-animals-environment-and-nuisance-local-law-2017","history":"/api/acts/donnybrook-balingup-shire-of-animals-environment-and-nuisance-local-law-2017/history","analysis":"/api/acts/donnybrook-balingup-shire-of-animals-environment-and-nuisance-local-law-2017/analysis","conflicts":"/api/acts/donnybrook-balingup-shire-of-animals-environment-and-nuisance-local-law-2017/conflicts","importantCases":"/api/acts/donnybrook-balingup-shire-of-animals-environment-and-nuisance-local-law-2017/important-cases","documents":"/api/acts/donnybrook-balingup-shire-of-animals-environment-and-nuisance-local-law-2017/documents"}}