{"id":"fly-eradication-regulations","name":"Fly Eradication Regulations","slug":"fly-eradication-regulations","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176675,"registerId":"wa-fly-eradication-regulations-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fly Eradication Regulations","content":"![Crest]()Western Australia\n\nHealth (Miscellaneous Provision) Act 1911\n\nFly Eradication Regulations\n\nWestern Australia\n\nFly Eradication Regulations\n\nContents\n\n1. Citation 1\n\n2. Flies prescribed under the Health (Miscellaneous Provisions) Act 1911 section 199(20) 1\n\n3. Application 1\n\n4. Waste food, etc. not to be left on premises unless covered or treated 1\n\n5. Authorised officer may give notice directing measures to be taken 2\n\n6. Local authority may execute work when person required to execute the work fails to do so 2\n\n7. Local authority may enter premises to execute work 2\n\n8. Offences and penalties 2\n\nSchedule\n\nNotes\n\nCompilation table 5\n\n  \n\nWestern Australia\n\nHealth (Miscellaneous Provision) Act 1911\n\nFly Eradication Regulations\n\n##### 1. Citation\n\nThese regulations may be cited as the *Fly Eradication Regulations*1.\n\n##### 2. Flies prescribed under the *Health (Miscellaneous Provisions) Act 1911* section 199(20)\n\nThe provisions of the *Health (Miscellaneous Provisions) Act 1911* section 199(20), as amended from time to time, shall apply to flies.\n\n[Regulation 2 amended: Gazette 10 Jan 2017 p. 253.]\n\n##### 3. Application\n\nThese regulations shall apply and have effect in the districts specified in the Schedule.\n\n##### 4. Waste food, etc. not to be left on premises unless covered or treated\n\nAn owner or occupier of any land or premises shall not place, throw or leave, or permit or cause to be placed, thrown or left, on the land or premises any waste food, manure, refuse, garbage, waste matter or other matter whatsoever, which is likely to attract or be a breeding place for flies, unless that waste food, manure, refuse, garbage, waste matter or other matter is covered, protected, treated or dealt with in such a manner as to effectively prevent it attracting or being a breeding place for flies.\n\n##### 5. Authorised officer may give notice directing measures to be taken\n\nWhere it appears to an authorised officer that flies are prevalent or are breeding on any land or premises, the authorised officer may give to the owner or occupier of the land or premises notice in writing directing him to take, within a time to be specified in the notice, such measures as in the opinion of the authorised officer are necessary to control the prevalence, effect eradication, and effectively prevent the breeding of flies.\n\n[Regulation 5 amended: Gazette 10 Jan 2017 p. 253.]\n\n##### 6. Local authority may execute work when person required to execute the work fails to do so\n\nWhere a person is required by these regulations, or by a notice given under the provisions of these regulations, to execute any work, and that person fails or neglects to comply with such regulations or with such notice, the local authority may execute that work, and may recover from that person the cost of executing that work, in addition to any penalty for which that person may be liable under these regulations.\n\n##### 7. Local authority may enter premises to execute work\n\nIt shall be lawful for the local authority or its officer to enter upon any land or premises and execute any work required by these regulations.\n\n##### 8. Offences and penalties\n\n(1) A person who —\n\n(a) contravenes regulation 4; or\n\n(b) fails to comply with a direction under regulation 5 within the time specified in the notice,\n\ncommits an offence and is liable to —\n\n(c) a penalty which is not more than $1 000 and not less than —\n\n(i) in the case of a first offence, $100;\n\n(ii) in the case of a second offence, $200; and\n\n(iii) in the case of a third or subsequent offence, $500;\n\nand\n\n(d) if that offence is a continuing offence, a daily penalty which is not more than $100 and not less than $50.\n\n[Regulation 8 inserted: Gazette 14 Oct 1988 p. 4160.]\n\nSchedule\n\n[Reg. 3]\n\nHealth Districts\n\nThe municipal districts of the following municipalities: —\n\nCities: Perth 2, Fremantle, Subiaco, Nedlands and South Perth.\n\nTowns: Albany, Boulder, Bunbury, Carnarvon, Claremont, Cottesloe, East Fremantle, Geraldton, Kalgoorlie, Midland, Narrogin, Northam, North Fremantle and York.\n\nShires: Albany, Armadale‑Kelmscott, Ashburton, Augusta‑Margaret River, Balingup, Bassendean, Bayswater, Belmont, Beverley, Sandstone, Bridgetown, Brookton, Broome, Broomehill, Bruce Rock, Busselton, Canning, Capel, Carnamah, Chapman Valley, Chittering, Cockburn, Collie, Coolgardie, Coorow, Corrigin, Cranbrook, Cuballing, Cue, Cunderdin, Dalwallinu, Dandaragan, Dardanup, Kalamunda, Denmark, Dowerin, Waroona, Dumbleyung, Dundas, Esperance, Gascoyne‑Minilya, Geraldton‑Greenough, Gingin, Gnowangerup, Goomalling, Gosnells, Greenbushes, Hall’s Creek, Harvey, Irwin, Kalgoorlie, Katanning, Kellerberrin, Kojonup, Kondinin, Koorda, Kulin, Trayning‑Kununoppin‑Yelbeni, Kwinana, Lake Grace, Laverton, Leonora, Mt. Marshall, Mt. Magnet, Mandurah, Manjimup, Marble Bar, Boddington, Meekatharra, Melville, Menzies, Merredin, Mingenew, Moora, Morawa, Mosman Park, Mukinbudin, Mullewa, Mundaring, Murchison, Murray, Nannup, Narembeen, Narrogin, Northam, Northampton, Nullagine, Nungarin, Nyabing‑Pingrup, Peppermint Grove, Perenjori, Perth, Ravensthorpe, Pingelly, Plantagenet, Port Hedland, Donnybrook, Quairading, Rockingham, Roebourne, Serpentine‑Jarrahdale, Shark Bay, Swan‑Guildford, Tableland, Tambellup, Tammin, Three Springs, Toodyay, Upper Blackwood, Upper Gascoyne, Victoria Plains, Wagin, Wandering, Wanneroo, West Arthur, West Kimberley, Westonia, Wickepin, Wiluna, Williams, Woodanilling, Wongan‑Ballidu, Wyalkatchem, Wyndham‑East Kimberley, Yalgoo, Yilgarn, York.\n\n[Schedule inserted: Gazette 10 Oct 1961 p. 2860; amended: Gazette 16 Mar 1967 p. 722.]\n\nNotes\n\n1 This is a compilation of the *Fly Eradication Regulations* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Fly Eradication Regulations* | 2 Mar 1961 p. 579‑80 | 2 Mar 1961 |\n|  | 10 Oct 1961 p. 2860 | 10 Oct 1961 |\n|  | 16 Mar 1967 p. 722 | 16 Mar 1967 |\n| *Health (Offences and Penalties) Amendment Regulations 1988* Pt. 5 | 14 Oct 1988 p. 4160-3 | 14 Oct 1988 |\n| **Reprint of the *Fly Eradication Regulations* as at 2 Nov 2001** (includes amendments listed above) | | |\n| *Health Regulations Amendment (Public Health) Regulations 2016* Pt.5 | 10 Jan 2017 p. 237‑308 | 24 Jan 2017 (see r. 2(b) and *Gazette* 10 Jan 2017 p. 165) |\n\n\n2 The former municipal district of the City of Perth has been divided into 4 local government districts, namely the City of Perth, and the towns of Vincent, Cambridge and Victoria Park (formerly Shepperton).\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument has been amended since its 1961 origin. Reg 2 was updated (noted 2017) to apply s.199(20) as amended, and the Schedule of districts was amended (1961, 1967) — changes recorded in the compilation table — which alters/clarifies the geographic scope of application (reg 2; reg 3 / Schedule; Compilation table)."},"complexity_factors":["Cross-reference to Health (Miscellaneous Provisions) Act 1911 s.199(20) means interpretation depends on amendments to that Act (reg 2).","Wide administrative discretion for an 'authorised officer' to decide what measures are 'necessary' to control or eradicate flies (reg 5).","Powers for local authorities to enter premises, execute work and recover costs create enforcement and procedural consequences (regs 6–7).","Graduated penalty scheme with minimums/maximums and daily penalties for continuing offences adds enforcement complexity (reg 8).","Large, detailed geographic Schedule defining application increases compliance tracking obligations for owners/occupiers and authorities (reg 3 / Schedule).","Standards written in outcome terms (e.g. 'effectively prevent' breeding) leave room for fact‑specific enforcement judgements (reg 4)."],"plain_english_summary":"Makes it an offence for owners or occupiers in the listed Western Australian districts to leave waste that attracts or breeds flies unless it is covered, treated or otherwise prevented from breeding (reg 4). Authorised officers can order specific control measures and local authorities may enter premises, carry out work and recover costs; breaches attract escalating fines and daily penalties (regs 5–8)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: fly control in populated areas through waste management. The 2017 amendments were minor technical updates to regulation references. The Schedule has been updated over decades to reflect municipal boundary changes, but this is administrative maintenance rather than scope expansion. The legislation has not grown beyond its original public health intent."},"complexity_factors":["Only 8 regulations total, with straightforward sequential structure","No defined terms section — terms like 'authorised officer' and 'local authority' rely on the parent Act (Health (Miscellaneous Provisions) Act 1911) for meaning","Minimal cross-referencing: only references to the parent Act section 199(20) and internal regulation numbers","Simple conditional logic: basic 'if X then Y' structure (e.g., if person fails to comply, council may execute work)","Single Schedule listing districts by municipal type (Cities, Towns, Shires) — essentially a lookup table","Penalty structure uses basic tiered system (first/second/subsequent offences) without nested conditions or exceptions","No exceptions to exceptions or complex deeming provisions","Language is dated but functional (e.g., 'shall not', 'it shall be lawful') without creating ambiguity"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations are designed to **control fly populations** in specific areas of Western Australia by targeting the conditions that allow flies to breed and multiply.\n\n**Who it affects:**\n\n- **Property owners and occupiers** in the listed districts (mostly Perth metro area, major regional towns, and surrounding shires)\n- **Local councils** (called \"local authorities\"), who enforce the rules\n- **Authorised officers** (health inspectors), who can issue directions to property owners\n\n**The key rules:**\n\n- **Don't leave fly food lying around:** You cannot leave waste food, manure, garbage, or other rotting matter uncovered on your property if it could attract flies or let them breed. You must cover it, treat it, or dispose of it properly.\n- **Council can order you to act:** If an authorised officer sees flies breeding on your property, they can give you a written notice ordering you to fix the problem within a set timeframe.\n- **Council can do the work itself:** If you ignore a notice or break the rules, the council can enter your property, fix the problem itself, and **bill you for the cost** — plus you still face fines.\n\n**Penalties:**\n\n- First offence: $100–$1,000\n- Second offence: $200–$1,000\n- Third or subsequent offence: $500–$1,000\n- If the problem continues day after day (a \"continuing offence\"): extra $50–$100 per day\n\n**Why it matters:**\n\nFlies spread disease. These regulations give local councils strong powers to force property owners to clean up waste and stop fly breeding, protecting public health in populated areas. The rules only apply to specific districts listed in the Schedule — mostly cities, towns, and shires with significant population centres."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"No scope assessment is possible. The submission contains no legislative text — only a website error message indicating the page for the Fly Eradication Regulations is no longer available. Original intent and any amendments cannot be evaluated."},"complexity_factors":["No legislative content was provided — only a website error/unavailability notice","Cannot assess regulatory complexity without access to the actual text","The document consists solely of a broken link notification and an Acknowledgement of Country"],"plain_english_summary":"## ⚠️ No Legislative Content Available\n\nThis document does **not contain any actual legislation**. The page you attempted to access — the *Fly Eradication Regulations* (Western Australian legislation) — is no longer available on the Western Australian legislation website.\n\nWhat you're seeing is an **error/redirect page** explaining that the link is broken due to system upgrades. The actual legal text of the Fly Eradication Regulations has not been provided.\n\n**What this means for you:** No meaningful legal analysis can be performed. If you need the actual Fly Eradication Regulations, you should:\n- Visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) and search directly\n- Contact the Parliamentary Counsel's Office Helpdesk as suggested on the page\n- Check with the Western Australian Department of Primary Industries and Regional Development"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/fly-eradication-regulations","history":"/api/acts/fly-eradication-regulations/history","analysis":"/api/acts/fly-eradication-regulations/analysis","conflicts":"/api/acts/fly-eradication-regulations/conflicts","importantCases":"/api/acts/fly-eradication-regulations/important-cases","documents":"/api/acts/fly-eradication-regulations/documents"}}