{"id":"wa-local:gingin-shire-of-health-local-law-2017","name":"Health Local Law 2017","slug":"gingin-shire-of-health-local-law-2017","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442402,"registerId":"wa-local:gingin-shire-of-health-local-law-2017-1775957419794","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"21","sectionType":"section","heading":"June 2017 GOVERNMENT GAZETTE, WA 3059","content":"21 June 2017 GOVERNMENT GAZETTE, WA 3059\nCONTENTS\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"PRELIMINARY","content":"PART 1—PRELIMINARY\n1.1 Title\n1.2 Commencement\n1.3 Application\n1.4 Repeal\n1.5 Interpretation\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"SANITATION","content":"PART 2—SANITATION\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Sanitary Conveniences","content":"Division 1—Sanitary Conveniences\n2.1 Interpretation\n2.2 Dwelling House\n2.3 Premises other than a Dwelling House\n2.4 Outdoor Events\n2.5 Toilets\n2.6 Temporary Works\n2.7 Maintenance of Sanitary Conveniences and Fittings\n2.8 Ventilation of Toilets\n2.9 Public Sanitary Conveniences\n2.10 Lighting\n2.11 Installation\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Bathrooms, Laundries and Kitchens","content":"Division 2—Bathrooms, Laundries and Kitchens\n2.12 Bathrooms\n2.13 Laundries\n2.14 Washing or keeping of clothes in kitchens\n2.15 Kitchens\n","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"HOUSING AND GENERAL","content":"PART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of dwelling houses\n3.1 Dwelling house maintenance\n3.2 Maintenance of guttering and downpipes and disposal of rainwater\nDivision 2—Ventilation of houses\n3.3 Exemption for short term hostels and recreational campsites\n3.4 Overcrowding\n3.5 Calculating sufficient space\n3.6 Ventilation\n3.7 Sub-floor ventilation\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Water Supply","content":"Division 3—Water Supply\n3.8 Water supply\n3.9 Rain water tanks\n3.10 Wells\n3.11 Pollution\n\n","sortOrder":6},{"sectionNumber":"3060","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3060 GOVERNMENT GAZETTE, WA 21 June 2017\n","sortOrder":7},{"sectionNumber":"Div 4","sectionType":"division","heading":"Secondhand furniture, bedding and clothing","content":"Division 4—Secondhand furniture, bedding and clothing\n3.12 Prohibition on sale\n3.13 Prohibition on possession\n","sortOrder":8},{"sectionNumber":"Div 5","sectionType":"division","heading":"Morgues","content":"Division 5—Morgues\n3.14 Requirement for licence\n3.15 Application for licence\n3.16 Decision on application for licence\n3.17 Inspection of morgues\n3.18 Cancellation of a licence\n","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"LIQUID REFUSE AND WASTE","content":"PART 4—LIQUID REFUSE AND WASTE\nDivision 1—Liquid refuse\n4.1 Interpretation\n4.2 Deposit of liquid refuse\n4.3 Disposal of liquid waste\nDivision 2—Transport of butchers’ waste\n4.4 Interpretation\n4.5 Restriction of vehicles\n4.6 Transport of butchers’ waste\n","sortOrder":10},{"sectionNumber":"Part 5","sectionType":"part","heading":"NUISANCES","content":"PART 5—NUISANCES\n5.1 Interpretation\n5.2 Footpaths etc, to be kept clean\n5.3 Escape of smoke etc.\n5.4 Public vehicles to be kept clean\n5.5 Prohibition against spitting\n5.6 Transportation, use and storage of offal, blood or other offensive material\n5.7 Use or storage of fertiliser\n5.8 Storage and dispatch of artificial fertiliser\n5.9 Storage of fertiliser in a dwelling house\n","sortOrder":11},{"sectionNumber":"Part 6","sectionType":"part","heading":"KEEPING ANIMALS","content":"PART 6—KEEPING ANIMALS\n6.1 Interpretation\n6.2 Cleanliness\n6.3 Vehicles used for transporting of animals and birds\nDivision 2—Limit on number of animals kept\n6.4 Limit on numbers\n6.5 Animal enclosures\n6.6 Slaughter of animals\n6.7 Disposal of dead animals\nDivision 3—Keeping of large animals\n6.8 Interpretation\n6.9 Conditions for keeping of an animal\n6.10 Stables\n6.11 Manure receptacle\nDivision 4—Keeping of poultry and pigeons\n6.12 Interpretation\n6.13 Limitation on numbers of poultry and pigeons\n6.14 Conditions for keeping poultry in limited numbers\n6.15 Roosters, geese, turkeys, peafowl and gamebirds\n6.16 Pigeons or doves\n6.17 Removal of non-conforming structure or enclosure\n6.18 Restrictions on pigeon nesting or perching\n6.19 Restrictions on feeding wild birds\nDivision 5—Feedlots\n6.20 Interpretation\n6.21 Premises to be approved\n6.22 Site conditions\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3061\n","sortOrder":12},{"sectionNumber":"Div 6","sectionType":"division","heading":"Piggeries","content":"Division 6—Piggeries\n6.23 Interpretation\n6.24 Premises to be approved\n6.25 Site conditions\n6.26 Prevention of nuisances\n","sortOrder":13},{"sectionNumber":"Part 7","sectionType":"part","heading":"PEST CONTROL","content":"PART 7—PEST CONTROL\nDivision 1—Flies\n7.1 Interpretation\n7.2 Fly breeding matter not to be left on premises unless covered or treated\n7.3 Measures to be taken by an occupier\n7.4 Officer may give notice directing measures to be taken\n7.5 Local government may execute work and recover costs\nDivision 2—Mosquitoes\n7.6 Interpretation\n7.7 Measures to be taken to prevent mosquitoes breeding\n7.8 Local government may execute work and recover costs\nDivision 3—Rodents\n7.9 Interpretation\n7.10 Measures to be taken to eradicate rodents\n7.11 Food and wastes to be kept in rodent proof receptacles\n7.12 Restrictions on the keeping of rodents\n7.13 Food premises etc., to be cleaned after use\n7.14 Restrictions on materials affording harbourage for rodents\nDivision 4—Cockroaches\n7.15 Interpretation\n7.16 Measures to be taken to eradicate cockroaches\nDivision 5—Argentine Ants\n7.17 Interpretation\n7.18 Measures to be taken to keep premises free from argentine ants\nDivision 6—European Wasps\n7.19 Interpretation\n7.20 Measures to be taken to keep premises free from european wasp nests\n","sortOrder":14},{"sectionNumber":"Div 7","sectionType":"division","heading":"Arthropod vectors of disease","content":"Division 7—Arthropod vectors of disease\n7.21 Interpretation\n7.22 Responsibility of the owner or occupier\n","sortOrder":15},{"sectionNumber":"Part 8","sectionType":"part","heading":"INFECTIOUS DISEASES","content":"PART 8—INFECTIOUS DISEASES\n8.1 Purpose of exercise of powers\n8.2 Requirements for an owner or occupier to clean, disinfect and disinfest\n8.3 Environmental Health Officer may disinfect or disinfest premises\n8.4 Insanitary dwelling houses, premises and things\n8.5 Authorised person may authorise disinfecting\n8.6 Persons in contact with an infectious disease sufferer\n8.7 Declaration of infected dwelling house or premises\n8.8 Destruction of infected animals\n8.9 Disposal of a body\n8.10 Local government may carry out work and recover costs\nDivision 2—Disposal of used condoms and needles\n8.11 Disposal of used condoms\n8.12 Disposal of used needles\n","sortOrder":16},{"sectionNumber":"Part 9","sectionType":"part","heading":"LODGING HOUSES","content":"PART 9—LODGING HOUSES\nDivision 1—Registration\n9.1 Interpretation\n9.2 Lodging house not to be kept unless registered\n9.3 Application for registration\n\n","sortOrder":17},{"sectionNumber":"3062","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3062 GOVERNMENT GAZETTE, WA 21 June 2017\n9.4 Approval of application\n9.5 Renewal of registration\n9.6 Notification upon sale or transfer\n9.7 Revocation of registration\nDivision 2—Construction and use requirements\n9.8 General construction requirements\n9.9 Kitchen\n9.10 Cooking facilities\n9.11 Dining room\n9.12 Lounge room\n9.13 Sanitary conveniences\n9.14 Laundry\n9.15 Fire prevention and control\n9.16 Obstruction of passages and stairways\n9.17 Fitting of locks\n9.18 Restriction on use of rooms for sleeping\n9.19 Sleeping accommodation, short term hostels and recreational campsites\n9.20 Furnishing etc. of sleeping apartments\n9.21 Ventilation\n9.22 Numbers to be placed on doors\nDivision 3—Management and care\n9.23 Keeper or manager to reside in the lodging house\n9.24 Register of lodgers\n9.25 Keeper report\n9.26 Certificate in respect of sleeping accommodation\n9.27 Duplicate keys and inspection\n9.28 Room occupancy\n9.29 Maintenance of a room by a lodger or resident\n9.30 Cleaning and maintenance requirements\n9.31 Responsibilities of lodgers and residents\n9.32 Approval for storage of food\nPART 10—OFFENSIVE TRADES\nDivision 1—General\n10.1 Interpretation\nDivision 2—Consent and registration\n10.2 Interpretation\n10.3 Consent to establish an offensive trade\n10.4 False statement\n10.5 Registration of premises\n10.6 Certificate of registration\n10.7 Change of occupier\n10.8 Alterations to premises\n10.9 Occupier includes employee\nDivision 3—General duties of an occupier\n10.9 Interpretation\n10.10 Cleanliness\n10.11 Rats and other vectors of disease\n10.12 Sanitary conveniences and hand wash basins\n10.13 Painting of walls etc.\n10.14 Effluvia, vapours, gases or dust\n10.15 Offensive material\n10.16 Storage of materials\n10.17 Specified offensive trades\n10.18 Directions by an Environmental Health Officer\n10.19 Other duties of occupier\nDivision 4—Fat rendering establishments\n10.20 Interpretation\n10.21 Exhaust ventilation\n10.22 Covering of apparatus\n10.23 Rendering of walls\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3063\nDivision 5—Fish premises\n10.24 Interpretation\n10.25 Fish preparation room\n10.26 Disposal of waste\n10.27 Fish containers\nDivision 6—Flock factories\n10.28 Interpretation\n10.29 New and used material\n10.30 Collection and removal of dust\n10.31 Unclean rags\n10.32 Bedding and upholstery\nDivision 7—Laundries, dry cleaning establishments and dye works\n10.33 Interpretation\n10.34 Receiving depot\n10.35 Reception room\n10.36 Walls and floors\n10.37 Laundry floor\n10.38 Escape of dust\n10.39 Precautions against combustion\n10.40 Trolleys\n10.41 Sleeping on premises\n","sortOrder":18},{"sectionNumber":"Part 11","sectionType":"part","heading":"OFFENCES AND PENALTIES","content":"PART 11—OFFENCES AND PENALTIES\n11.1 Offences\n11.2 Penalties\n11.3 Other enforcement actions\nSCHEDULE 1—REQUIRED BUFFER DISTANCES FOR FEEDLOTS\nSCHEDULE 2—REQUIRED BUFFER DISTANCES FOR PIGGERIES\nSCHEDULE 3—REQUIRED BUFFER DISTANCES FOR INTENSIVE PIGGERIES\nSCHEDULE 4—REQUIRED COOKING FACILITIES\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3065\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 18 April 2017 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Title\nThis local law may be cited as the Shire of Gingin Health Local Law 2017.\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\nThe Shire of Gingin Health Local Laws 2004 published in the Government Gazette on 28 June 2004\nare repealed.\n1.5 Interpretation\n(1) In this Local Law, unless the context otherwise requires—\nAct means the Health (Miscellaneous Provisions) Act 1911;\nadequate supply of water means a flow of water of not less than 0.076 litres per second;\napproved means approved by the local government;\nAS or AS/NZS means Australian Standard or Australian/New Zealand Standard published by\nStandards Australia;\nAS/NZS ISO 717.1:2004 means the standard published by Standards Australia as AS/NZS ISO\n717.1:2004 and called “Acoustics—Rating of sound insulation in buildings and of building\nelements—Airborne sound insulation”, as amended from time to time;\nAS 1530.2-1993 means the standard published by Standards Australia as AS 1530.2:1993 and\ncalled “Methods for fire tests on building materials, components and structures—Test for\nflammability of materials”, as amended from time to time;\nAS/NZS 1530.3:1999 means the standard published by Standards Australia as AS/NZS\n1530.3:1999 and called “Methods for fire tests on building materials, components and\nstructures—Simultaneous determination of ignitability, flame propagation, heat release and\nsmoke release”, as amended from time to time;\nAS 1668.2-2012 means the standard published by Standards Australia as AS1668.2-2012 and\ncalled “The use of mechanical ventilation and air-conditioning in buildings—ventilation\ndesign for indoor air contaminant control”, as amended from time to time;\nAS/NZS 3666.2:2011 means the standard published by Standards Australia as AS/NZS\n3666.2:2011 and called “Air handling and water systems of buildings—Microbial Control—\nOperation and maintenance”, as amended from time to time;\nauthorised person means a person appointed by the local government under section 9.10 of the\nLocal Government Act 1995 to perform any of the functions of an authorised person under this\nlocal law;\nBuilding Code means the latest edition of the Building Code of Australia published from time to\ntime by, or on behalf of, the Australian Building Codes Board, as amended from time to time,\nbut not including explanatory information published with that Code;\nCEO means the Chief Executive Officer of the local government;\ndistrict means—\n(a) the district of the local government under the Local Government Act 1995;\n\n","sortOrder":19},{"sectionNumber":"3066","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3066 GOVERNMENT GAZETTE, WA 21 June 2017\n(b) any area placed under the jurisdiction of the local government under section 22 of the\nAct; and\n(c) any river, harbour or other water deemed to be within the district of the local\ngovernment under section 25 of the Act;\ndwelling house means a place of residence or house containing at least 1 sleeping room and\nincludes a room or outbuilding separate from, but ancillary to, the building in which the\nsleeping room is located;\nemployee means an employee of the local government;\nEnvironmental Health Officer means an Environmental Health Officer appointed by the local\ngovernment under section 17 of the Public Health Act 2016;\nFood Standards Code means the Australia New Zealand Food Standards Code as defined in the\nFood Standards Australia New Zealand Act 1991;\nhabitable room means a room used for normal domestic activities, and—\n(a) includes a bedroom, living room, lounge room, music room, television room, kitchen,\ndining room, sewing room, study, play-room, family room and sun-room; but\n(b) excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, lobby,\nphotographic dark room, clothes-drying room, and other spaces of a specialised nature\noccupied neither frequently nor for extended periods;\nhot water means water at a temperature of at least 65 degrees Celsius;\nlocal government means the Shire of Gingin;\nlocal planning scheme means a local planning scheme of the local government made under the\nPlanning and Development Act 2005;\nmorgue means a place for the temporary reception and keeping of the bodies of the dead\nawaiting burial or cremation;\nnuisance has the meaning given to it in section 182 of the Act;\npublic place includes every place to which the public ordinarily have access, whether by\npayment of a fee or not;\nsanitary convenience includes urinals, water closets, earth-closets, privies, sinks, baths, wash\ntroughs, apparatus for the treatment of sewage, ash-pits, ash-tubs, or other receptacle for the\ndeposit of ashes, faecal matter, or refuse, and all similar conveniences;\nsewage means any kind of sewage, nightsoil, faecal matter or urine, and any waste composed\nwholly or in part of liquid;\nsewer includes sewers and drains of every description, except drains to which the word “drain” as\ndefined in the Act applies, also water channels constructed of stone, brick, concrete, or any\nother material, including the property of the local government;\nstreet includes any highway, any public bridge, and any road, lane, footway, square, court, alley\nor passage, whether a thoroughfare or not;\ntoilet means a water closet, earth closet, privy or urinal and includes a room or cubicle in which 1\nor more of these is located;\ntownsite means the townsites of Gingin, Guilderton, Lancelin, Ledge Point and Seabird which\nare—\n(a) constituted under section 26(2) of the Land Administration Act 1997; or\n(b) referred to in clause 37 of Schedule 9.3 of the Local Government Act 1995;\nvectors of disease includes fleas, flies, bedbugs, cockroaches, lice and any other insect prescribed\nby the local government;\nwater means drinking water within the meaning of the Australian Drinking Water Guidelines as\npublished by the National Health and Medical Research Council in 2011 and as amended\nfrom time to time; and\nwindow means a glass panel, roof light, glass brick, glass louvre, glazed sash, glazed door, or\nother device which transmits natural light directly from outside a building to the room\nconcerned when in the closed position.\n(2) Where in this local law a duty or liability is imposed on an owner or occupier, the duty or liability\nshall be deemed to be imposed jointly and severally on each of the owners or occupiers.\n(3) Where under this local law an act is required to be done or forbidden to be done in relation to any\npremises, the owner or occupier of those premises has, unless the contrary intention appears, the duty\nof causing to be done the act so required to be done, or of preventing from being done the act so\nforbidden to be done, as the case may be.\nPART 2—SANITATION\nDivision 1—Sanitary Conveniences\n2.1 Interpretation\nIn this Part, unless the context otherwise requires—\nevent includes a fair, function or festival;\norganiser means a person—\n(a) to whom approval has been granted by the local government to conduct the event; or\n(b) who is responsible for the conduct of the event;\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3067\npublic sanitary convenience means a sanitary convenience to which the public ordinarily have\naccess, whether by payment of a fee or not; and\ntemporary sanitary convenience means a sanitary convenience, temporarily placed for use\nby—\n(a) patrons in conjunction with an event; or\n(b) employees at construction sites or the like.\nurinal may be—\n(a) an individual stall or wall-hung urinal; or\n(b) each 600 millimetre length of a continuous urinal trough; or\n(c) a closet pan used in place of a urinal.\n2.2 Dwelling House\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless it has\nat least 1 toilet.\n(2) A room in which a toilet is located shall have adequate electrical lighting.\n2.3 Premises other than a Dwelling House\n(1) The owner of premises other than a dwelling house shall not use or occupy, or permit to be used or\noccupied, premises other than a dwelling house unless—\n(a) the premises have sanitary conveniences in accordance with the Building Code and this Part;\n(b) the toilets required by this clause are situated within 90m and are easily accessible to the\npersons for whom they are provided; and\n(c) the premises have hand wash basins—\n(i) in accordance with the Building Code;\n(ii) for the use of persons employed or engaged on the premises;\n(iii) provided with an adequate supply of water supplied by taps located over each hand\nwash basin;\n(iv) separate from any trough, sink or basin used in connection with any process carried out\non the premises; and\n(v) situated within a reasonable distance of the sanitary conveniences and easily accessible\nto the person for whom they are provided.\n(2) The occupier of premises other than a dwelling house shall ensure that—\n(a) clean toilet paper is available at all times in each cubicle;\n(b) a sanitary napkin disposal facility is provided in each toilet set aside for the use of females;\nand\n(c) each hand wash basin is provided with—\n(i) an adequate supply of soap or other hand cleaning substances; and\n(ii) hand drying facilities, situated adjacent to and visible from the hand wash basin.\n2.4 Outdoor Events\n(1) The organiser of an outdoor event shall provide sanitary conveniences in accordance with the\nDepartment of Health ‘Guidelines for public buildings and mass gatherings’.\n(2) Where, under subsection (1), the number of sanitary conveniences to be provided is not a whole\nnumber, that number shall be rounded up to the next higher whole number.\n(3) The local government may vary the requirements of subclause (1) upon the written request of the\norganiser.\n2.5 Toilets\n(1) Each toilet on the premises must be maintained in accordance with the following requirements—\n(a) the door to a toilet, other than an internal toilet, must be properly screened to a continuous\nheight of 1.8 metres from the floors;\n(b) a toilet or its entrance which is visible from overlooking windows must be properly screened;\n(c) the floor of any internal toilet must be—\n(i) of concrete, or of other approved impervious material of an approved thickness as\ndetermined by the local government; and\n(ii) graded to a floor waste outlet and proper discharge pipe with flap valve fitted and,\nwhere necessary, protected by an approved sump; and\n(d) the floor of any external toilet must be—\n(i) of concrete or of other approved impervious material of an approved thickness as\ndetermined by the local government; and\n(ii) graded to the door or alternatively an approved outlet.\n(2) Toilets on premises other than a dwelling house shall be maintained in accordance with the\nfollowing additional requirements—\n(a) toilet for the exclusive use of males shall not adjoin any toilet for the exclusive use of females\nunless the toilets are separated by a wall extending from floor to ceiling and have a Sound\nTransmission Class of not less than 50 as required by AS/NZS ISO 717.1:2004; and\n\n","sortOrder":20},{"sectionNumber":"3068","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3068 GOVERNMENT GAZETTE, WA 21 June 2017\n(b) where more than 1 toilet is provided on the premises, the entrance to each toilet shall bear a\nsuitable sign indicating for which sex its use is intended.\n2.6 Temporary Works\nA person who undertakes temporary work at any place must—\n(a) provide and maintain for the use of persons engaged, whether as employees or as\nindependent contractors or otherwise, temporary sanitary conveniences in accordance with\nthe Health (Temporary Sanitary Conveniences) Regulations 1997; and\n(b) remove the temporary sanitary conveniences at the conclusion of the work or at an earlier\ntime in accordance with a direction from an Environmental Health Officer and ensure the site\nis left clean.\n2.7 Maintenance of Sanitary Conveniences and Fittings\n(1) The occupier of premises shall—\n(a) keep clean, in good condition and repair; and\n(b) whenever required by an Environmental Health Officer, effectively disinfect and clean,\nall sanitary conveniences including sanitary fittings in or on the premises.\n(2) The owner of premises shall—\n(a) keep or cause to be kept in good repair; and\n(b) maintain an adequate supply of water to,\nall sanitary conveniences including sanitary fittings in or on the premises.\n2.8 Ventilation of Toilets\n(1) A toilet in any premises shall be ventilated in accordance with the Sewerage (Lighting, Ventilation\nand Construction) Regulations 1971 and the Building Code.\n(2) A mechanical ventilation system provided under subclause (1) must be maintained in good\nworking order and condition.\n2.9 Public Sanitary Conveniences\n(1) A person shall not—\n(a) foul;\n(b) damage or vandalise; or\n(c) write on or otherwise deface,\na public sanitary convenience or sanitary fixtures or fittings or the premises in or on which the\nsanitary convenience is located.\n(2) A person shall not live or sleep in or on the premises in which a public sanitary convenience is\nlocated or use it for a purpose other than that for which it was intended.\n2.10 Lighting\nThe owner and occupier of premises in which a sanitary convenience or a public sanitary convenience\nis located shall provide and maintain adequate electric lighting for persons using the convenience.\n2.11 Installation\n(1) Every sanitary convenience shall be installed in accordance with the requirements of the Water\nServices Act 2012, and shall have an adequate supply of water.\n(2) Each temporary sanitary convenience must be installed in accordance with the requirements of\nthe Health (Temporary Sanitary Conveniences) Regulations 1997.\n(3) Each toilet and plumbing fixture must be connected into the public sewer, unless otherwise\napproved by the local government.\nDivision 2—Bathrooms, Laundries and Kitchens\n2.12 Bathrooms\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nbathroom that—\n(a) is adequately lined with an impervious material and has a ceiling that complies with the\nrequirements of the Building Code;\n(b) complies with the Health Act (Laundries and Bathrooms) Regulations; and\n(c) is equipped with—\n(i) a hand wash basin; and\n(ii) either a shower in a shower recess or a bath.\n(2) All baths, showers, hand wash basins and similar fittings shall be provided with an adequate\nsupply of hot and cold water.\n(3) The floor of the bathroom must be properly surfaced, with an even fall to a floor waste, suitably\ntrapped and discharging to—\n(a) the sewer of a licensed water service operator; or\n(b) a proper discharge pipe with flap valve fitted and, where necessary, protected by an approved\nsump.\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3069\n2.13 Laundries\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nlaundry that—\n(a) is properly enclosed and roofed;\n(b) is adequately lined with an impervious material;\n(c) has a floor of concrete or other approved impervious material of an approved thickness as\ndetermined by the local government;\n(d) is properly surfaced, with an even fall to a floor waste, suitably trapped and discharging to—\n(i) the sewer of a licensed water service operator; or\n(ii) a proper discharge pipe with flap valve fitted and, where necessary, protected by an\napproved sump;\n(e) is not a room in which food is stored, prepared, served or consumed; and\n(f) is provided with adequate ventilation.\n(2) The laundry referred to in subclause (1) must conform to the provisions of the Building Code and\nthe Health Act (Laundries and Bathrooms) Regulations.\n2.14 Washing or keeping of clothes in kitchens\nA person must not in any kitchen or other place where food is kept—\n(a) wash or permit to be washed any clothing or bedding; or\n(b) keep or permit to be kept any soiled clothing or bedding.\n2.15 Kitchens\n(1) In this clause, a cooking facility includes a stove, oven, facility or appliance used for or in\nconnection with the cooking of food.\n(2) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nkitchen equipped with cooking facilities and a sink supplied with hot and cold water which are\nadequate in the opinion of an Environmental Health Officer.\n(3) The occupier of a dwelling house shall ensure that the cooking facilities and sink are kept clean, in\ngood order and repair and fit for use.\n(4) A cooking facility shall—\n(a) be installed in accordance with AS/NZS 3350.2:1999 and the Manufacturers’ Specifications;\nand\n(b) not be installed or used in any room other than a kitchen.\n(5) Where mechanical extraction is provided in a kitchen, the exhaust air must be—\n(a) carried to the outside air as directly as practicable; and\n(b) ducted throughout.\n(6) Mechanical ventilation shall be maintained in good working order and condition.\nPART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of Dwelling Houses\n3.1 Dwelling house maintenance\nThe owner or occupier of a dwelling house shall maintain the dwelling house and any appurtenant\nbuildings in sound condition and fit for use and, in particular, shall—\n(a) maintain all roofs, guttering and downpipes in sound weatherproof condition;\n(b) maintain any footings, foundations and walls, either external or internal, in a sound\ncondition;\n(c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material\nin any verandah, roof, walls, steps, handrails, floors or their supports with material of sound\nquality;\n(d) comply with the directions of an Environmental Health Officer to treat the premises for the\npurpose of destroying any termites;\n(e) maintain any brick, stone, mortar or cement work in a sound condition;\n(f) maintain, repair or replace any flashings or ant caps, which are missing or defective;\n(g) maintain all ventilators in good order and repair;\n(h) maintain all floors even and level in surface and free from cracks and gaps;\n(i) maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and\nfittings complete and with smooth unbroken surfaces;\n(j) maintain all doors and windows in good working order and weatherproof condition;\n(k) retain all natural lighting free from any obstruction which would reduce the natural lighting,\nbelow the ratio of 10% of the floor area;\n\n","sortOrder":21},{"sectionNumber":"3070","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3070 GOVERNMENT GAZETTE, WA 21 June 2017\n(l) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewerage so\nthat they comply in all respects with the provisions of the Country Areas Water Supply\nAct 1947, Water Services Act 2012 and any other legal requirements to which they are subject;\nand\n(m) maintain all electric wiring, gas services and fittings to comply in all respects with the\nrequirements of the energy provider.\n3.2 Maintenance of guttering and downpipes and disposal of rainwater\nThe owner or occupier of a house shall—\n(a) maintain all guttering, downpipes and drains on the premises in a good state of repair, clean\nand free from obstruction; and\n(b) not permit any rainwater from the premises to discharge onto or over a footpath, street, or\nother property, and ensure stormwater is disposed of directly into an appropriate water tank,\ndrain or soak well or directly onto a paved surface provided the surface has an adequate fall\naway from any building structure.\nDivision 2—Ventilation of houses\n3.3 Exemption for short term hostels and recreational campsites\nThis Division shall not apply to short term hostels and recreational campsites referred to in Part 9.\n3.4 Overcrowding\nThe owner or occupier of a house shall not permit—\n(a) a room in the house that is not a habitable room to be used for sleeping purposes; or\n(b) a habitable room in the house to be used for sleeping purposes unless—\n(i) for every person over the age of 10 years using the room there is at least 14 cubic\nmetres of air space per person; and\n(ii) for every person between the ages of 1 and 10 years there is at least 8 cubic metres of\nair space per person; or\n(c) any garage or shed to be used for sleeping purposes.\n3.5 Calculating sufficient space\nFor the purpose of clause 3.4, in calculating the space required for each person—\n(a) each room shall be considered separately and sufficient space shall be allowed in each room\nfor the number of persons present in the room at any 1 time; and\n(b) a deduction shall be made for the space occupied by furniture, fittings and projections of the\nwalls into a room.\n3.6 Ventilation\n(1) A person shall not use or occupy, or permit to be used or occupied, a house unless the house is\nproperly ventilated.\n(2) For the purpose of subclause (1) a house shall be deemed to be properly ventilated if it complies\nwith the Building Code, including the provision of—\n(a) natural ventilation; or\n(b) a mechanical ventilation or air-conditioning system complying with AS 1668.2-2012.\n(3) The owner of a house provided with a mechanical ventilation or air-conditioning system shall\nensure that the system is—\n(a) maintained in good working condition and in accordance with AS/NZS 3666.2:2011; and\n(b) in use at all times the house is occupied, if it is a house without approved natural ventilation.\n(4) If, in the opinion of the Environmental Health Officer, a house is not properly ventilated, the local\ngovernment may by notice require the owner of the house to—\n(a) provide a different, or additional method of ventilation; or\n(b) cease using the house until it is properly ventilated.\n(5) The owner shall comply with a notice under subclause (4).\n3.7 Sub-floor ventilation\nThe owner or occupier of a house shall make provision for sub-floor ventilation by ensuring that air\nbricks and other openings are kept clear of refuse, vegetation, building materials, dirt and the like.\nDivision 3—Water supply\n3.8 Water supply\n(1) The owner of a house shall ensure that it is connected with a separate and independent water\nsupply from the mains of a licensed water service operator or a water supply to the satisfaction of the\nlocal government.\n(2) The water supply shall at all times deliver an adequate supply of drinking water to each tap in the\nhouse, or on the site on which the house is located.\n(3) The water supply to toilets, or for garden use, may be from an alternative source, not necessarily\ndrinking water.\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3071\n3.9 Rain water tanks\nThe owner or occupier of a house for which part of the water supply is drawn from a rain water tank\nshall—\n(a) maintain in a clean condition—\n(i) the roof forming the catchment for the tank; and\n(ii) the guttering and downpipes appurtenant to the roof;\n(b) ensure that each rain water tank is fitted with a tight fitting mosquito proof cover which shall\nnot be removed at any time except for the purpose of cleaning, repairing or maintaining the\ntank;\n(c) annually clean any tank the water from which is used for human consumption; and\n(d) when directed by an Environmental Health Officer, empty, clean and disinfect any tank upon\nthe premises, the water from which is used for human consumption.\n3.10 Wells\nThe owner or occupier of any premises shall not use or permit for human consumption the use of the\nwater of any bore or well unless the bore or well is—\n(a) at least 30 metres from any soak well or other possible source of pollution unless otherwise\napproved by the Chief Health Officer; and\n(b) covered with a tight-fitting cover without openings of any sort other than those essential for\nthe insertion of a pump.\n3.11 Pollution\nA person shall not deposit on or under any land, any sewage, offensive matter or any other thing\nwhich may pollute or render unfit for human consumption, water from a well or other underground\nsource.\nDivision 4—Secondhand furniture, bedding and clothing\n3.12 Prohibition on sale\nA person shall not offer for sale or sell any secondhand furniture, bedding or clothing, which is filthy\nor infested with vectors of disease.\n3.13 Prohibition on possession\nA dealer in secondhand furniture, bedding or clothing shall not have on any premises used for the\noperation of the business any secondhand furniture, bedding or clothing which is filthy or infested\nwith vectors of disease.\nDivision 5—Morgues\n3.14 Requirement for licence\nA person other than the State, must not own or operate a morgue unless it is licensed by the local\ngovernment under this Division.\n3.15 Application for licence\n(1) A person who is required to obtain a licence under this Division must apply for the licence in\naccordance with subclause (2).\n(2) An application for a licence must be—\n(a) made in writing in the form approved by the local government; and\n(b) forwarded to the CEO together with—\n(i) the fee as fixed from time to time by resolution of the local government under section\n344C of the Act; and\n(ii) a floor plan and specifications of the morgue which must include the following details—\n(a) the use of each room;\n(b) the structural finish of each wall, floor and ceiling;\n(c) the position and type of each fitting and fixture; and\n(d) all ventilation inlets and outlets.\n(3) Before determining an application for a licence, the local government may require an applicant—\n(a) to provide additional information reasonably related to the application; and\n(b) to give local public notice of the application.\n(4) The local government may refuse to consider an application for a licence which is not in\naccordance with subclause (2) or where the requirements of subclause (3) have not been satisfied.\n3.16 Decision on application for licence\n(1) The local government may—\n(a) approve an application for a licence unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a licence.\n\n","sortOrder":22},{"sectionNumber":"3072","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3072 GOVERNMENT GAZETTE, WA 21 June 2017\n(2) A licence is not to be granted by the local government in respect of any premises unless—\n(a) provision has been made for the keeping of bodies of the dead at a temperature not exceeding\nzero degrees Celsius;\n(b) the walls are constructed of stone or brickwork or other material as approved by the local\ngovernment;\n(c) the interior surface of all walls is covered with glazed tiles or is rendered impervious so as to\nbe non-absorbent and washable;\n(d) all floors are constructed of some impervious material, having a fall to an outlet discharging\nover a trapped gully;\n(e) the premises are adequately ventilated by direct communication with the outside air; and\n(f) the premises comply with the zoning and development provisions of the local planning\nscheme.\n(3) If the local government approves an application for a licence, it is to issue to the applicant a\nCertificate of Licence in the form approved by the local government.\n(4) If the local government refuses to approve an application for a licence, it is to give written notice of\nthat refusal to the applicant.\n(5) The local government may, at any time, amend a condition of approval and the amended condition\ntakes effect when written notice of it is given to the licence holder.\n3.17 Inspection of morgues\nAn Environmental Health Officer may conduct an annual inspection of a morgue.\n3.18 Cancellation of a licence\n(1) Subject to subclause (3), the local government may, at any time, cancel the licence of a morgue for\nany reason which, in the opinion of the local government, justifies the cancellation.\n(2) Without limiting the generality of subclause (1), the local government may cancel a licence on\nany 1 or more of the following grounds—\n(a) that the morgue has not, to the satisfaction of the local government, been kept free from\nvectors of disease or in a clean, wholesome and sanitary condition;\n(b) that the owner or occupier of the morgue has—\n(i) been convicted of an offence against this local law, or any other written law, in respect\nof a morgue;\n(ii) not complied with a requirement of this Part; or\n(iii) not complied with a condition of the licence;\n(c) that the local government, having regard to a report from the Police Service, is satisfied that\nthe owner or occupier is not a fit and proper person; or\n(d) that, by reason of alterations or additions or neglect to repair and renovate, the condition of\nthe morgue is such as to render it, in the opinion of the local government, unfit to remain\nlicensed.\n(3) Before cancelling the licence for a morgue under this clause, the local government must give notice\nto the owner or occupier requiring him or her, within a time specified in the notice, to show cause why\nthe licence should not be cancelled.\n(4) If the local government cancels the licence for a morgue, it must give the owner or occupier notice\nof the cancellation and the licence is to be revoked as from the date on which the notice is served on\nthe owner or occupier.\nPART 4—LIQUID REFUSE AND WASTE\nDivision 1—Liquid refuse\n4.1 Interpretation\nIn this division, unless the context otherwise requires—\nliquid refuse includes swimming pool discharges, all washings from windows, vehicles and\ncarpet cleaning, overflow, bleed off, condensate and drainage from air conditioning equipment\nincluding cooling towers and evaporative coolers and other liquid used for cooling purposes;\nand\nliquid waste means bathroom, kitchen, scullery and laundry wastes, the contents of septic\ntanks, all washings from animal and poultry pens and any other domestic or trade wastes\nthat are discharged by means of a drain to a receptacle for drainage.\n4.2 Deposit of liquid refuse\nA person shall not deposit or cause or permit to be deposited liquid refuse or liquid waste—\n(a) on a street;\n(b) in a stormwater disposal system; or\n(c) on any land or place other than a place or depot duly authorised for that purpose.\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3073\n4.3 Disposal of liquid waste\n(1) The owner or occupier of premises shall—\n(a) provide, by 1 of the methods prescribed in this clause, for the disposal of all liquid waste\nproduced on the premises; and\n(b) at all times maintain in good working order and condition any apparatus used for the\ndisposal of liquid waste.\n(2) Liquid waste shall be disposed of by 1 of the following methods—\n(a) discharging it into the sewerage system of a licensed water service operator in a manner\napproved by the licensed water service operator;\n(b) discharging it into an apparatus for the treatment of sewage and disposal of effluent and\nliquid waste approved by the Chief Health Officer or the local government; and\n(c) collection and disposal at an approved liquid waste disposal site in a manner approved by the\nlocal government.\nDivision 2—Transport of butchers’ waste\n4.4 Interpretation\nIn this Division, unless the context otherwise requires, butchers’ waste includes animal skeletons\nand rib cages from a boning room and the inedible products of an abattoir.\n4.5 Restriction of vehicles\nA person shall not use, for the transport of butchers’ waste—\n(a) a vehicle or container not approved by the local government; or\n(b) a vehicle used for the transport of food or drugs; or\n(c) anything intended to be used for the packing or handling of food or drugs.\n4.6 Transport of butchers’ waste\n(1) A person shall not transport butchers’ waste other than in—\n(a) a compartment complying with the following specifications—\n(i) all internal surfaces to be constructed of an approved, smooth, impervious material not\nless than 910 millimetres high;\n(ii) all joints to be sealed and made watertight;\n(iii) the loading doors, if any, to be watertight and kept closed at all times except when\nloading; and\n(iv) the top to be completely covered by a tarpaulin or other impervious material approved\nby the local government, carried over, and secured to the outside of the walls at least\n300 millimetres from the top so as to keep the load out of sight of the public; or\n(b) a sealed container fitted with a lid, which can be tightly closed.\n(2) A person shall not transport any butchers’ waste in a vehicle unless the vehicle and its fittings,\nincluding the compartment or container referred to in this clause, are—\n(a) maintained in good order and condition; and\n(b) thoroughly cleaned at the conclusion of each day’s work.\n(3) A person shall not load, transport, or unload butchers’ waste in a manner that is or may be\noffensive due to—\n(a) the sight of animal skeletons, bones, offal or waste matter;\n(b) the odour of putrefaction, offal or waste matter; or\n(c) the presence of blood and particles of flesh or fat dropping onto the surface of the street\npavement or ground.\nPART 5—NUISANCES\n5.1 Interpretation\nfertiliser includes manure; and\npublic vehicle means a vehicle used by a public or private corporation that provides a service to\nthe public.\n5.2 Footpaths etc, to be kept clean\nAn owner or occupier of premises must keep any footpath, pavement, area or right of way\nimmediately adjacent to the premises clean and clear from refuse and other obstacles which—\n(a) are or have been in the possession or control of the owner or occupier; and\n(b) the owner or occupier has caused or allowed to be on the footpath, pavement, area or right of\nway.\n5.3 Escape of smoke etc.\nAn owner or occupier of premises shall take reasonable steps to not cause or permit the escape of\nsmoke, dust, fumes, offensive or foul odours, liquid waste or liquid refuse from the premises in such\nquantity or of such a nature as to cause or to be a nuisance.\n\n","sortOrder":23},{"sectionNumber":"3074","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3074 GOVERNMENT GAZETTE, WA 21 June 2017\n5.4 Public vehicles to be kept clean\nThe owner or person in control of a public vehicle shall—\n(a) maintain the vehicle at all times—\n(i) in a clean condition; and\n(ii) free from vectors of disease; and\n(b) whenever directed to do so by an Environmental Health Officer, thoroughly clean and\ndisinfect the vehicle as directed.\n5.5 Prohibition against spitting\nA person shall not spit on a footpath, street or public place.\n5.6 Transportation, use and storage of offal, blood or other offensive material\n(1) A person shall not transport or store offal or blood, for the purpose of being used as manure, unless\nit has been sterilised by steam and properly dried.\n(2) No person shall remove any offensive matter unless such offensive matter is carried in sealed\ncontainers to prevent the escape of any of the contents thereof, or the emission of any offensive odours\ntherefrom.\n(3) Every person using any sealed containers or vehicle in the removal of any offensive matter shall\nkeep such container or vehicle in a thoroughly clean condition and in good repair.\n5.7 Use or storage of fertiliser\nAn owner or occupier of premises shall not use or keep for the purpose of use as fertiliser, any—\n(a) pig manure, within 200m of townsite boundaries, or within townsites, unless it has been\neffectively treated to the satisfaction of the Environmental Health Officer;\n(b) human faeces; or\n(c) urine.\n5.8 Storage and dispatch of artificial fertiliser\nAn owner or occupier of premises where artificial fertiliser is stored in bulk for sale shall—\n(a) keep all artificial fertiliser in a building—\n(i) of which all internal surfaces are constructed of durable and non-absorbent materials\nfinished internally with a smooth surface;\n(ii) that protects it from the absorption of moisture; and\n(iii) that is adequately ventilated;\n(b) take adequate measures to prevent the emission of dust or offensive effluvia from the\nbuilding; and\n(c) ensure that all artificial fertiliser despatched from the premises is handled and loaded in\nsuch a manner as to prevent any nuisance arising during transit.\n5.9 Storage of fertiliser in a dwelling house\nThe owner or occupier of a dwelling house where fertiliser or compost is stored or used shall—\n(a) prevent the escape of odours, dust or particles of fertiliser or compost;\n(b) treat the fertiliser or compost in such a manner as to effectively prevent it attracting or being\na breeding place for flies or other vectors of disease; and\n(c) store only such amounts of fertiliser or compost—\n(i) as can be readily used within a reasonable period; or\n(ii) as may be directed by an Environmental Health Officer.\nPART 6—KEEPING ANIMALS\n6.1 Interpretation\nanimal includes cats, dogs, rabbits and ferrets or the like; and\nbird includes galahs, parrots, budgerigars, finches, pigeons and doves or the like.\n6.2 Cleanliness\nAn owner or occupier of premises, in or on which an animal or bird is kept shall—\n(a) keep the premises free from excrement, filth, food waste and all other matter which is or is\nlikely to become offensive or injurious to health or to attract rats or other vectors of disease;\n(b) dispose of excrement, filth, food waste or other matter in an approved manner;\n(c) when so directed by an Environmental Health Officer, clean and disinfect the premises;\n(d) keep the premises, so far as possible, free from flies or other vectors of disease by spraying\nwith a residual insecticide or other effective means; and\n(e) ensure the animal or bird kept is not causing a nuisance or is injurious, offensive or\ndangerous to health.\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3075\n6.3 Vehicles used for transporting of animals and birds\nUnless transporting a pet animal or bird, no person having the control or management of any vehicle\nin which animals or birds are being or have been transported or confined shall allow such vehicle to\nstand within a townsite until the vehicle has been thoroughly cleaned.\nDivision 2—Limit on number of animals kept\n6.4 Limit on numbers\nA person must not keep animals, or permit animals to remain on any property in such numbers that\nthey are, or are likely to be, a nuisance, injurious or dangerous to health.\n6.5 Animal enclosures\n(1) A person shall not keep or cause or permit to be kept any animals or birds on premises which are\nnot effectively drained.\n(2) The owner or occupier of premises where animals or birds are kept shall, when directed by the\nlocal government, pave, grade and drain the floors of all structures and the surface of the ground of\nall enclosures used for the keeping of animals or birds.\n(3) The owner or occupier of a premises where a rabbit is kept must ensure that each rabbit is kept in\na suitable enclosure that effectively prevents it from escaping.\n6.6 Slaughter of animals\n(1) Subject to subclause (2) a person shall not slaughter any animal within the district.\n(2) Subclause (1) does not apply to—\n(a) euthanasia of animals by veterinarians or other duly authorised persons;\n(b) slaughter of animals for the purposes of pet meat and game meat operations;\n(c) slaughter of animals for human consumption in abattoirs approved by the local government;\n(d) farming or grazing property occupiers preparing meat for their own consumption; and\n(e) slaughter of animals at a knackery approved and licensed by the local government.\n6.7 Disposal of dead animals\n(1) An owner or operator of a veterinary practice where dead animals are kept for more than 12 hours,\nshall refrigerate the carcass prior to its removal and disposal, at an approved disposal site.\n(2) An owner or occupier of premises, other than a veterinary practice, on which there is a dead\nanimal shall immediately remove the carcass for its disposal at an approved disposal site.\n(3) An owner, or a person having the care of, any animal that dies or is killed in a public or private\nplace shall immediately remove the carcass and arrange for its disposal at an approved disposal site.\n(4) The requirements of subclauses (2) and (3) shall not limit the practice of farmers, pastoralists and\nthe like of disposing of carcasses on rural land in a manner that is not likely to pollute or be\ndangerous or injurious to health.\nDivision 3—Keeping of large animals\n6.8 Interpretation\napproved animal includes a horse, cow or large animal the subject of an approval by the local\ngovernment under clause 6.9;\ncow includes an ox, calf, or bull;\nhorse includes an ass, mule, donkey or pony; and\nlarge animal includes a pig, sheep, goat, deer or camel, cow, horse, llama, emu, ostrich, alpaca,\nkangaroo or the like, including miniature species of the same animal.\n6.9 Conditions for keeping of an animal\n(1) An owner or occupier of premises within a townsite shall not keep—\n(a) any large animal, other than a sheep or goat;\n(b) more than 3 sheep; or\n(c) more than 3 goats,\non those premises without approval of the local government.\n(2) An owner or occupier of premises shall not keep within a townsite an approved large animal or\nspecified number of sheep or goats unless—\n(a) subject to subclause (4), the premises has an area of not less than 0.2 hectares of alienated\nland; and\n(b) the approved animal does not approach within 20 metres of a dwelling or place where food is\nstored, manufactured, processed, served or exposed for sale.\n(3) The owner or occupier wanting to keep more than the above number of animals, on a block of\nland 0.2 hectares or larger and within a townsite, can do so only by obtaining the written approval of\nthe local government. The approval will stipulate the maximum number of animals that may be kept.\nThe number of animals will be calculated using the following rate—\n(a) 4 large animals and 2 of their offspring up to the age of 12 months; or\n(b) 12 sheep or 12 goats per 0.2 hectares or part thereof.\n\n","sortOrder":24},{"sectionNumber":"3076","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3076 GOVERNMENT GAZETTE, WA 21 June 2017\n(4) The local government may approve the keeping of a large animal on a premises that has an area of\nless than 0.2 hectares within a townsite, subject to conditions as deemed appropriate by the local\ngovernment.\n6.10 Stables\n(1) The owner or occupier of premises within a townsite who has an approved animal shall provide for\nits use a stable, which shall not be situated within 20 metres of a dwelling house or other premises.\n(2) The owner or occupier of any premises on which a stable is located shall—\n(a) maintain the stable in a clean condition and when so directed by an Environmental Health\nOfficer, clean, wash and disinfect it;\n(b) keep all parts of the stable so far as possible, free from flies or other vectors of disease by\nspraying with a residual insecticide or other effective means; and\n(c) when so ordered by an Environmental Health Officer, spray the stable or such parts as may\nbe directed, with a residual insecticide.\n6.11 Manure receptacle\nAn owner or occupier of premises on which an approved animal is kept shall—\n(a) provide, in a position convenient to the stable, a receptacle for manure which is constructed of\nsmooth, impervious, durable, easily cleanable materials and provided with a tight-fitting\ncover, and with no part of the receptacle base being lower than the surface of the adjoining\nground;\n(b) keep the lid of the receptacle closed except when manure is being deposited or removed;\n(c) cause the receptacle to be emptied at least once a week and as often as may be necessary to\nprevent it becoming offensive or a breeding place for flies or other vectors of disease;\n(d) keep the receptacle so far as possible free from flies or other vectors of disease by spraying\nwith a residual insecticide or other effective means; and\n(e) cause all manure produced on the premises to be collected daily and placed in the receptacle\nor comply with such other arrangements as approved by an Environmental Health Officer.\nDivision 4—Keeping of poultry and pigeons\n6.12 Interpretation\nIn this Division, unless the context otherwise requires poultry includes bantams, ducks and other\ndomestic fowls.\n6.13 Limitation on numbers of poultry and pigeons\nAn owner or occupier of premises within a townsite shall not keep a combined total of more than 12\npoultry and pigeons, without the approval of the local government, on any 1 lot of land.\n6.14 Conditions for keeping poultry in limited numbers\nA person who keeps poultry or permits poultry to be kept shall ensure that—\n(a) no poultry is able to approach within 9 metres of a dwelling house, public building or\npremises where people are employed or where food is stored, prepared, manufactured or sold;\n(b) all poultry is kept in a properly constructed and securely fastened structure or enclosure;\n(c) the structure is in a yard having an otherwise unobstructed area of at least 30 square metres;\n(d) no poultry are able to approach within 9 metres of a street other than a right of way unless,\nin the case of land at the junction of 2 or more streets, the local government has approved a\nlesser distance;\n(e) no poultry is able to approach within 1.2 metres of any side or rear boundary of the premises;\nand\n(f) all enclosures or cages within which poultry are kept shall be maintained at all times in a\nclean condition and shall be disinfected or otherwise dealt with in a way as directed by an\nEnvironmental Health Officer.\n6.15 Roosters, geese, turkeys, peafowl and gamebirds\n(1) An occupier of premises within a townsite shall not, without the written approval of the local\ngovernment, keep or permit to be kept on those premises, any one or more of the following fowl—\n(a) a rooster;\n(b) a goose or gander;\n(c) a turkey;\n(d) a peacock or peahen; or\n(e) a gamebird (includes emus and ostriches).\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 1 or more birds as specified in subclause (1).\n(3) A person who has been granted approval under this clause to keep a bird may keep the bird on the\npremises only while he or she is the occupier thereof.\n(4) The local government may revoke an approval granted under this clause 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.\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3077\n6.16 Pigeons or doves\nA person who keeps, or permits to be kept, pigeons or doves shall ensure that—\n(a) none are able to approach within 9 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 dovecote that—\n(i) is in a yard having an otherwise unobstructed area of at least 30 square metres; and\n(ii) does not allow them to approach within 1.2 metres of any side or rear boundary of the\npremises; and\n(iii) is maintained in such a manner so as not to create a nuisance by the emission of dust,\neffluvia or odours.\n6.17 Removal of non-conforming structure or enclosure\n(1) If a structure or enclosure is used for the keeping of poultry, pigeons or doves contrary to the\nprovisions of clauses 6.14 and 6.16, the local government may direct the owner or occupier to remove\nit.\n(2) An owner or occupier shall comply with a direction from the local government under this clause.\n6.18 Restrictions on pigeon nesting or perching\n(1) A local government may order an owner or occupier of a premises in or on which pigeons are, or\nare in the habit of, nesting or perching to take reasonable steps to prevent them continuing to do so.\n(2) An owner or occupier shall comply with a local government order made under this clause.\n6.19 Restrictions on feeding wild birds\nA person must not feed a pigeon, dove, seagull, ibis, raven or other wild bird, so as to cause a nuisance\nor be injurious or dangerous to health.\nDivision 5—Feedlots\n6.20 Interpretation\nanimal includes sheep, lambs, goats, deer, cattle and buffalo;\nbirds includes roosters, hens, geese, turkeys, ducks, poultry, emus and ostriches; and\nfeedlot means a confined area with watering and feeding facilities where animals or birds are\nheld and fed for the purpose of weight gain.\n6.21 Premises to be approved\n(1) No premises shall be used as a feedlot unless approved by the local government.\n(2) Subject to subclause (3), no premises shall be approved as a feedlot by the local government unless\nevery portion of such feedlot complies with the minimum separation distances listed in Schedule 1.\n(3) Sites unable to satisfy the separation requirements may be approved at the discretion of the local\ngovernment, if the local government is satisfied that approving the feedlot will not give rise to a\nhealth nuisance.\n6.22 Site conditions\n(1) The owner or occupier of the approved feedlot must ensure the premises—\n(a) is sited on gently sloping land, no greater than 1:20 but not less than 1:100;\n(b) is sited on soils composed of sandy loam soils with sufficient infiltration to avoid surface\nponding and run-off;\n(c) has a minimum groundwater clearance of 3 metres;\n(d) drainage diverts all uncontaminated stormwater from the general waste stream; and\n(e) has solid and liquid waste disposal arrangements that are not offensive or injurious to health.\n(2) The owner or occupier of the approved feedlot must take reasonable measures to prevent the\ndischarge of dust which may involve—\n(a) reducing the stocking rate immediately to a level that does not cause the discharge of dust;\n(b) stabilisation of the soil surface to a level that does not cause the discharge of dust; or\n(c) provision of adequate windbreaks to effectively prevent the discharge of dust.\nDivision 6—Piggeries\n6.23 Interpretation\nintensive piggery means pigs are housed, fed and watered in breeding and growing pens in\nsheds; and\npiggery in relation to premises shall include any portion of premises to which the pigs have\naccess.\n\n","sortOrder":25},{"sectionNumber":"3078","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3078 GOVERNMENT GAZETTE, WA 21 June 2017\n6.24 Premises to be approved\n(1) No premises shall be used as a piggery unless approved by the local government.\n(2) Subject to subclause (3), no premises shall be approved as a piggery by the local government\nunless every portion of such piggery complies with the minimum separation distances listed in\nSchedule 2; or if it is an intensive piggery, the minimum separation distances listed in Schedule 3.\n(3) Sites unable to satisfy the separation requirements may be approved at the discretion of the local\ngovernment, if the local government is satisfied that approving the piggery will not give rise to a\nhealth nuisance.\n6.25 Site conditions\nThe owner or occupier of premises must take reasonable measures to prevent the discharge of dust\nwhich may involve—\n(a) reducing the stocking rate immediately to a level that does not cause the discharge of dust;\n(b) stabilisation of the soil surface to a level that does not cause the discharge of dust; or\n(c) provision of adequate windbreaks to effectively prevent the discharge of dust.\nPART 7—PEST CONTROL\nDivision 1—Flies\n7.1 Interpretation\nIn this Division, unless the context otherwise requires flies means any of the 2 winged insects\nconstituting the order Diptera commonly known as flies, excluding stable fly (Stomoxys calcitrans).\n7.2 Fly breeding matter not to be left on premises unless covered or treated\nAn owner or occupier of premises shall not place, throw or leave, or permit or cause to be placed,\nthrown or left in, on or about the premises any matter or thing which is liable to attract or be a\nbreeding place for flies, unless that matter or thing is covered, protected, treated or dealt with in such\na manner as to effectively prevent it from attracting or being a breeding place for flies.\n7.3 Measures to be taken by an occupier\nAn owner or occupier of premises shall ensure that—\n(a) rubbish receptacles are kept clean and tightly sealed at all times except when refuse is being\ndeposited or emptied;\n(b) food scraps and uneaten pet food are wrapped tightly and deposited in a rubbish receptacle\nwithout delay;\n(c) lawn clippings used on gardens as mulch are raked out thinly;\n(d) fertilisers are dug well into the soil;\n(e) compost heaps are kept well covered;\n(f) barbecues are kept clean and free from food scraps;\n(g) anything that is buried and may attract or be a breeding place for flies is covered with at\nleast 100 millimetres of soil; and\n(h) excrement from pets is collected and properly disposed of without delay.\n7.4 Officer may give notice directing measures to be taken\nWhere in the opinion of an Environmental Health Officer flies are prevalent or are breeding on any\npremises, the Environmental Health Officer may give to the owner or occupier of the premises notice\nin writing directing him or her to take, within the time specified in the notice, such measures as in\nthe opinion of the Environmental Health Officer are necessary to—\n(a) control the prevalence;\n(b) effect the eradication; or\n(c) effectively prevent the breeding;\nof flies.\n7.5 Local government may execute work and recover costs\n(a) a person is required under this Division or directed by a notice given under clause 7.4, to\nexecute any work; and\nthe local government may execute the work and may recover from that person the cost of executing\nthe work, in addition to any penalty for which that person may be liable under this local law.\n(2) The costs and expenses incurred by the local government in the execution of a power under\nsubclause (1), may be recovered in a court of competent jurisdiction from the person referred to in\n(3) The local government shall not be liable to pay compensation or damages of any kind to the person\nreferred to in subclause (1) in relation to any action taken by the local government under this clause,\nexcept to the extent the person has suffered loss or damage because the action taken by the local\ngovernment was negligent or in breach of its duty.\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3079\nDivision 2—Mosquitoes\n7.6 Interpretation\nIn this Division, unless the context otherwise requires mosquitoes means any of the 2 winged insects\nconstituting the family Diptera Culicidae commonly known as mosquitoes.\n7.7 Measures to be taken to prevent mosquitoes breeding\n(1) An owner or occupier of premises shall ensure that the premises are kept free from possible\nmosquito breeding sites and shall—\n(a) follow any direction or notice of an Environmental Health Officer for the purpose of—\n(i) controlling the prevalence of mosquitoes;\n(ii) eradication of mosquitoes; or\n(iii) effectively preventing the breeding of mosquitoes; and\n(b) assist an Environmental Health Officer to locate any possible mosquito breeding sites that\nmay be present in or about the premises.\n(2) An owner or occupier of any premises where water is kept in a horse trough, poultry drinking\nvessel or other receptacle shall—\n(a) frequently change the water; and\n(b) keep the water clean and free from vegetable matter and slime.\n(3) An owner or occupier of premises where a septic tank is installed shall ensure the fixture is in a\nsound condition at all times, and that mesh having openings no larger than 1.2 millimetres covers\nany educt vent to the system.\n(4) An owner or occupier of land shall cause all drains and channels in or on the land to be kept in\ngood order and free from obstruction.\n7.8 Local government may execute work and recover costs\n(a) a person is required under this Division or directed by a notice given under clause 7.7 to\nexecute any work; and\nthe local government may execute the work, and recover from that person the cost of executing the\nwork, in addition to any penalty for which that person may be liable under this local law.\n(2) The costs and expenses incurred by the local government in the execution of a power under\nsubclause (1) may be recovered in a court of competent jurisdiction from that person.\n(3) The local government is not liable to pay compensation or damages of any kind to the person\nreferred to in subclause (1) in relation to any action taken by the local government under this clause,\nother than compensation or damages for loss or damage suffered because the local government acted\nnegligently or in breach of duty.\nDivision 3—Rodents\n7.9 Interpretation\nIn this Division, unless the context otherwise requires rodents means those animals belonging to the\norder Rodentia and includes rats, mice and rabbits but does not include animals kept as pets in an\nenclosure designed for the purpose of keeping as pet animals of that kind.\n7.10 Measures to be taken to eradicate rodents\n(1) An owner or occupier of premises shall at all times take reasonable measures to eradicate any\nrodents in or on the premises.\n(2) An owner or occupier of premises, whenever there are indications of the presence of rodents in, on\nor about the premises, and while such indications continue, must—\n(a) take reasonable measures to keep the premises free from rodents including—\n(i) protecting stored foodstuffs;\n(ii) removing accumulated refuse or a potential rodent food source;\n(iii) using a rodenticide bait or a properly baited trap if found to be effective; and\n(iv) minimising rodent access to water on the premises;\n(b) inspect daily each rodenticide bait or trap used and, whenever a rodent is found, must—\n(i) if it is not already dead, kill it immediately; and\n(ii) dispose of the carcass in such a manner as will not create a nuisance; and\n(c) take reasonable measures for the eradication of rodents.\n(2) An owner or occupier shall within the time specified comply with any direction given by an\n7.11 Food and wastes to be kept in rodent proof receptacles\nNo person shall store, or allow to be stored, on any premises, any food, refuse or other waste matter\nunless it is contained in a rodent proof receptacle or a compartment which is kept effectively protected\nagainst access by rodents.\n\n","sortOrder":26},{"sectionNumber":"3080","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3080 GOVERNMENT GAZETTE, WA 21 June 2017\n7.12 Restrictions on the keeping of rodents\nA person or body who keeps rodents shall—\n(a) at all times ensure that all live rodents are kept in the effective control of a person or in\nlocked cages; and\n(b) if a rodent escapes, forthwith take all reasonable steps to recapture or destroy the rodent.\n7.13 Food premises etc., to be cleaned after use\nAn owner or occupier of a food premises, theatre or place of entertainment, whether indoor or outdoor,\nshall cause the premises to be cleaned immediately after the last occasion on which the premises has\nbeen used on that day or, if the use extends after midnight, then immediately after that use.\n7.14 Restrictions on materials affording harbourage for rodents\n(1) An owner or occupier of premises must cause—\n(a) any part of the premises; or\n(b) any material, sewer, pipe or other thing in or on the premises,\nthat might afford access or harbourage to rodents to be altered, repaired, protected, removed or\notherwise dealt with so as to prevent it being used as access for, or harbourage of, rodents.\n(2) An Environmental Health Officer may direct, orally or in writing, an owner or occupier of premises\nto take whatever action that, in the opinion of the Environmental Health Officer, is necessary or\ndesirable to prevent or deter the presence of rodents in or on the premises.\n(3) An owner or occupier must, within the time specified, comply with a direction given by an\nDivision 4—Cockroaches\n7.15 Interpretation\nIn this Division, unless the context otherwise requires cockroach means any of the various\northopterous insects commonly known as cockroaches.\n7.16 Measures to be taken to eradicate cockroaches\n(1) An owner or occupier of premises shall take reasonable measures to eradicate any cockroaches in\nor on the premises.\n(2) An Environmental Health Officer may direct, orally or in writing, an owner or occupier of premises\nto take whatever action that, in the opinion of the Environmental Health Officer, is necessary or\ndesirable to prevent or deter the presence of cockroaches in or on the premises.\n(3) An owner or occupier shall within the time specified comply with any direction given by an\nDivision 5—Argentine Ants\n7.17 Interpretation\nIn this Division, unless the context otherwise requires Argentine Ant means an ant belonging to the\nspecies Limepithema humile (formerly Iridomyrmex humilis) and commonly known as an Argentine\nAnt.\n7.18 Measures to be taken to keep premises free from Argentine Ants\nAn owner or occupier of premises shall ensure that the premises are kept free from Argentine Ant\ncolonies and shall—\n(a) take all steps to locate any nests, if Argentine Ants are noticed in, on or about the premises;\n(b) properly treat all nests of Argentine Ants with an approved residual based insecticide; and\n(c) whenever required by an Environmental Health Officer—\n(i) treat any area or infestation with an insecticide referred to in subclause (b); and\n(ii) remove any objects, including timber, firewood, compost or pot plants in accordance\nwith a direction from the Environmental Health Officer.\nDivision 6—European Wasps\n7.19 Interpretation\nIn this Division, unless the context otherwise requires European Wasp means a wasp belonging to\nthe species Vespula germanica and commonly known as a European Wasp.\n7.20 Measures to be taken to keep premises free from European Wasp nests\nAn owner or occupier of premises shall ensure that the premises are kept free from European Wasp\nnests and shall—\n(a) follow any direction of an Environmental Health Officer for the purpose of destroying the\nwasps and their nest; and\n(b) assist an Environmental Health Officer to trace any nest that may be present in, on or about\nthe premises.\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3081\nDivision 7—Arthropod vectors of disease\n7.21 Interpretation\narthropod vectors of disease includes—\n(a) fleas (Siphonaptera);\n(b) bedbugs (Cimex lectularius);\n(c) crab lice (Phthirus pubis);\n(d) body lice (Pediculus humanus var. corporis); and\n(e) head lice (Pediculus humanus var. capitis).\n7.22 Responsibility of the owner or occupier\nThe owner or occupier of premises shall—\n(a) keep the premises and any person residing in or on the premises free from any arthropod\nvectors of disease; and\n(b) comply with the direction of an Environmental Health Officer to treat the premises, or\nanything on the premises, for the purpose of destroying any arthropod vectors of disease.\nPART 8—INFECTIOUS DISEASES\n8.1 Purpose of exercise of powers\nThe powers under this Part are to be exercised for the purpose of preventing or controlling the spread\nof an infectious disease.\n8.2 Requirements for an owner or occupier to clean, disinfect and disinfest\n(1) The local government or an Environmental Health Officer may, by notice in writing, direct an\nowner or occupier of premises, within the time and in the manner specified in the notice, to clean,\ndisinfect and disinfest—\n(a) the premises; or\n(b) such things in or on the premises as are specified in the notice,\nor both, to the satisfaction of an Environmental Health Officer.\n(2) An owner or occupier shall comply with a notice given under subclause (1).\n8.3 Environmental Health Officer may disinfect or disinfest premises\n(1) Where the local government or an authorised person is satisfied that any case of infectious disease\nhas occurred on any premises, the local government or the authorised person may direct an\nEnvironmental Health Officer, other local government officer or other person to disinfect and disinfest\nthe premises or any part of the premises and anything in or on the premises.\n(2) An owner or occupier of premises shall permit, and provide access to enable, an Environmental\nHealth Officer, other local government officer or other person to carry out the direction given under\n(3) The local government may recover, in a court of competent jurisdiction, the cost of carrying out the\nwork under this clause from the owner or occupier of the premises in or on which the work was\ncarried out.\n(4) The local government shall not be liable to pay compensation or damages of any kind to the owner\nor occupier of premises in relation to any action taken by the local government or any of its staff or\nemployees under this clause, except to the extent the person has suffered loss or damage because the\naction taken by the local government or any of its staff or employees was negligent or in breach of\nduty.\n8.4 Insanitary dwelling houses, premises and things\n(1) An owner or occupier of any dwelling house or premises must maintain the dwelling house or\npremises free from any insanitary condition or thing.\n(2) If an Environmental Health Officer considers that a dwelling house, premises or thing is\ninsanitary, he or she may, by notice in writing—\n(a) direct an owner of the dwelling house, premises or thing, within the time and in the manner\nspecified in the notice, to demolish or otherwise destroy the dwelling house, premises or\nthing; or\n(b) direct an owner or occupier of the dwelling house, premises or thing, within the time and in\nthe manner specified in the notice, to amend, clean or secure the dwelling house, premises or\nthing.\n(3) A person to whom a notice has been given under subclause (2) shall comply with the terms of the\nnotice.\n8.5 Authorised person may authorise disinfecting\n(1) Where an authorised person believes that a person is or may be infected by an infectious disease,\nthe authorised person may direct the person to have his or her body, clothing and effects disinfected\nat a place and in a manner directed by the authorised person.\n(2) A person shall comply with any direction of an authorised person under this clause.\n\n","sortOrder":27},{"sectionNumber":"3082","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3082 GOVERNMENT GAZETTE, WA 21 June 2017\n8.6 Persons in contact with an infectious disease sufferer\nIf a person in any dwelling house is, or is suspected of, suffering from an infectious disease, any\noccupant of the dwelling house or any person who enters or leaves the dwelling house—\n(a) shall obey such instructions or directions as the local government or an authorised person\nmay issue; and\n(b) may be removed, at the direction of the local government or an authorised person, to isolation\nin an appropriate place to prevent or minimise the risk of the infection spreading, and if so\nremoved, shall remain in that place until the authorised person otherwise directs.\n8.7 Declaration of infected dwelling house or premises\n(1) To prevent or check the spread of infectious disease, the local government or an authorised person\nmay from time to time declare any dwelling house or premises to be infected.\n(2) A person shall not enter or leave any dwelling house or premises declared to be infected without\nthe written consent of an authorised person or an Environmental Health Officer.\n8.8 Destruction of infected animals\n(1) An Environmental Health Officer, upon being satisfied that an animal is or may be infected or is\nliable to be infected or to convey infection may, by notice in writing, direct that the animal be\nexamined by a registered veterinary officer and all reasonable steps be taken to enable the condition\nto be controlled or eradicated or the animal destroyed and disposed of—\n(a) in the manner and within the time specified in the notice; and\n(b) by the person in whose possession, or upon whose premises, the animal is located.\n(2) A person who has in his or her possession or upon premises occupied by him or her, an animal that\nis the subject of a notice under subclause (1) shall comply with the terms of the notice.\n8.9 Disposal of a body\n(1) An occupier of premises in or on which is located the body of a person who has died of an infectious\ndisease shall, subject to subclause (2), cause the body to be buried or disposed of in such manner,\nwithin such time and with such precautions as may be directed by an authorised person.\n(2) A body shall not be removed from premises where death occurred except to a cemetery or morgue.\n8.10 Local government may carry out work and recover costs\n(a) a person is required under this Division or by a notice given under this Division, to carry out\nany work; and\nthat person commits an offence and the local government may carry out the work or arrange for the\nwork to be carried out by another.\n(2) The costs and expenses incurred by the local government in the execution of a power under this\nclause may be recovered in a court of competent jurisdiction from the person referred to in\nsubclause (1)(a).\n(3) The local government shall not be liable to pay compensation or damages of any kind to the person\nreferred to in subclause (1)(a) in relation to any action taken by the local government under this\nclause, except to the extent the person has suffered loss or damage because the action taken by the\nlocal government was negligent or in breach of its duty.\nDivision 2—Disposal of used condoms and needles\n8.11 Disposal of used condoms\n(1) An occupier of premises on or from which used condoms are produced shall ensure that the\ncondoms are—\n(a) placed in a sealed impervious container and disposed of in a sanitary manner; or\n(b) disposed of in such a manner as may be directed by the local government.\n(2) A person shall not dispose of a used condom in a public place except in accordance with\n8.12 Disposal of used needles\nA person shall not dispose of a used hypodermic syringe or needle in a public place unless it is placed\nin an impenetrable, leak-proof container deposited in a refuse receptacle.\nPART 9—LODGING-HOUSES\nDivision 1—Registration\n9.1 Interpretation\n(1) In this Part, unless the context otherwise requires—\nbed means a single sleeping berth only. A double bed provided for the use of couples, shall have\nthe same floor space requirements as 2 single beds;\nbunk means a sleeping berth comprising 1 of 2 beds arranged vertically;\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3083\ncertificate of registration means a certificate of registration of a lodging-house issued under\nclause 9.4;\ndormitory means a building or room utilised for sleeping purposes at a short term hostel or\nrecreational campsite;\nkeeper means a person whose name appears on the register of keepers, in respect of a lodging-\nhouse, as the keeper of that lodging-house;\nlodger means a person who obtains, for hire or reward, board or lodging in a lodging-house;\nlodging-house has the same meaning as is given to that expression in the Act;\nmanager means a person duly appointed by the keeper in accordance with this Division to reside\nin, and have the care and management of, a lodging-house;\nrecreational campsite means a lodging house—\n(a) situated on a campsite principally used for—\n(i) recreational, sporting, religious, ethnic or educational pursuits; or\n(ii) conferences or conventions; and\n(b) where the period of occupancy of any lodger is not more than 14 consecutive days, and\nincludes youth camps, youth education camps, church camps and riding schools;\nregister of lodgers means the register kept in accordance with section 157 of the Act and this\nPart;\nresident means a person, other than a lodger, who resides in a lodging-house;\nserviced apartment means a lodging-house in which each sleeping apartment, or group of\nsleeping apartments in common occupancy, is provided with its own sanitary conveniences\nand may have its own cooking facilities;\nshort term hostel means a lodging-house where the period of occupancy of any lodger is not\nmore than 14 consecutive days and shall include youth hostels and backpacker hostels; and\nvectors of disease means an arthropod or rodent that transmits, by biological or mechanical\nmeans, an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs,\ncrab lice, body lice and head lice.\n(2) Where in this Part an act is required to be done or forbidden to be done in relation to any lodging-\nhouse, the keeper of the lodging-house has, unless the contrary intention appears, the duty of causing\nto be done the act so required to be done, or of preventing from being done the act so forbidden to be\ndone, as the case may be.\n9.2 Lodging-house not to be kept unless registered\nA person shall not keep or cause, suffer or permit to be kept a lodging-house unless—\n(a) the lodging-house is constructed in accordance with the requirements of this Part;\n(b) the lodging-house is registered by the local government under clause 9.4;\n(c) the name of the person keeping or proposing to keep the lodging-house is entered in the\nregister of keepers; and\n(d) when required by the local government either—\n(i) the keeper; or\n(ii) a manager who, with the written approval of an Environmental Health Officer, has\nbeen appointed by the keeper to have the care and management of the lodging-house,\nresides or intends to reside continuously in the lodging-house whenever there are 1 or more lodgers in\nthe lodging-house.\n9.3 Application for registration\nAn application for registration of a lodging-house shall be—\n(a) in the form approved by the local government;\n(b) duly completed and signed by the proposed keeper; and\n(c) accompanied by—\n(i) the fee as fixed from time to time by the local government under section 344C of the\nAct; and\n(ii) detailed plans and specifications of the lodging-house.\n9.4 Approval of application\nThe local government may approve, with or without conditions, an application under clause 9.3 by\nissuing to the applicant a certificate in the form approved by the local government.\n9.5 Renewal of registration\nA person who keeps a lodging-house, which is registered under this Part, shall—\n(a) before 30 June in each year apply to the local government for the renewal of the registration\nof the lodging-house; and\n(b) pay the fee as fixed from time to time by the local government under section 344C of the Act,\nat the time of making each application for renewal.\n\n","sortOrder":28},{"sectionNumber":"3084","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3084 GOVERNMENT GAZETTE, WA 21 June 2017\n9.6 Notification upon sale or transfer\nIf the owner of a lodging-house sells or transfers or agrees to sell or transfer the lodging-house to\nanother person, he or she shall, within 14 days of the date of sale, transfer or agreement, give to the\nlocal government written notice, in the form approved by the local government, of the full name,\naddress and occupation of the person to whom the lodging-house has been, or is to be, sold or\ntransferred.\n9.7 Revocation of registration\n(1) Subject to subclause (3), the local government may, at any time, revoke the registration of a\nlodging-house for any reason which, in the opinion of the local government, justifies the revocation.\n(2) Without limiting the generality of subclause (1), the local government may revoke a registration\nupon any 1 or more of the following grounds—\n(a) that the lodging-house has not, to the satisfaction of local government, been kept free from\nvectors of disease or in a clean, wholesome and sanitary condition;\n(b) that the keeper has—\n(i) been convicted of an offence against this local law in respect of the lodging-house;\n(ii) not complied with a requirement of this Part; or\n(iii) not complied with a condition of registration;\n(c) that the local government, having regard to a report from the Police Service, is satisfied that\nthe keeper or manager is not a fit and proper person; and\n(d) that, by reason of alterations or additions or neglect to repair and renovate, the condition of\nthe lodging-house is such as to render it, in the opinion of the Environmental Health Officer,\nunfit to remain registered.\n(3) Before revoking the registration of a lodging-house under this local law, the local government shall\ngive notice to the keeper requiring him or her, within a time specified in the notice, to show cause why\nthe registration should not be revoked.\n(4) Whenever the local government revokes the registration of a lodging-house, it shall give the\nkeeper notice of the revocation and the registration shall be revoked as from the date on which the\nnotice is served on the keeper.\nDivision 2—Construction and use requirements\n9.8 General construction requirements\nThe general construction requirements of a lodging-house shall comply with the Building Code and\nthe Act.\n9.9 Kitchen\nA keeper of a lodging-house shall provide in that lodging-house a kitchen which—\n(a) has adequate—\n(i) food storage facilities and cupboards to prevent contamination of food, or cooking or\neating utensils, by dirt, dust, flies or other vectors of disease of any kind; and\n(ii) refrigerator space for storage of perishable goods;\n(b) may be required by the local government to comply with any of the requirements of Standard\n3.2.3 of the Food Standards Code; and\n(c) has a hand wash basin and a double bowl sink or dish washing facility, each provided with an\nadequate supply of hot and cold water.\n9.10 Cooking facilities\n(1) The keeper of a lodging-house where lodgers prepare their own meals must provide a kitchen with\nelectrical, gas or other stoves and ovens approved by an Environmental Health Officer in accordance\nwith Schedule 4.\n(2) The keeper of a lodging-house where meals are provided by the keeper or manager must provide a\nkitchen with cooking appliances of a number and type approved by an Environmental Health Officer.\n9.11 Dining room\nThe keeper of a lodging-house shall provide in that lodging-house a dining room—\n(a) located in close proximity to, or combined with, the kitchen;\n(b) the floor area of which shall be 0.5 square metres per person or not less than 10 square\nmetres whichever is the greater; and\n(c) which shall be—\n(i) adequately furnished to accommodate, at any 1 time, half of the number of lodgers; and\n(ii) provided with a suitable floor covering.\n9.12 Lounge room\nThe keeper of a lodging-house shall provide in that lodging-house a lounge room—\n(a) with a floor area—\n(i) where the lounge room is not combined with a dining room not less than 0.6 square\nmetres per person; or\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3085\n(ii) where the lounge room is combined with a dining room not less than 1.2 square metres\nper person;\nbut in either case having a minimum of 13 square metres and;\n(b) which shall be—\n(i) adequately furnished to accommodate at any 1 time, half of the number of lodgers; and\n(ii) provided with a suitable floor covering.\n9.13 Sanitary conveniences\ncommunal bathroom means a room which has more than 1 shower or more than 1 bath or any\ncombination of more than 1 shower and 1 bath, whether or not they are divided by cubicles\ndesigned with the intention that the bathroom may be used by more than 1 person at any\nparticular time;\ncommunal toilet means a room which has more than 1 toilet with each toilet being divided from\nthe other toilets with a cubicle surrounding it, whether or not the walls of that cubicle extend\nto the floor or the ceiling or both of the room;\nindividual bathroom means a room which has only 1 shower, or only 1 bath, or only 1 shower\nand 1 bath, and is designed to be used by only 1 person at any particular time; and\nindividual toilet means a room that has walls extending from the floor to the ceiling and\ncontains a single toilet.\n(2) A keeper shall maintain in good working order and condition and in convenient positions on the\npremises—\n(a) 1 or more communal toilets, or 1 or more individual toilets, or both; and\n(b) 1 or more communal bathrooms, or 1 or more individual bathrooms, or both, each fitted with\na hand wash basin and either a shower or a bath,\nin accordance with the requirements of the Building Code.\n(3) A bathroom or toilet, which is used as a private bathroom or toilet to the exclusion of other lodgers\nor residents, shall not be counted for the purposes of subclause (1).\n(4) Each bath, shower and hand wash basin shall be provided with an adequate supply of hot and cold\nwater.\n(5) The walls of each shower and bath shall be of an impervious material to a minimum height of 1.8\nmetres above the floor level.\n(6) Subject to subclause (8), each communal toilet and communal bathroom must—\n(a) be situated, separated and screened as to ensure privacy;\n(b) be apportioned to each sex;\n(c) have a distinct sign displayed in a prominent position denoting the sex for which the toilet or\nbathroom is provided; and\n(d) be provided with adequate electric lighting.\n(7) Subject to subclause (8), each individual toilet and individual bathroom must—\n(a) be situated, separated and screened so as to ensure privacy;\n(b) be fitted with a mechanism by which the door may be locked from inside the individual toilet\nor individual bathroom as approved by an Environmental Health Officer; and\n(c) be provided with adequate electric lighting.\n(8) Subclauses 6(a), (b) and (c) and 7(a) and (b) do not apply to a serviced apartment.\n9.14 Laundry\nlaundry unit means a group of facilities consisting of—\n(a) a washing machine with a capacity of not less than 4 kilograms of dry clothing;\n(b) 1 wash trough of not less than 36 litres, connected to both hot and cold water; and\n(c) either an electric drying cabinet or not less than 30 metres of clothes line,\nand for which a hot water system is provided that—\n(d) is capable of delivering 136 litres of water per hour at a temperature of at least 65\ndegrees Celsius for each washing machine provided with the communal facilities; and\n(e) has a delivery rate of not less than 18 litres per minute for each washing machine.\n(2) A keeper shall—\n(a) subject to subclause (2)—\n(i) in the case of a recreational campsite, provide on the premises a laundry consisting of\nat least 1 45 litre stainless steel trough; and\n(ii) in any other case, provide on the premises a laundry unit for each 15 lodgers;\n(b) at all times maintain each laundry in a proper sanitary condition and in good repair;\n(c) provide an adequate supply of hot and cold water to each wash trough, sink and washing\nmachine; and\n(d) ensure that the floor area of each laundry is properly surfaced with an impervious material\nwith an even fall to a floor waste.\n\n","sortOrder":29},{"sectionNumber":"3086","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3086 GOVERNMENT GAZETTE, WA 21 June 2017\n(3) An Environmental Health Officer may approve the provision of a reduced number of laundry units\nif suitable equipment of a commercial type is installed.\n9.15 Fire prevention and control\n(1) A keeper shall—\n(a) in each passage in the lodging-house provide an emergency light—\n(i) in such a position and of such a pattern, as shall be approved by an Environmental\nHealth Officer; and\n(ii) which shall be kept separate from the general lighting system and kept illuminated\nduring the hours of darkness;\n(b) provide an approved fire blanket positioned within 2 metres of the cooking area in each\nkitchen;\n(c) ensure that each exit sign and fire-fighting appliance is clearly visible, accessible and\nmaintained in good working order at all times; and\n(d) ensure all fire fighting equipment and fire detection and alarm systems are adequately\nmaintained at all times in such a condition as will enable their proper performance.\n(2) A keeper shall ensure that all buildings comprising the lodging-house are fitted with fire\nprotection equipment in accordance with the Building Code.\n9.16 Obstruction of passages and stairways\nA keeper shall not cause, suffer or permit furniture, fittings or other things to be placed either\ntemporarily or permanently in or on—\n(a) a stairway, stair landing, fire-escape, window or common passageway; or\n(b) part of the lodging-house in common use or intended or adapted for common use,\nin such a manner as to form an obstruction to the free passage of lodgers, residents or persons in or\noccupying the lodging-house.\n9.17 Fitting of locks\nA person shall not fit, or cause or permit to be fitted, to an exit door a lock or other device which\nprevents the door being opened from within a lodging-house.\n9.18 Restriction on use of rooms for sleeping\n(1) Subject to subclause (3) and clause 9.32, and unless otherwise approved by an Environmental\nHealth Officer, a keeper shall not use or permit to be used as a sleeping apartment a room in a\nlodging-house—\n(a) which contains food;\n(b) which contains or is fitted with a cooking appliance or kitchen sink;\n(c) which is used as a kitchen, scullery, store room, dining room, general sitting room, lounge\nroom or for the preparation or storage of food;\n(d) which is not reasonably accessible without passing through a sleeping or other room in the\nprivate occupation of another person;\n(e) which, except in the case of a short term hostel or a recreational campsite, contains less than\n5.5 square metres of clear space for each lodger occupying the room;\n(f) which is naturally illuminated by windows which have an area of less than 10 per cent of the\nfloor area of the room;\n(g) which has an unobstructed ventilating area which is less than 5 per cent of the floor area of\nthe room;\n(h) in which the lighting or ventilation referred to in paragraphs (f) and (g) is obstructed or is not\nin good and efficient order;\n(i) which is not free from internal dampness;\n(j) of which any part of the floor is below the level of the adjoining ground; or\n(k) the floor of which is not fitted with an approved carpet or vinyl floor covering or other floor\ntreatment approved by an Environmental Health Officer.\n(2) For the purposes of this clause, 2 children under the age of 10 years shall be counted as 1 lodger.\n(3) Paragraphs (a), (b) and (c) of subclause (1) shall not apply to a serviced apartment.\n9.19 Sleeping accommodation, short term hostels and recreational campsites\n(1) A keeper of a short term hostel or recreational campsite shall provide clear floor space of not less\nthan—\n(a) 4 square metres per person in each dormitory utilising beds;\n(b) 2.5 square metres per person in dormitories utilising bunks.\n(2) The calculation of floor space in subclause (1) shall exclude the area occupied by any large items of\nfurniture, such as wardrobes, but may include the area occupied by beds.\n(3) The minimum height of any ceiling in a short term hostel or recreational campsite shall\nbe 2.4 metres in any dormitory utilising beds, and 2.7 metres in any dormitory utilising bunks.\n(4) The minimum floor area requirements in subclause (1) will only apply if there are ventilation,\nseparation distances, fire egress and other safety requirements in accordance with the Building Code.\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3087\n(5) The keeper of any short term hostel or recreational campsite shall provide—\n(a) fixed outlet ventilation at a ratio of 0.15 square metres to each 10 square metres of floor area\nof the dormitories, and shall ensure that dormitories are provided with direct ventilation to\nthe open air from a point within 230 millimetres of the ceiling level through a fixed open\nwindow or vents, carried as direct to the open air as is practicable; or\n(b) mechanical ventilation in lieu of fixed ventilation, subject to the local government’s approval.\n(6) The keeper of any short term hostel or recreational campsite shall provide—\n(a) when required by the local government beds with a minimum size of—\n(i) in short term hostels—800 millimetres x 1.9 metres; and\n(ii) in recreational campsites—750 millimetres x 1.85 metres.\n(b) storage space for personal effects, including backpacks, so that cleaning operations are not\nhindered and access spaces are not obstructed.\n(7) The keeper of any short term hostel or recreational campsite shall—\n(a) maintain at all times a minimum distance of 750 millimetres between beds and a minimum\ndistance of 900 millimetres between bunks;\n(b) ensure that, where bed or bunk heads are placed against the wall on either side of a\ndormitory, there is a passageway of at least 1.35 metres between each row of beds and\npassageway of at least 2 metres between each row of bunks;\n(c) ensure that the passageway is kept clear of obstruction at all times; and\n(d) ensure all doors, windows and ventilators are kept free of obstruction at all times.\n(8) The keeper of a short term hostel or recreational campsite shall ensure that—\n(a) materials used in dormitory areas comply with AS 1530.2—1993 and AS 1530.3—1999 as\nfollows—\n(i) Drapes, curtains, blinds and bed covers\n- a maximum Flammability Index of 6;\n(ii) Upholstery and bedding—\n- a maximum Spread of Flame Index of 6;\n- a maximum Smoke Developed Index of 5;\n(iii) Floor coverings—\n- a maximum Spread of Flame Index of 7;\n- a maximum Smoke Developed Index of 5;\n(b) Fire retardant coatings used to make a material comply with these indices must be—\n(i) certified by the manufacturer as approved for use with the fabric to achieve the\nrequired indices; and\n(ii) certified by the manufacturer to retain its fire retardative effect after a minimum of\n5 commercial dry cleaning or laundering operations carried out in accordance with\nAS2001.5.4-1987; and\n(iii) certified by the applicator as having been carried out in accordance with the\nmanufacturer’s specification;\n(c) emergency lighting is provided in accordance with the Building Code;\n(d) a lodger or other person does not smoke in any dormitory, kitchen, dining room, or other\nenclosed public place, within a short term hostel or recreational campsite; and\n(d) all mattresses in a short term hostel or recreational campsite are fitted with a mattress\nprotector.\n9.20 Furnishing etc. of sleeping apartments\n(1) A keeper shall when required by the local government—\n(a) furnish each sleeping apartment with a sufficient number of beds and sufficient bedding of\ngood quality;\n(b) ensure that each bed—\n(i) has a bed head, mattress and pillow; and\n(ii) except in the case of short term hostels and recreational campsites is provided with a\npillow case, mattress cover, 2 sheets, 2 blankets or equivalent;\n(c) in the case of a short term hostel or recreational campsite, ensure that there is for each bed a\npillow case, 2 sheets and 2 blankets available for the use of lodgers either free of charge or on\npayment of a fee;\n(d) in the case of a short term hostel or recreational campsite, ensure that lodgers use some form\nof bedding to cover the pillow and mattress;\n(e) except in the case of a short term hostel or recreational campsite, furnish each bedroom so\nthat there are adequate storage facilities for lodgers’ belongings within the room; and\n(f) in the case of short term hostels and recreational campsites, ensure that there is a room or\nrooms provided for the secure storage of lodgers’ luggage.\n(2) The keeper shall not cause, suffer or permit any tiered beds or bunks to be used in a sleeping\napartment other than in a lodging-house used exclusively as a short term hostel or recreational camp-\nsite.\n\n","sortOrder":30},{"sectionNumber":"3088","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3088 GOVERNMENT GAZETTE, WA 21 June 2017\n9.21 Ventilation\n(1) If, in the opinion of an Environmental Health Officer, a kitchen, bathroom, toilet, laundry or\nhabitable room is not adequately or properly ventilated, he or she may direct the keeper to provide a\ndifferent or additional method of ventilation.\n(2) The keeper shall comply with any direction given under subclause (1) within such time as directed.\n9.22 Numbers to be placed on doors\n(1) A keeper shall place or cause to be placed on the outside of the doors of all rooms available to\nlodgers in the lodging-house, serial numbers so that—\n(a) the number “1” is placed on the outside of the door of the room nearest to the front or main\nentry door of the lodging-house; and\n(b) the numbers continue in sequence throughout each floor (if there is more than 1) of the\nlodging-house.\n(2) The numbers to be placed on the doors under subclause (1) shall be—\n(a) not less than 40 millimetres in height;\n(b) 1.5 metres from the floor; and\n(c) permanently fixed either by being painted on the doors or shown by other legible means.\nDivision 3—Management and care\n9.23 Keeper or manager to reside in the lodging-house\nWhenever there are 1 or more lodgers in a lodging-house, a keeper or manager must—\n(a) reside continuously in the lodging-house; and\n(b) not be absent from the lodging-house unless he or she arranges for a reputable person to have\nthe care and management of the lodging-house.\n9.24 Register of lodgers\n(1) A keeper shall keep a register of lodgers in the form approved by the local government.\n(2) The register of lodgers shall—\n(a) include the details required by the local government;\n(b) be kept in the lodging-house; and\n(c) be open to inspection at any time on demand by any member of the Police Service or by an\nEnvironmental Health Officer.\n9.25 Keeper to report\nA keeper shall, whenever required by the local government, report to the local government, in the\nform approved by the local government, the name of each lodger who lodged in the lodging-house\nduring the preceding day or night.\n9.26 Certificate in respect of sleeping accommodation\n(1) An Environmental Health Officer may issue to a keeper a certificate, in respect of each room,\nwhich shall be in the form approved by the local government.\n(2) The certificate issued under subclause (1) shall specify the maximum number of persons who shall\nbe permitted to occupy each room as a sleeping apartment at any 1 time.\n(3) When required by an Environmental Health Officer, a keeper shall exhibit the certificate issued\nunder this clause in a conspicuous place in the room to which the certificate refers.\n(4) A person shall not cause, suffer or permit a greater number of persons than is specified on a\ncertificate issued under this clause to occupy the room to which it refers.\n9.27 Duplicate keys and inspection\nEach keeper and manager of a lodging-house shall—\n(a) retain possession of a duplicate key to the door of each room; and\n(b) when required by an Environmental Health Officer, open the door of any room for the\npurposes of inspection by the Environmental Health Officer.\n9.28 Room occupancy\n(1) A keeper shall not—\n(a) cause, suffer or permit more than the maximum number of persons permitted by the\nCertificate of Registration of the lodging-house to be lodged at any 1 time in the lodging-\nhouse;\n(b) cause, suffer or permit to be placed or kept in any sleeping apartments—\n(i) a larger number of beds; or\n(ii) a larger quantity of bedding,\nthan is required to accommodate and provide for the maximum number of persons permitted to\noccupy the sleeping apartment at any 1 time; and\n(c) use or cause, suffer or permit to be used for sleeping purposes a room that—\n(i) has not been certified for that purpose; and\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3089\n(ii) the local government or an authorised person has forbidden to be used as a sleeping\napartment.\n(2) For the purpose of this clause, 2 children under 10 years of age shall be counted as 1 lodger.\n9.29 Maintenance of a room by a lodger or resident\n(1) A keeper may permit, or contract with, a lodger or resident to service, clean or maintain the room\nor rooms occupied by the lodger or resident.\n(2) Where permission is given or a contract entered into under subclause (1), the keeper shall—\n(a) inspect each room the subject of the permission or contract at least once a week; and\n(b) ensure that each room is being maintained in a clean and sanitary condition.\n(3) A lodger or resident who contracts with a keeper to service, clean or maintain a room occupied by\nhim or her, shall maintain the room in a clean and sanitary condition.\n9.30 Cleaning and maintenance requirements\nbed linen includes sheets, pillowcases, mattress protectors and mattress covers.\n(2) A keeper of a lodging-house shall—\n(a) maintain in a clean, sound and undamaged condition—\n(i) the floor, walls, ceilings, woodwork and painted surfaces;\n(ii) the floor coverings and window treatments; and\n(iii) the toilet seats;\n(b) maintain in a clean condition and in good working order—\n(i) all fixtures and fittings; and\n(ii) windows, doors and furniture;\n(c) ensure that the internal walls of each bathroom and toilet have a smooth impervious\nwashable surface;\n(d) whenever there are 1 or more lodgers in a lodging-house, ensure that the laundry floor is\ncleaned daily;\n(e) ensure that—\n(i) all bed linen, towels and house linen in use is washed at least once a week;\n(ii) within a reasonable time of a bed having been vacated by a lodger or resident, the bed\nlinen is removed and washed;\n(iii) a person does not occupy a bed, which has been used by another person, unless the bed\nhas been provided with clean bed linen;\n(iv) all beds, bedsteads, blankets, rugs, covers, bed linen, towels and house linen are kept\nclean, in good repair and free from vectors of disease;\n(v) when any vectors of disease are found in a bed, furniture, room or sleeping apartment,\nimmediate effective action is taken to eradicate the vectors of disease; and\n(vi) a room, which is not free from vectors of disease, is not used as a sleeping apartment;\n(f) when so directed by an Environmental Health Officer, ensure that—\n(i) a room, together with its contents and any other part of the lodging-house, is cleaned\nand disinfected; and\n(ii) a bed or other article of furniture is removed from the lodging-house and properly\ndisposed of;\n(g) ensure that the yard is kept clean at all times;\n(h) provide all bedrooms, passages, common areas, toilets, bathrooms and laundries with\nadequate lighting; and\n(i) comply with any direction, whether orally or in writing, given by an Environmental Health\nOfficer.\n9.31 Responsibilities of lodgers and residents\nA lodger or resident shall not—\n(a) use any room available to lodgers—\n(i) as a shop, store or factory; or\n(ii) for manufacturing or trading services;\n(b) keep or store in or on the lodging-house any goods or materials which are inflammable or\noffensive;\n(c) use a bath or hand wash basin other than for ablutionary purposes;\n(d) use a bathroom facility or fitting for laundry purposes;\n(e) use a sink installed in a kitchen or scullery for any purpose other than the washing and\ncleaning of cooking and eating utensils, other kitchenware and culinary purposes;\n(f) deposit rubbish or waste food other than into a proper rubbish receptacle;\n\n","sortOrder":31},{"sectionNumber":"3090","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3090 GOVERNMENT GAZETTE, WA 21 June 2017\n(g) in a kitchen or other place where food is kept—\n(i) wash or permit the washing of clothing or bedding; or\n(ii) keep or permit to be kept any soiled clothing or bedding;\n(h) subject to clause 9.32—\n(i) keep, store, prepare or cook food in any sleeping apartment; or\n(ii) unless sick or invalid and unable to leave a sleeping apartment for that reason, use a\nsleeping apartment for dining purposes;\n(i) place or keep, in any part of a lodging-house, any luggage, clothing, bedding or furniture that\nis infested with vectors of disease;\n(j) store or keep such a quantity of furniture, material or goods within the lodging-house—\n(i) in any kitchen, living or sleeping apartment so as to prevent the cleaning of the floors,\nwalls, fittings or fixtures; or\n(ii) in a sleeping apartment so as to decrease the air space to less than the minimum\nrequired by this Part;\n(k) obstruct or prevent the keeper or manager from inspecting or examining the room or rooms\noccupied by the lodger or resident; and\n(l) fix any fastener or change any lock to a door or room without the written approval of the\nkeeper.\n9.32 Approval for storage of food\n(1) An Environmental Health Officer may—\n(a) upon written application from a keeper, approve the storage of food within a refrigerator or\nsealed container in a sleeping apartment; and\n(b) withdraw the approval if a nuisance or vector of disease infestation is found to exist in the\nlodging-house.\n(2) The keeper of a serviced apartment may permit the storage and consumption of food within that\napartment if suitable storage and dining facilities are provided.\n","sortOrder":32},{"sectionNumber":"Part 10","sectionType":"part","heading":"OFFENSIVE TRADES","content":"PART 10—OFFENSIVE TRADES\nDivision 1—General\n10.1 Interpretation\nIn this Part, unless the context otherwise requires—\noccupier in relation to premises includes the person registered as the occupier of the premises\nspecified in the Certificate of Registration;\noffensive trade means any trades as defined by section 186 of the Act; and\npremises includes dwelling house.\nDivision 2—Consent and registration\n10.2 Interpretation\nCertificate of Registration means the certificate of registration of premises for offensive trade,\nissued under clause 10.6.\n10.3 Consent to establish an offensive trade\nA person seeking the consent of the local government under section 187 of the Act to establish an\noffensive trade shall make application in the form approved by the local government and in\naccordance with the local government’s local planning scheme.\n10.4 False statement\nA person who makes a false statement in an application under clause 10.3 shall be guilty of an\noffence.\n10.5 Registration of premises\nAn application for the registration of premises pursuant to section 191 of the Act shall be—\n(a) in the form approved by the local government;\n(b) accompanied by the fee prescribed in the Health (Offensive Trades Fees) Regulations 1976 as\namended from time to time; and\n(c) lodged with the CEO.\n10.6 Certificate of registration\nUpon the registration of premises for the carrying on of an offensive trade, the local government shall\nissue to the applicant a certificate in the form approved by the local government.\n10.7 Change of occupier\nWhere there is a change of occupier of the premises registered pursuant to this Division, the new\noccupier shall forthwith notify the CEO in writing of such change.\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3091\n10.8 Alterations to premises\nWhile any premises remain registered under this Division, a person shall not, without the written\npermission of the local government, make or permit any change or alteration whatever to the\npremises.\nDivision 3—General duties of an occupier\n10.9 Interpretation\noccupier means the occupier, or where there is more than 1 occupier, each of the occupiers of the\npremises in or upon which an offensive trade is carried on; and\nthe premises means those premises in or upon which an offensive trade is carried on.\n10.10 Cleanliness\n(a) keep or cause to be kept in a clean and sanitary condition and in a state of good repair the\nfloors, walls and ceilings and all other portions of the premises;\n(b) keep or cause to be kept in a clean and sanitary condition and in a state of good repair all\nfittings, fixtures, appliances, machinery, implements, shelves, counters, tables, benches, bins,\ncabinets, sinks, drain boards, drains, grease traps, tubs, vessels and other things used on or\nin connection with the premises;\n(c) keep the premises free from any unwholesome or offensive odour arising from the premises;\n(d) maintain in a clean and tidy condition all yards, footpaths, passage ways, paved areas, stores\nor outbuildings used in connection with the premises; and\n(e) clean daily and at all times keep and maintain all sanitary conveniences and all sanitary\nfittings and grease traps on the premises in a clean and sanitary condition.\n10.11 Rats and other vectors of disease\n(a) ensure that the premises are kept free from rodents, cockroaches, flies and other vectors of\ndisease; and\n(b) provide in and on the premises all effective means and methods for the eradication and\nprevention of rodents, cockroaches, flies and other vectors of disease.\n10.12 Sanitary conveniences and hand wash basins\nThe occupier shall provide on the premises in an approved position sufficient sanitary conveniences\nand hand wash basins, each with an adequate supply of hot and cold water for use by employees and\nby all other persons lawfully upon the premises.\n10.13 Painting of walls etc.\nThe occupier shall cause the internal surface of every wall, the underside of every ceiling or roof and\nall fittings as may be directed in and on the premises to be cleaned and painted when instructed by\nan Environmental Health Officer.\n10.14 Effluvia, vapours, gases or dust\n(1) The occupier shall provide, use and maintain in a state of good repair and working order,\nappliances and preventive measures capable of effectively destroying or of rendering harmless all\noffensive effluvia, vapours, dust or gases arising in any process of his or her business or from any\nmaterial, residue or other substance which may be kept or stored upon the premises.\n(2) The occupier shall manage and operate the premises such that odours emanating from the\npremises do not unreasonably interfere with the health, welfare, convenience, comfort or amenity of\nany person.\n10.15 Offensive material\n(a) provide on the premises impervious receptacles of sufficient capacity to receive all offensive\nmaterial and trade refuse produced upon the premises in any 1 day;\n(b) keep airtight covers on the receptacles, except when it is necessary to place something in or\nremove something from them;\n(c) cause all offensive material and trade refuse to be placed immediately in the receptacles;\n(d) cause the contents of the receptacles to be removed from the premises at least once in every\nworking day or at such other intervals as may be approved or directed by an Environmental\nHealth Officer; and\n(e) cause all receptacles, after being emptied, to be cleaned immediately with an efficient\ndisinfectant.\n10.16 Storage of materials\nThe occupier shall cause all material on the premises to be stored so as not to be offensive or injurious\nto health whether by smell or otherwise and so as to prevent the creation of a nuisance.\n\n","sortOrder":33},{"sectionNumber":"3092","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3092 GOVERNMENT GAZETTE, WA 21 June 2017\n10.17 Specified offensive trades\n(1) For the purposes of this clause, “specified offensive trade” means 1 or more of the offensive trades\ncarried on, in or connected with the following works or premises—\n(a) fat rendering premises\n(b) fish processing premises, fish curing premises and shellfish and crustacean processing\nestablishments (not including retail fish shops); and\n(c) laundries, dry cleaning premises and dye works.\n(2) Where premises are used for or in relation to a specified offensive trade, the occupier shall—\n(a) cause the floor of the premises to—\n(i) be properly paved and drained with impervious material;\n(ii) have a smooth surface; and\n(iii) have a fall to a bucket trap or spoon drain in such a way that all liquids falling on the\nfloor shall be conducted by the trap or drain to a drain inlet situated inside the building\nwhere the floor is situated; and\n(b) cause the angles formed by the walls with any other wall, and by the wall with the floor, to be\ncoved to a radius of not less than 25 millimetres; and\n(c) cause all liquid refuse to be—\n(i) cooled to a temperature not exceeding 26 degrees Celsius and in accordance with the\nMetropolitan Water Supply, Sewerage and Drainage Board By-laws 1981 before being\ndischarged into any drain outlet from any part of the premises; and\n(ii) directed through such screening or purifying treatment as an Environmental Health\nOfficer may from time to time direct.\n10.18 Directions by an Environmental Health Officer\n(1) An Environmental Health Officer may give to the occupier directions to prevent or diminish the\noffensiveness of a trade or to safeguard the public health.\n(2) The occupier shall comply with any directions given under this clause.\n10.19 Other duties of occupier\nIn addition to the requirements of this Division, the occupier shall comply with all other requirements\nof this Part that apply to the particular offensive trade or trades conducted on the premises.\nDivision 4—Fat rendering establishments\n10.20 Interpretation\nfat rendering establishment means premises where edible fats including suet, dripping or\npremier jus are rendered down by any heat processing method.\n10.21 Exhaust ventilation\nThe occupier must provide and maintain—\n(a) a hood which must—\n(i) be of an approved design and construction;\n(ii) be situated so as to arrest all effluvia, odours and smoke from the process of fat\nrendering; and\n(iii) extend a minimum of 150 millimetres beyond the length of each appliance; and\n(b) an exhaust ventilation system—\n(i) the point of discharge of which must be at least 1 metre above the ridge of a pitched\nroof or 3 metres above a flat roof and must not be located within 6 metres of an\nadjoining property or any fresh air intake; and\n(ii) which must discharge in such manner and in such a position that no nuisance is\ncreated.\n10.22 Covering of apparatus\nExternal parts of the fat rendering apparatus must be constructed or covered with a non-corrosive\nimpervious material.\n10.23 Rendering of walls\nThe occupier must cause each wall within a radius of 3 metres of the rendering apparatus or\nmachinery to be rendered with a cement plaster with a steel float finish or other approved finish to a\nheight of 2 metres, devoid of holes, cracks and crevices.\nDivision 5—Fish premises\n10.24 Interpretation\nappliance includes a utensil, an instrument, a cover, a container or an apparatus;\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3093\nfish means fresh fish, frozen fish, chilled fish and cooked fish, whether cleaned, uncleaned or part\ncleaned and includes crustaceans and molluscs, but does not include—\n(a) fish which has been cured, preserved, hermetically canned or treated to prevent\nputrefaction; or\n(b) cleaned fish supplied in cartons or packets by a packer and sold in such cartons or\npackets if they are at all times kept in a deep freeze refrigeration unit at a temperature\nnot exceeding minus 15 degrees Celsius;\nfish curing premises means a place where, for the purpose of sale, fish may be partly cleaned,\nscaled or cut up for preservation by salting, drying, smoking or other means; and\nfish processing premises means a place where, for the purpose of trade, fish is cleaned, partly\ncleaned, scaled or cut up.\n10.25 Fish preparation room\n(1) The fish preparation room of a fish processing premises or fish curing premises must have a self-\nclosing door.\n(2) The occupier must ensure that all fish is prepared in the fish preparation room and that room is to\nbe used solely for that purpose.\n10.26 Disposal of waste\nThe occupier of a fish premises shall cause all offal and wastes, all rejected and unsaleable fish and\nany rubbish or refuse which is likely to be offensive or a nuisance to be—\n(a) placed in the receptacles referred to in clause 10.15 and disposed of in accordance with that\nclause; or\n(b) kept in a frozen state in an approved enclosure before its removal from the premises.\n10.27 Fish containers\nThe occupier of a fish premises shall not allow any container used for the transport of fish to-\n(a) remain on the premises longer than is necessary for it to be emptied; or\n(b) be kept so as to cause a nuisance or to attract flies.\nDivision 6—Flock factories\n10.28 Interpretation\nIn this Division, unless the context requires otherwise—\nflock factory includes any premises or place where flock is produced wholly or partly by tearing\nup or teasing, wadding, kapok, rags, cotton, linters, fibre, or other material used or likely to\nbe used for the filling of mattresses, pillows, bedding, upholstery, cushions or substances used\nin packaging material or the manufacture of underfelt.\n10.29 New and used material\n(1) Subject to subclause (2), the occupier must not use, for the manufacture of flock, any material\nother than new material.\n(2) Material other than new material may be used for the manufacture of flock if, before being used,\nevery part of that material is subjected to moist heat maintained at a temperature of 100 degrees\nCelsius for at least 20 minutes.\n10.30 Collection and removal of dust\nThe occupier must provide effective means to prevent the escape into the open air of all dust or other\nmaterial from the premises.\n10.31 Unclean rags\nA person must not—\n(a) collect, deliver, offer for sale or sell for the manufacture of flock;\n(b) receive, store or deliver for the manufacture of flock; or\n(c) make flock from,\nrags which are unclean or which have been taken from any refuse or rubbish or from any receptacle\nused for the storage or collection of refuse or rubbish.\n10.32 Bedding and upholstery\nA person must not, for the purpose of sale or in the course of any business, remake, renovate, tease,\nretease, fill, refill or repair any—\n(a) used bedding; or\n(b) upholstery,\nwhich is unclean, offensive or infested with vectors of disease, unless the—\n(c) material of which the bedding is made; or\n(d) filling material of which the upholstery is made,\nhas been boiled for 30 minutes or otherwise effectively disinfected and cleaned.\n\n","sortOrder":34},{"sectionNumber":"3094","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3094 GOVERNMENT GAZETTE, WA 21 June 2017\nDivision 7—Laundries, dry cleaning establishments and dye works\n10.33 Interpretation\ndry cleaning establishment—\n(a) means premises where clothes or other articles are cleaned by use of solvents without\nusing water; but\n(b) does not include premises in which perchlorethylene or arklone is used as dry cleaning\nfluid in a fully enclosed machine operating on a full cycle;\ndye works means a place where articles are commercially dyed, but does not include dye works in\nwhich provision is made for the discharge of all liquid waste there from, into a public sewer;\nexempt laundromat means a premises in which—\n(a) laundering is carried out by members of the public using, on payment of a fee,\nmachines or equipment provided by the owners or occupiers of those establishments;\n(b) laundering is not carried out by those owners or occupiers for or on behalf of other\npersons; and\n(c) provision is made for the discharge of all liquid waste therefrom into a public sewer;\nlaundromat means a public place with coin operated washing machines, spin dryers or dry\ncleaning machines; and\nlaundry means any place where articles are laundered by commercial grade machinery but does\nnot include an exempt laundromat.\n10.34 Receiving depot\nAn owner or occupier of premises shall not use or permit the premises to be used as a receiving depot\nfor a laundry, dry cleaning establishment or dye works except with the written permission of the local\ngovernment, which may at any time by written notice withdraw such permission.\n10.35 Reception room\n(1) The occupier of a laundry, dry cleaning establishment or dye works shall—\n(a) provide a reception room in which all articles brought to the premises for treatment shall be\nreceived and shall not receive or permit to be received any such articles except in that room;\nand\n(b) cause such articles as may be directed by an Environmental Health Officer to be thoroughly\ndisinfected to the satisfaction of the Environmental Health Officer.\n(2) A person shall not bring or permit food to be brought into the reception room referred to in this\nclause.\n10.36 Walls and floors\nThe occupier of a laundry, dry cleaning establishment or dye works shall cause—\n(a) the internal surfaces of all walls to be rendered with a cement plaster with a steel float finish\nor other approved material to a height of 2 metres with a smooth impervious surface;\n(b) the floor to be constructed of concrete and finished with a smooth impervious surface; and\n(c) every floor and wall of any building on the premises to be kept at all times in good order and\nrepair, so as to prevent the absorption of any liquid which may be splashed or spilled or may\nfall or be deposited on it.\n10.37 Laundry floor\nThe occupier of a laundry shall provide in front of each washing machine a non-corrosive grating, at\nleast 910 millimetres in width and so constructed as to prevent any person from standing in water on\nthe floor.\n10.38 Escape of dust\nThe occupier of a dry cleaning establishment shall provide effective means to prevent the escape into\nthe open air of all dust or other material from the premises.\n10.39 Precautions against combustion\nThe occupier of a dry cleaning establishment where volatile liquids are used shall take all proper\nprecautions against combustion and shall comply with all directions given by an Environmental\nHealth Officer for that purpose.\n10.40 Trolleys\nThe occupier of a dry cleaning establishment shall—\n(a) provide trolleys for the use of transporting dirty and clean linen; and\n(b) ensure that each trolley is—\n(i) clearly designated to indicate the use for which it is intended;\n(ii) lined internally with a smooth impervious non-absorbent material that is easily\ncleaned; and\n(iii) thoroughly cleaned and disinfected on a regular basis.\n\n21 June 2017 GOVERNMENT GAZETTE, WA 3095\n10.41 Sleeping on premises\nA person shall not use or permit any room in a laundry, dry cleaning establishment or dye works to be\nused for sleeping purposes.\nPART 11—OFFENCES AND PENALTIES\n11.1 Offences\nA 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.\n11.2 Penalties\n(1) A person who contravenes a provision of this local law commits an offence.\n(2) A person who commits an offence under subclause (1) is liable to—\n(a) a penalty which is not more than $2,500 and not less than—\n(i) in the case of a first such offence, $250;\n(ii) in the case of a second such offence, $500; and\n(iii) in the case of a third and subsequent such offence, $1,250; and\n(b) if the offence is a continuing offence, a daily penalty, which is not more than $250 and not\nless than $125 for each day during which the offence continues.\n11.3 Other enforcement actions\n(1) In addition to a penalty imposed under clause 11.2, any expense incurred by the local government\nin consequence of a breach or non-observance of this local law, in the execution of work directed to be\nexecuted by any person and not executed by him or her, must be paid by the person committing the\nbreach for failing to execute the work.\n(2) On a breach, or successive breaches, by a licensee or a person registered under this local law, the\nlocal government may suspend or cancel the licence or registration as the case may be.\n————\n","sortOrder":35},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":null,"content":"Schedule 1\nREQUIRED BUFFER DISTANCES FOR FEEDLOTS\n[Clause 6.21(2)]\nItem Buffer Distances\n1. Townsite boundaries 5,000m\n2. Isolated rural dwellings, dairies and industries 1,000m\n3. Public roads and recreation areas 100m\n4. Neighbouring rural property boundaries 50m\n5. Major water course and water impoundments 300m\n6. Bores, wells or soaks used for drinking, stock or irrigation 300m\n7. Minor water courses 100m\n————\n","sortOrder":36},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":null,"content":"Schedule 2\nREQUIRED BUFFER DISTANCES FOR PIGGERIES\n[Clause 6.24(2)]\nItem Buffer Distances\n1. Townsite boundaries 5,000m\n2. Isolated rural dwellings, dairies and industries 1,000m\n3. Public roads and recreation areas 100m\n4. Neighbouring rural property boundaries 50m\n5. Major water course and water impoundments 300m\n6. Bores, wells or soaks used for drinking, stock or irrigation 300m\n7. Minor water courses 100m\n\n","sortOrder":37},{"sectionNumber":"3096","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 21 June 2017","content":"3096 GOVERNMENT GAZETTE, WA 21 June 2017\n","sortOrder":38},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":null,"content":"Schedule 3\nREQUIRED BUFFER DISTANCES FOR INTENSIVE PIGGERIES\n[Clause 6.24(2) and 6.26]\nItem Townsite\nboundaries\nIsolated\nrural\ndwellings,\ndairies,\nindustries\nPublic\nroads,\nrecreation\nareas\nNeighbouring\nrural property\nboundaries\nSurface\nwater\nsupply\ncatchments\nWater\ncourses/rural\nwater\nimpoundments\nBores/wells,\nsoaks,\ndrinking\nwater supply\nStock\nirrigation\nsupply\n1. Piggeries\nand\nfacilities for\nmore than\n5,000 pigs\n5,000m 1,000m 200m 50m Not\n2. 500-5000\npigs\n3,500m 1,000m 150m 50m Not\n3. 50-499 pigs 2,000m 1,000m 100m 50m Not\n4. Less than\n50 pigs\n500m 1,000m 50m 50m Not\n200m 300m 100m\n5. Land used\nfor disposing\nof raw\nwastes or\npartly\ntreated\nwastes\n1,000m 1,000m 100m 300m Not\n300m 300m 300m\n6. Land used\nto dispose of\neffectively\ntreated\nwastes\n200m 50m 20m 20m Not\n100m 100m 100m\n————\n","sortOrder":39},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":null,"content":"Schedule 4\nREQUIRED COOKING FACILITIES\n[Clause 9.10(1)]\nNo. of Lodgers Ovens 4 Burner Stoves\n1-15 1 1\n16-30 1 2\n31-45 2 3\n46-60 2 4\nOver 60 2 4 + 1 for each additional\n15 lodgers over 60\n————\nDated this 23rd day of May 2017.\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———————————","sortOrder":40}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the Shire of Gingin Health Local Laws 2004 (cl.1.4) and replaces them with a consolidated and detailed local health code covering sanitation, housing maintenance, water supply, pest control, animals, lodging-houses, offensive trades, infectious disease powers, licensing/registration rules and enforcement provisions (see Parts 2–11 and Schedules 1–4). It therefore alters the local legal framework by restating duties, adding specific numerical standards and buffer distances, and by formalising discretion to require works and recover costs (eg. cl.3.16, cl.7.5, cl.8.10, cl.11.3)."},"complexity_factors":["Large scope and volume: multiple Parts (2–11) and detailed Schedules covering sanitation, housing, animals, pests, lodging-houses, offensive trades and infectious diseases (see Contents and Parts 2–10).","Numerical, technical standards and prescriptions (e.g. ventilation, hot water, room sizes, buffer distances, Schedule 1–3, cl.3.6, cl.9.19, cl.9.14).","Frequent cross-references to external Acts, Codes and Australian Standards, creating dependency on external texts (cl.1.5 definitions: Act, Building Code, AS/NZS standards).","Discretionary powers for local government and Environmental Health Officers to approve, vary, direct remedial action, grant licences and recover costs (eg. cl.2.4(3), cl.3.16, cl.7.4–7.5, cl.8.2–8.4, cl.10.18).","Multiple regulatory regimes: registration/licencing procedures and revocation processes (morgues cl.3.14–3.18; lodging-houses cl.9.2–9.7; offensive trades cl.10.3–10.6).","Enforcement mechanisms combine fines, daily penalties and cost recovery, with graduated penalties and registration suspension/cancellation (cl.11.2–11.3).","Operational compliance burden on diverse private actors (owners, occupiers, keepers, organisers, occupiers of offensive trades) with joint and several liabilities (cl.1.5(2)–(3)).","Technical environmental/site requirements and conditional approvals for intensive activities (feedlots/piggeries with stated separation distances in Schedules 1–3, cl.6.21–6.24)."],"plain_english_summary":"This local law replaces the Shire’s 2004 health rules (cl.1.4) and sets mandatory sanitation, housing, pest, animal-keeping, lodging-house, offensive-trade and infectious-disease standards across the Shire (Parts 2–10). It places duties on owners, occupiers, event organisers and business operators, empowers Environmental Health Officers and the local government to grant approvals, give directions, licence premises and recover costs, and creates numerical standards, buffer distances and penalties. It matters because it assigns compliance costs to private parties, creates official discretion to require works or refuse approvals, and changes on-the-ground practices via licences and sanctions."},"kimi_summary":{"_metrics":{"completionTokens":998},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a comprehensive local health law. It follows the standard structure of repealing and replacing the 2004 version with updated provisions. The scope remains focused on public health, sanitation, housing standards, pest control, and regulated industries — typical for a local government health law. No evidence of significant scope creep beyond the original public health purpose."},"complexity_factors":["47 defined terms in the main interpretation section (1.5), plus additional defined terms in nearly every Part and Division","Extensive cross-referencing to external legislation (Local Government Act 1995, Health (Miscellaneous Provisions) Act 1911, Public Health Act 2016, Building Code of Australia, multiple Australian Standards, various Regulations)","Nested conditional logic throughout — e.g., clause 6.9 has 4 subclauses with multiple conditions for keeping large animals, including exceptions and approval mechanisms","Multiple overlapping exemption clauses (e.g., 3.3 exempts short term hostels from Division 2; 9.18(3) exempts serviced apartments from certain restrictions; 9.19 has its own ventilation and space rules)","Detailed technical specifications — e.g., 0.076 litres per second water flow, 14 cubic metres air space per person, 50 dB Sound Transmission Class, specific buffer distances in 3 Schedules with 6-7 categories each","Duplicated enforcement mechanisms — clauses 7.5, 7.8, 8.10 and 11.3 contain nearly identical 'execute work and recover costs' provisions","11 Parts with 38 Divisions, creating a highly fragmented structure where related requirements are scattered (e.g., ventilation appears in Parts 2, 3, 9 and 10)","Schedules with tabulated data requiring cross-reference back to operative clauses (Schedules 1-4)"],"plain_english_summary":"This local health law from the Shire of Gingin sets rules to protect public health and prevent nuisances across the district, affecting residents, visitors, property owners, businesses (lodging houses, offensive trades, feedlots, piggeries) and council health officers. It covers sanitation, housing standards, pest control, animal keeping, waste management and infectious-disease measures.\n\nIt gives Environmental Health Officers inspection and enforcement powers (notices, work at owner’s cost, licence cancellation) with fines and daily penalties for breaches."}},"importantCases":[],"_links":{"self":"/api/acts/gingin-shire-of-health-local-law-2017","history":"/api/acts/gingin-shire-of-health-local-law-2017/history","analysis":"/api/acts/gingin-shire-of-health-local-law-2017/analysis","conflicts":"/api/acts/gingin-shire-of-health-local-law-2017/conflicts","importantCases":"/api/acts/gingin-shire-of-health-local-law-2017/important-cases","documents":"/api/acts/gingin-shire-of-health-local-law-2017/documents"}}