{"id":"wa-local:toodyay-shire-of-health-local-law-2017","name":"Health Local Law 2017","slug":"health-local-law-2017","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438976,"registerId":"wa-local:toodyay-shire-of-health-local-law-2017-pdf-1775955171661","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"22","sectionType":"section","heading":"December 2017 GOVERNMENT GAZETTE, WA 6029","content":"22 December 2017 GOVERNMENT GAZETTE, WA 6029\nARRANGEMENT\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"PRELIMINARY","content":"PART 1—PRELIMINARY\n1.1.1 Citation\n1.1.2 Repeal\n1.1.3 Commencement\n1.1.4 Application\n1.1.5 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\n2.1.1 Interpretation\n2.1.2 Dwelling House\n2.1.3 Premises other than a Dwelling House\n2.1.4 Outdoor Festivals\n2.1.5 Toilets\n2.1.6 Temporary Works\n2.1.7 Maintenance of Sanitary Conveniences and Fittings\n2.1.8 Ventilation of Toilet\n2.1.9 Public Sanitary Conveniences\n2.1.10 Lighting\n2.1.11 Installation\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Bathrooms, Laundries and Kitchens","content":"Division 2—Bathrooms, Laundries and Kitchens\n2.2.1 Bathrooms\n2.2.2 Laundries and Toilets\n2.2.3 Kitchens\nPART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of Dwelling Houses\n3.1.1 Dwelling House Maintenance\nDivision 2—Ventilation of Dwelling Houses\n3.2.1 Exemption for Short Term Hostels and Recreation Campsites\n3.2.2 Overcrowding\n3.2.3 Calculate Sufficient Space\n3.2.4 Ventilation\n3.2.5 Sub-Floor Ventilation\n","sortOrder":4},{"sectionNumber":"Div 3","sectionType":"division","heading":"Water Supply","content":"Division 3—Water Supply\n3.3.1 Water Supply\n3.3.2 Rain Water Tanks\n3.3.3 Wells\n3.3.4 Pollution\n","sortOrder":5},{"sectionNumber":"Div 4","sectionType":"division","heading":"Second-hand Furniture, Bedding and Clothing","content":"Division 4—Second-hand Furniture, Bedding and Clothing\n3.4.1 Prohibition on Sale\n3.4.2 Prohibition of Possession\n\n6030 GOVERNMENT GAZETTE, WA 22 December 2017\nDivision 5—Morgues\n3.5.1 Licensing of Morgues\nPART 4—WASTE FOOD AND REFUSE\nDivision 1—Liquid Refuse\n4.1.1 Interpretation\n4.1.2 Drainage of Liquid Refuse\n4.1.3 Disposal of Liquid Waste\n4.1.4 Approval for Septic Tank Pump Outs and Removal of Liquid Waste\nDivision 2—Disposal of Refuse\n4.2.1 Interpretation\n4.2.2 Receptacles\n4.2.3 Exemption\n4.2.4 Use of Receptacles\n4.2.5 Ownership of Receptacles\n4.2.6 Damage to Receptacles\n4.2.7 Use of Other Containers\n4.2.8 Suitable Enclosure\n4.2.9 Building Construction\n4.2.10 Deposit of Refuse\n4.2.11 Removal from Refuse Disposal Site\n4.2.12 Removal of Rubbish from Premises or Receptacle\n4.2.13 Burning or Rubbish or Refuse\nDivision 3—Transport of Butchers’ Waste\n4.3.1 Interpretation\n4.3.2 Restriction of Vehicles\n4.3.3 Transport of Butchers’ Waste\n","sortOrder":6},{"sectionNumber":"Part 5","sectionType":"part","heading":"NUISANCES AND GENERAL","content":"PART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n5.1.1 Interpretation\n5.1.2 Footpaths etc. to be kept clean\n5.1.3 Escape of Smoke etc.\n5.1.4 Public Vehicles to be kept clean\n5.1.5 Transportation, Use and Storage or Offal or Blood\n5.1.6 Use or Storage of Fertiliser\n5.1.7 Storage and Dispatch of Artificial Fertiliser\n5.1.8 Storage of Fertiliser in a Dwelling House\nDivision 2—Keeping of Animals and Birds\n5.2.1 Interpretation\n5.2.2 Cleanliness\n5.2.3 Animal Enclosures\n5.2.4 Slaughter of Animals\n5.2.5 Disposal of Dead Animals\nDivision 3—Keeping of Large Animals\n5.3.1 Interpretation\n5.3.2 Keeping of Pigs\n5.3.3 Keeping of Large Animals and Provision of Stables\n5.3.4 Manure Receptacle\nDivision 4—Keeping of Poultry and Pigeons\n5.4.1 Interpretation\n5.4.2 Limitation on Numbers of Poultry\n5.4.3 Conditions of Keeping Poultry in Limited Numbers\n5.4.4 Keeping of Poultry within a Townsite\n5.4.5 Roosters\n5.4.6 Pigeons or Doves\n5.4.7 Removal of Non-Conforming Structures or Enclosures\n5.4.8 Restrictions on Pigeon Nesting or Perching\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Car Parks","content":"Division 5—Car Parks\n5.7.1 Interpretation\n5.7.2 Ventilation\n5.7.3 Exhaust Air Discharge Points and Exhaust Registers\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6031\nPART 6—PEST CONTROL\nDivision 1—Flies\n6.1.1 Interpretation\n6.1.2 Fly Breeding Matter not to be left on Premises unless covered or Treated\n6.1.3 Measures to be taken by an Occupier\n6.1.4 Officer may give Notice directing Measures to be taken\n6.1.5 Local government may Execute Work and Recover Costs\nDivision 2—Mosquitoes\n6.2.1 Interpretation\n6.2.2 Premises to be kept free of Mosquito Breeding Matter\n6.2.3 Measures to be taken to prevent Mosquito Breeding\n6.2.4 Local government may execute and Recover costs\nDivision 3—Rodents\n6.3.1 Interpretation\n6.3.2 Measures to be taken to eradicate Rodents\n6.3.3 Food and Wastes to be kept in Rodent Proof Receptacles\n6.3.4 Restrictions on the Keeping of Rats\n6.3.5 Food Premises etc. to be cleaned after Use\nDivision 4—Cockroaches\n6.4.1 Interpretation\n6.4.2 Measures to be taken to eradicate Cockroaches\nDivision 5—Argentine Ants\n6.5.1 Interpretation\n6.5.2 Measures to be taken to keep premises free from Argentine Ants\n","sortOrder":8},{"sectionNumber":"Div 6","sectionType":"division","heading":"European Wasps","content":"Division 6—European Wasps\n6.6.1 Interpretation\n6.6.2 Measures to be taken to keep premises free from European Wasp Nests\n","sortOrder":9},{"sectionNumber":"Div 7","sectionType":"division","heading":"Bee Keeping","content":"Division 7—Bee Keeping\n6.7.1 Interpretation\n6.7.2 Limitation on number of Hives\n6.7.3 Restrictions on keeping of Bees in Hives\n6.7.4 Bees which cause a nuisance are not to be kept\n","sortOrder":10},{"sectionNumber":"Div 8","sectionType":"division","heading":"Arthropod Vectors of Disease","content":"Division 8—Arthropod Vectors of Disease\n6.8.1 Interpretation\n6.8.2 Responsibility of the Owner or Occupier\n","sortOrder":11},{"sectionNumber":"Part 7","sectionType":"part","heading":"INFECTIOUS DISEASES","content":"PART 7—INFECTIOUS DISEASES\nDivision 1—General Provisions\n7.1.1 Requirement for an Owner or Occupier to clean, disinfect and disinfest\n7.1.2 Environmental Health Officers may disinfect or disinfest premises\n7.1.3 Insanitary dwelling houses, premises and things\n7.1.4 Medical Officer may authorise disinfecting\n7.1.5 Persons in contact with an infectious disease sufferer\n7.1.6 Declaration of infected dwelling house or premises\n7.1.7 Destruction of infected animals\n7.1.8 Disposal of a body\n7.1.9 Local government may carry out work and recover costs\nDivision 2—Disposal of used condoms and needles\n7.2.1 Disposal of used condoms\n7.2.2 Disposal of used needles\n","sortOrder":12},{"sectionNumber":"Part 8","sectionType":"part","heading":"LODGING HOUSES","content":"PART 8—LODGING HOUSES\nDivision 1—Registration\n8.1.1 Interpretation\n8.1.2 Lodging House Not to be Kept Unless Registered\n8.1.3 Application for Registration\n\n","sortOrder":13},{"sectionNumber":"6032","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6032 GOVERNMENT GAZETTE, WA 22 December 2017\n8.1.4 Approval of Application\n8.1.5 Renewal of Registration\n8.1.6 Notification upon Sale or Transfer\n8.1.7 Revocation of Registration\nDivision 2—Construction and Use Requirements\n8.2.1 General Construction Requirements\n8.2.2 Insect Screening\n8.2.3 Sanitary Conveniences\n8.2.4 Laundry\n8.2.5 Kitchen\n8.2.6 Cooking Facilities\n8.2.7 Dining Room\n8.2.8 Lounge Room\n8.2.9 Fire prevention and control\n8.2.10 Obstruction of Passages and Stairways\n8.2.11 Fitting of locks\n8.2.12 Restrictions on use of Rooms for Sleeping\n8.2.13 Sleeping Accommodation, Short Term Hostels and Recreational Campsites\n8.2.14 Furnishing etc. of Sleeping Apartments\n8.2.15 Ventilation\n8.2.16 Numbers to be placed on Doors\nDivision 3—Management and Care\n8.3.1 Keeper or Manager to Reside in the Lodging House\n8.3.2 Register of Lodgers\n8.3.3 Keeper Report\n8.3.4 Certificate in Respect of Sleeping Accommodation\n8.3.5 Duplicate keys and inspection\n8.3.6 Room Occupancy\n8.3.7 Infectious Disease\n8.3.8 Maintenance of a Room by a Lodger or Resident\n8.3.9 Cleaning and Maintenance Requirements\n8.3.10 Responsibilities of Lodgers and Residents\n8.3.11 Approval for storage of food\n","sortOrder":14},{"sectionNumber":"Part 9","sectionType":"part","heading":"OFFENSIVE TRADES","content":"PART 9—OFFENSIVE TRADES\nDivision 1—General\n9.1.1 Interpretation\n9.1.2 Consent to Establish an Offensive Trade\n9.1.3 False Statement\n9.1.4 Registration of Premises\n9.1.5 Certificate of Registration\n9.1.6 Change of Occupier\n9.1.7 Alterations to Premises\nDivision 2—General Duties of an Occupier\n9.2.1 Interpretation\n9.2.2 Cleanliness\n9.2.3 Rats and Other Vectors of Disease\n9.2.4 Sanitary Conveniences and Hand Wash Basins\n9.2.5 Painting of Walls etc.\n9.2.6 Eluvia, Vapours or Gases\n9.2.7 Offensive Material\n9.2.8 Storage of Materials\n9.2.9 Specified Offensive Trade\n9.2.10 Directions\n9.2.11 Other Duties of Occupier\nDivision 3—Fish Premises\n9.3.1 Interpretation\n9.3.2 Duties of an Occupier\n9.3.3 Disposal of Waste\n9.3.4 Fish Containers\nDivision 4—Laundries, Dry Cleaning Establishments and Dye Works\n9.4.1 Interpretation\n9.4.2 Receiving Depot\n9.4.3 Reception Room\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6033\n9.4.4 Walls and Floors\n9.4.5 Laundry Floor\n9.4.6 Escape of Dust\n9.4.7 Precautions against Combustion\n9.4.8 Trolleys\n9.4.9 Sleeping on Premises\nDivision 5—Piggeries\n9.5.1 Interpretation\n9.5.2 Limitation to Registration\n9.5.3 Conditions of Registration\n9.5.4 Sties, Enclosures or Sheds\n9.5.5 Slaughtering\n9.5.6 Feed\n9.5.7 Fencing\n9.5.8 Water Supply\n9.5.9 Feeding Troughs\n9.5.10 Prevention of Nuisances\n","sortOrder":15},{"sectionNumber":"Part 10","sectionType":"part","heading":"OFFENCES AND PENALTIES","content":"PART 10—OFFENCES AND PENALTIES\n10.1.1 Interpretation\n10.1.2 Offences and Penalties\n10.1.3 Modified Penalties\n10.1.4 Issue of an Infringement Notice\n10.1.5 Failure to pay Modified Penalty\n10.1.6 Payment of Modified Penalty\n10.1.7 Withdrawal of an Infringement Notice\n10.1.8 Service\nSCHEDULE 1—APPLICATION FOR REGISTRATION OF A LODGING HOUSE\nSCHEDULE 2—CERTIFICATE OF REGISTRATION OF A LODGING HOUSE\nSCHEDULE 3—APPLICATION FOR REGISTRATION OF A LODGING HOUSE\nSCHEDULE 4—REGISTER OF LODGERS\nSCHEDULE 5—LIST OF LODGERS\nSCHEDULE 6—CERTIFICATE OF SLEEPING ACCOMMODATION\nSCHEDULE 7—CERTIFICATE OF SLEEPING ACCOMODATION FOR A LODGING HOUSE\nWITH MORE THAN 20 SLEEPING APARTMENTS\nSCHEDULE 8—APPLICATION FOR LICENCE OF A MORGUE\nSCHEDULE 9—CERTIFICATE OF LICENCE OF A MORGUE\nSCHEDULE 10—APPLICATION FOR CONSENT TO ESTABLISH AN OFFENSIVE TRADE\nSCHEDULE 11—APPLICATION FOR REGISTRATION OF PREMISES FOR\nOFFENSIVE TRADE\nSCHEDULE 12—CERTIFICATE FOR REGISTRATION OF PREMISES FOR\nOFFENSIVE TRADE\nSCHEDULE 13—OFFENCES IN RESPECT FOR WHICH A MODIFIED PENALTY APPLIES\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6035\nUnder the powers conferred by subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995\nand under all other powers enabling it, the Council of the Shire of Toodyay resolved on 28 November\n2017 to make the following local law.\nPART 1—PRELIMINARY\n1.1.1 Citation\nThis local law may be cited as the Shire of Toodyay Health Local Law 2017.\n1.1.2 Repeal\n(i) The Model By-Laws-Series ‘‘A’’ published in the Government Gazette on 20 November 1914 that\nwere adopted at a meeting of the Toodyay Road Board on 15 July 1924 and published in the\nGovernment Gazette on 15 July 1924, and amended from time to time, are repealed;\n(ii) The Model By-Laws-Series ‘‘A’’ published in the Government Gazette on 4 December 1944 that\nwere adopted at a meeting of the Toodyay Road Board on 17 May 1954 and published in the\nGovernment Gazette on 20 August 1954, and amended from time to time, are repealed;\n(iii) The Model By-Laws-Series ‘‘A’’ published in the Government Gazette on 9 August 1956 that were\nadopted at a meeting of the Toodyay District Road Board on 13 October 1956 and published in the\nGovernment Gazette on 12 December 1956, and amended from time to time, are repealed;\n(iv) The Model By-Laws-Series ‘‘A’’ published in the Government Gazette on 17 July 1963 that were\nadopted at a meeting of the Shire of Toodyay Council on 17 February 1964 and published in the\nGovernment Gazette on 29 April 1964, and amended from time to time, are repealed.\n1.1.3 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n1.1.4 Application\nThis local law applies throughout the district.\n1.1.5 Interpretation\n(1) In this local law, unless the context otherwise requires—\nAct means Health (Miscellaneous Provisions) Act 1911 and includes subsidiary legislation made\nunder 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 of the Shire of Toodyay;\nAS or AS/NZS means Australian Standard or Australian/New Zealand Standard published by\nthe Standards Association of Australia as amended from time to time;\nAS/NZS ISO 717.1:2004 means the standard published by the Standards Association of\nAustralia as AS/NZS ISO 717.1:2004 as amended from time to time and called ‘Acoustics—\nRating of sound insulation in building and of building elements—Airborne sound insulation’;\nAS/NZS 3666.2:2011 means the standard published by the Standards Association of Australia as\nAS/NZS 3666.2:2011 as amended from time to time and called ‘Air-handling and water\nsystems of buildings—Microbial control operation and maintenance’;\nAS 1668.2-2002 means the standard published by the Standards Association of Australia as\nAS 1668.2-2002 as amended from time to time and called ‘The use of ventilation and\nairconditioning in buildings—Ventilation design for indoor air contaminant control’;\nAS 1668.2:2012 means the standard published by the Standards Association of Australia as\nAS 1668.2:2012 as amended from time to time and called ‘The use of ventilation and\nairconditioning in building—Mechanical ventilation in buildings’;\nAS 1875-1976 means the standard published by the Standards Association of Australia as\nAS 1875-1976 as amended from time to time and called ‘Domestic incinerators (fire safety)’;\n\n","sortOrder":16},{"sectionNumber":"6036","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6036 GOVERNMENT GAZETTE, WA 22 December 2017\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;\nCertificate of Registration means a certificate issued under clause 9.1.5;\nCEO means the Chief Executive Officer of the Shire of Toodyay and includes an Acting Chief\nExecutive Officer;\nCouncil means the local government of the Shire of Toodyay;\ndistrict means the district of the Shire of Toodyay and included any area placed under the\njurisdiction of the local government pursuant to section 22 of the Act;\ndwelling house means a place of residence containing at least one sleeping room and includes a\nroom or outbuilding separate from, but ancillary to, the building in which the sleeping room is\nlocated;\nEnergy Safety WA means the Energy Safety division of the Department of Mines, Industry\nRegulation and Safety;\nEnvironmental Health Officer means an Environmental Health Officer appointed by the local\ngovernment under the Act and included an Acting or Assistant Environmental Health Officer;\nflies means any of the two-winged insects constituting the order Diptera commonly known as\nflies;\nFood Standards Code means the Australian New Zealand Food Standards Code as defined in\nthe Commonwealth Food Standards Australia New Zealand Act 1991 as amended from time\nto time;\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 not for extended periods;\nhot water means at a temperature of at least 65 degrees Celsius;\nlocal government means the Shire of Toodyay;\nLocal Planning Scheme has the meaning given to it by the Planning and Development\nAct 2005;\nMedical Officer means the Medical Officer appointed by the local government under the Act and\nincludes an Acting Medical Officer so appointed;\npublic place includes every place to which the public ordinarily have access, whether by\npayment of fee or not;\nRegulations means the Local Government (Functions and General) Regulations 1996;\nsanitary convenience includes urinals, water-closets, earth-closets, privies, sinks, baths, wash\ntroughs, apparatus for the treatment of sewage, ash-pit, ash-tub, 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 local government;\nstreet includes any highway, and any public bridge, and any road, lane, footway, square, court,\nalley or passage, whether a thoroughfare or not;\ntoilet means a water closet, earth closet, privy or urinal and includes a room or cubicle in which\none or more of these are located;\ntownsite means all townsites within the district which are—\n(a) constituted under Section 26(2) of the Land Administration Act 1997; or\n(b) referred to in clause 37 of Schedule 9.3 of the Local Government Act 1995;\nvectors of disease mean 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;\nwater means drinking water within the meaning of the Guidelines for Drinking Water Quality in\nAustralia 2011 as published by the National Health and Medical Research Council; 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 the 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\nliability shall be deemed to be imposed jointly and severally on each of the owner or occupier.\n(3) Where under this local law an act is required to be done or forbidden to be done in relation to any\npremises, the owner or occupier of these 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.\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6037\nPART 2—SANITATION\nDivision 1—Sanitary Conveniences\n2.1.1 Interpretation\nIn this Part, unless the context otherwise requires—\nfestival includes a fair, function or event;\norganiser means a person—\n(a) to whom approval has been granted by the local government to conduct the festival; or\n(b) responsible for the conduct of the festival;\npublic sanitary convenience means a sanitary convenience to which the public ordinarily have\naccess, whether by payment of a fee or not;\ntemporary sanitary convenience means a sanitary convenience, temporarily placed for use\nby—\n(a) patrons in conjunction with a festival; or\n(b) employees at construction sites or the like; and\nurinal may by—\n(a) an individual stall or wall-hung urinal;\n(b) each 600mm length or a continuous urinal trough; or\n(c) a closet pan used in place of a urinal.\n2.1.2 Dwelling house\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless it has\nat least one toilet.\n(2) A room in which a toilet is located shall have adequate lighting.\n2.1.3 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 local law are situated within close proximity and are easily\naccessible to the persons 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 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 basin.\n2.1.4 Outdoor festivals\n(1) The organiser of an outdoor festival must provide sanitary conveniences in accordance with the\nrecommendations contained within the Department of Health’s Guidelines for concerts, events, and\norganised gatherings.\n(2) Where, under subclause (1), the number of a particular sanitary convenience to be provided is not\na whole number, that number shall be rounded up to the next higher whole number.\n2.1.5 Toilets\n(1) Toilets on premises shall be maintained in accordance with the following requirements—\n(a) the door to a toilet, other than an internal toilet, shall be properly screened to a continuous\nheight of 1.8 metres from the floor; and\n(b) a toilet or its entrance which is visible from overlooking windows shall be properly screened.\n(2) Toilets on premises other than a dwelling house shall be maintained in accordance with the\nfollowing additional requirements—\n(a) a toilet for the exclusive use of males shall not adjoin any toilet for the exclusive use of\nfemales unless the toilets are separated by a wall extending from the floor to ceiling and of\nsufficient density to have a sound transmission class of not less than 50 as required by\nAS/NZS ISO 717.1:2004; and\n\n","sortOrder":17},{"sectionNumber":"6038","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6038 GOVERNMENT GAZETTE, WA 22 December 2017\n(b) where more than one toilet is provided on the premises, the entrance to each toilet shall bear\na suitable sign indicating for which sex its use is intended.\n2.1.6 Temporary works\nA person who undertakes temporary work at any place shall ensure every temporary sanitary\nconvenience is installed and maintained in accordance with the requirements of the Health\n(Temporary Sanitary Conveniences) Regulations 1997.\n2.1.7 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, all\nsanitary 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 all sanitary conveniences including sanitary fittings\nin or on the premises.\n2.1.8 Ventilation of toilet\nA toilet in any premises shall be ventilated in accordance with the Sewage (Lighting, Ventilation and\nConstruction) Regulations 1971 and the Building Code.\n2.1.9 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 fittings on the premises in or on which the sanitary\nconvenience 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.\n2.1.10 Lighting\nThe owner and the occupier of a premises in which a sanitary convenience or a public sanitary\nconvenience is located shall provide and maintain sufficient natural or a minimum of 80 lux of\nartificial lighting for persons using the convenience.\n2.1.11 Installation\nEvery temporary sanitary convenience shall be installed in accordance with the requirements of the\nCountry Areas Water Supply Act 1947 and the Water Services Act 2012 and shall have an adequate\nsupply of water.\nDivision 2—Bathrooms, Laundries and Kitchens\n2.2.1 Bathrooms\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nbathroom that—\n(a) is adequately lined with an impervious material and has an adequate ceiling;\n(b) complies with the Health Act (Laundries and Bathrooms) Regulations; and\n(c) is equipped with—\n(i) a hand wash basin; and\n(ii) either a shower in a shower recess or a bath.\n(2) All baths, showers, hand wash basin and similar sanitary fittings shall be provided with an\nadequate supply of hot and cold water.\n2.2.2 Laundries and toilets\n(1) A laundry must conform to the provisions of the Building Code.\n(2) Where, in any building, a laundry is situated adjacent to a kitchen or a room where food is stored\nor consumed, the laundry shall be separated from the kitchen or room where food is stored or\nconsumed by a wall extending from the floor to the roof or ceiling.\n(3) Where there is an opening in a wall between a laundry and a kitchen or room where food is\nprepared or consumed, the opening shall—\n(a) not be more than 1220 millimetres wide; and\n(b) have a door which when closed shall completely fill the opening.\n(4) Toilets not to be situated adjacent to a kitchen or a room where food is stored or consumed\nhowever if a toilet is situated adjacent to a kitchen or a room where food is stored or consumed it shall\nbe separated by a self-closing door.\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6039\n2.2.3 Kitchens\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nkitchen equipped with—\n(a) a cooking facility; and\n(b) a sink which shall—\n(i) be at least 380 millimetres long, 300 millimetres wide and 150 millimetres deep; and\n(ii) have an adequate supply of hot and cold water.\n(2) The occupier of a dwelling house shall ensure that the cooking facility and sink are kept clean, in\ngood order and repair and fit for use.\n(3) A cooking facility shall—\n(a) be installed in accordance with the requirements of Energy Safety WA and the\nmanufacturer’s written specifications; and\n(b) not be installed in any other room other than a kitchen.\n(4) Mechanical ventilation is to be provided in a kitchen and the exhaust air shall be—\n(a) carried to the outside air as directly as practicable unless adequately filtered for recirculation;\nand\n(b) boxed throughout.\n(5) In this clause, a cooking facility includes a stove, oven, facility or appliance used for or in\nconnection with the cooking of food.\n","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"HOUSING AND GENERAL","content":"PART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of Dwelling Houses\n3.1.1 Dwelling house maintenance\nThe owner or occupier of a dwelling house shall maintain the dwelling house and/or any appurtenant\nbuildings in sound condition and fit for use and, in particular, shall—\n(a) maintain all roofs and where required to be provided, guttering and downpipes in sound\nweatherproof conditions;\n(b) maintain any footing, foundations and walls, either external or internal, in a sound condition;\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 or sound\nquality;\n(d) comply with the directions of an Environmental Health Officer to treat the premises for the\npurpose of controlling 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 in surface and free from cracks;\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(l) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewerage so\nthat they comply with all aspects with the provisions of the Water Services Act 2012 and any\nother legal requirements to which they are subject; and\n(m) maintain all electric wiring, gas services and fittings to comply in all respects with the\nrequirements of Energy Safety WA.\n3.1.2 Maintenance of guttering and downpipes and disposal of rainwater\nThe owner or occupier of a dwelling 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) take all reasonable and practicable steps to prevent any rainwater from the premises to\ndischarge onto or over a footpath, street or other property.\nDivision 2—Ventilation of Dwelling Houses\n3.2.1 Exemption for short term hostels and recreation campsites\nThis Division shall not apply to short term hostels and recreational campsites referred to in Part 8 of\nthis local law.\n3.2.2 Overcrowding\nThe owner or occupier of a dwelling house shall not permit—\n(a) a room in the dwelling house that is not a habitable room to be used for sleeping purposes; or\n\n","sortOrder":19},{"sectionNumber":"6040","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6040 GOVERNMENT GAZETTE, WA 22 December 2017\n(b) a habitable room in the dwelling 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\nmeters 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 meters of\nair space per person; or\n(c) any garage or shed to be used for sleeping purposes.\n3.2.3 Calculate sufficient space\nFor the purposes of clause 3.2.2, in calculating the space required for each area—\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 one time; and\n(b) a deduction shall be made for the space occupied by furniture, fittings and projections of the\nwalls into a room.\n3.2.4 Ventilation\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless the\ndwelling house is properly ventilated.\n(2) For the purposes of subclause (1) a dwelling house shall be deemed to be properly ventilated if it\ncomplies with the Building Code, including the provision of—\n(a) natural ventilation; or\n(b) a mechanical ventilation or air-conditioning system with AS 1668.2:2012.\n(3) The owner of a dwelling house provided with a mechanical ventilation or air-conditioning system\nas its only or prime means of ventilation shall ensure that the system is—\n(a) maintained in good working condition in accordance with AS/NZS 3666.2:2011 as amended\nfrom time to time; and\n(b) in use at all times the building is occupied.\n(4) If, in the opinion of an Environmental Health Officer, a dwelling house is not properly ventilated,\nthe local government may by notice require the owner of the dwelling house to—\n(a) provide a different, or additional method of ventilations; or\n(b) cease using the dwelling house until it is properly ventilated.\n(5) The owner shall comply with a notice under subclause (4).\n3.2.5 Sub-floor ventilation\nThe owner or occupier of a dwelling house with sub-floors shall make provisions for sub-floor\nventilation by ensuring that air bricks and other openings are kept clear of refuse, vegetation,\nbuilding materials, dirt, excessive moisture and the like.\nDivision 3—Water Supply\n3.3.1 Water supply\n(1) The owner of a dwelling house shall provide a continuous supply of potable drinking water\nobtained from—\n(a) a licensed water service operator;\n(b) an underground bore;\n(c) a rainwater storage system with a storage capacity to the satisfaction of the local\ngovernment; and\nsuch supply shall be reticulated for use in connection with all sewerage and drainage fixtures.\n(2) The water supply shall at all times be capable of delivering an adequate supply of drinking water\nto each tap in the dwelling house.\n(3) The water supply to toilets or for garden use may be from a source other than drinking water that\nwill not create a health hazard.\n3.3.2 Rainwater tanks\n(1) The owner or occupier of a dwelling house for which part of the water supply is drawn from a\nrainwater tank shall—\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 rainwater tank is fitted with tight-fitting mosquito proof cover or be\notherwise sealed to prevent mosquitoes entering the tank which shall not be removed at any\ntime except for the purpose of cleaning, repairing or maintaining the tanks;\n(c) thoroughly clean and disinfect each tank when appropriate, or when directed by an\nEnvironmental Health Officer to do so.\n(2) The owner or occupier of any non-residential premises in which rainwater and/ or bore water is\nused for human consumption shall—\n(a) once every calendar month, and prior to first use, have the bacterial quality of each individual\nwater source tested in accordance with the Australian Drinking Water Guidelines 2011, as\namended from time to time, published by the National Health and Medical Research Council;\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6041\n(b) disinfect the water supply prior to entry into the premises and monitor and record the level of\ndisinfection and pH of the water on a daily basis;\n(c) where chlorine is used as the method of disinfection, ensure a free residual chlorine level of\nbetween 0.2 milligrams per litre and 0.5 milligram per litre in the water received from any\noutlet used for drinking purposes; and\n(d) ensure the pH of the water received from any outlet used for drinking purposes is maintained\nbetween 7.2 and 7.8.\n3.3.3 Bores and 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 Executive Director, Public Health;\n(b) covered with a tight-fitting cover without openings of any sort other than those essential for\nthe insertion of a pump; and\n(c) tested in accordance with the Australian Drinking Water Guidelines 2011, as amended from\ntime to time, published by the National Health and Medical Research Council, for bacterial\nand chemical quality, or as directed by an Environmental Health Officer.\n3.3.4 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—Second-hand Furniture, Bedding and Clothing\n3.4.1 Prohibition on sale\nA person shall not offer for sale or sell any second-hand furniture, bedding or clothing which is filthy\nor infested with vectors of disease.\n3.4.2 Prohibition of possession\nA dealer in second-hand furniture, bedding or clothing shall not have on any premises used for the\noperation of the business any second-hand furniture, bedding or clothing which is filthy or infested\nwith vectors of disease.\nDivision 5—Morgues\n3.5.1 Licensing of morgues\n(1) All morgues, other than those of any public hospital or any local government morgues or police\nmorgue, shall be licensed annually in accordance with the requirements of this Division.\n(2) The annual fee for a licence for a place for the temporary reception and keeping of bodies of the\ndead awaiting burial or cremation shall be the fee as fixed from time to time by the local government\nunder Section 344C of the Act.\n(3) An application for a morgue licence shall be in the form set out in Schedule 8.\n(4) A licence shall—\n(a) be in the form set out in Schedule 9; and\n(b) expire on 30 June next after the date of its issue.\n(5) A licence shall not be granted in respect of any premises unless—\n(a) provision has been made for the keeping of bodies of the dead at temperature not exceeding\nzero degrees Celsius;\n(b) the walls are constructed of stone or brickwork or other approved materials;\n(c) the interior surface of all walls is covered with glazed tiles or is rendered impervious so as to\nbe non-absorbent and washable;\n(d) all floors are constructed of impervious material, having a fall to an outlet discharging over a\ntrapped gully;\n(e) the premises are adequately ventilated by direct communication with the outside air.\n","sortOrder":20},{"sectionNumber":"Part 4","sectionType":"part","heading":"WASTE FOOD AND REFUSE","content":"PART 4—WASTE FOOD AND REFUSE\nDivision 1—Liquid Refuse\n4.1.1 Interpretation\napproved carrier means a carrier licensed under the Environmental Protection (Controlled\nWaste) Regulations 2004;\nliquid refuse includes all washings from the commercial cleaning of vehicles, overflow, bleed off,\ncondensate, and drainage from air conditioning equipment including cooling towers and\nevaporative coolers and other liquid used for cooling purposes and swimming pool discharges;\nand\n\n","sortOrder":21},{"sectionNumber":"6042","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6042 GOVERNMENT GAZETTE, WA 22 December 2017\nliquid waste means bathroom, kitchen, scullery and laundry wastes, all washings from animal\nand poultry pens and any other domestic or trade wastes that are discharged by means of a\ndrain to a receptacle for drainage.\n4.1.2 Drainage 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; and\n(c) on any land or place other than a place or depot duly authorised for that purpose.\n4.1.3 Disposal of liquid waste\n(1) The owner or occupier of premises shall—\n(a) provide, by one of the methods prescribed in this clause, for the disposal of all liquid waste\nproduced on the premises; and\n(b) at all times maintain in good working order and condition any apparatus used for the\ndisposal of liquid waste.\n(2) Liquid waste shall be disposed of by one of the following methods—\n(a) discharging it into the sewerage system of a licensed water service operator in a manner\napproved by the licensed water service provider;\n(b) discharging it into an apparatus for the treatment of sewage and disposal of effluent and\nliquid waste approved by the Executive Director, Public Health; or\n(c) collection and disposal at an approved liquid waste disposal site in a manner approved by the\nExecutive Director, Public Health.\n4.1.4 Approval for septic tank pump outs and removal of liquid waste\nA person shall not—\n(a) unless he or she is an approved carrier;\n(b) without the written approval of the local government; and\n(c) except in accordance with any terms and conditions imposed by the local government or the\nExecutive Director, Public Health in connection with the approval under paragraph (b),\ncollect, remove or dispose of the contents of a septic tank, the pump outs from holding tanks or an\napparatus for the treatment of sewage and other liquid wastes.\nDivision 2—Disposal of Refuse\n4.2.1 Interpretation\ncollection time, where used in connection with any premises, means the time when rubbish or\nrefuse is collected and removed from the premises by the local government or its contractors;\npublic place includes a street, way or place which the public are allowed to use, whether street,\nway or place is or is not on private property;\nreceptacle, where used in connection with any premises, means—\n(a) a polyethylene or other approved material cart fitted with wheels, a handle and a lid and\nhaving a capacity of at least 240 litres; or\n(b) a container provided by the local government or its contractor for the deposit, collection\nand recycling of specific materials;\nrefuse disposal site means land set apart by the local government under the Act as a site for the\ndeposit of rubbish or refuse;\nrubbish or refuse includes any filth, dirt, ashes, waste material, waste food, sludge, offensive\nmatter, cinders, wood or metal shavings and sawdust but does not include liquid waste or\nliquid refuse;\nstreet includes—\n(a) a highway;\n(b) a thoroughfare;\nwhich the public are allowed to use and included every part of the highway or thoroughfare,\nand other things including bridges and culverts, appurtenant to it; and\nstreet alignment means the boundary between the land comprising a street and the land that\nabuts thereon, but where a new street alignment is prescribes under the Local Government\n(Miscellaneous Provisions) Act 1960, means the new street alignment so prescribed.\n4.2.2 Receptacles\nAn owner or occupier of premises shall—\n(a) except for a reasonable period before and after collection time, keep the receptacle on the\npremises and located—\n(i) behind the street alignment and so as not be visible from a street or public place; or\n(ii) in such other position as is approved by the local government;\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6043\n(b) within a reasonable period prior to collection time, place the receptacle in the street as close\nas practicable to the street alignment of the premises but so that it does not obstruct any\nfootpath, cycle way, right-of-way or carriage way;\n(c) ensure that the premises is provided with an adequate number of receptacles and maintain\nthe receptacles in a serviceable condition.\n4.2.3 Exemption\n(1) An owner or occupier of premises may apply in writing to the local government for an exemption\nfrom compliance with the requirements of clause 4.2.2(b) and (c).\n(2) The local government may grant or refuse, with or without conditions, an application from\nexemption from compliance under this clause.\n(3) An exemption granted under this clause shall state—\n(a) the premises to which the exemption applies;\n(b) the period during which the exemption applies; and\n(c) any conditions imposed by the local government.\n(4) The local government may rescind the exemption or from time to time vary conditions imposed by\nit under this clause by giving written notice of the variation to the person to whom the exemption was\ngiven.\n4.2.4 Use of receptacles\nAn owner or occupier shall—\n(a) not deposit or permit to be deposited in a receptacle—\n(i) more than 70 kilograms of rubbish or refuse;\n(ii) hot or burning ashes;\n(iii) oil, motor spirit or other flammable liquid;\n(iv) liquid including liquid paint or other solvent;\n(v) bricks, concrete, building rubble, earth or other like substances;\n(vi) drugs, dressings, bandages, swabs or blood samples unless placed in a sealed\nimpervious and leak-proof container;\n(vii) hospital, medical, veterinary, laboratory or pathological substances containing blood\nunless placed in a sealed impervious leak-proof container;\n(viii) syringes, needles, surgical hardware, broken glass, sharps or other sharp objects unless\nplaced in a sealed impervious leak-proof and impenetrable container;\n(ix) cytotoxics, radioactive substances and dangerous chemicals;\n(x) sewage, manure, nightsoil, faeces or urine;\n(xi) any object which is greater in length, width, or breadth than the corresponding\ndimension of the receptacle or which will not allow the lid of the receptacle to be tightly\nclosed;\n(xii) rubbish or refuse which is or is likely to become offensive or a nuisance, or give off an\noffensive or noxious odour, or to attract flies or cause fly breeding unless it is first\nwrapped in non-absorbent or impervious material or placed in a sealed impervious\ncontainer; or\n(xiii) hazardous products including ammunition or flares;\n(b) take reasonable steps to keep the receptacle in a clean condition;\n(c) whenever directed to do so by an Environmental Health Officer, thoroughly clean, disinfect,\ndeodorise and apply a residual insecticide to the receptacle;\n(d) take all reasonable steps to prevent—\n(i) fly breeding and keep the receptacle free of flies, maggots, cockroaches, rodents and\nother vectors of disease; and\n(ii) the emission of offensive and noxious odours from the receptacle; and\n(e) ensure that the receptacle does not cause a nuisance to the occupiers of adjoining premises.\n4.2.5 Ownership of receptacles\n(1) A receptacle supplied by the local government or its contractor, remains the property of the local\ngovernment or its contractor, as the case may be.\n(2) The owner or occupier of a premises supplied with a receptacle remains responsible for any\nrubbish or refuse placed or deposited in the receptacle until such time as it has been removed by local\ngovernment or its contractor.\n4.2.6 Damage to receptacles\nA person, other than the local government or its contractor, shall not damage, destroy or interfere\nwith a receptacle.\n4.2.7 Use of other containers\n(1) In the case of premises consisting of more than 3 dwellings, any premises used for commercial or\nindustrial purposes or as a food premises, the CEO may authorise rubbish or refuse to be deposited in\na container other than a receptacle.\n\n","sortOrder":22},{"sectionNumber":"6044","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6044 GOVERNMENT GAZETTE, WA 22 December 2017\n(2) The owner or occupier of a premises who is authorised under this clause to deposit rubbish or\nrefuse in a container shall—\n(a) unless approved by the CEO, not deposit or permit to be deposited in the container anything\nspecified in clause 4.2.4(a)(ii)-(xii);\n(b) take all reasonable steps to prevent fly breeding in, and the emission of offensive or noxious\nodours from, the container;\n(c) whenever directed by an Environmental Health Officer to do so, thoroughly clean, disinfect,\ndeodorise and apply a residual insecticide to the container;\n(d) cause the container to be located on the premises in an enclosure constructed and located as\napproved by the CEO;\n(e) ensure that the container is not visible from the street but is readily accessible for the\npurpose of collection; and\n(f) ensure that the container does not cause a nuisance to an occupier of adjoining premises.\n(3) An owner or occupier shall—\n(a) provide a sufficient number of containers to contain all rubbish and refuse which accumulates\nor may accumulate in or from the premises;\n(b) ensure that each container on the premises—\n(i) has a close fitting lids; and\n(ii) is constructed of non-absorbent and non-corrosive material;\n(c) keep or cause to be kept each container thoroughly clean and in good condition and repair;\n(d) place any rubbish or refuse in, and only in, a container marked for that purpose;\n(e) keep the cover on each container except when it is necessary to place something in, or remove\nsomething from it; and\n(f) ensure that the containers are emptied at least weekly or as directed by an Environmental\nHealth Officer.\n4.2.8 Suitable enclosure\n(1) An owner or occupier of premises—\n(a) consisting of more than 3 dwelling that have not been provided with individual receptacles; or\n(b) used for commercial, industrial, or as a food premises,\nshall, if required by the local government, provide a suitable enclosure for the storage and cleaning of\nreceptacles on the premises.\n(2) An owner or occupier of premises required to provide a suitable enclosure under this clause shall\nkeep the enclosure thoroughly clean and disinfected.\n(3) For the purposes of this clause, a ‘‘suitable enclosure’’ means an enclosure—\n(a) a sufficient size to accommodate all receptacles used on the premises but in any event having\na floor area not less than a size approved by the local government;\n(b) constructed of brick, concrete, corrugated compressed fibre cement sheet or other material of\nsuitable thickness approved by the local government;\n(c) having walls not less than 1.5 metres in height and having an access way of not less than\n1 metre in width and fitted with a self-closing gate;\n(d) containing a smooth, non-slip and impervious floor—\n(i) of not less than 75 millimetres in thickness; and\n(ii) which is evenly graded to an approved liquid refuse disposal system;\n(e) which is easily accessible to allow for the removal of the receptacles; and\n(f) provided with a tap connected to an adequate supply of water.\n4.2.9 Building construction\n(1) During all periods of construction on any building site, the builder shall—\n(a) when requested by an Environmental Health Officer, provide and maintain on such site a\nrubbish disposal bin, being either -\n(i) a bin of not less than 4 cubic metres in capacity; or\n(ii) a receptacle or other container approved by the CEO;\n(b) keep such site free of rubbish and offensive matter; and\n(c) maintain the street verge immediately adjacent to such site free of rubbish or offensive\nmatter.\n(2) On completion of construction, the builder shall immediately clear the site and the adjacent street\nverge of all rubbish, waste materials and offensive matter and all rubbish bins provided by the\nbuilder.\n(3) In subclauses (1) and (2), ‘‘rubbish’’ includes all discarded stone, brick, lime, timber, metal, tiles,\nbags, plastics, and any broken, used, or discarded matter.\n4.2.10 Deposit of refuse\n(1) A person shall not deposit or cause or permit to be deposited any rubbish or refuse in or on any\nstreet or on any land other than a refuse disposal site.\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6045\n(2) The driver of a vehicle, upon entering a refuse disposal site, shall present or display a current pass\nissued by the local government, to the attendant or person in charge of the site and shall not deposit\nany rubbish or refuse until authorised to do so by the attendant or person in charge.\n(3) A person shall not deposit refuse or rubbish in or on a refuse disposal site except—\n(a) at such on the site as may be directed by the person in charge of the site; or\n(b) if the person in charge is not in attendance at the site, as may be directed by a notice erected\non the site.\n4.2.11 Removal from refuse disposal site\n(1) A person shall not remove any rubbish or refuse from a refuse disposal site without the written\napproval of the local government.\n(2) A person who obtains approval from the local government shall comply with any conditions\nimposed by the local government and set out in the approval.\n4.2.12 Removal of rubbish from premises or receptacle\n(1) A person shall not remove any rubbish or refuse from premises unless that person is—\n(a) the owner or occupier of the premises;\n(b) authorised to do so by the owner or occupier of the premises; or\n(c) authorised in writing to do so by the local government.\n(2) A person shall not, without the approval of the local government or the owner of a receptacle,\nremove any rubbish or refuse from the receptacle or other container provided for the use of the\ngeneral public in a public place.\n4.2.13 Burning or rubbish or refuse\n(1) A person shall not—\n(a) without the approval of the local government; and\n(b) except in accordance with the terms and condition to which the approval is subject, set fire to,\nor cause to be set on fire, any rubbish or refuse either—\n(i) in any incinerator; or\n(ii) on the ground.\n(2) Subject to subclause (3), an approval of the local government is issued subject to the following\nconditions—\n(a) the material to be burnt—\n(i) does not include any plastic, rubber, food scraps and other material which may become\noffensive when burnt; and\n(ii) is of such quantity, or of such a nature, as to be unsuitable for removal by the local\ngovernment’s refuse collection service; and\n(b) there is no other appropriate means of disposal.\n(3) Burning shall not take place, unless approved by the local government,—\n(a) during any period for which an air dispersion alert for the area has been issued by the\nBureau of Meteorology;\n(b) where there is no current dispersion alert outside of the dwelling house between 10:00am to\n3:00pm; or\n(c) a Total Fire Ban has been declared by Department of Fire and Emergency Services.\n(4) An incinerator used for burning must meet the standards specified in AS 1875-1976; and\n(a) be located at least 3 metres from any boundary, building or inflammable matter; and\n(b) in such a position so as not to create a nuisance or be offensive to other persons.\n(5) Notwithstanding, Part 3 of the Bush Fires Act 1954 must be adhered to at all times and does not\napply to approved bushfire fuel load reduction activities.\nDivision 3—Transport of Butchers’ Waste\n4.3.1 Interpretation\nbutchers’ waste includes animal skeletons and rib cages from a boning room and the inedible\nproducts from an abattoir.\n4.3.2 Restriction of vehicles\nA person shall not use, for the transport of butcher’ waste—\n(a) a vehicle or container other than a vehicle or container which meets the requirements of\nclause 4.3.3;\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.\n\n","sortOrder":23},{"sectionNumber":"6046","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6046 GOVERNMENT GAZETTE, WA 22 December 2017\n4.3.3 Transport of butchers’ waste\n(1) A person shall not transport butchers’ waste otherwise than in—\n(a) a compartment complying with the following specifications—\n(i) 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 door, if any, to be water-tight and kept closed at all times except when\nloading; and\n(iv) the top to be completely covered by a tarpaulin or other impervious sheet material\napproved by an Environmental Health Officer, carried over, and secured to the outside\nof the walls at least 300 millimetres from the top so as to keep the load out of sight of\nthe public;\n(b) a water-tight metal 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 working order and condition; and\n(b) thoroughly cleaned at the conclusion of each day’s work.\n(3) A person shall not load, transport, or unload butchers’ waste in a manner that is or may be\noffensive due to—\n(a) the sight of animal skeletons, bones, offal, or waste matter;\n(b) the odour of putrefaction, offal or waste matter; or\n(c) the presence of blood and particles of flesh or fat dropping onto the surface of the street\npavement or ground.\nPART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n5.1.1 Interpretation\nfertiliser includes manure; and\npublic vehicle means any vehicle to which the public ordinarily has access, whether by payment\nof a fee or not and includes a taxi or bus.\n5.1.2 Footpaths etc. to be kept clean\nAn owner or occupier of premises shall take reasonable steps to keep any footpath, pavement, area or\nright of way immediately adjacent to the premises, clear of any rubbish, matter or other things\ncoming from or belonging to the premises.\n5.1.3 Escape of smoke etc.\nAn owner or occupier shall take reasonable steps to not cause or permit the escape of smoke, dust,\nsand, fumes, offensive or foul odours, liquid waste or liquid refuse from the premises in such quantity\nor of such a nature as to cause or to be a nuisance.\n5.1.4 Public vehicles to be kept clean\nThe owner or person in control of a public vehicle shall—\n(a) maintain the vehicle at all time—\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.\n5.1.5 Transportation, use and storage or offal or blood\nA person shall not transport or store offal or blood, for the purpose of being used as manure, unless it\nhas been sterilised by steam and properly dried.\n5.1.6 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;\n(b) human faeces; or\n(c) urine.\n5.1.7 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;\n(iii) that is adequately ventilated;\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6047\n(b) take proper precautions to prevent the emissions of dust or offensive effluvia from the\nbuilding; and\n(c) ensure that all artificial fertiliser dispatched from the premises is packed in such a manner\nas to prevent any nuisance arising during transit.\n5.1.8 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.\nDivision 2—Keeping of Animals and Birds\n5.2.1 Interpretation\nanimal includes cats, dogs, rabbits and ferrets; and\nbird includes galahs, parrots, budgerigars, finches, pigeons and doves and other domesticated\nbirds.\n5.2.2 Cleanliness\nAn owner or occupier of premises in or on which an animal or bird is kept shall—\n(a) keep the premises free of excrement, filth, food waste and all other matter which is or is likely\nto become offensive or injurious to health or to attract rats or other vectors of disease;\n(b) when so directed by an Environmental Health Officer, clean and disinfect the premises;\n(c) keep the premises, so far from flies or other vectors of disease by spraying with a residual\ninsecticide or other effective means; and\n(d) ensure the animal or bird kept is not causing a nuisance or is injurious, offensive or\ndangerous to health.\n5.2.3 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 an\nEnvironmental Health Officer, pave, grade and drain the floors of all structures and the surface of the\nground of all enclosures used for the keeping of animals and birds.\n5.2.4 Slaughter of animals\n(1) Subject to subclause (2), a person, unless exempted under the Regulation 20 of the Food\nRegulations 2009, shall not slaughter any animal within the district.\n(2) Subclause (1) does not apply to—\n(a) euthanasia of animals by veterinarians or other duly authorised persons;\n(b) farmers, pastoralists and the like who slaughter for their own consumption;\n(c) slaughter of animals for the purposes of pet meat and game meat operations; and\n(d) slaughter of animals for human consumption in abattoirs approved by the local government.\n5.2.5 Disposal of dead animals\n(1) An owner or occupier of premises, other than a veterinary practise, on which there is a dead\nanimal shall immediately remove the carcass as soon as possible, for its disposal at a local\ngovernment approved disposal site.\n(2) An owner or operator of a veterinary practice where dead animals are kept for more than 12 hours\nshall refrigerate the carcasses prior to their removal and disposal, at a local government approved\ndisposal site.\n(3) An owner, or a person having the care of any animal that dies or is killed in a public or private\nplace shall, as soon as possible, remove the carcass and arrange for its disposal at an approved\ndisposal site, except where it may be buried on broadacre farmland by the owner or occupier.\nDivision 3—Keeping of Large Animals\n5.3.1 Interpretation\ncow includes an ox, calf or bull;\nhorse includes an ass, mule, donkey or pony; and\nlarge animal includes an alpaca, cow, horse, sheep, goat, pig, deer, camel, llama, emu, ostrich,\nkangaroo or the like.\n\n","sortOrder":24},{"sectionNumber":"6048","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6048 GOVERNMENT GAZETTE, WA 22 December 2017\n5.3.2 Keeping of pigs\nAn owner or occupier of premises within a townsite shall not keep a pig.\n5.3.3 Keeping of large animals and provision of stables\n(1) An owner or occupier of premises within a townsite shall—\n(a) keep large animals in a manner so as not to create a nuisance and in this respect the local\ngovernment may limit or vary the number of large animals that may be kept on an allotment;\n(b) not keep a horse or cow on those premises without the written approval of the local\ngovernment and such approval notice shall prescribe the number of horses or cows permitted\nto be kept; and\n(c) not keep a horse or cow on an allotment of less than 2000m2 save that local government may,\nat its discretion, waive strict compliance with this requirement with respect to any stable in\nexistence prior to the day of this clause coming into force.\n(2) Subject to subclause (3) an owner or occupier of premises shall not permit a large animal to be\nkept within 15 metres of a dwelling house.\n(3) Local government may permit the keeping of native animals within 15 metres of a dwelling house,\nif it is satisfied the keeping of such animal(s) would not adversely affect the health or amenity of\nresidents in the area.\n(4) An owner or occupier of premises who is required to and has obtained approval to keep a horse\nshall provide for its use a stable which shall—\n(a) not be situated within 15 metres of a dwelling house or other premises;\n(b) have a proper separate stall for each horse or cow and the floor area of which shall be a\nminimum of 11 square metres;\n(c) have each wall and roof constructed of an impervious material;\n(d) have on all sides of the building between the wall and the roof a clear opening of at least\n150 millimetres in height; and\n(e) subject to subclause (3), have a floor, the upper surface of which shall—\n(i) be raised at least 75 millimetres above the surface of the ground;\n(ii) be constructed of approved material; and when required\n(iii) have a fall of 1 in 100 to a drain which shall empty in a trapped gully outside the stable\nand shall discharge in a manner approved by the local government.\n(5) The construction of any stable with a sand floor may be permitted by local government, subject to\nthe following conditions -\n(a) the site must be well drained with the highest known water table no closer than 1.5 metres\noff the ground or sand floor level, which may be achieved artificially;\n(b) whether natural or imported sand, it must be clean, coarse and free of dust;\n(c) footings to each stable shall be a minimum of 450mm below ground level;\n(d) the stable design must allow for the access of small machinery, such a bobcat, into each\nindividual stall to maintain the correct floor height;\n(e) the minimum floor area of each stall shall not be less than 28 metres and wall shall not be\nless than 50% of the floor area; and\n(f) in all other respects, subclause (2) shall apply to the stable building.\n(6) The owner of occupier of premises on which a stable is located shall—\n(a) maintain the stable in a clean condition and clean, wash and disinfect it when so directed by\nan Environmental Health Officer;\n(b) keep all parts of the stable so far as possible free from flies or other vectors of disease by\nspraying 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.\n(7) In areas other than residential areas, the local government may vary the requirements to provide\na stable.\n5.3.4 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, constructed of smooth,\nimpervious, durable material that is easily cleanable and provided with a tight-fitting cover,\nand with no part of the receptacle base being lower than the adjoining ground;\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.\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6049\nDivision 4—Keeping of Poultry and Pigeons\n5.4.1 Interpretation\naffiliated person means any person who is a member of—\n(a) The Pigeon Racing Federation of Western Australia;\n(b) The Fancy Utility Pigeon Club of Western Australia; or\n(c) any other properly constituted Pigeon Club, Bantam Club and the like; and\npoultry includes fowls, peafowls, turkeys, geese, ducks and other domestic fowls.\n5.4.2 Limitation on numbers of poultry\nAn owner or occupier of premises within a townsite shall not keep a combined total of more than\n6 poultry without the approval of local government, on any one lot of land.\n5.4.3 Conditions of 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 15 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 properly constructed and securely fastened structure or enclosure;\n(c) the structure or enclosure is in the yard having an otherwise obstructed area of at least\n30 square metres;\n(d) all enclosure 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; and\n(e) no poultry is able to approach within 1 metre of boundary of the premises.\n5.4.4 Keeping of poultry within a townsite\n(1) An owner or occupier of premises within a townsite, shall not without the written approval of the\nlocal government, keep or permit to be kept on those premises, any one or more of the following fowl—\n(a) a goose or gander;\n(b) a turkey;\n(c) a peacock or peahen; or\n(d) a gamebird (includes emus and ostriches).\n(2) The local government may upon written application, grant approval with or without conditions to\nthe owner of occupier of premises to keep any one 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 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 birds specified in the approval is causing a nuisance or is injurious, offensive or\ndangerous to health.\n5.4.5 Roosters\n(1) An owner or occupier of premises shall not—\n(a) without the written approval of the local government; or\n(b) except in accordance with any conditions imposed by the local government in connection with\nthe approval under paragraph (a), or\nkeep or permit a rooster to be kept on the premises.\n(2) The local government may, upon written application, grant approval with or without conditions to\nthe owner or occupier of premises to keep on the premises a specified number of roosters.\n5.4.6 Pigeons or doves\n(1) A person who keeps, or permits to be kept, pigeons or doves shall ensure that—\n(a) none is able to approach within 15 metres of a dwelling, public building or premises where\npeople are employed or where food is stored, prepared, manufactured or sold; and\n(b) except where registered homing pigeons are freed for exercise, the pigeons or doves are kept\nin properly constructed pigeon lofts or dovecote that—\n(i) is in a yard having an otherwise unobstructed area of at least 30 metres; and\n(ii) is maintained in such a manner as not to create a nuisance by emission of dust, effluvia\nor odours.\n(c) where pigeons are kept in accordance with the Code of Practice—and where there is any\ninconsistency with this local law and the Code of Practice, the provisions of this local law\nshall prevail.\n(2) An owner or occupier of a premises in prescribed areas—\n(a) who is not an Affiliated Person, shall not keep a combined total of more than 6 pigeons or\ndoves; and\n(b) who is an Affiliated Person, shall not keep a combined total of more than 20 pigeons or doves.\n\n","sortOrder":25},{"sectionNumber":"6050","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6050 GOVERNMENT GAZETTE, WA 22 December 2017\n5.4.7 Removal of non-conforming structures or enclosures\n(1) If a structure or enclosure is used for the keeping of poultry or pigeons or doves contrary to the\nprovision of clause 5.4.3 and 5.4.6, 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.\n5.4.8 Restrictions on pigeons and swallows nesting or perching\n(1) The local government may order an owner or occupier of a residential, industrial or commercial\nproperty in or on which pigeons and swallows are, or are in the habit of, nesting or perching to take\nadequate steps to prevent them continuing to do so.\n(2) An owner or occupier shall comply with the local government order under this clause.\nDivision 5—Car Parks\n5.7.1 Interpretation\ncar parks means premises, or part of premises, set aside for temporary parking or 3 or more\nvehicles; and\noccupier means a person having charge, management or control of a car park.\n5.7.2 Ventilation\n(1) A person shall not use or occupy, or permit to be used or occupied, a car park unless it is ventilated\nby either—\n(a) natural ventilation; or\n(b) mechanical ventilation,\nin accordance with AS1688.2—2002 as amended from time to time.\n(2) If, in the opinion of the local government, a car park is not properly ventilated, the local\ngovernment may by notice require the occupier within a specified time to—\n(a) provide a different or additional method of ventilation; and\n(b) cease using the car park until it is properly ventilated.\n(3) An occupier shall comply with a notice under subclause (2).\n5.7.3 Exhaust air discharge points and exhaust registers\nAn owner or occupier shall ensure that—\n(a) all exhaust air that is discharged from a car park shall be discharged\n(i) at discharge points\n(A) in accordance with AS1688.2—2002 as amended from time to time; and\n(B) located so that the hourly average exhaust flow rate is not reduced below the\nminimum requirements of AS1688.2—2002 as amended from time to time.\n(ii) at a velocity and in a direction so as not to be a danger to health or a nuisance.\n(b) exhaust registers are located as far as possible from the source of supply air;\n(c) in the case of a car park having a floor level below that of the external ground level, at least\n50% of the required air is drawn into exhaust registers having their bottom edge located\nwithin 100 millimetres of the floor level; and\n(d) any mechanical ventilation is—\n(i) maintained in good working condition; and\n(ii) in operation at all times when the car park is in use.\n","sortOrder":26},{"sectionNumber":"Part 6","sectionType":"part","heading":"PEST CONTROL","content":"PART 6—PEST CONTROL\nDivision 1—Flies\n6.1.1 Interpretation\nflies means any of the two-winged insects constituting the order Diptera commonly known as\nflies.\n6.1.2 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 the matter or thing is covered, protected, treated or dealt with in such\na manner as to effectively prevent it from attracting or being a breeding place for flies.\n6.1.3 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\n22 December 2017 GOVERNMENT GAZETTE, WA 6051\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 thinly out;\n(d) fertilisers are dug well into soil\n(e) compost heaps are kept well covered;\n(f) barbecues are kept clean and free from food scraps;\n(g) anything that is buried and may attract or be a breeding place for flies is covered with at\nleast 100 millimetres of soil; and\n(h) excrement from pets is collected and properly disposed of without delay.\n6.1.4 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 notice in writing\ndirecting him or her to take, within the time specified in the notice, such measures as in the opinion\nof the Environmental Health Officer are necessary to—\n(a) control the prevalence;\n(b) effect the eradication; or\n(c) effectively prevent the breeding of flies.\n6.1.5 Local government may execute work and recover costs\n(a) a person is required under this Division or directed by a notice under clause 6.1.4, to execute\nany work; and\n(b) that person fails or neglects to comply with the requirement,\nthe local government may execute the work and recover from the 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 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.\nDivision 2—Mosquitoes\n6.2.1 Interpretation\nIn the Division, unless the context otherwise requires—\nmosquitoes means any of the two-winged insects constituting the family Diptera Culicidae\ncommonly known as mosquitoes.\n6.2.2 Premises to be kept free of mosquito breeding matter\nAn owner or occupier of premises shall keep the premises free of—\n(a) refuse; and\n(b) water located as to be,\nliable to become the breeding place of mosquitoes.\n6.2.3 Measures to be taken to prevent mosquito breeding\n(1) An owner or occupier of premises shall ensure that the premises is kept free from possible\nmosquito breeding sites and shall—\n(a) follow any direction of an Environmental Health Officer for the purpose of\n(i) controlling the prevalence of mosquitoes;\n(ii) eradication; or\n(iii) effectively preventing the breeding of mosquitoes.\n(b) assist the 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 premises where water is kept in a horse trough, poultry drinking vessel or\nother 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\nsound condition at all times, and mesh having openings no larger than 1.2mm covers any educt vent\nto 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.\n\n","sortOrder":27},{"sectionNumber":"6052","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6052 GOVERNMENT GAZETTE, WA 22 December 2017\n6.2.4 Local government may execute and recover costs\n(a) a person is required under this division or directed by a notice under 6.2.2 to execute any\nwork; and\n(b) that person fails or neglects to comply with the requirement;\nthe local government may execute the work and recover from that person the cost of executing the\nwork, in addition to any penalty for which that person may be liable.\n(2) The costs and expenses incurred by the local government in the execution of a power under\nsubclause (1) may be recovered in a court of competent jurisdiction from that person.\n(3) The local government 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.\nDivision 3—Rodents\n6.3.1 Interpretation\nrodents means those animals belonging to the order Rodentia and includes rats and mice but\ndoes not include animals (other than rats) kept as pets in an enclosure designed for the\npurpose of keeping as pet animals of that kind.\n6.3.2 Measures to be taken to eradicate rodents\n(1) An owner or occupier of premises shall at all times take effective measures to eradicate any\nrodents in or 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, in the opinion of the Environmental Health Officer, is necessary or desirable\nto prevent or deter the presence of rodents in or on the premises.\n(3) An owner of occupier shall within the time specified comply with any direction given by an\nEnvironmental Health Officer under this clause.\n6.3.3 Food and wastes to be kept in rodent proof receptacles\nA person shall not place or caused to be placed in or on any premises, and an owner or occupier of\npremises shall not permit to remain in or on the premises—\n(a) any waste food, refuse, or other waste matter which might attract rodents to the premises or\nwhich might afford harbourage for rodents; or\n(b) any food intended for birds or other animals,\nunless it is contained in a rodent proof receptacle or a compartment which is kept effectively protected\nagainst access by rodents.\n6.3.4 Restrictions on the keeping of rats\nA person or body which keeps rodents shall—\n(a) at all times ensure that all live rodents are kept in the effective control of a person or locked\nin cages;\n(b) if a rodent escapes, forthwith comply with the requirements of clause 6.3.2 and ensure that\nall reasonable steps are taken to destroy or recapture the rodent; and\n(c) not keep a combined total of more than 6 rats at any one time.\n6.3.5 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.\nDivision 4—Cockroaches\n6.4.1 Interpretation\ncockroach means any of the various orthopterous insects commonly known as cockroaches.\n6.4.2 Measures to be taken to eradicate cockroaches\n(1) An owner or occupier of premises shall take effective measures to eradicate any cockroaches in or\non the premises.\n(2) An Environmental Health Officer may direct, orally or in writing, an owner or occupier of premises\nto take whatever actions 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 specified time comply with any direction given by an\nEnvironmental Health Officer under this clause.\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6053\nDivision 5—Argentine Ants\n6.5.1 Interpretation\nArgentine Ants means an ant belonging to the species Irdomyrmex humilis.\n6.5.2 Measures to be taken to keep premises free from Argentine ants\nAn owner or occupier of premises shall ensure that premise are kept free from Argentine Ants\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 directed by an Environmental Health Officer—\n(i) treat any area or infestation with an insecticide referred to in paragraph (b); and\n(ii) remove any objects, including timber, firewood, compost or pot plants in accordance\nwith a direction from the Environmental Health Officer.\nDivision 6—European Wasps\n6.6.1 Interpretation\nEuropean Wasps means a wasp Vespula germanica.\n6.6.2 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.\nDivision 7—Bee Keeping\n6.7.1 Interpretation\nbees means an insect belonging to any of the various hymenopterous insects of the super family\nApoidea and commonly known as a bee;\nfootpath includes a path used by, or set aside or intended for use by, pedestrians, cyclists or both\npedestrians and cyclists;\nhive means a moveable or fixed structure, container or object in which a colony of bees is kept;\nlot has the meaning given to it in the Planning and Development Act 2005; and\nprivate street has the meaning given to it by the Local Government (Miscellaneous Provisions)\nAct 1960.\n6.7.2 Limitation on number of hives\n(1) A person shall not keep or permit the keeping of bees except on a lot in accordance with this\ndivision.\n(2) Subject to subclauses (3) and (4), a person shall not keep or permit the keeping of bees in more\nthan 2 hives on a lot.\n(3) The local government may, upon written application, consent, with or without conditions, to a\nperson keeping bees in more than 2 hives on a lot which is not zoned for residential purposes.\n(4) A person shall comply with any conditions imposed by the local government under subclause (3).\n6.7.3 Restrictions on keeping of bees in hives\nA person shall not keep or permit the keeping of bees in a hive on a lot unless, at all times—\n(a) an adequate and permanent supply of water is supplies on the lot within 10 metres of the\nhives;\n(b) the hive is kept—\n(i) outside, and at least 10 metres from, any building other than a fence;\n(ii) at least 10 metres from any footpath, street, private street or public place; and\n(iii) at least 5 metres from the boundary of the lot; and\n(c) the hive is enclosed on all sides by a fence, wall or other enclosure.\n6.7.4 Bees which cause a nuisance are not to be kept\n(1) A person shall not keep, or permit the keeping of, bees which cause a nuisance.\n(2) If, in the opinion of an Environmental Health Officer, the approved hives are causing a nuisance,\nthe local government may direct any bees or approved hives to be removed.\n(3) A person shall comply with a direction within the time specified.\n\n","sortOrder":28},{"sectionNumber":"6054","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6054 GOVERNMENT GAZETTE, WA 22 December 2017\nDivision 8—Arthropod Vectors of Disease\n6.8.1 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);\n(e) head lice (Pediculus humanus var. capitis); and\n(f) any other insect prescribed by the local government.\n6.8.2 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 vectors of\ndisease; and\n(b) comply with the direction of an Environmental Health Officer to treat the premises, or\nanything on the premises, for the purposes of destroying any vectors of disease.\nPART 7—INFECTIOUS DISEASES\nDivision 1—General Provisions\n7.1.1 Requirement 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).\n7.1.2 Environmental Health Officers may disinfect or disinfest premises\n(1) Where the local government or the Medical Officer is satisfied that any case of infectious disease\nhas occurred on any premises, the local government or the Medical Officer may direct an\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 shall permit, and provide access to enable, an Environmental Health Officer,\nother local government officer or other person to carry out the direction given under subclause (1).\n(3) The local government may recover, in a court of competent jurisdiction, the cost of carrying out the\nwork under this clause from the owner or occupier of the premises in or on which the work was\ncarried out.\n(4) The local government shall not be liable to pay compensation or damages of any kind to the owner\nof occupier of premises in relation to any action taken by the local government or any of its staff or\nemployees under this clause.\n7.1.3 Insanitary dwelling houses, premises and things\n(1) An owner or occupier of any dwelling house or premises shall maintain the dwelling house or\npremises free from any insanitary condition or thing.\n(2) Where an Environmental Health Officer considers that a dwelling house is insanitary, the officer\nmay, by notice in writing, direct an owner of the dwelling house, within the time and in the manner\nspecified in the notice, to amend the dwelling house.\n(3) Where an Environmental Health Officer considers that—\n(a) a dwelling house or premises is not being maintained in a sanitary condition; or\n(b) any thing is insanitary,\nthe officer may, by notice in writing, direct, as the case may be—\n(i) the owner or occupier of the dwelling house or premises to amend any insanitary condition; or\n(ii) the owner or occupier of the thing to destroy or amend it,\nwithin the time and in the manner specified in the notice.\n(4) A person to whom a notice has been given under subclauses (2) or (3) shall comply with the terms\nof the notice.\n7.1.4 Medical Officer may authorise disinfecting\n(1) Where the Medical Officer believes that a person is or may be infected by an infectious disease, the\nOfficer may direct the person to have his or her body, clothing and effects disinfected at a place and\nmanner directed by the Medical Officer.\n(2) A person shall comply with any direction of the Medical Officer under this clause.\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6055\n7.1.5 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 of leaves the dwelling house—\n(a) shall obey such instructions or directions as the local government or the Medical Officer may\nissue;\n(b) may be removed, at the direction of the local government or the Medical Officer to isolation in\nan appropriate place to prevent or minimise the risk of the infection spreading and if so\nremoved, shall remain in that place until the Medical Officer otherwise directs.\n7.1.6 Declaration of infected dwelling house or premises\n(1) To prevent or check the spread of infectious disease, the local government or the Medical Officer\nmay from time to time declare any 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 the Medical Officer or an Environmental Health Officer.\n7.1.7 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 steps taken to enable the condition to be controlled\nor eradicated or the animals destroyed and disposed of—\n(a) in the manner and within the time specified in the notice; and\n(b) by the person in whose possession, or upon whose premises, the animal is located.\n(2) A person who has in his or her possession or upon premises occupied by him or her, an animal\nwhich is the subject of a notice under subclause (1) shall comply with the terms of the notice.\n7.1.8 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 a manner,\nwithin such time and with such precautions as may be directed by the Medical Officer.\n(2) A body shall not be removed from premises where death occurred except to a cemetery or morgue.\n7.1.9 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 our\nany work; and\n(b) that person fails or neglects to comply with the requirement,\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 persons referred to in\n(3) The local government shall not be liable to pay compensation or damaged of any kind to the person\nreferred to in subclause (1) in relation to any action taken by the local government under this clause.\nDivision 2—Disposal of used condoms and needles\n7.2.1 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\n7.2.2 Disposal of used needles\nA person shall not dispose of a used hypodermic syringe or needle in a public place unless it is placed\nin an impenetrable, leak-proof container and deposited in a refuse receptacle.\nPART 8—LODGING HOUSES\nDivision 1—Registration\n8.1.1 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 two single beds;\nbunk means a sleeping berth comprising one of two arranged vertically;\ndormitory means a building or room utilised for sleeping purposes at a short term hostel or\nrecreational campsite;\n\n","sortOrder":29},{"sectionNumber":"6056","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6056 GOVERNMENT GAZETTE, WA 22 December 2017\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;\nlodging house as defined in the Act and includes a recreational campsite, a serviced apartment\nand a short term hostel;\nmanager means a person duly appointed by the keeper in accordance with this division to reside\nin, and have the care and management of, a lodging house;\nrecreational campsite means a lodging house—\n(a) situated on a campsite principally used for—\n(i) recreational, sporting, religious, ethnic or educational pursuits; or\n(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\nbut does not include a camp or caravan within the meaning of the Caravan Parks and\nCamping Grounds Act 1995;\nregister of keepers means the register kept in accordance with Section 147 of the Act and this\nPart;\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 more\nthan 14 consecutive days and shall include youth hostels and backpackers 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.\n8.1.2 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 8.1.4;\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) either—\n(i) the keeper; or\n(ii) a manager who, with the written approval by 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 is one or more lodgers\nin the lodging house.\n8.1.3 Application for registration\nAn application for registration of a lodging house shall be—\n(a) in the form prescribed in Schedule 1;\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.\n8.1.4 Approval of application\nThe local government may approve, with or without conditions, an application under clause 8.1.4 by\nissuing to the applicant a certificate in the form prescribed in Schedule 2.\n8.1.5 Renewal of registration\nA person who keeps a lodging house which is registered under this Part shall—\n(a) during the month of June in each year apply to the local government for the renewal of the\nregistration of the lodging house; 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\n22 December 2017 GOVERNMENT GAZETTE, WA 6057\n8.1.6 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 prescribed in Schedule 3 or the full name, address and\noccupation of the person to whom the lodging house has been, or is to be sold or transferred.\n8.1.7 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 one or more of the following ground—\n(a) that the lodging house has not, to the satisfaction of the local government, been kept free\nfrom vectors 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 regards 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 an Environmental Health Officer,\nunfit to remain registered.\n(3) Before revoking the registration of a lodging house under this clause, 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 revoked the registration of a lodging house, it shall give the\nkeeper notice of revocation and the registration shall be revoked as from the date on which the notice\nis served on the keeper.\nDivision 2—Construction and Use Requirements\n8.2.1 General construction requirements\nThe general construction requirements of a lodging house shall comply with the Building Code and\nthe Act.\n8.2.2 Insect Screening\nThe keeper shall provide and maintain in good working order and conditions windows and external\ndoors that are screened with wire mesh having openings no larger than 1.2 millimetres.\n8.2.3 Sanitary conveniences\n(1) A keeper shall maintain in good working order and condition and in convenient position on the\nlodging house premises—\n(a) toilets; and\n(b) bathrooms, each fitted with a shower, bath and wash basin,\nin accordance with the requirements of the Building Code.\n(2) A bathroom or toilet which is used as a private bathroom or toilet to the exclusion of other lodgers\nor residents shall not be counted for the purposes of subclause (1).\n(3) Each bath, shower and hand wash basin shall be provided with an adequate supply of hot and cold\nwater.\n(4) The walls of each shower or bath shall be of an impervious material to a minimal height of\n1.8 metres above the floor level.\n(5) Each toilet and bathroom shall—\n(a) be so situated, separated and screened as to ensure privacy;\n(b) be apportioned to each sex;\n(c) have a distinct sign displayed in a prominent position denoting the sex for which the toilet or\nbathroom is provided; and\n(d) be provided with adequate electric lighting.\n(6) Paragraphs 5(b) and 5(c) do not apply to a serviced apartment.\n8.2.4 Laundry\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 45 litre stainless steel trough; and\n(ii) in any other case, provide 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\n","sortOrder":30},{"sectionNumber":"6058","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6058 GOVERNMENT GAZETTE, WA 22 December 2017\n(c) provide an adequate supply of hot and cold water to each wash trough, sink, copper and\nwashing machine; and\n(d) ensure that the floor area of each laundry is properly surfaced with an even fall to a floor\nwaste or other appropriate means of disposal.\n(2) An Environmental Health Officer may approve the provision of a reduced number of laundry units\nif suitable equipment of a commercial type is installed.\n(3) In this clause—\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) one wash trough of not less than 35 litres capacity, connected to both hot and cold water;\nand\n(c) either an electric drying cabinet or not less than 30 metres of clothes line, and for which a\nhot water system is provided that—\n(d) is capable of delivering 136 litres of water per hour at a temperature of at least\n75 degrees 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 to each washing machine.\n8.2.5 Kitchen\nThe keeper of a lodging house shall provide in that lodging house a kitchen which—\n(a) has a minimum floor area of—\n(i) where lodgers prepare their own meals—0.65 square metres per person;\n(ii) where meals are provided by the keeper of manager—0.35 square metres per person; or\n(iii) where a kitchen and dining room are combined—1 square metre per person, but in any\ncase not less than 16 square metres;\n(b) 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(c) complies with the requirements of Standard 3.2.3 of the Food Standards Code; and\n(d) has a hand wash basin and a double bowl sink, each provided with an adequate supply of hot\nand cold water.\n8.2.6 Cooking facilities\n(1) The keeper of a lodging house where lodgers prepare their own meals shall provide a kitchen with\nelectrical, gas or other stoves and oven approved by the Environmental Health Officer in accordance\nwith the following table—\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 15 lodgers\n(or part thereof) over 60\n(2) The keeper of a lodging house where meals are provided by the keeper or manager shall provide a\nkitchen with cooking appliances of a number and type approved by the Environmental Health Officer.\n8.2.7 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 not less than the greater of—\n(i) 0.5 square meters per person; or\n(ii) 10 square metres; and\n(c) which shall be—\n(i) adequately furnished to accommodate, at any one time, half of the number of lodgers;\nand\n(ii) provided with a suitable floor covering.\n8.2.8 Lounge room\nThe keeper of a lodging house shall provide in that lodging house a lounge room—\n(a) with a floor area of—\n(i) where the lounge room is not combined with the dining room—not less than 0.6 square\nmetres per person; or\n(ii) where the lounge room is combined with the dining room—not less than 1.2 square\nmetres per person,\nbut in either case having a minimum of 13 square metres; and\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6059\n(b) which shall be—\n(i) adequately furnished to accommodate, at any one time, half the number of lodgers; and\n(ii) provided with a suitable floor covering.\n8.2.9 Fire prevention and control\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 approved by the Environmental Health\nOfficer; 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; and\n(c) ensure that each exit sign and firefighting appliance is clearly visible, accessible and\nmaintained in good working order at all times.\n8.2.10 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, in such a\nmanner as to form an obstruction to the free passage of lodgers, residents or persons\noccupying the lodging house.\n8.2.11 Fitting of locks\nA person shall not fit, or cause or permit to be fitted, to an exit door a lock or other device which\nprevents the door being opened from within a lodging house.\n8.2.12 Restrictions on use of rooms for sleeping\n(1) Subject to subclause (3) and clause 8.3.12, a keeper shall not use or permit to be used as a sleeping\napartment a room in a lodging house—\n(a) which contains food;\n(b) which contains or is fitted with a cooking appliance or kitchen sink;\n(c) which is used as a kitchen, scullery, store room, dining room, general sitting room or lounge\nroom or for the preparation or storage of food;\n(d) which is not reasonably accessible without passing through a sleeping or other room in the\nprivate occupation of another person;\n(e) which, except in the case of short term hostel or a recreational campsite, contains less than\n5.5 square metres of clear space for each lodger occupying the room;\n(f) which is naturally illuminated by windows having a ratio of less than 0.1 square metre or\nunobstructed glass to ever 1.0 square metres of floor area;\n(g) which is ventilated at a ratio of less than 0.5 square metre of unobstructed ventilating area to\nevery 10 square metres of floor area;\n(h) in which the lighting or ventilation referred to in paragraphs (f) and (g) is obstructed or is not\nin good working 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 two children under the age of 10 years shall be counted as one\nlodger.\n(3) Paragraphs (a), (b) and (c) of subclause (1) shall not apply to a serviced apartment.\n8.2.13 Sleeping accommodation, short term hostels and recreational campsites\n(1) A keeper of a short term hostel or recreational campsite shall provide clear floor space of not less\nthan—\n(a) 4 square metres per person in each dormitory utilising beds; and\n(b) 2.5 square metres per person in 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 of recreational campsite shall be\n2.4 metres in any dormitory utilising beds and 2.7 metres in any dormitory utilising bunks.\n(4) The minimum floor area requirements in subclause (1) will only apply if there is ventilation,\nseparation distances, fire egress and other safety requirements in accordance with the Building Code.\n(5) The keeper of any short term hostel or recreational campsite shall provide—\n(a) fixed outlet ventilation at a ratio of 0.15 square metres to each 10 square metres of floor area\nof the dormitories. Dormitories shall be provided with direct ventilation to the open air from a\n\n","sortOrder":31},{"sectionNumber":"6060","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6060 GOVERNMENT GAZETTE, WA 22 December 2017\npoint within 230 millimetres of the ceiling level through a fixed open window or vents, carried\nas direct to the open air as is practicable; or\n(b) mechanical ventilation in lieu of fixed ventilation, subject to local government approval.\n(6) The keeper of any short term hostel or recreational campsite shall provide—\n(a) beds with a minimum size of—\n(i) in short term hostels—800 millimetres x 1.9 metres; or\n(ii) in recreational campsites—750 millimetres x 1.85 metre; and\n(b) storage space for personal effects, including backpacks, so that cleaning operations are not\nhindered and access spaces are not obstructed.\n(7) The keeper of any short term hostel or recreational campsite shall—\n(a) arrange at all times a distance of 750 millimetres between beds and a distance of\n900 millimetres between bunks;\n(b) ensure where bed or bunk heads are placed against the wall on either side of a dormitory,\nthere is a passageway of at least 1.35 metres between each row of beds and a passageway of\nat least 2 metres between each row of bunks. The passageway shall be kept clear of\nobstruction at all times; and\n(c) ensure all doors, windows and ventilators are kept free of obstruction.\n(8) The keeper of a short term hostel or recreational campsite shall ensure that—\n(a) materials used in dormitory areas comply with AS 1530.2 and AS 1530.3, as amended from\ntime to time, as follows—\n(i) drapes, curtains, blinds and bed covers - a maximum Flammability Index of 6;\n(ii) upholstery and bedding - a maximum Spread of Flame Index of 6;\n- a maximum Smoke Developed Index of 5;\n(iii) floor coverings - a maximum Spread of Flame Index of 7;\n- a maximum Smoke Developed Index of 5;\nFire retardant coating used to make a material comply with these indices must be—\n(iv) certified by the manufacturer as approved for use with the fabric to achieve the\nrequired indices;\n(v) certified by the manufacturer to retain its fire retardancy effect after a minimum of\n5 commercial dry cleaning or laundering operations carried out in accordance with\nAS 2001.5.4-1997, Procedure 7A, using ECE reference detergent; and\n(vi) certified by the applicator as having been carried out in accordance with the\nmanufacturer’s specifications;\n(b) emergency lighting is provided in accordance with the Building Code;\n(c) no person shall smoke in any dormitory, kitchen or dining room, within a short term hostel or\nrecreational campsite however the keeper may permit smoking in a meeting or assembly hall\narea, within a short term hostel; and\n(d) all mattresses are fitted with mattress protectors.\n8.2.14 Furnishing etc. of sleeping apartments\n(a) furnish each sleeping apartment with a sufficient number of beds and sufficient bedding of\ngood quality;\n(b) ensure that each bed—\n(i) has a bed head, mattress and pillow; and\n(ii) is provided with a pillow case, mattress cover, two sheets, two blankets or equivalent;\nand\n(c) furnish each bedroom so that there are adequate storage facilities for belongings within the\nroom.\n(2) A keeper shall not cause, suffer or permit any tiered beds or bunks to be used as sleeping\napartments other than in a lodging house used exclusively as a short term hostel or recreational\ncampsite.\n8.2.15 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.\n8.2.16 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 number continue in sequence throughout each floor (if there is more than one) of the\nlodging house.\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6061\n(2) The numbers are 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 by other legible means.\nDivision 3—Management and Care\n8.3.1 Keeper or manager to reside in the lodging house\nWhenever there is one or more lodgers in a lodging house, a keeper or manager shall—\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.\n8.3.2 Register of lodgers\n(1) A keeper shall keep a register of lodgers in the form prescribed in Schedule 4.\n(2) The register of lodgers shall be—\n(a) kept in the lodging house; and\n(b) open to inspection at any time on demand by any member of the Police Service or by an\nEnvironmental Health Officer.\n8.3.3 Keeper report\nA keeper shall, whenever required by the local government, report to the local government in the form\nprescribed in Schedule 5, the name of each lodger who lodged in the lodging house during the\npreceding day or night.\n8.3.4 Certificate in respect of sleeping accommodation\n(1) At Environmental Health Officer may issue to a keeper a certificate, in respect of each room,\nwhich shall be in the form prescribed in Schedule 6 or Schedule 7 if over 20 sleeping apartments.\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 one time.\n(3) When required by an Environmental Health Officer, a keeper shall exhibit the certificate issued\nunder this clause in a conspicuous place.\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.\n8.3.5 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 Officer.\n8.3.6 Room occupancy\n(1) A keeper shall not—\n(a) cause, suffer or permit more than the maximum numbers of persons permitted by the\nCertificate of Registration of the lodging house to be lodged at any one 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 quality of bedding,\nthan is required to accommodate and provide for the maximum number of persons permitted\nto occupy the sleeping apartment at any one 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(ii) the local government or the Medical Officer has forbidden to be used as a sleeping\napartment.\n(2) For the purpose of this clause, two children under 10 years of age shall be counted as one lodger.\n8.3.7 Infectious disease\nA keeper shall immediately after becoming aware that a lodger or resident is suffering from a\nnotifiable disease notify an Environmental Health Officer.\n8.3.8 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 agreement at least once a week; and\n(b) ensure that each room is being maintained in a clean condition.\n(3) A lodger or resident who contracts with a keeper to service, clean or maintain a room occupied by\nhim or her, shall maintain the room in a clean condition.\n\n","sortOrder":32},{"sectionNumber":"6062","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6062 GOVERNMENT GAZETTE, WA 22 December 2017\n8.3.9 Cleaning and maintenance requirements\n(1) In this clause—\nbed linen includes sheets, pillow cases, 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 floors, 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 a 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 is one 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 in\nclean, in good repair and free from vectors of disease;\n(v) when any vectors of disease are found in bed, furniture, room or a 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.\n8.3.10 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 or any purposes 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 proper rubbish receptacle;\n(g) in a kitchen or other place where food is kept—\n(i) wash or permit the washing of clothing or bedding; or\n(ii) keep or permit to be kept any soiled clothing or bedding;\n(h) subject to clause 8.3.11—\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, materials or good 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\n22 December 2017 GOVERNMENT GAZETTE, WA 6063\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 within the written approval of the\nkeeper.\n8.3.11 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 or a serviced apartment may permit the storage and consumption of food within that\napartment if suitable storage and dining facilities are provided.\nPART 9—OFFENSIVE TRADES\nDivision 1—General\n9.1.1 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 trades means any trades as defined by Section 186 of the Act; and\npremises includes dwelling houses.\n9.1.2 Consent to establish an offensive trade\nA person seeking the consent of the local government under Section 187 of the Act to establish an\noffensive trade shall make an application in the form prescribed in Schedule 10 and in accordance\nwith the local government’s Town Planning Scheme.\n9.1.3 False statement\nA person who makes a false statement in an application under clause 9.1.2 shall be guilty of an\noffence.\n9.1.4 Registration of premises\nAn application for the registration of premises pursuant to Section 191 of the Act shall be—\n(a) in the form prescribed in Schedule 11;\n(b) accompanied by—\n(i) the fee prescribed in the Health (Offensive Trades Fees) Regulations 1976; and\n(ii) a comprehensive management plan; and\n(c) lodged with the Chief Executive Officer.\n9.1.5 Certificate of registration\nUpon the registration of premises for the carrying on of an offensive trade, the local government shall\nissue to the applicant a certificate in the form prescribed in Schedule 12.\n9.1.6 Change of occupier\nWhere there is a change of occupier of the premises registered pursuant to this Division, the new\noccupier shall forthwith notify the Chief Executive Officer in writing of such change.\n9.1.7 Alterations to premises\nWhile any premises remain registered under the Division, a person shall not, without the written\npermission of the local government, make or permit any change or alteration whatsoever to the\npremises; this excludes minor repairs, installations or interior refurbishment.\nDivision 2—General Duties of an Occupier\n9.2.1 Interpretation\noccupier means the occupier or where there is more than one occupier, each of the occupiers of\nthe premises in or upon which an offensive trade is carried on; and\npremises means those premises in or upon which an offensive trade is carried on.\n9.2.2 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\n","sortOrder":33},{"sectionNumber":"6064","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6064 GOVERNMENT GAZETTE, WA 22 December 2017\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.\n9.2.3 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.\n9.2.4 Sanitary conveniences and hand wash basins\nThe occupier shall provide on the premises in an approved position sufficient sanitary conveniences\nand hand wash basins, each with an adequate supply of hot and cold water for use by employees and\nby all other persons lawfully upon the premises.\n9.2.5 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.\n9.2.6 Effluvia, vapours or gases\nThe occupier shall provide, use and maintain in a state of good repair and working order, appliances\nand preventive measures capable of effectively destroying or of rendering harmless all offensive\neffluvia, vapours, dust or gases arising in any process of his business or from any material, residue or\nother substance which may be kept or stored upon the premises.\n9.2.7 Offensive material\n(a) provide on the premises impervious receptacles of sufficient capacity to receive all offensive\nmaterial and trade refuse produced upon the premises in any one day;\n(b) keep air-tight 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 receptacle to be removed from the premises at least once in every\nworking day at such more frequent intervals as may be directed by an Environmental Health\nOfficer; and\n(e) cause all receptacles after being emptied to be cleaned immediately with an efficient\ndisinfectant.\n9.2.8 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.\n9.2.9 Specified offensive trade\n(1) For the purposes of this clause, specified offensive trade means one or more of the offensive\ntrades carried on, in or connected with the following works or premises—\n(a) fish processing premises, fish curing premises, and shellfish and crustacean processing\nestablishments; and\n(b) laundries, dry cleaning premises and dye works.\n(2) Where premises are used for or in relation to a specified 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;\n(b) cause the angles formed by the walls with any other wall, and by the wall with the floor, to be\ncovered 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 by 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.\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6065\n9.2.10 Directions\n(1) An Environmental Health Officer may give to the occupier directions to prevent or diminish the\noffensiveness of a trade or to the safeguard the public health.\n(2) The occupier shall comply with any directions given under this clause.\n9.2.11 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 3—Fish Premises\n9.3.1 Interpretation\nfish premises may include a fish processing establishment, fish curing establishment and a\nshellfish and crustacean processing establishment.\n9.3.2 Duties of an occupier\nThe occupier of a fish premises shall—\n(a) not suffer or permit any decomposing fish to be kept on the premises where his trade is\ncarried on for a longer period than is reasonably necessary to dispose of them;\n(b) cause all decomposing fish, to be immediately deposited in an impervious receptacle\nfurnished with an airtight cover; and\n(c) cause the brine of pickle to be removed as often as is necessary to prevent it from becoming\noffensive.\n9.3.3 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 9.2.7 and disposed of in accordance with that clause; or\n(b) kept in a frozen state in an approved enclosure before its removal from the premises.\n9.3.4 Fish containers\nThe occupier of a fish premises shall not allow any container used for the transport of fish to—\n(a) remain on the premises longer than is necessary for it to be emptied; or\n(b) be kept so as to cause a nuisance or to attract flies.\nDivision 4—Laundries, Dry Cleaning Establishments and Dye Works\n9.4.1 Interpretation\ndry cleaning establishment—\n(i) means premises where clothes or other articles are cleaned by use of solvents without\nusing water; but\n(ii) 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, machines or equipment\nprovided 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;\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 places where articles are laundered for the purpose of trade but does not\ninclude an exempt laundromat.\n9.4.2 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 who may at any time by written notice withdraw such permission.\n9.4.3 Reception room\n(1) The occupier of a laundry or 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\n","sortOrder":34},{"sectionNumber":"6066","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6066 GOVERNMENT GAZETTE, WA 22 December 2017\n(b) cause such articles as may be directed by an Environmental Health Officer to be thoroughly\ndisinfected to the satisfaction of that officer.\n(2) A person shall not bring or permit food to be brought into the reception room referred to in this\nclause.\n9.4.4 Walls and floors\nThe occupier of a laundry, dry cleaning establishments 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 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.\n9.4.5 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.\n9.4.6 Escape of dust\nThe occupier of a dry cleaning establishment shall provide effective means to prevent the escape into\nthe open air of all dust or other material from the premises.\n9.4.7 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.\n9.4.8 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.\n9.4.9 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.\nDivision 5—Piggeries\n9.5.1 Interpretation\npiggery means any building, enclosure or yard, in which one or more pigs are kept, bred, reared\nor fattened for purposes of trade, and shall include any portion of the premises to which pigs\nhave access.\n9.5.2 Limitation to registration\nNo premises shall be registered as a piggery unless every portion of such piggery is—\n(a) greater than 200 metres from the lot boundary of the lot upon which the piggery is to be\nsituated;\n(b) greater than 100 metres from any dwelling house, dairy or other premises where food for\nhuman consumption is prepared, stored or sold;\n(c) outside the gazetted townsite of Toodyay and an area of 5 km wide surrounding and\ncontiguous to the boundary of this townsite; and\n(d) outside that land described as being of the rural living zones in the local government’s Town\nPlanning Scheme and an area 1 km wide surrounding and contiguous to the boundaries of the\nrural living zones.\n9.5.3 Conditions of registration\n(1) Any person intending to establish a piggery within the district shall ensure the application made\nin the form of Schedule 10 is accompanied by plans and specifications in duplicate of the proposed\npiggery including—\n(i) details of the approximate number of pigs to be kept;\n(ii) details of the drainage and effluent disposal system to be installed; and\n(iii) details of the method by which cleanliness of the piggery shall be maintained.\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6067\n9.5.4 Sties, enclosures or sheds\n(1) The occupier of every piggery shall provide either—\n(i) sties and enclosures;\n(ii) enclosures; or\n(iii) sheds,\nwithin which pigs shall be kept.\n(2) Where sties and enclosures are provided—\n(a) the floor of every sty shall be properly paved with impervious materials, and every such floor\nshall have sufficient fall to a surface gutter, which shall—\n(i) be constructed of similar materials;\n(ii) be not less than 300 millimetres wide and 75 millimetres deep in the centre of its\nwidth;\n(iii) extend the whole length of the sty;\n(iv) have sufficient fall so that it shall discharge all liquids falling upon the floor or upon\nthe gutter into an impervious sump of sufficient capacity to receive at least one day’s\ndrainage; and\n(b) the area of every enclosure appurtenant to a sty or group of sties shall be not less than three\ntimes the area of the sty or group of sties to which it is appurtenant.\n(3) Where enclosures only are provided, then—\n(a) the fences of such enclosures shall be movable; and\n(b) the fences shall be moved and re-erected to enclose a new site whenever—\n(i) the ground within a site is becoming offensive; or\n(ii) the occupier is directed to do so by an Environmental Health Officer.\n(4) Where sheds are provided, then—\n(a) the floor of the shed shall comply with subclause 2(a);\n(b) all buildings and yards shall be maintained in a structurally sound and clean condition free of\ninfestation with flies and other vectors of disease;\n(c) drainage and treatment of effluent waste shall be carried out and maintained so as to prevent\na nuisance.\n9.5.5 Slaughtering\nThe occupier of any piggery shall not permit any slaughtering of animals on the premises unless the\npiggery is located on the same premises as an abattoir that is approved by the Western Australian\nMeat Industry Authority.\n9.5.6 Feed\nThe occupier of any piggery shall—\n(a) not receive, or allow to be received on such premises, any carcase or part of a carcase of a\ndiseased animal;\n(b) not feed the pigs upon the flesh or offal of diseased animals;\n(c) not receive or suffer or permit to be received on the premises, putrid matter for any purpose;\nand\n(d) not receive or suffer or permit to be received on the premises, any kitchen, slaughter-house or\nbutcher’s wastes or other putrescible pig feed.\n9.5.7 Fencing\nEvery piggery occupier shall securely fence all the enclosures.\n9.5.8 Water supply\nEvery piggery occupier shall provide a sufficient and constant supply of clean water, which shall be\nproperly protected against pollution and always available for cleansing purposes.\n9.5.9 Feeding troughs\n(1) Every such occupier shall—\n(a) where sties and enclosures are provided under the provisions of subclause 9.6.4(2), provide\nfeeding troughs in every sty, situated near to the drainage gutter or positioned to be\naccessible to the pigs in two or more sites or enclosures;\n(b) where enclosures are provided under the provisions of subclause 9.6.4(3), provide feeding\ntroughs in every such enclosure;\n(c) cause all feeding troughs, other than those provided in connection with movable enclosures,\nto be fixed upon a cement floor extending 1.2 metres in all directions from such trough, and\ndesigned to permit ready drainage; and\n(d) not permit pigs to be fed other than at the feeding troughs provided in accordance with this\nclause.\n(2) Notwithstanding the provisions of subclause (1), where pigs are kept continually confined in fully\nenclosed pens, floor feeding with pellets or dry meal shall be permitted, in which case feeding troughs\nare not required to be provided.\n\n","sortOrder":35},{"sectionNumber":"6068","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6068 GOVERNMENT GAZETTE, WA 22 December 2017\n9.5.10 Prevention of nuisances\nAn owner or occupier must ensure that odours, dust, and effluent are adequately prevented from\nbecoming a nuisance to health or amenity.\nPART 10—ENFORCEMENT\n10.1.1 Interpretation\nIn this Part—\nauthorised person is given the definition under Section 9.15 of the Local Government Act 1995;\ninfringement notice means the notice referred to in clause 10.1.4; and\nnotice of withdrawal means the notice referred to in clause 10.1.7(1).\n10.1.2 Offences and penalties\n(1) A person who fails to do anything required of directed to be done under this local law, or who does\nanything which under this local law that person is prohibited from doing, commits an offence.\n(2) 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 offence, $250;\n(ii) in the case of a second such offence, $500; and\n(iii) in the case of a third or subsequent offence, $1,250; and\n(b) if the offence is a continuing offence, a daily penalty which is not more than $250 and not less\nthan $100 for each day during which, the offence continues.\n10.1.3 Modified penalties\n(1) The offences contained in Schedule 13 are offences in relation to which a modified penalty may be\nimposed.\n(2) The amount appearing in the fourth column of Schedule 13 directly opposite an offence is the\nmodified penalty payable in respect of that offence.\n10.1.4 Issue of an infringement notice\n(1) Where an authorised person has reason to believe a person has committed an offence in respect of\nwhich a modified penalty may be imposed, he or she may issue that person an infringement notice in\nthe form specified under subclause (2).\n(2) Unless otherwise specified, for the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence referred to in section 9.13 of the\nLocal Government Act 1995 is that of Form 1 in Schedule 1 of the Regulations; and\n(b) the form of the infringement notice given under section 9.16 of the Local Government\nAct 1995 is that of Form 2 in Schedule 1 of the Regulations.\n10.1.5 Failure to pay modified penalty\nWhere a person who has received an infringement notice fails to pay the modified penalty within the\ntime specified in the notice, or within such further time as may in any particular case be allowed by\nthe CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified\npenalty.\n10.1.6 Payment of modified penalty\nA person who has received an infringement notice may, within the time specified in that notice or\nwithin such further time as may in any particular case, be allowed by the CEO, send or deliver to the\nlocal government the amount of the penalty, with or without a reply as to the circumstances giving\nrise to the offence, and the local government may appropriate that amount in satisfaction of the\npenalty and issue an acknowledgment.\n10.1.7 Withdrawal of an infringement notice\n(1) Whether or not the modified penalty has been paid, an authorised person may withdraw an\ninfringement notice.\n(2) A person authorised to issue an infringement notice under clause 10.1.4 cannot sign or send a\nnotice of withdrawal.\n(3) A withdrawal notice is to be in the form of Form 3 in Schedule 1 of the Regulations.\n10.1.8 Service\nAn infringement notice or a notice of withdrawal may be served on a person personally, or by leaving\nit at or posting it to his or her address as ascertained from her or him, or as ascertained from\ninquiries by the local government.\n————\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6069\n","sortOrder":36},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":null,"content":"Schedule 1\nAPPLICATION FOR REGISTRATION OF A LODGING HOUSE\n(clause 8.1.3(a))\nI/We .................................................................................................................................................................\nof ......................................................................................................................................................................\n..........................................................................................................................................................................\napply for the registration of premises situated (or to be situated) at\n..........................................................................................................................................................................\n..........................................................................................................................................................................\nas a lodging house to be classified as—\n-  a lodging house;\n-  a short term hostel;\n-  serviced apartments;\n-  a recreational campsite; or\n-  other, (specify) ..............................................................................................................................\n- ........................................................................................................................................................\nand for my name to be entered in the Register as the keeper of the lodging house.\nDESCRIPTION OF LODGING HOUSE\nNumber of storeys ..........................................................................................................................................\nRooms for private use\nNumber Area\nLaundries/toilets/bathrooms ................. ...................\nBedrooms ................. ...................\nDining Rooms ................. ...................\nKitchens ................. ...................\nSitting Areas ................. ....................\nOther (Specify) ................. ...................\nRooms for lodgers\nNumber Area\nBedrooms ................. ..................\nDining Rooms ................. ..................\nKitchens ................. ..................\nSitting Rooms ................. ..................\nOther (Specify) ................. ..................\nSanitary Conveniences for male lodgers\nToilets .................\nUrinals .................\nBaths .................\nShowers .................\nHand Wash Basins .................\nSanitary Conveniences for female lodgers\nToilets .................\nBaths .................\nShowers .................\nHand Wash Basins .................\nLaundry Facilities\nCoppers .................\nWash troughs .................\nWashing machines .................\nDrying cabinets or .................\nClothes lines .................\nAdditional Details\n(a) Lodgers’ meals will be provided by the managers/ keepers/ lodgers.\n(b) The keeper will/ will not reside continuously on the premises.\n\n","sortOrder":37},{"sectionNumber":"6070","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6070 GOVERNMENT GAZETTE, WA 22 December 2017\n(c) Name and occupation of proposed manager if keeper resides elsewhere—\n...........................................................................................................................................................\n(d) There will be ................. Family members residing on the premises with the keeper/ manager.\nApplication fee of $.............................. is attached\n————\n","sortOrder":38},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":null,"content":"Schedule 2\nCERTIFICATE OF REGISTRATION OF A LODGING HOUSE\n(clause 8.1.4)\nTHIS is to certify that the premises situated at\n..........................................................................................................................................................................\n..........................................................................................................................................................................\nIs registered as a\nLodging House and classified as—\n-  a lodging house\n-  a short term hostel\n-  serviced apartments\n-  a recreational campsite\n-  other (specify) ...............................................................................................................................\n- .......................................................................................................................................................\nUntil 30 June 20......, on the following conditions—\n1. that ............................................................., whose name is entered on the register of keepers of\nthe Shire of Toodyay, continues to be the keeper of the lodging house;\n2. that ............................................................., appointed by the keeper to be the manager of the\nlodging house, continues to be the manager of the lodging house;\n3. that the Certificate of Registration is not sooner cancelled or revoked;\n4. that the maximum number of rooms to be used as sleeping compartments for lodgers is\n........................; and\n5. That the maximum number of lodgers accommodated on the premises shall not exceed\n.........................\nThis Certificate of Registration is issued subject to the Health (Miscellaneous Provisions) Act 1911\nand Health Local Law of the Shire of Toodyay and is not transferable.\nDated ..................... 20.......\n......................................................\nFee received: $.........................\n————\n","sortOrder":39},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":null,"content":"Schedule 3\nAPPLICATION FOR REGISTRATION OF A LODGING HOUSE\n(clause 8.1.6)\nI/We .................................................................................................................................................................\nof ......................................................................................................................................................................\n..........................................................................................................................................................................\nam/are the new owner/s of the premises situated at\n..........................................................................................................................................................................\n..........................................................................................................................................................................\nwhich are registered in the name of\n..........................................................................................................................................................................\n..........................................................................................................................................................................\nFor the carrying on of the lodging house business.\n..................................................\n..................................................\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6071\n","sortOrder":40},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":null,"content":"Schedule 4\nREGISTER OF LODGERS\n(clause 8.3.2(1))\nLocation of Lodging House:\n..........................................................................................................................................................................\n..........................................................................................................................................................................\n..........................................................................................................................................................................\nDate of\nArrival\nName Previous\nAddress\nSignature Room No. Date of\nDeparture\n.....................................................................................................................................................................\n.....................................................................................................................................................................\n.....................................................................................................................................................................\n.....................................................................................................................................................................\n.....................................................................................................................................................................\n————\n","sortOrder":41},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":null,"content":"Schedule 5\nLIST OF LODGERS\n(clause 8.3.3)\nThe Chief Executive Officer\nThe following is the name of every person who resided in the lodging house at\n..........................................................................................................................................................................\n..........................................................................................................................................................................\n..........................................................................................................................................................................\n..........................................................................................................................................................................\non the ............... day of ................................................. 20............\n(Signed)...........................................\n(Keeper)\nDate: ..........................................................\n————\n","sortOrder":42},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":null,"content":"Schedule 6\nCERTIFICATE OF SLEEPING ACCOMMODATION\n(clause 8.3.4(1))\nTo: ...................................................................................................................................................................\n(Name of Keeper)\nof ......................................................................................................................................................................\n(Address of Keeper)\nFor the registered lodging house situated at:\n..........................................................................................................................................................................\n..........................................................................................................................................................................\nThe rooms listed below are not to be occupied by more than the number of lodgers or residents\nindicated below.\nROOM NUMBER: MAXIMUM OCCUPANCY:\nDate: ..........................................\nPrincipal Environmental Health Officer\n\n","sortOrder":43},{"sectionNumber":"6072","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6072 GOVERNMENT GAZETTE, WA 22 December 2017\n","sortOrder":44},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":null,"content":"Schedule 7\nCERTIFICATE OF SLEEPING ACCOMMODATION FOR A LODGING HOUSE WITH MORE\nTHAN 20 SLEEPING APARTMENTS\n(clause 8.3.4(1))\nTo: ...................................................................................................................................................................\n(Name of Keeper)\nof ......................................................................................................................................................................\n(Address of Keeper)\nfor the registered lodging house situated at: ................................................................................................\n..........................................................................................................................................................................\nThe rooms listed below are not to be occupied by more than the number of lodgers or residents\nindicated below.\nROOM NUMBER: MAXIMUM OCCUPANCY:\nDate: ..........................................\n————\n","sortOrder":45},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":null,"content":"Schedule 8\nAPPLICATION FOR LICENCE OF A MORGUE\n(clause 3.5.1(3))\nI .......................................................................................................................................................................\n(Full name in block letters)\nof.......................................................................................................................................................................\n(Full residential address)\napply to licence the premises listed below as a Morgue\nAddress of premises—\n..........................................................................................................................................................................\n..........................................................................................................................................................................\nName of premises—\n..........................................................................................................................................................................\nDated this ............................ day of ....................... 20..........\n(Signature of Applicant)\n————\n","sortOrder":46},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":null,"content":"Schedule 9\nCERTIFICATE OF LICENCE OF A MORGUE\n(clause 3.5.1(4)(a))\nThis is to certify that the following premises is licenced as a Morgue from the ................................. day\nof ........................... 20....... Until 30th day of June 20............\nAddress of premises—\n..........................................................................................................................................................................\n..........................................................................................................................................................................\nName of premises—\n..........................................................................................................................................................................\n..........................................................................................................................................................................\nDated this ........................... day of ......................... 20........\n......................................................\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6073\n","sortOrder":47},{"sectionNumber":"Sch 10","sectionType":"schedule","heading":null,"content":"Schedule 10\nAPPLICATION FOR CONSENT TO ESTABLISH AN OFFENSIVE TRADE\n(clause 9.1.2)\nI/We, ................................................................................................................................................................\nof ......................................................................................................................................................................\n..........................................................................................................................................................................\napply for consent to establish an offensive trade being ...............................................................................\n..........................................................................................................................................................................\n(Description of Offensive Trade)\nIn or upon\n..........................................................................................................................................................................\n(Location of the House or Premises)\nNotice of my/ our intention to make this application was advertised in ....................................................\n..........................................................................................................................................................................\non .....................................................................................................................................................................\n(Date of Advertisement)\nPlans and specifications of the buildings proposed to be used or erected in connection with the\nproposed offensive trade are attached.\n..............................................\n..............................................\n————\n","sortOrder":48},{"sectionNumber":"Sch 11","sectionType":"schedule","heading":null,"content":"Schedule 11\nAPPLICATION FOR REGISTRATION OF PREMISES FOR OFFENSIVE TRADE\n(clause 9.1.4(a))\nI/We, ................................................................................................................................................................\nof ......................................................................................................................................................................\n..........................................................................................................................................................................\napply for registration, for the year ended......................................................................................................\nof.......................................................................................................................................................................\n(Location of Premises)\nbeing premises in or upon which there is (or is to be) carried on an offensive trade, namely\n..........................................................................................................................................................................\n..........................................................................................................................................................................\n(Description of Offensive Trade)\nunder the business name of ...........................................................................................................................\nThe prescribed registration fee of $.................................... is attached.\n........................................................\n........................................................\n————\n","sortOrder":49},{"sectionNumber":"Sch 12","sectionType":"schedule","heading":null,"content":"Schedule 12\nCERTIFICATE OF REGISTRATION OF PREMISES FOR OFFENSIVE TRADE\n(clause 9.1.5)\nThis is to certify that the premises situated at ............................................................................................\n........................................................................................................................................................... of which\n................................................................................... is the occupier, registered for the carrying on of the\n.................................................................................................................................................................trade\nof ......................................................................................................................................................................\nTrade name ....................................................................................................................................................\nThis registration expires on the ....................................................... 20............\nDated this ............................................ day of.................................20..........\n\n","sortOrder":50},{"sectionNumber":"6074","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 22 December 2017","content":"6074 GOVERNMENT GAZETTE, WA 22 December 2017\n","sortOrder":51},{"sectionNumber":"Sch 13","sectionType":"schedule","heading":null,"content":"Schedule 13\nOFFENCES IN RESPECT OF WHICH A MODIFIED PENALTY APPLIES\n(clause 10.1.3(1))\nClause Nature of Offence Modified\nPenalty\n$\n1 2.1.7(1)(b) Failing to comply with a direction 250\n2 2.1.9(1) Damaging, defacing, fouling or vandalising any part of a public\nsanitary convenience\n3 3.1.1 Failing to sufficiently maintain the dwelling house or\nappurtenant buildings in sound condition and fit for use\n4 3.1.2(a) Failing to maintain guttering, downpipes or drains 250\n5 3.1.2 (b) Causing or permitting rainwater to discharge onto footpath,\nstreet or other property\n6 3.3.4 Polluting or rendering unfit for human consumption water from\na well or other underground source\n7 3.4.1 Sale of second-hand furniture, bedding or clothing that is filthy\nor infested with vectors of disease\n8 3.4.2 Possessing second-hand furniture, bedding or clothing that is\nfilthy or infested with vectors of disease\n9 3.5.1(1) Failing to licence morgue 250\n10 3.5.1(5) Failing to comply with condition of licence of morgue 250\n11 4.1.2 Depositing or causing or permitting to be deposited liquid refuse\nor liquid waste\n12 4.2.2(a) Failing to keep receptacles behind street alignment or in position\napproved by local government\n13 4.2.4(a) Depositing or permitting to be deposited any materials listed\nfrom 4.2.4(a)(i) to (xiii)\n14 4.2.6 Damaging, destroying or interfering with a receptacle 250\n15 4.2.9(1)(a) Failing to provide a rubbish disposal bin on a building site 250\n16 4.2.9(1)(b) Failing to maintain a building site free of rubbish and offensive\nmatter\n17 4.2.13(1) Causing or permitting rubbish or refuse to be set fire to or\ncaused to be set on fire in an incinerator or on the ground\nwithout approval\n18 4.2.13(2), (3),\n(4) and (5)\nFailing to comply with conditions of approval 250\n19 4.3.2(a), (b)\nFailing to comply with requirements for transporting butchers\nwaste\n20 5.1.2 Failing to keep footpath, pavement, area or right of way adjacent\npremise clear or rubbish, matter or any other things belonging\nfrom the premises\n21 5.1.3 Causing or permitting the escape of smoke, dust, sand, fumes,\noffensive or foul odours, liquid waste or liquid refuse from the\npremises in such a quantity or of such a nature to cause or to be\na nuisance\n22 5.1.4 Failing to maintain a public vehicle 250\n23 5.1.5 Transporting or storing of unsterilized offal or blood 250\n24 5.1.6(a), (b)\nUsing or keeping pig manure, human faeces or urine for the use\nas fertiliser\n25 5.1.7(a), (b)\nFailing to comply with conditions of keeping artificial fertiliser 250\n26 5.1.8(a), (b)\nFailing to comply with conditions of keeping fertiliser in a\ndwelling house\n27 5.2.2(a), (b), (c)\nand (d)\nFailing to keep an animal or bird in a clean and sanitary\ncondition\n28 5.3.2 Keeping a pig in a premises within a townsite 250\n29 5.3.3(1)(a) Keeping a large animal that creates a nuisance 250\n30 5.4.2 Keeping more than 6 poultry on a premises within a townsite\nwithout approval\n31 5.4.3(a), (b),\n(c), (d) and (e)\nFailing to comply with conditions of keeping and permitting\npoultry to be kept\n\n22 December 2017 GOVERNMENT GAZETTE, WA 6075\nClause Nature of Offence Modified\nPenalty\n$\n32 5.4.4(1) Keeping or permitting to be kept any unapproved fowl within a\npremises in a townsite\n33 5.4.5(1) Keeping or permitting to be kept a rooster without approval 250\n34 5.4.6(1)(a), (b)\nFailing to comply with conditions of keeping or permitting to be\nkept pigeons or doves\n35 5.4.8(2) Failing to comply with an order 250\n36 6.1.2 Causing or permitting any matter or thing to attract or be a\nbreeding place for flies\n37 6.1.4 Failing to comply with a notice 250\n38 6.2.3(1)(a) Failing to comply with a direction 250\n39 6.3.2(2) Failing to comply with a direction 250\n40 6.4.2(2) Failing to comply with a direction 250\n41 6.5.2(c) Failing to comply with a direction 250\n42 6.6.2(a) Failure to comply with a direction 250\n43 6.7.2(4) Failing to comply with a condition 250\n44 6.7.4(3) Failing to comply with a direction 250\n45 6.8.2(b) Failing to comply with a direction 250\n46 7.1.1(2) Failing to comply with a notice 250\n47 7.1.3(4) Failing to comply with a notice 250\n48 7.1.4(2) Failing to comply with a direction 250\n49 7.1.5(a) Failing to comply with instruction or a direction 250\n50 7.1.6(2) Entering or leaving any dwelling house or premises declared to\nbe infected without written consent\n51 7.1.7(2) Failing to comply with a notice 250\n52 7.2.1(2) Failing to dispose of a used condom in accordance with clause\n7.2.1(1)\n53 7.2.2 Failing to dispose of used syringe or needle in correct manner 250\n————\nThe Common Seal of the Shire of Toodyay was hereunto affixed by authority of a resolution of the\nCouncil in the presence of—\nCr BRIAN RAYNER, Shire President.\nMr STAN SCOTT, Chief Executive Officer.\nOn this 7th day of December 2017.\n———————————","sortOrder":52}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This local law expressly repeals earlier Model By‑Laws (cl.1.1.2) and consolidates a broad set of contemporary public‑health rules for the district. Compared with the repealed material it extends and modernises regulation by adding detailed technical standards, explicit registration/licensing regimes (lodging houses cl.8.1; morgues cl.3.5; offensive trades cl.9.1), an expanded enforcement and cost‑recovery framework (cls.6.1.5, 7.1.9, Part 10 and Schedule 13), and delegated administrative discretion to local officers, thereby changing both coverage and administrative burden."},"complexity_factors":["Wide subject coverage: sanitation, housing, water, waste, pests, infectious disease, lodging houses, offensive trades and enforcement (entire instrument).","Numerous external technical references and standards to apply (Building Code, AS/AS‑NZS standards, Food Standards Code, Water Services Act) increasing interpretive complexity (clauses throughout, e.g. 1.1.5 definitions; Parts 2–9).","Multiple administrative regimes: registration, licensing and approvals with fees and renewal requirements (morgues: cl.3.5.1; lodging houses: cls.8.1.2–8.1.7; offensive trades: cls.9.1.2–9.1.5).","Broad delegated discretion to the CEO and Environmental Health Officers to issue directions, impose conditions, grant/withdraw approvals and require works (scattered powers, e.g. cls.2.1.7, 3.2.4, 6.1.4, 9.2.10).","Enforcement architecture allows notices, direct execution of work and recovery of costs, and non‑compensation for council actions (cls.6.1.5, 6.2.4, 7.1.9, 10.1.2).","Detailed prescriptive operational requirements (ventilation, spacing, construction, waste container specs, hygiene practices) create compliance burden for businesses and owners (e.g. Parts 2–5, 8.2).","Overlap with State laws and administrative regimes creates multi‑actor compliance (references to Health (Miscellaneous Provisions) Act 1911, Water Services Act 2012, Planning Scheme).","Complex offence and penalty scheme including graded penalties, continuing offences and a schedule of modified penalties (Part 10 and Schedule 13).","Record‑keeping and inspection obligations (lodgers’ registers, certificate requirements, Schedule forms) add administrative overhead (Part 8 and Schedules 1–7).","Spatial and zoning limits for particular activities (piggeries: cl.9.5.2; animal keeping and poultry restrictions in Part 5) introduce site‑specific compliance checks."],"plain_english_summary":"This local law sets detailed public‑health rules across the Shire of Toodyay — covering sanitation, housing, water, waste, pest control, infectious diseases, lodging‑house registration, offensive trades, licences and enforcement. It fixes technical standards, inspection powers, offences and penalties.  \n\nIt primarily affects property owners, occupiers, businesses, event organisers and transporters, who bear compliance costs, fees and potential fines. The local government (CEO and Environmental Health Officers) decides approvals, issues notices, enforces breaches and may recover costs."},"kimi_summary":{"_metrics":{"completionTokens":796},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This appears to be a consolidated remake of previous model by-laws from 1914, 1944, 1956 and 1963. The scope remains consistent with traditional local government health regulation—covering sanitation, housing, waste, pest control, and public health nuisances. While detailed, it does not appear to have expanded beyond the original intended scope of local health and environmental regulation."},"complexity_factors":["47 defined terms in the interpretation section (clause 1.1.5)","Extensive cross-referencing to other legislation (Health Act, Building Code, Australian Standards, Food Standards Code)","Multiple nested exceptions and conditional requirements (e.g., 5.3.3 on large animals has 7 subclauses with multiple conditions)","Detailed technical specifications throughout (e.g., 1.8m screening height for toilets, 0.076 litres/second water flow, specific AS/NZS standard references)","9 separate Parts with 8 Divisions containing multiple clauses each, plus 13 Schedules of forms","Heavily conditional language ('unless the context otherwise requires', 'subject to', 'where...then')","Specific measurement requirements in numerous clauses (e.g., 15m distances, 30m² areas, 1.2mm mesh sizes)","Modified penalty schedule with 53 specific offences listed"],"plain_english_summary":"The Shire of Toodyay health law sets local standards to protect community health and safety, requiring homes, lodging houses and businesses to meet sanitation, ventilation, waste‑disposal and pest‑control rules. It regulates animals, bees and offensive trades, mandates safe disposal of needles/condoms and allows council action on infectious or unsanitary premises. Enforcement includes fines, infringement notices and council‑carried‑out remedial work recoverable from owners."}},"importantCases":[],"_links":{"self":"/api/acts/health-local-law-2017","history":"/api/acts/health-local-law-2017/history","analysis":"/api/acts/health-local-law-2017/analysis","conflicts":"/api/acts/health-local-law-2017/conflicts","importantCases":"/api/acts/health-local-law-2017/important-cases","documents":"/api/acts/health-local-law-2017/documents"}}