{"id":"wa-local:kulin-shire-of-health-local-law-2016","name":"Health Local Law 2016","slug":"kulin-shire-of-health-local-law-2016","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442122,"registerId":"wa-local:kulin-shire-of-health-local-law-2016-1775957218852","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"25","sectionType":"section","heading":"January 2017 GOVERNMENT GAZETTE, WA 929","content":"25 January 2017 GOVERNMENT GAZETTE, WA 929\nCONTENTS\n1.2 Repeal\n1.3 Commencement\n1.4 Application\n1.5 Interpretation\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"SANITATION","content":"PART 2—SANITATION\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Sanitary conveniences","content":"Division 1—Sanitary conveniences\n2.2 Dwelling house\n2.3 Premises other that a dwelling house\n2.4 Outdoor festivals\n2.5 Toilets\n2.6 Temporary works\n2.7 Maintenance of sanitary conveniences and fittings\n2.8 Ventilation of toilets\n2.9 Public sanitary conveniences\n2.10 Lighting\n2.11 Installation\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Bathroom, laundries and kitchens","content":"Division 2—Bathroom, laundries and kitchens\n2.12 Bathrooms\n2.13 Laundries\n2.14 Washing or keeping of clothes in kitchens\n2.15 Kitchens\n","sortOrder":3},{"sectionNumber":"Part 3","sectionType":"part","heading":"HOUSING AND GENERAL","content":"PART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of houses\n3.1 Dwelling house maintenance\n3.2 Guttering and downpipes\n3.3 Maintenance of guttering and downpipes and disposal of rainwater\nDivision 2—Ventilation of houses\n3.4 Exemption for short term hostels and recreational campsites\n3.5 Overcrowding\n3.6 Calculated sufficient space\n3.7 Ventilation\n3.8 Sub-floor ventilation\n","sortOrder":4},{"sectionNumber":"Div 3","sectionType":"division","heading":"Water supply","content":"Division 3—Water supply\n3.9 Water supply\n3.10 Rain water tanks\n3.11 Wells\n3.12 Pollution\n\n","sortOrder":5},{"sectionNumber":"930","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"930 GOVERNMENT GAZETTE, WA 25 January 2017\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Secondhand furniture, bedding and clothing","content":"Division 4—Secondhand furniture, bedding and clothing\n3.13 Prohibition of sale\n3.14 Prohibition of possession\nDivision 5—Morgues\n3.15 Application and licensing of morgues\nPART 4—WASTE FOOD AND REFUSE\nDivision 1—Liquid refuse\n4.1 Interpretation\n4.2 Deposit of liquid refuse\n4.3 Disposal of liquid waste\n4.4 Approval for septic tank pumpouts and removal of liquid waste\nDivision 2—Transport of butchers’ waste\n4.5 Interpretation\n4.6 Restriction of vehicles\n4.7 Transport of butchers’ waste\n","sortOrder":7},{"sectionNumber":"Part 5","sectionType":"part","heading":"NUISANCES AND GENERAL","content":"PART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n5.1 Interpretation\n5.2 Footpaths etc. to be kept clean\n5.3 Public vehicles to be kept clean\n5.4 Transportation, use and storage of offal, blood, or other offensive matter\n5.5 Use or storage of fertiliser\n5.6 Storage and dispatch of artificial fertiliser\n5.7 Storage of fertiliser in a house\nDivision 2—Keeping of animals\n5.8 Slaughter of animals\n5.9 Disposal of dead animals\nDivision 3—Feedlots\n5.10 Interpretation\n5.11 Premises to be approved\n5.12 Site conditions\nDivision 4—Piggeries\n5.13 Interpretation\n5.14 Premises to be approved\n5.15 Site conditions\n5.16 Prevention of nuisances\n","sortOrder":8},{"sectionNumber":"Part 6","sectionType":"part","heading":"PEST CONTROL","content":"PART 6—PEST CONTROL\nDivision 1—Flies\n6.1 Interpretation\n6.2 Fly breeding matter not to be left on premises unless covered or treated\n6.3 Measures to be taken by an occupier\n6.4 Officer may give notice directing measures to be taken\n6.5 Local government may execute work and recover costs\nDivision 2—Mosquitoes\n6.6 Interpretation\n6.7 Measures to be taken to prevent mosquitoes breeding\n6.8 The local government may execute and recover costs\nDivision 3—Rodents\n6.9 Interpretation\n6.10 Measures to be taken to eradicate rodents\n6.11 Food and wastes to be kept in rodent and vermin proof receptacles\n6.12 Restrictions on the keeping of rodents\n6.13 Food premises etc. to be cleaned after use\n\n25 January 2017 GOVERNMENT GAZETTE, WA 931\nDivision 4—Cockroaches\n6.14 Interpretation\n6.15 Measures to be taken to eradicate cockroaches\n","sortOrder":9},{"sectionNumber":"Div 5","sectionType":"division","heading":"Argentine ants","content":"Division 5—Argentine ants\n6.16 Interpretation\n6.17 Measures to be taken to keep premises free from Argentine ants\n","sortOrder":10},{"sectionNumber":"Div 6","sectionType":"division","heading":"European wasps","content":"Division 6—European wasps\n6.18 Interpretation\n6.19 Measures to be taken to keep premises free from European wasp nests\n","sortOrder":11},{"sectionNumber":"Div 7","sectionType":"division","heading":"Arthropod vectors of disease","content":"Division 7—Arthropod vectors of disease\n6.20 Interpretation\n6.21 Responsibility of the owner or occupier\n","sortOrder":12},{"sectionNumber":"Part 7","sectionType":"part","heading":"INFECTIOUS DISEASES","content":"PART 7—INFECTIOUS DISEASES\nDivision 1—General provisions\n7.1 Requirements for an owner or occupier to clean, disinfect and disinfest.\n7.2 Environmental Health Officer may disinfect or disinfest premises\n7.3 Insanitary houses, premises and things\n7.4 Persons in contact with an infectious disease sufferer\n7.5 Declaration of infected house or premises\n7.6 Destruction of infected animals\n7.7 Disposal of a body\n7.8 The local government may carry out work and recover costs\nDivision 2—Disposal of used condoms and needles\n7.9 Disposal of used condoms\n7.10 Disposal of used needles\n","sortOrder":13},{"sectionNumber":"Part 8","sectionType":"part","heading":"LODGING HOUSES","content":"PART 8—LODGING HOUSES\nDivision 1—Registration\n8.1 Interpretation\n8.2 Lodging house not to be kept unless registered\n8.3 Application for registration\n8.4 Approval of application\n8.5 Renewal of registration\n8.6 Notification upon sale or transfer\n8.7 Revocation of registration\nDivision 2—Construction and use requirements\n8.8 General construction requirements\n8.9 Sanitary conveniences\n8.10 Laundry\n8.11 Kitchen\n8.12 Dining room\n8.13 Lounge room\n8.14 Fire prevention and control\n8.15 Obstruction of passages and stairways\n8.16 Fitting of locks\n8.17 Restriction on use of rooms for sleeping\n8.18 Sleeping accommodation—short term hostels and recreational campsites\n8.19 Furnishing of rooms\n8.20 Ventilation\n8.21 Numbers to be placed on doors\nDivision 3—Management and care\n8.22 Keeper or manager to reside in the lodging house\n8.23 Register of lodgers\n8.24 Keeper report\n8.25 Certificate in respect of sleeping accommodation\n8.26 Duplicate keys and inspection\n8.27 Room occupancy\n8.28 Maintenance of a room by a lodger or resident\n\n","sortOrder":14},{"sectionNumber":"932","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"932 GOVERNMENT GAZETTE, WA 25 January 2017\n8.29 Cleaning and maintenance requirements\n8.30 Responsibilities of lodgers and residents\n8.31 Approval for storage of food\n","sortOrder":15},{"sectionNumber":"Part 9","sectionType":"part","heading":"OFFENSIVE TRADES","content":"PART 9—OFFENSIVE TRADES\n9.1 Interpretation\n9.2 Consent to establish an offensive trade\n9.3 False statement\n9.4 Registration of premises\n9.5 Certificate of registration\n9.6 Change of occupier\n9.7 Alterations to premises\nDivision 2—General duties of an occupier\n9.8 Interpretation\n9.9 Cleanliness\n9.10 Rats and other vectors of disease\n9.11 Sanitary conveniences and hand wash basin\n9.12 Painting of walls etc.\n9.13 Effluvia, vapours, gases or dust\n9.14 Offensive material\n9.15 Storage of materials\n9.16 Specified offensive trade\n9.17 Directions\n9.18 Other duties of occupier\nDivision 3—Fish premises\n9.19 Interpretation\n9.20 Duties of an occupier\n9.21 Disposal of waste\n9.22 Fish containers\nDivision 4—Laundries, dry cleaning establishments and dye works\n9.23 Interpretation\n9.24 Receiving depot\n9.25 Reception room\n9.26 Walls and floors\n9.27 Laundry floor\n9.28 Escape of dust\n9.29 Precautions against combustion\n9.30 Trolleys\n9.31 Sleeping on premises\n","sortOrder":16},{"sectionNumber":"Part 10","sectionType":"part","heading":"OFFENCES AND PENALTIES","content":"PART 10—OFFENCES AND PENALTIES\n10.1 Offences and penalties\n","sortOrder":17},{"sectionNumber":"Part 11","sectionType":"part","heading":"SCHEDULE","content":"PART 11—SCHEDULE\nSchedule\nNumber Description\n1 Required Buffer Distances for Feedlots\n2 Required Buffer Distances for Piggeries\n3 Required Buffer Distances for Intensive Piggeries\n\n25 January 2017 GOVERNMENT GAZETTE, WA 933\nUnder the powers conferred by section 342 of the Health Act 1911, subdivision 2 of Division 2 of\nPart 3 of the Local Government Act 1995 and under all other powers enabling it, the Council of the\nShire of Kulin resolved on the 18th day of May in the year 2016 to make the following local law.\nThis local law may be cited as the Shire of Kulin Health Local Law 2016.\n1.2 Repeal\nThe Shire of Kulin Health Local Laws 1998 as published in the Government Gazette No. 194 on\n","sortOrder":18},{"sectionNumber":"29","sectionType":"section","heading":"September 1998 is repealed.","content":"29 September 1998 is repealed.\n1.3 This local law comes into operation on the same day it is published in the Government Gazette.\n1.4 This local law applies throughout the district.\n1.5 Interpretation\n(1) In this Local Law, unless the context otherwise requires—\nAct means the Health Act 1911;\nadequate supply of water means a flow of water of not less than 0.076 litres per second;\napproved means approved by the local government;\nAS or AS/NZS means Australian Standard or Australian/New Zealand Standard published by\nStandards Australia;\nAS 1530.2: 1993 means the standard published by Standards Australia as AS 1530.2: 1993 as\namended from time to time and called “Methods for fire testing on buildings materials,\ncomponents and structures—Tests for flammability of materials”;\nAS/NZS 1530.3: 1999 means the standard published by Standards Australia as AS/NZS 1530.3:\n1999 as amended from time to time and called “Methods for fire tests on building materials,\ncomponents and structures—Simultaneous determination of ignitability, flame propagation,\nheat release and smoke release”;\nAS 1668.2—2012 means the standard published by Standards Australia as AS 1668.2—2012 as\namended from time to time and called “The use of ventilation and air-conditioning in\nbuildings—Ventilation design for indoor air contaminant control”;\nAS 2001.5.4—2005 means the standards published by Standards Australia as AS 2001.5.4—2005\nas amended from time to time and called “Methods of tests for textiles—Dimensional\nchange—Domestic washing and drying procedures for textile testing (ISO 6330:2000, MOD).”;\nAS/NZS 3666.2:2011 means the standard published by Standards Australia as AS/NZS\n3666.2:2011 as amended from time to time and called “Air-handling and water systems of\nbuildings—Microbial control —Operation and maintenance”;\nAS/NZS ISO 717.1: 2004 means the standard published by Standards Australia as AS/NZS ISO\n717.1: 2004 as amended from time to time and called “Acoustics—Rating of sound insulation\nin buildings and of building elements—Airborne sound insulation”;\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;\nChief Executive Officer means the Chief Executive Officer of the Shire of Kulin and includes\nthe Acting Chief Executive Officer;\ndistrict means the district of the local government;\ndwelling house means a place of residence or house containing at least one sleeping room and\nincludes a room or outbuilding separate from, but ancillary to, the building in which the\nsleeping room is located;\n\n","sortOrder":19},{"sectionNumber":"934","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"934 GOVERNMENT GAZETTE, WA 25 January 2017\nEnergy Safety WA means the Energy Safety division of the Department of Commerce;\nEnvironmental Health Officer means an Environmental Health Officer appointed by the local\ngovernment under the Act and includes an acting or assistant Environmental Health Officer;\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;\n(b) excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, lobby,\nphotographic dark room, clothes-drying room, and other spaces of a specialised nature\noccupied neither frequently nor for extended periods;\nhot water means water at a temperature of at least 65 degrees Celsius;\nlocal government means the Shire of Kulin;\nMedical Officer means the Medical Officer appointed by the local government under the Act and\nincludes an Acting Medical Officer so appointed;\nlocal planning scheme means the Shire of Kulin Local Planning Scheme adopted by the local\ngovernment from time to time and has approval so granted by the Minister for Planning and\nas defined pursuant to section 4, part 1 of the Planning and Development Act 2005;\npublic place includes every place to which the public ordinarily have access, whether by\npayment of a fee or not;\nsanitary convenience includes urinals, water closets, earth-closets, privies, sinks, baths, wash\ntroughs, apparatus for the treatment of sewage, ash-pits, ash-tubs, or other receptacle for the\ndeposit of ashes, faecal matter, or refuse, and all similar conveniences;\nsewage means any kind of sewage, nightsoil, faecal matter or urine, and any waste composed\nwholly or in part of liquid;\nsewer includes sewers and drains of every description, except drains to which the word “drain” as\ndefined in the Act applies, including water channels constructed of stone, brick, concrete, or\nany other material, including the property of the local government;\nstreet includes any highway, any public bridge, and any road, lane, footway, square, court, alley\nor passage, whether a thoroughfare or not;\ntoilet means a water closet, earth closet, privy or urinal and includes a room or cubicle in which\none or more of these is 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 section 37 of Schedule 9.3 of the Local Government Act 1995;\nvector 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;\nwater means drinking water within the meaning of the Australian Drinking Water Guidelines as\npublished by the National Health and Medical Research Council in 2011 and as amended\nfrom time to time; and\nwindow means a glass panel, roof light, glass brick, glass louvre, glazed sash, glazed door, or\nother device which transmits natural light directly from outside a building to the room\nconcerned when in the closed position.\n(2) Where in this local law, a duty or liability is imposed on an “owner or occupier”, the duty or\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 those premises has, unless the contrary intention appears, the duty\nof causing to be done the act so required to be done, or of preventing from being done the act so\nforbidden to be done, as the case may be.\nPART 2—SANITATION\nDivision 1—Sanitary conveniences\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; and\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;\nurinal may be—\n(i) an individual stall or wall-hung urinal; or\n\n25 January 2017 GOVERNMENT GAZETTE, WA 935\n(ii) each 600mm length of a continuous urinal trough; or\n(iii) a closet pan used in place of a urinal.\n2.2 Dwelling house\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless it has\nat least one toilet.\n(2) A room in which a toilet is located shall have adequate lighting.\n2.3 Premises other than a dwelling house\n(1) The owner of premises other than a dwelling house shall not use or occupy, or permit to be used or\noccupied, premises other than a dwelling house, unless—\n(a) the premises have toilets in accordance with the Building Code and this Part;\n(b) the toilets required by this clause are situated within 90m of the premises 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 hand\nwash basin;\n(iv) separate from any trough, sink or basin used in connection with any process carried out\non the premises; and\n(v) situated with or adjacent to the sanitary conveniences and easily accessible to the\nperson for whom they are provided.\n(2) The occupier of premises other than a dwelling house shall ensure that—\n(a) clean toilet paper is available at all times in each cubicle;\n(b) a sanitary napkin disposal facility is provided in each toilet set aside for the use of females;\nand\n(c) each hand wash basin is provided with—\n(i) an adequate supply of soap or other hand cleaning substances; and\n(ii) hand drying facilities, situated adjacent to and visible from the hand wash basin.\n2.4 Outdoor festivals\n(1) The organiser of an outdoor event must provide sanitary conveniences in accordance with the\nrecommendations contained within the Department of Health ‘Guidelines for concerts, events and\norganised gatherings’; and\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.\n(3) When portable chemical type units or effluent holding tanks are used for events longer than 4\nhours, they must be located so that they can be pumped out during the event.\n(4) At least 1 unisex toilet for use by a person with a disability is required for each venue.\n(5) The organiser of an outdoor festival, at which more than 5 000 people are expected to attend, shall\nprovide temporary sanitary conveniences of a number as directed by the Environmental Health\nOfficer.\n2.5 Toilets\n(1) Toilets on a premises shall be maintained in accordance with the following requirements—\n(a) the door to a toilet, other than an internal door, 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 the ceiling and\nof sufficient density to have a sound transmission class of not less than 50 as required by\nAS/NZS ISO 717.1 :2004; and\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.\n2.6 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.\n2.7 Maintenance of sanitary conveniences and fittings\n(1) The occupier of premises shall—\n(a) keep clean, in good condition and repair; and\n(b) whenever required by an Environmental Health Officer, effectively disinfect and clean,\nall sanitary conveniences including sanitary fittings in or on the premises.\n\n","sortOrder":20},{"sectionNumber":"936","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"936 GOVERNMENT GAZETTE, WA 25 January 2017\n(2) The owner of premises shall—\n(a) keep or cause to be kept in good repair; and\n(b) maintain an adequate supply of water to,\nall sanitary conveniences including sanitary fittings in or on the premises.\n2.8 Ventilation of toilets\n(1) A toilet in any premises shall be ventilated in accordance with the Sewerage (Lighting, Ventilation\nand Construction) Regulations 1971 and the Building Code and shall be—\n(a) mechanically ventilated to the external air, through a fully enclosed duct at a minimum rate\nof 25 litres per second per fixture, but in no case less than 10 air changes per hour; or\n(b) naturally ventilated to the external air by the provision of—\n(i) fixed and permanently ventilated windows or skylights;\n(ii) fixed glazed louvered windows; or\n(iii) wall or ceiling vents, ducted as direct to the outside air as is practical and boxed\nthroughout,\nsituated in both the room in which the toilet is located and any adjacent airlock.\n(2) A mechanical ventilation system provided under subclause (1)(a) shall—\n(a) be separate and distinct from any other system of mechanical ventilation in the building;\n(b) be of an exhaust type;\n(c) where it is provided for a building of more than 2 storeys, have a ventilating fan and power\nunit in duplicate; and\n(d) be maintained in good working order and condition.\n(3) A natural ventilation system provided under subclause (1)(b) shall have—\n(a) a clear ventilation area of not less than 0.015 square metres per fixture; and\n(b) a window of light transmitting area equivalent to not less than ten percent of the floor area.\n(4) A toilet with an entrance opening from—\n(a) a room used for the manufacture, storage or consumption of food;\n(b) a room used for sleeping or other domestic activities; or\n(c) a room used as a work place,\nshall be mechanically ventilated as required by subclause (1)(a) and the entrance shall be fitted with\na door having an efficient self closing device.\n2.9 Public sanitary conveniences\n(1) A person shall not—\n(a) foul;\n(b) damage or vandalise; or\n(c) write on or otherwise deface,\na public convenience or sanitary fixtures or fittings or the premises in or on which the sanitary\nconvenience is located.\n(2) A person shall not live or sleep in the premises in which a public sanitary convenience is located or\nuse it for a purpose other than that for which it was intended.\n2.10 Lighting\nThe owner and occupier of a premises where electricity is available, in which a sanitary convenience\nor a public sanitary convenience is located shall provide and maintain adequate electric lighting for\npersons using the convenience.\n2.11 Installation\nEvery sanitary convenience shall be installed in accordance with the requirements of the Country\nAreas Water Supply Act 1947, and the Water Services Act 2012 and shall have an adequate supply of\nwater.\nDivision 2—Bathroom, laundries and kitchens\n2.12 Bathrooms\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nbathroom that—\n(a) is adequately lined with an impervious material and has 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 basins and similar fittings shall be provided with an adequate\nsupply of hot and cold water.\n\n25 January 2017 GOVERNMENT GAZETTE, WA 937\n2.13 Laundries\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,\nprepared, served or consumed, the laundry shall be separated from the kitchen by a wall extending\nfrom the floor to the roof or ceiling.\n(3) Where there is an opening between a laundry and a kitchen or other room where food is stored,\nprepared, served or consumed, the opening shall—\n(a) not be more than 1.2 metres wide; and\n(b) have a door, which when closed shall completely fill the opening.\n2.14 Washing or keeping of clothes in kitchens\nA person shall not in any kitchen or other place where food is kept—\n(a) wash or permit to be washed any clothing or bedding; or\n(b) keep or permit to be kept any soiled clothing or bedding.\n2.15 Kitchens\n(1) In this clause, a cooking facility includes a stove, oven, facility or appliance used for or in\nconnection with the cooking of food.\n(2) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nkitchen equipped with—\n(a) an electric, gas, wood or other fuel burning stove;\n(b) an oven with a capacity of not less than 0.005 cubic metres per person usually accommodated\nin the house with a minimum capacity of 0.03 cubic metres; and\n(c) 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(3) The occupier of a dwelling house shall ensure that the stove, oven and sink are kept clean, in good\norder and repair and fit for use.\n(4) A cooking facility shall—\n(a) be installed in accordance with the requirements of Energy Safety WA and the\nmanufacturer’s specifications of the product; and\n(b) not be installed or used in any room other than a kitchen.\n(5) Mechanical extraction shall be provided in a kitchen and the exhaust air shall be—\n(a) carried to the outside air as directly as practicable; and\n(b) boxed throughout.\n(6) Mechanical extraction shall be maintained in good working order and condition.\nPART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of houses\n3.1 Dwelling house maintenance\nThe owner or occupier of a dwelling shall maintain the dwelling house and any adjacent buildings on\nthe premises in sound condition and fit for use and, in particular, shall—\n(a) maintain all roofs, guttering and downpipes in sound weatherproof condition;\n(b) maintain any footings, foundations and walls, either external or internal, in a sound\ncondition;\n(c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material\nin any veranda, roof, walls, steps, handrails, floors or their supports with material of sound\nquality;\n(d) comply with the directions of an Environmental Health Officer to treat the premises for the\npurpose of destroying any termites;\n(e) maintain any brick, stone, mortar or cement work in a sound condition;\n(f) maintain, repair or replace any flashings or ant caps which are missing or defective;\n(g) maintain all ventilators in good order and repair;\n(h) maintain all floors even and level in surface and free from cracks and gaps;\n(i) maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and\nfittings complete and with smooth unbroken surfaces;\n(j) maintain all doors and windows in good working order and weatherproof condition;\n(k) retain all natural lighting free from any obstruction which would reduce the natural lighting,\nbelow the ratio of 10% of the floor area;\n(l) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewage so\nthat they comply in all respects with the provisions of the Country Areas Water Supply\nAct 1947 and the Water Services Act 2012 and any other legal requirements to which they are\nsubject; and\n\n","sortOrder":21},{"sectionNumber":"938","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"938 GOVERNMENT GAZETTE, WA 25 January 2017\n(m) maintain all electric wiring, gas services and fittings to comply in all respects with the\nrequirements of all relevant public authorities.\n3.2 Guttering and downpipes\n(1) Unless approved by the local government, the owner of a house shall not use or occupy, or permit\nto be used or occupied, a house unless—\n(a) the house is provided with adequate guttering, downpipes and drains sufficient to receive\nnormal intensities of rainwater flowing into them and for the rain water to be effectively\ndisposed of to the satisfaction of an Environmental Health Officer;\n(b) the guttering and downpipes are fixed to the eaves of the house so that all normal intensities\nof rain water flowing from the roof shall be received by such guttering and downpipes;\n(c) all downpipes from guttering are connected so as to discharge into drains, which shall empty\ninto a soak well, or other suitable storm water system or rainwater tanks;\n(d) each soak well is located at least 1.8 metres from any building and at least 1.8 metres from\nthe boundary of the block; and\n(e) any rainwater from any downpipe is not discharged onto any unpaved surface of land within\n1.8 metres of any house.\n3.3 Maintenance of guttering and downpipes and disposal of rainwater\nThe owner or occupier of a house shall—\n(a) maintain all guttering, downpipes and drains on the premises in a good state of repair, clean\nand free from obstructions; and\n(b) not permit any guttering, downpipes, or drains on the premises to discharge rainwater onto\nor over a footpath, or other property that is in separate ownership.\nDivision 2—Ventilation of houses\n3.4 Exemption for short term hostels and recreational campsites\nThis Division shall not apply to short term hostels and recreational campsites referred to in\nDivision 2 of Part 8.\n3.5 Overcrowding\nThe owner or occupier of a house shall not permit—\n(a) a room in the house that is not a habitable room to be used for sleeping purposes; or\n(b) a habitable room in the house to be used for sleeping purposes unless—\n(i) for every person over the age of 10 years using the room there is at least 14 cubic\nmetres of air space per person; and\n(ii) for every person between the ages of 1 and 10 years there is at least 8 cubic metres of\nair space per person; or\n(c) any garage or shed to be used for sleeping purposes.\n3.6 Calculated sufficient space\nFor the purpose of clause 3.5, in calculating the space required for each person—\n(a) each room shall be considered separately and sufficient space shall be allowed in each room\nfor the number of persons present in the room at any 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.\n3.7 Ventilation\n(1) A person shall not use or occupy, or permit to be used or occupied, a house unless the house is\nproperly ventilated.\n(2) For the purpose of subclause (1) a house shall be deemed to be properly ventilated if it complies\nwith the Building Code, including the provision of—\n(a) natural ventilation; or\n(b) a mechanical ventilation or air-conditioning system complying with AS1668.2: 2002.\n(3) The owner of a house provided with mechanical ventilation or an air-conditioning system shall\nensure that the system is—\n(a) maintained in good working condition and in accordance with AS/NZS 3666.2: 2011; and\n(b) in use at all times the building is occupied, if it is a building without approved natural\nventilation.\n(4) If, in the opinion of an Environmental Health Officer, a house is not properly ventilated, the local\ngovernment may by notice require the owner of the house to—\n(a) provide a different, or additional method of ventilation; or\n(b) cease using the house until it is properly ventilated.\n(5) The owner shall comply with a notice under subclause (4).\n\n25 January 2017 GOVERNMENT GAZETTE, WA 939\n3.8 Sub-floor ventilation\nThe owner or occupier of a house shall make provision for sub-floor ventilation by ensuring that air\nbricks and other openings are kept clean of refuse, vegetation, building materials, dirt and the like.\nDivision 3—Water supply\n3.9 Water supply\n(1) The owner of a house shall ensure that it is connected with a separate and independent water\nsupply from the mains of a licensed water service operator or a water supply to the satisfaction of the\nlocal government.\n(2) The water supply shall at all times deliver an adequate supply of drinking water to each tap in the\nhouse.\n(3) The water supply to toilets, or for garden use may be from an alternative source, not necessarily\ndrinking water.\n3.10 Rain water tanks\nThe owner or occupier of a house where part of the water supply is drawn from a rain water tank\nshall—\n(a) maintain in a clean condition—\n(i) the roof forming the catchment for the tank; and\n(ii) the guttering and downpipes appurtenant to the roof;\n(b) ensure that each rain water tank is fitted with a tight-fitting mosquito proof cover which\nshall not be removed at any time except for the purpose of cleaning, repairing or maintaining\nthe tank;\n(c) at least annually inspect any tank which is used to store water for human consumption;\n(d) ensure the tank is maintained in a clean and hygienic condition; and\n(e) when directed by an Environmental Health Officer, empty, clean and disinfect any tank upon\nthe premises, used to store water for human consumption.\n3.11 Wells\nThe owner or occupier of any premises shall not use or permit for human consumption the use of the\nwater from 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; and\n(b) covered with a tight-fitting cover without openings of any sort other than those essential for\nthe insertion of a pump.\n3.12 Pollution\nA person shall not deposit on any land, any sewage, offensive matter or any other thing which may\npollute or render unfit for human consumption, water from a well or other underground source.\nDivision 4—Secondhand furniture, bedding and clothing\n3.13 Prohibition of sale\nA person shall not offer for sale or sell any secondhand furniture, bedding or clothing which is filthy\nor infested with vectors of disease.\n3.14 Prohibition of possession\nA dealer in secondhand furniture, bedding or clothing shall not have on any premises used for the\noperation of the business any secondhand furniture, bedding or clothing which is filthy or infested\nwith vectors of disease.\nDivision 5—Morgues\n3.15 Application and licensing of morgues\n(1) All morgues, other than those of any public hospital or any local government or police morgue,\nshall be licensed annually in accordance with the requirements of this Division.\n(2) An application for a licence of a morgue shall be—\n(a) made by the applicant;\n(b) made in the form approved by the local government from time to time; and\n(c) forwarded to the Chief Executive Officer with the fee as fixed by the local government from\ntime to time under section 344C of the Act.\n(3) The annual fee for a licence of a place for the temporary reception and keeping of the bodies of the\ndead awaiting burial or cremation is as fixed by the local government from time to time under\nsection 344C of the Act.\n(4) A licence shall—\n(a) be in the form as determined by the local government from time to time; and\n(b) expire on 30 June after the date of its issue.\n\n","sortOrder":22},{"sectionNumber":"940","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"940 GOVERNMENT GAZETTE, WA 25 January 2017\n(5) A licence shall not be granted in respect of any premises unless—\n(a) provision has been made for the keeping of the bodies of the dead at a temperature not\nexceeding zero degrees Celsius;\n(b) the walls are constructed of stone or brickwork or other approved material;\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 an approved impervious material, having a fall to an outlet\ndischarging over a trapped gully; and\n(e) the premises are adequately ventilated by direct communication with the outside air.\n","sortOrder":23},{"sectionNumber":"Part 4","sectionType":"part","heading":"WASTE FOOD AND REFUSE","content":"PART 4—WASTE FOOD AND REFUSE\nDivision 1—Liquid refuse\n4.1 Interpretation\nIn this division, unless the context otherwise requires—\nliquid refuse includes all washings from windows, vehicles and carpet cleaning, overflow, bleed\noff, condensate and drainage from air conditioning equipment including cooling towers and\nevaporative coolers and other liquid used for cooling purposes;\nliquid waste means bathroom, kitchen, scullery and laundry wastes, the contents of septic\ntanks, all washings from animal and poultry pens and any other domestic or trade wastes\nthat are discharged by means of a drain to a receptacle for drainage; and\napproved carrier means a carrier licensed under the Environmental Protection (Controlled\nWaste) Regulations 2004 .\n4.2 Deposit of liquid refuse\nA person shall not deposit or cause or permit to be deposited liquid refuse or liquid waste—\n(a) on a street;\n(b) in a stormwater disposal system; or\n(c) on any land or place other than a place or depot duly authorised for that purpose.\n4.3 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 operator;\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 the local government;\n(c) collection and disposal at an approved liquid waste disposal site in a manner approved by the\nExecutive Director, Public Health.\n4.4 Approval for septic tank pumpouts 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 Executive Director, Public Health; and\n(c) except in accordance with any terms and conditions imposed by the Executive Director, Public\nHealth in connection with the approval under paragraph (b),\ncollect, remove or dispose of the contents of a septic tank, the pumpouts from holding tanks or an\napparatus for the treatment of sewage and other liquid wastes.\nDivision 2—Transport of butchers’ waste\n4.5 Interpretation\nbutchers’ waste includes animal skeletons and rib cages from a boning room and the inedible\nproducts of an abattoir.\n4.6 Restriction of vehicles\nA person shall not use, for the transport of butchers’ waste—\n(a) a vehicle not approved by the local government; or\n(b) a vehicle used for the transport of food or drugs; or\n(c) anything intended to be used for the packing or handling of food or drugs.\n\n25 January 2017 GOVERNMENT GAZETTE, WA 941\n4.7 Transport of butchers’ waste\n(1) A person shall not transport butchers’ waste other than in—\n(a) a compartment complying with the following specifications—\n(i) all internal surfaces to be constructed of an approved, smooth, impervious material;\n(ii) all joints to be sealed and made water-tight;\n(iii) the loading doors, 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 material, carried\nover, and secured to the outside of the walls at least 300 millimetres from the top so as\nto keep the load out of sight of the public; or\n(b) a watertight, durable and impervious container fitted with a lid which can be tightly closed.\n(2) A person shall not transport any butchers’ waste in a vehicle unless the vehicle and its fittings,\nincluding the compartment or container referred to in this clause, are—\n(a) maintained in good order and condition; and\n(b) thoroughly cleaned at the conclusion of each day’s work.\n(3) A person shall not load, transport, or unload butchers’ waste in a manner that is or maybe\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 Interpretation\nfertiliser includes manure; and\npublic vehicle includes bus, train, taxi or any other public transport.\n5.2 Footpaths etc. to be kept clean\nAn owner or occupier of premises shall keep any footpath, pavement, area or right of way immediately\nadjacent to the premises clear of any rubbish, matter or other things coming from or belonging to the\npremises.\n5.3 Public vehicles to be kept clean\nThe owner or person in control of a public vehicle shall—\n(a) maintain the vehicle at all times—\n(i) in a clean condition; and\n(ii) free from vectors of disease; and\n(b) whenever directed to do so by the Environment Health Officer, thoroughly clean and disinfect\nthe vehicle as directed.\n5.4 Transportation, use and storage of offal, blood, or other offensive matter\n(1) A person shall not transport or store offal or blood, for the purpose of being used as manure, unless\nit has been sterilised by steam and properly dried.\n(2) No person shall remove any offensive matter unless such offensive matter is carried in sealed\ncontainers to prevent the escape of any of the contents from the container, or the emission of any\noffensive odour there from.\n(3) Every person using any sealed containers or vehicle for the removal of offensive matter shall keep\nsuch container or vehicle in a thoroughly clean condition and in good repair.\n5.5 Use or storage of fertiliser\nAn owner or occupier of premises shall not use or keep for the purpose of use as fertiliser, any—\n(a) pig manure, within 200m of townsite boundaries, or within townsites, unless it has been\neffectively treated to the satisfaction of the Environmental Health Officer;\n(b) human faeces; or\n(c) urine.\n5.6 Storage and dispatch of artificial fertiliser\nAn owner or occupier of premises where fertiliser is stored in bulk for sale shall—\n(a) keep all artificial fertiliser in a building—\n(i) of which all internal surfaces are constructed of durable and non-absorbent materials,\nfinished internally with a smooth surface;\n(ii) that protects it from the absorption of moisture; and\n(iii) that is adequately ventilated;\n\n","sortOrder":24},{"sectionNumber":"942","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"942 GOVERNMENT GAZETTE, WA 25 January 2017\n(b) take adequate measures to prevent the emission of dust or offensive effluvia from the\nbuilding; and\n(c) ensure that all artificial fertiliser despatched from the premises is handled and loaded in\nsuch a manner as to prevent any nuisance arising during transit.\n5.7 Storage of fertiliser in a house\nThe owner or occupier of a 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\n5.8 Slaughter of animals\n(1) Subject to subclause (2), a person, unless exempted under 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) slaughter of animals for the purposes of pet meat and game meat operations; and\n(c) slaughter of animals for human consumption in abattoirs approved by the local government.\n5.9 Disposal of dead animals\n(1) An owner or operator of a veterinary practice where dead animals are kept for more than 12 hours,\nshall refrigerate the carcass prior to its removal and disposal, at an approved disposal site.\n(2) An owner or occupier of premises, other than a veterinary practice, on which there is a dead\nanimal shall remove the carcass as soon as possible for its disposal at an approved disposal site.\n(3) An owner or a person having the care of any animal that dies or is killed in a public or private\nplace, shall as soon as possible remove the carcass and arrange for its disposal at an approved\ndisposal site, except where it may be buried on broad acre farmland by the owner.\nDivision 3—Feedlots\n5.10 Interpretation\nFor the purpose of this division—\nfeedlot means a confined area with watering and feeding facilities where animals or birds are\nheld and fed for the purpose of weight gain;\nanimal includes sheep, lambs, goats, deer, cattle and buffalo;\nbirds includes roosters, hens, geese, turkeys, ducks, poultry, emus and ostriches.\n5.11 Premises to be approved\n(1) No premises shall be used as a feedlot unless approved by the local government;\n(2) Subject to subclause (3), no premises shall be approved as a feedlot by the local government unless\nevery portion of such feedlot complies with the minimum separation distances listed in Part 11,\nSchedule 1; and\n(3) Sites unable to satisfy the separation requirements may be approved at the discretion of the local\ngovernment, if the local government is satisfied that approving the feedlot will not give rise to a\nhealth nuisance.\n5.12 Site conditions\n(1) The owner or occupier of the approved feedlot shall ensure the premises—\n(a) is sited on gently sloping land, no greater than 1:20 but not less than 1:100;\n(b) is sited on soils composed of sandy loam soils with sufficient infiltration to avoid surface\nponding and run-off;\n(c) has a minimum groundwater clearance of 3 metres;\n(d) drainage diverts all uncontaminated stormwater from the general waste stream;\n(e) has solid and liquid waste disposal arrangements that are not offensive or injurious to health.\n(2) The owner or occupier of the approved feedlot shall take effective measures to prevent the\ndischarge of dust which may involve—\n(a) reducing the stocking rate immediately to a level that does not cause the discharge of dust; or\n(b) stabilisation of the soil surface to a level that does not cause the discharge of dust; or\n(c) provision of adequate windbreaks to effectively prevent the discharge of dust.\n\n25 January 2017 GOVERNMENT GAZETTE, WA 943\nDivision 4—Piggeries\n5.13 Interpretation\nFor the purpose of this division—\nintensive piggery means pigs are housed, fed and watered in breeding and growing pens in\nsheds;\npiggery in relation to premises shall include any portion of premises to which the pigs have\naccess.\n5.14 Premises to be approved\n(1) No premises shall be used as a piggery unless approved by the local government;\n(2) Subject to subclause (3), no premises shall be approved as a piggery by the local government\nunless every portion of such piggery complies with the minimum separation distances listed in\nPart 11, Schedule 2; or if it is an intensive piggery, the minimum separation distances listed in\nPart 11, Schedule 3; and\n(3) Sites unable to satisfy the separation requirements may be approved at the discretion of the local\ngovernment, if the local government is satisfied that approving the piggery will not give rise to a\nhealth nuisance.\n5.15 Site conditions\nThe owner or occupier of premises shall take effective measures to prevent the discharge of dust\nwhich may involve—\n(a) reducing the stocking rate immediately to a level that does not cause the discharge of dust; or\n(b) stabilisation of the soil surface to a level that does not cause the discharge of dust; or\n(c) provision of adequate windbreaks to effectively prevent the discharge of dust.\n5.16 Prevention of nuisances\nIn order to prevent dust, offensive fumes and effluent becoming a nuisance to the health of the\ninhabitants of the district, an intensive piggery shall comply with the minimum separation distances\nlisted in Part 11, Schedule 3.\nPART 6—PEST CONTROL\nDivision 1—Flies\n6.1 Interpretation\nflies means any of the two-winged insects constituting the order Diptera commonly known as\nflies.\n6.2 Fly breeding matter not to be left on premises unless covered or treated\nAn owner or occupier of premises shall not place, throw or leave, or permit or cause to be placed,\nthrown or left in, on or about the premises any matter or thing which is liable to attract or be a\nbreeding place for flies, unless that matter or thing is covered, protected, treated or dealt with in such\na manner as to effectively prevent it from attracting or being a breeding place for flies.\n6.3 Measures to be taken by an occupier\nAn owner or occupier of premises shall ensure that—\n(a) rubbish receptacles are kept clean and tightly sealed at all times except when refuse is being\ndeposited or emptied;\n(b) food scraps and uneaten pet food are wrapped tightly and deposited in a rubbish receptacle\nwithout delay;\n(c) lawn clippings used on gardens as mulch are raked out thinly;\n(d) fertilisers are dug well into the soil;\n(e) compost heaps are kept well covered;\n(f) barbecues are kept clean and free from food scraps;\n(g) anything that is buried and may attract or be a breeding place for flies is covered with at\nleast 100 millimetres of soil; and\n(h) excrement from pets is collected and properly disposed of without delay.\n6.4 Officer may give notice directing measures to be taken\nWhere in the opinion of an Environmental Health Officer, flies are prevalent or are breeding on any\npremises, the Environmental Health Officer may give to the owner or occupier of the premises notice\nin writing directing him or her to take, within the time specified in the notice, such measures as in\nthe opinion of the Environmental Health Officer are necessary to—\n(a) control the prevalence;\n(b) effect the eradication; or\n(c) effectively prevent the breeding,\nof flies.\n\n","sortOrder":25},{"sectionNumber":"944","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"944 GOVERNMENT GAZETTE, WA 25 January 2017\n6.5 Local government may execute work and recover costs\n(a) a person is required under this Division or directed by a notice given under clause 6.4, to\nexecute any work; and\nthe local government may execute the work and may recover from that person the cost of executing\nthe work, in addition to any penalty for which that person may be liable under this local law.\n(2) The costs and expenses incurred by the local government in the execution of a power under\nsubclause (1) may be recovered in a court of competent jurisdiction from the person referred to in\nDivision 2—Mosquitoes\n6.6 Interpretation\nmosquitoes means any of the two-winged insects constituting the family Diptera Culicidae\ncommonly known as mosquitoes.\n6.7 Measures to be taken to prevent mosquitoes breeding\n(1) An owner or occupier of premises shall ensure that the premises are kept free from possible\nmosquito breeding sites and shall—\n(a) follow any direction of an Environmental Health Officer for the purpose of—\n(i) controlling the prevalence of mosquitoes;\n(ii) eradication of mosquitoes; or\n(iii) effectively preventing the breeding of mosquitoes.\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 a\nsound condition at all times, and mesh having openings no larger than 1.2 millimetres, covers any\neduct vent to the system.\n(4) Where there is a swimming pool on any premises where the circulation system does not function,\nor has not been used such that the pool water is green or stagnant and suitable for breeding\nmosquitoes, the owner or occupier shall, when required by a notice issued by an Environmental\nHealth Officer—\n(a) reactivate the pool circulation system within a time specified and operate it so that the water\nis filtered for as many hours as may be specified; and/or\n(b) chlorinate and adjust the pH of the pool to—\n(i) 4 milligrams per litre free chlorine; and\n(ii) pH within the range 7.2–7.6; or\n(c) empty or drain the pool; or\n(d) add a larvicide to the pool at the specified rate; and\n(e) maintain the pool water free of mosquito breeding.\n(5) 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.\n6.8 The local government may execute and recover costs\n(a) a person is required under this division or directed by a notice given under clause 6.7 to\nexecute any work; and\nthe local government may execute the work and recover from that person the cost of executing the\nwork, in addition to any penalty for which that person may be liable.\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.\nor occupier of premises in relation to any action taken by the local government under subclause (1),\n\n25 January 2017 GOVERNMENT GAZETTE, WA 945\nDivision 3—Rodents\n6.9 Interpretation\nrodents means those animals belonging to the order Rodentia and includes rats and mice but\ndoes not include animals kept as pets in an enclosure designed for the purpose of keeping as\npets animals of that kind;\nfood premises means any premises or vehicle used by a “food business” as defined by section 10\nof the Food Act 2008.\n6.10 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 or occupier shall within the time specified comply with any direction given by an\nEnvironmental Health Officer under this clause.\n6.11 Food and wastes to be kept in rodent and vermin proof receptacles\nA person must not store or allow to be stored, on any premises, any food, refuse or waste matter\nunless it is contained in a rodent proof receptacle or compartment, which is kept effectively protected\nagainst access by rodents.\n6.12 Restrictions on the keeping of rodents\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 in\nlocked cages; and\n(b) if a rodent escapes, forthwith comply with the requirements of section 6.10 and ensure that\nall reasonable steps are taken to destroy or recapture the rodent.\n6.13 Food premises etc. to be cleaned after use\nAn owner or occupier of a food premises, theatre or place of entertainment, whether indoor or outdoor,\nshall cause the premises to be cleaned immediately after the last occasion on which the premises has\nbeen used on that day or, if the use extends after midnight, then immediately after that use.\nDivision 4—Cockroaches\n6.14 Interpretation\ncockroach means any of the various orthopterous insects commonly known as cockroaches.\n6.15 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 action that, in the opinion of the Environmental Health Officer, is necessary or\ndesirable to prevent or deter the presence of cockroaches in or on the premises.\n(3) An owner or occupier shall within the time specified comply with any direction given by an\nEnvironmental Health Officer under this clause.\nDivision 5—Argentine ants\n6.16 Interpretation\nArgentine ant means an ant belonging to the species Limepithema humile (formally Irdomyrmex\nhumilis).\n6.17 Measures to be taken to keep premises free from Argentine ants\n(1) An owner or occupier of premises shall ensure that the premises are kept free from Argentine Ant\ncolonies and shall—\n(a) take all steps to locate any nests, if Argentine Ants are noticed in, on or about the premises;\n(b) properly treat all nests of Argentine Ants with an approved residual based insecticide; and\n(c) whenever required by an Environmental Health Officer—\n(i) treat any area or infestation with an insecticide referred to in 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.\n\n","sortOrder":26},{"sectionNumber":"946","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"946 GOVERNMENT GAZETTE, WA 25 January 2017\nDivision 6—European wasps\n6.18 Interpretation\nEuropean wasp means a wasp Vespula germanica.\n6.19 Measures to be taken to keep premises free from European wasp nests\n(1) An owner or occupier of premises shall ensure that the premises are kept free from European\nWasp nests and shall—\n(a) follow any direction of an Environmental Health Officer for the purpose of destroying the\nEuropean Wasps 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—Arthropod vectors of disease\n6.20 Interpretation\narthropod vectors of disease includes—\n(a) fleas (Siphonaptera);\n(b) bedbugs (Cimex lectularius);\n(c) crab lice (Phthirius pubis);\n(d) body lice (Pediculus humanus humanus); and\n(e) head lice (Pediculus humanus capitis).\n6.21 Responsibility of the owner or occupier\nThe owner or occupier of premises shall—\n(a) keep the premises and any person residing in or on the premises, free from any arthropod\nvectors of disease; and\n(b) comply with the direction of an Environmental Health Officer to treat the premises, or\nanything on the premises, for the purpose of destroying any arthropod vectors of disease.\nPART 7—INFECTIOUS DISEASES\nDivision 1—General provisions\n7.1 Requirements for an owner or occupier to clean, disinfect and disinfest.\n(1) The local government or an Environmental Health Officer may, by notice in writing, direct an\nowner or occupier of premises, within the time and in the manner specified in the notice, to clean,\ndisinfect and disinfest—\n(a) the premises; or\n(b) such things in or on the premises as are specified in the notice,\nor both, to the satisfaction of an Environmental Health Officer.\n(2) An owner or occupier shall comply with a notice given under subclause (1).\n7.2 Direction to disinfect or disinfest premises\n(1) Where the Chief Executive Officer or the Medical Officer is satisfied that any case of infectious\ndisease has occurred on any premises, the Chief Executive Officer or the Medical Officer may direct\nan owner or occupier to disinfect and disinfest the premises or any part of the premises and anything\nin or on the premises.\n(2) Where in the opinion of the Chief Executive Officer or the Medical Officer, where the owner or\noccupier directed in subclause (1) does not disinfect or disinfest the premises in a reasonable period or\nwhere as a matter of urgency, the premises or any part of the premises and anything in or on the\npremises must be disinfected or disinfested. An owner or occupier of premises shall permit, and\nprovide access to enable, an Environmental Health Officer, other local government officer or other\nperson 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\n7.3 Insanitary houses, premises and things\n(1) An owner or occupier of any house or premises shall maintain the house or premises free from any\ninsanitary condition or thing.\n(2) Where an Environmental Health Officer considers that a house is insanitary, the officer may, by\nnotice in writing, direct an owner of the house, within the time and in the manner specified in the\nnotice, to amend the house.\n\n25 January 2017 GOVERNMENT GAZETTE, WA 947\n(3) Where an Environmental Health Officer considers that—\n(a) a 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 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.\n7.4 Persons in contact with an infectious disease sufferer\nIf a person in any house is, or is suspected of, suffering from an infectious disease, any occupant of the\nhouse or any person who enters or leaves the 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.\n7.5 Declaration of infected 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 house or premises to be infected.\n(2) A person shall not enter or leave any house or premises declared to be infected without the written\nconsent of the Medical Officer or an Environmental Health Officer.\n7.6 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 that all steps be taken to enable the condition to be\ncontrolled or eradicated or the animal destroyed and disposed of—\n(a) in the manner and within the time specified in the notice; and\n(b) by the person in whose possession, or upon whose premises, the animal is located.\n(2) A person who has in his or her possession or upon premises occupied by him or her, an animal\nwhich is the subject of a notice under subclause (1) shall comply with the terms of the notice.\n7.7 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 any\ninfectious disease shall, subject to subclause (2), cause the body to be buried or disposed of in such\nmanner, within 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 morgue.\n7.8 The local government may carry out work and recover costs\n(a) a person is required under this Division or by a notice given under this Division, to carry out\nany work; and\nthat person commits an offence and the local government may carry out the work or arrange for the\nwork to be carried out by another.\n(2) The costs and expenses incurred by the local government in the execution of a power under this\nclause may be recovered in a court of competent jurisdiction from the person referred to in\nsubclause (1)(a).\nDivision 2—Disposal of used condoms and needles\n7.9 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\n7.10 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.\n\n948 GOVERNMENT GAZETTE, WA 25 January 2017\nPART 8—LODGING HOUSES\nDivision 1—Registration\n8.1 Interpretation\n(1) In this Part, unless the context otherwise requires—\nbed means a single sleeping berth only, and a double bed provided for the use of couples has the\nsame floor space requirements as two single beds;\nbunk means a sleeping berth comprising one of two beds arranged vertically;\ndormitory means a building or room utilised for sleeping purposes at a short term hostel or a\nrecreational campsite;\nFood Standards Code means the Australia New Zealand Food Standards Code as defined in the\nFood Standards Australia New Zealand Act 1991 (Cth);\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;\nlaundry unit means a group of facilities consisting of—\n(a) a washing machine with a capacity of not less than 4 kilograms weight of dry clothing;\n(b) one wash trough of not less than 36 litres capacity, connected to both hot and cold\nwater;\n(c) either an electric drying cabinet or not less than 30 metres of clothes line; and\n(d) a hot water system that—\n(i) is capable of delivering an adequate supply of water at a temperature of at least\n65 degrees Celsius for each washing machine provided with the communal\nfacilities; and\n(ii) has a delivery rate of not less than 0.076 litres per second to each washing\nmachine;\nlodger means a person who obtains, for hire or reward, board or lodging in a lodging house;\nlodging house includes a recreational campsite, a serviced apartment, a short term hostel and\nany premises used for transient workforce accommodation;\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;\nmotel means premises used to accommodate patrons in which specific provision is made for the\naccommodation of patrons with motor vehicles;\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 but\ndoes not include a camp or caravan within the meaning of the Caravan Parks and\nCamping Grounds Act 1995;\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 and includes a motel;\nshort term hostel means a lodging house where the period of occupancy of any lodger is not more\nthan 14 consecutive days and includes a youth hostel or a backpacker hostel.\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\nthe act to be done, or of preventing the act so forbidden from being done, as the case may be.\n8.2 Lodging house not to be kept unless registered\nA person shall not keep or cause or allow 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 8.4;\n(c) the name of the person keeping or proposing to keep the lodging house is entered in the\nregister of keepers; and\n(d) when required by the local government either—\n(i) the keeper; or\n(ii) a manager who, with the written approval of an Environmental Health Officer, has\nbeen appointed by the keeper to have the care and management of the lodging house,\nresides or intends to reside continuously in the lodging house whenever there is one or more lodgers\nin the lodging house.\n\n25 January 2017 GOVERNMENT GAZETTE, WA 949\n8.3 Application for registration\n(1) An application for registration of a lodging house shall be—\n(a) in the form approved by the local government from time to time;\n(b) duly completed and signed by the proposed keeper; and\n(c) accompanied by—\n(i) the approved fee as fixed from time to time by the local government under section 344C\nof the Act; and\n(ii) detailed plans and specifications of the lodging house.\n8.4 Approval of application\nThe local government may approve, with or without conditions, an application for registration of a\nlodging house by issuing to the applicant a certificate of registration in the form approved by the local\ngovernment from time to time.\n8.5 Renewal of registration\n(1) A 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 in the form approved by the local government from time to\ntime; and\n(b) pay the approved fee as fixed from time to time by the local government under section 344C of\nthe Act at the time of making each application for renewal.\n8.6 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, in the form approved by the local government from time to time, written notice of\nthe full name, address and occupation of the person to whom the lodging house has been, or is to be,\nsold or transferred.\n8.7 Revocation of registration\n(1) Subject to subclause (3), the local government may, at any time, revoke the registration of a\nlodging house for any reason which, in the opinion of the local government, justifies the revocation.\n(2) Without limiting the generality of subclause (1), the local government may revoke a registration\nupon any one or more of the following grounds—\n(a) that the lodging house has not, to the satisfaction of the local government, been kept free\nfrom vectors of disease or remained in a clean and sanitary condition;\n(b) that the keeper has—\n(i) been convicted of an offence against this local law in respect of the lodging house;\n(ii) not complied with a requirement of this Part; or\n(iii) not complied with a condition of registration;\n(c) that the local government, having regard to a report from the Police, is satisfied that the\nkeeper or manager is not a fit and proper person; and\n(d) that, by reason of alterations or additions or neglect to repair and renovate, the condition of\nthe lodging house is such as to render it, in the opinion of the local government, unfit to\nremain registered.\n(3) Before revoking the registration of a lodging house under this local law, the local government shall\ngive notice to the keeper requiring him or her, within a time specified in the notice, to show cause why\nthe registration should not be revoked.\n(4) Whenever the local government revokes the registration of a lodging house, it shall give the keeper\nnotice of the revocation and the registration shall be revoked as from the date on which the notice is\nserved on the keeper.\nDivision 2—Construction and use requirements\n8.8 General construction requirements\nThe construction of a lodging house shall comply with the Building Code and the Act.\n8.9 Sanitary conveniences\n(1) A keeper shall maintain in good working order and condition and in convenient positions on the\npremises—\n(a) toilets; and\n(b) bathrooms, each fitted with a hand wash basin and either a shower or a bath;\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\n","sortOrder":27},{"sectionNumber":"950","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"950 GOVERNMENT GAZETTE, WA 25 January 2017\n(4) The walls of each shower and bath shall be of an impervious material to a minimum 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 and ventilation.\n(6) Paragraphs (b) and (c) of subclause (5) do not apply to a serviced apartment.\n8.10 Laundry\n(1) A keeper shall—\n(a) subject to subclause (2)—\n(i) in the case of a recreational campsite, provide on the premises a laundry consisting of\nat least one 45 litre stainless steel trough; and\n(ii) in any other case, provide on the premises a laundry unit for each 15 lodgers;\n(b) at all times maintain each laundry or laundry unit in a proper sanitary condition and in good\nrepair;\n(c) provide an adequate supply of hot and cold water to each wash trough, sink, or washing\nmachine; and\n(d) ensure that the floor area of each laundry or laundry unit is properly surfaced with an even\nfall to a floor waste.\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.\n8.11 Kitchen\nA keeper of a lodging house shall provide in that lodging house a kitchen—\n(a) which has a minimum floor area of—\n(i) where lodgers prepare their own meals—0.65 square metres per person; or\n(ii) where meals are provided by the keeper or 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) which 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; and\n(c) which must be required by the local government to comply with any of the requirements of\nStandard 3.2.3 of the Food Standards Code.\n8.12 Dining room\nThe keeper of a lodging house shall provide in that lodging house a dining room—\n(a) located in close proximity to, or combined with, the kitchen;\n(b) the floor area of which shall be 0.5 square metres per person or not less than 10 square\nmetres whichever is the greater; and\n(c) which shall be—\n(i) adequately furnished to accommodate, at any one time, half of the number of lodgers;\nand\n(ii) provided with a suitable floor covering.\n8.13 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 is not combined with the dining room, not less than 0.6 square metres\nper person; or\n(ii) where the lounge room is combined with a dining room, not less than 1.2 square metres\nper person but in either case having a minimum of 13 square metres; and\n(b) 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.\n8.14 Fire prevention and control\n(1) The keeper of a lodging house must—\n(a) in each passage in the lodging house provide an emergency light—\n(i) in the position and pattern approved by an Environmental Health Officer; and\n(ii) which must be kept separate from the general lighting system and kept illuminated\nduring the hours of darkness;\n\n25 January 2017 GOVERNMENT GAZETTE, WA 951\n(b) provide an approved fire blanket positioned within 2 metres of the cooking area in each\nkitchen;\n(c) ensure that each exit sign and fire-fighting appliance is clearly visible, accessible and\nmaintained in good working order at all times;\n(d) ensure all fire-fighting equipment and fire detection and alarm systems are adequately\nmaintained at all times in such a condition as will enable their proper performance; and\n(e) ensure that a lodger or other person does not smoke in any dormitory, kitchen, dining room,\nor other enclosed public place within a lodging house.\n(2) The keeper of a lodging house must ensure that all buildings comprising the lodging house are\nfitted with fire protection equipment in accordance with the Building Code.\n8.15 Obstruction of passages and stairways\nA keeper shall not cause or allow furniture, fittings or other things to be placed either temporarily or\npermanently in or on—\n(a) a stairway, stair landing, fire-escape, window or common passageway; or\n(b) part of the lodging house in common use or intended or adapted for common use\nin such a manner as to form an obstruction to the free passage of lodgers, residents or persons in or\noccupying the lodging house.\n8.16 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.\n8.17 Restriction on use of rooms for sleeping\n(1) Subject to subclause (3) and clause 8.31, 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, storeroom, 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 a short term hostel or a recreational campsite, contains less than\n5.5 square metres of clear space for each lodger occupying the room;\n(f) which is naturally illuminated by windows having a ratio of less than 0.1 square metres of\nunobstructed glass to every 1.0 square metre of floor area;\n(g) which is ventilated at a ratio of less than 0.5 square metres of unobstructed ventilating area\nto every 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 and efficient order;\n(i) which is not free from internal dampness;\n(j) of which any part of the floor is below the level of the adjoining ground; or\n(k) the floor of which is not fitted with an approved carpet or vinyl floor covering or other floor\ntreatment approved by an Environmental Health Officer.\n(2) For the purposes of this clause, 2 children under the age of 10 years are counted as one lodger.\n(3) Paragraphs (a), (b) and (c) of subclause (1) do not apply to a serviced apartment.\n8.18 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 each dormitory utilising bunks.\n(2) The calculation of floor space in subclause (1) shall exclude the area occupied by any large items of\nfurniture, such as wardrobes, but may include the area occupied by beds.\n(3) The minimum height of any ceiling in a short term hostel or recreational campsite shall 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, and shall ensure that dormitories are provided with direct ventilation to\nthe open air from a point within 230 millimetres of the ceiling level through a fixed open\nwindow or vents, carried as direct to the open air as is practicable; and\n(b) mechanical ventilation in lieu of fixed ventilation, subject to the approval of the local\ngovernment.\n\n","sortOrder":28},{"sectionNumber":"952","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"952 GOVERNMENT GAZETTE, WA 25 January 2017\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; and\n(ii) in recreational campsites—750 millimetres x 1.85 metres; 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 that, where bed or bunk heads are placed against the wall on either side of a\ndormitory, there is a passageway of at least 1.35 metres between each row of beds and a\npassageway of at least 2 metres between each row of bunks, and shall ensure that the\npassageway is kept clear of obstruction 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—1993 and AS/NZS 1530.3:1999 as\nfollows—\n(i) Drapes, curtains, blinds and bedcovers—\na maximum Flammability Index of 6;\n(ii) Upholstery and bedding—\na maximum Spread of Flame Index of 6; and\na maximum Smoke Developed Index of 5;\n(iii) Floor coverings—\na maximum Spread of Flame Index of 7; and\na maximum Smoke Developed Index of 5;\n(b) Fire retardant coatings used to make a material comply with the indices set out in\nsubclause (8)(a) must be—\n(i) certified by the manufacturer as approved for use with the fabric to achieve the\nrequired indices;\n(ii) certified by the manufacturer to retain its fire retardative effect after a minimum of\n5 commercial dry cleaning or laundering operations carried out in accordance with\nAS 2001.5.4—2005, Procedure 7A, using ECE reference detergent; and\n(iii) certified by the applicator as having been carried out in accordance with the\nmanufacturer’s specification;\n(c) emergency lighting is provided in accordance with the Building Code;\n(d) a lodger or other person does not smoke in any dormitory, kitchen, dining room or other\nenclosed public place within a short term hostel or recreational campsite; and\n(e) all mattresses in a short term hostel or recreational campsite are fitted with a mattress\nprotector.\n8.19 Furnishing of rooms\n(1) A keeper shall—\n(a) furnish each sleeping room with a sufficient number of beds and sufficient bedding of good\nquality;\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, a blanket or rug and, from\n","sortOrder":29},{"sectionNumber":"1","sectionType":"section","heading":"May to 30 September, not less than one additional blanket or rug; and","content":"1 May to 30 September, not less than one additional blanket or rug; and\n(c) furnish each bedroom so that there are adequate storage facilities for belongings within the\nroom.\n(2) A keeper shall not cause or allow any tiered beds or bunks to be used in a sleeping apartment\nother than a lodging house used exclusively as a short term hostel or recreational campsite.\n(3) The sheets and blankets required to be provided by subclause (1)(b)(ii), shall be deemed to have\nbeen provided by the keeper, where the keeper offers them for hire to the lodgers. In such\ncircumstances, each lodger must either provide his own clean sheets or hire them from the keeper.\n(4) In a short-term hostel or recreational campsite, the storage facilities required by subclause (1)(c)\nmay be located in a separate secure storage room or locker room.\n8.20 Ventilation\nIf, 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\n25 January 2017 GOVERNMENT GAZETTE, WA 953\n8.21 Numbers to be placed on doors\n(1) A keeper shall number each room available to a lodger or provide an alternative means of\nidentification approved by an Environmental Health Officer.\n(2) The number or alternate means of identification is to be legible and easily identified.\nDivision 3—Management and care\n8.22 Keeper or manager to reside in the lodging house\nNo keeper of a lodging house shall be absent from such house, unless\n(a) a manager is left in charge, or\n(b) other care arrangement as approved in writing by the local government, is in place.\n8.23 Register of lodgers\n(1) A keeper shall keep a register of lodgers in the form approved by the local government from time\nto time.\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.\n8.24 Keeper report\nA keeper shall, whenever required by the local government, report to the local government, in the\nform approved by the local government from time to time, the name of each lodger who lodged in the\nlodging house during the preceding day or night.\n8.25 Certificate in respect of sleeping accommodation\n(1) An Environmental Health Officer may issue to a keeper, a certificate, in respect of each room,\nwhich shall be in the form approved by the local government from time to time.\n(2) The certificate issued under subclause (1) shall specify the maximum number of persons permitted\nto occupy each room of 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 in the room to which it refers.\n(4) A person shall not cause or allow a greater number of persons than is specified on a certificate\nissued under this clause to occupy the room to which it refers.\n8.26 Duplicate keys and inspection\nEach keeper and manager of a lodging house shall—\n(a) retain possession of a duplicate key to the door of each room; and\n(b) when required by an Environmental Health Officer, open the door of any room for the\npurposes of inspection by the Environmental Health Officer.\n8.27 Room occupancy\n(1) A keeper shall not—\n(a) cause or allow more than the maximum number of persons permitted by the certificate of\nregistration of the lodging house to be lodged at any one time in the lodging house;\n(b) cause or allow to be placed or kept in any sleeping apartment—\n(i) a larger number of beds; or\n(ii) a larger quantity of bedding,\nthan is required to accommodate and provide for the maximum number of persons permitted\nto occupy the sleeping apartment at any one time; and\n(c) use, or cause, or allow to be used, for sleeping purposes, a room that—\n(i) has not been certified for that purpose; and\n(ii) the local government has forbidden to be used as a sleeping apartment.\n(2) For the purpose of this clause, 2 children under 10 years of age shall be counted as 1 lodger.\n8.28 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.\n8.29 Cleaning and maintenance requirements\n(1) In this clause—\nbed linen includes sheets, pillow cases and mattress covers.\n\n","sortOrder":30},{"sectionNumber":"954","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"954 GOVERNMENT GAZETTE, WA 25 January 2017\n(2) A keeper of a lodging house shall—\n(a) maintain in a clean, sound and undamaged condition—\n(i) the floor, walls, ceilings, woodwork and painted surfaces;\n(ii) the floor coverings and window treatments; and\n(iii) the toilet seats;\n(b) maintain in a clean condition and in good working order—\n(i) all fixtures and fittings; and\n(ii) windows, doors and door furniture;\n(c) ensure that the internal walls of each bathroom and toilet are painted so as to maintain a\nsmooth impervious washable surface;\n(d) ensure that all floors are kept clean at all times;\n(e) ensure that—\n(i) all bed linen, towels, and house linen in use are washed at least once a week;\n(ii) within a reasonable time of a bed having been vacated by a lodger or resident, or prior\nto the room being re-let, the bed linen is removed and washed;\n(iii) a person does not occupy a bed which has been used by another person unless the bed\nhas been provided with clean bed linen;\n(iv) all beds, bedsteads, blankets, rugs, covers, bed linen, towels and house linen are kept\nclean, in good repair and free from vectors of disease;\n(v) when any vectors of disease are found in a bed, furniture, room or sleeping apartment,\nimmediate effective action is taken to eradicate the vectors of disease; and\n(vi) a room which is not free from vectors of disease is not used as a sleeping apartment;\n(f) when so directed by an Environmental Health Officer, ensure that—\n(i) a room, together with its contents, and any other part of the lodging house, is cleaned\nand disinfected; and\n(ii) a bed or other article of furniture is removed from the lodging house and properly\ndisposed of;\n(g) ensure that the yard is kept clean at all times;\n(h) provide all bedrooms, passages, common areas, toilets, bathrooms and laundries with\nadequate lighting; and\n(i) comply with any direction, whether orally or in writing, given by an Environmental Health\nOfficer.\n8.30 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 that are inflammable or\noffensive;\n(c) use a bath or hand wash basin other than for ablutionary purposes;\n(d) use a bathroom facility or fitting for laundry purposes;\n(e) use a sink installed in a kitchen or scullery for any purpose other than the washing and\ncleaning of cooking and eating utensils, other kitchenware and culinary purposes;\n(f) deposit rubbish or waste food other than into a proper rubbish receptacle;\n(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 8.31—\n(i) keep, store, prepare or cook food in any sleeping apartment; or\n(ii) unless sick or invalid and unable to leave a sleeping apartment for that reason, use a\nsleeping apartment for dining purposes;\n(i) place or keep, in any part of a lodging house, any luggage, clothing, bedding, or furniture that\nis infested with vectors of disease;\n(j) store or keep such a quantity of furniture, material or goods within the lodging house—\n(i) in any kitchen, living or sleeping apartment so as to prevent the cleaning of the floors,\nwalls, fittings or fixtures; or\n(ii) in a sleeping apartment so as to decrease the air space to less than the minimum\nrequired by this Part;\n(k) obstruct or prevent the keeper or manager from inspecting or examining the room or rooms\noccupied by the lodger or resident; or\n(l) fix any fastener or change any lock to a door or room without the written approval of the\nkeeper.\n\n25 January 2017 GOVERNMENT GAZETTE, WA 955\n8.31 Approval for storage of food\n(1) An Environmental Health Officer may—\n(a) approve the storage of food within a refrigerator or sealed container in a sleeping apartment;\nand\n(b) withdraw the approval if a nuisance or vector of disease infestation is found to exist in the\nlodging house.\n(2) The keeper of a serviced apartment may permit the storage and consumption of food within that\napartment if suitable storage and dining facilities are provided.\nPART 9—OFFENSIVE TRADES\n9.1 Interpretation\nIn this Part, unless the context otherwise requires—\noccupier in relation to premises includes the person registered as the occupier of the premises\nspecified in the Certificate of Registration;\noffensive trade means any one or more of the trades, businesses or occupations usually carried\non, in or connected with, the following works or establishments—\n(a) fish processing premises, fish curing premises and shellfish and crustacean processing\nestablishments;\n(b) laundries, dry cleaning premises and dye works; and\n(c) any trade as defined by section 186 of the Act;\npremises includes houses.\n9.2 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 application in the form approved by the local government from time to\ntime and in accordance with the local government’s Planning Scheme.\n9.3 False statement\nA person who makes a false statement in an application under clause 9.2 shall be guilty of an offence.\n9.4 Registration of premises\nAn application for the registration of premises pursuant to section 191 of the Act shall be—\n(a) in the form approved by the local government from time to time;\n(b) accompanied by the fee prescribed in the Health (Offensive Trades Fees) Regulations 1976 as\namended from time to time; and\n(c) lodged with the Chief Executive Officer of the local government.\n9.5 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 approved by the local government from time to time.\n9.6 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.\n9.7 Alterations to premises\nWhile any premises remain registered under this Division, a person shall not, without the written\npermission of the local government, make or permit any change or alteration whatever to the\npremises.\nDivision 2—General duties of an occupier\n9.8 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\nthe premises means those premises in or upon which an offensive trade is carried on.\n9.9 Cleanliness\n(a) keep or cause to be kept in a clean and sanitary condition and in a state of good repair the\nfloors, walls and ceilings and all other portions of the premises;\n(b) keep or cause to be kept in a clean and sanitary condition and in a state of good repair all\nfittings, fixtures, appliances, machinery, implements, shelves, counters, tables, benches, bins,\ncabinets, sinks, drain boards, drains, grease traps, tubs, vessels and other things used on or\nin connection with the premises;\n(c) keep the premises free from any unwholesome or offensive odour arising from the premises;\n\n","sortOrder":31},{"sectionNumber":"956","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"956 GOVERNMENT GAZETTE, WA 25 January 2017\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.\n9.10 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.\n9.11 Sanitary conveniences and hand wash basin\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.\n9.12 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.\n9.13 Effluvia, vapours, gases or dust\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.\n9.14 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 receptacles to be removed from the premises at least once in every\nworking day or at such other intervals as may be approved or directed by an Environmental\nHealth Officer; and\n(e) cause all receptacles after being emptied to be cleaned immediately with an efficient\ndisinfectant.\n9.15 Storage of materials\nThe occupier shall take reasonable steps to cause all material on the premises to be stored so as not to\nbe offensive or injurious to health whether by smell or otherwise and so as to prevent the creation of a\nnuisance.\n9.16 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 offensive trade, the occupier shall—\n(a) cause the floor of the premises to—\n(i) be properly paved and drained with impervious material;\n(ii) have a smooth surface; and\n(iii) have a fall to a bucket trap or spoon drain in such a way that all liquids falling on the\nfloor shall be conducted by the trap or drain to a drain inlet situated inside the building\nwhere the floor is situated;\n(b) cause the angles formed by the walls with any other wall, and by the wall with the floor, to be\ncoved to a radius of not less than 25 millimetres; and\n(c) cause all liquid refuse to be—\n(i) cooled to a temperature not exceeding 26 degrees Celsius and be in accordance with the\nWater Services Act 2012 before being discharged into any drain outlet from any part of\nthe premises; and\n(ii) directed through such screening or purifying treatment as an Environmental Health\nOfficer may from time to time direct.\n\n25 January 2017 GOVERNMENT GAZETTE, WA 957\n9.17 Directions\n(1) An Environmental Health Officer may give to the occupier directions to prevent or diminish the\noffensiveness of a trade or to safeguard the public health.\n(2) The occupier shall comply with any directions given under this clause.\n9.18 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\n9.19 Interpretation\nfish premises may include a fish processing establishment, fish curing establishment and a\nshellfish and crustacean processing establishment.\n9.20 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.\n9.21 Disposal of waste\nThe occupier of a fish premises shall take reasonable steps to cause all offal and wastes, all rejected\nand unsaleable fish and any rubbish or refuse which is likely to be offensive or a nuisance to be—\n(a) placed in the receptacles referred to in clause 9.14 and disposed of in accordance with that\nclause; or\n(b) kept in a frozen state in an approved enclosure before its removal from the premises.\n9.22 Fish containers\nThe occupier of a fish premises shall take reasonable steps to not allow any container used for the\ntransport 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\n9.23 Interpretation\ndry cleaning establishment—\n(a) means premises where clothes or other articles are cleaned by use of solvents without\nusing water; but\n(b) does not include premises in which perchlorethylene or arklone is used as dry cleaning\nfluid in a fully enclosed machine operating on a full cycle;\ndye works means a place where articles are commercially dyed, but does not include dye works in\nwhich provision is made for the discharge of all liquid waste there from, into a public sewer;\nexempt laundromat means a premises in which—\n(a) laundering is carried out by members of the public using, 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 there from 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 with commercial grade machinery but\ndoes not include an exempt laundromat.\n9.24 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.\n\n","sortOrder":32},{"sectionNumber":"958","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"958 GOVERNMENT GAZETTE, WA 25 January 2017\n9.25 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(b) cause such articles as may be directed by an Environmental Health Officer to be thoroughly\ndisinfected to the satisfaction of the officer.\n(2) A person shall not bring or permit food to be brought into the reception room referred to in this\nclause.\n9.26 Walls and floors\nUnless with the written approval of the local government, the occupier of a laundry, dry cleaning\nestablishment or dye works shall cause—\n(a) the internal surfaces of all walls to be rendered with a cement plaster with a steel float finish\nor other approved material to a height of 2 metres with a smooth impervious surface;\n(b) the floor to be constructed of concrete and finished with a smooth impervious surface; and\n(c) every floor and wall of any building on the premises to be kept at all times in good order and\nrepair, so as to prevent the absorption of any liquid which may be splashed or spilled or may\nfall or be deposited on it.\n9.27 Laundry floor\nUnless with the written approval of the local government, the occupier of a laundry shall provide in\nfront of each washing machine a non-corrosive grate, at least 910 millimetres in width and so\nconstructed as to prevent any person from standing in water on the floor.\n9.28 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.\n9.29 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.\n9.30 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.\n9.31 Sleeping on premises\nA person shall not use or permit any room in a laundry, dry cleaning establishment or dye works to be\nused for sleeping purposes.\nPART 10—OFFENCES AND PENALTIES\n10.1 Offences and penalties\n(1) A person who contravenes a provision of this local law commits an offence.\n(2) A person who commits an offence under subclause (1) is liable—\n(a) to a penalty which is not more than $2 500 and not less than—\n(i) in the case of a first such offence, $250;\n(ii) in the case of a second such offence, $500; and\n(iii) in the case of a third or subsequent such offence, $1 250; and\n(b) if the offence is a continuing offence a daily penalty which is not more than $250 and not less\nthan $125.\n————\n\n25 January 2017 GOVERNMENT GAZETTE, WA 959\nPART 11—SCHEDULES\nSchedule 1\nREQUIRED BUFFER DISTANCES FOR FEEDLOTS\n[Clause 5.11(2)]\nRequired buffer distances for feedlots\nBuffer Distance\nTownsite boundaries 5,000 m\nIsolated rural dwellings, dairies and industries 1,000 m\nPublic roads and recreation areas 100 m\nNeighbouring rural property boundaries 50 m\nMajor water course and water impoundments 300 m\nBores, wells or soaks used for drinking, stock or irrigation 300 m\nMinor water courses 100 m\n————\n","sortOrder":33},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":null,"content":"Schedule 2\nREQUIRED BUFFER DISTANCES FOR PIGGERIES\n[Clause 5.14(2)]\nRequired Buffer Distances for Piggeries\nBuffer Distances\nTownsite boundaries 5,000m\nIsolated rural dwellings, dairies and industries 1,000m\nPublic roads and recreation areas 100m\nNeighbouring rural property boundaries 50m\nMajor water course and water impoundments 300m\nBores, wells or soaks used for drinking, stock or irrigation 300m\nMinor water courses 100m\n————\n","sortOrder":34},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":null,"content":"Schedule 3\nREQUIRED BUFFER DISTANCES FOR INTENSIVE PIGGERIES\n[Clause 5.16]\nRequired buffer distances for intensive piggeries\nTownsite\nBoundaries\nIsolated\nrural\ndwellings,\ndairies,\nindustries\nPublic\nroads,\nrecreation\nareas\nNeighbouring\nrural\nproperty\nboundaries\nSurface\nwater\nsupply\ncatchments\nWater-\ncourses/rural\nwater\nimpoundments\nBores/wells/\nsoaks\nDrinking\nwater supply\nStock\nirrigation\nsupply\nPiggeries and\nfacilities catering\nfor more than\n5000 pigs\n5,000m 1,000m 200m 50m Not\n500-5000 pigs 3,500m 1,000m 150m 50m Not\n50-499 pigs 2,000m 1,000m 100m 50m Not\nLess than 50 pigs 500m 1,000m 50m 30m Not\n200m 300m 100m\nLand used to\ndispose of raw or\npartly treated\nwastes\n1,000m 1,000m 100m 50m Not\n300m 300m 300m\nLand used to\ndispose of\neffectively treated\nwastes\n200m 50m 20m 20m Not\n100m 100m 100m\n\n","sortOrder":35},{"sectionNumber":"960","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"960 GOVERNMENT GAZETTE, WA 25 January 2017\nThis Local Law was made by the Shire of Kulin at an Ordinary Meeting of Council held on the 18th\nday of May in the year 2016.\nThe Common Seal of the Shire of Kulin was affixed by authority of a resolution of the Council in the\npresence of—\nCr BARRY WEST, Shire President.\nMs CASSI-DEE VANDENBERG, Acting Chief Executive Officer.\n————\nConsented to—\nTARUN WEERAMANTHRI, Executive Director Public Health.\nDated this 31st day of October 2016.\n\n25 January 2017 GOVERNMENT GAZETTE, WA 961\nANIMALS, ENVIRONMENT AND NUISANCE LOCAL LAW 2016\nCONTENTS\n1.2 Commencement\n1.3 Application\n1.4 Interpretation\nPART 2—KEEPING OF ANIMALS\nDivision 1—Animals\n2.2 Cleanliness\n2.3 Animal enclosures\n2.4 Cats\nDivision 2—Keeping of birds\n2.5 Keeping of poultry and pigeons in a residential zone, residential development zone and\ntownsite zone\n2.6 Conditions for keeping of poultry\n2.7 Roosters, geese, turkeys and peafowl\n2.8 Conditions for keeping of pigeons\n2.9 Restrictions on pigeon nesting and perching\n2.10 Conditions of keeping aviary birds\n2.11 Nuisance caused by birds\nDivision 3—Keeping of bees\n2.12 Permit required to keep bees\n2.13 Application for a permit\n2.14 Determination of application\n2.15 Conditions of approval\n2.16 Variation or cancellation of permit and conditions\n2.17 Permit holder to notify cessation of registration or keeping of bees\n2.18 Permit not transferable\n2.19 Nuisance\n2.20 Notice to remove bees\nDivision 4—Keeping of farm animals\n2.21 Permit required to keep farm animals\n2.22 Application for a permit to keep farm animals\n2.23 Determination of application to keep farm animals\n2.24 Conditions of approval to keep farm animals\n2.25 Variation or cancellation of permit to keep farm animals and conditions of permit\n2.26 Conditions for keeping farm animals\n2.27 Keeping a miniature horse\n2.28 Keeping a miniature pig\n2.29 Requirements for farm animal shelters\nDivision 5—Livestock\n2.30 Livestock not to stray\n2.31 Property to be fenced\n\n962 GOVERNMENT GAZETTE, WA 25 January 2017\nPART 3—BUILDING, DEVELOPMENT AND LAND CARE\nDivision 1—Litter and refuse on building sites\n3.1 Provision of refuse receptacles\n3.2 Control of refuse\n3.3 Unauthorised storage of materials\nDivision 2—Prevention of dust and liquid waste\n3.4 Prohibited activities\n3.5 Dust management\nDivision 3—Unsightly land and disused materials\n3.6 Removal of refuse and disused materials\n3.7 Removal of unsightly overgrowth of vegetation\n3.8 Storage of vehicles, vessels and machinery\n3.9 Disposing of disused refrigerators or similar containers\nDivision 4—Hazardous materials\n3.10 Hazardous trees\nPART 4—NUISANCES AND DANGEROUS THINGS\nDivision 1—Light\n4.1 Use of exterior lights\n4.2 Emission or reflection of light\n4.3 Notice may require specified action to prevent emission or reflection of light\nDivision 2—Smoke, fumes, odours and other emissions\n4.4 Burning rubbish, refuse or other material\n4.5 Escape of smoke, fumes, odours and other emissions\nDivision 3—Trucks\n4.6 Livestock vehicles\n4.7 Truck noise from residential land\nDivision 4—Swimming pool backwash management\n4.8 Disposal of swimming pool backwash\nDivision 5—Stormwater management\n4.9 Containment of stormwater\nDivision 6—Amusement activities\n4.10 Nuisance\n4.11 Abatement by authorised person\nDivision 7—Advertising, bill posting and junk mail\n4.12 Placement of advertisement, bill posting or junk mail\n4.13 Exemptions\nDivision 8—Bird nuisance\n4.14 Restrictions on feeding of birds\nPART 5—OBJECTIONS AND REVIEWS\n5.1 Objections and reviews\nPART 6—ENFORCEMENT\nDivision 1—Notice of breach\n6.1 Notice of breach\n6.2 Form of notices\n6.3 When local government may undertake work required by notice\nDivision 2—Offences and penalties\nSubdivision 1—General\n6.4 Offences and penalties\nSubdivision 2—Infringement notices and modified penalties\n6.5 Prescribed offences\n6.6 Form of infringement notices\n","sortOrder":36},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"PRESCRIBED OFFENCES","content":"SCHEDULE 1—PRESCRIBED OFFENCES\n\n25 January 2017 GOVERNMENT GAZETTE, WA 963\nANIMALS, ENVIRONMENT AND NUISANCE LOCAL LAW 2016\nUnder the powers conferred by section 342 of the Health Act 1911 and Subdivisions 1 and 2 of\nDivision 2 of Part 3 of the Local Government Act 1995 and under all other powers enabling it, the\nCouncil of the Shire of Kulin resolved on the 19th day of October in the year 2016 to make the\nfollowing local law.\nThis local law may be cited as the Shire of Kulin Animals, Environment and Nuisance Local Law\n2016.\n1.2 Commencement\nThis local law comes into operation on the same day it is published in the Government Gazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Interpretation\n(1) In this local law, unless the context specifies otherwise—\nAct means the Local Government Act 1995;\naffiliated person means a person who is a member of a poultry or pigeon club incorporated\nunder the Associations Incorporation Act 2015;\namusement means anything usually conducted for amusement at a fair, a carnival or a show,\nwhether conducted at a fair, a carnival or a show or elsewhere;\napproved animal means any farm animal which is the subject of a permit;\nauthorised person means a person appointed by the local government, under section 9.10 of the\nAct to perform all or any of the functions conferred on an authorised person under this local\nlaw;\naviary bird means any bird, other than poultry or pigeons, kept, or usually kept in an aviary or\ncage;\nbeekeeper has the meaning given to it in Regulation 3 of the Biosecurity and Agriculture\nManagement Regulations 2013;\nbirds includes poultry;\nbuilder means the holder of a building permit issued in respect of building works on a building\nsite or a person in control of a building site;\nBuilding Code means the latest edition of the Building Code of Australia published by, or on\nbehalf of, the Australian Building Codes Board, as amended from time to time, but not\nincluding explanatory information published with the Building Code;\nbuilding permit has the meaning given to it by the Building Act 2011;\nbroadacre farming means the activity of producing cereal grains, coarse grains, pulses, oilseeds\nand the like including the production of farm animals and livestock and any combination of\nsuch activities on rural zone land outside of townsites;\nbuilding site means any lot for which a building permit is current;\ncattery means a place where more than 3 cats are kept for the purposes of boarding or more than\n6 cats are kept for the purpose of breeding;\nClass 6 building means any Class 6 building as defined by the Building Code;\nClass 9 building means any Class 9 building as defined by the Building Code;\nCode of Practice—Pigeon Keeping means the Code of Practice for Pigeon Keeping and Racing\nin Western Australia as prescribed by the Animal Welfare (General) Regulations 2003 and\namended from time to time;\ncow includes an ox, calf or bull;\ndevelopment has the meaning given to it in the Planning and Development Act 2005;\n\n","sortOrder":37},{"sectionNumber":"964","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"964 GOVERNMENT GAZETTE, WA 25 January 2017\ndevelopment approval means a development approval under a local planning scheme;\ndevelopment site includes any lot or lots for which there is currently a development approval or\nsubdivision approval, and any lot or lots upon which construction work, earthworks, clearing\nof scrub, trees or overgrowth or any other site works are taking or have taken place;\ndistrict means the district of the local government;\ndisused means, in relation to any thing whatsoever, that the thing—\n(a) is not in use for the purpose for which it was designed or appears to have been designed\nor intended; or\n(b) has been stored or left stationary on land in the district for more than 1 month;\ndust means any visible granular or particulate material which has or has the potential to become\nairborne and includes organic and non-organic matter and sand, but does not include smoke;\nEHO means an Environmental Health Officer appointed by the local government under the\nHealth Act 1911 and includes any acting or Assistant Environmental Health Officer;\nequipment means equipment, machinery or vehicles used for, or in connection with, the\ndevelopment of land;\nfarm animal includes a sheep, cow, goat, horse (excluding a miniature horse), deer, alpaca and\npig (excluding a miniature pig);\nfood has the meaning given in section 9 of the Food Act 2008;\nfood business has the meaning given under section 10 of the Food Act 2008;\nfood premises means any premises which is used to prepare food or to conduct a food business;\nhorse means a stallion, mare, gelding, shetland pony, pony, colt or foal, and includes an ass,\nmule, donkey and any beast of whatever description used for burden or draught or for\ncarrying persons;\nindustrial zone means any area zoned “Industrial” under a local planning scheme;\nland includes any building or structure on the land;\nlaneway means a public road designed to provide access to the side or rear of lots;\nliquid waste means waste from any process or activity that is in liquid form and includes paint,\nfuel, grease, fat, oil, degreaser solvent, detergent, chemical, animal waste, food waste, effluent\nand all discharges of liquid to land, air or water that are not otherwise authorised by a\nwritten law but does not include uncontaminated stormwater;\nlivestock includes any horse, cow, sheep, goat, pig, buffalo, deer, camel, llama or alpaca;\nlivestock vehicle means a vehicle that contains livestock or previously has been used for the\ncarriage of livestock;\nlocal government means the Shire of Kulin;\nlocal planning scheme means the Shire of Kulin Town Planning Scheme adopted by the local\ngovernment from time to time and has approval so granted by the Minister for Planning and\nas defined pursuant to section 4, part 1 of the Planning and Development Act 2005;\nlot has the meaning given to it by the Planning and Development Act 2005;\nmanure receptacle means a receptacle of sufficient capacity to receive all manure produced in\n1 week on premises upon which a farm animal or farm animals are kept, constructed of\nsmooth, durable, impervious materials, fitted with a fly proof, hinged cover and with no part\nof the floor lower than the adjoining ground;\nminiature horse means a horse which meets the standard and height for a miniature horse as\ndescribed by the Miniature Horse Association of Australia Inc.;\nminiature pig means a pig that does not exceed 650 millimetres in height as an adult and\nweighs less than 55 kilograms;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land\naffected by the interference;\noccupier means any person who is in control of any land or part of any land or authorised by the\nowner, lessee, licensee or any other person empowered to exercise control in relation to land\nto perform any work in relation to any land and includes a builder or contractor;\nowner has the meaning defined under Section 1.4 of the Act;\npermit means a permit issued under this local law;\npermit holder means a person who holds a valid permit;\npet shop means a retail outlet that sells domestic or tame animals and birds;\npigeon includes homing pigeons and other domesticated breeds of the species Columba livia, but\ndoes not include native pigeons or doves whether or not the keeping of such birds is subject to\nthe approval of the Department of Parks and Wildlife;\npoultry includes fowls, roosters, ducks, peafowls, turkeys, geese, guinea fowls, pheasants and\nother birds commonly kept for the production of eggs or meat for domestic consumption;\n\n25 January 2017 GOVERNMENT GAZETTE, WA 965\npremises has the meaning given to it by the Health Act 1911;\nrefuse means any waste material including bricks, lime, cement, concrete, rubble, stones, iron,\ntimber, tiles, bags, plastics, ashes, vegetation, timber, wood or metal shavings, sawdust, and\nwaste food, and includes any broken, used, derelict or discarded matter;\nRegulations means the Local Government (Functions and General) Regulations 1996;\nResidential Design Codes means the State Planning Policy 3.1 document for the control of\nresidential development throughout Western Australia of an appropriate design for the\nintended residential purpose, density, context of place and local planning scheme objectives\nand amended from time to time;\nresidential development zone means any area zoned “Residential Development” under a local\nplanning scheme;\nresidential dwelling has the meaning given to it in the Residential Design Codes of Western\nAustralia as amended from time to time;\nresidential zone means any area zoned “Residential” under a local planning scheme;\nrural zone means any area zoned “Rural” under a local planning scheme;\nsand means granules or particles of rock, earth, clay, loam, silt and any other granular,\nparticulate or like material including dust and gravel;\nSchedule means a schedule to this local law;\nstormwater means any naturally occurring water that results from rainfall on or around a site,\nor water flowing onto the site;\nstreet means any highway or thoroughfare which the public is entitled to use, including the verge\nand other things including bridges and culverts appurtenant to it;\nsubdivision approval means a subdivision approval under the Planning and Development\nAct 2005;\nthoroughfare means a road or other thoroughfare and includes structures or other things\nappurtenant to the thoroughfare that are within its limits, and nothing is prevented from\nbeing a thoroughfare only because it is not open at each end;\ntownsite includes the townsites of Kulin which are—\n(a) constituted under section 26(2) of the Land Administration Act 1997; or\n(b) referred to in clause 37 of Schedule 9.3 of the Act;\ntruck means a motor vehicle having a tare weight in excess of 3,000 kilograms;\nunreasonable noise has the meaning given to it by the Environmental Protection Act 1986;\nvector of disease means an organism which has the ability to transmit pathogens or parasites\nfrom one infected person or animal to another person or animal;\nvehicle has the same meaning given to it by the Local Government Act 1995; and\nvermin includes rats, mice, flies, fleas, mites, lice, cockroaches and any other animal, whether\nvertebrate or invertebrate, which is known to be a vector of disease or likely to cause damage\nto human food, habitation or possessions.\n(2) Any other expression used in this local law and not defined herein shall have the meaning given to\nit in the Act.\n(3) Where, in this local law, a duty, obligation or liability is imposed on an owner or occupier the duty\nshall be deemed to be imposed jointly and severally on each owner and occupier.\n(4) Where, under this local law, the local government is authorised to carry out actions, or cause to be\nundertaken works, as a consequence of the failure of any person to comply with the terms of a notice\nor other conduct, the right to enter land is at all times subject to the provisions of Part 3, Division 3,\nSubdivision 3 of the Act.\nPART 2—KEEPING OF ANIMALS\nDivision 1—Animals\nanimal includes cats, dogs, rabbits, ferrets and guinea pigs; and\nmember of a cat organisation means a person referred to in the Cat Regulations 2012\nregulation 23(c).\n2.2 Cleanliness\nAn owner or occupier of premises in or on which a dog, cat or other animal is kept shall—\n(a) keep the premises free from excrement, filth, food waste and all other matter which is or is\nlikely to become offensive or injurious to health, or is likely to attract rats or other vectors of\ndisease;\n(b) when so directed by an EHO, clean and disinfect the premises; and\n(c) keep the premises, so far as possible, free from flies or other vectors of disease, by spraying\nwith a residual insecticide or other effective means.\n\n","sortOrder":38},{"sectionNumber":"966","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"966 GOVERNMENT GAZETTE, WA 25 January 2017\n2.3 Animal enclosures\n(1) A person shall not keep or cause, or authorise to be kept, any animals on premises which are not\neffectively drained or of which the drainage flows to the walls or foundations of any building.\n(2) The owner or occupier of premises where animals are kept shall, when directed by an EHO, pave,\ngrade and drain the floors of all structures and the surface of the ground of all enclosures used for the\nkeeping of animals.\n2.4 Cats\n(1) Subject to subclauses (6) and (7), a person shall not, without an exemption in writing from the\nlocal government, keep more than 3 cats over the age of 6 months on premises on any land within the\ndistrict.\n(2) An owner or occupier of premises may apply in writing to the local government for exemption from\nthe requirements of subclause (1).\n(3) The local government shall not grant an exemption under subclause (2) unless it is satisfied that\nthe number of cats to be kept will not be a nuisance or injurious or dangerous to health.\n(4) An exemption granted under this clause shall specify—\n(a) the owner or occupier to whom the exemption applies;\n(b) the premises to which the exemption applies; and\n(c) the maximum number of cats which may be kept on the premises.\n(5) A person who is granted an exemption under subclause (3) may be required by the local\ngovernment to house, or keep cats in such manner as directed by an EHO.\n(6) A person may keep more than 3 cats over the age of 6 months on premises used for veterinary\npurposes or as a pet shop, or if the person is a member of a cat organisation a maximum of 9 cats can\nbe kept.\n(7) The occupier of any premises shall not keep a cattery on those premises, unless the cattery is\nregistered with the local government and the occupier has complied with the following conditions—\n(a) the occupier shall obtain approval from the local government to establish a cattery;\n(b) upon receiving approval to establish a cattery, the occupier shall apply for registration of the\ncattery in the form approved by the local government;\n(c) the occupier shall have paid, to the local government, the annual registration fee as\ndetermined from time to time by the local government under Sections 6.16 to 6.19 of the Act;\n(d) the occupier shall provide, for every cat, a properly constructed shelter with an enclosure,\nwhich shall comply with the following conditions—\n(i) every shelter shall have a floor area of not less than 0.50 square metres for every cat\nover the age of 3 months old that may be kept therein; and\n(ii) the area of the enclosure appurtenant to any shelter or group of shelters forming a\ncattery shall not be less than 3 times the area of the shelter or group of shelters to\nwhich it is appurtenant;\n(e) every shelter or enclosure shall be at least 10 metres from the boundary of any land not in the\nsame ownership or possession, or at least 10 metres from any dwelling, church, schoolroom,\nhall, factory, dairy or premises wherein food is manufactured, packed or prepared for human\nconsumption; and\n(f) all enclosures, yards, runs and shelters within which cats are kept shall be maintained at all\ntimes in a clean condition and free from vectors of disease and shall at any time be cleaned,\ndisinfected or otherwise dealt with as an EHO may direct.\n(8) An application for registration of a cattery shall be made by submitting the cattery registration\nform approved by the local government and with the annual registration fee as approved from time to\ntime by the local government in accordance with sections 6.16 to 6.19 of the Act is paid.\n(9) A certificate of registration of a cattery issued by the local government shall—\n(a) be in the form approved by local government; and\n(b) expire on 30 June next after the date of its issue.\nDivision 2—Keeping of birds\n2.5 Keeping of poultry and pigeons in a residential zone, residential development zone and\ntownsite zone\n(1) An owner or occupier of premises in a residential zone, residential development zone and townsite\nzone shall not keep or permit to be kept on the premises—\n(a) more than 12 poultry; and\n(b) more than 12 pigeons unless the owner or occupier is an affiliated person in which case the\nmaximum number of pigeons may be increased to 100.\n2.6 Conditions for keeping of poultry\n(1) An owner or occupier of a premises who keeps poultry or permits poultry to be kept shall ensure\nthat—\n(a) no poultry shall be kept less than 9 metres from any residential dwelling;\n\n25 January 2017 GOVERNMENT GAZETTE, WA 967\n(b) no poultry is able to approach within 15 metres of a street other than a laneway unless, in the\ncase of land at the junction of two or more streets, the local government has approved a lesser\ndistance;\n(c) all poultry is kept in a properly constructed and securely fastened structure;\n(d) the structure has an impervious floor laid with a fall to the front of at least 1 in 50;\n(e) all structures or enclosures within which poultry are kept are maintained at all times in a\nclean condition; and\n(f) all poultry is kept continually confined.\n(2) An owner or occupier of a premises who keeps poultry or permits poultry to be kept may apply in\nwriting to the local government to vary the requirements of subclause (1)(a), (b), (d) and (f).\n2.7 Roosters, geese, turkeys and peafowl\nExcept on land in a rural zone or with the prior written permission of the local government, an owner\nor occupier of premises shall not keep any of the following—\n(a) roosters;\n(b) geese;\n(c) turkeys; or\n(d) peafowls.\n2.8 Conditions for keeping of pigeons\n(1) An owner or occupier of a premises who keeps pigeons, or permits pigeons to be kept, shall ensure\nthat—\n(a) all pigeons are kept in a properly constructed pigeon loft, except where registered homing\npigeons are freed for exercise;\n(b) all structures or enclosures within which pigeons are kept are maintained at all times in a\nclean condition;\n(c) no opening to a pigeon loft, including openings for ventilation, is within 9 metres of any\nresidential dwelling; and\n(d) no opening to a pigeon loft, including openings for ventilation, is within 15 metres of a public\nstreet, public building, commercial premises or food premises.\n(2) An owner or occupier of a premises who keeps pigeons, or permits pigeons to be kept, may apply in\nwriting to the local government to vary the requirements of subclause (1)(c) and (d).\n(3) An affiliated person who keeps pigeons, or permits pigeons to be kept, shall do so in accordance\nwith the Code of Practice—Pigeon Keeping, subject to the provisions of this local law.\n2.9 Restrictions on pigeon nesting and perching\nThe local government may order an owner or occupier of a residential dwelling on or in which pigeons\nare, or are in the habit of nesting or perching, to take reasonable steps to prevent them from\ncontinuing to do so.\n2.10 Conditions of keeping aviary birds\nA person who keeps, or permits to be kept, aviary birds shall ensure that—\n(a) the aviary or cage in which the birds are kept is located at least 1 metre from any lot\nboundary and at least 5 metres from a residential dwelling on any other lot;\n(b) there is a floor beneath the roofed area of the aviary or cage which is constructed of smooth,\nimpervious material with a gradient of at least 1 in 50 to the front of the aviary or cage;\n(c) the aviary or cage is kept in clean condition and good repair at all times;\n(d) all feed for the birds other than that intended for immediate consumption is stored in vermin\nproof containers; and\n(e) effective measures are taken to prevent the attraction or harbourage of vermin.\n2.11 Nuisance caused by birds\nAn owner or occupier of land shall not keep any bird or birds which are or create a nuisance.\nDivision 3—Keeping of bees\n2.12 Permit required to keep bees\n(1) permit means a permit to keep bees issued under this local law.\n(2) Subject to the provisions of this clause, a person shall not keep bees or allow bees to be kept on\nland except in accordance with a valid permit issued in relation to the land.\n(3) Subclause (1) does not apply where—\n(a) the land is outside the townsite; and\n(b) the bees are kept—\n(i) at least 500 metres from a thoroughfare; or\n(ii) less than 500 metres from a thoroughfare but the vegetation or a screen or other\nbarrier on the land is such as to encourage the bees to fly at a height over the\nthoroughfare as will not create a nuisance to users of the thoroughfare.\n\n","sortOrder":39},{"sectionNumber":"968","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"968 GOVERNMENT GAZETTE, WA 25 January 2017\n(4) Subclause (1) does not apply where an occupier of land keeps bees on the land—\n(a) for a continuous period not exceeding 8 weeks; and\n(b) for the purpose of pollinating a crop on the land.\n(5) An occupier referred to in subclause (3), in keeping bees under that subclause, shall provide a good\nand sufficient water supply on the land which is readily accessible by the bees.\n(6) Subclause (1) does not apply where a person keeps bees on Crown land.\n2.13 Application for a permit\nAn applicant for a permit shall—\n(a) be a person registered as a beekeeper under Regulation 13(7) of the Biosecurity and\nAgriculture Management (Identification and Movement of Stock and Apiaries)\nRegulations 2013;\n(b) provide such details as may be required by the local government;\n(c) apply in the form approved by the local government; and\n(d) pay any application fee imposed and determined by the local government under sections 6.16\nto 6.19 of the Act.\n2.14 Determination of application\n(1) The local government may—\n(a) refuse to determine an application for a permit which does not comply with clause 2.13;\n(b) approve an application for a permit subject to the conditions referred to in clause 2.12 and to\nsuch other conditions as it considers appropriate; or\n(c) refuse to approve an application for a permit.\n(2) Where an application for a permit is approved subject to conditions, the permit holder is to comply\nwith those conditions or is to cause those conditions to be complied with.\n(3) Where the local government approves an application under subclause (1)(b), it is to issue to the\napplicant a permit in the form approved by the local government.\n(4) A permit is valid from the date of issue unless, and until, it is cancelled under this local law.\n2.15 Conditions of approval\n(1) Without limiting the generality of clause 2.14(1)(b) an application for a permit may be approved by\nthe local government subject to the following conditions—\n(a) the provision of a good and sufficient water supply on the land which is readily accessible by\nthe bees on the land;\n(b) each bee hive shall be—\n(i) kept at a distance specified by the local government from any thoroughfare, public\nplace or boundary of the land; or\n(ii) located near a screen or other barrier so as to prevent the bees flying low over a\nthoroughfare, public place or adjoining land;\n(iii) no more than 2 bee hives are to be kept on land of less than 2,000 square metres in\narea; and\n(iv) no more than 15 bee hives are to be kept on land between 2,000 square metres and\n20,000 square metres in area.\n(2) In respect of a particular application for a permit, the local government may vary any of the\nconditions referred to in subclause (1).\n2.16 Variation or cancellation of permit and conditions\n(1) The local government may vary the conditions of a permit after it has been issued.\n(2) The local government may cancel a permit on the request of a permit holder to do so.\n(3) Notwithstanding clause 2.20, a permit shall be cancelled on—\n(a) the permit holder ceasing to be registered as a beekeeper under regulation 13(7) of the\n(b) the expiration of a continuous period of 12 months during which the permit holder has not\nkept any bees on the land to which the permit relates, without any action required on the\npart of the local government.\n2.17 Permit holder to notify cessation of registration or keeping of bees\n(1) In this clause a permit holder includes the holder of a permit cancelled by subclause 2.16(3).\n(2) A permit holder is to notify the local government in writing as soon as practicable after—\n(a) the permit holder ceases to be registered as a beekeeper under regulation 13(7) of the\n(b) a continuous period of 12 months has passed during which the permit holder has not kept any\nbees on the land described in her or his permit.\n\n25 January 2017 GOVERNMENT GAZETTE, WA 969\n(3) A permit holder shall, within 7 days of the local government giving the permit holder a written\nnotice to do so, provide to the local government—\n(a) written proof of her or his registration as a beekeeper under regulation 13(7) of the\n(b) in respect of land identified by the local government in its notice, a signed statement as to\nwhether or not he or she has kept bees on the land within the 12 months preceding the date\nof the notice; or\n(c) both.\n2.18 Permit not transferable\nA permit is personal to the permit holder, is not transferable and applies only to the land described in\nthe permit.\n2.19 Nuisance\nA person shall not keep, or allow to be kept, bees or bee hives, or both, on land so as to create a\nnuisance.\n2.20 Notice to remove bees\n(1) Whenever, in the opinion of the local government, a person has contravened any provision of the\nRegulations 2013 or of this local law which relates to the keeping of bees or bee hives, the local\ngovernment may give the permit holder, in relation to that land, or if there is no valid permit in\nrelation to that land, an owner or occupier of the land, a written notice requiring her or him to remove\nany bees or bee hives, or both, from the land within the time specified in the notice.\n(2) Subject to Division 1 of Part 9 of the Act, on the giving of a notice referred to in subclause (1), any\nvalid permit given by the local government relating to the keeping of bees or bee hives on that land is\ncancelled from the time specified in the notice, being not less than 7 days from the date it is given.\n(3) Where a person fails to comply with a notice given under subclause (1), the local government may\ndispose of the bees or the bee hives or both, in such manner as it sees fit and recover the costs of so\ndoing from the permit holder, or an owner or occupier, as the case may be, as a debt due to it.\nDivision 4—Keeping of farm animals\n2.21 Permit required to keep farm animals\n(1) permit means a permit to keep farm animals issued under this local law.\n(2) Subject to clause 2.26, an owner or occupier of land shall not keep, or allow to be kept, any farm\nanimal unless—\n(a) in accordance with a valid permit authorising the keeping of such a farm animal issued in\nrelation to the land pursuant to clause 2.24; or\n(b) in a rural zone and in accordance with the provisions of any local planning scheme applicable\nto that zone.\n2.22 Application for a permit to keep farm animals\nAn application for a permit required by clause 2.21 shall be in the form approved by the local\ngovernment and shall include the following information—\n(a) a plan of the property, at a scale not less than 1:200, with dimensions clearly marked,\nshowing where it is proposed that the animal is to be kept and the distance of that location\nfrom any residential dwelling on another lot, Class 6 building or Class 9 building, business\npremises or food premises;\n(b) a sketch plan, at a scale of 1:100, indicating the nature of the shelter or housing to be\nprovided for the animal;\n(c) a detailed written plan for the management of manure which addresses—\n(i) control of vermin;\n(ii) disease prevention; and\n(iii) prevention of nuisance odours; and\n(d) the appropriate application and permit fees as determined from time to time by the local\ngovernment in accordance with sections 6.16 to 6.19 of the Act.\n2.23 Determination of application to keep farm animals\n(1) Subject to clause 2.24, the local government may—\n(a) refuse to determine an application for a permit which does not comply with clause 2.22;\n(b) approve an application for a permit subject to such conditions as it considers appropriate; or\n(c) refuse to approve an application for a permit.\n(2) Where an application for a permit is approved subject to conditions, the permit holder shall comply\nwith those conditions or cause compliance with those conditions.\n(3) Where the local government approves an application under subclause (1)(b), it is to issue to the\napplicant a permit in the form approved by the local government.\n(4) A permit is valid from the date of issue until 30 June the following year, unless it is cancelled prior\nto that date under this local law.\n\n","sortOrder":40},{"sectionNumber":"970","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"970 GOVERNMENT GAZETTE, WA 25 January 2017\n2.24 Conditions of approval to keep farm animals\n(1) A permit shall not be granted pursuant to clause 2.23—\n(a) unless the land for which the approval is sought is of such dimensions and configuration as\nwill permit the subject animal to be confined in a minimum cleared area of 150 square metres\nand prevented from reaching within 15 metres of any residential dwelling, Class 6 building or\nClass 9 building, business premises or food premises;\n(b) in the case of a horse (other than a miniature horse) or cow, unless the land for which the\napproval is sought has a minimum area of 1 hectare; or\n(c) for the keeping of any pig (other than a miniature pig).\n(2) The local government shall take into account the opinions of occupiers of adjoining properties in\ndetermining whether to grant approval for the keeping of a farm animal.\n(3) Approval to keep a farm animal may be issued subject to conditions, including—\n(a) that a stable or shelter is provided for housing the approved animal;\n(b) that a manure receptacle is provided in a position convenient to the shelter or place where the\napproved animal is kept, and that the receptacle is used for the receipt of all manure\nproduced on the premises; or\n(c) any other conditions that the local government considers necessary for the protection of the\nhealth and amenity of the neighbourhood,\nand such conditions may be imposed at any time subsequent to the initial approval.\n2.25 Variation or cancellation of permit to keep farm animals and conditions of permit\n(1) The local government may vary the conditions of a permit after it has been issued, and shall give\nnotice of such variation to the permit holder.\n(2) The local government may cancel a permit in the event the permit holder—\n(a) fails to comply with any condition set under subclause 2.23(1)(b);\n(b) after being notified of a variation under subclause (1) fails to comply with the varied\ncondition;\n(c) breaches clause 2.26, 2.27, 2.28 or clause 2.29 of this local law; or\n(d) fails to comply with a notice of breach issued under clause 6.1.\n2.26 Conditions for keeping farm animals\n(1) An owner or occupier of premises upon which a farm animal or farm animals are kept, shall—\n(a) maintain the place or places where the animals are kept in clean condition;\n(b) ensure that no farm animal or farm animals kept on the premises cause or constitute a\nnuisance;\n(c) maintain the premises free from flies or other vermin by the use of residual insecticide or\nother effective means;\n(d) if a manure receptacle is required to be used—\n(i) cause all manure produced on the premises to be collected daily and placed in the\nreceptacle;\n(ii) cause the receptacle to be emptied as often as is necessary to prevent it becoming\noffensive or a breeding place for flies or other vermin, but in any case at least once a\nweek; and\n(iii) keep the lid of the receptacle closed except when manure is being deposited or removed;\nand\n(e) not permit any farm animal to approach within 9 metres of any residential dwelling, food\npremises, Class 6 building or a Class 9 building, or a business or commercial premises.\n(2) An owner or occupier of premises in a rural zone shall not keep more than 1 pig except for on\npremises registered by the local government as an abattoir or piggery under the provisions of\nsection 191 of the Health Act 1911, except with the express written approval of the local government.\n(3) An owner of occupier of premises upon which a farm animal or farm animals are kept, may apply\nin writing to the local government to vary the requirements of subclause 2.26(1)(e).\n2.27 Keeping a miniature horse\n(1) An owner or occupier of a premises may keep only a sterilised miniature horse on land of not less\nthan 1,000 square metres in area provided it is registered with the local government and the annual\nregistration fee approved from time to time by the local government in accordance with sections 6.16\nto 6.19 of the Act is paid.\n(2) An owner or occupier of premises shall not keep more than 1 miniature horse within a townsite\nwithout the written approval of the local government.\n(3) The local government may prohibit the keeping of a miniature horse on any land or may state the\nconditions under which a miniature horse may be kept.\n2.28 Keeping a miniature pig\n(1) Except for a miniature pig, the keeping of pigs in the district is forbidden except for on premises\nregistered by the local government as an abattoir or piggery under the provisions of section 191 of the\nHealth Act 1911 or, subject to subclause 2.26(2), on a rural zone.\n\n25 January 2017 GOVERNMENT GAZETTE, WA 971\n(2) The local government may—\n(a) prohibit the keeping of a miniature pig on any land, or\n(b) state the conditions under which the miniature pig may be kept.\n(3) A person may keep 1 miniature pig in a townsite, provided it is registered with the local\ngovernment and the annual registration fee approved from time to time by the local government in\naccordance with sections 6.16 to 6.19 of the Act is paid.\n(4) An owner or occupier of premises where a miniature pig is kept shall—\n(a) only keep a sterilised animal and retain written proof of its sterilisation;\n(b) confine the animal on the property at all times;\n(c) ensure the animal does not cause a nuisance to any neighbour regarding noise, dust, or odour;\nand\n(d) maintain documentary evidence that the animal’s veterinary treatment against roundworm\nand tapeworm is current.\n2.29 Requirements for farm animal shelters\n(1) Any stable, enclosure or shelter provided for the keeping of farm animals, whether or not a permit\nis required for the keeping of such farm animals pursuant to clause 2.21, shall—\n(a) not be situated within 9 metres of any residential dwelling, Class 6 building or Class 9\nbuilding, business premises or food premises;\n(b) not be situated within 1 metre of any lot boundary;\n(c) be constructed of materials approved by the local government;\n(d) have on each side of the building between the wall and roof a clear opening of at least 150\nmillimetres in height, and of sufficient length, to provide adequate ventilation to the stable,\nenclosure or shelter;\n(e) when required by the local government have a separate stall for each horse, cow or other\napproved animal, the shortest dimension of which shall be at least twice the length of the\nanimal housed therein; and\n(f) subject to subclause (2), have a floor, the upper surface of which shall—\n(i) be raised at least 75 millimetres above the surface of the surrounding ground;\n(ii) be constructed of cement, concrete or other similar impervious material; and\n(iii) have a fall of 1 in 100 to a drain which shall empty into a trapped gully situated outside\nthe stable or shelter.\n(2) An owner or occupier of any land upon which a stable or shelter is located may apply in writing to\nthe local government to vary the requirements of subclause (1)(a), (d) and (f).\n(3) A stable or shelter constructed with a sand floor may be approved by the local government subject\nto—\n(a) the site being well drained, with the sand floor being at least 1.5 metres above the highest\nknown ground water level;\n(b) a 300 millimetre thick bed of crushed limestone or aggregate being laid under the sand of the\nstable;\n(c) the sand, whether natural or imported, being clean, coarse and free from dust;\n(d) footings to the stable or shelter being a minimum of 450 millimetres below ground level; and\n(e) the design of the stable allowing for the access of small earthmoving machinery, such as a\nskid steer loader, into each stall to maintain the correct floor height.\nDivision 5—Livestock\n2.30 Livestock not to stray\nThe owner or person in charge of livestock shall not allow livestock to stray or to be at large in a\nstreet, public place or upon private property without the consent of the property owner.\n2.31 Property to be fenced\n(1) The owner or occupier of property on which livestock is kept, shall cause the property or a portion\nof the property to be fenced in a manner capable of confining the livestock, to that portion where the\nlivestock is kept.\n(2) The minimum fencing requirements to confine livestock in a farming or rural residential area\nshall be a fence of post and wire construction.\nPART 3—BUILDING, DEVELOPMENT AND LAND CARE\nDivision 1—Litter and refuse on building sites\n3.1 Provision of refuse receptacles\nThe owner or occupier of a building or development site shall at all times provide and maintain a\nrefuse receptacle, available for use on the site, which includes a suitable cover, to the satisfaction of\nan authorised person, of such design as will—\n(a) contain any refuse likely to be produced on the site; and\n(b) prevent refuse being blown from the receptacle by wind.\n\n","sortOrder":41},{"sectionNumber":"972","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"972 GOVERNMENT GAZETTE, WA 25 January 2017\n3.2 Control of refuse\n(1) From the time of commencement of works on a building site or development site until the time of\ncompletion of such work, the owner or occupier of the site shall take reasonable steps to—\n(a) ensure all refuse on the site is placed and contained in the refuse receptacle and prevented\nfrom being blown from the site by wind;\n(b) keep the site free from any refuse;\n(c) keep the street verge, and any other reserve, immediately adjacent to the site, free of refuse\nfrom the site; and\n(d) ensure the refuse receptacle is emptied when full.\n(2) The owner or occupier of a building site or development site shall ensure that within 2 days of\ncompletion of works on the site, the site and the street verge immediately adjacent to it, are cleared of\nall refuse and all refuse receptacles are removed from the site.\n3.3 Unauthorised storage of materials\n(1) All construction materials must be located on the building site or development site under\nconstruction, unless written approval has been given by the local government to store materials on\nanother property (including a road reserve).\n(2) An application for approval under subclause (1) must be—\n(a) in writing; and\n(b) accompanied by the written approval of the landowner of the land on which materials are\nproposed to be stored.\nDivision 2—Prevention of dust and liquid waste\n3.4 Prohibited activities\n(1) An owner or occupier of land must take all reasonable measures to—\n(a) stabilise dust on the land;\n(b) contain all liquid waste on the land; and\n(c) ensure no dust or liquid waste is released or escapes from the land, whether by means of\nwind, water or any other cause.\n(2) Subclause (1)(c) does not apply to land where the primary activity is broadacre farming.\n(3) Where the local government forms the opinion that—\n(a) an owner or occupier has not complied with subclause (1)(a) or subclause (1)(b); or\n(b) the dust or liquid waste has been released or escaped from the owner’s or occupier’s land,\nthe local government may serve on the owner and or occupier of the land, a notice requiring the\nowner and or occupier to do one or more of the following—\n(i) comply with subclause (1)(a) or (1)(b);\n(ii) clean up and properly dispose of any released or escaped dust or liquid waste;\n(iii) clean up and make good any damage resulting from the released or escaped dust or\nliquid waste; and\n(iv) take effective measures to stop any further release or escape of dust or liquid waste;\n(c) The requirements set out in a notice issued under this subclause must be complied with—\n(i) within 48 hours of service of the notice where no other time is specified;\n(ii) within such other period as is specified in the notice; or\n(iii) immediately, if the notice so specifies.\n(4) Where the local government forms the opinion that dust or liquid waste has escaped or has been\nreleased from an activity undertaken on land or as a consequence of the use of equipment on land, the\nlocal government may serve a notice on—\n(a) any owner or occupier of the land; or\n(b) any operator of equipment on the land,\nrequiring that the activity or use of equipment on the land be ceased immediately, for such period as\nis specified in the notice.\n(5) Where the local government is of the opinion that dust or liquid waste may be released or escape\nfrom any land as a result of an activity which is likely to be carried out on that land, the local\ngovernment may give to the owner and/or occupier a notice providing that the activity may only be\ncarried out subject to conditions specified in the notice.\n3.5 Dust management\nAn owner or occupier of land within the townsite who intends to undertake any work involving the\nclearing of land, from which any sand or dust is likely to be released whether by means of wind, water\nor any other cause, shall—\n(a) submit to an authorised person a Dust Management Plan in accordance with the Department\nof Environment Regulation document “A guideline for managing the impacts of dust and\nassociated contaminants from land development sites, contaminated sites remediation and\nother related activities” (March 2011), or any updated version of this document; and\n(b) obtain written approval of the Dust Management Plan from an authorised person before\ncommencement of any work.\n\n25 January 2017 GOVERNMENT GAZETTE, WA 973\nDivision 3—Unsightly land and disused materials\n3.6 Removal of refuse and disused materials\n(1) The owner or occupier of a lot shall not keep, or permit to remain on the lot, any refuse, rubbish or\ndisused material of whatever nature or kind, which in the opinion of the local government or an\nauthorised person, is likely to give the lot an untidy appearance and does not conform with the\ngeneral appearance of other land in that particular part of the district.\n(2) The local government or an authorised person may give notice in writing to the owner or occupier\nof a lot requiring the removal of refuse, rubbish or disused material from the lot within the time\nspecified in the notice.\n3.7 Removal of unsightly overgrowth of vegetation\n(1) The owner or occupier of a lot shall not permit to remain on a lot, any unsightly overgrowth of\nvegetation that gives the lot an untidy appearance and does not conform with the general appearance\nof other land in that particular part of the district.\n(2) The local government or an authorised person may give notice in writing to the owner or occupier\nof a lot requiring the removal of the overgrowth of vegetation within the time specified in the notice.\n3.8 Storage of vehicles, vessels and machinery\n(1) The owner or occupier of a lot shall not—\n(a) store, or allow to remain in public view on any lot, more than 1 vehicle, vessel or machinery\n(whether licensed or not) in a state of disrepair;\n(b) store, or allow to remain in public view on any lot, any vehicle, vessel or machinery in a state\nof disrepair for a period in excess of 1 month;\n(c) store, or allow to remain in public view on any lot, any vehicle parts, vessel parts or\nmachinery parts (including tyres);\n(d) wreck, dismantle or break up any vehicle, part or body of a vehicle, vessel or machinery\nexcept where performed—\n(i) inside a building; or\n(ii) within an area enclosed by a fence or wall of not less than 1.8 metres in height and of\nsuch a nature as to screen all vehicles, parts or bodies of vehicles, vessels or machinery\nfrom the street and from adjoining properties; or\n(e) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance.\n(2) Subclause (1) does not apply to industrial zoned lots.\n3.9 Disposing of disused refrigerators or similar containers\nA person shall not place, leave or dispose of a disused refrigerator, ice chest, ice box, trunk, chest or\nother similar article having a compartment which has a capacity of 0.04 cubic metres or more on any\nland without first—\n(a) removing every door and lid and every lock, catch and hinge attached to a door or lid; or\n(b) rendering every door and lid incapable of being fastened; and\n(c) removing any refrigerants as per the requirements of the Environmental Protection (Ozone\nProtection) Policy 2000.\nDivision 4—Hazardous materials\n3.10 Hazardous trees\n(1) Where a tree on a lot endangers any person or thing on adjoining land, the local government may\ngive a notice to the owner or the occupier of the lot to remove, cut, move or otherwise deal with that\ntree so as to make the tree safe.\n(2) Where a tree on a lot presents a serious and immediate danger to any person or thing, the local\ngovernment may take any remedial action it considers appropriate in order to make the tree safe\nwithout having given the owner or occupier notice pursuant to subclause (1).\n(3) The local government reserves its right to recover any costs incurred by the local government for\nremedial action taken in terms of subclause (2).\nPART 4—NUISANCES AND DANGEROUS THINGS\nDivision 1—Light\n4.1 Use of exterior lights\nAn owner or occupier of land on which floodlights or other exterior lights are erected or used, shall not\nallow the floodlights or other exterior lights to shine directly onto any other premises.\n4.2 Emission or reflection of light\nAn owner or occupier of land shall ensure that—\n(a) artificial light is not emitted or reflected from anything on the land so as to illuminate\npremises outside that land to more than 50 lux; and\n(b) natural light is not reflected from anything on the land so as to create or cause a nuisance to\nthe occupier of any other premises or to a person lawfully using a thoroughfare.\n\n","sortOrder":42},{"sectionNumber":"974","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"974 GOVERNMENT GAZETTE, WA 25 January 2017\n4.3 Notice may require specified action to prevent emission or reflection of light\n(a) floodlights or other exterior lights shine directly onto any other premises;\n(b) artificial light is emitted or reflected from anything on the land so as to illuminate premises\noutside the land to more than 50 lux; or\n(c) natural light is reflected from anything on the land so as to create or cause a nuisance to the\noccupier of any other premises or to a person lawfully using a thoroughfare,\nthe local government may by notice in writing direct the owner or occupier to take such actions as the\nlocal government considers necessary within the time specified in the notice.\n(2) The notice referred to in subclause (1) may direct that—\n(a) floodlights or other exterior lights are used only during the hours specified in the notice;\n(b) the direction in which the lights shine be altered as specified in the notice;\n(c) any reflective surfaces be painted or otherwise treated so as to abate the nuisance; or\n(d) any combination of these measures that the local government believes to be appropriate to\nthe circumstances be undertaken.\nDivision 2—Smoke, fumes, odours and other emissions\n4.4 Burning rubbish, refuse or other material\n(1) A person shall not on any land of an area 2,000 square meters or less, being residential zone,\nresidential development zone or townsite zone property, set fire to rubbish, refuse or other materials\nunless—\n(a) written approval has first been obtained from the local government;\n(b) the person demonstrates to the satisfaction of the local government that reasonable\nalternatives for the disposal of the rubbish, refuse or other materials do not exist and the\npotential for pollution is low;\n(c) the material does not include any plastic, rubber, food scraps or other material likely to cause\nthe generation of smoke or odour in such quantity as to cause a nuisance to other persons;\n(d) a haze alert has not been issued by the Bureau of Meteorology for the period during which\nburning is to take place; and\n(e) the burning complies with the Bush Fires Act 1954, any annual fire hazard reduction notice\nissued by the local government under that Act and any conditions of approval as determined\nby the local government.\n(2) Subclause (1) shall not apply to any barbecue, solid fuel water heater, space heater or ovens fired\nwith dry paper, dry wood, synthetic char or charcoal type fuel.\n(3) Subclause (1) is subject to any fire danger rating as determined by the Bureau of Meteorology.\n4.5 Escape of smoke, fumes, odours and other emissions\nAn owner or occupier of land or premises shall not cause or allow the escape of smoke, fumes, odours\nor other emissions from the land or premises in such quantity or of such a nature as to cause or to be\na nuisance to any person unless—\n(a) the escape of smoke, fumes, odours or other emissions from the land or premises is the result\nof burning in compliance with the Bush Fires Act 1954, any annual fire hazard reduction\nnotice issued by the local government under that Act and any conditions of approval as\ndetermined by the local government; and\n(b) all reasonable steps have been taken to prevent the smoke, fumes, odours and other\nemissions from land or premises from causing a nuisance to any person.\nDivision 3—Trucks\n4.6 Livestock vehicles\n(1) A person shall not park a vehicle containing livestock in a townsite for a period in excess of\n30 minutes.\n(2) A person shall not park a vehicle which contains or has been used for the carriage of livestock so\nas to create or be a nuisance to any person, by reason of the odour emanating from the vehicle.\n(3) If a person parks a vehicle containing livestock in a townsite in accordance with subclause (1),\nthen the person does not contravene subclause (2).\n4.7 Truck noise from residential land\nA person shall not start or drive a truck on land zoned, approved or used for residential purposes\nbetween the hours of 10.30 pm and 6.30 am on the following day without first obtaining the written\nconsent of the local government.\nDivision 4—Swimming pool backwash management\n4.8 Disposal of swimming pool backwash\n(1) The owner or occupier of land on which a swimming pool is constructed shall ensure that all\nbackwash is not permitted to discharge onto or run-off onto adjacent land so as to cause a nuisance, or\ncause damage to any structures situated on adjacent land.\n\n25 January 2017 GOVERNMENT GAZETTE, WA 975\n(2) Subclause (1) shall not prevent the discharge of swimming pool backwash from a lot into a local\ngovernment approved stormwater drain or road by a method approved by an authorised person.\nDivision 5—Stormwater management\n4.9 Containment of stormwater\n(1) Subject to subclause (2), the owner or occupier of a lot shall ensure that all stormwater received by\nany building, house, other structure or any paved or sealed or other surfaced areas including any\nvehicle access ways on the lot is contained within the lot and is not permitted to discharge onto or\nrun-off onto adjacent land so as to cause a nuisance, or cause damage to any structures situated on\nadjacent land.\n(2) Subclause (1) shall not prevent the discharge of stormwater from a lot into a local government\napproved stormwater drain or road.\nDivision 6—Amusement activities\n4.10 Nuisance\nA person shall not, without written authorisation from the local government, provide or conduct any\namusement on land so as to create or be a nuisance to any owner or occupier of land in the district.\n4.11 Abatement by authorised person\nSubject to Subdivision 3 of Division 3 of Part 3 of the Act, an authorised person may enter on any land\nwhere an amusement is provided or conducted and may do any act or thing reasonably required to\nabate a nuisance referred to in clause 4.10.\nDivision 7—Advertising, bill posting and junk mail\n4.12 Placement of advertisement, bill posting or junk mail\n(1) A person shall not, without written authorisation from the local government, place or affix any\nletter, figure, device, poster, sign or advertisement on any buildings, fences or posts.\n(2) A person shall not place in or on any letter box, gate, fence or generally leave or distribute to any\nproperty in the district, any handbill, poster, pamphlet, flyer or other form of advertising or\npromotional material, where there is clearly displayed a sign or notice which states “no junk mail” or\nwords of similar effect.\n4.13 Exemptions\nClause 4.12 does not apply to—\n(a) delivery of articles by Australia Post;\n(b) documents issued under or for the purposes of an Act of Parliament;\n(c) an authorised person or member of the Police Service acting in the course of their duties;\n(d) electoral materials; or\n(e) legal process.\n","sortOrder":43},{"sectionNumber":"Div 8","sectionType":"division","heading":"Bird nuisance","content":"Division 8—Bird nuisance\n4.14 Restrictions on feeding of birds\n(1) A person shall not feed a bird—\n(a) so as to cause a nuisance, or\n(b) with a food or substance that is not a natural food of a bird.\n(2) Where an authorised person forms the opinion that a person has not complied with subclause (1)\nthe authorised person may serve the person a notice requiring the person to clean up and properly\ndispose of any feed or waste products specified in the notice.\nPART 5—OBJECTIONS AND REVIEW\n5.1 Objections and review\nWhen the local government makes a decision under this local law as to whether it will—\n(a) grant a person a permit or authorisation;\n(b) vary or cancel a permit or authorisation; or\n(c) give a person a notice,\nthe provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations shall apply to\nthat decision.\nPART 6—ENFORCEMENT\nDivision 1—Notice of breach\n6.1 Notice of breach\n(1) Where a breach of any provision of this local law has occurred, the local government may give a\nnotice in writing to the person alleged to be responsible for such breach.\n\n","sortOrder":44},{"sectionNumber":"976","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"976 GOVERNMENT GAZETTE, WA 25 January 2017\n(2) A notice issued pursuant to subclause (1) shall—\n(a) specify the provision of this local law which has been breached;\n(b) specify the particulars of the breach; and\n(c) state the manner in which the recipient is required to remedy the breach to the satisfaction of\nthe local government within a time period stipulated in the notice which shall be not less\nthan 14 days from the giving of the notice.\n(3) It is an offence to fail to comply with a notice issued by the local government pursuant to\n6.2 Form of notices\nWhere this local law refers to the giving of a notice other than the giving of an infringement notice\nand no particular form is prescribed, it will be sufficient that the notice be in writing, giving adequate\ndetails to enable the owner, occupier or other person to whom the notice is issued to know the offence\ncommitted and the measures required to be taken or conditions with which compliance is required, as\nthe case may be.\n6.3 When local government may undertake work required by notice\n(1) This clause applies only in respect of a notice issued under subclauses 3.6(2), 3.7(2), 3.10(1) and\n4.3(1) of this local law.\n(2) Where a person fails to comply with a notice referred to in subclause (1) the local government may,\nsubject to compliance with the requirements of Subdivision 3 of Division 3 of Part 3 of the Act, do\nanything that it considers necessary to achieve, so far as is practicable, the purpose for which the\nnotice was given.\n(3) The local government may recover the cost of anything it does under subclause (2) as a debt due\nfrom the person who failed to comply with the notice.\nDivision 2—Offences and penalties\n","sortOrder":45},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"General","content":"Subdivision 1—General\n6.4 Offences and penalties\n(1) A person who—\n(a) fails to do anything required or directed to be done under this local law;\n(b) fails to comply with the requirements of a notice issued under this local law by an authorised\nperson; or\n(c) does anything which under this local law that person is prohibited from doing,\ncommits an offence.\n(2) Where, under this local law, an act is required to be done or forbidden to be done in relation to any\nland or premises, the owner or occupier of the land or premises has the duty of causing to be done the\nact so required to be done, or of preventing from being done the act forbidden to be done.\n(3) A person who commits an offence under this local law is liable to a maximum penalty of $5,000\nand where the offence is of a continuing nature a maximum daily penalty of $500 in respect of each\nday or part of a day during which the offence has continued.\n","sortOrder":46},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Infringement notices and modified penalties","content":"Subdivision 2—Infringement notices and modified penalties\n6.5 Prescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of\nsection 9.16(1) of the Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 1.\n(3) An authorised person should be satisfied that—\n(a) commission of the prescribed offence is a relatively minor matter; and\n(b) only straightforward issues of law and fact are involved in determining whether the\nprescribed offence was committed, and the facts in issue are readily ascertainable,\nbefore giving an infringement notice to a person in respect of the commission of a prescribed offence.\n6.6 Form of infringement notices\nFor the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to\nin section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;\n(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the Regulations; and\n(c) the form of the notice given under section 9.20 of the Act withdrawing an infringement notice\nis that of Form 3 in Schedule 1 of the Regulations.\n\n25 January 2017 GOVERNMENT GAZETTE, WA 977\nSchedule 1\nPRESCRIBED OFFENCES\n[Clause 6.5]\nItem\nNo Clause Nature of Offence Modified\nPenalty\n1 2.2(a) Failure to keep premises free from excrement, filth,\nfood waste and other matter likely to be offensive or\ninjurious to health, or attracts vermin or insects\n$150\n2 2.2(b) Failure to keep premises clean and disinfected when\ndirected by an EHO\n$150\n3 2.2(c) Failure to keep premises free of flies, or when directed\nby an EHO, spray premises with residual insecticide\nor use other means to kill or repel flies\n$150\n4 2.3 Failure to maintain adequate enclosures $150\n5 2.4(1) Keeping more than 3 cats over the age of 6 months\nwithout exemption from the local government\n$150\n6 2.4(7)(a) Establish or maintain a cattery on any lot within the\ndistrict without approval\n$150\n7 2.4(7) Failing to maintain cattery in compliance with\nconditions of approval\n$150\n8 2.5(1)(a) Keep or permit to be kept on premises in a residential\nzone, residential development zone and townsite zone\nmore than 12 poultry\n$150\n9 2.5(1)(b) Keep or permit to be kept on premises in a residential\nzone, residential development zone and townsite zone\nmore than 12 pigeons\n$150\n10 2.6 Keep, or permit to be kept, any poultry, not in\n$150\n11 2.7 Keep, or suffer to remain in a residential area, a\nrooster, turkey, goose or geese, or peafowl\n$150\n12 2.8 Failing to keep cages, enclosures and lofts maintained\nto the minimum standard specified in the Code of\nPractice—Pidgeon Keeping or this local law\n$150\n13 2.9 Failing to prevent pigeons nesting or perching $150\n14 2.10 Failing to keep aviary birds in accordance with\nconditions of this local law\n$150\n15 2.11 Keeping birds so as to create a nuisance $150\n16 2.12(2) Keeping bees without a valid permit $150\n17 2.12(5) Failure to provide a good and sufficient water supply\non the land which is readily accessible by the bees\n$150\n18 2.14(2) Failure to comply with a condition of a permit to keep\nbees\n$150\n19 2.19 Keeping bees or bee hives so as to create or cause a\nnuisance\n$150\n20 2.20(1) Failure to comply with a notice to remove bees or bee\nhives for contravention of local law\n$150\n21 2.21(2)(a) Keeping a farm animal without a valid permit $150\n22 2.26 Failure to comply with the conditions for keeping farm\nanimals\n$150\n23 2.27 Keeping a miniature horse on land without a\nregistration\n$150\n24 2.28(2)(a) Keeping a prohibited miniature pig on any land\nwithout approval\n$150\n25 2.28(2)(b) Failure to comply with the stated conditions for the\nkeeping of a miniature pig\n$150\n26 2.28(3) Keeping more than 1 miniature pig within a townsite $150\n27 2.28(4)(b) Failure to confine the miniature pig on the property\nwhere the animal is kept at all times\n$150\n28 2.29 Failing to keep any stable, enclosure or shelter\nprovided for the keeping of farm animals in\n$150\n29 2.30 Permitting livestock to stray, or be at large in a street,\npublic place or private property without consent\n$150\n\n","sortOrder":47},{"sectionNumber":"978","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 25 January 2017","content":"978 GOVERNMENT GAZETTE, WA 25 January 2017\nItem\nNo Clause Nature of Offence Modified\nPenalty\n30 2.31 Failing to keep property fenced in a manner capable of\nconfining livestock\n$150\n31 3.1 Failure to provide or maintain a refuse receptacle on a\nbuilding or development site\n$250\n32 3.2 Failure to control refuse on a building or development\nsite\n$250\n33 3.3 Unauthorised storage of materials $250\n34 3.4 Release or escape of dust or liquid waste from land $250\n35 3.5 Commencing works involving clearing of land without\nan approved Dust Management Plan\n$250\n36 3.8(1)(a) Storing, or allowing to remain on land, more than\n1 vehicle, vessel or machinery in a state of disrepair\n$250\n37 3.8(1)(b) Storing, or allowing to remain on land, any vehicle,\nvessel or machinery in a state of disrepair for a\nperiod in excess of 1 month\n$250\n38 3.8(1)(c) Storing, or allowing to remain on land, any vehicle\npart, vessel part or machinery parts (including tyres)\n$250\n39 3.8(1)(d)(i) Wreck, dismantle or break up any vehicle part or body,\nvessel or machinery not inside a building\n$250\n40 3.8(1)(d)(ii) Wreck, dismantle or break up any vehicle part or body,\nvessel or machinery not behind a sufficient fence or\nwall\n$250\n41 3.8(1)(e) Wreck, dismantle or break up a vehicle, vessel or\nmachinery so as to cause a nuisance\n$250\n42 3.9 Disposing of disused refrigerator or similar container\nwith door/lid that can be fastened without removing\nthe refrigerant, door, lid, lock, catch, hinge and\nrendering the door/lid incapable of being fastened\n$250\n43 4.1 Erection or use of lighting installations other than in\naccordance with this local law\n$250\n44 4.2 Emitting light so as to create or cause a nuisance $250\n45 4.4 Failing to burn rubbish, refuse or other material in\n$250\n46 4.5 Permitting the escape of smoke, fumes, odours and\nother emissions so as to cause a nuisance\n$250\n47 4.6(1) Parking a livestock vehicle in a townsite in excess of\n30 minutes\n$250\n48 4.7 Starting or driving a truck on residential land, or\nadjoining residential land, without consent of the\nlocal government\n$250\n49 4.8(1) Discharging swimming pool backwash onto adjacent\nland so as to cause a nuisance or cause damage\n$250\n50 4.9(1) Failure to ensure that all rainwater or stormwater\nreceived by a lot and any building, house or structure\non the lot, is contained within the lot or discharged\ndirectly to an approved stormwater drain or road\n$250\n51 4.10 Conducting an amusement so as to create a nuisance $250\n52 4.12(1) Unauthorised placement of advertisement, letter,\nfigure, device, poster, or sign\n$100\n53 4.12(2) Placement of advertisement, bill posting or junk mail\nwhere a “no junk mail” or equivalent, sign is\ndisplayed\n$100\n54 4.14(1)(a) Feeding a bird which so as to create or cause a\nnuisance\n$250\n55 4.14(1)(b) Feeding a bird a food/substance that is not a natural\nfood\n$250\n56 6.4(1)(b) Failure to comply with a Notice $250\n————\n\n25 January 2017 GOVERNMENT GAZETTE, WA 979\nThis Local Law was made by the Shire of Kulin at an Ordinary Meeting held on the 19th day of\nOctober in the year 2016.\nThe Common Seal of the Shire of Kulin was affixed by authority of a resolution of the Council in the\npresence of—\nCr BARRY WEST, Shire President.\nMr NOEL MASON, Chief Executive Officer.\n————\nConsented to—\nTARUN WEERAMANTHRI, Executive Director Public Health.\nDated this 9th day of November 2016.","sortOrder":48}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Health Local Law expressly repeals the Shire of Kulin Health Local Laws 1998 (cl.1.2) and sets out an updated, consolidated regulatory framework (sanitation, housing, lodging houses, pest and infectious disease control, offensive trades, feedlots/piggeries with buffer schedules). Separately, the Animals, Environment & Nuisance Local Law establishes new or detailed permit, registration and nuisance controls for animals, bees, farm animals, dust, refuse and land‑use nuisances (Animals law Parts 2–4), expanding and formalising local regulatory scope compared with the prior instrument."},"complexity_factors":["Broad, multi-part subject matter spanning public health, housing, lodging houses, pest control, infectious disease, offensive trades, feedlots/piggeries and animal/land‑use nuisances (Health Local Law Parts 2–10; Animals, Environment & Nuisance Parts 2–4).","Numerous technical performance standards and external references (Building Code; multiple AS/AS‑NZS standards defined at cl.1.5 of Health Local Law).","Multiple permit and registration regimes with discretionary variation/cancellation powers (lodging‑house registration Part 8; morgues cl.3.15; bees cl.2.12–2.20; farm animals cl.2.21–2.29 of Animals law).","Detailed operational requirements that create compliance burdens for property owners, business operators and event organisers (sanitary fittings Part 2; kitchens/laundries cl.2.12–2.15; lodging house construction/use cl.8.8–8.21).","Specific site control rules including prescriptive buffer distances for feedlots and piggeries set out in Schedules 1–3 (Health Local Law Part 11 Schedules).","Enforcement architecture combining notices, powers to carry out work and recover costs, criminal penalties and infringement/modified penalties (Health cl.7.8; Health Part 10; Animals cl.6.1–6.6; Schedule 1 of Animals law).","Overlap between health and local government statutory regimes and potential cross‑agency interaction (repeated invocation of Health Act 1911, Local Government Act 1995 and other statutes across both instruments).","Technical operational details (ventilation, water supply, waste disposal, animal shelter construction) increase application‑level complexity for compliance and inspections (Health cl.2.8, 3.9–3.12; Animals cl.2.29)."],"plain_english_summary":"These Shire of Kulin local laws set mandatory standards and permit regimes for sanitation, housing, lodging houses, pest and infectious‑disease control, offensive trades, feedlots and piggeries, and animal‑keeping across the district, repealing the 1998 health local laws (cl.1.2). They impose duties on owners, occupiers, business operators and event organisers to meet construction, hygiene, waste, animal‑welfare and buffer‑distance requirements, and create enforcement powers, notices, permits and penalties to secure compliance."},"kimi_summary":{"_metrics":{"completionTokens":1074},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This appears to be the original 2016 version of the legislation as made by Council and gazetted. The scope aligns with the stated purpose of replacing the 1998 Health Local Laws and establishing new Animals, Environment and Nuisance provisions. No evidence of post-enactment expansion beyond original intent."},"complexity_factors":["Extensive cross-referencing to other legislation (Health Act 1911, Local Government Act 1995, Building Code, multiple Australian Standards, Biosecurity regulations)","Detailed technical specifications throughout (e.g., ventilation rates of 25 litres per second per fixture, sound transmission class of 50, specific buffer distances in metres)","Nested conditional logic with multiple exceptions and exemptions (e.g., bee keeping permits have 4 separate exemption categories)","Dual local laws combined with overlapping but distinct coverage areas","47+ defined terms in interpretation sections across both laws","Numerical thresholds requiring calculation (air space per person, floor areas, lux levels, cubic metres, hectares)","Multiple permit and registration systems with varying conditions, renewal dates and cancellation triggers","Schedules with tabulated buffer distances requiring cross-reference to main clauses","Specific fire safety standards referencing AS 1530.2 and AS/NZS 1530.3 with flammability indices"],"plain_english_summary":"This Shire of Kulin local law bundles public health/sanitation and animals/environment/nuisance rules to protect community health and local amenity. It sets minimum sanitation and housing standards, pest and infectious‑disease controls, registration and hygiene obligations for accommodation and trades, and rules/permits for pets, livestock, bees and nuisances like noise, dust, odour and unsightly premises.\n\nIt affects residents, renters, businesses, farmers, accommodation providers and event organisers by enforcing hygiene, safety and neighbourliness."}},"importantCases":[],"_links":{"self":"/api/acts/kulin-shire-of-health-local-law-2016","history":"/api/acts/kulin-shire-of-health-local-law-2016/history","analysis":"/api/acts/kulin-shire-of-health-local-law-2016/analysis","conflicts":"/api/acts/kulin-shire-of-health-local-law-2016/conflicts","importantCases":"/api/acts/kulin-shire-of-health-local-law-2016/important-cases","documents":"/api/acts/kulin-shire-of-health-local-law-2016/documents"}}