{"id":"wa-local:nedlands-city-of-health-local-law-2017","name":"Health Local Law 2017","slug":"nedlands-city-of-health-local-law-2017","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441968,"registerId":"wa-local:nedlands-city-of-health-local-law-2017-1775957120442","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"9","sectionType":"section","heading":"January 2018 GOVERNMENT GAZETTE, WA 69","content":"9 January 2018 GOVERNMENT GAZETTE, WA 69\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"PRELIMINARY","content":"PART 1—PRELIMINARY\n1. Citation\n1A. Commencement\n1B. Application\n2. Repeal\n3. Interpretation\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"SANITATION","content":"PART 2—SANITATION\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Sanitary Conveniences","content":"Division 1—Sanitary Conveniences\n4. Interpretation\n5. Dwelling House\n6. Premises Other Than A Dwelling House\n7. Outdoor Festivals\n8. Toilets\n9. Temporary Works\n10. Maintenance Of Sanitary Conveniences And Fittings\n11. Ventilation Of Toilet\n12. Public Sanitary Conveniences\n13. Lighting\n14. Installation\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Bathroom, Laundries And Kitchens","content":"Division 2—Bathroom, Laundries And Kitchens\n15. Bathrooms\n16. Laundries\n17. Washing Or Keeping Of Clothes In Kitchens\n18. Kitchens\n","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"HOUSING AND GENERAL","content":"PART 3—HOUSING AND GENERAL\nDivision 1—Maintenance Of Houses\n19. Dwelling House Maintenance\n20. Guttering And Downpipes\n21. Maintenance Of Guttering And Downpipes And Disposal Of Rain Water\nDivision 2—Ventilation Of Houses\n22. Exemption For Short Term Hostels\n23. Overcrowding\n24. Calculate Sufficient Space\n25. Ventilation\n26. Sub-Floor Ventilation\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Water Supply","content":"Division 3—Water Supply\n27. Water Supply\n28. Rain Water Tanks\n29. Wells\n30. Pollution\n\n","sortOrder":6},{"sectionNumber":"70","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"70 GOVERNMENT GAZETTE, WA 9 January 2018\n","sortOrder":7},{"sectionNumber":"Div 4","sectionType":"division","heading":"Secondhand Furniture, Bedding And Clothing","content":"Division 4—Secondhand Furniture, Bedding And Clothing\n31. Prohibition Of Sale\n32. Prohibition Of Possession\nDivision 5—Morgues\n33. Application And Licensing Of Morgues\nPART 4—REFUSE\nDivision 1—Enclosures And Burning\n34. Interpretation\n35. Suitable Enclosure\n36. Burning Rubbish Or Refuse\nDivision 2—Transport Of Butchers’ Waste\n37. Interpretation\n38. Restriction Of Vehicles\n39. Transport Of Butchers Waste\n","sortOrder":8},{"sectionNumber":"Part 5","sectionType":"part","heading":"NUISANCES AND GENERAL","content":"PART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n40. Interpretation\n41. Footpaths Etc, To Be Kept Clean\n42. Escape Of Smoke etc.\n43. Public Vehicles To Be Kept Clean\n44. Prohibition Against Spitting\n45. Transportation, Use And Storage Of Offal, Blood, Or Other Offensive Matter\n46. Use Or Storage Of Fertiliser\n47. Storage And Dispatch Of Artificial Fertiliser\n48. Storage Of Fertiliser In A House\n49. Vehicles Used For Transporting Of Animals And Birds\nDivision 2—Keeping Of Animals\n50. Interpretation\n51. Cleanliness\n52. Animal Enclosures\n53. Cats\n54. Keeping Of Small Animals\n55. Slaughter Of Animals\n56. Disposal Of Dead Animals\nDivision 3—Keeping Of Large Animals\n57. Interpretation\n58. Stables\n59. Proximity Of Animals To A Dwelling House\n60. Manure Receptacle\nDivision 4—Keeping Of Poultry, Pigeons And Miscellaneous Birds\n61. Interpretation\n62. Limitation On Numbers Of Poultry And Pigeons\n63. Limitations on Numbers of Miscellaneous Birds\n64. Conditions For Keeping Poultry\n65. Roosters, Geese, Turkeys And Peafowls\n66. Pigeons Or Doves\n67. Restrictions On Feeding Of Birds\n68. Removal Of Non-Conforming Structure Or Enclosure\n69. Restrictions On Pigeon Nesting Or Perching\n","sortOrder":9},{"sectionNumber":"Div 5","sectionType":"division","heading":"Car Parks","content":"Division 5—Car Parks\n70. Interpretation\n71. Ventilation\n72. Exhaust Air Discharge Points And Exhaust Registers\n\n9 January 2018 GOVERNMENT GAZETTE, WA 71\nPART 6—PEST CONTROL\nDivision 1—Flies\n73. Interpretation\n74. Fly Breeding Matter Not To Be Left On Premises Unless Covered Or Treated\n75. Measures To Be Taken By An Occupier\n76. Officer May Give Notice Directing Measures To Be Taken\n77. Local Government May Execute Work And Recover Costs\nDivision 2—Mosquitoes\n78. Interpretation\n79. Premises To Be Kept Free Of Mosquito Breeding Matter\n80. Measures To Be Taken By An Owner Or Occupier\n81. Measures To Be Taken By Occupier\n82. Removal Of Undergrowth Or Vegetation\n83. Filling In Excavations Etc\n84. Drains, Channels And Septic Tanks\n85. Drainage of Land\n86. Officer May Give Notice Directing Measures To Be Taken\n87. Local Government May Execute Work And Recover Costs\nDivision 3—Rodents\n88. Interpretation\n89. Measures To Be Taken To Eradicate Rodents\n90. Waste Food Etc. To Be Kept In Rodent Proof Receptacles\n91. Restrictions On Materials Affording Harbourage For Rodents\n92. Food Premises Etc. To Be Cleaned After Use\n93. Restrictions On The Sale Or Keeping Of Rats\n94. Local Government May Execute Work And Recover Costs\nDivision 4—Cockroaches\n95. Interpretation\n96. Measures To Be Taken To Eradicate Cockroaches\nDivision 5—Bee Keeping\n97. Interpretation\n98. Restrictions On Keeping Of Bees In Hives\n","sortOrder":10},{"sectionNumber":"Div 6","sectionType":"division","heading":"Arthropod Vectors Of Disease","content":"Division 6—Arthropod Vectors Of Disease\n99. Interpretation\n100. Responsibility Of The Owner Or Occupier\n","sortOrder":11},{"sectionNumber":"Part 7","sectionType":"part","heading":"INFECTIOUS DISEASES","content":"PART 7—INFECTIOUS DISEASES\nDivision 1—General Provisions\n101. Requirements On Owner Or Occupier To Clean, Disinfect And Disinfest\n102. Environmental Health Officer May Disinfect Or Disinfest Premises\n103. Insanitary Houses, Premises And Things\n104. Medical Officer May Authorise Disinfecting\n105. Persons In Contact With An Infectious Disease Sufferer\n106. Declaration Of Infected House Or Premises\n107. Destruction Of Infected Animals\n108. Disposal Of A Body\n109. Local Government May Carry Out Work And Recover Costs\nDivision 2—Disposal Of Used Condoms And Needles\n110. Disposal Of Used Condoms\n111. Disposal Of Used Needles\n","sortOrder":12},{"sectionNumber":"Part 8","sectionType":"part","heading":"LODGING HOUSES","content":"PART 8—LODGING HOUSES\nDivision 1—Registration\n112. Interpretation\n113. Lodging House Not To Be Kept Unless Registered\n114. Application For Registration\n115. Approval Of Application\n\n","sortOrder":13},{"sectionNumber":"72","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"72 GOVERNMENT GAZETTE, WA 9 January 2018\n116. Renewal Of Registration\n117. Notification Upon Sale Or Transfer\n118. Revocation Of Registration\nDivision 2—Construction And Use Requirements\n119. General Construction Requirements\n120. Sanitary Conveniences\n121. Laundry\n122. Kitchen\n123. Cooking Facilities\n124. Dining Room\n125. Lounge Room\n126. Fire Prevention And Control\n127. Obstruction Of Passages And Stairways\n128. Fitting Of Locks\n129. Restriction On Use Of Rooms For Sleeping\n130. Sleeping Accommodation Short Term Hostel\n131. Furnishing Etc. Of Sleeping Apartments\n132. Ventilation\n133. Numbers To Be Placed On Doors\nDivision 3—Management And Care\n134. Keeper Or Manager To Reside In The Lodging House\n135. Register Of Lodgers\n136. Keeper Report\n137. Certificate In Respect Of Sleeping Accommodation\n138. Duplicate Keys And Inspection\n139. Room Occupancy\n140. Maintenance Of A Room By A Lodger Or Resident\n141. Cleaning And Maintenance Requirements\n142. Responsibilities Of Lodgers And Residents\n143. Approval For Storage Of Food\n","sortOrder":14},{"sectionNumber":"Part 9","sectionType":"part","heading":"OFFENSIVE TRADES","content":"PART 9—OFFENSIVE TRADES\nDivision 1—General\n144. Interpretation\n145. Consent To Establish An Offensive Trade\n146. Notice Of Application\n147. Registration Of Premises\n148. Certificate Of Registration\n149. Change Of Occupier\n150. Alterations To Premises\nDivision 2—General Duties Of An Occupier\n151. Interpretation\n152. Cleanliness\n153. Rats And Other Vectors Of Disease\n154. Sanitary Conveniences And Hand wash basins\n155. Painting Of Walls Etc.\n156. Effluvia, Vapours Or Gases\n157. Offensive Material\n158. Storage Of Materials\n159. Specified Offensive Trades\n160. Directions\n161. Other Duties Of Occupier\nDivision 3—Fish Premises\n162. Interpretation\n163. Fish Preparation Room\n164. Bench\n165. Disposal Of Waste\n166. Fish Containers\n167. Cooking Of Fish\n168. Use Of An Approved Portable Box\n169. Fish Transport Vehicle\n\n9 January 2018 GOVERNMENT GAZETTE, WA 73\nDivision 4—Laundries, Dry Cleaning Establishments And Dye Works\n170. Interpretation\n171. Receiving Depot\n172. Reception Room\n173. Walls And Floors\n174. Laundry Floor\n175. Escape Of Dust\n176. Precautions Against Combustion\n177. Trolleys\n178. Sleeping On Premises\n","sortOrder":15},{"sectionNumber":"Part 10","sectionType":"part","heading":"OFFENCES AND PENALTIES","content":"PART 10—OFFENCES AND PENALTIES\n179. Penalties\nSCHEDULES OF FORMS AND FEES\n1. Application for Registration of a Lodging House.\n2. Certificate of Registration of a Lodging House.\n3. Notice of Change of Owner of a Lodging House.\n4. Register of Lodgers.\n5. List of Lodgers.\n6. Certificate of Sleeping Accommodation for a Lodging House.\n7. Application for Licence of a Morgue.\n8. Certificate of Licence of a Morgue.\n9. Application for Consent to Establish an Offensive Trade.\n10. Application for Registration of Premises for Offensive Trade.\n11. Certificate of Registration of Premises for Offensive Trade.\n\n9 January 2018 GOVERNMENT GAZETTE, WA 75\nPART 1—PRELIMINARY\n1. Citation\nThis local law may be cited as The City of Nedlands Health Local Law 2017.\n1A. Commencement\nThis local law commences 14 days after the day on which it is published in the Government Gazette.\n1B. Application\nThis local law applies throughout the district.\n2. Repeal\nThe City of Nedlands Health Local Laws 1997 adopted by the City of Nedlands on 25 November 1997\nand published in the Government Gazette on 9 February 1998, are repealed.\n3. Interpretation\n(1) In this local law unless the context otherwise requires\n“Act” means the Health (Miscellaneous Provisions) Act 1911;\n“adequate supply of water” means a flow of water of not less than 0.076 litres per second;\n“approved” means approved by the local government;\n“AS” means Australian Standard published by the Standards Association of Australia;\n“AS 1530.2: 1993” means the standard published by the Standards Association of Australia as\nAS 1530:2: 1993 and called “Methods for fire testing on building materials, components and\nstructures—Tests for flammability of materials”;\n“AS 1668.2: 2002” means the standard published by the Standards Association of Australia as\nAS 1668:2: 2002 and called “The use of ventilation and air-conditioning in buildings—\nVentilation design for indoor air contaminant control”;\n“AS 2001.5.4: 2005” means the standard published by the Standards Association of Australia as\nAS 2001.5.4: 2005 and called “Methods of tests for textiles Dimensional change-Domestic\nwashing and drying procedures for textile testing (ISO 6330:2000, MOD)”;\n“AS/NZS 1530.3: 1999” means the standard published by the Standards Association of Australia\nas AS/NZS 1530.3: 1999 and called “Methods for fire tests on building materials, components\nand structure-Simultaneous determination of ignitability, flame propagation, heat release\nand smoke release”;\n“AS/NZS 3666.2: 2002” means the standard published by the Standards Association of Australia\nas AS/NZS 3666.2: 2002 and called “Air-handling and water systems of buildings-Microbial\nControl-Operation and maintenance”;\n“Building Code” means the latest edition of the Building Code of Australia published from time\nto time by, or on behalf of, the Australian Building Codes Board, as amended from time to\ntime, but not including explanatory information published with that Code;\n“Chief Executive Officer” means the Chief Executive Officer of the City of Nedlands and\nincludes an Acting Chief Executive Officer;\n“district” means the district of the local government and includes any area placed under the\njurisdiction of the local government pursuant to Section 22 of the Act;\n“dwelling house” means a place of residence containing at least one sleeping room and includes\na room or outbuilding separate from, but ancillary to, the building in which the sleeping room\nis located;\n“Environmental Health Officer” means an Environmental Health Officer appointed by the\nlocal government under the Act and includes an Acting Environmental Health Officer;\n\n","sortOrder":16},{"sectionNumber":"76","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"76 GOVERNMENT GAZETTE, WA 9 January 2018\n“fire authority” means the Fire and Emergency Services Authority of Western Australia, Fire\nand Emergency Services of WA, or the Department of Fire and Emergency Services;\n“Food Standards Code” means the Australian New Zealand Food Standards Code as defined in\nthe Commonwealth Food Standards Australia New Zealand Act 1991;\n“habitable room” means a room used for normal domestic activities, and—\n(a) includes a bedroom, living room, lounge room, music room, television room, kitchen,\ndining room, sewing room, study, play-room, family room and sun-room; but\n(b) excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, lobby,\nphotographic dark room, clothes-drying room, and other spaces of a specialised nature\noccupied neither frequently nor for extended periods;\n“hot water” means water at a temperature of at least 75 degrees Celsius;\n“Local Government” means the City of Nedlands;\n“Medical Officer” means the Medical Officer appointed by the local government under the\nAct and includes an Acting Medical Officer so appointed;\n“Manager Health and Compliance” means an authorised officer appointed by the local\ngovernment to perform the duties and functions of the office of Manager Health and\nCompliance and includes an Acting Manager Health and Compliance;\n“public place” includes every place to which the public ordinarily have access, whether by\npayment of a fee or not;\n“sanitary convenience” includes urinals, water-closets, earth-closets, privies, sinks, baths,\nwash troughs, apparatus for the treatment of sewage, ash-pits, ash-tubs, or other receptacle\nfor the deposit 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;\n“sewer” includes sewers and drains of every description, except drains to which the word “drain”\nas defined in the Act applies, also water channels constructed of stone, brick, concrete, or any\nother material, including the property of the local government;\n“street” includes any highway, and any public bridge, and any road, lane, footway, square, court,\nalley or passage, whether a thoroughfare or not;\n“toilet” means a water closet, earth closet, privy or urinal and includes a room or cubicle in\nwhich one or more of these is located;\n“vector of disease” means an arthropod or rodent that can transmit, by biological or mechanical\nmeans, an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs,\ncrab lice, body lice and head lice;\n“water” means drinking water within the meaning of the Australian Drinking Water Guidelines\nas published by the National Health and Medical Research Council in 2011 and as amended\nfrom time to time; and\n“window” 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\n4. Interpretation\nIn this Part, unless the context otherwise requires—\n“festival” includes a fair, function or event;\n“organiser” 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;\n“public sanitary convenience” means a sanitary convenience to which the public ordinarily\nhave access, whether by payment of a fee or not; and\n“temporary sanitary convenience” means a sanitary convenience, temporarily placed for use\nby—\n(a) patrons and employees in conjunction with a festival; or\n(b) employees at construction sites or the like.\n5. 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.\n\n9 January 2018 GOVERNMENT GAZETTE, WA 77\n6. Premises other than a Dwelling House\n(1) The owner of premises other than a dwelling house shall not use or occupy, or permit to be used or\noccupied, premises other than a dwelling house unless—\n(a) the premises have sanitary conveniences in accordance with the Building Code and this Part;\n(b) the toilets required by this local law are situated within a reasonable distance and are easily\naccessible to the persons for whom they are provided; and\n(c) the premises have hand wash basins—\n(i) in accordance with the Building Code;\n(ii) for the use of persons employed or engaged on the premises;\n(iii) provided with an adequate supply of water supplied by taps located over each basin;\n(iv) separate from any trough, sink or basin used in connection with any process carried out\non the premises; and\n(v) situated within a reasonable distance of the sanitary conveniences and easily accessible\nto the person for whom they are provided.\n(2) The occupier of premises other than a dwelling house shall ensure that-\n(a) clean toilet paper is available at all times in each cubicle;\n(b) a sanitary napkin disposal facility is provided in each toilet set aside for the use of females;\nand\n(c) each hand wash basin is provided with—\n(i) an adequate supply of soap or other hand cleaning substances; and\n(ii) hand drying facilities, situated adjacent to and visible from the hand wash basin.\n7. Outdoor Festivals\n(1) The organiser of an outdoor festival shall provide sanitary conveniences in accordance with the\nrecommendations contained within the Department of Health document Guidelines for\nConcerts, Events and Organised Gatherings.\n(2) Where, under sub-clause (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) The Manager Health and Compliance may vary the requirements of sub-clause (1) upon the\nwritten request of the organiser.\n8. Toilets\n(1) Toilets on premises shall be maintained in accordance with the following requirements—\n(a) the door to a toilet, other than an internal toilet, shall be properly screened to a continuous\nheight of 1.8 metres from the floor;\n(b) a toilet or its entrance which is visible from overlooking windows shall be properly screened;\n(c) the floor of any internal toilet shall be—\n(i) of concrete or of other approved impervious material of an approved thickness; and\n(ii) graded to a floor waste outlet and proper discharge pipe with flap valve fitted and,\nwhere necessary, protected by an approved sump; and\n(d) the floor of any external toilet shall be—\n(i) of concrete or of other approved impervious material of an approved thickness; and\n(ii) graded to the door or alternatively an approved outlet.\n(2) Toilets on premises other than a dwelling house shall be maintained in accordance with the\nfollowing additional requirements—\n(a) 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 floor to ceiling and of\nsufficient density to blanket sound; 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.\n9. Temporary Works\nA person who undertakes temporary work at any place shall—\n(a) provide and maintain for the use of persons engaged, whether as employees or as\nindependent contractors or otherwise, one temporary approved toilet for every 20 such\npersons; and\n(b) remove the toilet at the conclusion of the work or at an earlier time in accordance with a\ndirection from the Manager Health and Compliance, and ensure the site is left clean.\n10. 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":17},{"sectionNumber":"78","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"78 GOVERNMENT GAZETTE, WA 9 January 2018\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.\n11. Ventilation of Toilet\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 external air, through a fully enclosed duct at a minimum rate of\n25 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 louvred windows; or\n(iii) wall or ceiling vents, ducted as directly 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 sub-clause (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, shall have a ventilating fan and\npower unit in duplicate; and\n(d) be maintained in good working order and condition.\n(3) A natural ventilation system provided under sub-clause (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 sub-clause (1)(a) and the entrance shall be fitted with\na door having an efficient self closing device.\n12. Public Sanitary Conveniences\n(1) A person shall not—\n(a) foul;\n(b) damage or vandalise; or\n(c) write on or otherwise deface,\na public sanitary convenience or sanitary fixtures or fittings or the premises in or on which the\nsanitary convenience is located.\n(2) A person shall not live or sleep in or on the premises in which a public sanitary convenience is\nlocated or use it for a purpose other than that for which it was intended.\n13. Lighting\nThe owner and occupier of premises in which a sanitary convenience or a public sanitary convenience\nis located shall provide and maintain adequate electric lighting for persons using the convenience.\n14. Installation\n(1) Every sanitary convenience shall be installed in accordance with the requirements of the\nMetropolitan Water Supply Sewerage and Drainage Act 1909 and shall have an adequate supply of\nwater.\n(2) Every temporary sanitary convenience shall be installed in accordance with the requirements of\nthe Health (Temporary Sanitary Conveniences) Regulations 1997.\nDivision 2—Bathroom, Laundries and Kitchens\n15. 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) The floor of the bathroom referred to in sub-clause (1) shall be—\n(a) of concrete or of other approved impervious material of an approved thickness;\n\n9 January 2018 GOVERNMENT GAZETTE, WA 79\n(b) properly surfaced with an even fall to a floor waste, suitably trapped and discharging to—\n(i) the sewer of a licensed water service operator; or\n(ii) a proper discharge pipe with flap valve fitted and, where necessary, protected by an\napproved sump.\n(3) All baths, showers, hand wash basins and similar fittings shall be provided with an adequate\nsupply of hot and cold water.\n16. Laundries\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nlaundry that—\n(a) is properly enclosed and roofed;\n(b) is adequately lined with an impervious material;\n(c) has a minimum floor area of 3 square metres and is constructed of concrete or other approved\nimpervious material of an approved thickness and the minimum width of the room shall be\nnot less than 1.5 metres;\n(d) is properly surfaced, with an even fall to a floor waste, suitably trapped and discharging to—\n(i) the sewer of a licensed water service operator; or\n(ii) a proper discharge pipe with flap valve fitted and, where necessary, protected by an\napproved sump; and\n(e) is not a room in which food is stored, prepared, served or consumed.\n(2) In the case of a single occupancy dwelling, the laundry referred to in sub-clause (1) shall have—\n(a) either—\n(i) two wash troughs and one copper; or\n(ii) a washing machine and either a wash trough or a sink; and\n(b) a clothes drying facility comprising either an electric clothes dryer or not less than 20 metres\nof clothes line erected externally.\n(3) All wash troughs, sinks and washing machines shall be—\n(a) in a laundry and connected to an adequate supply of hot and cold water; and\n(b) properly supported,\nand all wash troughs and sinks shall have a capacity of at least 36 litres.\n(4) Sole or multiple occupancy units, each being a separate dwelling, shall have—\n(a) laundry facilities, in accordance with the Building Code, for the exclusive use of the occupants\nof each unit; or\n(b) a separate laundry, with communal laundry facilities in accordance with the Building Code,\nfor up to 4 sole occupancy units that do not have their own laundry facilities.\n(5) Where, in any building, a laundry is situated adjacent to a kitchen or a room where food is stored\nor consumed, the laundry shall be separated from the kitchen by a wall extending from the floor to\nthe roof or ceiling.\n(6) Where there is an opening between a laundry and a kitchen or other room where food is stored or\nconsumed, the opening shall—\n(a) not be more than 1220 millimetres wide; and\n(b) have a door which when closed shall completely fill the opening.\n17. 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.\n18. Kitchens\n(1) For the purpose of this Division, a “cooking facility” includes a stove, oven, facility or appliance\nused for or in connection 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 stove approved by the Manager Health and Compliance;\n(b) an oven with a capacity of not less than 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 the electricity and gas technical and\nsafety legislation; and\n(b) not be installed or used in any room other than a kitchen.\n\n","sortOrder":18},{"sectionNumber":"80","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"80 GOVERNMENT GAZETTE, WA 9 January 2018\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, or\n(c) filtered by an approved recirculating filter device.\nPART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of Houses\n19. Dwelling House Maintenance\nThe owner or occupier of a dwelling house shall maintain the dwelling house and any appurtenant\nbuildings in sound condition and fit for use and, in particular, shall—\n(a) maintain all roofs, guttering and downpipes in sound weatherproof condition;\n(b) maintain any footings, foundations and walls, either external or internal, in a sound\ncondition;\n(c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material\nin any verandah, roof, walls, steps, handrails, floors or their supports with material of sound\nquality;\n(d) comply with the directions of an Environmental Health Officer to treat the premises for the\npurpose of destroying any termites;\n(e) maintain any brick, stone, mortar or cement work in a sound condition;\n(f) maintain, repair or replace any flashings or ant caps which are missing or defective;\n(g) maintain all ventilators in good order and repair;\n(h) maintain all floors even and level in surface and free from cracks and gaps;\n(i) maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and\nfittings complete and with smooth unbroken surfaces;\n(j) maintain all doors and windows in good working order and weatherproof condition;\n(k) retain all natural lighting free from any obstruction which would reduce the natural lighting,\nbelow the ratio of 10% of the floor area;\n(l) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewerage so\nthat they comply in all respects with the provisions of the Metropolitan Water Supply,\nSewerage and Drainage Act 1909 and any other legal requirements to which they are subject;\nand\n(m) maintain all electric wiring, gas services and fittings to comply in all respects with the\nrequirements of the electricity and gas technical and safety legislation.\n20. Guttering and Downpipes\nThe owner of a house shall not use or occupy, or permit to be used or occupied, a house unless—\n(a) the house is provided with adequate guttering, downpipes and drains sufficient to receive\nwithout overflow all rain water flowing into them and for all rain water to be effectively\ndisposed of to the satisfaction of the Manager Health and Compliance;\n(b) the guttering and downpipes are fixed to the eaves of every roof of the house so that all rain\nwater 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 scheme;\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 rain water from any downpipe is not discharged onto any unpaved surface of land within\n1.5 metres of any house.\n21. Maintenance of Guttering and Downpipes and Disposal of Rain Water\nThe owner or occupier of a house shall—\n(a) maintain all guttering, downpipes and drains on the premises in a good state of repair, clean\nand free from obstruction; and\n(b) not permit any rain water from the premises to discharge onto or over a footpath, street or\nother property.\nDivision 2—Ventilation of Houses\n22. Exemption for Short Term Hostels\nThis Division shall not apply to short term hostels referred to in Division 2 of Part 8.\n23. 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\n9 January 2018 GOVERNMENT GAZETTE, WA 81\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.\n24. Calculate Sufficient Space\nFor the purpose of clause 23, 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.\n25. 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 sub-clause (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/NZS3666.2: 2002; and\n(b) in use at all times the building is occupied.\n(4) If, in the opinion of the Manager Health and Compliance, a house is not properly ventilated, the\nlocal government 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 sub-clause (4).\n26. Sub-Floor Ventilation\nThe owner or occupier of a house shall make provision for sub-floor ventilation by ensuring that air\nbricks and other openings are kept clear of refuse, vegetation, building materials, dirt and the like.\nDivision 3—Water Supply\n27. 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 the licensed Water Service Operator or a water supply to the satisfaction of\nthe local government.\n(2) The water supply shall at all times deliver an adequate supply of drinking water to each tap in the\nhouse or on the site on which the house is located.\n28. Rain Water Tanks\nThe owner or occupier of a house for which part of the water supply is drawn from a rain water tank\nshall—\n(a) maintain in a clean condition and free from hazardous material—\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 once in each year, thoroughly clean any tank the water from which is used for human\nconsumption;\n(d) when directed by an Environmental Health Officer, empty, clean and disinfect any tank upon\nthe premises, the water from which is used for human consumption.\n29. Wells\nThe owner or occupier of any premises shall not use or permit for human consumption the use of the\nwater of any bore or well unless the bore or well is—\n(a) at least 30 metres from any soak well or other possible source of pollution; and\n(b) covered with a tight-fitting cover without openings of any sort other than those essential for\nthe insertion of a pump.\n30. Pollution\nA person shall not deposit on or under any land, any sewage, offensive matter or any other thing\nwhich may pollute or render unfit for human consumption, water from a well or other underground\nsource.\n\n","sortOrder":19},{"sectionNumber":"82","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"82 GOVERNMENT GAZETTE, WA 9 January 2018\nDivision 4—Secondhand Furniture, Bedding and Clothing\n31. 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.\n32. 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\n33. Application and Licensing of Morgues\n(1) All morgues, other than police or public hospital morgues, are required to be licenced.\n(2) An application for a licence of a morgue shall be—\n(a) made by the applicant;\n(b) made in the form prescribed in Schedule 7; and\n(c) forwarded to the Chief Executive Officer with the fee as fixed by the local government in\naccordance with Section 6.16 of the Local Government Act 1995.\n(3) The annual fee for a licence for a place for the temporary reception and keeping of the bodies of the\ndead awaiting burial or cremation is fixed by the local government in accordance with Section 6.16 of\nthe Local Government Act 1995.\n(4) A licence shall—\n(a) be in the form set out in Schedule 8; and\n(b) expire on 30 June next after the date of its issue.\n(5) A licence shall not be granted in respect of any premises unless—\n(a) provision has been made for the keeping of 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 some impervious material, having a fall to an outlet discharging\nover a trapped gully; and\n(e) the premises are adequately ventilated by direct communication with the outside air.\n","sortOrder":20},{"sectionNumber":"Part 4","sectionType":"part","heading":"REFUSE","content":"PART 4—REFUSE\nDivision 1—Enclosures and Burning\n34. Interpretation\n“approved enclosure” means an enclosure for the storage of receptacles which complies with\nclause 35;\n35. Suitable Enclosure\n(1) An owner or occupier of premises—\n(a) consisting of more than 3 dwellings; or\n(b) used for commercial, industrial purposes, or as a food premises;\nshall if required by the Manager Health and Compliance provide a suitable enclosure for the storage\nand cleaning of receptacles on the premises.\n(2) An owner or occupier of premises required to provide a suitable enclosure under this Division shall\nkeep the enclosure thoroughly clean and disinfected.\n(3) For the purposes of this Division, a “suitable enclosure” means an enclosure—\n(a) of sufficient size to accommodate all receptacles used on the premises but in any event having\na floor area not less than a size approved by the Manager Health and Compliance;\n(b) constructed of brick, concrete, corrugated compressed fibre cement sheet or other material of\nsuitable thickness approved by the Manager Health and Compliance;\n(c) having walls not less than 1.8 metres in height and having an access way of not less than\n1 metre in width and fitted with a self closing gate;\n(d) containing a smooth and impervious floor—\n(i) of not less than 75 millimetres in thickness; and\n(ii) which is evenly graded to an approved liquid refuse disposal system;\n(e) which is easily accessible to allow for the removal of the receptacles;\n(f) provided with a ramp into the enclosure having a gradient no steeper than 1:8 unless\notherwise approved by the Manager Health and Compliance;\n\n9 January 2018 GOVERNMENT GAZETTE, WA 83\n(g) provided with a tap connected to an adequate supply of water; and\n(h) provided with an adequate roof if required by the Manager Health and Compliance.\n36. Burning Rubbish or Refuse\n(1) A person shall not—\n(a) without the written approval of the Manager Health and Compliance; and\n(b) except in accordance with the terms and conditions to which the approval is subject,\nset fire to, or cause to be set on fire, any rubbish or refuse either—\n(i) in any incinerator; or\n(ii) on the ground.\n(2) Subject to sub-clause (3), an approval of the Manager Health and Compliance is issued subject to\nthe following conditions—\n(a) the material to be burnt—\n(i) does not include any plastic, rubber, food scraps, green garden cuttings or other\nmaterial which may become offensive when burnt; or\n(ii) is of such quantity, or of such a nature, as not to be suitable for removal by the local\ngovernment’s refuse collection service;\n(b) there is no other appropriate means of disposal;\n(c) burning shall not take place—\n(i) during any period for which an air dispersion alert has been issued by the Bureau of\nMeteorology; or\n(ii) where there is no current dispersion alert, outside the hours of 10.00am to 3.00pm;\n(d) an incinerator must meet the minimum standards specified in A.S.1875-1976; and\n(e) an incinerator unit used for fire must be located-\n(i) at least 3 metres from a fence or building; and\n(ii) in such a position so as not to create a nuisance or be offensive to other persons.\n(3) Subject to the Fire Rules of the Metropolitan Fire District for the current season issued by the\nDepartment of Fire and Emergency Services, the Manager Health and Compliance may grant\napproval to clear, by burning, fire breaks or vacant blocks of grass, straw, hay undergrowth, herbage\nand other similar vegetation whether alive or dead and standing or not standing.\nDivision 2—Transport of Butchers’ Waste\n37. Interpretation\n“butchers’ waste” includes animal skeletons, rib cages and the products of a slaughter house or\nboning room.\n38. Restriction of Vehicles\nA person shall not use, for the transport of butchers’ waste-\n(a) a vehicle used for the transport of food or drugs; or\n(b) anything intended to be used for the packing or handling of food or drugs.\n39. Transport of Butchers Waste\n(1) A person shall not transport butchers’ waste otherwise than in—\n(a) a compartment complying with the following specifications—\n(i) the floor and 4 walls to be made of sheet metal and the walls to be not less than\n910 millimetres high;\n(ii) all joints to be welded, soldered or brazed 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 sheet material\napproved by the Manager Health and Compliance, carried over, and secured to the\noutside of the walls at least 300 millimetres from the top so as to keep the load out of\nsight of the public; or\n(b) a water-tight metal container fitted with a lid which can be tightly closed.\n(2) A person shall not transport any butchers’ waste in a vehicle unless the vehicle and its fittings,\nincluding the compartment or container referred to in this Part, are—\n(a) maintained in good order and condition; and\n(b) thoroughly cleaned at the conclusion of each day’s work.\n(3) A person shall not load, transport, or unload butchers’ waste in a manner that is or may be\noffensive due to—\n(a) the sight of animal skeletons, bones, offal or waste matter;\n(b) the odour of putrefaction, offal or waste matter; or\n(c) the presence of blood and particles of flesh or fat dropping onto the surface of the street\npavement or ground.\n\n84 GOVERNMENT GAZETTE, WA 9 January 2018\nPART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n40. Interpretation\n“fertiliser” includes manure.\n41. 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 rubbish, matter or other things coming from or belonging to the\npremises.\n42. Escape of Smoke etc.\nAn owner or occupier of premises shall not cause or permit the escape of smoke, dust, fumes, offensive\nor foul odours, liquid waste or liquid refuse from the premises in such quantity or of such a nature as\nto cause or to be a nuisance.\n43. Public Vehicles to be kept clean\nThe owner or person in control of a public vehicle shall—\n(a) maintain the vehicle at all times—\n(i) in a clean condition; and\n(ii) free from vectors of disease; and\n(b) whenever directed to do so by an Environmental Health Officer, thoroughly clean and\ndisinfect the vehicle as directed.\n44. Prohibition against Spitting\nA person shall not spit on a footpath, street or public place.\n45. 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 watertight\nbarrels or tanks securely covered to prevent the escape of any of the contents thereof, or the emission\nof any offensive odour there from.\n(3) Every person using any tank or barrel or vehicle in the removal of any offensive matter shall keep\nsuch tank, barrel or vehicle and every vehicle used for the carriage or removal of any such matter as\naforesaid in a thoroughly clean condition and in good repair.\n46. Use or Storage of Fertiliser\nAn owner or occupier of premises shall not use or keep for the purpose of use, as fertiliser any—\n(a) pig manure;\n(b) human faeces; or\n(c) urine.\n47. Storage and Dispatch of Artificial Fertiliser\nAn owner or occupier of premises where artificial fertiliser is stored in bulk for sale shall—\n(a) keep all artificial fertiliser in a building—\n(i) of which the walls, floors and ceilings or undersides of the roof are constructed of\ndurable and non-absorbent materials finished internally with a smooth surface; and\n(ii) free from damp and properly ventilated;\n(b) take proper precautions 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 packed in such a manner\nas to prevent any nuisance arising during transit.\n48. 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 the Manager Health and Compliance.\n49. Vehicles Used for Transporting of Animals and Birds\nUnless transporting a pet animal or bird—\n(1) No person having the control or management of any vehicle in which animals or birds are being or\nhave been transported or confined shall allow such vehicle to stand within the district until the floor\nof such vehicle has been cleaned.\n\n9 January 2018 GOVERNMENT GAZETTE, WA 85\n(2) A person having the control or management of any vehicle in which any animals or birds have\nbeen transported or confined shall immediately upon the removal of any animals or birds cause such\nvehicle to be cleaned to the satisfaction of an Environmental Health Officer.\nDivision 2—Keeping of Animals\n50. Interpretation\n“small animal” includes rabbits, ferrets, guinea pigs and other domestic rodents kept as pets.\n51. Cleanliness\nAn owner or occupier of premises in or on which a dog, cat or other animal or bird is kept shall—\n(a) keep the premises free from excrement, filth, food waste and all other matter which is or is\nlikely to become offensive or injurious to health or to attract rats or other vectors of disease;\n(b) when so directed by an Environmental Health Officer, 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.\n52. Animal Enclosures\n(1) A person shall not keep or cause or permit to be kept any animals or birds on premises which are\nnot effectively drained.\n(2) The owner or occupier of premises where animals or birds are kept shall, when directed by the\nManager Health and Compliance, pave, grade and drain the floors of all structures and the surface of\nthe ground of all enclosures used for the keeping of animals or birds.\n(3) If a structure or enclosure is used for the keeping of animals contrary to the provisions of this\ndivision, the Manager Health and Compliance may direct the owner or occupier to remove it.\n(4) An owner or occupier shall comply with a direction from the Manager Health and Compliance\nunder this Division.\n53. Cats\n(1) Subject to sub-clause (6), a person shall not, without an exemption in writing from the local\ngovernment, keep more than 3 cats over the ages of 3 months on any premises within the district.\n(2) An owner or occupier of premises may apply in writing to the local government for exemption from\nthe requirements of sub-clause (1).\n(3) The local government shall not grant an exemption under this Division 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 Division 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 exemption under this Division may be required by the local government\nto—\n(a) provide for each cat kept at or on the premises a properly constructed shelter with an\nenclosure complying with the following—\n(i) each shelter shall have a floor area of not less than 0.5 square metres for each cat over\nthe age of 3 months kept or to be kept therein; and\n(ii) the area of the enclosure appurtenant to each shelter shall be not less than 3 times the\narea of the shelter—\n(b) a shelter or an enclosure shall be situated at a distance of not less than—\n(i) two metres from the boundary of any lot not owned or occupied by the person by whom\nthe cats are kept;\n(ii) 10 metres from any dwelling, church schoolroom, hall or premises in which food is\nmanufactured, packed or prepared for human consumption;\n(c) keep all shelters, enclosures, yards and grounds in which cats are kept in a clean condition\nand free from vectors of disease at all times and clean, disinfect or otherwise deal with them\nas directed by an Environmental Health Officer from time to time.\n(6) A person may keep more than 3 cats on premises used for veterinary purposes, cat management\nfacility or as a pet shop.\n54. Keeping of Small Animals\n(1) Subject to sub-clause (4), a person shall not, without an exemption in writing from the local\ngovernment, keep more than 12 small animals over the ages of 3 months on any residential lot within\nthe district.\n(2) An owner or occupier of premises may apply in writing to the local government for exemption from\nthe requirements of sub-clause (1).\n(3) The local government shall not grant an exemption under this Division unless it is satisfied that\nthe number of small animals to be kept will not be a nuisance or injurious or dangerous to health.\n\n","sortOrder":21},{"sectionNumber":"86","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"86 GOVERNMENT GAZETTE, WA 9 January 2018\n(4) A person may keep more than 12 small animals on premises used for veterinary purposes or as a\npet shop.\n(5) A person who keeps a small animal or permits a small animal to be kept must not permit that\nsmall animal to stray or to be at large in a street, public place or upon private property without the\nconsent of the property owner.\n(6) A person who keeps a small animal or permits a small animal to be kept must ensure that the\nsmall animal is kept in a properly constructed and securely fastened structure or enclosure.\n55. Slaughter of Animals\n(1) Subject to sub-clause (2), a person shall not slaughter any animal within the district.\n(2) Sub-clause (1) does not apply to euthanasia of animals by veterinarians or other duly authorised\npersons.\n56. Disposal of Dead Animals\n(1) An owner or occupier of premises on which there is a dead animal shall immediately remove the\ncarcass and arrange for its disposal at an approved disposal site.\n(2) An owner, or a person having the care, of any animal that dies or is killed in a public or private\nplace shall immediately remove the carcass and arrange for its disposal at an approved disposal site.\nDivision 3—Keeping of Large Animals\n57. Interpretation\n“approved animal” means a horse, cow or large animal the subject of an approval by the local\ngovernment under clause 58;\n“cow” includes an ox, calf or bull;\n“horse” includes an ass, mule, donkey or pony;\n“large animal” includes a cow, horse, pig, sheep, goat, deer, camel, llama, emu, ostrich,\nkangaroo and the like;\n“stable” means a building for the keeping, care and feeding of a horse, cow or other large animal;\nand\n“stall” means a single compartment for one horse in a stable.\n58. Stables\n(1) An owner or occupier of premises shall not keep a horse, cow or large animal on those premises\nwithout the written approval of the local government.\n(2) An owner or occupier of premises who has approval to keep a horse, cow or large animal shall\nprovide for its use a stable which shall—\n(a) not be situated within 15 metres of a house or other premises;\n(b) have a proper separate stall—\n(i) for each horse or cow; and\n(ii) the floor area of which shall be a minimum of 6 square metres;\n(c) have each wall and roof constructed of an impervious material;\n(d) have on all sides of the building between the wall and the roof a clear opening of at least\n150 millimetres in height;\n(e) have a floor, the upper surface of which shall—\n(i) be raised at least 75 millimetres above the surface of the ground;\n(ii) be constructed of cement, concrete or other similar impervious materials; and\n(iii) have a fall of 1 in 100 to a drain which shall empty into a trapped gully situated outside\nthe stable and shall discharge in a manner approved by the Manager Health and\nCompliance.\n(3) The owner or occupier of premises on which a stable is located shall—\n(a) maintain the stable in a clean condition and clean, wash and disinfect it when so directed by\nan Environmental Health Officer;\n(b) keep all parts of the stable so far as possible free from flies or other vectors of disease by\nspraying with a residual insecticide or other effective means; and\n(c) when so ordered by the Manager Health and Compliance, spray the stable, or such parts as\nmay be directed, with a residual insecticide.\n59. Proximity of Animals to a Dwelling House\nThe owner or occupier of premises shall not permit an approved animal to approach within 15 metres\nof a dwelling house or food premises.\n60. Manure Receptacle\nAn owner or occupier of premises on which an approved animal is kept shall—\n(a) provide in a position convenient to the stable, a receptacle for manure, constructed of smooth,\nimpervious, durable, easily cleansed material, provided with a tight-fitting hinged cover, and\nwith no part of the floor lower than the surface of the adjoining ground;\n\n9 January 2018 GOVERNMENT GAZETTE, WA 87\n(b) keep the lid of the receptacle closed except when manure is being deposited or removed;\n(c) cause the receptacle to be emptied at least once a week and as often as may be necessary to\nprevent it becoming offensive or a breeding place for flies or other vectors of disease;\n(d) keep the receptacle so far as possible free from flies or other vectors of disease by spraying\nwith a residual insecticide or other effective means; and\n(e) cause all manure produced on the premises to be collected daily and placed in the receptacle.\nDivision 4—Keeping of Poultry, Pigeons and Miscellaneous Birds\n61. Interpretation\n“Affiliated Person” means a person who is a member of—\n(a) the Pigeon Racing Federation of Western Australia;\n(b) the Fancy Utility Pigeon Club of Western Australia;\n(c) the Southern Districts Pigeon and Bantam Club; or\n(d) any other properly constituted Pigeon Club;\n“poultry” includes fowls, ducks and other domestic fowls; and\n“miscellaneous birds” includes all birds other than poultry and registered homing or racing\npigeons.\n62. Limitation on Numbers of Poultry and Pigeons\n(a) who is not an Affiliated Person, shall not keep a combined total of more than 12 poultry and\npigeons; and\n(b) who is an Affiliated Person, shall not keep a total of more than 50 pigeons and 12 poultry.\n63. Limitations on Numbers of Miscellaneous Birds\n(a) an owner or occupier shall not keep more than 20 miscellaneous birds on any premises within\nthe district;\n(b) sub-clause (a) does not apply to premises used for veterinary purposes or as a pet shop;\non any one lot of land.\n64. Conditions for Keeping Poultry\nA person who keeps poultry or permits poultry to be kept shall ensure that—\n(a) no poultry are able to approach within 10 metres of a dwelling house, public building or\npremises where people are employed or where food is stored, prepared, manufactured or sold;\n(b) all poultry are kept in a properly constructed and securely fastened structure or enclosure\nwhich is provided with a concrete floor trowelled to a smooth finish and laid with a fall of 1 in\n50 to the front;\n(c) the structure or enclosure is in a yard having an otherwise unobstructed area of at least\n30 square metres;\n(d) no poultry are able to approach within 18 metres of a street other than a right of way unless,\nin the case of land at the junction of two or more streets, the local government has approved a\nlesser distance;\n(e) all enclosures or cages within which poultry are kept shall be maintained at all times in a\nclean condition and shall be disinfected or otherwise dealt with in a way as directed by an\nEnvironmental Health Officer; and\n(f) no poultry enclosure shall be nearer than 1 metre from any property boundary;\n65. Roosters, Geese, Turkeys and Peafowls\n(1) An occupier of premises shall not, without the written approval of the local government, keep or\npermit to be kept on those premises any one or more of the following—\n(a) a rooster;\n(b) a goose or gander;\n(c) a turkey; or\n(d) a peacock or peahen.\n(2) The local government may upon written application, grant approval with or without conditions to\nthe owner or occupier of premises to keep any one or more birds as specified in sub-clause (1).\n(3) A person who has been granted approval under this Division to keep a bird may keep the bird on\nthe premises only while he is the occupier thereof.\n(4) The local government may revoke an approval granted under this Division if it is of the opinion\nthat the keeping of the birds specified in the approval is causing a nuisance or is injurious, offensive\nor dangerous to health.\n\n","sortOrder":22},{"sectionNumber":"88","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"88 GOVERNMENT GAZETTE, WA 9 January 2018\n66. Pigeons or Doves\nA person who keeps, or permits to be kept, pigeons or doves shall ensure that—\n(a) none is able to approach within 10 metres of a dwelling, public building or food premises; and\n(b) except where registered homing pigeons are freed for exercise, the pigeons or doves are kept\nin a properly constructed pigeon loft or dove cote that—\n(i) does not exceed 3.6 metres in height from the ground;\n(ii) is in a yard having an otherwise unobstructed area of at least 30 square metres;\n(iii) is provided with a concrete floor trowelled to a smooth finish and laid with a fall of 1 in\n50 to the front; and\n(iv) is not nearer than 1 metre from any boundary.\n67. Restrictions on Feeding of Birds\nA person shall not feed a pigeon or other bird, so as to cause a nuisance or be injurious or dangerous\nto health.\n68. Removal of Non-Conforming Structure or Enclosure\n(1) If a structure or enclosure is used for the keeping of poultry or of pigeons or doves contrary to the\nprovisions of clauses 64 or 66, the Manager Health and Compliance may direct the owner or occupier\nto remove it.\n(2) An owner or occupier shall comply with a direction from the Manager Health and Compliance\nunder this Division.\n69. Restrictions on Pigeon Nesting or Perching\n(1) The local government may order an owner or occupier of a house in or on which pigeons are, or are\nin the habit of, nesting or perching to take adequate steps to prevent them continuing to do so.\n(2) An owner or occupier shall comply with the local government order under this Division.\nDivision 5—Car Parks\n70. Interpretation\n“car park” means premises, or any part of premises, set aside for parking of 3 or more motor\nvehicles; and\n“occupier” means a person having the charge, management or control of a car park.\n71. Ventilation\n(1) A person shall not use or occupy, or permit to be used or occupy, a car park unless it is ventilated\nby either—\n(a) natural ventilation; or\n(b) mechanical means;\nin accordance with AS1668.2-2002.\n(2) If, in the opinion of the Manager Health and Compliance, a car park is not properly ventilated, the\nlocal government may by notice require the occupier within a specified time to—\n(a) provide a different or additional method of ventilation; and\n(b) cease using the car park until it is properly ventilated.\n(3) An occupier shall comply with a notice under sub-clause (2).\n72. Exhaust Air Discharge Points and Exhaust Registers\nAn owner or occupier shall ensure that—\n(a) all exhaust air that is discharged from a car park shall be discharged at points—\n(i) which are constructed in accordance with AS1668.2-2002;\n(ii) located so that the hourly average exhaust flow rate is not reduced below the minimum\nrequirement of AS1668.2-2002; and\n(iii) at a velocity and in a direction so as not to be a danger to health or a nuisance.\n(b) exhaust registers are located as far as possible from the source of supply air;\n(c) in the case of a car park having a floor level below that of the external ground level, at least\n50% of the required exhaust air is drawn into exhaust registers having their bottom edge\nlocated within 100 millimetres of the floor level; and\n(d) any mechanical ventilation system is—\n(i) maintained in good working condition; and\n(ii) in operation at all times when the car park is in use.\n\n9 January 2018 GOVERNMENT GAZETTE, WA 89\nPART 6—PEST CONTROL\nDivision 1—Flies\n73. Interpretation\n“flies” means any of the two-winged insects constituting the order Diptera commonly known as\nflies.\n74. 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.\n75. Measures to be taken by an Occupier\nAn owner or occupier of premises shall take reasonable steps to 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) fertilizers 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.\n76. 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 Officer may give to the owner or occupier of the premises notice in writing directing him\nor her to take, within the time specified in the notice, such measures as in the opinion of the Officer\nare necessary to—\n(a) control the prevalence;\n(b) effect the eradication; or\n(c) effectively prevent the breeding of flies.\n77. 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 76, to\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.\nDivision 2—Mosquitoes\n78. Interpretation\n“mosquitoes” means any of the two-winged insects constituting the family Diptera Culicidae\ncommonly known as mosquitoes.\n79. Premises to be kept free of Mosquito Breeding Matter\nAn owner or occupier of premises shall keep the premises free of—\n(a) refuse; and\n(b) water that is, or is liable to become the breeding place of mosquitoes.\n80. Measures to be taken by an Owner or Occupier\n(a) where there is a fountain, pool, pond or excavation of any kind which contains water suitable\nfor the breeding of mosquitoes, shall keep the water—\n(i) stocked with mosquito destroying fish; or\n(ii) covered with a film of petroleum oil or treated with other larvicide; and\n\n","sortOrder":23},{"sectionNumber":"90","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"90 GOVERNMENT GAZETTE, WA 9 January 2018\n(b) where there is a water tank, well, cistern, vat or barrel, shall—\n(i) keep it protected with a mosquito-proof cover; and\n(ii) screen all openings, other than the delivery exit, with wire mesh having openings no\nlarger than 1.2 millimetres.\n81. Measures to be taken by Occupier\nAn occupier of premises where water is kept in a birdbath, animal drinking vessel or other receptacle\nshall—\n(a) frequently change the water; and\n(b) keep the water clean and free from vegetable matter and slime.\n82. Removal of Undergrowth or Vegetation\n(1) Where it appears to the Manager Health and Compliance that there is, on any premises,\nundergrowth or vegetation likely to harbour mosquitoes, he or she may direct, orally or in writing, the\nowner or occupier of the premises to cut down and remove within a specified time the undergrowth or\nvegetation.\n(2) An owner or occupier of premises shall comply with a direction from, and within the time allowed\nby, the Manager Health and Compliance under this Division.\n83. Filling in Excavations etc.\nUnless written permission to the contrary is obtained from the local government, a person who cuts\nturf or removes soil or other material from any land shall forthwith ensure that each excavation is\nfilled in with clean sound material and made level with the surrounding surface.\n84. Drains, Channels and Septic Tanks\nAn owner or occupier of land shall—\n(a) cause all drains and channels in or on the land to be kept in good order and free from\nobstruction; and\n(b) where a septic tank is installed on the land—\n(i) apply an approved larvicide according to the directions on the container, into the septic\ntank system, whenever directed to do so by an Environmental Health Officer;\n(ii) provide, and keep in sound condition at all times, wire mesh having openings no larger\nthan 1.2 millimetres covering any inlet vent to the tank.\n85. Drainage of Land\nAn owner or occupier of land upon which there is water liable to become a breeding place for\nmosquitoes shall, when required by the local government, effectively drain the land and, for that\npurpose, shall—\n(a) make or provide drains on the land;\n(b) remove all irregularities in the surface of the land;\n(c) if necessary, adjust the surface of the land or raise the level of the surface in such a manner\nthat—\n(i) the water on the land may flow into the drains without obstruction; and\n(ii) no water shall remain on any portion of the land other than the drains; and\n(d) keep all drains in good order and free from obstruction.\n86. Officer may give Notice directing measures to be Taken\nWhere, in the opinion of an Environmental Health Officer mosquitoes are breeding or are liable to\nbreed on any premises, the Officer may give to the owner or occupier of the premises a notice in\nwriting directing him or her to take, within the time specified in the notice, such measures as in the\nopinion of the Officer are necessary to—\n(a) control the prevalence;\n(b) effect the eradication; or\n(c) effectively prevent the breeding of mosquitoes.\n87. 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 86, to\nthe local government may execute the work and recover from that person the cost of executing the\nwork, in addition to any penalty for which that person may be liable under this local law.\n\n9 January 2018 GOVERNMENT GAZETTE, WA 91\nDivision 3—Rodents\n88. Interpretation\n“rodents” means those animals belonging to the order Rodentia and includes rats and mice but\ndoes not include animals (other than rats) kept as pets in an enclosure designed for the\npurpose of keeping as pets, animals of that kind.\n89. 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) Without limiting the generality of sub-clause (1), an owner or occupier of premises, whenever there\nare indications of the presence of rodents in, on or about the premises, and while such indications\ncontinue, shall—\n(a) take effective measures to keep the premises free from rodents including—\n(i) protecting food stuffs;\n(ii) using a rodenticide bait or properly baited traps; and\n(iii) preventing rodents having access to water on the premises;\n(b) inspect daily each rodenticide bait or trap used and, whenever a rodent is found, shall—\n(i) if it is not already dead, kill it immediately; and\n(ii) dispose of the carcass in such a manner as will not create a nuisance; and\n(c) take whatever measures for the eradication of rodents as an Environmental Health Officer\nmay from time to time direct.\n90. Waste food etc. to be kept in rodent proof Receptacles\nA person shall not place or cause to be placed in or on any premises, and an owner or occupier of\npremises shall not permit to remain in or on the premises—\n(a) any waste food, refuse, or other waste matter which might attract rodents to the premises or\nwhich might afford harbourage for rodents; or\n(b) any food intended for birds or other animals,\nunless it is contained in a rodent proof receptacle or a compartment which is kept effectively protected\nagainst access by rodents.\n91. Restrictions on materials affording harbourage for Rodents\n(1) An owner or occupier of premises shall cause—\n(a) any part of the premises; or\n(b) any material, sewer, pipe or other thing in or on the premises,\nthat might afford access or harbourage to rodents to be altered, repaired, protected, removed or\notherwise dealt with so as to prevent it being used as access for, or harbourage of, rodents.\n(2) An Environmental Health Officer may direct, orally or in writing, an owner or occupier of premises\nto take whatever action that, in the opinion of the Officer, is necessary or desirable to prevent or deter\nthe 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 Division.\n92. 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 have\nbeen used on that day or, if the use extends after midnight, then immediately after that use.\n93. Restrictions on the Sale or Keeping of Rats\n(1) Subject to sub-clause (2) an owner or occupier of premises shall not, on or from those premises—\n(a) keep or permit to be kept a rat; or\n(b) sell or offer for sale or permit to be sold or offered for sale a rat.\n(2) Sub-clause (1) shall not prevent the keeping of rats for the purpose of scientific or medical research\non premises owned or occupied by—\n(a) a university or school;\n(b) a person approved by the local government; or\n(c) a public hospital or a private hospital within the meaning of those expressions in the Private\nHospital and Health Services Act 1927.\n(3) A person or body specified in sub-clause (2) which keeps rats for the purpose of scientific or\nmedical research shall—\n(a) at all times ensure that all live rats are kept in the effective control of a person or in locked\ncages; and\n(b) if a rat escapes, forthwith comply with the requirements of clause 89 and ensure that all\nreasonable steps are taken to destroy the rat.\n\n","sortOrder":24},{"sectionNumber":"92","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"92 GOVERNMENT GAZETTE, WA 9 January 2018\n94. 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 91 to\nthe local government may execute the work and recover from that person the cost of executing the\nwork, in addition to any penalty for which that person may be liable under this local law.\nDivision 4—Cockroaches\n95. Interpretation\n“cockroach” means any of the various orthopterous insects commonly known as cockroaches\n96. 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) Without limiting the generality of sub-clause (1), an owner or occupier of premises, whenever there\nare any indications of the presence of cockroaches in, on or about the premises, and while such\nindications continue, shall take effective measures to keep the premises free from cockroaches\nincluding—\n(a) washing and storing, immediately after use, cooking and eating utensils;\n(b) wrapping and depositing in a rubbish receptacle without delay all food scraps, uneaten pet\nfood and garbage;\n(c) properly treating the premises with an insecticide, taking care not to harm the safety of\nhumans and pets or to contaminate food or cooking or eating utensils; and\n(d) whenever required by an Environmental Health Officer, treating any area with baits or other\nmethods to eradicate cockroaches.\nDivision 5—Bee Keeping\n97. Interpretation\n“bees” means an insect belonging to any of the various hymenopterous insects of the super family\nApoidea and commonly known as a bee; and\n“bee hive” means a moveable or fixed structure, container or object in which a colony of bees is\nkept.\n98. Restrictions on keeping of Bees in Hives\nA person shall not keep or permit the keeping of bees anywhere within the district unless approval to\ndo so has been given by the local government.\n(1) The local government may direct any person to remove any bees or approved beehives which in the\nopinion of the Manager Health and Compliance are causing a nuisance.\n(2) A person shall comply with a direction within the time specified.\nDivision 6—Arthropod Vectors of Disease\n99. Interpretation\n“Arthropod 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 var. corporis);\n(e) head lice (Pediculus humanus var. capitis); and\n(f) any other insect prescribed by the Executive Director, Public Health.\n100. 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.\n\n9 January 2018 GOVERNMENT GAZETTE, WA 93\nPART 7—INFECTIOUS DISEASES\nDivision 1—General Provisions\n101. Requirements on owner or occupier to clean, disinfect and disinfest\n(1) The local government or the Manager Health and Compliance 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 sub-clause (1).\n102. Environmental Health Officer may disinfect or disinfest premises\n(1) Where the local government or the Medical Officer is satisfied that any case of infectious disease\nhas occurred on any premises, the local government or the Medical Officer may direct an\nEnvironmental Health Officer, other local government officer or other person to disinfect and disinfest\nthe premises or any part of the premises and anything in or on the premises.\n(2) An owner or occupier of premises shall permit, and provide access to enable, an Environmental\nHealth Officer, other local government officer or other person to carry out the direction given under\n(3) The local government may recover, in a court of competent jurisdiction, the cost of carrying out the\nwork under this Division from the owner or occupier of the premises in or on which the work was\ncarried out.\n(4) The local government shall not be liable to pay compensation or damages of any kind to the owner\nor occupier of premises in relation to any action taken by the local government or any of its staff or\nemployees under this Division.\n103. 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 the local government considers that a house is insanitary, it may, by notice in writing,\ndirect an owner of the house, within the time and in the manner specified in the notice, to destroy or\namend the house.\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 sub-clauses (2) or (3) shall comply with the terms\nof the notice.\n104. Medical Officer may authorise disinfecting\n(1) Where the Medical Officer believes that a person is or may be infected by an infectious disease, the\nOfficer may direct the person to have his or her body, clothing and effects disinfected at a place and in\na manner directed by the Medical Officer.\n(2) A person shall comply with any direction of the Medical Officer under this Division.\n105. 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.\n106. 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 the Manager Health and Compliance.\n107. Destruction of infected animals\n(1) The Manager Health and Compliance, upon being satisfied that an animal is or may be infected or\nis liable to be infected with an infectious disease or to convey infection may, by notice in writing,\n\n","sortOrder":25},{"sectionNumber":"94","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"94 GOVERNMENT GAZETTE, WA 9 January 2018\ndirect that the animal be examined by a registered veterinary officer and all steps taken to enable the\ncondition to be controlled or eradicated or the animal destroyed and disposed of—\n(a) in the manner and within the time specified in the notice; and\n(b) by the person in whose possession, or upon whose premises, the animal is located.\n(2) A person who has in his or her possession or upon premises occupied by him or her, an animal\nwhich is the subject of a notice under sub-clause (1) shall comply with the terms of the notice.\n108. Disposal of a body\n(1) An occupier of premises in or on which is located the body of a person who has died of an infectious\ndisease shall, subject to sub-clause (2), cause the body to be buried or disposed of in such manner,\nwithin such time and with such precautions as may be directed by the Medical Officer.\n(2) A body shall not be removed from premises where death occurred except to a cemetery or morgue.\n109. 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\nDivision may be recovered in a court of competent jurisdiction from the person referred to in\nsub-clause (1)(a).\nreferred to in sub-clause (1)(a) in relation to any action taken by the local government under this\nDivision 2—Disposal of used condoms and needles\n110. 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 Manager Health and Compliance.\n(2) A person shall not dispose of a used condom in a public place except in accordance with\n111. Disposal of used needles\nA person shall not dispose of a used hypodermic syringe or needle in a public place unless it is placed\nin an impenetrable, leak-proof container and deposited in a refuse receptacle.\nPART 8—LODGING HOUSES\nDivision 1—Registration\n112. Interpretation\n(1) In this Part, unless the context otherwise requires—\n“bed” means a single sleeping berth only. A double bed provided for the use of couples, shall have\nthe same floor space requirements as two single beds;\n“bunk” means a sleeping berth comprising one of two arranged vertically;\n“dormitory” means a building or room utilised for sleeping purposes at a short term hostel;\n“keeper” means a person whose name appears on the register of keepers, in respect of a lodging\nhouse, as the keeper of that lodging house;\n“lodger” means a person who obtains, for hire or reward, board or lodging in a lodging house;\n“lodging house” includes a serviced apartment and a short term hostel;\n“manager” means a person duly appointed by the keeper in accordance with this Division to\nreside in, and have the care and management of, a lodging house;\n“register of lodgers” means the register kept in accordance with Section 157 of the Act and this\nPart;\n“resident” means a person, other than a lodger, who resides in a lodging house;\n“serviced 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\n“short term hostel” means a lodging house where the period of occupancy of any lodger is not\nmore than 14 consecutive days and shall include youth hostels and backpacker hostels.\n(2) Where in this Part an act is required to be done or forbidden to be done in relation to any lodging\nhouse, the keeper of the lodging house has, unless the contrary intention appears, the duty of causing\nto be done the act so required to be done, or of preventing from being done the act so forbidden to be\ndone, as the case may be.\n\n9 January 2018 GOVERNMENT GAZETTE, WA 95\n113. Lodging House not to be kept unless registered\nA person shall not keep or cause, suffer or permit to be kept a lodging house unless—\n(a) the lodging house is constructed in accordance with the requirements of this Part;\n(b) the lodging house is registered by the local government under clause 115;\n(c) the name of the person keeping or proposing to keep the lodging house is entered in the\nregister of keepers; and\n(d) either—\n(i) the keeper; or\n(ii) a manager who, with the written approval of the Chief Executive Officer, has been\nappointed 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.\n114. Application for registration\nAn application for registration of a lodging house shall be—\n(a) in the form prescribed in Schedule 1;\n(b) duly completed and signed by the proposed keeper; and\n(c) accompanied by—\n(i) the fee as fixed by the local government in accordance with Section 6.16 of the Local\nGovernment Act 1995; and\n(ii) detailed plans and specifications of the lodging house.\n115. Approval of application\nThe local government may approve, with or without conditions, an application under clause 114 by\nissuing to the applicant a certificate in the form of Schedule 2.\n116. Renewal of registration\nA person who keeps a lodging house which is registered under this Part shall—\n(a) during the month of December in each year apply to the local government for the renewal of\nthe registration of the lodging house; and\n(b) pay the fee as fixed by the local government in accordance with Section 6.16 of the Local\nGovernment Act 1995 at the time of making each application for renewal.\n117. 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\nChief Executive Officer, in the form of Schedule 3 written notice of the full name, address and\noccupation of the person to whom the lodging house has been, or is to be, sold or transferred.\n118. Revocation of registration\n(1) Subject to sub-clause (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 sub-clause (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 local government, been kept free from\nvectors of disease or in a clean, wholesome and sanitary condition;\n(b) that the keeper has—\n(i) been convicted of an offence against this local law in respect of the lodging house;\n(ii) not complied with a requirement of this Part; or\n(iii) not complied with a condition of registration.\n(c) that the local government, having regard to a report from the Police Service, is satisfied that\nthe keeper or manager is not a fit and proper person; and\n(d) that, by reason of alterations or additions or neglect to repair and renovate, the condition of\nthe lodging house is such as to render it, in the opinion of the Manager Health and\nCompliance, unfit to remain registered.\n(3) Before revoking the registration of a lodging house under this Division, 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\n119. General Construction Requirements\nThe general construction requirements of a lodging house shall comply with the Building Code.\n\n","sortOrder":26},{"sectionNumber":"96","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"96 GOVERNMENT GAZETTE, WA 9 January 2018\n120. 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 sub-clause (1).\n(3) Each bath, shower and hand wash basin shall be provided with an adequate supply of hot and cold\nwater.\n(4) The walls of each shower 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.\n(6) Paragraphs (b) and (c) of sub-clause (5) do not apply to a serviced apartment.\n121. Laundry\n(1) A keeper shall—\n(a) subject to sub-clause (2), provide on the premises for the use of each 15 lodgers, a laundry in\naccordance with the requirements of clause 16 of this local law;\n(b) at all times maintain each laundry in a proper sanitary condition and in good repair;\n(c) provide an adequate supply of hot and cold water to each wash trough, sink, copper and\nwashing machine; and\n(d) ensure that the floor area of each laundry is properly surfaced with an even fall to a floor\nwaste.\n(2) The Manager Health and Compliance may approve the provision of a reduced number of laundry\nunits if suitable equipment of a commercial type is installed.\n122. Kitchen\nThe keeper of a lodging house shall provide in that lodging house a kitchen which—\n(a) complies with the requirements of Standard 3.2.3 of the Food Standards Code; and\n(b) has a kitchen floor area of not less than 16 square metres.\n123. Cooking Facilities\n(1) The keeper of a lodging house where lodgers prepare their own meals shall provide a kitchen with\nelectrical, gas or other stoves and ovens approved by the Manager Health and Compliance in\naccordance with the following table—\nNo. of Lodgers Ovens 4 Burner Stoves\n1-15 1 1\n16-30 1 2\n31-45 2 3\n46-50 2 4\nOver 60 2 4 + 1 for each additional 15 lodgers (or part\nthereof) over 60\n(2) The keeper of a lodging house where meals are provided by the keeper or manager shall provide a\nkitchen with cooking appliances of a number and type approved by the Manager Health and\nCompliance.\n124. 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 0.6 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, at least half of the number of\nlodgers; and\n(ii) provided with a suitable floor covering.\n\n9 January 2018 GOVERNMENT GAZETTE, WA 97\n125. Lounge Room\nThe keeper of a lodging house shall provide in that lodging house a lounge room—\n(a) with a floor area—\n(i) where the lounge is not combined with the dining room—not less than 0.6 square\nmetres per person;\n(ii) where the lounge room is combined with a dining room—not less than 1.2 square\nmetres per person,\nbut in either case having a minimum of 13 square metres; and\n(b) which shall be—\n(i) adequately furnished to accommodate, at any one time, half of the number of lodgers;\nand\n(ii) provided with a suitable floor covering.\n126. Fire prevention and control\nA keeper shall—\n(a) in each passage in the lodging house provide emergency lights—\n(i) in such a position and of such a pattern, as approved by the Manager Health and\nCompliance; and\n(ii) which shall be kept separate from the general lighting system and kept illuminated\nduring the hours of darkness;\n(b) provide an approved fire blanket positioned within 2 metres of the cooking area in each\nkitchen;\n(c) ensure that each fire fighting appliance is clearly visible, accessible and maintained in good\nworking order at all times;\n(d) provide fire-extinguishing appliances of the number and pattern, and situated in such a\nposition as the local government may direct;\n(e) ensure all buildings are fitted with fire protection equipment as advised by the Department of\nFire and Emergency Services and approved by the local government; and\n(f) ensure all fire fighting equipment, exit signs, emergency lights and fire detection and alarm\nsystems are adequately maintained at all times in such a condition as will enable their proper\nperformance.\n127. Obstruction of passages and stairways\nA keeper shall not cause, suffer or permit furniture, fittings or other things to be placed either\ntemporarily or permanently in or on—\n(a) a stairway, stair landing, fire-escape, window or common passageway; or\n(b) part of the lodging house in common use or intended or adapted for common use,\nin such a manner as to form an obstruction to the free passage of lodgers, residents or persons in or\noccupying the lodging house.\n128. 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.\n129. Restriction on use of rooms for sleeping\n(1) Subject to sub-clause (3) and clause 143, a keeper shall not use or permit to be used as a sleeping\napartment a room in a lodging house—\n(a) which contains food;\n(b) which contains or is fitted with a cooking appliance or kitchen sink;\n(c) which is used as a kitchen, scullery, store room, dining room, general sitting room or lounge\nroom or for the preparation or storage of food;\n(d) which is not reasonably accessible without passing through a sleeping or other room in the\nprivate occupation of another person;\n(e) which, except in the case of a short term hostel, contains less than 5.5 square metres of clear\nspace for each lodger occupying the room;\n(f) which is naturally illuminated by windows having a ratio of less than 0.1 square metre 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 the Manager Health and Compliance.\n\n","sortOrder":27},{"sectionNumber":"98","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"98 GOVERNMENT GAZETTE, WA 9 January 2018\n(2) For the purposes of this Division, two children under the age of 10 years shall be counted as one\nlodger.\n(3) Paragraphs (a), (b) and (c) of sub-clause (1) shall not apply to a serviced apartment.\n130. Sleeping Accommodation Short Term Hostel\n(1) A keeper of a short term hostel shall provide—\n(a) clear floor space of not less than\n(i) 4 square metres per person in each dormitory utilising beds;\n(ii) 2.5 square metres per person in dormitories utilising bunks.\n(b) a ceiling with a minimum height of 2.4 metres in any dormitory utilising beds and 2.7 metres\nin any dormitory utilising bunks.\n(c) either—\n(i) fixed outlet ventilation at a ratio of 0.15 square metres to each 10 square metres of floor\narea of the dormitories. Dormitories shall be provided with direct ventilation to the\nopen air from a point within 230 millimetres of the ceiling level through a fixed open\nwindow or vents, carried as direct to the open air as is practicable; or\n(ii) mechanical ventilation in lieu of fixed ventilation, subject to the local government’s\napproval.\n(d) beds with a minimum size of 800 millimetres x 1.9 metres;\n(e) storage space for personal effects, including backpacks, so that cleaning operations are not\nhindered and access spaces are not obstructed.\n(2) The minimum floor area requirements in sub-clause (1) will onlyapply if there is ventilation,\nseparation distances, fire egress andother safety requirements in accordance with the Building Code.\n(3) The keeper of any short term hostel shall—\n(a) ensure that at all times a minimum distance of 750 millimetres between beds and a minimum\ndistance of 900 millimetres between bunks is maintained;\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. The passageway shall be kept\nclear of obstruction at all times;\n(c) ensure all doors, windows and ventilators are kept free of obstruction.\n(4) The keeper shall ensure that—\n(a) materials used in dormitory areas comply with AS1530.2-1993 and AS/NZS1530.3: 1999 as\nfollows—\ndrapes, curtains, blinds and bed covers — a maximum Flammability Index of 6;\nupholstery and bedding —a maximum Spread of Flame Index of 6;\n—a maximum Smoke Developed Index of 5;\nfloor coverings —a maximum Spread of Flame Index of 7.\n—a maximum Smoke Developed Index of 5;\nFire retardant coatings used to make a material comply with these indices must be—\n(i) certified by the manufacturer as approved for use with the fabric to achieve the\nrequired indices; and\n(ii) certified by the manufacturer to retain its fire retardancy effect after a minimum of\n5 commercial dry cleaning or laundering operations carried out in accordance with\nAS2001.5.4-2005, Procedure 7A, using ECE reference detergent; and\n(iii) certified by the applicator as having been carried out in accordance with the\nmanufacturer’s specifications of the product,\n(b) emergency lighting is provided in accordance with the Building Code of Australia;\n(c) a lodger or other person does not smoke in any dormitory, kitchen, dining room, or other\nenclosed public place, within a short term hostel or recreational campsite; and\n(d) the keeper of any short term hostel shall ensure all mattresses are fitted with a mattress\nprotector.\n131. Furnishing etc. of sleeping apartments\n(1) A keeper shall—\n(a) furnish each sleeping apartment with a sufficient number of beds and sufficient bedding of\ngood quality;\n(b) ensure that each bed—\n(i) has a bed head, mattress and pillow; and\n(ii) is provided with a pillow case, mattress cover, two sheets, a blanket or rug and, from\nthe 1st day of May to the 30th day of September, not less than one additional blanket or\nrug; and\n(c) furnish each bedroom so that there are adequate storage facilities for belongings within the\nroom.\n\n9 January 2018 GOVERNMENT GAZETTE, WA 99\n(2) A keeper shall not cause, suffer or permit any tiered beds or bunks to be used in a sleeping\napartment other than in a lodging house used exclusively as a short term hostel;\n(3) The sheets and blankets required to be provided under subclause (1)(b)(ii), shall be deemed to have\nbeen provided by the keeper, where the keeper offers them to the lodgers. In such circumstances, each\nlodger must either provide his or her own clean sheets or hire them from the keeper.\n(4) In a short term accommodation hostel or recreational campsite, the storage facilities required by\nsub-clause (1)(c) may be located in a separate secure storage room or locker.\n132. Ventilation\n(1) If, in the opinion of an Environmental Health Officer, a kitchen, bathroom, toilet, laundry or\nhabitable room is not adequately or properly ventilated, he or she may direct the keeper to provide a\ndifferent or additional method of ventilation.\n(2) The keeper shall comply with any direction given under sub-clause (1) within such time as\ndirected.\n133. Numbers to be placed on Doors\n(1) A keeper shall place or cause to be placed on the outside of the doors of all rooms available to\nlodgers in the lodging house, serial numbers so that—\n(a) the number “1” is placed on the outside of the door of the room nearest to the front or main\nentry door of the lodging house; and\n(b) the numbers continue in sequence throughout each floor (if there is more than one) of the\nlodging house.\n(2) The numbers to be placed on the doors under sub-clause (1) shall be—\n(a) not less than 40 millimetres in height;\n(b) 1.5 metres from the floor; and\n(c) permanently fixed either by being painted on the doors or shown by other legible means.\nDivision 3—Management and Care\n134. Keeper or manager to reside in the lodging house\nWhenever there is one or more lodgers in a lodging house, a keeper or manager shall—\n(a) reside continuously in the lodging house; and\n(b) not be absent from the lodging house unless he or she arranges for a reputable person to have\nthe care and management of the lodging house.\n135. Register of lodgers\n(1) A keeper shall keep a register of lodgers in the form of Schedule 4.\n(2) The register of lodgers shall be—\n(a) kept in the lodging house; and\n(b) open to inspection at any time on demand by any member of the Police Service or by an\nEnvironmental Health Officer.\n136. Keeper report\nA keeper shall, whenever required by the local government, report to the local government, in the\nform of Schedule 5, the name of each lodger who lodged in the lodging house during the preceding day\nor night.\n137. 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 of Schedule 6.\n(2) The certificate issued under sub-clause (1) shall specify the maximum number of persons who\nshall be permitted to occupy each room as a sleeping apartment at any one time.\n(3) When required by an Environmental Health Officer, a keeper shall exhibit the certificate issued\nunder this Division in a conspicuous place.\n(4) A person shall not cause, suffer or permit a greater number of persons than is specified on a\ncertificate issued under this Division to occupy the room to which it refers.\n138. Duplicate keys and inspection\nEach keeper and manager of a lodging house shall—\n(a) retain possession of a duplicate key to the door of each room; and\n(b) when required by an Environmental Health Officer, open the door of any room for the\npurposes of inspection by the Officer.\n139. Room occupancy\n(1) A keeper shall not—\n(a) cause, suffer or permit more than the maximum number of persons permitted by the\nCertificate of Registration of the lodging house to be lodged at any one time in the lodging\nhouse;\n\n","sortOrder":28},{"sectionNumber":"100","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"100 GOVERNMENT GAZETTE, WA 9 January 2018\n(b) cause, suffer or permit to be placed or kept in any sleeping apartments—\n(i) a larger number of beds; or\n(ii) a larger quantity of bedding,\nthan is required to accommodate and provide for the maximum number of persons permitted\nto occupy the sleeping apartment at any one time; and\n(c) use or cause, suffer or permit to be used for sleeping purposes a room that—\n(i) has not been certified for that purpose; and\n(ii) the Manager Health and Compliance or the Medical Officer has forbidden to be used as\na sleeping apartment.\n(2) For the purpose of this Division, two children under 10 years of age shall be counted as one lodger.\n140. 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 sub-clause (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 and sanitary condition.\n(3) A lodger or resident who contracts with a keeper to service, clean or maintain a room occupied by\nhim or her, shall maintain the room in a clean and sanitary condition.\n141. Cleaning and maintenance requirements\n(1) In this Division—\n“bed linen” includes sheets, pillow cases and mattress covers.\n(2) A keeper of a lodging house shall—\n(a) maintain in a clean, sound and undamaged condition-\n(i) the floor, walls, ceilings, woodwork and painted surfaces;\n(ii) the floor coverings and window treatments; and\n(iii) the toilet seats;\n(b) maintain in a clean condition and in good working order—\n(i) all fixtures and fittings; and\n(ii) windows, doors and 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 the laundry floor is cleaned daily;\n(e) ensure that—\n(i) all bed linen, towels, and house linen in use is washed at least once a week;\n(ii) within a reasonable time of a bed having been vacated by a lodger or resident, the bed\nlinen is removed and washed;\n(iii) a person does not occupy a bed which has been used by another person unless the bed\nhas been provided with clean bed linen;\n(iv) all beds, bedsteads, blankets, rugs, covers, bed linen, towels and house linen are kept\nclean, in good repair and free from vectors of disease;\n(v) when any vectors of disease are found in a bed, furniture, room or sleeping apartment,\nthat immediate 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 the Manager Health and Compliance, 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 the Manager Health and\nCompliance or an Environmental Health Officer.\n142. Responsibilities of lodgers and residents\nA lodger or resident shall not—\n(a) use any room available to lodgers—\n(i) as a shop, store or factory; or\n(ii) for manufacturing or trading services;\n(b) keep or store in or on the lodging house any goods or materials which are inflammable or\noffensive;\n\n9 January 2018 GOVERNMENT GAZETTE, WA 101\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 143—\n(i) keep, store, prepare or cook food in any sleeping apartment; or\n(ii) unless sick or invalid and unable to leave a sleeping apartment for that reason, use a\nsleeping apartment for dining purposes;\n(i) place or keep, in any part of a lodging house, any luggage, clothing, bedding, or furniture that\nis infested with vectors of disease;\n(j) store or keep such a quantity of furniture, material or goods within the lodging house—\n(i) in any kitchen, living or sleeping apartment so as to prevent the cleaning of the floors,\nwalls, fittings or fixtures; or\n(ii) in a sleeping apartment so as to decrease the air space to less than the minimum\nrequired by this Part;\n(k) obstruct or prevent the keeper or manager from inspecting or examining the room or rooms\noccupied by the lodger or resident; and\n(l) fix any fastener or change any lock to a door or room without the written approval of the\nkeeper.\n143. Approval for storage of food\n(1) The Manager Health and Compliance may—\n(a) upon written application from a keeper, approve the storage of food within a refrigerator or\nsealed container in a sleeping apartment; and\n(b) withdraw the approval if a nuisance or vector of disease infestation is found to exist in the\nlodging house.\n(2) The keeper of a serviced apartment may permit the storage and consumption of food within that\napartment if suitable storage and dining facilities are provided.\nPART 9—OFFENSIVE TRADES\nDivision 1—General\n144. Interpretation\nIn this Part, unless the context otherwise requires—\n“occupier” in relation to premises includes the person registered as the occupier of the premises\nspecified in the Certificate of Registration;\n“offensive trade” means any one or more of the trades, businesses or occupations usually\ncarried on, 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;\n(c) any trade as defined by Section 186 of the Act; and\n“premises” includes houses of premises for offensive trade.\n145. Consent to Establish an Offensive Trade\n(1) A person seeking the consent of the local government under Section 187 of the Act to establish an\noffensive trade shall—\n(a) advertise notice of his intention to apply for consent in accordance with clause 146; and\n(b) lodge with the Chief Executive Officer an application in the form of Schedule 9.\n(2) A person who makes a false statement in an application under this Division shall be guilty of an\noffence.\n146. Notice of Application\nA notice required under sub-clause 145(1)(a) shall—\n(a) contain the name and address of the person who intends to make the application;\n(b) contain a description of the nature of the offensive trade;\n(c) contain details of the premises in or upon which it is proposed to carry on the proposed trade;\nand\n(d) appear in a Perth daily newspaper at least two weeks but not more than one month before\nthe application under sub-clause 145(1)(b) is lodged with the Chief Executive Officer.\n\n","sortOrder":29},{"sectionNumber":"102","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"102 GOVERNMENT GAZETTE, WA 9 January 2018\n147. Registration of Premises\nAn application for the registration of premises pursuant to Section 191 of the Act shall be—\n(a) in the form of Schedule 10;\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.\n148. 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 of Schedule 11.\n149. 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.\n150. 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 other than minor repairs.\nDivision 2—General Duties of an Occupier\n151. Interpretation\n“occupier” means the occupier, or where there is more than one occupier, each of the occupiers\nof the premises in or upon which an offensive trade is carried on; and\n“the premises” means those premises in or upon which an offensive trade is carried on.\n152. Cleanliness\n(a) keep or cause to be kept in a clean and sanitary condition and in a state of good repair the\nfloors, walls and ceilings and all other portions of the premises;\n(b) keep or cause to be kept in a clean and sanitary condition and in a state of good repair all\nfittings, fixtures, appliances, machinery, implements, shelves, counters, tables, benches, bins,\ncabinets, sinks, drain boards, drains, grease traps, tubs, vessels and other things used on or\nin connection with the premises;\n(c) keep the premises free from any unwholesome or offensive odour arising from the premises;\n(d) maintain in a clean and tidy condition all yards, footpaths, passage ways, paved areas, stores\nor outbuildings used in connection with the premises; and\n(e) clean daily and at all times keep and maintain all sanitary conveniences and all sanitary\nfittings and grease traps on the premises in a clean and sanitary condition.\n153. 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.\n154. Sanitary Conveniences and Hand wash basins\nThe occupier shall provide on the premises in an approved position sufficient sanitary conveniences\nand hand wash basins, each with an adequate supply of hot and cold water for use by employees and\nby all other persons lawfully upon the premises.\n155. 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.\n156. Effluvia, Vapours or Gases\nThe occupier shall provide, use and maintain in a state of good repair and working order, appliances\ncapable of effectively destroying or of rendering harmless all offensive effluvia, vapours or gases\narising in any process of the occupier’s business or from any material, residue or other substance\nwhich may be kept or stored upon the premises.\n157. 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 the air tight covers on the receptacles, except when it is necessary to place something in\nor remove something from them;\n\n9 January 2018 GOVERNMENT GAZETTE, WA 103\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 and at such more frequent intervals as may be approved or directed by the\nManager Health and Compliance or whenever so directed by an Environmental Health\nOfficer; and\n(e) cause all receptacles after being emptied to be cleaned immediately with an efficient\ndisinfectant.\n158. Storage of Materials\nThe occupier shall cause all material on the premises to be stored so as not to be offensive or injurious\nto health whether by smell or otherwise and so as to prevent the creation of a nuisance.\n159. Specified Offensive Trades\n(1) For the purposes of this Division, “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 materials;\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 9.5 millimetres; and\n(c) cause all liquid refuse to be—\n(i) cooled to a temperature not exceeding 26 degrees Celsius and in accordance with the\nMetropolitan Water Supply, Sewerage and Drainage Board Local Laws 1981 before\nbeing discharged into any drain outlet from any part of the premises; and\n(ii) directed through such screening or purifying treatment as the Manager Health and\nCompliance may from time to time direct.\n160. Directions\n(1) The Manager Health and Compliance may give to the occupier directions to prevent or diminish\nthe offensiveness of a trade or to safeguard the public health.\n(2) The occupier shall comply with any directions given under this Division.\n161. 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 carried on by the occupier.\nDivision 3—Fish Premises\n162. Interpretation\n“appliance” includes a utensil, an instrument, a cover, a container or apparatus;\n“fish” means fresh fish, frozen fish, chilled fish and cooked fish, whether cleaned, uncleaned or\npart cleaned and includes crustaceans and molluscs, but does not include—\n(a) fish which has been cured, preserved, hermetically canned or treated to prevent\nputrefaction; or\n(b) cleaned fish supplied in cartons or packets by a packer and sold in such cartons or\npackets if they are at all times kept in a deep freeze refrigeration unit at a temperature\nnot exceeding minus 15 degrees Celsius;\n“fish curing” means the process where fish may be part cleaned, scaled, or cut up for\npreservation by salting, drying, smoking or other means;\n“fish processing” means a process whereby fish are cleaned, part cleaned, scaled or cut up;\n“fish premises” may include a fish processing establishment, fish curing establishment and a\nshellfish and crustacean processing establishment;\n“fish transport vehicle” includes—\n(a) an appliance attached to, carried in or used in connection with a vehicle; and\n(b) a trailer and a portable box,\nused or designed to be used for the transport or storage of fish; and\n“portable box” means a box for the transport or storage of fish and includes a fish transport\nvehicle.\n\n","sortOrder":30},{"sectionNumber":"104","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"104 GOVERNMENT GAZETTE, WA 9 January 2018\n163. Fish Preparation Room\n(1) The occupier of a fish premises shall provide a fish preparation room that complies with the\nrequirements of the requirements of Standard 3.2.3 of the Food Standards Code.\n(2) The fish preparation room—\n(a) shall have a self-closing door;\n(b) shall have a minimum floor area of 9 square metres;\n(c) shall be flyproofed and provided with ample light and ventilation.\n(3) The occupier shall ensure that all fish are prepared in the fish preparation room and that room is\nto be used solely for that purpose.\n(4) The occupier of a fish premises shall provide, in or easily accessible from each fish preparation\nroom, cleaning facilities consisting of a double bowl stainless steel wash trough of adequate size to\naccommodate the equipment and utensils used on the premises, connected to a piped supply of hot\nand cold water.\n164. Bench\nThe occupier of a fish premises shall provide and maintain on the premises a separate stainless steel\nbench for the handling of fish.\n165. Disposal of Waste\nThe occupier of a fish premises shall cause all offal and wastes, all rejected and unsaleable fish and\nany rubbish or refuse which is likely to be offensive or a nuisance to be—\n(a) placed in the receptacles referred to in clause 157 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.\n166. Fish Containers\nThe occupier of a fish premises shall not allow any box, basket or other 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.\n167. Cooking of Fish\nWhere cooking of fish is carried out in a fish premises, the occupier shall provide and maintain—\n(a) an exhaust canopy of an approved type;\n(b) an exhaust ventilation system—\n(i) the point of discharge of which shall be at least 1 metre above the ridge of a pitched roof\nor 3 metres above a flat roof and shall not be located within 6 metres of an adjoining\nproperty or any fresh air intakes; and\n(ii) which shall discharge in such manner and in such a position that no nuisance is\ncreated.\n168. Use of an Approved Portable Box\nThe Manager Health and Compliance may permit an approved portable box to be used for the\ntransport or storage of fish.\n169. Fish Transport Vehicle\nA person shall not use a fish transport vehicle for the transport or storage of fish unless it is so\nconstructed, equipped and maintained that—\n(a) the frame is made of metal or other approved material;\n(b) all internal surfaces—\n(i) are made of metal or approved non-toxic plastic substance, which may include stainless\nsteel, aluminium, galvanised iron, fibreglass, or other material of similar strength and\nimpermeable qualities;\n(ii) are smoothly finished;\n(iii) are rigidly secured with a solid backing;\nand\n(iv) have floor and vertical angles coved with not less than a 9.5 millimetre radius,\nbut, if all necessary floor joints are effectively sealed, the surface of the floor, or part of it,\nmay be of an approved tread type track material;\n(c) internal horizontal joints made between metal sheeting are lapped from top to bottom and\neither—\n(i) continuously welded; or\n(ii) lapped with a minimum of 40 millimetres cover secured with blind rivets and sealed\nwith a non-toxic sealing material;\n(d) the vehicle is effectively insulated with a stable insulating material;\n(e) the vehicle has, at the rear or side, doors that are made in the manner provided by\nparagraphs (a),(b),(c) and (d) of this clause, are close fitting, and have a suitable locking\ndevice fitted;\n\n9 January 2018 GOVERNMENT GAZETTE, WA 105\n(f) the vehicle is fitted with shelves and grids, made of impervious material, in such a manner\nthat the shelves and grids may be easily removed;\n(g) any containers used in the vehicle for fish are made of stainless steel, fibre glass, or approved\nnon-toxic plastic; and\n(h) the vehicle is in good repair and condition and is thoroughly clean.\nDivision 4—Laundries, Dry Cleaning Establishments and Dye Works\n170. Interpretation\n“dry cleaning establishment”—\n(i) means premises where clothes or other articles are cleaned by use of solvents without\nusing water; but\n(ii) does not include premises in which perchlorethylene or arklone is used as dry cleaning\nfluid in a fully enclosed machine operating on full cycle;\n“dye works” means a place where articles are commercially dyed, but does not include the dye\nworks in which provision is made for the discharge of all liquid waste therefrom, into a public\nsewer;\n“exempt laundry” means a laundry in respect of which the local government has certified in\nwriting to be exempt from the provisions of this Part;\n“laundromat” means a public place with coin operated washing machines, spin dryers or dry\ncleaning machines; and\n“exempt laundromat” means a premises in which—\n(a) laundering is carried out by members of the public using, on payment of a fee,\nmachines or equipment provided by the owners or occupiers of those establishments;\n(b) laundering is not carried out by those owners or occupiers for or on behalf of other\npersons; and\n(c) provision is made for the discharge of all liquid waste therefrom into a public sewer;\nand\n“laundry” means any place where articles are laundered by commercial grade machinery but\ndoes not include an exempt laundry or an exempt laundromat.\n171. 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\nManager Health and Compliance who may at any time by written notice withdraw such permission.\n172. Reception Room\n(1) The occupier of a laundry, dry cleaning establishment or dye works shall—\n(a) provide a reception room in which all articles brought to the premises for treatment shall be\nreceived and shall not receive or permit to be received any such articles except in that room;\nand\n(b) cause such articles as may be directed by an Environmental Health Officer to be thoroughly\ndisinfected to the satisfaction of the officer.\n(2) A person shall not bring or permit food to be brought into the reception room referred to in this\n173. Walls and Floors\nThe occupier of a laundry, dry cleaning establishment or dye works shall cause—\n(a) the internal surfaces of all walls to be rendered with a cement plaster with a steel float finish\nor other approved material to a height of 2 metres and to be devoid of holes, cracks and\ncrevices;\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.\n174. Laundry Floor\nThe occupier of a laundry shall provide in front of each washing machine a non-corrosive grating, at\nleast 910 millimetres in width and so constructed as to prevent any person from standing in water on\nthe floor.\n175. 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.\n176. 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.\n\n","sortOrder":31},{"sectionNumber":"106","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"106 GOVERNMENT GAZETTE, WA 9 January 2018\n177. 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, non-corrosive, impervious material, devoid of holes,\ncracks and crevices that is easily cleaned; and\n(iii) thoroughly cleaned and disinfected on a regular basis.\n178. 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\n179. 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 sub-clause (1) is liable to—\n(a) a penalty which is not more than $1,000 and not less than—\n(i) in the case of a first such offence, $100;\n(ii) in the case of a second such offence, $200; and\n(iii) in the case of a third and subsequent\nsuch offence, $500; and\n(b) if the offence is a continuing offence, a daily penalty which is not more than $100 and not less\nthan $50.\n————\n","sortOrder":32},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":null,"content":"Schedule 1\nAPPLICATION FOR REGISTRATION OF A LODGING HOUSE\n.......................................................................................................................................................................\n(Full name of Applicant/s)\nof ...................................................................................................................................................................\n.......................................................................................................................................................................\napply for the registration of premises situated (or to be\nsituated) at ....................................................................................................................................................\n.......................................................................................................................................................................\nas a lodging house to be classified as—\n- a lodging house;\n- a short term hostel; or\n- serviced apartments\n(Specify which is to apply)\nand for my name to be entered in the Register as the keeper of the lodging house.\nDESCRIPTION OF LODGING HOUSE\nNumber of storeys .......................\nRooms for private use\nNumber Area\nLaundries/toilets/bathrooms ............ .............\nBedrooms ............ .............\nDining Rooms ............ .............\nKitchens ............ .............\nSitting Rooms ............ .............\nOther (Specify) ............ .............\n\n9 January 2018 GOVERNMENT GAZETTE, WA 107\nRooms for lodgers\nNumber Area\nBedrooms ............ .............\nDining Rooms ............ .............\nKitchens ............ .............\nSitting Rooms ............ .............\nOther (Specify) ............ .............\nSanitary Conveniences for male lodgers\nToilets ............\nUrinals ............\nBaths ............\nShowers ............\nHand wash basins ............\nSanitary Conveniences for female lodgers\nToilets ............\nBaths ............\nShowers ............\nHand wash basins ............\nLaundry Facilities\nWashtroughs ............\nWashing machines ............\nDrying cabinets or Clothes lines ............\nAdditional Details\n(a) Lodgers’ meals will be provided by the manager/keeper/lodgers.\n(b) The keeper will/will not reside continuously on the premises.\n(c) Name and occupation of proposed manager if keeper resides elsewhere—\n..........................................................................................................................................................\n(d) There will be .............. family members residing on the premises with the keeper/manager.\nApplication fee of $.......... is attached.\n————\n","sortOrder":33},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":null,"content":"Schedule 2\nCERTIFICATE OF REGISTRATION OF A LODGING HOUSE\nTHIS is to certify that the premises situated at...........................................................................................\n......................................................................................................................................... are registered as a\nLodging House and classified as—\n- a lodging house\n- a short term hostel\n- serviced apartments\nuntil 31 December .........., on the following conditions—\n1. That ......................., whose name is entered on the register of keepers of the City of Nedlands,\ncontinues to be the keeper of the lodging house;\n2. that ......................., appointed by the keeper to be the manager of the lodging house,\ncontinues to be the manager of the lodging house;\n3. that the Certificate of Registration is not sooner cancelled or revoked;\n4. that the maximum number of rooms to be used as sleeping apartments for lodgers is\n....................; and\n5. that the maximum number of lodgers accommodated on the premises shall not exceed\n...................\nThis Certificate of Registration is issued subject to the Health (Miscellaneous Provisions) Act and\nHealth Local Law of the City of Nedlands and is not transferable.\nDated ...................................\nManager Health and Compliance City of Nedlands\nFee received: $....................\n\n","sortOrder":34},{"sectionNumber":"108","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"108 GOVERNMENT GAZETTE, WA 9 January 2018\n","sortOrder":35},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":null,"content":"Schedule 3\nNOTICE OF CHANGE OF OWNER OF A LODGING HOUSE\n.......................................................................................................................................................................\n(Full name of Applicant/s)\nof ...................................................................................................................................................................\n.......................................................................................................................................................................\nam/are the new owner/s of premises situated at .........................................................................................\n.......................................................................................................................................................................\nwhich are registered in the name of .............................................................................................................\n.......................................................................................................................................................................\nfor the carrying on of the lodging house business.\n————\n","sortOrder":36},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":null,"content":"Schedule 4\nREGISTER OF LODGERS\nLocation of Lodging House: ..........................................................................................................................\n.......................................................................................................................................................................\nDate of Name Previous Signature Room Date of\nArrival Address No. Departure\n.......................................................................................................................................................................\n.......................................................................................................................................................................\n.......................................................................................................................................................................\n.......................................................................................................................................................................\n————\n","sortOrder":37},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":null,"content":"Schedule 5\nLIST OF LODGERS\nThe following is the name of every person who resided in the lodging house at\n.......................................................................................................................................................................\n.......................................................................................................................................................................\non the ............. day of ..................... ..........\n(Signed) ..........................................\n(Keeper)\nDate: ..............................................\n\n9 January 2018 GOVERNMENT GAZETTE, WA 109\n","sortOrder":38},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":null,"content":"Schedule 6\nCERTIFICATE OF SLEEPING ACCOMMODATION FOR A LODGING HOUSE\nTo: ...................................................................................................................................................................\n(Name of Keeper)\nof .....................................................................................................................................................................\n(Address of Keeper)\nFor the registered lodging house situated at: ...............................................................................................\n........................................................................................................................................................................\nThe rooms listed below are not to be occupied by more than the number of lodgers or residents\nindicated below.\nROOM NUMBER: MAXIMUM OCCUPANCY:\nDate ...............................................\n————\n","sortOrder":39},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":null,"content":"Schedule 7\nAPPLICATION FOR LICENCE OF A MORGUE\nI ......................................................................................................................................................................\n(full name in block letters)\nof ....................................................................................................................................................................\n(full residential address)\napply to licence the premises listed below as a Morgue\nAddress of premises—\n........................................................................................................................................................................\n........................................................................................................................................................................\nName of premises—\n....................................................................................................\nDated this ........ day of ...........................\n(Signature of Applicant)\n————\n","sortOrder":40},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":null,"content":"Schedule 8\nCERTIFICATE OF LICENCE OF A MORGUE\nThis is to certify the following premises is licenced as a Morgue from the ......... day of\n..................................………. until\n31st day of December..........\nAddress of premises—\n........................................................................................................................................................................\n........................................................................................................................................................................\n\n","sortOrder":41},{"sectionNumber":"110","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 9 January 2018","content":"110 GOVERNMENT GAZETTE, WA 9 January 2018\nName of premises—\n....................................................................................................\nDated this ........ day of ...........................\n————\n","sortOrder":42},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":null,"content":"Schedule 9\nAPPLICATION FOR CONSENT TO ESTABLISH AN OFFENSIVE TRADE\nI/We, ..............................................................................................................................................................\n(Full Name of Applicant/s)\nof ...................................................................................................................................................................\n.......................................................................................................................................................................\napply for consent to establish an offensive trade being\n.......................................................................................................................................................................\n(Description of Offensive Trade)\nin or upon\n..........................................................................................................................\n(Location of the House or Premises)\nNotice of my/our intention to make this application was\nadvertised in .................................................................................................................................................\n(Name of Newspaper)\non ..................................................................................................................................................................\n(Date of Advertisement)\nPlans and specifications of the buildings proposed to be used or erected in connection with the\nproposed offensive trade are attached.\n————\n","sortOrder":43},{"sectionNumber":"Sch 10","sectionType":"schedule","heading":null,"content":"Schedule 10\nAPPLICATION FOR REGISTRATION OF PREMISES FOR OFFENSIVE TRADE\nI/We, ..............................................................................................................................................................\n(Full Name of Applicant/s)\nof ...................................................................................................................................................................\n.......................................................................................................................................................................\napply for registration, for the year ended ....................................................................................................\nof ...................................................................................................................................................................\n(Location of Premises)\n\n9 January 2018 GOVERNMENT GAZETTE, WA 111\nbeing premises in or upon which there is (or is to be) carried on an offensive trade, namely\n........................................................................................................................................................................\n........................................................................................................................................................................\n(Description of Offensive Trade)\nunder the business name of ........................................................................................\nThe prescribed registration fee of $ ................. is attached.\n————\n","sortOrder":44},{"sectionNumber":"Sch 11","sectionType":"schedule","heading":null,"content":"Schedule 11\nCERTIFICATE OF REGISTRATION OF PREMISES FOR OFFENSIVE TRADE\nThis is to certify that the premises situated at ...........................................................................................\n.......................................................................................................................................................... of which\n........................................................................................................................................................................\nis the occupier, are registered for the carrying on of the\ntrade of ..........................................................................................................................................................\nTrade Name....................................................................................................................................................\nThis registration expires on the ......................................................................\nDated this .............. day of .......................................\n————\nDated this 8th day of September 2017.\nThe Common Seal of the City of Nedlands was affixed by authority of a resolution of the Council in\nthe presence of—\nMAX HIPKINS, Mayor.\nGREG TREVASKIS, Chief Executive Officer.\n———————————","sortOrder":45}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":970},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive local health law. It replaces the 1997 version with updated standards and references, but maintains the traditional scope covering sanitation, housing, pest control, infectious disease management, and regulated businesses. No significant scope creep detected — the detailed coverage of lodging houses, offensive trades, and animal keeping aligns with established local government public health functions under the Health (Miscellaneous Provisions) Act 1911."},"complexity_factors":["Extensive cross-referencing to external standards (Building Code of Australia, multiple Australian Standards, Food Standards Code, State Acts and Regulations)","179 clauses across 10 Parts with 33 Divisions, creating a highly fragmented structure","Numerous conditional exemptions and special cases (e.g., short term hostels exempt from certain housing rules, exemptions for veterinary premises, affiliated pigeon fanciers)","Detailed technical specifications throughout (e.g., '0.076 litres per second' water flow, '25 litres per second per fixture' ventilation, specific millimetre measurements for construction)","Multiple overlapping enforcement mechanisms: notices, directions, council power to execute work and recover costs, penalties with tiered structure ($100-$1,000)","27 defined terms in the main interpretation clause, plus additional defined terms in nearly every Part and Division","Nested conditional logic: many rules apply 'unless approved', 'subject to', or 'except where' another provision applies","Prescribed forms and fees in 11 Schedules with specific administrative requirements"],"plain_english_summary":"This local health law for the City of Nedlands sets detailed rules to protect public health and prevent nuisances — covering housing standards (ventilation, room sizes, toilets), waste and pest control, water tanks, animals, lodging/hostel registration, food and other “offensive” trades, and sanitary facilities at events. It affects homeowners, renters, businesses, event organisers, animal keepers and builders. The council can inspect, issue notices, do remedial work, recover costs and fine breaches to stop disease and unsafe or unsanitary conditions."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument repeals the City of Nedlands Health Local Laws 1997 (clause 2) and replaces them with an updated, consolidated local law. The replacement retains the same broad subject-matter (sanitation, housing, pest control, lodging houses, offensive trades, etc.) while modernising and expanding technical specifications, external standard references and enforcement/administrative detail (licences, fees, officer powers), thereby altering compliance content and administrative procedures compared with the 1997 rules."},"complexity_factors":["Broad substantive scope covering sanitation, housing, refuse, pests, infectious disease, lodging houses and offensive trades","Extensive prescriptive technical requirements (ventilation rates, room sizes, construction and material specifications)","Numerous cross-references to external law and technical standards (Health (Miscellaneous Provisions) Act 1911, Building Code, AS/AS-NZS standards, Food Standards Code)","Multiple overlapping duties imposed jointly and severally on owners and occupiers","Significant delegated discretion to officers (Manager Health and Compliance, Environmental Health Officer, Medical Officer) to give directions, vary requirements and grant approvals","Several administrative regimes (licensing/registration, fees, renewals, notifications) and mandatory forms/schedules","Enforcement toolkit combining notices, entry and remedial work by the local government with cost recovery and tiered fines (including daily penalties)","Potential compliance complexity for businesses and property managers due to technical specifications and operational requirements"],"plain_english_summary":"Mechanically, this local law replaces the City of Nedlands’ 1997 health rules (cl.2) and sets detailed standards, registration/licensing and enforcement across sanitation, housing maintenance, refuse, pest control, infectious diseases, lodging houses and offensive trades. It places duties jointly on owners and occupiers, requires approvals and licences, empowers Environmental Health Officers and the Manager Health and Compliance to issue notices, carry out work and recover costs, and creates tiered penalties.\n\nWho pays and decides: owners, occupiers, businesses and event organisers bear compliance costs; the local government and its officers exercise permitting and enforcement discretion."}},"importantCases":[],"_links":{"self":"/api/acts/nedlands-city-of-health-local-law-2017","history":"/api/acts/nedlands-city-of-health-local-law-2017/history","analysis":"/api/acts/nedlands-city-of-health-local-law-2017/analysis","conflicts":"/api/acts/nedlands-city-of-health-local-law-2017/conflicts","importantCases":"/api/acts/nedlands-city-of-health-local-law-2017/important-cases","documents":"/api/acts/nedlands-city-of-health-local-law-2017/documents"}}