{"id":"wa-local:corrigin-shire-of-shire-of-corrigin-health-local-law-2016","name":"Shire of Corrigin Health Local Law 2016","slug":"shire-of-corrigin-health-local-law-2016","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437705,"registerId":"wa-local:corrigin-shire-of-shire-of-corrigin-health-local-law-2016-pdf-1775954447869","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"11","sectionType":"section","heading":"October 2016 GOVERNMENT GAZETTE, WA 4553","content":"11 October 2016 GOVERNMENT GAZETTE, WA 4553\nCONTENTS\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"PRELIMINARY","content":"PART 1—PRELIMINARY\n1.1 Citation\n1.2 Repeal\n1.3 Commencement\n1.4 Application\n1.5 Interpretation\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"SANITATION","content":"PART 2—SANITATION\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Sanitary conveniences","content":"Division 1—Sanitary conveniences\n2.1 Interpretation\n2.2 Dwelling house\n2.3 Premises other than a dwelling house\n2.4 Outdoor festivals\n2.5 Toilets\n2.6 Temporary works\n2.7 Maintenance of sanitary conveniences and fittings\n2.8 Ventilation of toilets\n2.9 Public sanitary conveniences\n2.10 Lighting\n2.11 Installation\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Bathroom, laundries and kitchens","content":"Division 2—Bathroom, laundries and kitchens\n2.12 Bathrooms\n2.13 Laundries\n2.14 Washing or keeping of clothes in kitchens\n2.15 Kitchens\n","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"HOUSING AND GENERAL","content":"PART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of houses\n3.1 Dwelling house maintenance\n3.2 Guttering and downpipes\n3.3 Maintenance of guttering and downpipes and disposal of rainwater\nDivision 2—Ventilation of houses\n3.4 Exemption for short term hostels and recreational campsites\n3.5 Overcrowding\n3.6 Calculated sufficient space\n3.7 Ventilation\n3.8 Sub-floor ventilation\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Water supply","content":"Division 3—Water supply\n3.9 Water supply\n3.10 Rain water tanks\n3.11 Wells\n3.12 Pollution\n\n","sortOrder":6},{"sectionNumber":"4554","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 11 October 2016","content":"4554 GOVERNMENT GAZETTE, WA 11 October 2016\n","sortOrder":7},{"sectionNumber":"Div 4","sectionType":"division","heading":"Secondhand furniture, bedding and clothing","content":"Division 4—Secondhand furniture, bedding and clothing\n3.13 Prohibition of sale\n3.14 Prohibition of possession\nDivision 5—Morgues\n3.15 Application and licensing of morgues\nPART 4—WASTE FOOD AND REFUSE\nDivision 1—Liquid refuse\n4.1 Interpretation\n4.2 Deposit of liquid refuse\n4.3 Disposal of liquid waste\n4.4 Approval for septic tank pumpouts and removal of liquid waste\nDivision 2—Transport of butchers’ waste\n4.5 Interpretation\n4.6 Restriction of vehicles\n4.7 Transport of butchers’ waste\n","sortOrder":8},{"sectionNumber":"Part 5","sectionType":"part","heading":"NUISANCES AND GENERAL","content":"PART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n5.1 Interpretation\n5.2 Footpaths etc. to be kept clean\n5.3 Public vehicles to be kept clean\n5.4 Transportation, use and storage of offal, blood, or other offensive matter\n5.5 Use or storage of fertiliser\n5.6 Storage and dispatch of artificial fertiliser\n5.7 Storage of fertiliser in a house\nDivision 2—Keeping of animals\n5.8 Slaughter of animals\n5.9 Disposal of dead animals\nDivision 3—Feedlots\n5.10 Interpretation\n5.11 Premises to be approved\n5.12 Site conditions\nDivision 4—Piggeries\n5.13 Interpretation\n5.14 Premises to be approved\n5.15 Site conditions\n5.16 Prevention of nuisances\n","sortOrder":9},{"sectionNumber":"Part 6","sectionType":"part","heading":"PEST CONTROL","content":"PART 6—PEST CONTROL\nDivision 1—Flies\n6.1 Interpretation\n6.2 Fly breeding matter not to be left on premises unless covered or treated\n6.3 Measures to be taken by an occupier\n6.4 Officer may give notice directing measures to be taken\n6.5 Local government may execute work and recover costs\nDivision 2—Mosquitoes\n6.6 Interpretation\n6.7 Measures to be taken to prevent mosquitoes breeding\n6.8 The local government may execute and recover costs\nDivision 3—Rodents\n6.9 Interpretation\n6.10 Measures to be taken to eradicate rodents\n6.11 Food and wastes to be kept in rodent and vermin proof receptacles\n6.12 Restrictions on the keeping of rodents\n6.13 Food premises etc. to be cleaned after use\n\n11 October 2016 GOVERNMENT GAZETTE, WA 4555\nDivision 4—Cockroaches\n6.14 Interpretation\n6.15 Measures to be taken to eradicate cockroaches\n","sortOrder":10},{"sectionNumber":"Div 5","sectionType":"division","heading":"Argentine ants","content":"Division 5—Argentine ants\n6.16 Interpretation\n6.17 Measures to be taken to keep premises free from Argentine ants\n","sortOrder":11},{"sectionNumber":"Div 6","sectionType":"division","heading":"European wasps","content":"Division 6—European wasps\n6.18 Interpretation\n6.19 Measures to be taken to keep premises free from European wasp nests\n","sortOrder":12},{"sectionNumber":"Div 7","sectionType":"division","heading":"Arthropod vectors of disease","content":"Division 7—Arthropod vectors of disease\n6.20 Interpretation\n6.21 Responsibility of the owner or occupier\n","sortOrder":13},{"sectionNumber":"Part 7","sectionType":"part","heading":"INFECTIOUS DISEASES","content":"PART 7—INFECTIOUS DISEASES\nDivision 1—General provisions\n7.1 Requirements for an owner or occupier to clean, disinfect and disinfest.\n7.2 Direction to disinfect or disinfest premises\n7.3 Insanitary houses, premises and things\n7.4 Persons in contact with an infectious disease sufferer\n7.5 Declaration of infected house or premises\n7.6 Destruction of infected animals\n7.7 Disposal of a body\n7.8 The local government may carry out work and recover costs\nDivision 2—Disposal of used condoms and needles\n7.9 Disposal of used condoms\n7.10 Disposal of used needles\n","sortOrder":14},{"sectionNumber":"Part 8","sectionType":"part","heading":"LODGING HOUSES","content":"PART 8—LODGING HOUSES\nDivision 1—Registration\n8.1 Interpretation\n8.2 Lodging house not to be kept unless registered\n8.3 Application for registration\n8.4 Approval of application\n8.5 Renewal of registration\n8.6 Notification upon sale or transfer\n8.7 Revocation of registration\nDivision 2—Construction and use requirements\n8.8 General construction requirements\n8.9 Sanitary conveniences\n8.10 Laundry\n8.11 Kitchen\n8.12 Dining room\n8.13 Lounge room\n8.14 Fire prevention and control\n8.15 Obstruction of passages and stairways\n8.16 Fitting of locks\n8.17 Restriction on use of rooms for sleeping\n8.18 Sleeping accommodation—short term hostels and recreational campsites\n8.19 Furnishing of rooms\n8.20 Ventilation\n8.21 Numbers to be placed on doors\nDivision 3—Management and care\n8.22 Keeper or manager to reside in the lodging house\n8.23 Register of lodgers\n8.24 Keeper report\n8.25 Certificate in respect of sleeping accommodation\n8.26 Duplicate keys and inspection\n8.27 Room occupancy\n\n","sortOrder":15},{"sectionNumber":"4556","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 11 October 2016","content":"4556 GOVERNMENT GAZETTE, WA 11 October 2016\n8.28 Maintenance of a room by a lodger or resident\n8.29 Cleaning and maintenance requirements\n8.30 Responsibilities of lodgers and residents\n8.31 Approval for storage of food\n","sortOrder":16},{"sectionNumber":"Part 9","sectionType":"part","heading":"OFFENSIVE TRADES","content":"PART 9—OFFENSIVE TRADES\n9.1 Interpretation\n9.2 Consent to establish an offensive trade\n9.3 False statement\n9.4 Registration of premises\n9.5 Certificate of registration\n9.6 Change of occupier\n9.7 Alterations to premises\nDivision 2—General duties of an occupier\n9.8 Interpretation\n9.9 Cleanliness\n9.10 Rats and other vectors of disease\n9.11 Sanitary conveniences and hand wash basin\n9.12 Painting of walls etc.\n9.13 Effluvia, vapours, gases or dust\n9.14 Offensive material\n9.15 Storage of materials\n9.16 Specified offensive trade\n9.17 Directions\n9.18 Other duties of occupier\nDivision 3—Fish premises\n9.19 Interpretation\n9.20 Duties of an occupier\n9.21 Disposal of waste\n9.22 Fish containers\nDivision 4—Laundries, dry cleaning establishments and dye works\n9.23 Interpretation\n9.24 Receiving depot\n9.25 Reception room\n9.26 Walls and floors\n9.27 Laundry floor\n9.28 Escape of dust\n9.29 Precautions against combustion\n9.30 Trolleys\n9.31 Sleeping on premises\n","sortOrder":17},{"sectionNumber":"Part 10","sectionType":"part","heading":"OFFENCES AND PENALTIES","content":"PART 10—OFFENCES AND PENALTIES\n10.1 Offences and penalties\n\n11 October 2016 GOVERNMENT GAZETTE, WA 4557\nUnder the powers conferred by Section 342 of the Health Act 1911, subdivision 2 of Division 2 of Part\n3 of the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of\nCorrigin resolved on the 17 May 2016 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Shire of Corrigin Health Local Law 2016.\n1.2 Repeal\nThe Shire of Corrigin Health Local Law 1998 as published in the Government Gazette on\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"September 1998 is repealed.","content":"18 September 1998 is repealed.\n1.3 Commencement\nThis local law comes into operation on the date of its publication in the Government Gazette.\n1.4 Application\nThis local law applies throughout the district.\n1.5 Interpretation\n(1) In this local law, unless the context otherwise requires—\nAct means Health Act 1911;\nadequate supply of water means a flow of water of not less than 0.076 litres per second;\napproved means approved by the local government;\nAS or AS/NZS means Australian Standard or Australian/New Zealand Standard published by\nStandards Australia;\nAS 1530.2: 1993 means the standard published by Standards Australia as AS 1530.2: 1993 as\namended from time to time and called “Methods for fire testing on buildings materials,\ncomponents and structures—Tests for flammability of materials”;\nAS/NZS 1530.3: 1999 means the standard published by Standards Australia as\nAS/NZS 1530.3: 1999 as amended from time to time and called “Methods for fire tests on\nbuilding materials, components and structures—Simultaneous determination of ignitability,\nflame propagation, heat release and smoke release”;\nAS 1668.2—2002 means the standard published by Standards Australia as AS 1668.2—2002 as\namended from time to time and called “The use of ventilation and air-conditioning in\nbuildings—Ventilation design for indoor air contaminant control”;\nAS 2001.5.4—2005 means the standards published by Standards Australia as AS 2001.5.4—2005\nas amended from time to time and called “Methods of tests for textiles—Dimensional\nchange—Domestic washing and drying procedures for textile testing (ISO 6330:2000, MOD)”;\nAS/NZS 3666.2:2011 means the standard published by Standards Australia as AS/NZS\n3666.2:2011 as amended from time to time and called “Air-handling and water systems of\nbuildings—Microbial control —Operation and maintenance”;\nAS/NZS ISO 717.1: 2004 means the standard published by Standards Australia as AS/NZS ISO\n717.1: 2004 as amended from time to time and called “Acoustics—Rating of sound insulation\nin buildings and of building elements—Airborne sound insulation”;\nBuilding Code means the latest edition of the Building Code of Australia published from time to\ntime by, or on behalf of, the Australian Building Codes Board, as amended from time to time,\nbut not including explanatory information published with that Code;\nChief Executive Officer means the Chief Executive Officer of the Shire of Corrigin and includes\nthe Acting Chief Executive Officer;\n\n","sortOrder":19},{"sectionNumber":"4558","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 11 October 2016","content":"4558 GOVERNMENT GAZETTE, WA 11 October 2016\ndistrict means the district of the local government;\ndwelling house means a place of residence or house containing at least one sleeping room and\nincludes a room or outbuilding separate from, but ancillary to, the building in which the\nsleeping room is located;\nEnergy Safety WA means the Energy Safety division of the Department of Commerce;\nEnvironmental Health Officer means an Environmental Health Officer appointed by the local\ngovernment under the Act and includes an acting or assistant Environmental Health Officer;\nhabitable room means a room used for normal domestic activities; and\n(a) includes a bedroom, living room, lounge room, music room, television room, kitchen,\ndining room, sewing room, study, play-room, family room and sun-room;\n(b) excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, lobby,\nphotographic dark room, clothes-drying room, and other spaces of a specialised nature\noccupied neither frequently nor for extended periods;\nhot water means water at a temperature of at least 65 degrees Celsius;\nlocal government means the Shire of Corrigin;\nlocal planning scheme means the Shire of Corrigin Local Planning Scheme adopted by the local\ngovernment from time to time and has approval so granted by the Minister for Planning and\nas defined pursuant to section 4, part 1 of the Planning and Development Act 2005;\nMedical Officer means the Medical Officer appointed by the local government under the Act and\nincludes an Acting Medical Officer so appointed;\nnuisance has the meaning given in Section 182 of the Health Act 1911;\noffensive matter means and includes dust, mud, ashes, rubbish, filth, blood, offal, manure, soil\nor any other material which is offensive, and which is placed or found in or about any house,\nstable, cowhouse, pigsty, lane, yard, street, or place whatsoever;\nPrincipal Environmental Health Officer means an Environmental Health Officer appointed\nby the local government to the office of Principal Environmental Health Officer and includes\nan Acting Principal Environmental Health Officer;\npublic place includes every place to which the public ordinarily have access, whether by\npayment of a fee or not;\nsanitary convenience includes urinals, water closets, earth-closets, privies, sinks, baths, wash\ntroughs, apparatus for the treatment of sewage, ash-pits, ash-tubs, or other receptacle for the\ndeposit of ashes, faecal matter, or refuse, and all similar conveniences;\nsewage means any kind of sewage, nightsoil, faecal matter or urine, and any waste composed\nwholly or in part of liquid;\nsewer includes sewers and drains of every description, except drains to which the word “drain” as\ndefined in the Act applies, including water channels constructed of stone, brick, concrete, or\nany other material, including the property of the local government;\nstreet includes any highway, any public bridge, and any road, lane, footway, square, court, alley\nor passage, whether a thoroughfare or not;\ntoilet means a water closet, earth closet, privy or urinal and includes a room or cubicle in which\none or more of these is located;\ntownsite means all townsites within the district which are—\n(a) constituted under Section 26(2) of the Land Administration Act 1997; or\n(b) referred to in clause 37 of Schedule 9.3 of the Local Government Act 1995;\nvector of disease means an arthropod or rodent that transmits, by biological or mechanical\nmeans, an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs,\ncrab lice, body lice and head lice;\nwater means drinking water within the meaning of the Australian Drinking Water Guidelines as\npublished by the National Health and Medical Research Council in 2011 and as amended\nfrom time to time; and\nwindow means a glass panel, roof light, glass brick, glass louvre, glazed sash, glazed door, or\nother device which transmits natural light directly from outside a building to the room\nconcerned when in the closed position.\n(1) Where in this local law, a duty or liability is imposed on an “owner or occupier”, the\nduty or liability shall be deemed to be imposed jointly and severally on each of the\nowner or occupier.\n(2) Where under this local law an act is required to be done or forbidden to be done in\nrelation to any premises, the owner or occupier of those premises has, unless the\ncontrary intention appears, the duty of causing to be done the act so required to be\ndone, or of preventing from being done the act so forbidden to be done, as the case may\nbe.\nPART 2—SANITATION\nDivision 1—Sanitary conveniences\n2.1 Interpretation\n(1) In this Part, unless the context otherwise requires—\nfestival includes a fair, function or event;\n\n11 October 2016 GOVERNMENT GAZETTE, WA 4559\norganiser means a person—\n(a) to whom approval has been granted by the local government to conduct the festival; or\n(b) responsible for the conduct of the festival;\npublic sanitary convenience means a sanitary convenience to which the public ordinarily have\naccess, whether by payment of a fee or not; and\ntemporary sanitary convenience means a sanitary convenience, temporarily placed for use\nby—\n(a) patrons in conjunction with a festival; or\n(b) employees at construction sites or the like.\nurinal may be—\n(i) an individual stall or wall-hung urinal; or\n(ii) each 600mm length of a continuous urinal trough; or\n(iii) a closet pan used in place of a urinal.\n2.2 Dwelling house\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless it has\nat least one toilet.\n(2) A room in which a toilet is located shall have adequate lighting.\n2.3 Premises other than a dwelling house\n(1) The owner of premises other than a dwelling house shall not use or occupy, or permit to be used or\noccupied, premises other than a dwelling house, unless—\n(a) the premises have toilets in accordance with the Building Code and this Part;\n(b) the toilets required by this clause are situated within 90m and are easily accessible to the\npersons for whom they are provided; and\n(c) the premises have hand wash basins—\n(i) in accordance with the Building Code;\n(ii) for the use of persons employed or engaged on the premises;\n(iii) provided with an adequate supply of water supplied by taps located over each hand\nwash basin;\n(iv) separate from any trough, sink or basin used in connection with any process carried out\non the premises; and\n(v) situated with or adjacent to the sanitary conveniences and easily accessible to the\nperson for whom they are provided.\n(2) The occupier of premises other than a dwelling house shall ensure that—\n(a) clean toilet paper is available at all times in each cubicle;\n(b) a sanitary napkin disposal facility is provided in each toilet set aside for the use of females;\nand\n(c) each hand wash basin is provided with—\n(i) an adequate supply of soap or other hand cleaning substances; and\n(ii) hand drying facilities, situated adjacent to and visible from the hand wash basin.\n2.4 Outdoor festivals\n(1) The organiser of an outdoor event must provide sanitary conveniences in accordance with the\nrecommendations contained within the Department of Health’s ‘Guidelines for concerts, events and\norganised gatherings’; and\n(2) Where, under subclause (1), the number of a particular sanitary convenience to be provided is not\na whole number, that number shall be rounded up to the next higher whole number.\n2.5 Toilets\n(1) Toilets on a premises shall be maintained in accordance with the following requirements—\n(a) the door to a toilet, other than an internal door, shall be properly screened to a continuous\nheight of 1.8 metres from the floor; and\n(b) a toilet or its entrance, which is visible from overlooking windows, shall be properly screened.\n(2) Toilets on premises other than a dwelling house shall be maintained in accordance with the\nfollowing additional requirements—\n(a) a toilet for the exclusive use of males shall not adjoin any toilet for the exclusive use of\nfemales unless the toilets are separated by a wall extending from the floor to the ceiling and\nof sufficient density to have a sound transmission class of not less than 50 as required by\nAS/NZS ISO 717.1 :2004; and\n(b) where more than one toilet is provided on the premises, the entrance to each toilet shall bear\na suitable sign indicating for which sex its use is intended.\n2.6 Temporary works\nA person who undertakes temporary work at any place shall ensure every temporary sanitary\nconvenience is installed and maintained in accordance with the requirements of the Health\n(Temporary Sanitary Conveniences) Regulations 1997.\n\n","sortOrder":20},{"sectionNumber":"4560","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 11 October 2016","content":"4560 GOVERNMENT GAZETTE, WA 11 October 2016\n2.7 Maintenance of sanitary conveniences and fittings\n(1) The occupier of premises shall—\n(a) keep clean, in good condition and repair; and\n(b) whenever required by an Environmental Health Officer, effectively disinfect and clean,\nall sanitary conveniences including sanitary fittings in or on the premises.\n(2) The owner of premises shall—\n(a) keep or cause to be kept in good repair; and\n(b) maintain an adequate supply of water to,\nall sanitary conveniences including sanitary fittings in or on the premises.\n2.8 Ventilation of toilets\n(1) A toilet in any premises shall be ventilated in accordance with the Sewerage (Lighting, Ventilation\nand Construction) Regulations 1971 and the Building Code and shall be—\n(a) mechanically ventilated to the external air, through a fully enclosed duct at a minimum rate\nof 25 litres per second per fixture, but in no case less than 10 air changes per hour; or\n(b) naturally ventilated to the external air by the provision of—\n(i) fixed and permanently ventilated windows or skylights;\n(ii) fixed glazed louvered windows; or\n(iii) wall or ceiling vents, ducted as direct to the outside air as is practical and boxed\nthroughout, situated in both the room in which the toilet is located and any adjacent\nairlock.\n(2) A mechanical ventilation system provided under subclause (1)(a) shall—\n(a) be separate and distinct from any other system of mechanical ventilation in the building;\n(b) be of an exhaust type;\n(c) where it is provided for a building of more than 2 storeys, have a ventilating fan and power\nunit in duplicate; and\n(d) be maintained in good working order and condition.\n(3) A natural ventilation system provided under subclause (1)(b) shall have—\n(a) a clear ventilation area of not less than 0.015 square metres per fixture; and\n(b) a window of light transmitting area equivalent to not less than ten percent of the floor area.\n(4) A toilet with an entrance opening from—\n(a) a room used for the manufacture, storage or consumption of food;\n(b) a room used for sleeping or other domestic activities; or\n(c) a room used as a work place,\nshall be mechanically ventilated as required by subclause (1)(a) and the entrance shall be fitted with\na door having an efficient self closing device.\n2.9 Public sanitary conveniences\n(1) A person shall not—\n(a) foul;\n(b) damage or vandalise; or\n(c) write on or otherwise deface,\na public convenience or sanitary fixtures or fittings or the premises in or on which the sanitary\nconvenience is located.\n(2) A person shall not live or sleep in the premises in which a public sanitary convenience is located or\nuse it for a purpose other than that for which it was intended.\n2.10 Lighting\nThe owner and occupier of a premises in which a sanitary convenience or a public sanitary\nconvenience is located shall provide and maintain adequate electric lighting for persons using the\nconvenience.\n2.11 Installation\nEvery sanitary convenience shall be installed in accordance with the requirements of the Country\nAreas Water Supply Act 1947, and the Water Services Act 2012 and shall have an adequate supply of\nwater.\nDivision 2—Bathroom, laundries and kitchens\n2.12 Bathrooms\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nbathroom that—\n(a) is adequately lined with an impervious material and has an adequate ceiling;\n(b) complies with the Health Act (Laundries and Bathrooms) Regulations; and\n\n11 October 2016 GOVERNMENT GAZETTE, WA 4561\n(c) is equipped with—\n(i) a hand wash basin; and\n(ii) either a shower in a shower recess or a bath.\n(2) All baths, showers, hand wash basins and similar fittings shall be provided with an adequate\nsupply of hot and cold water.\n2.13 Laundries\n(1) A laundry must conform to the provisions of the Building Code.\n(2) Where in any building, a laundry is situated adjacent to a kitchen or a room where food is stored,\nprepared, served or consumed; the laundry shall be separated from the kitchen by a wall extending\nfrom the floor to the roof or ceiling.\n(3) Where there is an opening between a laundry and a kitchen or other room where food is stored,\nprepared, served or consumed, the opening shall—\n(a) not be more than 1.2 metres wide and;\n(b) have a door, which when closed shall completely fill the opening\n2.14 Washing or keeping of clothes in kitchens\nA person shall not in any kitchen or other place where food is kept—\n(a) wash or permit to be washed any clothing or bedding; or\n(b) keep or permit to be kept any soiled clothing or bedding.\n2.15 Kitchens\n(1) In this clause, a cooking facility includes a stove, oven, facility or appliance used for or in\nconnection with the cooking of food.\n(2) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nkitchen equipped with—\n(a) an electric, gas, wood or other fuel burning stove;\n(b) an oven with a capacity of not less than 0.005 cubic metres per person usually accommodated\nin the house with a minimum capacity of 0.03 cubic metres; and\n(c) a sink which shall—\n(i) be at least 380 millimetres long, 300 millimetres wide and 150 millimetres deep; and\n(ii) have an adequate supply of hot and cold water.\n(3) The occupier of a dwelling house shall ensure that the stove, oven and sink are kept clean, in good\norder and repair and fit for use.\n(4) A cooking facility shall—\n(a) be installed in accordance with the requirements of Energy Safety WA and the\nmanufacturer’s specifications of the product; and\n(b) not be installed or used in any room other than a kitchen.\n(5) Mechanical ventilation shall be provided in a kitchen and the exhaust air shall be—\n(a) carried to the outside air as directly as practicable; and\n(b) boxed throughout.\n(6) Mechanical ventilation shall be maintained in good working order and condition.\nPART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of houses\n3.1 Dwelling house maintenance\nThe owner or occupier of a dwelling shall maintain the dwelling house and any adjacent buildings on\nthe premises in sound condition and fit for use and, in particular, shall—\n(a) maintain all roofs, guttering and downpipes in sound weatherproof condition;\n(b) maintain any footings, foundations and walls, either external or internal, in a sound\ncondition;\n(c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material\nin any veranda, roof, walls, steps, handrails, floors or their supports with material of sound\nquality;\n(d) comply with the directions of an Environmental Health Officer to treat the premises for the\npurpose of destroying any termites;\n(e) maintain any brick, stone, mortar or cement work in a sound condition;\n(f) maintain, repair or replace any flashings or ant caps which are missing or defective;\n(g) maintain all ventilators in good order and repair;\n(h) maintain all floors even and level in surface and free from cracks and gaps;\n(i) maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and\nfittings complete and with smooth unbroken surfaces;\n(j) maintain all doors and windows in good working order and weatherproof condition;\n\n","sortOrder":21},{"sectionNumber":"4562","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 11 October 2016","content":"4562 GOVERNMENT GAZETTE, WA 11 October 2016\n(k) retain all natural lighting free from any obstruction which would reduce the natural lighting,\nbelow the ratio of 10% of the floor area;\n(l) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewage so\nthat they comply in all respects with the provisions of the Country Areas Water Supply\nAct 1947 and the Water Services Act 2012 and any other legal requirements to which they are\nsubject; and\n(m) maintain all electric wiring, gas services and fittings to comply in all respects with the\nrequirements of all relevant public authorities.\n3.2 Guttering and downpipes\n(1) Unless approved by the local government, the owner of a house shall not use or occupy, or permit\nto be used or occupied, a house unless—\n(a) the house is provided with adequate guttering, downpipes and drains sufficient to receive\nnormal intensities of rainwater flowing into them and for the rain water to be effectively\ndisposed of to the satisfaction of an Environmental Health Officer;\n(b) the guttering and downpipes are fixed to the eaves of the house so that all normal intensities\nof rain water flowing from the roof shall be received by such guttering and downpipes;\n(c) all downpipes from guttering are connected so as to discharge into drains, which shall empty\ninto a soak well, or other suitable storm water system or rainwater tanks;\n(d) each soak well is located at least 1.8 metres from any building and at least 1.8 metres from\nthe boundary of the block; and\n(e) any rainwater from any downpipe is not discharged onto any unpaved surface of land within\n1.8 metres of any house.\n3.3 Maintenance of guttering and downpipes and disposal of rainwater\nThe owner or occupier of a house shall—\n(a) maintain all guttering, downpipes and drains on the premises in a good state of repair, clean\nand free from obstructions; and\n(b) not permit any guttering, downpipes, or drains on the premises to discharge rainwater onto\nor over a footpath, or other property.\nDivision 2—Ventilation of houses\n3.4 Exemption for short term hostels and recreational campsites\nThis Division shall not apply to short term hostels and recreational campsites referred to in Division\n2 of Part 8.\n3.5 Overcrowding\nThe owner or occupier of a house shall not permit—\n(a) a room in the house that is not a habitable room to be used for sleeping purposes; or\n(b) a habitable room in the house to be used for sleeping purposes unless—\n(i) for every person over the age of 10 years using the room there is at least 14 cubic\nmetres of air space per person; and\n(ii) for every person between the ages of 1 and 10 years there is at least 8 cubic metres of\nair space per person; or\n(c) any garage or shed to be used for sleeping purposes.\n3.6 Calculated sufficient space\nFor the purpose of clause 3.5, in calculating the space required for each person—\n(a) each room shall be considered separately and sufficient space shall be allowed in each room\nfor the number of persons present in the room at any one time; and\n(b) a deduction shall be made for the space occupied by furniture, fittings and projections of the\nwalls into a room.\n3.7 Ventilation\n(1) A person shall not use or occupy, or permit to be used or occupied, a house unless the house is\nproperly ventilated.\n(2) For the purpose of subclause (1) a house shall be deemed to be properly ventilated if it complies\nwith the Building Code, including the provision of—\n(a) natural ventilation; or\n(b) a mechanical ventilation or air-conditioning system complying with AS1668.2: 2002.\n(3) The owner of a house provided with mechanical ventilation or an air-conditioning system shall\nensure that the system is—\n(a) maintained in good working condition and in accordance with AS/NZS 3666.2: 2011; and\n(b) in use at all times the building is occupied, if it is a building without approved natural\nventilation.\n\n11 October 2016 GOVERNMENT GAZETTE, WA 4563\n(4) If, in the opinion of an Environmental Health Officer, a house is not properly ventilated, the local\ngovernment may by notice require the owner of the house to—\n(a) provide a different, or additional method of ventilation; or\n(b) cease using the house until it is properly ventilated.\n(5) The owner shall comply with a notice under subclause (4).\n3.8 Sub-floor ventilation\nThe owner or occupier of a house shall make provision for sub-floor ventilation by ensuring that air\nbricks and other openings are kept clean of refuse, vegetation, building materials, dirt and the like.\nDivision 3—Water supply\n3.9 Water supply\n(1) The owner of a house shall ensure that it is connected with a separate and independent water\nsupply from the mains of a licensed water service operator or a water supply to the satisfaction of the\nlocal government.\n(2) The water supply shall at all times deliver an adequate supply of drinking water to each tap in the\nhouse.\n(3) The water supply to toilets, or for garden use may be from an alternative source, not necessarily\ndrinking water.\n3.10 Rain water tanks\nThe owner or occupier of a house where part of the water supply is drawn from a rain water tank\nshall—\n(a) maintain in a clean condition—\n(i) the roof forming the catchment for the tank; and\n(ii) the guttering and downpipes appurtenant to the roof;\n(b) ensure that each rain water tank is fitted with a tight-fitting mosquito proof cover which\nshall not be removed at any time except for the purpose of cleaning, repairing or maintaining\nthe tank;\n(c) at least annually inspect any tank which is used to store water for human consumption;\n(d) ensure the tank is maintained in a clean and hygienic condition; and\n(e) when directed by an Environmental Health Officer, empty, clean and disinfect any tank upon\nthe premises, used to store water for human consumption.\n3.11 Wells\nThe owner or occupier of any premises shall not use or permit for human consumption the use of the\nwater from any bore or well unless the bore or well is—\n(a) at least 30 metres from any soak well or other possible source of pollution unless otherwise\napproved by the Executive Director, Public Health; and\n(b) covered with a tight-fitting cover without openings of any sort other than those essential for\nthe insertion of a pump.\n3.12 Pollution\nA person shall not deposit on any land, any sewage, offensive matter or any other thing which may\npollute or render unfit for human consumption, water from a well or other underground source.\nDivision 4—Second-hand furniture, bedding and clothing\n3.13 Prohibition of sale\nA person shall not offer for sale or sell any secondhand furniture, bedding or clothing which is filthy\nor infested with vectors of disease.\n3.14 Prohibition of possession\nA dealer in secondhand furniture, bedding or clothing shall not have on any premises used for the\noperation of the business any secondhand furniture, bedding or clothing which is filthy or infested\nwith vectors of disease.\nDivision 5—Morgues\n3.15 Application and licensing of morgues\n(1) All morgues, other than those of any public hospital or any local government or police morgue,\nshall be licensed annually in accordance with the requirements of this Division.\n(2) An application for a licence of a morgue shall be—\n(a) made by the applicant;\n(b) made in the form approved by the local government from time to time; and\n(c) forwarded to the Chief Executive Officer with the fee as fixed by the local government from\ntime to time under Section 344C of the Act.\n\n","sortOrder":22},{"sectionNumber":"4564","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 11 October 2016","content":"4564 GOVERNMENT GAZETTE, WA 11 October 2016\n(3) The annual fee for a licence of a place for the temporary reception and keeping of the bodies of the\ndead awaiting burial or cremation is as fixed by the local government from time to time under Section\n344C of the Act.\n(4) A licence shall—\n(a) be in the form as determined by the local government from time to time; and\n(b) expire on 30 June after the date of its issue.\n(5) A licence shall not be granted in respect of any premises unless—\n(a) provision has been made for the keeping of the bodies of the dead at a temperature not\nexceeding zero degrees Celsius;\n(b) the walls are constructed of stone or brickwork or other approved material;\n(c) the interior surface of all walls is covered with glazed tiles or is rendered impervious so as to\nbe non-absorbent and washable;\n(d) all floors are constructed of an approved impervious material, having a fall to an outlet\ndischarging over a trapped gully; and\n(e) the premises are adequately ventilated by direct communication with the outside air.\n","sortOrder":23},{"sectionNumber":"Part 4","sectionType":"part","heading":"WASTE FOOD AND REFUSE","content":"PART 4—WASTE FOOD AND REFUSE\nDivision 1—Liquid refuse\n4.1 Interpretation\nIn this division, unless the context otherwise requires—\napproved carrier means a carrier licensed under the Environmental Protection (Controlled\nWaste) Regulations 2004 .\nliquid refuse includes all washings from windows, vehicles and carpet cleaning, overflow, bleed\noff, condensate and drainage from air conditioning equipment including cooling towers and\nevaporative coolers and other liquid used for cooling purposes;\nliquid waste means bathroom, kitchen, scullery and laundry wastes, the contents of septic\ntanks, all washings from animal and poultry pens and any other domestic or trade wastes\nthat are discharged by means of a drain to a receptacle for drainage; and\n4.2 Deposit of liquid refuse\nA person shall not deposit or cause or permit to be deposited liquid refuse or liquid waste—\n(a) on a street;\n(b) in a stormwater disposal system; or\n(c) on any land or place other than a place or depot duly authorised for that purpose.\n4.3 Disposal of liquid waste\n(1) The owner or occupier of premises shall—\n(a) provide, by one of the methods prescribed in this clause, for the disposal of all liquid waste\nproduced on the premises; and\n(b) at all times maintain in good working order and condition any apparatus used for the\ndisposal of liquid waste.\n(2) Liquid waste shall be disposed of by one of the following methods—\n(a) discharging it into the sewerage system of a licensed water service operator in a manner\napproved by the licensed water service operator;\n(b) discharging it into an apparatus for the treatment of sewage and disposal of effluent and\nliquid waste approved by the Executive Director, Public Health or the local government;\n(c) collection and disposal at an approved liquid waste disposal site in a manner approved by the\nExecutive Director, Public Health.\n4.4 Approval for septic tank pump-outs and removal of liquid waste\nA person shall not—\n(a) unless he or she is an approved carrier;\n(b) without the written approval of Executive Director, Public Health; and\n(c) except in accordance with any terms and conditions imposed by the Executive Director, Public\nHealth in connection with the approval under paragraph (b),\ncollect, remove or dispose of the contents of a septic tank, the pumpouts from holding tanks or an\napparatus for the treatment of sewage and other liquid wastes.\nDivision 2—Transport of butchers’ waste\n4.5 Interpretation\nbutchers’ waste includes animal skeletons and rib cages from a boning room and the inedible\nproducts of an abattoir.\n\n11 October 2016 GOVERNMENT GAZETTE, WA 4565\n4.6 Restriction of vehicles\nA person shall not use, for the transport of butchers’ waste—\n(a) a vehicle or container other than a vehicle or container which meets the requirements of\nclause 4.7 subclauses (1) and (2); or\n(b) a vehicle used for the transport of food or drugs; or\n(c) anything intended to be used for the packing or handling of food or drugs.\n4.7 Transport of butchers’ waste\n(1) A person shall not transport butchers’ waste other than in—\n(a) a compartment complying with the following specifications—\n(i) all internal surfaces to be constructed of an approved, smooth, impervious material;\n(ii) all joints to be sealed and made water-tight;\n(iii) the loading doors, if any, to be water-tight and kept closed at all times except when\nloading; and\n(iv) the top to be completely covered by a tarpaulin or other impervious material, carried\nover, and secured to the outside of the walls at least 300 millimetres from the top so as\nto keep the load out of sight of the public; or\n(b) a watertight, durable and impervious container fitted with a lid which can be tightly closed.\n(2) A person shall not transport any butchers’ waste in a vehicle unless the vehicle and its fittings,\nincluding the compartment or container referred to in this clause, are—\n(a) maintained in good order and condition; and\n(b) thoroughly cleaned at the conclusion of each day’s work.\n(3) A person shall not load, transport, or unload butchers’ waste in a manner that is or maybe\noffensive due to—\n(a) the sight of animal skeletons, bones, offal or waste matter;\n(b) the odour of putrefaction, offal or waste matter; or\n(c) the presence of blood and particles of flesh or fat dropping onto the surface of the street\npavement or ground.\nPART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n5.1 Interpretation\nfertiliser includes manure; and\npublic vehicle includes bus, train, taxi or any other public transport.\n5.2 Footpaths etc. to be kept clean\nAn owner or occupier of premises shall keep any footpath, pavement, area or right of way immediately\nadjacent to the premises clear of any rubbish, matter or other things coming from or belonging to the\npremises.\n5.3 Public vehicles to be kept clean\nThe owner or person in control of a public vehicle shall—\n(a) maintain the vehicle at all times—\n(i) in a clean condition; and\n(ii) free from vectors of disease; and\n(b) whenever directed to do so by the Environment Health Officer, thoroughly clean and disinfect\nthe vehicle as directed.\n5.4 Transportation, use and storage of offal, blood, or other offensive matter\n(1) A person shall not transport or store offal or blood, for the purpose of being used as manure, unless\nit has been sterilised by steam and properly dried.\n(2) No person shall remove any offensive matter unless such offensive matter is carried in sealed\ncontainers to prevent the escape of any of the contents thereof, or the emission of any offensive odour\ntherefrom.\n(3) Every person using any sealed containers or vehicle for the removal of offensive matter shall keep\nsuch container or vehicle in a thoroughly clean condition and in good repair.\n5.5 Use or storage of fertiliser\nAn owner or occupier of premises shall not use or keep for the purpose of use as fertiliser, any—\n(a) pig manure;\n(b) human faeces; or\n(c) urine.\n\n","sortOrder":24},{"sectionNumber":"4566","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 11 October 2016","content":"4566 GOVERNMENT GAZETTE, WA 11 October 2016\n5.6 Storage and dispatch of artificial fertiliser\nAn owner or occupier of premises where fertiliser is stored in bulk for sale shall—\n(a) keep all artificial fertiliser in a building—\n(i) of which all internal surfaces are constructed of durable and non-absorbent materials,\nfinished internally with a smooth surface;\n(ii) that protects it from the absorption of moisture; and\n(iii) that is adequately ventilated;\n(b) take adequate measures to prevent the emission of dust or offensive effluvia from the\nbuilding; and\n(c) ensure that all artificial fertiliser despatched from the premises is handled and loaded in\nsuch a manner as to prevent any nuisance arising during transit.\n5.7 Storage of fertiliser in a house\nThe owner or occupier of a house where fertiliser or compost is stored or used shall take reasonable\nsteps to—\n(a) prevent the escape of odours, dust or particles of fertiliser or compost;\n(b) treat the fertiliser or compost in such a manner as to effectively prevent it attracting or being\na breeding place for flies or other vectors of disease; and\n(c) store only such amounts of fertiliser or compost—\n(i) as can be readily used within a reasonable period; or\n(ii) as may be directed by an Environmental Health Officer.\nDivision 2—Keeping of animals\n5.8 Slaughter of animals\n(1) Subject to subclause (2), a person, unless exempted under Regulation 20 of the Food\nRegulations 2009, shall not slaughter any animal within the district.\n(2) Subclause (1) does not apply to—\n(a) euthanasia of animals by veterinarians or other duly authorised persons;\n(b) slaughter of animals for the purposes of pet meat and game meat operations;\nand\n(c) slaughter of animals for human consumption in abattoirs approved by the local government.\n5.9 Disposal of dead animals\n(1) An owner or operator of a veterinary practice where dead animals are kept for more than 12 hours,\nshall refrigerate the carcass prior to its removal and disposal, at an approved disposal site.\n(2) An owner or occupier of premises, other than a veterinary practice, on which there is a dead\nanimal shall remove the carcass as soon as possible for its disposal at an approved disposal site.\n(3) An owner, or a person having the care, of any animal that dies or is killed in a public or private\nplace, shall as soon as possible remove the carcass and arrange for its disposal at an approved\ndisposal site, except where it may be buried on broad acre farmland by the owner.\nDivision 3—Feedlots\n5.10 Interpretation\nFor the purpose of this division—\nanimal includes sheep, lambs, goats, deer, cattle and buffalo;\nbirds includes roosters, hens, geese, turkeys, ducks, poultry, emus and ostriches.\nfeedlot means a confined area with watering and feeding facilities where animals or birds are\nheld and fed for the purpose of weight gain;\n5.11 Premises to be approved\n(1) No premises shall be used as a feedlot unless approved by the local government;\n(2) Subject to subclause (3), no premises shall be approved as a feedlot by the local government unless\nevery portion of such feedlot complies with the minimum separation distances listed in Table 1; and\n(3) Sites unable to satisfy the separation requirements may be approved at the discretion of the local\ngovernment, if the local government is satisfied that approving the feedlot will not give rise to a\nhealth nuisance.\nTable 1—Required buffer distances for feedlots\nBuffer Distance\nTownsite boundaries 5,000m\nIsolated rural dwellings, dairies and industries 1,000m\nPublic roads and recreation areas 100m\nNeighbouring rural property boundaries 50m\nMajor water course and water impoundments 300m\n\n11 October 2016 GOVERNMENT GAZETTE, WA 4567\nBuffer Distance\nBores, wells or soaks used for drinking, stock or irrigation 300m\nMinor water courses 100m\n5.12 Site conditions\n(1) The owner or occupier of the approved feedlot shall ensure the premises—\n(a) is sited on gently sloping land, no greater than 1:20 but not less than 1:100;\n(b) is sited on soils composed of sandy loam soils with sufficient infiltration to avoid surface\nponding and run-off;\n(c) has a minimum groundwater clearance of 3 metres;\n(d) drainage diverts all uncontaminated stormwater from the general waste stream;\n(e) has solid and liquid waste disposal arrangements that are not offensive or injurious to health.\n(2) The owner or occupier of the approved feedlot shall take effective measures to prevent the\ndischarge of dust which may involve—\n(a) reducing the stocking rate immediately to a level that does not cause the discharge of dust; or\n(b) stabilisation of the soil surface to a level that does not cause the discharge of dust; or\n(c) provision of adequate windbreaks to effectively prevent the discharge of dust.\nDivision 4—Piggeries\n5.13 Interpretation\nFor the purpose of this division—\nintensive piggery means pigs are housed, fed and watered in breeding and growing pens in\nsheds;\npiggery in relation to premises shall include any portion of premises to which the pigs have\naccess.\n5.14 Premises to be approved\n(1) No premises shall be used as a piggery unless approved by the local government;\n(2) Subject to subclause (3), no premises shall be approved as a piggery by the local government\nunless every portion of such piggery complies with the minimum separation distances listed in\nTable 2; or if it is an intensive piggery, the minimum separation distances listed in Table 3; and\n(3) Sites unable to satisfy the separation requirements may be approved at the discretion of the local\ngovernment, if the local government is satisfied that approving the piggery will not give rise to a\nhealth nuisance.\nTable 2—Required Buffer Distances for Piggeries\nBuffer Distances\nTownsite boundaries 5,000m\nIsolated rural dwellings, dairies and industries 1,000m\nPublic roads and recreation areas 100m\nNeighbouring rural property boundaries 50m\nMajor water course and water impoundments 300m\nBores, wells or soaks used for drinking, stock or irrigation 300m\nMinor water courses 100m\n5.15 Site conditions\nThe owner or occupier of premises shall take effective measures to prevent the discharge of dust\nwhich may involve—\n(a) reducing the stocking rate immediately to a level that does not cause the discharge of dust; or\n(b) stabilisation of the soil surface to a level that does not cause the discharge of dust; or\n(c) provision of adequate windbreaks to effectively prevent the discharge of dust.\n5.16 Prevention of nuisances\nIn order to prevent dust, offensive fumes and effluent becoming a nuisance to the health of the\ninhabitants of the district, an intensive piggery shall comply with the minimum separation distances\nlisted in Table 3.\nTable 3. Required buffer distances for intensive piggeries\nTownsite\nBoundaries\nIsolated rural\ndwellings,\ndairies,\nindustries\nPublic\nroads,\nrecreation\nareas\nNeighbouring\nrural\nproperty\nboundaries\nSurface water\ncatchments\nWater-courses\n/rural water\nimpoundments\nBores/\nwells/ soaks\nDrinking\nwater\nStock\nirrigation\nPiggeries\nand facilities\ncatering for\nmore than\n5000 pigs\n5,000m 1,000m 200m 50m Not permitted 300m 300m 100m\n\n","sortOrder":25},{"sectionNumber":"4568","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 11 October 2016","content":"4568 GOVERNMENT GAZETTE, WA 11 October 2016\nTownsite\nBoundaries\nIsolated rural\ndwellings,\ndairies,\nindustries\nPublic\nroads,\nrecreation\nareas\nNeighbouring\nrural\nproperty\nboundaries\nSurface water\ncatchments\nWater-courses\n/rural water\nimpoundments\nBores/\nwells/ soaks\nDrinking\nwater\nStock\nirrigation\n500-5000\npigs\n3,500m 1,000m 150m 50m Not permitted 300m 300m 100m\n50-499 pigs 2,000m 1,000m 100m 50m Not permitted 300m 300m 100m\nLess than 50\npigs\n500m 1,000m 50m 30m Not permitted 200m 300m 100m\nLand used to\ndispose of\nraw or partly\ntreated\nwastes\n1,000m 1,000m 100m 50m Not Permitted 300m 300m 300m\nLand used to\ndispose of\neffectively\ntreated\nwastes\n200m 50m 20m 20m Not permitted 100m 100m 100m\nPART 6—PEST CONTROL\nDivision 1—Flies\n6.1 Interpretation\nflies means any of the two-winged insects constituting the order Diptera commonly known as\nflies.\n6.2 Fly breeding matter not to be left on premises unless covered or treated\nAn owner or occupier of premises shall not place, throw or leave, or permit or cause to be placed,\nthrown or left in, on or about the premises any matter or thing which is liable to attract or be a\nbreeding place for flies, unless that matter or thing is covered, protected, treated or dealt with in such\na manner as to effectively prevent it from attracting or being a breeding place for flies.\n6.3 Measures to be taken by an occupier\nAn owner or occupier of premises shall ensure that—\n(a) rubbish receptacles are kept clean and tightly sealed at all times except when refuse is being\ndeposited or emptied;\n(b) food scraps and uneaten pet food are wrapped tightly and deposited in a rubbish receptacle\nwithout delay;\n(c) lawn clippings used on gardens as mulch are raked out thinly;\n(d) fertilisers are dug well into the soil;\n(e) compost heaps are kept well covered;\n(f) barbecues are kept clean and free from food scraps;\n(g) anything that is buried and may attract or be a breeding place for flies is covered with at\nleast 100 millimetres of soil; and\n(h) excrement from pets is collected and properly disposed of without delay.\n6.4 Officer may give notice directing measures to be taken\nWhere in the opinion of an Environmental Health Officer, flies are prevalent or are breeding on any\npremises, the Environmental Health Officer may give to the owner or occupier of the premises notice\nin writing directing him or her to take, within the time specified in the notice, such measures as in\nthe opinion of the Environmental Health Officer are necessary to—\n(a) control the prevalence;\n(b) effect the eradication; or\n(c) effectively prevent the breeding\nof flies.\n6.5 Local government may execute work and recover costs\n(a) a person is required under this Division or directed by a notice given under clause 6.4, to\nexecute any work; and\nthe local government may execute the work and may recover from that person the cost of executing\nthe work, in addition to any penalty for which that person may be liable under this local law.\n(2) The costs and expenses incurred by the local government in the execution of a power under\nsubclause (1) may be recovered in a court of competent jurisdiction from the person referred to in\n\n11 October 2016 GOVERNMENT GAZETTE, WA 4569\nDivision 2—Mosquitoes\n6.6 Interpretation\nmosquitoes means any of the two-winged insects constituting the family Diptera Culicidae\ncommonly known as mosquitoes.\n6.7 Measures to be taken to prevent mosquitoes breeding\n(1) An owner or occupier of premises shall ensure that the premises are kept free from possible\nmosquito breeding sites and shall—\n(a) follow any direction of an Environmental Health Officer for the purpose of—\n(i) controlling the prevalence of mosquitoes;\n(ii) eradication of mosquitoes; or\n(iii) effectively preventing the breeding of mosquitoes.\n(b) assist the Environmental Health Officer to locate any possible mosquito breeding sites that\nmay be present in or about the premises.\n(2) An owner or occupier of premises where water is kept in a horse trough, poultry drinking vessel or\nother receptacle shall—\n(a) frequently change the water; and\n(b) keep the water clean and free from vegetable matter and slime.\n(3) An owner or occupier of premises, where a septic tank is installed, shall ensure the fixture is in a\nsound condition at all times, and mesh having openings no larger than 1.2 millimetres, covers any\neduct vent to the system.\n(4) Where there is a swimming pool on any premises where the circulation system does not function,\nor has not been used such that the pool water is green or stagnant and suitable for breeding\nmosquitoes, the owner or occupier shall, when required by a notice issued by an Environmental\nHealth Officer—\n(a) reactivate the pool circulation system within a time specified and operate it so that the water\nis filtered for as many hours as may be specified; and/or\n(b) chlorinate and adjust the pH of the pool to—\n(i) 4 milligrams per litre free chlorine; and\n(ii) pH within the range 7.2–7.6; or\n(c) empty or drain the pool; or\n(d) add a larvicide to the pool at the specified rate; and\n(e) maintain the pool water free of mosquito breeding.\n(5) An owner or occupier of land shall cause all drains and channels in or on the land to be kept in\ngood order and free from obstruction.\n6.8 The local government may execute and recover costs\n(a) a person is required under this division or directed by a notice given under clause 6.7 to\nexecute any work; and\nthe local government may execute the work and recover from that person the cost of executing the\nwork, in addition to any penalty for which that person may be liable.\n(2) The costs and expenses incurred by the local government in the execution of a power under\nsubclause (1) may be recovered in a court of competent jurisdiction from that person.\nor occupier of premises in relation to any action taken by the local government under subclause (1),\nDivision 3—Rodents\n6.9 Interpretation\nfood premises means any premises or vehicle used by a “food business” as defined by Section 10\nof the Food Act 2008.\nrodents means those animals belonging to the order Rodentia and includes rats and mice but\ndoes not include animals kept as pets in an enclosure designed for the purpose of keeping as\npets animals of that kind.\n6.10 Measures to be taken to eradicate rodents\n(1) An owner or occupier of premises shall at all times take effective measures to eradicate any\nrodents in or on the premises.\n(2) An Environmental Health Officer may direct, orally or in writing, an owner or occupier of premises\nto take whatever action, in the opinion of the Environmental Health Officer, is necessary or desirable\nto prevent or deter the presence of rodents in or on the premises.\n\n","sortOrder":26},{"sectionNumber":"4570","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 11 October 2016","content":"4570 GOVERNMENT GAZETTE, WA 11 October 2016\n(3) An owner or occupier shall within the time specified comply with any direction given by an\nEnvironmental Health Officer under this clause.\n6.11 Food and wastes to be kept in rodent and vermin proof receptacles\nA person must not store or allow to be stored, on any premises, any food, refuse or waste matter\nunless it is contained in a rodent proof receptacle or compartment, which is kept effectively protected\nagainst access by rodents.\n6.12 Restrictions on the keeping of rodents\nA person or body which keeps rodents shall—\n(a) at all times ensure that all live rodents are kept in the effective control of a person or in\nlocked cages; and\n(b) if a rodent escapes, forthwith comply with the requirements of clause 6.10 and ensure that all\nreasonable steps are taken to destroy or recapture the rodent.\n6.13 Food premises etc. to be cleaned after use\nAn owner or occupier of a food premises, theatre or place of entertainment, whether indoor or outdoor,\nshall cause the premises to be cleaned immediately after the last occasion on which the premises has\nbeen used on that day or, if the use extends after midnight, then immediately after that use.\nDivision 4—Cockroaches\n6.14 Interpretation\ncockroach means any of the various orthopterous insects commonly known as cockroaches.\n6.15 Measures to be taken to eradicate cockroaches\n(1) An owner or occupier of premises shall take effective measures to eradicate any cockroaches in or\non the premises.\n(2) An Environmental Health Officer may direct, orally or in writing, an owner or occupier of premises\nto take whatever action that, in the opinion of the Environmental Health Officer, is necessary or\ndesirable to prevent or deter the presence of cockroaches in or on the premises.\n(3) An owner or occupier shall within the time specified comply with any direction given by an\nEnvironmental Health Officer under this clause.\nDivision 5—Argentine ants\n6.16 Interpretation\nArgentine ant means an ant belonging to the species Limepithema humile (formally Irdomyrmex\nhumilis).\n6.17 Measures to be taken to keep premises free from Argentine ants\n(1) An owner or occupier of premises shall ensure that the premises are kept free from Argentine Ant\ncolonies and shall—\n(a) take all steps to locate any nests, if Argentine Ants are noticed in, on or about the premises;\n(b) properly treat all nests of Argentine Ants with an approved residual based insecticide; and\n(c) whenever required by an Environmental Health Officer—\n(i) treat any area or infestation with an insecticide referred to in paragraph (b); and\n(ii) remove any objects, including timber, firewood, compost or pot plants in accordance\nwith a direction from the Environmental Health Officer.\nDivision 6—European wasps\n6.18 Interpretation\nEuropean wasp means a wasp Vespula germanica.\n6.19 Measures to be taken to keep premises free from European wasp nests\n(1) An owner or occupier of premises shall ensure that the premises are kept free from European\nWasp nests and shall—\n(a) follow any direction of an Environmental Health Officer for the purpose of destroying the\nEuropean Wasps and their nest; and\n(b) assist an Environmental Health Officer to trace any nest that may be present in, on or about\nthe premises.\nDivision 7—Arthropod vectors of disease\n6.20 Interpretation\narthropod vectors of disease includes—\n(a) fleas (Siphonaptera);\n\n11 October 2016 GOVERNMENT GAZETTE, WA 4571\n(b) bedbugs (Cimex lectularius);\n(c) crab lice (Phthirius pubis);\n(d) body lice (Pediculus humanus humanus); and\n(e) head lice (Pediculus humanus capitis).\n6.21 Responsibility of the owner or occupier\nThe owner or occupier of premises shall—\n(a) take reasonable steps to keep the premises and any person residing in or on the premises,\nfree from any arthropod vectors of disease; and\n(b) comply with the direction of an Environmental Health Officer to treat the premises, or\nanything on the premises, for the purpose of destroying any arthropod vectors of disease.\nPART 7—INFECTIOUS DISEASES\nDivision 1—General provisions\n7.1 Requirements for an owner or occupier to clean, disinfect and disinfest.\n(1) The local government or an Environmental Health Officer may, by notice in writing, direct an\nowner or occupier of premises, within the time and in the manner specified in the notice, to clean,\ndisinfect and disinfest—\n(a) the premises; or\n(b) such things in or on the premises as are specified in the notice,\nor both, to the satisfaction of an Environmental Health Officer.\n(2) An owner or occupier shall comply with a notice given under subclause (1).\n7.2 Direction to disinfect or disinfest premises\n(1) Where the Chief Executive Officer or the Medical Officer is satisfied that any case of infectious\ndisease has occurred on any premises, the Chief Executive Officer or the Medical Officer may direct\nan owner or occupier to disinfect and disinfest the premises or any part of the premises and anything\nin or on the premises.\n(2) Where in the opinion of the Chief Executive Officer or the Medical Officer, where the owner or\noccupier directed in subclause (1) does not disinfect or disinfest the premises in a reasonable period or\nwhere as a matter of urgency, the premises or any part of the premises and anything in or on the\npremises must be disinfected or disinfested by the action of the Chief Executive Officer.\n(3) 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(4) The local government may recover, in a court of competent jurisdiction, the cost of carrying out the\nwork under this clause from the owner or occupier of the premises in or on which the work was\ncarried out.\n(5) The local government shall not be liable to pay compensation or damages of any kind to the owner\n7.3 Insanitary houses, premises and things\n(1) An owner or occupier of any house or premises shall maintain the house or premises free from any\ninsanitary condition or thing.\n(2) Where an Environmental Health Officer considers that a house is insanitary, the officer may, by\nnotice in writing, direct an owner of the house, within the time and in the manner specified in the\nnotice, to amend the house.\n(3) Where an Environmental Health Officer considers that—\n(a) a house or premises is not being maintained in a sanitary condition; or\n(b) any thing is insanitary,\nthe officer may, by notice in writing, direct, as the case may be—\n(i) the owner or occupier of the house or premises to amend any insanitary condition; or\n(ii) the owner or occupier of the thing to destroy or amend it,\nwithin the time and in the manner specified in the notice.\n(4) A person to whom a notice has been given under subclauses (2) or (3) shall comply with the terms\nof the notice.\n7.4 Persons in contact with an infectious disease sufferer\nIf a person in any house is, or is suspected of, suffering from an infectious disease, any occupant of the\nhouse or any person who enters or leaves the house—\n(a) shall obey such instructions or directions as the local government or the Medical Officer may\nissue;\n(b) may be removed, at the direction of the Local government or the Medical Officer to isolation\nin an appropriate place to prevent or minimise the risk of the infection spreading and if so\nremoved, shall remain in that place until the Medical Officer otherwise directs.\n\n","sortOrder":27},{"sectionNumber":"4572","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 11 October 2016","content":"4572 GOVERNMENT GAZETTE, WA 11 October 2016\n7.5 Declaration of infected house or premises\n(1) To prevent or check the spread of infectious disease, the local government or the Medical Officer\nmay from time to time declare any house or premises to be infected.\n(2) A person shall not enter or leave any house or premises declared to be infected without the written\nconsent of the Medical Officer or an Environmental Health Officer.\n7.6 Destruction of infected animals\n(1) An Environmental Health Officer, upon being satisfied that an animal is or may be infected or is\nliable to be infected or to convey infection may, by notice in writing, direct that the animal be\nexamined by a registered veterinary officer and that all steps be taken to enable the condition to be\ncontrolled or eradicated or the animal destroyed and disposed of—\n(a) in the manner and within the time specified in the notice; and\n(b) by the person in whose possession, or upon whose premises, the animal is located.\n(2) A person who has in his or her possession or upon premises occupied by him or her, an animal\nwhich is the subject of a notice under subclause (1) shall comply with the terms of the notice.\n7.7 Disposal of a body\n(1) An occupier of premises in or on which is located the body of a person who has died of any\ninfectious disease shall, subject to subclause (2), cause the body to be buried or disposed of in such\nmanner, within such time and with such precautions as may be directed by the Medical Officer.\n(2) A body shall not be removed from premises where death occurred except to a morgue.\n7.8 The local government may carry out work and recover costs\n(a) a person is required under this Division or by a notice given under this Division, to carry out\nany work; and\nthat person commits an offence and the local government may carry out the work or arrange for the\nwork to be carried out by another.\n(2) The costs and expenses incurred by the local government in the execution of a power under this\nclause may be recovered in a court of competent jurisdiction from the person referred to in\nsubclause (1)(a).\nDivision 2—Disposal of used condoms and needles\n7.9 Disposal of used condoms\n(1) An occupier of premises on or from which used condoms are produced shall ensure that the\ncondoms are—\n(a) placed in a sealed impervious container and disposed of in a sanitary manner; or\n(b) disposed of in such a manner as may be directed by the local government.\n(2) A person shall not dispose of a used condom in a public place except in accordance with\n7.10 Disposal of used needles\nA person shall not dispose of a used hypodermic syringe or needle in a public place unless it is placed\nin an impenetrable, leak-proof container and deposited in a refuse receptacle.\nPART 8—LODGING HOUSES\nDivision 1—Registration\n8.1 Interpretation\n(1) In this Part, unless the context otherwise requires—\nbed means a single sleeping berth only, and a double bed provided for the use of couples has the\nsame floor space requirements as two single beds;\nbunk means a sleeping berth comprising one of two beds arranged vertically;\ndormitory means a building or room utilised for sleeping purposes at a short term hostel or a\nrecreational campsite;\nFood Standards Code means the Australia New Zealand Food Standards Code as defined in the\nFood Standards Australia New Zealand Act 1991 (Cth);\nkeeper means a person whose name appears on the register of keepers, in respect of a lodging\nhouse, as the keeper of that lodging house;\nlaundry unit means a group of facilities consisting of—\n(a) a washing machine with a capacity of not less than 4 kilograms weight of dry clothing;\n\n11 October 2016 GOVERNMENT GAZETTE, WA 4573\n(b) one wash trough of not less than 36 litres capacity, connected to both hot and cold\nwater;\n(c) either an electric drying cabinet or not less than 30 metres of clothes line; and\n(d) a hot water system that—\n(i) is capable of delivering an adequate supply of water at a temperature of at least\n65 degrees Celsius for each washing machine provided with the communal\nfacilities; and\n(ii) has a delivery rate of not less than 0.076 litres per second to each washing\nmachine;\nlodger means a person who obtains, for hire or reward, board or lodging in a lodging house;\nlodging house includes a recreational campsite, a serviced apartment, a short term hostel and\nany premises used for transient workforce accommodation;\nmanager means a person duly appointed by the keeper in accordance with this Division to reside\nin, and have the care and management of, a lodging house;\nmotel means premises used to accommodate patrons in which specific provision is made for the\naccommodation of patrons with motor vehicles;\nrecreational campsite means a lodging house—\n(a) situated on a campsite principally used for—\n(i) recreational, sporting, religious, ethnic or educational pursuits; or\n(ii) conferences or conventions; and\n(b) where the period of occupancy of any lodger is not more than 14 consecutive days, and\nincludes youth camps, youth education camps, church camps and riding schools but\ndoes not include a camp or caravan within the meaning of the Caravan Parks and\nCamping Grounds Act 1995;\nregister of lodgers means the register kept in accordance with Section 157 of the Act and this\nPart;\nresident means a person other than a lodger, who resides in a lodging house;\nserviced apartment means a lodging house in which each sleeping apartment, or group of\nsleeping apartments in common occupancy, is provided with its own sanitary conveniences\nand may have its own cooking facilities and includes a motel;\nshort term hostel means a lodging house where the period of occupancy of any lodger is not more\nthan 14 consecutive days and includes a youth hostel or a backpacker hostel;\n(2) Where in this Part an act is required to be done or forbidden to be done in relation to any lodging\nhouse, the keeper of the lodging house has, unless the contrary intention appears, the duty of causing\nthe act to be done, or of preventing the act so forbidden from being done, as the case may be.\n8.2 Lodging house not to be kept unless registered\nA person shall not keep or cause or allow to be kept a lodging house unless—\n(a) the lodging house is constructed in accordance with the requirements of this Part;\n(b) the lodging house is registered by the local government under clause 8.4;\n(c) the name of the person keeping or proposing to keep the lodging house is entered in the\nregister of keepers; and\n(d) when required by the local government either—\n(i) the keeper; or\n(ii) a manager who, with the written approval of an Environmental Health Officer, has\nbeen appointed by the keeper to have the care and management of the lodging house,\nresides or intends to reside continuously in the lodging house whenever there is one or more lodgers\nin the lodging house.\n8.3 Application for registration\nAn application for registration of a lodging house shall be—\n(a) in the form approved by the local government from time to time;\n(b) duly completed and signed by the proposed keeper; and\n(c) accompanied by—\n(i) the approved fee as fixed from time to time by the local government under Section 344C\nof the Act; and\n(ii) detailed plans and specifications of the lodging house.\n8.4 Approval of application\nThe local government may approve, with or without conditions, an application for registration of a\nlodging house by issuing to the applicant a certificate of registration in the form approved by the local\ngovernment from time to time.\n8.5 Renewal of registration\nA person who keeps a lodging house which is registered under this Part shall—\n(a) during the month of June in each year apply to the local government for the renewal of the\nregistration of the lodging house in the form approved by the local government from time to\ntime; and\n\n","sortOrder":28},{"sectionNumber":"4574","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 11 October 2016","content":"4574 GOVERNMENT GAZETTE, WA 11 October 2016\n(b) pay the approved fee as fixed from time to time by the local government under Section 344C\nof the Act at the time of making each application for renewal.\n8.6 Notification upon sale or transfer\nIf the owner of a lodging house sells or transfers, or agrees to sell or transfer, the lodging house to\nanother person, he or she shall, within 14 days of the date of sale, transfer or agreement, give to the\nlocal government, in the form approved by the local government from time to time, written notice of\nthe full name, address and occupation of the person to whom the lodging house has been, or is to be,\nsold or transferred.\n8.7 Revocation of registration\n(1) Subject to subclause (3), the local government may, at any time, revoke the registration of a\nlodging house for any reason which, in the opinion of the local government, justifies the revocation.\n(2) Without limiting the generality of subclause (1), the local government may revoke a registration\nupon any one or more of the following grounds—\n(a) that the lodging house has not, to the satisfaction of the local government, been kept free\nfrom vectors of disease or remained in a clean and sanitary condition;\n(b) that the keeper has—\n(i) been convicted of an offence against this local law in respect of the lodging house;\n(ii) not complied with a requirement of this Part; or\n(iii) not complied with a condition of registration;\n(c) that the local government, having regard to a report from the Police, is satisfied that the\nkeeper or manager is not a fit and proper person; and\n(d) that, by reason of alterations or additions or neglect to repair and renovate, the condition of\nthe lodging house is such as to render it, in the opinion of the local government, unfit to\nremain registered.\n(3) Before revoking the registration of a lodging house under this local law, the local government shall\ngive notice to the keeper requiring him or her, within a time specified in the notice, to show cause why\nthe registration should not be revoked.\n(4) Whenever the local government revokes the registration of a lodging house, it shall give the keeper\nnotice of the revocation and the registration shall be revoked as from the date on which the notice is\nserved on the keeper.\nDivision 2—Construction and use requirements\n8.8 General construction requirements\nThe construction of a lodging house shall comply with the Building Code and the Act.\n8.9 Sanitary conveniences\n(1) A keeper shall maintain in good working order and condition and in convenient positions on the\npremises—\n(a) toilets; and\n(b) bathrooms, each fitted with a hand wash basin and either a shower or a bath;\nin accordance with the requirements of the Building Code.\n(2) A bathroom or toilet which is used as a private bathroom or toilet to the exclusion of other lodgers\nor residents shall not be counted for the purposes of subclause (1).\n(3) Each bath, shower and hand wash basin shall be provided with an adequate supply of hot and cold\nwater.\n(4) The walls of each shower and bath shall be of an impervious material to a minimum height of\n1.8 metres above the floor level.\n(5) Each toilet and bathroom shall—\n(a) be so situated, separated and screened as to ensure privacy;\n(b) be apportioned to each sex;\n(c) have a distinct sign displayed in a prominent position denoting the sex for which the toilet or\nbathroom is provided; and\n(d) be provided with adequate electric lighting and ventilation.\n(6) Paragraphs (b) and (c) of subclause (5) do not apply to a serviced apartment.\n8.10 Laundry\n(1) A keeper shall—\n(a) subject to subclause (2)—\n(i) in the case of a recreational campsite, provide on the premises a laundry consisting of\nat least one 45 litre stainless steel trough; and\n(ii) in any other case, provide on the premises a laundry unit for each 15 lodgers;\n(b) at all times maintain each laundry or laundry unit in a proper sanitary condition and in good\nrepair;\n\n11 October 2016 GOVERNMENT GAZETTE, WA 4575\n(c) provide an adequate supply of hot and cold water to each wash trough, sink, or washing\nmachine; and\n(d) ensure that the floor area of each laundry or laundry unit is properly surfaced with an even\nfall to a floor waste.\n(2) An Environmental Health Officer may approve the provision of a reduced number of laundry units\nif suitable equipment of a commercial type is installed.\n8.11 Kitchen\nA keeper of a lodging house shall provide in that lodging house a kitchen—\n(a) which has a minimum floor area of—\n(i) where lodgers prepare their own meals—0.65 square metres per person; or\n(ii) where meals are provided by the keeper or manager—0.35 square metres per person; or\n(iii) where a kitchen and dining room are combined—1 square metre per person, but in any\ncase not less than 16 square metres;\n(b) which has adequate—\n(i) food storage facilities and cupboards to prevent contamination of food, or cooking or\neating utensils, by dirt, dust, flies or other vectors of disease of any kind; and\n(ii) refrigerator space for storage of perishable goods; and\n(c) that complies with the requirements of Standard 3.2.3 of the Food Standards Code.\n8.12 Dining room\nThe keeper of a lodging house shall provide in that lodging house a dining room—\n(a) located in close proximity to, or combined with, the kitchen;\n(b) the floor area of which shall be 0.5 square metres per person or not less than 10 square\nmetres whichever is the greater; and\n(c) which shall be—\n(i) adequately furnished to accommodate, at any one time, half of the number of lodgers;\nand\n(ii) provided with a suitable floor covering.\n8.13 Lounge room\nThe keeper of a lodging house shall provide in that lodging house, a lounge room—\n(a) with a floor area of—\n(i) where the lounge is not combined with the dining room, not less than 0.6 square metres\nper person; or\n(ii) where the lounge room is combined with a dining room, not less than 1.2 square metres\nper person but in either case having a minimum of 13 square metres; and\n(b) which shall be—\n(i) adequately furnished to accommodate, at any one time, half of the number of lodgers;\nand\n(ii) provided with a suitable floor covering.\n8.14 Fire prevention and control\n(1) The keeper of a lodging house must—\n(a) in each passage in the lodging house provide an emergency light—\n(i) in the position and pattern approved by an Environmental Health Officer; and\n(ii) which must be kept separate from the general lighting system and kept illuminated\nduring the hours of darkness;\n(b) provide an approved fire blanket positioned within 2 metres of the cooking area in each\nkitchen;\n(c) ensure that each exit sign and fire-fighting appliance is clearly visible, accessible and\nmaintained in good working order at all times;\n(d) ensure all fire-fighting equipment and fire detection and alarm systems are adequately\nmaintained at all times in such a condition as will enable their proper performance; and\n(e) ensure that a lodger or other person does not smoke in any dormitory, kitchen, dining room,\nor other enclosed public place within a lodging house.\n(2) The keeper of a lodging house must ensure that all buildings comprising the lodging house are\nfitted with fire protection equipment in accordance with the Building Code.\n8.15 Obstruction of passages and stairways\nA keeper shall not cause or allow furniture, fittings or other things to be placed either temporarily or\npermanently in or on—\n(a) a stairway, stair landing, fire-escape, window or common passageway; or\n(b) part of the lodging house in common use or intended or adapted for common use\nin such a manner as to form an obstruction to the free passage of lodgers, residents or persons in or\noccupying the lodging house.\n\n","sortOrder":29},{"sectionNumber":"4576","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 11 October 2016","content":"4576 GOVERNMENT GAZETTE, WA 11 October 2016\n8.16 Fitting of locks\nA person shall not fit, or cause or permit to be fitted, to an exit door a lock or other device which\nprevents the door being opened from within a lodging house.\n8.17 Restriction on use of rooms for sleeping\n(1) Subject to subclause (3) and clause 8.31, a keeper shall not use or permit to be used as a sleeping\napartment, a room in a lodging house—\n(a) which contains food;\n(b) which contains or is fitted with a cooking appliance or kitchen sink;\n(c) which is used as a kitchen, scullery, storeroom, dining room, general sitting room or lounge\nroom, or for the preparation or storage of food;\n(d) which is not reasonably accessible without passing through a sleeping or other room in the\nprivate occupation of another person;\n(e) which, except in the case of a short term hostel or a recreational campsite, contains less than\n5.5 square metres of clear space for each lodger occupying the room;\n(f) which is naturally illuminated by windows having a ratio of less than 0.1 square metres of\nunobstructed glass to every 1.0 square metre of floor area;\n(g) which is ventilated at a ratio of less than 0.5 square metres of unobstructed ventilating area\nto every 10 square metres of floor area;\n(h) in which the lighting or ventilation referred to in paragraphs (f) and (g) is obstructed or is not\nin good and efficient order;\n(i) which is not free from internal dampness;\n(j) of which any part of the floor is below the level of the adjoining ground; or\n(k) the floor of which is not fitted with an approved carpet or vinyl floor covering or other floor\ntreatment approved by an Environmental Health Officer.\n(2) For the purposes of this clause, 2 children under the age of 10 years are counted as 1 lodger.\n(3) Paragraphs (a), (b) and (c) of subclause (1) do not apply to a serviced apartment.\n8.18 Sleeping accommodation—short term hostels and recreational campsites\n(1) A keeper of a short term hostel or recreational campsite shall provide clear floor space of not less\nthan—\n(a) 4 square metres per person in each dormitory utilising beds; and\n(b) 2.5 square metres per person in each dormitory utilising bunks.\n(2) The calculation of floor space in subclause (1) shall exclude the area occupied by any large items of\nfurniture, such as wardrobes, but may include the area occupied by beds.\n(3) The minimum height of any ceiling in a short term hostel or recreational campsite shall be\n2.4 metres in any dormitory utilising beds, and 2.7 metres in any dormitory utilising bunks.\n(4) The minimum floor area requirements in subclause (1) will only apply if there is ventilation,\nseparation distances, fire egress and other safety requirements in accordance with the Building Code.\n(5) The keeper of any short term hostel or recreational campsite shall provide—\n(a) fixed outlet ventilation at a ratio of 0.15 square metres to each 10 square metres of floor area\nof the dormitories, and shall ensure that dormitories are provided with direct ventilation to\nthe open air from a point within 230 millimetres of the ceiling level through a fixed open\nwindow or vents, carried as direct to the open air as is practicable; and\n(b) mechanical ventilation in lieu of fixed ventilation, subject to the approval of the local\ngovernment.\n(6) The keeper of any short term hostel or recreational campsite shall provide—\n(a) beds with a minimum size of—\n(i) in short term hostels—800 millimetres x 1.9 metres; and\n(ii) in recreational campsites—750 millimetres x 1.85 metres; and\n(b) storage space for personal effects, including backpacks, so that cleaning operations are not\nhindered and access spaces are not obstructed.\n(7) The keeper of any short term hostel or recreational campsite shall—\n(a) arrange at all times a distance of 750 millimetres between beds, and a distance of\n900 millimetres between bunks;\n(b) ensure that, where bed or bunk heads are placed against the wall on either side of a\ndormitory, there is a passageway of at least 1.35 metres between each row of beds and a\npassageway of at least 2 metres between each row of bunks, and shall ensure that the\npassageway is kept clear of obstruction at all times; and\n(c) ensure all doors, windows and ventilators are kept free of obstruction.\n(8) The keeper of a short term hostel or recreational campsite shall ensure that—\n(a) materials used in dormitory areas comply with AS 1530.2—1993 and AS/NZS 1530.3:1999 as\nfollows—\n(i) Drapes, curtains, blinds and bedcovers—\na maximum Flammability Index of 6;\n\n11 October 2016 GOVERNMENT GAZETTE, WA 4577\n(ii) Upholstery and bedding—\na maximum Spread of Flame Index of 6; and\na maximum Smoke Developed Index of 5;\n(iii) Floor coverings—\na maximum Spread of Flame Index of 7; and\na maximum Smoke Developed Index of 5;\n(b) Fire retardant coatings used to make a material comply with the indices set out in\nsubclause (8)(a) must be—\n(i) certified by the manufacturer as approved for use with the fabric to achieve the\nrequired indices;\n(ii) certified by the manufacturer to retain its fire retardative effect after a minimum of\n5 commercial dry cleaning or laundering operations carried out in accordance with AS\n2001.5.4—2005, Procedure 7A, using ECE reference detergent; and\n(iii) certified by the applicator as having been carried out in accordance with the\nmanufacturer’s specification;\n(c) emergency lighting is provided in accordance with the Building Code;\n(d) a lodger or other person does not smoke in any dormitory, kitchen, dining room or other\nenclosed public place within a short term hostel or recreational campsite; and\n(e) all mattresses in a short term hostel or recreational campsite are fitted with a mattress\nprotector.\n8.19 Furnishing of rooms\n(1) A keeper shall—\n(a) furnish each sleeping room with a sufficient number of beds and sufficient bedding of good\nquality;\n(b) ensure that each bed—\n(i) has a bed head, mattress and pillow; and\n(ii) is provided with a pillow case, mattress cover, two sheets, a blanket or rug and, from\n","sortOrder":30},{"sectionNumber":"1","sectionType":"section","heading":"May to 30 September, not less than one additional blanket or rug; and","content":"1 May to 30 September, not less than one additional blanket or rug; and\n(c) furnish each bedroom so that there are adequate storage facilities for belongings within the\nroom.\n(2) A keeper shall not cause or allow any tiered beds or bunks to be used in a sleeping apartment\nother than a lodging house used exclusively as a short term hostel or recreational campsite.\n(3) The sheets and blankets required to be provided by subclause (1)(b)(ii), shall be deemed to have\nbeen provided by the keeper, where the keeper offers them for hire to the lodgers. In such\ncircumstances, each lodger must either provide his own clean sheets or hire them from the keeper.\n(4) In a short-term hostel or recreational campsite, the storage facilities required by subclause (1)(c)\nmay be located in a separate secure storage room or locker room.\n8.20 Ventilation\nIf, in the opinion of an Environmental Health Officer, a kitchen, bathroom, toilet, laundry or\nhabitable room is not adequately or properly ventilated, he or she may direct the keeper to provide a\ndifferent or additional method of ventilation.\n8.21 Numbers to be placed on doors\n(1) A keeper shall number each room available to a lodger or provide an alternative means of\nidentification approved by an Environmental Health Officer.\n(2) The number or alternate means of identification is to be legible and easily identified.\nDivision 3—Management and care\n8.22 Keeper or manager to reside in the lodging house\nNo keeper of a lodging house shall be absent from such house, unless\n(a) a manager is left in charge, or\n(b) other care arrangement as approved in writing by the local government, is in place.\n8.23 Register of lodgers\n(1) A keeper shall keep a register of lodgers in the form approved by the local government from time\nto time.\n(2) The register of lodgers shall be—\n(a) kept in the lodging house; and\n(b) open to inspection at any time on demand by any member of the Police Service or by an\nEnvironmental Health Officer.\n8.24 Keeper report\nA keeper shall, whenever required by the local government, report to the local government, in the\nform approved by the local government from time to time, the name of each lodger who lodged in the\nlodging house during the preceding day or night.\n\n","sortOrder":31},{"sectionNumber":"4578","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 11 October 2016","content":"4578 GOVERNMENT GAZETTE, WA 11 October 2016\n8.25 Certificate in respect of sleeping accommodation\n(1) An Environmental Health Officer may issue to a keeper, a certificate, in respect of each room,\nwhich shall be in the form approved by the local government from time to time.\n(2) The certificate issued under subclause (1) shall specify the maximum number of persons permitted\nto occupy each room of a sleeping apartment at any one time.\n(3) When required by an Environmental Health Officer, a keeper shall exhibit the certificate issued\nunder this clause in a conspicuous place in the room to which it refers.\n(4) A person shall not cause or allow a greater number of persons than is specified on a certificate\nissued under this clause to occupy the room to which it refers.\n8.26 Duplicate keys and inspection\nEach keeper and manager of a lodging house shall—\n(a) retain possession of a duplicate key to the door of each room; and\n(b) when required by an Environmental Health Officer, open the door of any room for the\npurposes of inspection by the Environmental Health Officer.\n8.27 Room occupancy\n(1) A keeper shall not—\n(a) cause or allow more than the maximum number of persons permitted by the certificate of\nregistration of the lodging house to be lodged at any one time in the lodging house;\n(b) cause or allow to be placed or kept in any sleeping apartment—\n(i) a larger number of beds; or\n(ii) a larger quantity of bedding,\nthan is required to accommodate and provide for the maximum number of persons permitted to\noccupy the sleeping apartment at any one time; and\n(c) use, or cause, or allow to be used, for sleeping purposes, a room that—\n(i) has not been certified for that purpose; and\n(ii) the local government has forbidden to be used as a sleeping apartment.\n(2) For the purpose of this clause, 2 children under 10 years of age shall be counted as 1 lodger.\n8.28 Maintenance of a room by a lodger or resident\n(1) A keeper may permit, or contract with, a lodger or resident to service, clean or maintain the room\nor rooms occupied by the lodger or resident.\n(2) Where permission is given or a contract entered into under subclause (1), the keeper shall—\n(a) inspect each room the subject of the permission or agreement at least once a week; and\n(b) ensure that each room is being maintained in a clean condition.\n(3) A lodger or resident who contracts with a keeper to service, clean or maintain a room occupied by\nhim or her, shall maintain the room in a clean condition.\n8.29 Cleaning and maintenance requirements\n(1) In this clause—\nbed linen includes sheets, pillow cases and mattress covers.\n(2) A keeper of a lodging house shall—\n(a) maintain in a clean, sound and undamaged condition—\n(i) the floor, walls, ceilings, woodwork and painted surfaces;\n(ii) the floor coverings and window treatments; and\n(iii) the toilet seats;\n(b) maintain in a clean condition and in good working order—\n(i) all fixtures and fittings; and\n(ii) windows, doors and door furniture;\n(c) ensure that the internal walls of each bathroom and toilet are painted so as to maintain a\nsmooth impervious washable surface;\n(d) ensure that all floors are kept clean at all times;\n(e) ensure that—\n(i) all bed linen, towels, and house linen in use are washed at least once a week;\n(ii) within a reasonable time of a bed having been vacated by a lodger or resident, or prior\nto the room being re-let, the bed linen is removed and washed;\n(iii) a person does not occupy a bed which has been used by another person unless the bed\nhas been provided with clean bed linen;\n(iv) all beds, bedsteads, blankets, rugs, covers, bed linen, towels and house linen are kept\nclean, in good repair and free from vectors of disease;\n(v) when any vectors of disease are found in a bed, furniture, room or sleeping apartment,\nimmediate effective action is taken to eradicate the vectors of disease; and\n(vi) a room which is not free from vectors of disease is not used as a sleeping apartment;\n\n11 October 2016 GOVERNMENT GAZETTE, WA 4579\n(f) when so directed by an Environmental Health Officer, ensure that—\n(i) a room, together with its contents, and any other part of the lodging house, is cleaned\nand disinfected; and\n(ii) a bed or other article of furniture is removed from the lodging house and properly\ndisposed of;\n(g) ensure that the yard is kept clean at all times;\n(h) provide all bedrooms, passages, common areas, toilets, bathrooms and laundries with\nadequate lighting; and\n(i) comply with any direction, whether orally or in writing, given by an Environmental Health\nOfficer.\n8.30 Responsibilities of lodgers and residents\nA lodger or resident shall not—\n(a) use any room available to lodgers—\n(i) as a shop, store or factory; or\n(ii) for manufacturing or trading services;\n(b) keep or store in or on the lodging house any goods or materials that are inflammable or\noffensive;\n(c) use a bath or hand wash basin other than for ablutionary purposes;\n(d) use a bathroom facility or fitting for laundry purposes;\n(e) use a sink installed in a kitchen or scullery for any purpose other than the washing and\ncleaning of cooking and eating utensils, other kitchenware and culinary purposes;\n(f) deposit rubbish or waste food other than into a proper rubbish receptacle;\n(g) in a kitchen or other place where food is kept—\n(i) wash or permit the washing of clothing or bedding; or\n(ii) keep or permit to be kept any soiled clothing or bedding;\n(h) subject to clause 8.31—\n(i) keep, store, prepare or cook food in any sleeping apartment; or\n(ii) unless sick or invalid and unable to leave a sleeping apartment for that reason, use a\nsleeping apartment for dining purposes;\n(i) place or keep, in any part of a lodging house, any luggage, clothing, bedding, or furniture that\nis infested with vectors of disease;\n(j) store or keep such a quantity of furniture, material or goods within the lodging house—\n(i) in any kitchen, living or sleeping apartment so as to prevent the cleaning of the floors,\nwalls, fittings or fixtures; or\n(ii) in a sleeping apartment so as to decrease the air space to less than the minimum\nrequired by this Part;\n(k) obstruct or prevent the keeper or manager from inspecting or examining the room or rooms\noccupied by the lodger or resident; or\n(l) fix any fastener or change any lock to a door or room without the written approval of the\nkeeper.\n8.31 Approval for storage of food\n(1) An Environmental Health Officer may—\n(a) approve the storage of food within a refrigerator or sealed container in a sleeping apartment;\nand\n(b) withdraw the approval if a nuisance or vector of disease infestation is found to exist in the\nlodging house.\n(2) The keeper of a serviced apartment may permit the storage and consumption of food within that\napartment if suitable storage and dining facilities are provided.\nPART 9—OFFENSIVE TRADES\n9.1 Interpretation\nIn this Part, unless the context otherwise requires—\noccupier in relation to premises includes the person registered as the occupier of the premises\nspecified in the Certificate of Registration;\noffensive trade means any one or more of the trades, businesses or occupations usually carried\non, in or connected with, the following works or establishments—\n(a) fish processing premises, fish curing premises and shellfish and crustacean processing\nestablishments;\n(b) laundries, dry cleaning premises and dye works; and\n(c) any trade as defined by Section 186 of the Act.\npremises includes houses.\n\n","sortOrder":32},{"sectionNumber":"4580","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 11 October 2016","content":"4580 GOVERNMENT GAZETTE, WA 11 October 2016\n9.2 Consent to establish an offensive trade\nA person seeking the consent of the local government under Section 187 of the Act to establish an\noffensive trade shall make application in the form approved by the local government from time to\ntime and in accordance with the local government’s Planning Scheme.\n9.3 False statement\nA person who makes a false statement in an application under clause 9.2 shall be guilty of an offence.\n9.4 Registration of premises\nAn application for the registration of premises pursuant to Section 191 of the Act shall be—\n(a) in the form approved by the local government from time to time;\n(b) accompanied by the fee prescribed in the Health (Offensive Trades Fees) Regulations 1976 as\namended from time to time; and\n(c) lodged with the Chief Executive Officer of the local government.\n9.5 Certificate of registration\nUpon the registration of premises for the carrying on of an offensive trade, the local government shall\nissue to the applicant a certificate in the form approved by the local government from time to time.\n9.6 Change of occupier\nWhere there is a change of occupier of the premises registered pursuant to this Division, the new\noccupier shall forthwith notify the Chief Executive Officer in writing of such change.\n9.7 Alterations to premises\nWhile any premises remain registered under this Division, a person shall not, without the written\npermission of the local government, make or permit any change or alteration whatever to the\npremises.\nDivision 2—General duties of an occupier\n9.8 Interpretation\noccupier means the occupier, or where there is more than one occupier, each of the occupiers of\nthe premises in or upon which an offensive trade is carried on; and\nthe premises means those premises in or upon which an offensive trade is carried on.\n9.9 Cleanliness\n(a) keep or cause to be kept in a clean and sanitary condition and in a state of good repair the\nfloors, walls and ceilings and all other portions of the premises;\n(b) keep or cause to be kept in a clean and sanitary condition and in a state of good repair all\nfittings, fixtures, appliances, machinery, implements, shelves, counters, tables, benches, bins,\ncabinets, sinks, drain boards, drains, grease traps, tubs, vessels and other things used on or\nin connection with the premises;\n(c) keep the premises free from any unwholesome or offensive odour arising from the premises;\n(d) maintain in a clean and tidy condition all yards, footpaths, passage ways, paved areas, stores\nor outbuildings used in connection with the premises; and\n(e) clean daily and at all times keep and maintain all sanitary conveniences and all sanitary\nfittings and grease traps on the premises in a clean and sanitary condition.\n9.10 Rats and other vectors of disease\n(a) take reasonable steps to ensure that the premises are kept free from rodents, cockroaches,\nflies and other vectors of disease; and\n(b) provide in and on the premises all effective means and methods for the eradication and\nprevention of rodents, cockroaches, flies and other vectors of disease.\n9.11 Sanitary conveniences and hand wash basin\nThe occupier shall provide on the premises in an approved position sufficient sanitary conveniences\nand hand wash basins, each with an adequate supply of hot and cold water for use by employees and\nby all other persons lawfully upon the premises.\n9.12 Painting of walls etc.\nThe occupier shall cause the internal surface of every wall, the underside of every ceiling or roof and\nall fittings as may be directed in and on the premises to be cleaned and painted when instructed by\nan Environmental Health Officer.\n9.13 Effluvia, vapours, gases or dust\nThe occupier shall provide, use and maintain in a state of good repair and working order, appliances\nand preventive measures capable of effectively destroying or of rendering harmless all offensive\neffluvia, vapours, dust or gases arising in any process of his business or from any material, residue or\nother substance which may be kept or stored upon the premises.\n\n11 October 2016 GOVERNMENT GAZETTE, WA 4581\n9.14 Offensive material\n(a) provide on the premises impervious receptacles of sufficient capacity to receive all offensive\nmaterial and trade refuse produced upon the premises in any one day;\n(b) keep air-tight covers on the receptacles, except when it is necessary to place something in or\nremove something from them;\n(c) cause all offensive material and trade refuse to be placed immediately in the receptacles;\n(d) cause the contents of the receptacles to be removed from the premises at least once in every\nworking day or at such other intervals as may be approved or directed by an Environmental\nHealth Officer; and\n(e) cause all receptacles after being emptied to be cleaned immediately with an efficient\ndisinfectant.\n9.15 Storage of materials\nThe occupier shall cause all material on the premises to be stored so as not to be offensive or injurious\nto health whether by smell or otherwise and so as to prevent the creation of a nuisance.\n9.16 Specified offensive trade\n(1) For the purposes of this clause, specified offensive trade means one or more of the offensive\ntrades carried on, in or connected with the following works or premises—\n(a) fish processing premises, fish curing premises, and shellfish and crustacean processing\nestablishments; and\n(b) laundries, dry cleaning premises and dye works.\n(2) Where premises are used for or in relation to a specified offensive trade, the occupier shall—\n(a) cause the floor of the premises to—\n(i) be properly paved and drained with impervious material;\n(ii) have a smooth surface; and\n(iii) have a fall to a bucket trap or spoon drain in such a way that all liquids falling on the\nfloor shall be conducted by the trap or drain to a drain inlet situated inside the building\nwhere the floor is situated;\n(b) cause the angles formed by the walls with any other wall, and by the wall with the floor, to be\ncoved to a radius of not less than 25 millimetres; and\n(c) cause all liquid refuse to be—\n(i) cooled to a temperature not exceeding 26 degrees Celsius and be in accordance with the\nWater Services Act 2012 before being discharged into any drain outlet from any part of\nthe premises; and\n(ii) directed through such screening or purifying treatment as an Environmental Health\nOfficer may from time to time direct.\n9.17 Directions\n(1) An Environmental Health Officer may give to the occupier directions to prevent or diminish the\noffensiveness of a trade or to safeguard the public health.\n(2) The occupier shall comply with any directions given under this clause.\n9.18 Other duties of occupier\nIn addition to the requirements of this Division, the occupier shall comply with all other requirements\nof this Part that apply to the particular offensive trade or trades conducted on the premises.\nDivision 3—Fish premises\n9.19 Interpretation\nfish premises may include a fish processing establishment, fish curing establishment and a\nshellfish and crustacean processing establishment;\n9.20 Duties of an occupier\nThe occupier of a fish premises shall—\n(a) not suffer or permit any decomposing fish to be kept on the premises where his trade is\ncarried on for a longer period than is reasonably necessary to dispose of them;\n(b) cause all decomposing fish, to be immediately deposited in an impervious receptacle\nfurnished with an airtight cover; and\n(c) cause the brine of pickle to be removed as often as is necessary to prevent it from becoming\noffensive.\n9.21 Disposal of waste\nThe occupier of a fish premises shall 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 9.14 and disposed of in accordance with that\nclause; or\n(b) kept in a frozen state in an approved enclosure before its removal from the premises.\n\n","sortOrder":33},{"sectionNumber":"4582","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 11 October 2016","content":"4582 GOVERNMENT GAZETTE, WA 11 October 2016\n9.22 Fish containers\nThe occupier of a fish premises shall take reasonable steps not to allow any container used for the\ntransport of fish to—\n(a) remain on the premises longer than is necessary for it to be emptied; or\n(b) be kept so as to cause a nuisance or to attract flies.\nDivision 4—Laundries, dry cleaning establishments and dye works\n9.23 Interpretation\ndry cleaning establishment—\n(a) means premises where clothes or other articles are cleaned by use of solvents without\nusing water; but\n(b) does not include premises in which perchlorethylene or arklone is used as dry cleaning\nfluid in a fully enclosed machine operating on a full cycle;\ndye works means a place where articles are commercially dyed, but does not include dye works in\nwhich provision is made for the discharge of all liquid waste there from, into a public sewer;\nexempt laundromat means a premises in which—\n(a) laundering is carried out by members of the public using, machines or equipment\nprovided by the owners or occupiers of those establishments;\n(b) laundering is not carried out by those owners or occupiers for or on behalf of other\npersons;\n(c) provision is made for the discharge of all liquid waste there from into a public sewer;\nlaundromat means a public place with coin operated washing machines, spin dryers or dry\ncleaning machines; and\nlaundry means any places where articles are laundered with commercial grade machinery but\ndoes not include an exempt laundromat.\n9.24 Receiving depot\nAn owner or occupier of premises shall not use or permit the premises to be used as a receiving depot\nfor a laundry, dry cleaning establishment or dye works except with the written permission of the local\ngovernment who may at any time by written notice withdraw such permission.\n9.25 Reception room\n(1) The occupier of a laundry or dry cleaning establishment or dye works shall—\n(a) provide a reception room in which all articles brought to the premises for treatment shall be\nreceived and shall not receive or permit to be received any such articles except in that room;\nand\n(b) cause such articles as may be directed by an Environmental Health Officer to be thoroughly\ndisinfected to the satisfaction of the officer.\n(2) A person shall not bring or permit food to be brought into the reception room referred to in this\nclause.\n9.26 Walls and floors\nUnless with the written approval of the local government, the occupier of a laundry, dry cleaning\nestablishment or dye works shall cause—\n(a) the internal surfaces of all walls to be rendered with a cement plaster with a steel float finish\nor other approved material to a height of 2 metres with a smooth impervious surface;\n(b) the floor to be constructed of concrete and finished with a smooth impervious surface; and\n(c) every floor and wall of any building on the premises to be kept at all times in good order and\nrepair, so as to prevent the absorption of any liquid which may be splashed or spilled or may\nfall or be deposited on it.\n9.27 Laundry floor\nUnless with the written approval of the local government, the occupier of a laundry shall provide in\nfront of each washing machine a non-corrosive grate, at least 910 millimetres in width and so\nconstructed as to prevent any person from standing in water on the floor.\n9.28 Escape of dust\nThe occupier of a dry cleaning establishment shall provide effective means to prevent the escape into\nthe open air of all dust or other material from the premises.\n9.29 Precautions against combustion\nThe occupier of a dry cleaning establishment where volatile liquids are used shall take all proper\nprecautions against combustion and shall comply with all directions given by an Environmental\nHealth Officer for that purpose.\n\n11 October 2016 GOVERNMENT GAZETTE, WA 4583\n9.30 Trolleys\nThe occupier of a dry cleaning establishment shall—\n(a) provide trolleys for the use of transporting dirty and clean linen; and\n(b) ensure that each trolley is—\n(i) clearly designated to indicate the use for which it is intended;\n(ii) lined internally with a smooth impervious non-absorbent material that is easily\ncleaned; and\n(iii) thoroughly cleaned and disinfected on a regular basis.\n9.31 Sleeping on premises\nA person shall not use or permit any room in a laundry, dry cleaning establishment or dye works to be\nused for sleeping purposes.\nPART 10—OFFENCES AND PENALTIES\n10.1 Offences and penalties\n(1) A person who contravenes a provision of this local law commits an offence.\n(2) A person who commits an offence under subclause (1) is liable—\n(a) to a penalty which is not more than $2 500 and not less than—\n(i) in the case of a first such offence, $250;\n(ii) in the case of a second such offence, $500; and\n(iii) in the case of a third or subsequent such offence, $1 250; and\n(b) if the offence is a continuing offence a daily penalty which is not more than $250 and not less\nthan $125.\n————\nThis Local Law was made by the Shire of Corrigin at an Ordinary Meeting held on 17 May 2016.\nThe Common Seal of the Shire of Corrigin was affixed by authority of a resolution of the Council in\nthe presence of—\nCr. LYNETTE BAKER, Shire President.\nROB PAULL, Chief Executive Officer.\nConsented to—\nDr TARUN WEERAMANTHRI, Executive Director Public Health.\nDated this Ninteenth day of July 2016.\n———————————","sortOrder":34}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2206},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains within the scope of public health and environmental health regulation authorised by the Health Act 1911 and Local Government Act 1995. While highly detailed (specifying bed dimensions in hostels and buffer distances for intensive agriculture), these provisions relate to preventing disease vectors, controlling nuisances (odour, dust), and ensuring sanitary conditions. The 2016 version is a consolidation and update of the 1998 Local Law, not a significant expansion into unrelated regulatory areas."},"complexity_factors":["Over 60 defined terms across the document, including complex scientific definitions (e.g., 'arthropod vectors of disease', 'Argentine ant') and technical specifications","Extensive cross-referencing to external legislation and standards (Health Act 1911, Building Code of Australia, AS/NZS 1530.3, AS 1668.2, Food Standards Code, Water Services Act 2012)","Numerous technical measurement requirements (e.g., 0.076 litres per second water flow, 14 cubic metres air space per person, 1.8 metre screening height, 750mm between beds)","Multiple conditional exceptions and carve-outs (e.g., short term hostels exempt from Division 2 of Part 3; serviced apartments exempt from certain kitchen/sleeping restrictions)","Detailed buffer distance tables with multiple variables for feedlots (Table 1) and piggeries (Tables 2 and 3) based on scale and proximity to water/towns","Dual obligation structures distinguishing between 'owner' and 'occupier' duties with joint and several liability provisions","Nested sub-clauses with multiple paragraph levels (e.g., clause 8.17 with 11 sub-paragraphs and further sub-sub-paragraphs)"],"plain_english_summary":"This is a comprehensive **health by-law** for the Shire of Corrigin (a rural area in Western Australia) that sets minimum standards to keep the community safe from disease and environmental hazards.\n\n**What it covers:**\n\n*   **Basic living standards**: Every house must have a working toilet, bathroom, and kitchen with specific features (e.g., hot water, proper ventilation). Homes must be kept in good repair—no leaking roofs, broken gutters, or termite damage.\n*   **Overcrowding**: Strict rules on how many people can sleep in a room (at least 14 cubic metres of air space per adult) and bans on sleeping in garages or kitchens.\n*   **Businesses & Farms**: \n    *   **Lodging houses** (hotels, hostels, farm accommodation) must register with the council, meet fire safety standards, and provide specific facilities (laundry, kitchen space, bed sizes).\n    *   **Offensive trades** (fish factories, commercial laundries, dye works) need approval and must control odours, dust, and pests.\n    *   **Feedlots and piggeries** must be set back specific distances from neighbours and water sources to prevent smell and contamination.\n*   **Pest control**: Property owners must take active steps to control flies, mosquitoes, rats, cockroaches, Argentine ants, and European wasps. The council can enter and do the work (then bill the owner) if they don't.\n*   **Waste & water**: Rules for septic tanks, rainwater tanks (must have mosquito-proof lids), disposal of butchers' waste, and prevention of water pollution.\n*   **Disease control**: Powers to inspect and disinfect premises during infectious disease outbreaks, and safe disposal requirements for used needles and condoms.\n\n**Who it affects**: Everyone in the Shire—homeowners, renters, farmers, business owners, and event organisers.\n\n**Why it matters**: It prevents nuisances (bad smells, dust), stops disease spread, protects water supplies, and ensures accommodation is safe and hygienic. Breaking the rules can result in fines up to $2,500."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Section 1.2 expressly repeals the Shire of Corrigin Health Local Law 1998 and replaces it with this instrument. The new law consolidates and updates prescriptive standards across a wider set of topics (e.g. detailed lodging‑house rules, feedlot/piggery buffers, offensive trades, specific pest controls), ties requirements to contemporary external standards and formalises registration/licensing and cost‑recovery enforcement mechanisms, indicating a substantive update to scope and procedural detail compared with the repealed law."},"complexity_factors":["Extensive subject coverage (sanitation, housing, water, waste, pests, infectious disease, lodging houses, offensive trades, animal operations) increasing regulatory intersections","Numerous technical prescriptions referencing external standards (Building Code, multiple AS/AS‑NZS standards, Water Services Act, Health Act, Food Standards Code)","Multiple enforcement tools and procedures (registration/licensing, written notices, directions, power to execute work and recover costs, revocation of registration)","Layered duties placed jointly and severally on owners and occupiers and specific duties on keepers/managers","Discretion granted to Environmental Health Officers, Chief Executive Officer and local government on approvals, exemptions and revocations","Detailed operational metrics that require technical compliance (ventilation rates, water flow rates, buffer distances, temperature and hygiene standards)","Graduated penalties, continuing offences and daily penalties that create ongoing compliance and liability considerations"],"plain_english_summary":"This local law (replacing the 1998 version) sets mandatory public‑health rules across the Shire of Corrigin. It prescribes minimum standards and duties for sanitation, housing, water supply, waste, pest control, lodging houses, offensive trades, feedlots/piggeries and infectious‑disease responses, and links many technical requirements to Australian Standards and other legislation.\n\nIt affects owners, occupiers, lodging‑house keepers and trade operators by creating registration/licensing, inspection and notice powers for the local government and Environmental Health Officers, and allows the Shire to carry out remedial work and recover costs; breaches attract fines."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-corrigin-health-local-law-2016","history":"/api/acts/shire-of-corrigin-health-local-law-2016/history","analysis":"/api/acts/shire-of-corrigin-health-local-law-2016/analysis","conflicts":"/api/acts/shire-of-corrigin-health-local-law-2016/conflicts","importantCases":"/api/acts/shire-of-corrigin-health-local-law-2016/important-cases","documents":"/api/acts/shire-of-corrigin-health-local-law-2016/documents"}}