{"id":"wa-local:lake-grace-shire-of-shire-of-lake-grace-health-local-law-2016","name":"Shire of Lake Grace Health Local Law 2016","slug":"shire-of-lake-grace-health-local-law-2016","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438408,"registerId":"wa-local:lake-grace-shire-of-shire-of-lake-grace-health-local-law-2016-pdf-1775954848762","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"20","sectionType":"section","heading":"December 2016 GOVERNMENT GAZETTE, WA 5769","content":"20 December 2016 GOVERNMENT GAZETTE, WA 5769\nCEMETERIES ACT 1986\nCEMETERIES AMENDMENT LOCAL LAW 2016\nUnder the powers conferred by the Cemeteries Act 1986, the Local Government Act 1995 and under all\nother powers enabling it, the Council of the Shire of Lake Grace resolved on 28 September 2016 to\nmake the following local law.\n1. Citation\nThis local law may be cited as the Shire of Lake Grace Cemeteries Amendment Local Law 2016.\n2. Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n3. Principal local law\nIn this local law the Shire of Lake Grace Local Laws Relating to the Lake Grace, Newdegate, Lake\nKing and Varley Public Cemeteries published in the Government Gazette on 20 October 2000 and as\namended on 15 December 2015.\n4. Clause 1.2 amended\nIn clause 1.2, delete subclause (3).\n5. Clause 6.1 amended\nIn clause 6.1, delete subclause (1) and replace with—\n(1) A person shall not bury a coffin within the cemetery so that the distance from the top of the\ncoffin to the original surface of the ground is less than 750 mm.\nDated 18 October 2016.\nthe presence of—\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5771\nCAT ACT 2011\nANIMALS, ENVIRONMENT AND NUISANCE LOCAL LAW 2016\nCONTENTS\n1.4 Interpretation\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"KEEPING OF ANIMALS","content":"PART 2—KEEPING OF ANIMALS\nAnimalsDivision 1—\n2.2 Cleanliness\n2.3 Animal enclosures\n2.4 Cats\nKeeping of birdsDivision 2—\n2.5 Keeping of poultry and pigeons in a residential zone\n2.6 Conditions for keeping of poultry\n2.7 Roosters, geese, turkeys and peafowl\n2.8 Conditions for keeping of pigeons\n2.9 Restrictions on pigeon nesting and perching\n2.10 Conditions of keeping aviary birds\n2.11 Nuisance caused by birds\nKeeping of farm animalsDivision 3—\n2.12 Keeping of farm animals\n2.13 Conditions for keeping farm animals\n2.14 Keeping a miniature horse\n2.15 Keeping a miniature pig\nLivestockDivision 4—\n2.16 Livestock not to stray\n2.17 Impounding of livestock\n2.18 Property to be fenced\nKeeping of beesDivision 5—\n2.19 Permit required to keep bees\n2.20 Application for a permit\n2.21 Determination of application\n2.22 Conditions of approval\n2.23 Variation or cancellation of permit and conditions\n2.24 Permit holder to notify cessation of registration or keeping of bees\n2.25 Permit not transferable\n2.26 Nuisance\n2.27 Notice to remove bees\n\n","sortOrder":1},{"sectionNumber":"5772","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5772 GOVERNMENT GAZETTE, WA 20 December 2016\n","sortOrder":2},{"sectionNumber":"Part 3","sectionType":"part","heading":"BUILDING, DEVELOPMENT AND LAND CARE","content":"PART 3—BUILDING, DEVELOPMENT AND LAND CARE\nLitter and refuse on building sitesDivision 1—\n3.1 Provision of refuse receptacles\n3.2 Control of refuse\n3.3 Unauthorised storage of materials\nPrevention of dust and liquid wasteDivision 2—\n3.4 Prohibited activities\nSmokeDivision 3—\n3.5 Burning of cleared vegetation prohibited\nUnsightly land and disused materialsDivision 4—\n3.6 Storage of vehicles, vessels and machinery\n3.7 Disposing of disused refrigerators or similar containers\nHazardous materialsDivision 5—\n3.8 Hazardous trees\n","sortOrder":3},{"sectionNumber":"Part 4","sectionType":"part","heading":"NUISANCES AND DANGEROUS THINGS","content":"PART 4—NUISANCES AND DANGEROUS THINGS\nLightDivision 1—\n4.1 Use of exterior lights\n4.2 Emission or reflection of light\n4.3 Notice may require specified action to prevent emission or reflection of light\nSmoke, fumes, odours and other emissionsDivision 2—\n4.4 Burning rubbish, refuse or other material\n4.5 Escape of smoke, fumes, odours and other emissions\nTrucksDivision 3—\n4.6 Livestock vehicles\n4.7 Truck noise from residential land\nSwimming pool backwash managementDivision 4—\n4.8 Containment and disposal of swimming pool and other wastewater\nStormwater managementDivision 5—\n4.9 Containment of stormwater\n4.10 Guttering and downpipes\n4.11 Stormwater disposal system\nAmusement activitiesDivision 6—\n4.12 Nuisance\n4.13 Abatement by authorised person\nAdvertising, bill posting and junk mailDivision 7—\n4.14 Placement of advertisement, bill posting or junk mail\n4.15 Exemptions\nBird nuisanceDivision 8—\n4.16 Restrictions on feeding of birds\n","sortOrder":4},{"sectionNumber":"Part 5","sectionType":"part","heading":"OBJECTIONS AND REVIEW","content":"PART 5—OBJECTIONS AND REVIEW\n5.1 Objections and review\n","sortOrder":5},{"sectionNumber":"Part 6","sectionType":"part","heading":"ENFORCEMENT","content":"PART 6—ENFORCEMENT\nNotice of breachDivision 1—\n6.1 Notice of breach\n6.2 Form of notices\n6.3 When local government may undertake work required by notice\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5773\nOffences and penaltiesDivision 2—\nSubdivision 1—General\n6.4 Offences and penalties\nSubdivision 2—Infringement notices and modified penalties\n6.5 Modified penalties\n6.6 Form of infringement notices\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5775\nCAT ACT 2011\nANIMALS, ENVIRONMENT AND NUISANCE LOCAL LAW 2016\nUnder the powers conferred by the Local Government Act 1995, Health Act 1911, Cat Act 2011 and\nunder all other powers enabling it, the Council of the Shire of Lake Grace resolved on 28 September\n2016 to make the following local law.\nThis local law may be cited as the Shire of Lake Grace Animals, Environment and Nuisance Local\nLaw 2016.\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\nThis local law applies throughout the district.\n1.4 Interpretation\n(1) In this local law, unless the context specifies otherwise—\nAct means the Local Government Act 1995;\naffiliated person means a person who is a member of a poultry or pigeon club incorporated\nunder the Associations Incorporation Act 2015;\namusement means anything usually conducted for amusement at a fair, a carnival or a show,\nwhether conducted at a fair, a carnival or a show or elsewhere;\nAS/NZS 3500 means the standard published by Standards Australia as AS/NZS 3500 called\nPlumbing and Drainage, as amended from time to time;\nauthorised person means a person appointed by the local government, under section 9.10 of the\nAct to perform all or any of the functions conferred on an authorised person under this local\nlaw;\naviary bird means any bird, other than poultry or pigeons, kept, or usually kept in an aviary or\ncage;\nbeekeeper has the meaning given to it in Regulation 3 of the Biosecurity and Agriculture\nManagement Regulations 2013;\nbirds includes poultry;\nbuilder means the holder of a building permit issued in respect of building works on a building\nsite or a person in control of a building site;\nbuilding permit has the meaning given to it by the Building Act 2011;\nbuilding site means any lot for which a building permit is current;\nCode of Practice—Pigeon Keeping means the Code of Practice for Pigeon Keeping and Racing\nin Western Australia as prescribed by the Animal Welfare (General) Regulations 2003 as\namended from time to time;\ncow includes an ox, calf or bull;\ndevelopment has the meaning given to it in the Planning and Development Act 2005;\ndevelopment approval means a development approval under a local planning scheme;\ndevelopment site includes any lot or lots for which there is currently a development or\nsubdivision approval, and any lot or lots upon which construction work, earthworks, clearing\nof scrub, trees or overgrowth or any other site works are taking or have taken place;\ndistrict means the district of the local government;\n\n","sortOrder":6},{"sectionNumber":"5776","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5776 GOVERNMENT GAZETTE, WA 20 December 2016\ndisused means, in relation to any thing whatsoever, that the thing—\n(a) is not in use for the purpose for which it was designed or appears to have been designed\nor intended; or\n(b) has been stored or left stationary on land in the district for more than 1 month;\ndust means any visible granular or particulate material which has or has the potential to become\nairborne and includes organic and non-organic matter and sand, but does not include smoke;\ndwelling has the meaning given to it in the Residential Design Codes of Western Australia as\namended from time to time;\nEHO means an Environmental Health Officer appointed by the local government under the\nHealth Act 1911 and includes any acting or Assistant Environmental Health Officer so\nappointed;\nfarm animal includes a sheep, cow, goat, horse (excluding a miniature horse), deer, alpaca or pig\n(excluding a miniature pig);\nfood premises includes the meaning of “food” as given under section 9 of the Food Act 2008 and\nthe meaning of “food business”, as given under section 10 of the Food Act 2008;\nhorse means a stallion, mare, gelding, shetland pony, pony, colt or foal, and includes an ass,\nmule, donkey and any beast of whatever description used for burden or draught or for\ncarrying persons;\nland includes any building or structure on the land;\nliquid waste means waste from any process or activity that is in liquid form and includes paint,\nfuel, grease, fat, oil, degreaser solvent, detergent, chemical, animal waste, food waste, effluent\nand all discharges of liquid to land, air or water that are not otherwise authorised by a\nwritten law but does not include uncontaminated stormwater;\nlivestock means any horse, cow, sheep, goat, swine, buffalo, deer, camel, llama or alpaca;\nlivestock vehicle means a vehicle that contains livestock or previously has been used for the\ncarriage of livestock;\nlocal government means the Shire of Lake Grace;\nlocal planning scheme has the meaning given to it by the Planning and Development Act 2005;\nlot has the meaning given to it by the Planning and Development Act 2005;\nminiature horse means a horse which meets the standard and height for a miniature horse as\ndescribed by the Miniature Horse Association of Australia Inc;\nminiature pig means a pig that does not exceed 650 millimetres in height as an adult and\nweighs less than 55 kilograms;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land\naffected by the interference;\noccupier means any person who is in control of any land or part of any land or authorised by the\nowner, lessee, licensee or any other person empowered to exercise control in relation to land\nto perform any work in relation to any land and includes a builder or contractor;\npermit means a permit issued under this local law;\npermit holder means a person who holds a valid permit;\npigeon includes homing pigeons and other domesticated breeds of the species Columba livia, but\ndoes not include native pigeons or doves whether or not the keeping of such birds is subject to\nthe approval of the Department of Parks and Wildlife;\npound means any facility, or any replacement facility, established as a pound by the local\ngovernment under section 11(1) of the Dog Act 1976;\npoultry includes fowls, roosters, ducks, peafowls, turkeys, geese, guinea fowls, pheasants and\nother birds commonly kept for the production of eggs or meat for domestic consumption;\nrefuse means any waste material including bricks, lime, cement, concrete, rubble, stones, iron,\ntimber, tiles, bags, plastics, ashes, vegetation, timber, wood or metal shavings, sawdust, and\nwaste food, and includes any broken, used, derelict or discarded matter;\nRegulations means the Local Government (Functions and General) Regulations 1996;\nresidential building has the meaning given to it in the Residential Design Codes of Western\nAustralia as amended from time to time;\nresidential zone includes any area zoned “Residential” and “Urban Development” under a local\nplanning scheme;\nrural zone means any area zoned “Rural” or “Rural Residential” under a local planning scheme;\nsand means granules or particles of rock, earth, clay, loam, silt and any other granular,\nparticulate or like material including dust and gravel;\nstormwater means any naturally occurring water that results from rainfall on or around a site,\nor water flowing onto the site;\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5777\nsubdivision approval means a subdivision approval under the Planning and Development\nAct 2005;\nthoroughfare means any highway or thoroughfare which the public is entitled to use, including\nthe verge and other things including bridges and culverts appurtenant to it;\ntownsite includes the 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 Act;\ntruck means a motor vehicle having a tare weight in excess of 3,000 kilograms;\nunreasonable noise has the meaning given to it by the Environmental Protection Act 1986; and\nvermin includes rats, mice, flies, fleas, mites, lice, cockroaches and any other animal, whether\nvertebrate or invertebrate, which is known to be a vector of disease or likely to cause damage\nto human food, habitation or possessions.\n(2) Any other expression used in this local law and not defined herein shall have the meaning given to\nit in the Act.\n(3) Where, in this local law, a duty, obligation or liability is imposed on an “owner or occupier” the\nduty shall be deemed to be imposed jointly and severally on each owner and occupier.\n(4) Where, under this local law, the local government is authorised to carry out actions, or cause to be\nundertaken works, as a consequence of the failure of any person to comply with the terms of a notice\nor other conduct, the right to enter land is at all times subject to the provisions of Part 3, Division 3,\nsubdivision 3 of the Act.\nPART 2—KEEPING OF ANIMALS\nAnimalsDivision 1—\nanimal includes cats, dogs, rabbits and ferrets or the like;\ncatteries are premises registered for the breeding or caring of cats;\nmember of a cat organisation means a person referred to in the Cat Regulations 2012\nregulation 23(c); and\nvectors of disease means an arthropod or rodent that transmits, by biological or mechanical\nmeans, an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs,\ncrab lice, body lice and head lice.\n2.2 Cleanliness\nAn owner or occupier of premises in or on which a dog, cat or other animal is kept shall—\n(a) keep the premises free from excrement, filth, food waste and all other matter which is or is\nlikely to become offensive or injurious to health, or to attract rats or other vectors of disease;\n(b) when so directed by an EHO, clean and disinfect the premises; and\n(c) keep the premises, so far as possible, free from flies or other vectors of disease, by spraying\nwith a residual insecticide or other effective means.\n2.3 Animal enclosures\n(1) A person shall not keep or cause, or permit to be kept, any animals on premises which are not\neffectively drained or of which the drainage flows to the walls or foundations of any building.\n(2) The owner or occupier of premises where animals are kept shall, when directed by an EHO, pave,\ngrade and drain the floors of all structures and the surface of the ground of all enclosures used for the\nkeeping of animals.\n2.4 Cats\n(1) Subject to subclauses (6) and (7), a person shall not, without an exemption in writing from the\nlocal government, keep more than 3 cats over the age of 6 months on premises on any land within the\ndistrict.\n(2) An owner or occupier of premises may apply in writing to the local government for exemption from\nthe requirements of subclause (1).\n(3) The local government shall not grant an exemption under subclause (2) unless it is satisfied that\nthe number of cats to be kept will not be a nuisance or injurious or dangerous to health.\n(4) An exemption granted under this clause shall specify—\n(a) the owner or occupier to whom the exemption applies;\n(b) the premises to which the exemption applies; and\n(c) the maximum number of cats which may be kept on the premises.\n(5) A person who is granted an exemption under subclause (2) may be required by the local\ngovernment to house or keep cats in such manner as directed by an EHO.\n(6) Subject to regulation 7 of the Cat (Uniform Local Provisions) Regulations 2013 a person may keep\nmore than 3 cats, over the age of 6 months, on premises used for veterinary purposes or as a pet shop,\nor if the person is a member of a cat organisation.\n\n","sortOrder":7},{"sectionNumber":"5778","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5778 GOVERNMENT GAZETTE, WA 20 December 2016\n(7) The occupier of any premises shall not keep a cattery on those premises, unless the cattery is\nregistered with the local government and the occupier has complied with the following conditions—\n(a) the occupier shall obtain approval from the local government to establish a cattery;\n(b) upon receiving approval to establish a cattery, the occupier shall apply for registration of the\ncattery in the form approved by the local government from time to time;\n(c) the occupier shall have paid, to the local government, the annual registration fee as\ndetermined from time to time by the local government under sections 6.16 to 6.19 of the Act;\n(d) the occupier shall provide, for every cat, a properly constructed shelter with an enclosure,\nwhich shall comply with the following conditions—\n(i) every shelter shall have a floor area of not less than 0.50 square metres for every cat\nover the age of 3 months old that may be kept therein; and\n(ii) the area of the enclosure appurtenant to any shelter or group of shelters forming a\ncattery shall not be less than 3 times the area of the shelter or group of shelters to\nwhich it is appurtenant;\n(e) every shelter or enclosure shall be at least 10 metres from the boundary of any land not in the\nsame ownership or possession, or at least 10 metres from any dwelling, church, schoolroom,\nhall, factory, dairy or premises wherein food is manufactured, packed or prepared for human\nconsumption; and\n(f) all enclosures, yards, runs and shelters within which cats are kept shall be maintained at all\ntimes in a clean condition and free from vectors of disease and shall at any time be cleaned,\ndisinfected or otherwise dealt with as an EHO may direct.\n(8) A certificate of registration of a cattery issued by the local government shall—\n(a) be in the form approved by local government from time to time; and\n(b) expire on 30 June next after the date of its issue.\nKeeping of birdsDivision 2—\n2.5 Keeping of poultry and pigeons in a residential zone\nAn owner or occupier of premises in a residential zone shall not keep or permit to be kept on the\npremises—\n(a) more than 12 poultry unless with the approval of the local government in which case the\nmaximum number of poultry shall be 20; or\n(b) more than 12 pigeons unless the owner or occupier is an affiliated person in which case the\nmaximum number of pigeons may be increased to 100.\n2.6 Conditions for keeping of poultry\n(1) A person who keeps poultry or permits poultry to be kept shall ensure that—\n(a) no poultry shall be kept less than 9 metres from any residential building;\n(b) no poultry is able to approach within 15 metres of a public thoroughfare, public building,\ncommercial premises or food premises;\n(c) all poultry is kept in a properly constructed and securely fastened structure;\n(d) the structure has an impervious floor laid with a fall to the front of at least 1 in 50;\n(e) all structures or enclosures within which poultry are kept are maintained at all times in a\nclean condition; and\n(f) all poultry is kept continually confined.\n(2) An owner or occupier of a premises who keeps poultry or permits poultry to be kept may apply in\nwriting to the local government to vary the requirements of subclause 1 (d) and (f).\n2.7 Roosters, geese, turkeys and peafowl\nExcept on land with an area of 1 hectare or more or with the prior written permission of the local\ngovernment, an owner or occupier of premises shall not keep any of the following—\n(a) roosters;\n(b) geese;\n(c) turkeys; or\n(d) peafowls.\n2.8 Conditions for keeping of pigeons\n(1) An owner or occupier of a premises who keeps pigeons, or permits pigeons to be kept, shall ensure\nthat—\n(a) all pigeons are kept in a properly constructed pigeon loft, except where registered homing\npigeons are freed for exercise;\n(b) all structures or enclosures within which pigeons are kept are maintained at all times in a\nclean condition;\n(c) no opening to a pigeon loft, including openings for ventilation, is within 9 metres of any\nresidential building; and\n(d) no opening to a pigeon loft, including openings for ventilation, is within 15 metres of a public\nstreet, public building, commercial premises or food premises.\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5779\n(2) An affiliated person who keeps pigeons, or permits pigeons to be kept, shall do so in accordance\nwith the Code of Practice—Pigeon Keeping, subject to the provisions of this local law.\n2.9 Restrictions on pigeon nesting and perching\nThe local government may order an owner or occupier of a house on or in which pigeons are, or are in\nthe habit of nesting or perching, to take adequate steps to prevent them from continuing to do so.\n2.10 Conditions of keeping aviary birds\nA person who keeps, or permits to be kept, aviary birds shall ensure that the aviary or cage is kept in\nclean condition and good repair at all times.\n2.11 Nuisance caused by birds\nAn owner or occupier of land shall not keep any bird or birds which—\n(a) are or create a nuisance; or\n(b) emit an unreasonable noise.\nKeeping of farm animalsDivision 3—\n2.12 Keeping of farm animals\nSubject to clause 2.13, an owner or occupier of land shall not keep, or allow to be kept, unless with the\napproval of the local government, any farm animal unless in a rural zone.\n2.13 Conditions for keeping farm animals\n(1) An owner or occupier of premises upon which a farm animal or farm animals are kept, shall\nmaintain the place or places where the animals are kept in clean condition and good repair at all\ntimes.\n(2) An owner or occupier of premises in a rural zone shall not keep more than 1 pig, except with the\nexpress written approval of the local government.\n2.14 Keeping a miniature horse\n(1) An owner or occupier of a premises may keep only a sterilised miniature horse on land of not less\nthan 1 000 square metres in area provided it is registered with the local government and the annual\nregistration fee approved from time to time by the local government in accordance with sections 6.16\nto 6.19 of the Act is paid.\n(2) An owner of occupier of premises shall—\n(a) not keep more than 1 miniature horse on land zoned residential or special rural without the\nwritten approval of the local government or an authorised person; and\n(b) not permit a miniature horse to come within 9 metres of any house.\n(3) The local government or an authorised person may prohibit the keeping of a miniature horse on\nany land or may state the conditions under which a miniature horse may be kept.\n2.15 Keeping a miniature pig\n(1) The keeping of pigs in the district, other than the keeping of a miniature pig, is forbidden except\non premises, in a rural zone or registered by the local government as an abattoir.\n(2) The local government or an authorised person may prohibit the keeping of a miniature pig on any\nland, or state the conditions under which the miniature pig may be kept.\n(3) A person may keep 1 miniature pig in any residential or rural or special rural zone provided it is\nregistered with the local government and the annual registration fee approved from time to time by\nthe local government in accordance with sections 6.16 to 6.19 of the Act is paid.\n(4) An owner or occupier of premises where a miniature pig is kept shall—\n(a) not permit a miniature pig to come within 9 metres of any house;\n(b) ensure the animal is sterilised and retain written proof of its sterilisation;\n(c) confine the animal on the property at all times;\n(d) ensure the animal does not cause a nuisance to any neighbour regarding noise, dust, or odour;\nand\n(e) maintain documentary evidence that the animal’s veterinary treatment against roundworm\nand tapeworm is current.\nLivestockDivision 4—\n2.16 Livestock not to stray\nThe owner or person in charge of livestock shall not permit that livestock to stray or to be at large in a\nthoroughfare, public place or upon private property without the consent of the property owner.\n2.17 Impounding of livestock\n(1) An authorised person or a member of the Police Service may impound livestock found straying in\ncontravention of clause 2.16.\n(2) Livestock being impounded shall be placed in the pound or secured on private property with the\nconsent of the owner.\n\n","sortOrder":8},{"sectionNumber":"5780","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5780 GOVERNMENT GAZETTE, WA 20 December 2016\n2.18 Property to be fenced\n(1) The owner or occupier of property on which livestock is kept, shall cause the property or a portion\nof the property to be fenced in a manner capable of confining the livestock, to that portion where the\nlivestock is kept.\n(2) The minimum fencing requirements to confine livestock in a rural or special rural area shall be a\nfence of post and wire construction.\nKeeping of beesDivision 5—\n2.19 Permit required to keep bees\n(1) Subject to the provisions of this clause, a person shall not keep bees or allow bees to be kept on\nland except in accordance with a valid permit issued in relation to the land.\n(2) Subclause (1) does not apply where—\n(a) the land is outside the townsite; and\n(b) the bees are kept—\n(i) at least 500 metres from a thoroughfare; or\n(ii) less than 500 metres from a thoroughfare but the vegetation or a screen or other\nbarrier on the land is such as to encourage the bees to fly at a height over the\nthoroughfare as will not create a nuisance to users of the thoroughfare.\n(3) Subclause (1) does not apply where an occupier of land keeps bees on the land—\n(a) for a continuous period not exceeding 8 weeks; and\n(b) for the purpose of pollinating a crop on the land.\n(4) An occupier referred to in subclause (3), in keeping bees under that subclause, shall provide a good\nand sufficient water supply on the land which is readily accessible by the bees.\n(5) Subclause (1) does not apply where a person keeps bees on Crown land.\n2.20 Application for a permit\nAn applicant for a permit shall—\n(a) be a person registered as a beekeeper under regulation 13(7) of the Biosecurity and\nAgriculture Management (Identification and Movement of Stock and Apiaries)\nRegulations 2013;\n(b) provide such details as may be required by the local government;\n(c) apply in the form approved by the local government from time to time; and\n(d) pay any application fee imposed and determined by the local government under sections 6.16\nto 6.19 of the Act.\n2.21 Determination of application\n(1) The local government may—\n(a) refuse to determine an application for a permit which does not comply with clause 2.20;\n(b) approve an application for a permit subject to the conditions referred to in clause 2.22(1) and\nto such other conditions as it considers appropriate; or\n(c) refuse to approve an application for a permit.\n(2) Where an application for a permit is approved subject to conditions, the permit holder is to comply\nwith those conditions or is to cause those conditions to be complied with.\n(3) Where the local government approves an application under subclause (1)(b), it is to issue to the\napplicant a permit in the form approved by the local government from time to time.\n(4) A permit is valid from the date of issue unless, and until, it is cancelled under this local law.\n2.22 Conditions of approval\n(1) Without limiting the generality of clause 2.21(1)(b) an application for a permit may be approved by\nthe local government subject to the following conditions—\n(a) the provision of a good and sufficient water supply on the land which is readily accessible by\nthe bees on the land;\n(b) each bee hive shall be—\n(i) kept at a distance specified by the local government from any thoroughfare, public\nplace or boundary of the land; or\n(ii) located near a screen or other barrier so as to prevent the bees flying low over a\nthoroughfare, public place or adjoining land;\n(iii) no more than 2 bee hives are to be kept on land of less than 2 000 square metres in\narea; and\n(iv) no more than 15 bee hives are to be kept on land between 2 000 square metres and\n20 000 square metres in area.\n(2) In respect of a particular application for a permit, the local government may vary any of the\nconditions referred to in subclause (1).\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5781\n2.23 Variation or cancellation of permit and conditions\n(1) The local government may vary the conditions of a permit after it has been issued.\n(2) The local government may cancel a permit on the request of a permit holder to do so.\n(3) Notwithstanding clause 2.27, a permit shall be cancelled on—\n(a) the permit holder ceasing to be registered as a beekeeper under regulation 13(7) of the\nRegulations 2013; or\n(b) the expiration of a continuous period of 12 months during which the permit holder has not\nkept any bees on the land to which the permit relates, without any action required on the\npart of the local government.\n2.24 Permit holder to notify cessation of registration or keeping of bees\n(1) In this clause a permit holder includes the holder of a permit cancelled by clause 2.23(3).\n(2) A permit holder is to notify the local government in writing as soon as practicable after—\n(a) the permit holder ceases to be registered as a beekeeper under regulation 13(7) of the\nRegulations 2013; or\n(b) a continuous period of 12 months has passed during which the permit holder has not kept any\nbees on the land described in her or his permit.\n(3) A permit holder shall, within 7 days of the local government giving the permit holder a written\nnotice to do so, provide to the local government—\n(a) written proof of her or his registration as a beekeeper under Regulation 13(7) of the\nRegulations 2013;\n(b) in respect of land identified by the local government in its notice, a signed statement as to\nwhether or not he or she has kept bees on the land within the 12 months preceding the date\nof the notice; or\n(c) both.\n2.25 Permit not transferable\nA permit is personal to the permit holder, is not transferable and applies only to the land described in\nthe permit.\n2.26 Nuisance\nA person shall not keep, or allow to be kept, bees or bee hives, or both, on land so as to create a\nnuisance.\n2.27 Notice to remove bees\n(1) Whenever, in the opinion of the local government, a person has contravened any provision of the\nRegulations 2013 or of this local law which relates to the keeping of bees or bee hives, the local\ngovernment may give the permit holder, in relation to that land, or if there is no valid permit in\nrelation to that land, an owner or occupier of the land, a written notice requiring her or him to remove\nany bees or bee hives, or both, from the land within the time specified in the notice.\n(2) Subject to Division 1 of Part 9 of the Act, on the giving of a notice referred to in subclause (1), any\nvalid permit given by the local government relating to the keeping of bees or bee hives on that land is\ncancelled from the time specified in the notice, being not less than 7 days from the date it is given.\n(3) Where a person fails to comply with a notice given under subclause (1), the local government may\ndispose of the bees or the bee hives or both, in such manner as it sees fit and recover the costs of so\ndoing from the permit holder, or an owner or occupier, as the case may be, as a debt due to it.\nPART 3—BUILDING, DEVELOPMENT AND LAND CARE\nLitter and refuse on building sitesDivision 1—\n3.1 Provision of refuse receptacles\nThe owner or occupier of a building or development site shall at all times provide and maintain a\nrefuse receptacle, available for use on the site, which includes a suitable cover, to the satisfaction of\nan authorised person, of such design as will—\n(a) contain any refuse likely to be produced on the site; and\n(b) prevent refuse being blown from the receptacle by wind.\n3.2 Control of refuse\n(1) From the time of commencement of works on a building site or development site until the time of\ncompletion of such work, the owner or occupier of the site shall take all reasonable steps to—\n(a) ensure all refuse on the site is placed and contained in the refuse receptacle and prevented\nfrom being blown from the site by wind;\n(b) keep the site as free as is reasonably practicable from any refuse;\n\n","sortOrder":9},{"sectionNumber":"5782","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5782 GOVERNMENT GAZETTE, WA 20 December 2016\n(c) keep the thoroughfare verge, and any other reserve, immediately adjacent to the site, free of\nrefuse generated or originating from the building or development site; and\n(d) ensure the refuse receptacle is emptied when full.\n(2) The owner or occupier of a building site or development site shall ensure that within 2 days of\ncompletion of works on the site—\n(a) the site and the thoroughfare verge immediately adjacent to it, is cleared of all refuse\ngenerated or originating from the building or development site; and\n(b) that all refuse receptacles are removed from the site.\n3.3 Unauthorised storage of materials\n(1) All construction materials must be located on the building site or development site under\nconstruction, unless written approval has been given by the local government to store materials on\nanother property (including a road reserve).\n(2) Written approval must be obtained from the local government prior to any proposal to store\nconstruction material on any thoroughfare verge.\nPrevention of dust and liquid wasteDivision 2—\n3.4 Prohibited activities\n(1) An owner and/or occupier of land or premises shall take all reasonable steps to—\n(a) stabilise dust on the land;\n(b) contain all liquid waste on the land; and\n(c) ensure no dust or liquid waste is released or escapes from the land, whether by means of\nwind, water or any other cause.\n(2) Where the local government forms the opinion that an owner or occupier has not complied with\nsubclause (1), the local government may serve on the owner and/or occupier of the land a notice\nrequiring the owner and/or occupier to do one or more of the following—\n(a) comply with subclause (1)(a) or (1)(b);\n(b) clean up and properly dispose of any released or escaped dust or liquid waste;\n(c) clean up and make good any damage resulting from the released or escaped dust or liquid\nwaste; or\n(d) take effective measures to stop any further release or escape of dust or liquid waste.\n(3) Where a notice is issued under subclause (2), the requirements set out in the notice must be\ncomplied with in the period as is specified in the notice.\n(4) Where the local government is of the opinion that dust or liquid waste may be released or escape\nas a result of an activity which is likely to be carried on from any land, the local government may give\nto the owner and/or occupier a notice providing that the activity may only be carried on subject to\nconditions specified in the notice.\nSmokeDivision 3—\n3.5 Burning of cleared vegetation prohibited\nAn owner or occupier of any building or development site shall ensure that no vegetation or other\nmaterial cleared from the site is burnt on the site unless authorisation in writing is given by the local\ngovernment.\nUnsightly land and disused materialsDivision 4—\n3.6 Storage of vehicles, vessels and machinery\nThe owner or occupier of a lot shall not—\n(a) store, or allow to remain in public view on any lot, more than 1 vehicle, vessel or machinery\n(whether licensed or not) in a state of disrepair;\n(b) store, or allow to remain in public view on any lot, any vehicle, vessel or machinery in a state\nof disrepair for a period in excess of 1 month;\n(c) store, or allow to remain in public view on any lot, any vehicle parts, vessel parts or\nmachinery parts (including tyres);\n(d) wreck, dismantle or break up any vehicle, part or body of a vehicle, vessel or machinery\nexcept where performed—\n(i) inside a building; or\n(ii) within an area enclosed by a fence or wall of not less than 1.8 metres in height and of\nsuch a nature as to screen all vehicles, parts or bodies of vehicles, vessels or machinery\nfrom the thoroughfare and from adjoining properties; or\n(e) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance.\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5783\n3.7 Disposing of disused refrigerators or similar containers\nA person shall not place, leave or dispose of a disused refrigerator, ice chest, ice box, trunk, chest or\nother similar article having a compartment which has a capacity of 0.04 cubic metres or more on any\nland without first—\n(a) removing every door and lid and every lock, catch and hinge attached to a door or lid or\notherwise rendering every door and lid incapable of being fastened; and\n(b) removing any refrigerants as per requirements of the Environmental Protection (Ozone\nProtection) Policy 2000.\nHazardous materialsDivision 5—\n3.8 Hazardous trees\n(1) Where a tree on a lot endangers any person or thing on adjoining land, the local government may\ngive a notice to the owner or the occupier of the lot to remove, cut, move or otherwise deal with that\ntree so as to make the tree safe.\n(2) Where a tree on a lot presents a serious and immediate danger to any person or thing, the local\ngovernment may take any remedial action it considers appropriate in order to make the tree safe\nwithout having given the owner or occupier notice pursuant to subclause (1).\n(3) The local government reserves its right to recover any costs incurred by the local government for\nremedial action taken in terms of subclause (2).\nPART 4—NUISANCES AND DANGEROUS THINGS\nLightDivision 1—\n4.1 Use of exterior lights\nAn owner or occupier of land on which floodlights or other exterior lights are erected or used, shall not\nallow the floodlights or other exterior lights to shine directly onto any other premises.\n4.2 Emission or reflection of light\nAn owner or occupier of land shall ensure that—\n(a) artificial light is not emitted or reflected from anything on the land so as to illuminate\npremises outside that land to more than 50 lux; and\n(b) natural light is not reflected from anything on the land so as to create or cause a nuisance to\nthe occupier of any other premises or to a person lawfully using a thoroughfare.\n4.3 Notice may require specified action to prevent emission or reflection of light\n(a) floodlights or other exterior lights shine directly onto any other premises;\n(b) artificial light is emitted or reflected from anything on the land so as to illuminate premises\noutside the land to more than 50 lux; or\n(c) natural light is reflected from anything on the land so as to create or cause a nuisance to the\noccupier of any other premises or to a person lawfully using a thoroughfare,\nthe local government may by notice in writing direct the owner or occupier to take such actions as an\nauthorised person considers necessary within the time specified in the notice.\n(2) The notice referred to in subclause (1) may direct that—\n(a) floodlights or other exterior lights are used only during the hours specified in the notice;\n(b) the direction in which the lights shine be altered as specified in the notice;\n(c) any reflective surfaces be painted or otherwise treated so as to abate the nuisance; or\n(d) any combination of these measures that the local government believes to be appropriate to\nthe circumstances be undertaken.\nSmoke, fumes, odours and other emissionsDivision 2—\n4.4 Burning rubbish, refuse or other material\n(1) A person shall not on any land of an area 2000 square metres or less, set fire to rubbish, refuse or\nother materials on rural residential zoned property unless—\n(a) written approval has first been obtained from the local government;\n(b) the person demonstrates to the satisfaction of the local government that reasonable\nalternatives for the disposal of the rubbish, refuse or other material do not exist and the\npotential for pollution is low;\n(c) the material does not include any plastic, rubber, food scraps or other material likely to cause\nthe generation of smoke or odour in such quantity as to cause a nuisance to other persons;\n(d) a haze alert has not been issued by the Bureau of Meteorology for the period during which\nburning is to take place; and\n(e) the burning complies with the Bush Fires Act 1954, any annual fire hazard reduction notice\nissued by the local government under that Act and any conditions of approval as determined\nby the local government.\n\n","sortOrder":10},{"sectionNumber":"5784","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5784 GOVERNMENT GAZETTE, WA 20 December 2016\n(2) Subclause (1) shall not apply to any barbecue, solid fuel water heater, space heater or ovens fired\nwith dry paper, dry wood, synthetic char or charcoal type fuel.\n(3) Subclause (1) is subject to any fire danger rating as determined by the Bureau of Meteorology.\n4.5 Escape of smoke, fumes, odours and other emissions\nAn owner or occupier of land or premises shall take all reasonable steps to not cause or permit the\nescape of smoke, fumes or odours from the land or premises in such quantity or of such a nature as to\ncause or to be a nuisance to any person.\nTrucksDivision 3—\n4.6 Livestock vehicles\n(1) A person shall not park a vehicle containing livestock in a townsite for a period in excess of\n30 minutes.\n(2) A person shall not park a vehicle which contains or has been used for the carriage of livestock so\nas to create or be a nuisance to any person, by reason of the odour emanating from the vehicle.\n(3) If a person parks a vehicle containing livestock in a townsite in accordance with subclause (1),\nthen the person does not contravene subclause (2).\n4.7 Truck noise from residential land\nA person shall not start or drive a truck on land zoned, approved or used for residential purposes\nbetween the hours of 10.30pm and 6.30am on the following day without first obtaining the written\nconsent of the local government.\nSwimming pool backwash managementDivision 4—\n4.8 Containment and disposal of swimming pool and other wastewater\n(1) The owner or occupier of land on which a swimming pool is constructed shall ensure that all\nbackwash is not permitted to discharge onto or run-off onto adjacent land so as to cause a nuisance, or\ncause damage to any structures situated on adjacent land.\n(2) Subclause (1) shall not prevent the discharge of swimming pool backwash from a lot into a local\ngovernment approved stormwater drain or road by a method approved by an authorised person.\nStormwater managementDivision 5—\n4.9 Containment of stormwater\n(1) Subject to subclause (2), the owner or occupier of a lot shall ensure that all stormwater received by\nany building, house, other structure or any paved or sealed or other surfaced areas including any\nvehicle access ways on the lot is contained within the lot and is not permitted to discharge onto or\nrun-off onto adjacent land so as to cause a nuisance, or cause damage to any structures situated on\nadjacent land.\n(2) Subclause (1) shall not prevent the discharge of stormwater from a lot into a local government\napproved stormwater drain or road.\n4.10 Guttering and Downpipes\n(1) The owner or occupier of a lot shall ensure that each building or house on the lot is provided with\nadequate guttering and downpipes sufficient to receive, without overflow, all stormwater from the\nroof of the building or house, in accordance with AS/NZS 3500.\n(2) The owner or occupier of a lot shall ensure that all guttering and downpipes to each building or\nhouse on the lot are maintained in a good state of repair and free from obstruction.\n4.11 Stormwater disposal systems\n(1) The owner or occupier of a lot shall ensure that all stormwater from the roof of each building or\nhouse on the lot, or the overflow from rainwater storage tanks, is discharged into a stormwater\ndrainage system, or discharged by other methods approved by the local government, in accordance\nwith AS/NZS 3500.\n(2) The owner or occupier of a lot shall ensure that all stormwater from paved areas or other surfaced\nareas including any vehicle access ways of the lot is discharged into a stormwater drainage system of\nadequate capacity in accordance with AS/NZS 3500.\nAmusement activitiesDivision 6—\n4.12 Nuisance\nA person shall not, without written authorisation from the local government, provide or conduct any\namusement on land so as to create or be a nuisance to any owner or occupier of land in the district.\n4.13 Abatement by authorised person\nSubject to subdivision 3 of Division 3 of Part 3 of the Act, an authorised person may enter on any land\nwhere an amusement is provided or conducted and may do any act or thing reasonably required to\nabate a nuisance referred to in clause 4.12.\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5785\nAdvertising, bill posting and junk mailDivision 7—\n4.14 Placement of advertisement, bill posting or junk mail\n(1) A person shall not, without written authorisation from the local government, place or affix any\nletter, figure, device, poster, sign or advertisement on any buildings, fences or posts.\n(2) A person shall not place in or on any letter box, gate, fence or generally leave or distribute to any\nproperty in the district, any handbill, poster, pamphlet, flyer or other form of advertising or\npromotional material, where there is clearly displayed a sign or notice which states “no junk mail” or\nwords of similar effect.\n4.15 Exemptions\nClause 4.14 does not apply to—\n(a) delivery of articles by Australia Post;\n(b) documents issued under or for the purposes of an Act of Parliament;\n(c) an authorised person or member of the Police Service acting in the course of their duties;\n(d) electoral materials; or\n(e) legal process.\nBird nuisanceDivision 8—\n4.16 Restrictions on feeding of birds\n(1) A person shall not feed a bird—\n(a) so as to cause a nuisance, or\n(b) with a food or substance that is not a natural food of a bird.\n(2) Where an authorised person forms the opinion that a person has not complied with subclause (1)\nthe authorised person may serve the person a notice requiring the person to clean up and properly\ndispose of any feed or waste products specified in the notice.\nPART 5—OBJECTIONS AND REVIEW\n5.1 Objections and review\nWhen the local government makes a decision under this local law as to whether it will—\n(a) grant a person a permit or authorisation;\n(b) vary or cancel a permit or authorisation; or\n(c) give a person a notice,\nthe provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations shall apply to\nthat decision.\nPART 6—ENFORCEMENT\nNotice of breachDivision 1—\n6.1 Notice of breach\n(1) Where a breach of any provision of this local law has occurred, the local government may give a\nnotice in writing to the person alleged to be responsible for such a breach.\n(2) A notice issued pursuant to subclause (1) shall—\n(a) specify the provision of this local law which has been breached;\n(b) specify the particulars of the breach; and\n(c) state the manner in which the recipient is required to remedy the breach to the satisfaction of\nthe local government within a time period stipulated in the notice which shall be not less\nthan 14 days from the giving of the notice.\n(3) It is an offence to fail to comply with a notice issued by the local government pursuant to\n6.2 Form of notices\nWhere this local law refers to the giving of a notice other than the giving of an infringement notice\nand no particular form is prescribed, it will be sufficient that the notice be in writing giving adequate\ndetails to enable the owner, occupier or other person to whom the notice is issued to know the offence\ncommitted and the measures required to be taken or conditions with which compliance is required, as\nthe case may be.\n6.3 When local government may undertake work required by notice\n(1) This clause applies only in respect of a notice issued under clauses 3.8(1) and 4.3(1) of this local\nlaw.\n(2) Where a person fails to comply with a notice referred to in subclause (1) the local government may,\nsubject to compliance with the requirements of subdivision 3 of Division 3 of Part 3 of the Act, do\nanything that it considers necessary to achieve, so far as is practicable, the purpose for which the\nnotice was given.\n\n","sortOrder":11},{"sectionNumber":"5786","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5786 GOVERNMENT GAZETTE, WA 20 December 2016\n(3) The local government may recover the cost of anything it does under subclause (2) as a debt due\nfrom the person who failed to comply with the notice.\nOffences and penaltiesDivision 2—\n","sortOrder":12},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"General","content":"Subdivision 1—General\n6.4 Offences and penalties\n(1) A person who—\n(a) fails to do anything required or directed to be done under this local law;\n(b) fails to comply with the requirements of a notice issued under this local law by an authorised\nperson; or\n(c) does anything which under this local law that person is prohibited from doing,\ncommits an offence.\n(2) Where, under this local law, an act is required to be done or forbidden to be done in relation to any\nland or premises, the owner or occupier of the land or premises has the duty of causing to be done the\nact so required to be done, or of preventing from being done the act forbidden to be done.\n(3) A person who commits an offence under this local law is liable to a maximum penalty of $5,000\nand a maximum daily penalty of $500 in respect of each day or part of a day during which the offence\nhas continued.\n","sortOrder":13},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Infringement notices and modified penalties","content":"Subdivision 2—Infringement notices and modified penalties\n6.5 Modified penalties\n(1) An offence against any provision of this local law is a prescribed offence for the purposes of\nsection 9.16(1) of the Act.\n(2) Unless otherwise specified, the amount of the modified penalty for an offence against any\nprovision of this local law is $150.\n(3) An authorised person should be satisfied that—\n(a) commission of the offence is a relatively minor matter; and\n(b) only straightforward issues of law and fact are involved in determining whether the\nprescribed offence was committed, and the facts in issue are readily ascertainable,\nbefore giving an infringement notice to a person in respect of the commission of an offence.\n6.6 Form of infringement notices\n(1) For the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to\nin section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;\n(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\n","sortOrder":14},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"of the Regulations; and","content":"Schedule 1 of the Regulations; and\n(c) the form of the notice given under section 9.20 of the Act withdrawing an infringement notice\nis that of Form 3 in Schedule 1 of the Regulations.\n————\nThis Local Law was made by the Shire of Lake Grace at an Ordinary Meeting held on the 28th day of\nSeptember, 2016.\nthe presence of —\nConsented to—\nTARUN WEERAMANTHRI, Executive Director, Public Health.\nDated this 9th day of November, 2016.\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5787\nCONTENTS\n1.4 Repeal\n1.5 Interpretation\nPART 2—SANITATION\n","sortOrder":15},{"sectionNumber":"Div 1","sectionType":"division","heading":"Sanitary conveniences","content":"Division 1—Sanitary conveniences\n2.2 Dwelling house\n2.3 Premises other than a dwelling house\n2.4 Outdoor festivals\n2.5 Temporary works\n2.6 Maintenance of sanitary conveniences and fittings\n2.7 Toilets\n2.8 Ventilation of toilet\n2.9 Public sanitary conveniences\n2.10 Lighting\n2.11 Installation\n","sortOrder":16},{"sectionNumber":"Div 2","sectionType":"division","heading":"Bathrooms, laundries and kitchens","content":"Division 2—Bathrooms, laundries and kitchens\n2.12 Bathrooms\n2.13 Laundries\n2.14 Washing or keeping of clothes in kitchens\n2.15 Kitchens\nPART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of dwelling houses\n3.1 Dwelling house maintenance\nDivision 2—Ventilation of dwelling houses\n3.2 Exemption for short term hostels and recreational campsites\n3.3 Overcrowding\n3.4 Calculate sufficient space\n3.5 Ventilation\n3.6 Subfloor ventilation\n","sortOrder":17},{"sectionNumber":"Div 3","sectionType":"division","heading":"Water supply","content":"Division 3—Water supply\n3.7 Water supply\n3.8 Rain water tanks\n3.9 Wells\n3.10 Pollution\n\n","sortOrder":18},{"sectionNumber":"5788","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5788 GOVERNMENT GAZETTE, WA 20 December 2016\n","sortOrder":19},{"sectionNumber":"Div 4","sectionType":"division","heading":"Second-hand furniture, bedding and clothing","content":"Division 4—Second-hand furniture, bedding and clothing\n3.11 Prohibition on sale\n3.12 Prohibition of possession\nDivision 5—Morgues\n3.13 Licensing of morgues\nPART 4—WASTE FOOD AND LIQUID 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 pump outs 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\nPART 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 or blood\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\nPART 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 EHO 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 Local government may execute work 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 rodent proof receptacles\n6.12 Restrictions on keeping of rodents\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5789\nDivision 4—Cockroaches\n6.13 Interpretation\n6.14 Measures to be taken to eradicate cockroaches\n","sortOrder":20},{"sectionNumber":"Div 5","sectionType":"division","heading":"Argentine Ants","content":"Division 5—Argentine Ants\n6.15 Interpretation\n6.16 Measures to be taken to keep premises free from Argentine Ants\n","sortOrder":21},{"sectionNumber":"Div 6","sectionType":"division","heading":"European Wasps","content":"Division 6—European Wasps\n6.17 Interpretation\n6.18 Measures to be taken to keep premises free from European Wasp nests\n","sortOrder":22},{"sectionNumber":"Div 7","sectionType":"division","heading":"Arthropod vectors of disease","content":"Division 7—Arthropod vectors of disease\n6.19 Interpretation\n6.20 Responsibility of the owner or occupier\n","sortOrder":23},{"sectionNumber":"Part 7","sectionType":"part","heading":"INFECTIOUS DISEASES","content":"PART 7—INFECTIOUS DISEASES\nDivision 1—General provisions\n7.1 Requirements on owner or occupier to clean, disinfect and disinfest\n7.2 EHO may disinfect or disinfest premises\n7.3 Insanitary houses, premises and things\n7.4 Persons in contact with an infectious disease sufferer\n7.5 Declaration of infected house or premises\n7.6 Destruction of infected animals\n7.7 Disposal of a body\n7.8 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":24},{"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 lodging house manager to reside in the lodging house\n8.23 Register of lodgers\n8.24 Keeper to report\n8.25 Certificate in respect of sleeping accommodation\n8.26 Duplicate keys and inspection\n8.27 Room occupancy\n\n","sortOrder":25},{"sectionNumber":"5790","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5790 GOVERNMENT GAZETTE, WA 20 December 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":26},{"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 basins\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 trades\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":27},{"sectionNumber":"Part 10","sectionType":"part","heading":"OFFENCES AND PENALTIES","content":"PART 10—OFFENCES AND PENALTIES\n10.1 Offences and penalties\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5791\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\nLake Grace resolved on 28 September 2016 to make the following local law.\nThis local law may be cited as the Shire of Lake Grace Health Local Law 2016.\nThis local law comes into operation on the date of its publication in the Government Gazette.\nThis local law applies throughout the district.\n1.4 Repeal\nThe Shire of Lake Grace Health Local Laws 2000 published in the Government Gazette on 30 March\n2001 is repealed.\n1.5 Interpretation\n(1) In this local law, unless the context otherwise requires—\nAct means the Health Act 1911;\nadequate supply of water means a flow of water of not less than 0.076 litres per second;\napproved means approved by the local government;\nAS means an Australian Standard published by the Standards Association of Australia;\nAS or AS/NZS means an Australian Standard or Australian/New Zealand Standard published by\nStandards Association of Australia;\nAS/NZS ISO 717.1:2004 means the standard published by Standards Australia as AS/NZS\nISO 717.1:2004 and called “Acoustics—Rating of sound insulation in buildings and of building\nelements—Airborne sound insulation”, as amended from time to time;\nAS 1530.2—1993 means the standard published by Standards Australia as AS 1530.2—1993 and\ncalled “Methods for fire tests on building materials, components and structures—Part 2: Test\nfor flammability of materials”, as amended from time to time;\nAS/NZS 1530.3:1999 means the standard published by Standards Australia as AS/NZS\n1530.3:1999 and called “Methods for fire tests on building materials, components and\nstructures—Part 3: Simultaneous determination of ignitability, flame propagation, heat\nrelease and smoke release”, as amended from time to time;\nAS 1668.2—2012 means the standard published by Standards Australia as AS 1668.2—2012 and\ncalled “The use of ventilation and air-conditioning in buildings—Part 2: Ventilation design for\nindoor-air contaminant control (excluding requirements for the health aspects of tobacco\nsmoke exposure)”, as amended from time to time;\nAS 2001.5.4—2005 means the standard published by Standards Australia as AS 2001.5.4—2005\nand called “Methods of test for textiles—Method 5.4: Dimensional change—Domestic washing\nand drying procedures for textile testing (ISO 6330:2000, MOD)”, as amended from time to\ntime;\nAS/NZS 3666.2:2011 means the standard published by Standards Australia as AS/NZS\n3666.2:2011 and called “Air-handling and water systems of buildings—Microbial control —\nOperation and maintenance”, as amended from time to time;\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;\n\n","sortOrder":28},{"sectionNumber":"5792","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5792 GOVERNMENT GAZETTE, WA 20 December 2016\nCEO means the Chief Executive Officer of the local government;\ndistrict means the district of the local government;\ndwelling house means a place of residence containing at least one sleeping room and includes a\nroom or outbuilding separate from, but ancillary to, the building in which the sleeping room is\nlocated;\nEHO means an Environmental Health Officer appointed by the local government under the Act\nand includes any acting or Assistant Environmental Health Officer, so appointed;\nEnergy Safety WA means the Energy Safety division of the Department of Commerce;\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 or the like; but\n(b) excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, lobby,\nphotographic dark room, clothes-drying room, and other spaces of a specialised nature\noccupied neither frequently nor for extended periods;\nhot water means water at a temperature of at least 65 degrees Celsius;\nlocal government means the Shire of Lake Grace;\nlocal planning scheme has the meaning given to it by 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 Act;\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;\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 receptacles for\nthe deposit of ashes, faecal matter or refuse and all similar conveniences;\nsewage means any kind of sewage, nightsoil, faecal matter or urine, and any waste composed\nwholly or in part of liquid;\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, and any public bridge, and any road, lane, footway, square, court,\nalley or passage, whether a thoroughfare or not;\ntoilet means a water closet, earth closet, privy or urinal and includes a room or cubicle in which\none or more of these 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;\nvectors of disease means an arthropod or rodent that transmits, by biological or mechanical\nmeans, an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs,\ncrab lice, body lice and head lice;\nwater means drinking water within the meaning of the Australian Drinking Water Guidelines\n2011 as published by the National Health and Medical Research Council and as amended\nfrom time to time; and\nwindow means a glass panel, roof light, glass brick, glass louvre, glazed sash, glazed door or\nother device which transmits natural light directly from outside a building to the room\nconcerned when in the closed position.\n(2) Where in this local law, a duty or liability is imposed on an owner or occupier, the duty or liability\nshall be taken to be imposed jointly and severally on each of the owner or occupier.\n(3) Where under this local law, an act is required to be done or forbidden to be done in relation to any\npremises, the owner or occupier of those premises has, unless the contrary intention appears, the duty\nof causing to be done the act so required to be done, or of preventing from being done the act so\nforbidden to be done, as the case may be.\nPART 2—SANITATION\nDivision 1—Sanitary conveniences\nfestival includes a fair, function or event;\norganiser means a person—\n(a) to whom approval has been granted by the local government to conduct the festival; or\n(b) responsible for the conduct of the festival;\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5793\npublic sanitary convenience means a sanitary convenience to which the public ordinarily has\naccess, whether by payment of a fee or not;\ntemporary sanitary convenience means a sanitary convenience, temporarily placed for use\nby—\n(a) patrons in conjunction with a festival; or\n(b) employees at construction sites or the like; and\nurinal includes—\n(a) an individual stall or wall-hung urinal; or\n(b) each 600mm length of a continuous urinal trough; or\n(c) a closet pan used in place of a urinal.\n2.2 Dwelling house\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless it has\nat least 1 toilet.\n(2) A room in which a toilet is located must 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, the premises unless—\n(a) the premises have toilets in accordance with the Building Code and this Part, including\ndisabled access facilities;\n(b) the toilets required by this clause are situated within a reasonable distance of the premises\nand are easily accessible to the persons for whom they are provided; and\n(c) the premises have hand wash basins that are—\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 hand wash basin used in connection with any process\ncarried out on the premises; and\n(v) situated within a reasonable distance of the sanitary conveniences and easily accessible\nto the person for whom they are provided.\n(2) The occupier of premises other than a dwelling house shall ensure that—\n(a) clean toilet paper is available at all times in each cubicle;\n(b) a sanitary napkin disposal facility is provided in each toilet set aside for the use of females;\nand\n(c) each hand wash basin is provided with—\n(i) an adequate supply of soap or other hand cleaning substances; and\n(ii) hand drying facilities, situated adjacent to, and visible from, the hand wash basin.\n(3) Where more than 1 toilet is provided on premises other than a dwelling house, the entrance to\neach toilet shall bear a suitable sign indicating for which sex its use is intended.\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 Temporary works\nA person who undertakes temporary work at any place shall ensure every temporary sanitary\nconvenience is installed and maintained in accordance with the requirements of the Health\n(Temporary Sanitary Conveniences) Regulations 1997.\n2.6 Maintenance of sanitary conveniences and fittings\n(1) The occupier of any premises shall—\n(a) keep clean, in good condition and repair; and\n(b) whenever required by an EHO, effectively disinfect and clean,\nall sanitary conveniences including sanitary fittings, in or on the premises.\n(2) The owner of any 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.\n\n","sortOrder":29},{"sectionNumber":"5794","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5794 GOVERNMENT GAZETTE, WA 20 December 2016\n2.7 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 1 toilet is provided on the premises, the entrance to each toilet shall bear a\nsuitable sign indicating for which sex its use is intended.\n2.8 Ventilation of toilet\nA toilet in any premises shall be ventilated in accordance with the Sewerage (Lighting, Ventilation\nand Construction) Regulations 1971 and the Building Code.\n2.9 Public sanitary conveniences\n(1) A person shall not—\n(a) foul;\n(b) damage or vandalise; or\n(c) write on or otherwise deface,\na public sanitary convenience or sanitary fixtures or fittings or the premises in or on which the\nsanitary convenience is located.\n(2) a person shall not live or sleep in or on the premises in which a public sanitary convenience is\nlocated or use it for a purpose other than that for which it was intended.\n2.10 Lighting\nThe owner and occupier of premises in which a sanitary convenience or a public sanitary convenience\nis located shall provide and maintain adequate electric lighting for persons using the convenience.\n2.11 Installation\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—Bathrooms, laundries and kitchens\n2.12 Bathrooms\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nbathroom that—\n(a) is adequately lined with an impervious material and has an adequate ceiling;\n(b) complies with the Health Act (Laundries and Bathrooms) Regulations; and\n(c) is equipped with—\n(i) a hand wash basin; and\n(ii) either a shower in a shower recess or a bath.\n(2) All baths, showers, hand wash basins and similar fittings shall be provided with an adequate\nsupply of hot and cold water.\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\nor consumed, the laundry shall be separated from the kitchen or room where food is stored or\nconsumed by a wall extending from the floor to the roof or ceiling.\n(3) Where there is an opening in a wall between a laundry and a kitchen or room where food is stored\nor consumed, the opening shall—\n(a) not be more than 1220 millimetres wide; and\n(b) have a door which when closed shall completely fill the opening.\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.\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5795\n2.15 Kitchens\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nkitchen equipped with—\n(a) a cooking facility which is adequate in the opinion of an EHO; and\n(b) a sink which shall—\n(i) be at least 380 millimetres long, 300 millimetres wide and 150 millimetres deep; and\n(ii) have an adequate supply of hot and cold water.\n(2) The occupier of a dwelling house shall ensure that the cooking facility and sink are kept clean, in\ngood order and repair and fit for use.\n(3) A cooking facility shall—–\n(a) be installed in accordance with the requirements of Energy Safety WA and the manufacturers\nwritten specifications of the product; and\n(b) not be installed or used in any room other than a kitchen.\n(4) Mechanical ventilation extraction is to be provided in a kitchen and the exhaust air shall be—\n(a) carried to the outside air as directly as practicable unless adequately filtered for recirculation;\nand\n(b) boxed throughout.\n(5) In this clause, a cooking facility includes a stove, oven, facility or appliance used for or in\nconnection with the cooking of food.\nPART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of dwelling houses\n3.1 Dwelling house maintenance\nThe owner or occupier of a dwelling house shall maintain the dwelling house and any adjacent\nbuildings in sound condition and fit for use and, in particular, shall—\n(a) maintain all roofs, guttering and downpipes in sound weatherproof condition;\n(b) maintain any footings, foundations and walls, either external or internal, in a sound\ncondition;\n(c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material\nin any verandah, roof, walls, steps, handrails, floors or their supports with material of sound\nquality;\n(d) comply with the directions of an EHO to treat the premises for the purpose of controlling any\ntermites;\n(e) maintain any brick, stone, mortar or cement work in a sound condition;\n(f) maintain, repair or replace any flashings or ant caps which are missing or defective;\n(g) maintain all ventilators in good order and repair;\n(h) maintain all floors even and level in surface and free from cracks and gaps;\n(i) maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and\nfittings complete and with smooth unbroken surfaces;\n(j) maintain all doors and windows in good working order and weatherproof condition;\n(k) retain all natural lighting free from any obstruction which would reduce the natural lighting,\nbelow the ratio of 10 per cent 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 Water Services Act 2012 and any\nother legal requirements to which they are subject; and\n(m) maintain all electric wiring, gas services and fittings to comply in all respects with the\nrequirements of all relevant public authorities.\nDivision 2—Ventilation of dwelling houses\n3.2 Exemption for short term hostels and recreational campsites\nThis Division shall not apply to short term hostels and recreational campsites referred to in Part 8.\n3.3 Overcrowding\nThe owner or occupier of a dwelling house shall not permit—\n(a) a room in the dwelling house that is not a habitable room to be used for sleeping purposes;\n(b) a habitable room in the dwelling house to be used for sleeping purposes unless—\n(i) for every person over the age of 10 years using the room there is at least 14 cubic\nmetres of air space per person; and\n(ii) for every person up to, and including the age of 10 years, there is at least 8 cubic\nmetres of air space per person; or\n(c) any garage or shed to be used for sleeping purposes.\n\n","sortOrder":30},{"sectionNumber":"5796","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5796 GOVERNMENT GAZETTE, WA 20 December 2016\n3.4 Calculate sufficient space\nFor the purpose of clause 3.3, in calculating the space required for each person—\n(a) each room is to be considered separately and sufficient space is to be allowed in each room for\nthe number of persons present in the room at any one time; and\n(b) a deduction is to be made for the space occupied by furniture, fittings and projections of the\nwalls into a room.\n3.5 Ventilation\n(1) A person shall not use or occupy, or permit to be used or occupied, a house unless the house is\nproperly ventilated.\n(2) For the purpose of subclause (1) a house shall be deemed to be properly ventilated if it complies\nwith the Building Code, including the provision of—\n(a) natural ventilation; or\n(b) a mechanical ventilation or air-conditioning system complying with AS 1668.2—2012.\n(3) The owner of a house provided with a mechanical ventilation or air-conditioning system shall\nensure that the system is—\n(a) maintained in good working condition and in accordance with AS/NZS 3666.2:2011; and\n(b) in use at all times the building is occupied, if it is a building without approved natural\nventilation.\n(4) If, in the opinion of an EHO, a house is not properly ventilated, the local government may, by\nnotice, 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.\n3.6 Subfloor ventilation\nThe owner or occupier of a house shall make provision for subfloor ventilation by ensuring that air\nbricks and other openings are kept clear of refuse, vegetation, building materials, dirt and the like.\nDivision 3—Water supply\n3.7 Water supply\n(1) The owner of a dwelling house shall ensure that it is connected with a separate and independent\nwater supply from the mains of a licensed water service operator or a water supply to the satisfaction\nof the local government.\n(2) The water supply shall at all times be capable of delivering an adequate supply of water to each\ntap in the house.\n(3) The water supply to toilets or for garden use may be from a source other than drinking water.\n3.8 Rain water tanks\n(1) The owner or occupier of a dwelling house for which part of the water supply is drawn from a rain\nwater tank shall—\n(a) maintain in a clean condition—\n(i) the roof, guttering and downpipes 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; and\n(c) thoroughly clean and disinfect such tank, at least once in each year, or whenever directed by\nan EHO to do so.\n(2) The owner or occupier of a house for which its entire water supply is drawn from a rain water tank\nshall ensure that the storage capacity of the tank is not less than 90 000 litres.\n(3) The owner or occupier of any non-residential premises on which rainwater and/or borewater is\nused for human consumption shall—\n(a) once every calendar month, have the bacterial quality of each individual water source tested\nin accordance with the Australian Drinking Water Guidelines 2011, published by the\nNational Health and Medical Research Council;\n(b) disinfect the water supply prior to entry into the premises and monitor and record the level of\ndisinfection and pH of the water on a daily basis;\n(c) where chlorine is used as the method of disinfection, ensure a free residual chlorine level of\nbetween 0.2 milligrams per litre and 0.5 milligrams per litre in the water received from any\noutlet used for drinking purposes; and\n(d) ensure the pH of the water received from any outlet used for drinking purposes is maintained\nbetween 7.2 and 7.8.\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5797\n3.9 Wells\nThe owner or occupier of any premises must not use, or permit for human consumption, the use of the\nwater of any bore or well unless the bore or well is—\n(a) at least 30 metres from any soak well or other possible source of pollution unless otherwise\napproved by the Executive Director, Public Health; and\n(b) covered with a tight-fitting cover without openings of any sort other than those essential for\nthe insertion of a pump.\n3.10 Pollution\nA person must not deposit on or under any land, any sewage, offensive matter or any other thing,\nwhich may pollute or render unfit for human consumption, water from a well or other underground\nsource.\nDivision 4—Second-hand furniture, bedding and clothing\n3.11 Prohibition on sale\nA person shall not offer for sale or sell any second-hand furniture, bedding or clothing which is filthy\nor infested with vectors of disease.\n3.12 Prohibition of possession\nA dealer in second-hand furniture, bedding or clothing shall not have on any premises used for the\noperation of the business, any second-hand furniture, bedding or clothing which is filthy or infested\nwith vectors of disease.\nDivision 5—Morgues\n3.13 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) The annual fee for a licence for a place for the temporary reception and keeping of the bodies of the\ndead awaiting burial or cremation shall be the fee as fixed from time to time by the local government\nunder section 344C of the Act.\n(3) An application for a morgue licence shall be in the form approved by the local government from\ntime to time.\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 impervious material, having a fall to an outlet discharging over a\ntrapped gully; and\n(e) the premises are adequately ventilated by direct communication with the outside air.\nPART 4—WASTE FOOD AND LIQUID REFUSE\nDivision 1—Liquid refuse\n4.1 Interpretation\napproved carrier means a carrier licensed under the Environmental Protection (Controlled\nWaste) Regulations 2004.\nliquid refuse includes all washings from windows and vehicles, overflow, bleed off, condensate\nand drainage from air-conditioning equipment including cooling towers and evaporative\ncoolers and other liquid used for cooling purposes and swimming pool discharges; and\nliquid waste means bathroom, kitchen, scullery and laundry wastes, all washings from animal\nand poultry pens and any other domestic or trade wastes that are discharged by means of a\ndrain to a receptacle for drainage.\n4.2 Deposit of liquid refuse\n(1) A person shall not deposit, or cause, or permit to be deposited, liquid refuse or liquid waste—\n(a) on a street;\n(b) in a stormwater disposal system; or\n(c) on any land or place other than a place or depot duly authorised for that purpose.\n\n","sortOrder":31},{"sectionNumber":"5798","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5798 GOVERNMENT GAZETTE, WA 20 December 2016\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; or\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 collect, remove or dispose of the contents of a septic tank, the pump outs from\nholding tanks or an apparatus for the treatment of sewage and other liquid wastes, unless—\n(a) he or she is an approved carrier;\n(b) with the written approval of the local government; and\n(c) in accordance with any terms and conditions imposed by the local government or the\nExecutive Director, Public Health in connection with the approval under subclause (b).\nDivision 2—Transport of butchers’ waste\n4.5 Interpretation\nbutchers’ waste includes animal skeletons and rib cages from a boning room and the inedible\nproducts of an abattoir.\n4.6 Restriction of vehicles\nA person shall not use, for the transport of butchers’ waste—\n(a) a vehicle or container not approved by the local government;\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) the floor and 4 walls to be made of an approved impervious material and the walls to be\nnot less than 910 millimetres high;\n(ii) all joints to be sealed, welded, soldered or brazed and made watertight;\n(iii) the loading doors, if any, to be watertight and kept closed at all times except when\nloading; and\n(iv) the top to be completely covered by a tarpaulin or other impervious sheet material\napproved by an EHO, carried over, and secured to the outside of the walls at least\n300 millimetres from the top so as to keep the load out of sight of the public; or\n(v) a watertight durable and impervious container fitted with a lid which can be tightly\nclosed.\n(2) A person shall not transport any butchers’ waste in a vehicle unless the vehicle and its fittings,\nincluding the compartment or container referred to in this clause, are—\n(a) maintained in good order and condition; and\n(b) thoroughly cleaned at the conclusion of each day’s work.\n(3) A person shall not load, transport, or unload butchers’ waste in a manner that is or may be\noffensive due to—\n(a) the sight of animal skeletons, bones, offal or waste matter;\n(b) the odour of putrefaction, offal or waste matter; or\n(c) the presence of blood and particles of flesh or fat dropping onto the surface of the street\npavement or ground.\nPART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n5.1 Interpretation\nfertiliser includes manure; and\npublic vehicle means any vehicle to which the public ordinarily has access, whether by payment\nof a fee or not and includes a taxi or bus.\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5799\n5.2 Footpaths etc, to be kept clean\nAn owner or occupier of premises shall take reasonable steps to keep any footpath, pavement, area or\nright of way immediately adjacent to the premises, clear of any rubbish, matter or other things\ncoming from or belonging to the premises.\n5.3 Public vehicles to be kept clean\nThe owner or person in control of a public vehicle must—\n(a) maintain the vehicle at all times—\n(i) in a clean condition; and\n(ii) free from vectors of disease; and\n(b) whenever directed to do so by an EHO, thoroughly clean and disinfect the vehicle as directed.\n5.4 Transportation, use and storage of offal or blood\nA person must not transport or store offal or blood, for the purpose of being used as manure, unless it\nhas been sterilised by steam and properly dried.\n5.5 Use or storage of fertiliser\nAn owner or occupier of premises must not use, or keep for the purpose of use as fertiliser any—\n(a) pig manure;\n(b) human faeces; or\n(c) urine.\n5.6 Storage and dispatch of artificial fertiliser\nAn owner or occupier of premises where artificial fertiliser is stored in bulk for sale must—\n(a) keep all artificial fertiliser in a building—\n(i) of which the walls, floors and ceilings or undersides of the roof are constructed of\ndurable and non-absorbent materials finished internally with a smooth surface; and\n(ii) that is free from damp and properly ventilated;\n(b) take reasonable steps to prevent the emission of dust or offensive effluvia from the building;\nand\n(c) ensure that all artificial fertiliser dispatched from the premises is handled and loaded in such\na 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) that can be readily used within a reasonable period; or\n(ii) as may be directed by the EHO.\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;\n(c) slaughter of animals for human consumption in abattoirs approved by the local government;\nand\n(d) farming or grazing property occupiers preparing meat for their own consumption.\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 carcasses prior to their 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 broadacre farmland by the owner.\n\n","sortOrder":32},{"sectionNumber":"5800","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5800 GOVERNMENT GAZETTE, WA 20 December 2016\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; and\nfeedlot means a confined area with watering and feeding facilities where animals or birds are\nheld and fed for the purpose of weight gain.\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.\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\nTownsite boundaries 5000m\nIsolated rural dwelling houses, dairies and industries 1000m\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\n5.12 Site conditions\n(1) The owner or occupier of the approved feedlot shall take reasonable steps to ensure the premises—\n(a) is sited on gently sloping land, no greater than 1:20 but not less than 1:100;\n(b) is sited on soils composed of sandy loam soils with sufficient infiltration to avoid surface\nponding and run-off;\n(c) has a minimum groundwater clearance of 3 metres;\n(d) drainage diverts all uncontaminated stormwater from the general waste stream; and\n(e) has solid and liquid waste disposal arrangements that are not offensive or injurious to health.\n(2) The owner or occupier of the approved feedlot shall take reasonable steps to prevent the discharge\nof 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\nintensive piggery means pigs are housed, fed and watered in breeding and growing sheds; and\npiggery in relation to premises shall include any portion of premises to which pigs have access.\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 Table\n2, or if it is an intensive piggery, the minimum distances listed in Table 3; and\n(3) Sites unsuitable to satisfy the separation requirements may be approved at the discretion of the\nlocal government, 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\nTownsite boundaries 5000m\nIsolated rural dwelling houses, dairies and industries 1000m\nPublic roads and recreation areas 100m\nNeighbouring rural property boundaries 100m\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5801\nMajor water courses 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 reasonable steps to prevent the discharge of dust which\nmay 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\nrural\ndwelling\nhouses,\ndairies,\nindustries\nPublic\nroads,\nrecreation\nareas\nNeighbouring\nrural\nproperty\nboundaries\nSurface\nsupply\ncatchments\nWater\ncourses/rural\nimpoundments\nBores/wells\nSoaks\ndrinking\nsupply\nPiggeries and\nfacilities\ncatering for\nmore than\n5000 pigs\n5000m 1000m 200m 100m Not\n500—5000\npigs\n3500m 1000m 150m 100m Not\n50—499 pigs 2000m 1000m 100m 100m Not\nLess than 50\npigs\n1000m 1000m 100m 100m Not\n200m 300m\nLand used to\ndispose of raw\nor partly\ntreated\nwastes\n1000m 1000m 100m 50m Not\nLand used to\ndispose of\neffectively\ntreated\nwastes\n200m 50m 50m 20m Not\n100m 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, leave, or permit or cause to be placed, thrown\nor left in, on or about the premises, any matter or thing which is liable to attract or be a breeding\nplace for flies, unless that matter or thing is covered, protected, treated or dealt with in such a\nmanner 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\n","sortOrder":33},{"sectionNumber":"5802","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5802 GOVERNMENT GAZETTE, WA 20 December 2016\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 EHO may give notice directing measures to be taken\nWhere, in the opinion of an EHO, flies are prevalent or are breeding on any premises, an EHO may\ngive to the owner or occupier of the premises notice in writing directing him or her to take, within the\ntime specified in the notice, such measures as in the opinion of an EHO 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(3) The local government shall not be liable to pay compensation or damages of any kind to the person\nreferred to in subclause (1) in relation to any action taken by the local government under this clause,\nexcept to the extent the person has suffered unreasonable loss or damage because the action taken by\nthe local government was negligent or in breach of its duty.\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 or notice of an EHO for the purpose of—\n(i) controlling the prevalence of mosquitoes;\n(ii) eradication of mosquitoes; or\n(iii) effectively preventing the breeding of mosquitoes; and\n(b) assist an EHO to locate any possible mosquito breeding sites that may be present in or about\n(2) An owner or occupier of any premises where water is kept in a horse trough, poultry drinking\nvessel or other receptacle shall—\n(a) frequently change the water; and\n(b) keep the water clean and free from vegetable matter and slime.\n(3) An owner or occupier of premises, where a septic tank is installed, shall ensure the fixture is in a\nsound condition at all times, and 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 EHO—\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.\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5803\n6.8 Local government may execute work and recover costs\n(a) a person is required under this Division or directed by a notice given under clause 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.\n(3) The local government is not liable to pay compensation or damages of any kind to the person\nreferred to in subclause (1) in relation to any action taken by the local government under this clause,\nexcept to the extent the person has suffered unreasonable loss or damage because the action taken by\nthe local government was negligent or in breach of its duty.\nDivision 3—Rodents\n6.9 Interpretation\nrodents means those animals belonging to the order Rodentia and includes rats and mice but\ndoes not include native rodents, laboratory bred rats and mice, or those animals kept as pets\nin an enclosure designed for the purpose of keeping as pets, animals of that kind.\n6.10 Measures to be taken to eradicate rodents\n(1) An owner or occupier of any premises, shall at all times take reasonable steps to eradicate any\nrodents and prevent the harbourage or potential harbourage of rodents in or on the premises.\n(2) An EHO may direct, orally or in writing, an owner or occupier of premises to take whatever action,\nin the opinion of an EHO, is necessary or desirable to prevent or deter the presence of rodents in or on\n(3) An owner or occupier shall, within the time specified, comply with any direction given by an EHO\nunder this clause.\n6.11 Food and wastes to be kept in rodent proof receptacles\nA person must not store, or allow to be stored, on any premises, any food, refuse or other waste matter\nunless it is contained in a rodent proof receptacle or compartment, which is kept effectively protected\nagainst access by rodents.\n6.12 Restrictions on keeping of rodents\nA person or body who keeps rodents shall—\n(a) at all times ensure that all live rodents are kept in the effective control of a person or in\nlocked cages; and\n(b) if a rodent escapes, forthwith take all reasonable steps to destroy or recapture the rodent.\nDivision 4—Cockroaches\n6.13 Interpretation\ncockroach means any of the various orthopterous insects commonly known as cockroaches.\n6.14 Measures to be taken to eradicate cockroaches\n(1) An owner or occupier of premises shall take reasonable steps to eradicate any cockroaches in or on\n(2) An EHO may direct, orally or in writing, an owner or occupier of premises to take whatever action\nthat, in the opinion of the EHO, is necessary or desirable to prevent or deter the presence of\ncockroaches in or on the premises.\n(3) An owner or occupier shall, within the time specified, comply with any direction given by an EHO\nunder this clause.\nDivision 5—Argentine Ants\n6.15 Interpretation\nArgentine Ant means an ant belonging to the species Limepithema humile (formally\nIridomyrmex humilis).\n6.16 Measures to be taken to keep premises free from Argentine Ants\nAn owner or occupier of premises shall ensure that the premises are kept free from Argentine Ant\ncolonies and shall—\n(a) take all steps to locate any nests if Argentine Ants are noticed in, on or about the premises;\n(b) properly treat all nests of Argentine Ants with an approved residual based insecticide; and\n\n","sortOrder":34},{"sectionNumber":"5804","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5804 GOVERNMENT GAZETTE, WA 20 December 2016\n(c) whenever required by an EHO—\n(i) treat any area or infestation with an insecticide referred to in subclause (b); and\n(ii) remove any objects, including timber, firewood, compost or pot plants in accordance\nwith a direction from an EHO.\nDivision 6—European Wasps\n6.17 Interpretation\nEuropean Wasp means a wasp belonging to the species Vespula germanica.\n6.18 Measures to be taken to keep premises free from European Wasp nests\nAn owner or occupier of premises shall ensure that the premises are kept free from European Wasp\nnests and shall—\n(a) follow any direction of an EHO for the purpose of destroying the European Wasps and their\nnests; and\n(b) assist an EHO, or his or her representative, to trace any nest that may be present in, on or\nabout the premises.\nDivision 7—Arthropod vectors of disease\n6.19 Interpretation\narthropod vectors of disease includes—\n(a) fleas (Siphonaptera);\n(b) bedbugs (Cimex lectularius);\n(c) pubic lice (Phthirus pubis);\n(d) body lice (Pediculus humanus humanus, also known as Pediculus humanus corporis);\nand\n(e) head lice (Pediculus humanus capitis).\n6.20 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 EHO to treat the premises, or anything on the premises, for\nthe purpose of destroying any arthropod vectors of disease.\nPART 7—INFECTIOUS DISEASES\nDivision 1—General provisions\n7.1 Requirements on owner or occupier to clean, disinfect and disinfest\n(1) The local government or an EHO may, by notice in writing, direct an owner or occupier of\npremises, within the time and in the manner specified in the notice, to clean, disinfect 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 the EHO.\n(2) An owner or occupier shall comply with a notice given under subclause (1).\n7.2 EHO may disinfect or disinfest premises\n(1) Where the CEO or the medical officer is satisfied that any case of infectious disease has occurred\non any premises, the CEO or the medical officer may direct an EHO, other local government officer or\nother person to disinfect and disinfest the premises or any part of the premises and anything in or on\n(2) Where in the opinion of the CEO or the medical officer, where the owner or occupier directed in\nsubclause (1) does not disinfect or disinfest the premises in a reasonable period or where as a matter\nof urgency, the premises or any part of the premises and anything in or on the premises must be\ndisinfected or disinfested by the action of the CEO.\n(3) An owner or occupier of premises shall permit, and provide access to enable an EHO, other local\ngovernment officer or other person to carry out the direction given under subclause (1).\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\nor occupier of premises in relation to any action taken by the local government or any of its staff or\nemployees under this clause, except to the extent the person has suffered unreasonable loss or\ndamage because the action taken by the local government was negligent or in breach of its duty.\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5805\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 EHO considers that a house is insanitary, the EHO may, by notice in writing, direct an\nowner of the house, within the time and in the manner specified in the notice, to destroy or amend the\nhouse.\n(3) Where an EHO considers that—\n(a) a house or premises is not being maintained in a sanitary condition; or\n(b) any thing is insanitary,\nthe EHO 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; and\n(b) may be removed, at the direction of the local government or the medical officer to isolation in\nan appropriate place to prevent or minimise the risk of the infection spreading and if so\nremoved, shall remain in that place until the medical officer otherwise directs.\n7.5 Declaration of infected house or premises\n(1) To prevent or check the spread of infectious disease, the local government or the medical officer\nmay from time to time declare any house or premises to be infected.\n(2) A person shall not enter or leave any house or premises declared to be infected, without the\nwritten consent of the medical officer or an EHO.\n7.6 Destruction of infected animals\n(1) An EHO, upon being satisfied that an animal is or may be infected or is liable to be infected or to\nconvey infection may, by notice in writing, direct that the animal be examined by a registered\nveterinary officer and all steps taken to enable the condition to be controlled or eradicated or the\nanimal 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 an infectious\ndisease shall, subject to subclause (2), cause the body to be buried or disposed of in such manner,\nwithin such time and with such precautions as may be directed by the medical officer.\n(2) A body shall not be removed from premises where death occurred except to a cemetery or morgue.\n7.8 Local government may carry out work and recover costs\n(a) a person is required under this Division or by a notice given under this Division, to carry out\nany work; and\nthat person commits an offence and the local government may carry out the work or arrange for the\nwork to be carried out by another.\n(2) The costs and expenses incurred by the local government in the execution of a power under this\nclause may be recovered in a court of competent jurisdiction from the person referred to in\nsubclause (1)(a).\n(3) The local government shall not be liable to pay compensation or damages of any kind to the person\nreferred to in subclause (1)(a) in relation to any action taken by the local government under this\nclause, except to the extent the person has suffered unreasonable loss or damage because the action\ntaken by the local government was negligent or in breach of its duty.\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 an EHO.\n\n","sortOrder":35},{"sectionNumber":"5806","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5806 GOVERNMENT GAZETTE, WA 20 December 2016\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 2 single beds;\nbunk means a sleeping berth comprising 1 of 2 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\nCommonwealth Food Standards Australia New Zealand Act 1991;\nkeeper means a person whose name appears on the register of keepers, in respect of a lodging\nhouse, as the keeper of that lodging house;\nlaundry unit means a group of facilities consisting of—\n(a) a washing machine with a capacity of not less than 4 kilograms weight of dry clothing;\n(b) 1 wash trough of not less than 36 litres capacity, connected to both hot and cold water;\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;\nlodging house manager means a person duly appointed by the keeper in accordance with this\nDivision to reside in, and have the care and management of, a lodging house;\nrecreational campsite means a lodging house—\n(a) situated on a campsite principally used for—\n(i) recreational, sporting, religious, ethnic or educational pursuits; or\n(ii) conferences or conventions; and\n(b) where the period of occupancy of any lodger is not more than 14 consecutive days,\nand includes youth camps, youth education camps, church camps and riding schools but does\nnot include a camp or caravan within the meaning of the Caravan Parks and Camping\nGrounds 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\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\n20 December 2016 GOVERNMENT GAZETTE, WA 5807\n(ii) a lodging house manager who, with the written approval of an EHO, has been\nappointed by the keeper to have the care and management of the lodging house,\nresides or intends to reside continuously in the lodging house whenever there is 1 or more lodgers in\nthe 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 by issuing to the\napplicant a certificate of registration in the form approved by the local government 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(b) pay the approved fee as fixed from time to time by the local government under section 344C of\nthe Act at the time of making each application for renewal.\n8.6 Notification upon sale or transfer\nIf the owner of a lodging house sells or transfers, or agrees to sell or transfer, the lodging house to\nanother person, he or she shall, within 14 days of the date of sale, transfer or agreement, give to the\nlocal government, in the form approved by the local government from time to time, written notice of\nthe full name, address and occupation of the person to whom the lodging house has been, or is to be,\nsold or transferred.\n8.7 Revocation of registration\n(1) Subject to subclause (3), the local government may, at any time, revoke the registration of a\nlodging house for any reason which, in the opinion of the local government, justifies the revocation.\n(2) Without limiting the generality of subclause (1), the local government may revoke a registration\nupon any one or more of the following grounds—\n(a) that the lodging house has not, to the satisfaction of the local government, been kept free\nfrom vectors of disease or remained in a clean and sanitary condition;\n(b) that the keeper has—\n(i) been convicted of an offence against this local law in respect of the lodging house;\n(ii) not complied with a requirement of this Part; or\n(iii) not complied with a condition of registration;\n(c) that the local government, having regard to a report from the Police Service, is satisfied that\nthe keeper or lodging house 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\n","sortOrder":36},{"sectionNumber":"5808","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5808 GOVERNMENT GAZETTE, WA 20 December 2016\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) Subclauses 5(b) and 5(c) do not apply to a serviced apartment.\n8.10 Laundry\n(1) A keeper shall—\n(a) subject to subclause (2)—\n(i) in the case of a recreational campsite, provide on the premises a laundry consisting of\nat least one 45 litre stainless steel trough; and\n(ii) in any other case, provide on the premises a laundry unit for each 15 lodgers;\n(b) at all times maintain each laundry or laundry unit in a proper sanitary condition and in good\nrepair;\n(c) provide an adequate supply of hot and cold water to each wash trough, sink, or washing\nmachine; and\n(d) ensure that the floor area of each laundry or laundry unit is properly surfaced with an even\nfall to a floor waste.\n(2) An EHO may approve the provision of a reduced number of laundry units if suitable equipment of\na 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 lodging house manager—0.35 square metres\nper 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—Food Premises and Equipment of the\nFood Standards Code as amended from time to time.\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,\nbut in either case having a minimum of 13 square metres; and\n(b) which shall be—\n(i) adequately furnished to accommodate, at any one time, half of the number of lodgers;\nand\n(ii) provided with a suitable floor covering.\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5809\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 EHO; 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.\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 subclauses (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 EHO.\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 are ventilation,\nseparation distances, fire egress and other safety requirements in accordance with the Building Code.\n\n","sortOrder":37},{"sectionNumber":"5810","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5810 GOVERNMENT GAZETTE, WA 20 December 2016\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(ii) Upholstery and bedding—\na maximum Spread of Flame Index of 6; and\na maximum Smoke Developed Index of 5;\n(iii) Floor coverings—\na maximum Spread of Flame Index of 7; and\na maximum Smoke Developed Index of 5;\n(b) Fire retardant coatings used to make a material comply with the indices set out in\nsubclause (8)(a) must be—\n(i) certified by the manufacturer as approved for use with the fabric to achieve the\nrequired indices;\n(ii) certified by the manufacturer to retain its fire retardative effect after a minimum of\n5 commercial dry cleaning or laundering operations carried out in accordance with\nAS 2001.5.4—2005, Procedure 7A, using ECE reference detergent; and\n(iii) certified by the applicator as having been carried out in accordance with the\nmanufacturer’s specifications;\n(c) emergency lighting is provided in accordance with the Building Code;\n(d) a lodger or other person does not smoke in any kitchen, dining room or other enclosed public\nplace 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, 2 sheets, a blanket or rug and, from\n","sortOrder":38},{"sectionNumber":"1","sectionType":"section","heading":"May to 30 September, not less than 1 additional blanket or rug; and","content":"1 May to 30 September, not less than 1 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.\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.\n\n20 December 2016 GOVERNMENT GAZETTE, WA 5811\n8.20 Ventilation\nIf, in the opinion of an EHO, a kitchen, bathroom, toilet, laundry or habitable room is not adequately\nor properly ventilated, he or she may direct the keeper to provide a different or additional method of\nventilation.\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 EHO.\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 lodging house 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 EHO.\n8.24 Keeper to report\nA keeper shall, whenever required by the local government, report to the local government, in the\nform approved by the local government from time to time, the name of each lodger who lodged in the\nlodging house during the preceding day or night.\n8.25 Certificate in respect of sleeping accommodation\n(1) An EHO may issue to a keeper, a certificate, in respect of each room, which shall be in the form\napproved 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 EHO, a keeper shall exhibit the certificate issued under this clause in a\nconspicuous 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 lodging house 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 EHO, open the door of any room for the purposes of inspection by the\nEHO.\n8.27 Room occupancy\n(1) A keeper of a lodging house 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) larger quantity of bedding, than is required to accommodate and provide for the\nmaximum number of persons permitted to occupy the sleeping apartment at any one\ntime; 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.\n\n","sortOrder":39},{"sectionNumber":"5812","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5812 GOVERNMENT GAZETTE, WA 20 December 2016\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(f) when so directed by an EHO, 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 EHO.\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\n20 December 2016 GOVERNMENT GAZETTE, WA 5813\n(k) obstruct or prevent the keeper or lodging house manager from inspecting or examining the\nroom or rooms occupied 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 EHO 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 vectors 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\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 1 or more of the trades, businesses or occupations usually carried on,\nin, or connected with, the following works or establishments—\n(a) fat rendering premises;\n(b) fish processing establishments (not including retail fish shops) in which whole fish are\ncleaned and prepared on site;\n(c) shellfish and crustacean processing establishments (not including retail fish shops)\nwhere shellfish and crustaceans are processed, cleaned or prepared on site;\n(d) flock factories;\n(e) laundries and dry cleaning premises;\n(f) fellmongering, not including a premises where pre-treated skins and hides are sorted\nand boxed for distribution; and\n(g) any trade as defined in section 186 of the Act; and\npremises includes houses.\n9.2 Consent to establish an offensive trade\nA person seeking the consent of the local government under section 187 of the Act to establish an\noffensive trade shall make an application in the form approved by the local government from time to\ntime and in accordance with the local government’s local planning scheme.\n9.3 False statement\nA person who makes a false statement in an application under clause 9.2 commits 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;\nand\n(c) lodged with 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 CEO 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 1 occupier, each of the occupiers of the\npremises in or upon which an offensive trade is carried on; and\npremises means those premises in or upon which an offensive trade is carried on.\n\n","sortOrder":40},{"sectionNumber":"5814","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5814 GOVERNMENT GAZETTE, WA 20 December 2016\n9.9 Cleanliness\n(a) ensure the premises is kept and maintained in a clean and sanitary condition and that floors,\nwalls, ceilings and other portions of the premises are kept in a state of good repair;\n(b) ensure all fittings, fixtures, appliances, machinery, implements, shelving, furniture, bins,\nsinks, drain boards, grease traps, tubs, vessels and other things used on or in connection with\nthe premises are kept in a clean and sanitary condition and in a good state of repair;\n(c) keep the premises free from any offensive odour arising from the premises;\n(d) keep in a clean and tidy condition, all yards, footpaths, passageways, paved areas, stores or\noutbuildings 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\nThe occupier shall take reasonable steps to—\n(a) ensure that the premises are kept free from rodents, cockroaches, flies and other vectors of\ndisease; and\n(b) provide in and on the premises all effective means and methods for the eradication and\nprevention of rodents, cockroaches, flies and other vectors of disease.\n9.11 Sanitary conveniences and hand wash basins\nThe occupier shall provide on the premises, in an approved position, sufficient sanitary conveniences\nand hand wash basins, each with an adequate supply of hot and cold water, for use by employees and\nby all other persons lawfully upon the premises.\n9.12 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 EHO.\n9.13 Effluvia, vapours, gases or dust\n(a) provide, use and maintain in a state of good repair and working order, appliances and\npreventive measures capable of effectively destroying, or of rendering harmless, all offensive\neffluvia, vapours, dust or gases arising in any process of his or her business or from any\nmaterial, residue or other substance which may be kept or stored upon the premises; and\n(b) manage and operate the premises such that odours emanating from the premises do not\nunreasonably interfere with the health, welfare, convenience, comfort or amenity of any\nperson.\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 airtight covers on the receptacles, except when it is necessary to place something in or\nremove something from them;\n(c) cause all offensive material and trade refuse to be placed immediately in the receptacles;\n(d) cause the contents of the receptacles to be removed from the premises at least once in every\nworking day or at such other intervals as may be approved or directed by an EHO; 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 trades\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\n20 December 2016 GOVERNMENT GAZETTE, WA 5815\n(b) cause the angles formed by the walls with any other wall, and by the wall with the floor, to be\ncoved to a radius of not less than 25 millimetres; and\n(c) cause all liquid refuse to be—\n(i) cooled to a temperature not exceeding 26 degrees Celsius and in accordance with the\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 EHO may from time to\ntime direct.\n9.17 Directions\n(1) An EHO may give to the occupier, directions to prevent or diminish the offensiveness of a trade or\nto safeguard 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 furnished\nwith 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.\n9.22 Fish containers\nThe occupier of a fish premises shall not allow any container used for the transport of fish to—\n(a) remain on the premises longer than is necessary for it to be emptied; or\n(b) be kept so as to cause a nuisance or to attract flies.\nDivision 4—Laundries, dry cleaning establishments and dye works\n9.23 Interpretation\ndry cleaning establishment means premises where clothes or other articles are cleaned by use\nof solvents without using water, but does not include premises in which perchlorethylene or\narklone is used as dry cleaning fluid in a machine operating on a full cycle and fully enclosed\nbasis;\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 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; and\n(c) provision is made for the discharge of all liquid waste into a public sewer;\n\n","sortOrder":41},{"sectionNumber":"5816","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 20 December 2016","content":"5816 GOVERNMENT GAZETTE, WA 20 December 2016\nlaundromat means a public place with coin operated washing machines, spin dryers or dry\ncleaning machines; and\nlaundry means any place where articles are laundered 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 an EHO\nwho may at any time by written notice withdraw such permission.\n9.25 Reception room\n(1) The occupier of a laundry , dry cleaning establishment or dye works shall—\n(a) provide a reception room in which all articles brought to the premises for treatment shall be\nreceived and shall not receive or permit to be received any such articles except in that room;\nand\n(b) cause such articles as may be directed by an EHO to be thoroughly disinfected to the\nsatisfaction 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\nThe occupier of a laundry, dry cleaning establishment or dye works shall cause—\n(a) the internal surfaces of all walls to be rendered with a cement plaster with a steel float finish\nor other approved material to a height of 2 metres and to be devoid of holes, cracks or\ncrevices;\n(b) the floor to be impervious, constructed of concrete and finished to a smooth 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\nThe occupier of a laundry shall provide in front of each washing machine, a non-corrosive grating, at\nleast 910 millimetres in width and so constructed as to prevent any person from standing in water on\nthe floor.\n9.28 Escape of dust\nThe occupier of a dry cleaning establishment shall provide reasonable means to prevent the escape\ninto the 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 EHO for that\npurpose.\n9.30 Trolleys\nThe occupier of a laundry or 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\n20 December 2016 GOVERNMENT GAZETTE, WA 5817\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————\nPassed at the Ordinary Meeting of the Shire of Lake Grace held on the day of 28th September 2016.\nthe presence of —\nConsented to—\nTARUN WEERAMANTHRI, Executive Director, Public Health.\nDated this 25th day of November, 2016.","sortOrder":42}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":973},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to be within its original scope as a comprehensive update and consolidation of local health, animal control, and cemetery regulations for the Shire of Lake Grace. The three laws replace earlier versions from 2000-2001 and maintain the traditional functions of local government public health and nuisance control without significant expansion into new regulatory areas."},"complexity_factors":["Extensive cross-referencing to multiple State Acts (Local Government Act 1995, Health Act 1911, Cat Act 2011, Cemeteries Act 1986, Building Code, etc.)","47+ defined terms across the three laws with layered definitions (some terms defined by reference to other laws)","Numerical specifications throughout: distances in metres, areas in square metres, volumes in cubic metres, temperatures, pH levels, chlorine concentrations","Nested conditional logic with multiple exceptions and exemptions (e.g., beekeeping permits have 4 separate exemption categories)","Part 8 (Lodging Houses) contains highly prescriptive technical requirements with 21 clauses and multiple subclauses for room dimensions, bed sizes, fire safety indices, and material standards","Tables with buffer distances for feedlots and piggeries requiring cross-referencing between Tables 2 and 3","Dual liability structures: duties imposed 'jointly and severally' on owners and occupiers","Incorporation by reference of multiple Australian Standards (AS/NZS codes) that are 'as amended from time to time'","Three separate local laws published together with overlapping but distinct coverage areas"],"plain_english_summary":"The Shire of Lake Grace adopted three 2016 local laws: a cemetery amendment requiring coffins be buried with at least 750 mm cover; an animals, environment and nuisance law tightening rules for pets, poultry, livestock, bees, building sites and neighbour nuisances; and a health law setting minimum standards for housing, water, pest control, lodging houses and certain trades.  \n\nThey affect residents, property owners, farmers, pet and bee keepers, and businesses, and include enforcement powers, fines and daily penalties for breaches."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Clause 1.4 expressly repeals the Shire of Lake Grace Health Local Laws 2000 and replaces them with this consolidated Health Local Law 2016. The new instrument broadens and modernises detail (technical standards, registration/permit schemes, buffer distances and specific obligations), aligns local requirements with contemporary Codes/Acts, and adds clearer enforcement and cost‑recovery powers—therefore altering and expanding the practical scope and administrative reach of the local health regime."},"complexity_factors":["Breadth and volume — many Parts/Divisions covering sanitation, housing, waste, pest control, infectious disease, lodging houses and offensive trades.","Cross‑references to multiple statutes and technical standards (Health Act 1911, Local Government Act, Building Code, Water Services Act, Australian Standards and other regulations).","Numerous technical requirements (ventilation, water supply, tank sizes, separation buffers for piggeries/feedlots, construction/maintenance standards).","Discretionary powers vested in the local government, CEO, medical officer and EHOs to grant/deny/condition permits, vary/cancel permits and give remedial notices.","Enforcement mechanics include notices, entry, direct execution of remedial work and cost recovery, plus both fixed and graduated penalties.","Permit, registration and certification regimes (lodging houses, morgues, offensive trades, septic pump‑outs, beekeepers) increase administrative steps and fees.","Potential overlap and interaction with state regulatory regimes requiring interpretation (e.g. sewerage, water quality, biosecurity)."],"plain_english_summary":"Replaces the Shire’s 2000 health rules and sets district‑wide minimum public‑health standards: sanitation, water supply, waste and liquid refuse, pest control, infectious disease powers, lodging‑house registration and offensive trades. Environmental Health Officers can issue notices, enter premises, carry out remedial work and recover costs; owners and occupiers bear compliance costs, fees and penalties. The local government decides permits, approvals and conditions, creating administrative discretion and specific technical obligations tied to referenced Codes and Acts."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-lake-grace-health-local-law-2016","history":"/api/acts/shire-of-lake-grace-health-local-law-2016/history","analysis":"/api/acts/shire-of-lake-grace-health-local-law-2016/analysis","conflicts":"/api/acts/shire-of-lake-grace-health-local-law-2016/conflicts","importantCases":"/api/acts/shire-of-lake-grace-health-local-law-2016/important-cases","documents":"/api/acts/shire-of-lake-grace-health-local-law-2016/documents"}}