{"id":"wa-local:meekatharra-shire-of-shire-of-meekatharra-local-government-property-and-public-places-local-law-2022","name":"Shire of Meekatharra Local Government Property and Public Places Local Law 2022","slug":"shire-of-meekatharra-local-government-property-and-public-places-local-law-2022","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438459,"registerId":"wa-local:meekatharra-shire-of-shire-of-meekatharra-local-government-property-and-public-places-local-law-2022-pdf-1775954881801","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"29","sectionType":"section","heading":"August 2022 GOVERNMENT GAZETTE, WA 4533","content":"29 August 2022 GOVERNMENT GAZETTE, WA 4533\nTABLE OF CONTENTS\n1.1 Title\n1.5 Interpretation\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"SANITATION","content":"PART 2—SANITATION\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Sanitary Conveniences","content":"Division 1—Sanitary Conveniences\n2.1 Interpretation\n2.2 Dwelling house\n2.3 Premises other than a dwelling house\n2.4 Events\n2.5 Maintenance of sanitary conveniences and fittings\n2.6 Public sanitary conveniences\n2.7 Lighting\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Bathrooms, Laundries and Kitchens","content":"Division 2—Bathrooms, Laundries and Kitchens\n2.8 Bathrooms\n2.9 Laundries\n2.10 Washing or keeping of clothes in kitchens\n2.11 Kitchens\n","sortOrder":3},{"sectionNumber":"Part 3","sectionType":"part","heading":"HOUSING AND GENERAL","content":"PART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of Dwelling Houses\n3.1 Dwelling house maintenance\n3.2 Guttering and downpipes\nDivision 2—Ventilation of Houses\n3.3 Exemption for short term hostels and recreational campsites\n3.4 Overcrowding\n3.5 Calculated sufficient space\n","sortOrder":4},{"sectionNumber":"Div 3","sectionType":"division","heading":"Water Supply","content":"Division 3—Water Supply\n3.6 Water suply\n3.7 Rainwater tanks\n3.8 Pollution\n","sortOrder":5},{"sectionNumber":"Div 4","sectionType":"division","heading":"Morgues","content":"Division 4—Morgues\n3.9 Licensing of morgues\n","sortOrder":6},{"sectionNumber":"Part 4","sectionType":"part","heading":"LIQUID REFUSE AND LIQUID WASTE","content":"PART 4—LIQUID REFUSE AND LIQUID WASTE\n4.1 Interpretation\n4.2 Deposit of liquid refuse\n4.3 Disposal of liquid waste\n","sortOrder":7},{"sectionNumber":"Part 5","sectionType":"part","heading":"NUISANCES AND GENERAL","content":"PART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n5.1 Interpretation\n5.2 Escape of smoke etc.\n5.3 Public vehicles to be kept clean\n5.4 Prohibition against spitting\n\n","sortOrder":8},{"sectionNumber":"4534","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4534 GOVERNMENT GAZETTE, WA 29 August 2022\n5.5 Dust management\n5.6 Emission or reflection of light\n5.7 Use or storage of fertiliser\n5.8 Cleanliness\n5.9 Animal enclosures\n5.10 Disposal of dead animals\nDivision 3—Keeping of Approved Animals\n5.11 Interpretation\n5.12 Keeping of approved animals and provision of stables\n5.13 Proximity of approved animals to a dwelling house\n5.14 Manure receptacles\nDivision 4—Keeping of Poultry and Pigeons\n5.15 Interpretation\n5.16 Limitation on numbers of pigeons, poultry and miscellaneous birds\n5.17 Conditions of keeping poultry\n5.18 Roosters, Geese, Turkeys, Peafowl and Gamebirds\n5.19 Conditions of keeping pigeons\n5.20 Removal of nonconforming structures or enclosures\n5.21 Restrictions on pigeon nesting or perching\n5.22 Restrictions on feeding wild birds\n","sortOrder":9},{"sectionNumber":"Div 5","sectionType":"division","heading":"Feedlots","content":"Division 5—Feedlots\n5.23 Interpretation\n5.24 Premises to be approved\n5.25 Management of beef cattle feedlots\n5.26 Compliance with direction or notice of an Authorised Officer\n","sortOrder":10},{"sectionNumber":"Part 6","sectionType":"part","heading":"PEST CONTROL","content":"PART 6—PEST CONTROL\nDivision 1—Flies\n6.1 Interpretation\n6.2 Control of flies\nDivision 2—Mosquitoes\n6.4 Measures to be taken to prevent mosquito breeding\n6.5 Measures to be taken by occupier\n6.6 Removal of undergrowth or vegetation\n6.7 Filling in excavations etc.\n6.8 Drains, channels and septic tanks\n6.9 Drainage of land\nDivision 3—Rodents\n6.10 Interpretation\n6.11 Measures to be taken to eradicate rodents\nDivision 4—Cockroaches\n6.12 Interpretation\n6.13 Measures to be taken to eradicate cockroaches\nDivision 5—Argentine Ants\n6.14 Interpretation\n6.15 Measures to be taken to keep premises free from Argentine ants\n","sortOrder":11},{"sectionNumber":"Div 6","sectionType":"division","heading":"European Wasps","content":"Division 6—European Wasps\n6.16 Interpretation\n6.17 Measures to be taken to keep premises free from European wasp nest\n","sortOrder":12},{"sectionNumber":"Div 7","sectionType":"division","heading":"Bee Keeping","content":"Division 7—Bee Keeping\n6.18 Interpretation\n6.19 Limitation on numbers of hives\n6.20 Restrictions on keeping of bees in hives\n6.21 Bees which cause a nuisance not to be kept\n","sortOrder":13},{"sectionNumber":"Div 8","sectionType":"division","heading":"Arthropod Vectors of Disease","content":"Division 8—Arthropod Vectors of Disease\n6.22 Interpretation\n6.23 Responsibility of the owner or occupier\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4535\n6.24 Local government may execute work and recover costs\nPART 7—INFECTIOUS DISEASES\nDivision 1—General Provisions\n7.1 Purpose of exercise of powers\n7.2 Authorised Officer may visit, inspect and report\n7.3 Requirements on owner or occupier to clean, disinfect and disinfest\n7.4 Authorised Officer may disinfect or disinfest the premises\n7.5 Insanitary houses, premises and things\n7.6 Medical Officer may authorise disinfecting\n7.7 Persons in contact with an infectious disease sufferer\n7.8 Declaration of infected house or premises\n7.9 Destruction of infected animals\n7.10 Disposal of a body\n7.11 Local government may carry out work and recover costs\nDivision 2—Disposal of Used Condoms and Needles\n7.12 Disposal of used condoms\n7.13 Disposal of used needles\n","sortOrder":14},{"sectionNumber":"Part 8","sectionType":"part","heading":"LODGING HOUSES","content":"PART 8—LODGING HOUSES\nDivision 1—Registration\n8.1 Interpretation\n8.2 Accommodation not to be kept unless registered\n8.3 Application for registration\n8.4 Certificate of Registration of accommodation\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 Insect screening\n8.10 Sanitary conveniences\n8.11 Laundry unit\n8.12 Kitchen\n8.13 Cooking facilities\n8.14 Dining room\n8.15 Lounge room\n8.16 Fire prevention and control\n8.17 Obstruction of passages and stairways\n8.18 Fitting of locks\n8.19 Restriction on use of rooms for sleeping\n8.20 Sleeping accommodation short term hostels and recreational campsites\n8.21 Furnishing etc. of sleeping apartments\n8.22 Ventilation\n8.23 Numbers to be placed on doors\nDivision 3—Management and Care\n8.24 Keeper or manager to reside in the lodging house\n8.25 Register of lodgers\n8.26 Keeper report\n8.27 Certificate of Sleeping Accommodation\n8.28 Duplicate keys and inspection\n8.29 Room occupancy\n8.30 Infectious disease\n8.31 Maintenance of a room by a lodger or resident\n8.32 Cleaning and maintenance requirements\n8.33 Responsibilities of lodgers and residents\n\n","sortOrder":15},{"sectionNumber":"4536","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4536 GOVERNMENT GAZETTE, WA 29 August 2022\n","sortOrder":16},{"sectionNumber":"Part 9","sectionType":"part","heading":"OFFENSIVE TRADES","content":"PART 9—OFFENSIVE TRADES\n9.1 Interpretation\n9.2 Consent to establish an offensive trade\n9.3 Notice of application\n9.4 Registration of premises\n9.5 Certificate of Registration of Premises for Offensive Trade\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 or gases\n9.14 Offensive material\n9.15 Storage of materials\n9.16 Directions\nDivision 3—Fat Rendering Establishments\n9.17 Interpretation\n9.18 Ventilation\n9.19 Covering of apparatus\n9.20 Rendering of walls\nDivision 4—Laundries, Dry Cleaning Establishments and Dye Works\n9.21 Interpretation\n9.22 Receiving depot\n9.23 Reception room\n9.24 Walls and floors\n9.25 Laundry floor\n9.26 Escape of dust\n9.27 Precautions against combustion\n9.28 Trolleys\n9.29 Sleeping on premises\nDivision 5—Abattoirs\n9.30 Construction\nDivision 6—Piggeries\n9.31 Interpretation\n9.32 Limitations to registration\n9.33 Conditions of registration\n9.34 Sties, enclosures or sheds\n9.35 Slaughtering\n9.36 Feed\n9.37 Fencing\n9.38 Water supply\n9.39 Feeding troughs\n","sortOrder":17},{"sectionNumber":"Part 10","sectionType":"part","heading":"OFFENCES AND PENALTIES","content":"PART 10—OFFENCES AND PENALTIES\n10.1 Offences and penalties\n10.2 Form of infringement notices\n10.3 Other enforcement actions\n10.4 Power of entry into private property\nPART 11—OBJECTION AND APPEAL\n11.1 Objection and appeal rights\nSCHEDULE 1—OFFENSIVE TRADES\nSCHEDULE 2 —PRESCRIBED OFFENCES\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4537\nUnder the powers conferred by the Local Government Act 1995 and under all powers enabling it, the\nCouncil of the Shire of Meekatharra resolved on 20 August 2022 to make the following local law.\n1.1 Title\nThis local law may be cited as the Shire of Meekatharra Health Local Law 2021.\nThis local law commences 14 days after the day on which it is published in the Government Gazette..\nThis local law applies throughout the entire district.\nThis local law repeals the Shire of Meekatharra Health Local Laws 2008 as published in the Government\nGazette on 23 December 2008.\n1.5 Interpretation\nIn this local law, unless the context otherwise requires—\nAct means the Health (Miscellaneous Provisions) Act 1911;\nadequate means satisfactory or fit for purpose or, if there is any doubt, at the discretion of an\nAuthorised Officer;\nadequate supply of water means a flow of water of not less than 5 litres per minute;\napproved means approved by the local government;\nAS or AS/NZS means an Australian Standard or Australian/New Zealand Standard published by\nStandards Australia, as amended from time to time;\nAS 3786 means Australian Standard for Smoke alarms using scattered light, transmitted light or\nionization;\nAS 2293.1 means Australian Standard for Emergency escape lighting and exit signs for buildings—\nSystem design, installation and operation;\nAS 1530.2 means Australian Standard for Methods for fire tests on building materials, components\nand structures—Test for flammability of materials;\nAS 1530.3 means Australian Standard for Methods for fire tests on building materials, components\nand structures—Simultaneous determination of ignitability, flame propagation, heat release\nand smoke release;\nAS 4282 means Australian Standard for Control of obtrusive effects of outdoor lighting;\nAuthorised Officer means a person appointed under\nthe provisions of the Public Health Act 2016; or\nthe Local Government Act 1995; and\nincludes officers employed or contracted by the local government as an Environmental\nHealth Officer, Acting Environmental Health Officer, Assistant Environmental Health\nOfficer, Community and Development Services Manger and Principal Environmental\nHealth Officer;\nbed means a piece of furniture on which to sleep;\nbedding includes beds, mattresses, pillows and bed heads as well as bed linen;\nbed linen includes sheets, blankets, pillow cases, quilt and doona covers and mattress covers;\nBuilding Code means the latest edition of the Building Code of Australia published from time to\ntime by or on behalf of the Australian Building Codes Board, as amended from time to time,\nbut not including explanatory information published with that Code;\nChief Executive Officer means the Chief Executive Officer of the local government;\nChief Health Officer means a person appointed to this position under the provisions of the Public\nHealth Act 2016;\nCouncil means the Council of the local government;\ndistrict means—\nthe district of the local government under the Local Government Act 1995;\n\n","sortOrder":18},{"sectionNumber":"4538","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4538 GOVERNMENT GAZETTE, WA 29 August 2022\nany area placed under the jurisdiction of the local government under section 22 of the Act;\nand\nany river, or other water deemed to be within the district of the local government under\nsection 25 of the Act;\ndrinking water means drinking water as defined in the Australian Drinking Water Guidelines\ndeveloped by the National Health and Medical Research Council;\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;\nhabitable room means a room used for normal domestic activities, and—\nincludes a bedroom, living room, lounge room, music room, television room, kitchen, dining\nroom, sewing room, study, play-room, family room and sun-room or the like; but\nexcludes a bathroom, laundry, toilet, 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 Meekatharra;\nMedical Officer means the Medical Officer appointed by the local government under the Act and\nincludes an Acting Medical Officer so appointed;\nmorgue means a place for the temporary reception and keeping of the bodies of the dead awaiting\nburial or cremation;\nnuisance has the meaning given to it in section 182 of the Act;\npublic place includes every place to which the public ordinarily have access, whether by payment\nof a fee or not;\nsanitary convenience includes urinals, toilets, sinks, baths, wash troughs, apparatus for the\ntreatment of sewage, or other receptacle for the deposit of faecal matter, or refuse, and all\nsimilar conveniences;\nSchedule means a Schedule to this local law;\nsewage means any kind of sewage, faecal matter or urine, and any waste composed wholly or in\npart of liquid;\nsewer includes sewers and drains of every description, except drains to which the word “drain” as\ndefined in the Act applies, also water channels constructed of stone, brick, concrete, or any\nother material, including the property of 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 toilet bowl, or urinal and includes a room or cubicle in which one or more of these\nare located;\ntownsite means the townsites within the district which are constituted under section 26(2) of the\nLand Administration Act 1997 or referred to in clause 37 of the Schedule 9.3 of the Local\nGovernment Act 1995; and\nurinal may be—\nan individual stall or wall-hung urinal;\neach 600 millimetres length of a continuous urinal trough; or\na toilet bowl used in place of a urinal.\nWhere in this local law, a duty or liability is imposed on an “owner or occupier” the duty or liability\nshall be deemed to be imposed jointly and severally on each of the owner or occupier.\nWhere 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 forbidden\nto be done, as the case may be.\nPART 2—SANITATION\nDivision 1—Sanitary Conveniences\n2.1 Interpretation\nIn this Part, unless the context otherwise requires—\napparatus for the treatment of sewage has the same meaning as in section 3 of the Act;\nevent includes a fair, function or festival;\nlow lying land means land that has a height no more than 2 metres above Australian height\ndatum;\norganiser means a person—\nto whom approval has been granted by the local government to conduct the event; or\nresponsible for the conduct of the event;\npublic sanitary convenience means a sanitary convenience to which the public ordinarily have\naccess;\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4539\nreceptacle for drainage has the same meaning as in the Health (Treatment of Sewage and\nDisposal of Effluent and Liquid Waste) Regulations 1974 and includes the irrigation effluent\ndisposal area of an aerobic treatment system; and\ntemporary sanitary convenience means a sanitary convenience, temporarily placed for use by—\npatrons in conjunction with an event; or\nemployees at construction sites or the like.\n2.2 Dwelling house\nA person shall not use or occupy, or permit to be used or occupied, a dwelling house unless it has at\nleast one toilet.\nA room in which a toilet is located shall have adequate electrical lighting.\n2.3 Premises other than a dwelling house\nThe owner of premises other than a dwelling house shall not use or occupy, or permit to be used or\noccupied, premises other than a dwelling house unless—\nthe premises have sanitary conveniences in accordance with the Building Code and this Part;\nthe toilets required by this clause are situated within a reasonable distance and are easily\naccessible to the persons for whom they are provided; and\nthe premises have hand wash basins—\n(i) in accordance with the Building Code;\n(ii) for the use of persons employed or engaged on the premises;\n(iii) provided with an adequate supply of water supplied by taps located over each hand wash\nbasin;\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.\nThe occupier of the premises other than a dwelling house shall ensure that—\nclean toilet paper is available at all times in each cubicle;\na sanitary napkin disposal facility is provided in each toilet set aside for the use of females; and\neach hand wash basin is provided with—\n(i) an adequate supply of soap or other hand cleaning substances; and\n(ii) hand drying facilities, situated adjacent to and visible from the hand wash basin.\n2.4 Events\nThe 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”.\n2.5 Maintenance of sanitary conveniences and fittings\nThe occupier of premises shall—\nkeep clean, in good condition and repair; and\nwhenever required by an Authorised Officer, effectively disinfect and clean; all sanitary\nconveniences including sanitary fittings in or on the premises.\nThe owner of premises shall—\nkeep or cause to be kept in good repair; and\nmaintain an adequate supply of water to; all sanitary conveniences including sanitary fittings\nin or on the premises.\n2.6 Public sanitary conveniences\nA person shall not foul, damage or vandalise or write on or otherwise deface a public sanitary\nconvenience or sanitary fixtures or fittings or the premises in or on which the sanitary convenience is\nlocated.\nA person shall not live or sleep in or on the premises in which a public sanitary convenience is located\nor use it for a purpose other than that for which it was intended.\n2.7 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.\nDivision 2—Bathrooms, Laundries and Kitchens\n2.8 Bathrooms\nA person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nbathroom that is equipped with—\na hand wash basin; and\neither a shower in a shower recess or a bath.\n\n","sortOrder":19},{"sectionNumber":"4540","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4540 GOVERNMENT GAZETTE, WA 29 August 2022\nAll baths, showers, hand wash basins and similar fittings shall be provided with an adequate supply\nof hot and cold water.\nThe floor of the bathroom must be properly surfaced, with an even fall to a floor waste unless\notherwise approved, suitably trapped and discharging to—\nthe sewer of a licensed water service operator; or\nan apparatus for the treatment of sewage approved by the local government.\n2.9 Laundries\nWhere, in any building, a laundry is situated adjacent to a kitchen or a room where food is stored or\nconsumed, the laundry shall be separated from the kitchen by a wall extending from the floor to the\nroof or ceiling, unless otherwise approved.\nWhere there is an opening between a laundry and a kitchen or other room where food is stored or\nconsumed, the opening shall—\nnot be more than 1,220 millimetres wide; and\nhave a door which when closed shall completely fill the opening.\nA person shall not use or occupy, or permit to be used or occupied, a dwelling house without a laundry\nthat—\nis properly enclosed and roofed;\nis adequately lined with an impervious material;\nhas a floor of concrete or other approved impervious material of an approved thickness;\nis properly surfaced, with an even fall to a floor waste unless otherwise approved, suitably\ntrapped and discharging to—\n(i) the sewer of a licensed water service operator; or\n(ii) an on-site waste water disposal system of a type approved as approved by the local\ngovernment; and\nis provided with adequate ventilation.\nThe laundry referred to in subclause (1) must conform to the provisions of the Building Code and the\nHealth Act (Laundries and Bathrooms) Regulations.\nIn the case of a single occupancy dwelling, the laundry referred to in subclause (1) shall have—\neither—\n(i) two wash troughs;\n(ii) a washing machine and either a wash trough or a sink; and\nclothes drying facility comprising either a mechanical clothes dryer or not less than 20 metres\nof clothes line erected externally.\nAll wash troughs, sinks and washing machines shall be—\nin a laundry and connected to an adequate supply of hot and cold water; and\ninstalled to manufacturer’s specifications, and;\nall wash troughs shall have a capacity of at least 36 litres.\nSole or multiple occupancy units, each being a separate dwelling, shall have—\nlaundry facilities, in accordance with the Building Code, for the exclusive use of the occupants\nof each unit; or\na separate laundry, with communal laundry facilities in accordance with the Building Code,\nfor up to 4 sole occupancy units that do not have their own laundry facilities.\n2.10 Washing or keeping of clothes in kitchens\nA person shall not in any kitchen or other place where food is kept—\nwash or permit to be washed any clothing or bed linen; or\nkeep or permit to be kept any soiled clothing or bed linen.\n2.11 Kitchens\nA person shall not use or occupy, or permit to be used or occupied, a dwelling house without a kitchen\nwhich complies with the requirements of the Building Code and which is equipped with—\na cooking facility which is adequate in the opinion of an Authorised Officer; and\na sink which is adequate in the opinion of an Authorised Officer and which has an adequate\nsupply of hot and cold water.\nThe occupier of a dwelling house shall ensure that the stove, oven and sink are kept clean, in good\norder and repair and fit for use.\nA cooking facility shall—\nbe installed in accordance with the requirements of the Department of Mines, Industry\nRegulation and Safety, and the manufacturer’s specifications; and\nnot be installed or used in any room other than a kitchen.\nMechanical extraction shall be provided in a kitchen and the exhaust air shall be—\ncarried to the outside air as directly as practicable; and\nboxed throughout.\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4541\nIn this clause, a\ncooking facility includes a stove, oven, facility or appliance used for or in connection with the\ncooking 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 and any appurtenant buildings shall maintain the dwelling\nhouse and appurtenant buildings in sound condition and fit for use and, in particular, shall—\nmaintain all roofs in sound weatherproof condition;\nmaintain any footings, foundations and walls, either external or internal, in a sound condition;\nreplace any missing, broken, decayed or termite-eaten timber or other deteriorated material in\nany veranda, roof, walls, steps, handrails, floors or their supports with material of sound\nquality;\ncomply with the directions of an Authorised Officer to treat the premises for the purpose of\ndestroying any termites;\nmaintain any brick, stone, mortar or cement work in a sound condition;\nmaintain, repair or replace any flashings or ant caps which are missing or defective;\nmaintain all floors even in surface and free from cracks;\nmaintain all ceilings, internal wall finishes, skirting boards, architraves and other fixtures and\nfittings complete and with smooth unbroken surfaces;\nmaintain all doors and windows in good working order and weatherproof condition;\nretain all-natural lighting free from any obstruction which would reduce the natural lighting,\nbelow the ratio of 10% of the floor area;\nmaintain all pipes, fittings and fixtures connected with water supply, drainage or sewerage so\nthat they comply in all respects with the provisions of the Water Services Act 2012, the\nPlumbing Code of Australia and relevant associated standards, and any other legal\nrequirements to which they are subject;\nmaintain all electric wiring, gas services and fittings to comply with the requirements of all\nrelevant public authorities; and\nmaintain all ventilators in good order and repair.\n3.2 Guttering and downpipes\nThe owner or occupier of a dwelling house which has guttering and downpipes shall—\nmaintain all guttering, downpipes and drains on the premises in a good state of repair, clean\nand free from obstruction; and\nnot permit any rainwater from the premises to discharge from the guttering onto or over a\nfootpath, street or other property.\nDivision 2—Ventilation of Houses\n3.3 Exemption for short term hostels and recreational campsites\nThis division shall not apply to short term hostels and recreational campsites referred to in Division 2\nof Part 8.\n3.4 Overcrowding\nThe owner or occupier of a house shall not permit—\na room in the house that is not a habitable room to be used for sleeping purposes;\na habitable room in the house to be used for sleeping purposes unless—\n(i) for every person over the age of 10 years using the room there is at least 14 cubic metres\nof air space per person; and\n(ii) for every person between the ages of 1 and 10 years there is at least 8 cubic metres of air\nspace per person; or\nany garage, shed or area under a veranda or patio to be used for sleeping purposes.\n3.5 Calculated sufficient space\nFor the purpose of clause 3.4, in calculating the space required for each person—\neach room shall be considered separately and sufficient space shall be allowed in each room for\nthe number of persons present in the room at any one time; and\ndeduction shall be made for the space occupied by furniture, beds, equipment, fittings and\nprojections of the walls into a room.\nDivision 3—Water Supply\n3.6 Water suply\nThe owner of every house shall provide a continuous supply of drinking water, reticulated for use\nand obtained from—\na licensed water service operator;\n\n","sortOrder":20},{"sectionNumber":"4542","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4542 GOVERNMENT GAZETTE, WA 29 August 2022\nan underground bore; or\na rainwater storage system with a minimum capacity of 120,000 litres.\nThe water supply shall at all times deliver an adequate supply of drinking water to each tap in the\nhouse.\nThe water supply to toilets or for garden use may be from an alternative source that is not necessarily\ndrinking water but must comply with the requirements of relevant legislation, codes of practice or\nguidelines where applicable.\n3.7 Rainwater tanks\nThe owner or occupier of a house for which the water supply is drawn from a rainwater tank shall\nensure that it is managed and maintained so as to meet the relevant standards in the Australian\nDrinking Water Guidelines developed by the National Health and Medical Research Council and in\nparticular—\nmaintain in a clean condition—\n(iii) the roof forming the catchment for the tank; and\n(iv) the guttering and downpipes appurtenant to the roof;\nensure that each rainwater tank is fitted with a tight-fitting mosquito proof cover which shall\nnot be removed at any time except for the purpose of inspecting, cleaning, repairing or\nmaintaining the tank;\nif the tank water is breeding mosquitoes, eliminate the point of entry and treat with a small\nquantity of liquid paraffin at a rate of not more than 5 millilitres per square meter of surface\narea so as to form a thin even film over the whole surface or otherwise as advised by an\nAuthorised Officer;\ninspect the rainwater tank and associated components at least every 6 months including\ngutters, catchment roof, tank inlet, debris traps, mosquito cowls, inside of the tank, tank roof\nand connecting pipework and remove any accumulated debris, leaf material or other\ncontaminants evident and repair any damaged components;\nat least once every two years, inspect the bottom and walls of the tank for accumulated\nsediments, sludge and slime and where necessary thoroughly clean any tank which contains\nwater used for human consumption;\nwhen directed by an Authorised Officer, empty, clean and disinfect any tank upon the premises\nwhich contains water used for human consumption; and\ndispose of any organic material and water from cleaning and desludging operations around the\ngarden or yard ensuring that it is retained on site and does not cause a health nuisance.\n3.8 Pollution\nA person shall not deposit on or under any land, any sewage, offensive matter or any other thing which\nmay pollute or render unfit for human consumption, water from a well or other underground source.\nDivision 4—Morgues\n3.9 Licensing of morgues\nAll non-government morgues shall be licensed pursuant to the provisions of this clause.\nAn application for licence of a morgue shall be in a form as determined by the local government from\ntime to time and shall be—\nmade by the applicant;\nforwarded to the Chief Executive Officer with the fee as fixed by the local government from\ntime to time under Sections 6.16 to 6.19 of the Local Government Act 1995.\nA Certificate of Licence of a Morgue shall—\nbe in a form as determined by the local government from time to time; and\nexpire on 30 June next after the date of its issue.\n4. A Certificate of Licence of a Morgue shall not be granted in respect of any premises unless—\nprovision has been made for the keeping of the bodies of the dead at a temperature not\nexceeding zero degrees Celsius;\nthe walls are constructed of stone or brickwork or other approved material;\nthe interior surface of all walls is covered with glazed tiles or is rendered impervious so as to\nbe non-absorbent and washable;\nall floors are constructed of some impervious material, having a fall to an outlet discharging\nover a trapped gully; and\nthe premises are adequately ventilated by direct communication with the outside air.\nPART 4 –LIQUID REFUSE AND LIQUID WASTE\n4.1 Interpretation\napparatus for the treatment of sewage has the same meaning as in section 3 of the Health\n(Miscellaneous Provisions) Act 1911;\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4543\nliquid refuse includes all washing from the commercial cleaning of vehicles, overflow, bleed off,\ncondensate and drainage from air conditioning equipment including cooling towers and\nevaporative coolers and other liquid used for cooling purposes and swimming pool discharges;\nliquid waste means wastewater or any other liquid waste from domestic, industrial or commercial\nactivities, other than effluent; and includes bathroom, kitchen, scullery and laundry wastes, all\nwashings from animal and poultry pens and any other domestic or trade wastes that are\ndischarged by means of a drain to a receptacle for drainage;\nreceptacle for drainage has the same meaning as in the Health (Treatment of Sewage and\nDisposal of Effluent and Liquid Waste) Regulations 1974.\n4.2 Deposit of liquid refuse\nA person shall not deposit or cause or permit to be deposited liquid refuse—\non a street;\nin a storm water disposal system; or\non any land or place other than a place or depot duly authorised for that purpose.\nThe owner or occupier of land on which a swimming pool is constructed shall ensure that all backwash\nis not permitted to discharge onto or run-off onto adjacent land so as to cause a nuisance, or cause\ndamage to any structures situated on adjacent land.\nSubclause (2) 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 officer.\n4.3 Disposal of liquid waste\nThe 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 disposal\nof liquid waste.\nLiquid waste shall be disposed of by one of the following methods—\n(a) discharging it into the sewage system of a licensed water service operator in a manner approved\nby the licensed water service operator;\n(b) discharging it into an apparatus for the treatment of sewage approved by the Chief Health\nOfficer or the local government; or\n(c) collection and disposal at an approved liquid waste disposal site in a manner approved by the\nlocal government.\nPART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n5.1 Interpretation\ncar park means premises, or any part of premises, set aside for parking of 3 or more motor vehicles;\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;\nfertiliser includes manure;\nliquid waste means waste from any process or activity, whether useful or useless, that is in liquid\nform and includes paint, fuel, grease, fat, oil, degreaser, solvent, detergent, chemical, animal\nwaste, food waste, effluent and all discharges of liquid to land, air or water that are not\notherwise authorised by a written law but does not include uncontaminated stormwater;\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 to\nperform any work in relation to any land and without limiting the generality of the foregoing\nand for the avoidance of doubt includes a builder or contractor; and\npublic vehicle includes bus, tram, taxi or any other public transport.\n5.2 Escape of smoke etc.\nAn owner or occupier of premises shall take reasonable measures to prevent the escape of smoke,\ndust, fumes, offensive or foul odours, liquid waste or liquid refuse from the premises in such quantity\nor of such a nature as to cause or to be a nuisance.\nA person shall not on any land of an area 0.4 hectares or less, set fire to rubbish, refuse or other\nmaterials on rural residential zoned property unless—\nwritten approval has first been obtained from the local government;\nthe 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;\nthe material does not include any plastic, rubber, food scraps, green garden materials or other\nmaterial likely to cause the generation of smoke or odour in such quantity as to cause a\nnuisance to other persons;\na haze alert has not been issued by the Bureau of Meteorology for the period during which\nburning is to take place; and\n\n","sortOrder":21},{"sectionNumber":"4544","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4544 GOVERNMENT GAZETTE, WA 29 August 2022\nthe 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.\nSubclause (2) shall not apply to any barbeque, solid fuel water heater, space heater or ovens fired\nwith dry paper, dry wood, synthetic char or charcoal type fuel.\nSubclause (2) is subject to any fire danger rating as determined by the Bureau of Meteorology.\n5.3 Public vehicles to be kept clean\nThe owner or person in control of a public vehicle shall take reasonable measures to maintain the\nvehicle at all times—\nin a clean condition;\nfree from vectors of disease; and\nwhenever directed to do so by an Authorised Officer, thoroughly clean and disinfect the vehicle.\n5.4 Prohibition against spitting\nA person shall not spit on a footpath, street or within or on, any public place, building or facility\naccessible to the public which is within the local government’s jurisdiction.\n5.5 Dust management\nIf an owner or occupier of land intends to undertake any work involving the clearing of land, from\nwhich any sand or dust is likely to be released whether by means of wind, water or any other cause, the\nowner or occupier shall—\nsubmit to an authorised officer a Dust Management Plan in accordance with “A guideline for\nmanaging the impacts of dust and associated contaminants from land development sites,\nremediation and other related activities (2011)” as produced by the Department of Water and\nEnvironmental Regulation, and amended from time to time; and\nobtain written approval of the Dust Management Plan from an authorised officer before\ncommencement of any work.\nAn owner and or occupier of land must take effective measures to—\nstabilise dust on the land;\ncontain all liquid waste on the land;\nensure no dust or liquid waste is released or escapes from the land whether by means of wind,\nwater or any other cause; and\nnotify the owners or occupiers of adjoining land in writing 48 hours prior to the commencement\nof any activity that has the potential to cause the release or escape from the land of dust or\nliquid waste giving details of;\n(v) the nature of the activity;\n(vi) the proposed commencement time, frequency, duration time and location of the activity;\nand\n(vii) the name of the person responsible for carrying out the activity and how and where that\nperson may be contacted.\nThe local government may serve on the owner and or occupier a notice requiring the owner or occupier\nto undertake one or more of the following—\ncomply with subclause (2)(a) or (2)(b);\nclean up and properly dispose of any released or escaped dust or liquid waste;\nclean up and make good any damage resulting from the released or escaped dust or liquid\nwaste; and\ntake effective measures to stop any further release or escape of dust or liquid waste.\nThe requirements set out in a notice issued under subclause (3) must be complied with—\nwithin 48 hours of service of the notice where no other time is specified;\nwithin such other period as is specified in the notice; or\nimmediately, if the notice so specifies.\nWhere the local government forms the opinion that dust or liquid waste has escaped or has been\nreleased from an activity undertaken on land or as a consequence of the use of equipment on land, the\nlocal government may serve a notice on the owner and or occupier of the land and or the operator of the\nequipment, as the case may be, requiring that the activity or use of the equipment on the land be ceased\nimmediately, for such period as is specified in such notice.\nWhere the local government is of the opinion that dust or liquid waste may be released or escape as\na result of an activity which is likely to be carried on from any land, the local government may give to\nthe owner and or occupier a notice providing that the activity may only be carried on subject to\nconditions specified in the notice.\n5.6 Emission or reflection of light\nWhere artificial light is emitted or reflected from anything on a lot so as to contravene the\nrequirements of Australian Standard AS 4282, then every owner and occupier of the lot commits an\noffence.\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4545\nWhere natural light is reflected from anything on a lot so as to create or be a nuisance to any—\nowner or occupier of land; or\nperson using a thoroughfare as a thoroughfare, then every owner and occupier of the lot\ncommits an offence.\nAll lighting installations as defined within the Australian Standard AS 4282 must be maintained in\ngood working order and repair at all times.\nAn owner and or occupier of a lot on which floodlights, lighting installations or other exterior lights\nare erected or used shall not allow the floodlights or other exterior lights to shine directly onto an\nadjoining lot.\nThe local government may give a notice to the owner and or occupier of a lot—\nrequiring that any reflective surfaces creating a nuisance within clause 5.6(1) be painted or\notherwise treated so as to abate the nuisance; and\non which floodlights, lighting installations or other exterior lights are erected, requiring—\n(i) the hours of use of the lighting to be limited to the hours specified in the notice; or\n(ii) the direction in which the lights are shining to be altered as specified in the notice.\n5.7 Use or storage of fertiliser\nAn owner or occupier of premises shall not use or keep for the purpose of use, as fertiliser any—\npig manure;\nhuman faeces; or\nurine.\nDivision 2—Keeping of Animals\n5.8 Cleanliness\nAn owner or occupier of premises in or on which a dog, cat or other animal or bird is kept shall—\nkeep the premises free from excrement, filth, food waste and all other matters which is or is\nlikely to become offensive or injurious to health or to attract rats or other vermin and vectors\nof disease;\nwhen so directed by an Authorised Officer, clean and disinfect the premises; and\nkeep the premises, so far as possible, free from flies or other vermin and vectors of disease by\nspraying with a residual insecticide or other effective means.\n5.9 Animal enclosures\nA person shall not keep or cause or permit to be kept any animals or birds on premises which are not\neffectively drained or of which the drainage flows to the walls or foundations of any building.\nThe owner or occupier of premises where animals or birds are kept shall, when directed by an\nAuthorised Officer, pave, grade and drain floors of all structures and the surface of the ground of all\nenclosures used for the keeping of animals or birds.\nThe owner or occupier of premises where an animal is kept must ensure that each animal is kept in\na suitable enclosure that effectively prevents it from escaping.\nThe owner or person in charge of livestock shall not permit livestock to stray or to be at large in a\nstreet, public place or upon private property without the consent of the property owner.\n5.10 Disposal of dead animals\nAn owner or occupier of premises on which there is a dead animal shall immediately remove the\ncarcass and arrange for its disposal at an approved disposal site.\nAn owner, or a person having the care of any animal that dies or is killed in a public or private place,\nshall immediately remove the carcass and arrange for its disposal at an approved disposal site.\nThe requirements of subclauses (1) and (2) shall not apply to farmers, pastoralists and the like who\ndispose of carcasses on rural land in a manner that is not likely to pollute or be dangerous or injurious\nto health.\nAn owner or operator of a veterinary practice where dead animals are kept for more than 12 hours\nshall refrigerate the carcass prior to its removal and disposal, at an approved disposal site.\nDivision 3—Keeping of Approved Animals\n5.11 Interpretation\napproved animal includes a horse, cow, pig, sheep, camel, alpaca, llama, deer, goat or other large\nanimal;\ncow includes an ox, calf or bull;\nhorse includes an ass, mule, donkey or pony; and\nnatural shelter means a mature tree or belt of trees.\n5.12 Keeping of approved animals and provision of stables\nAn owner or occupier of premises shall not keep an approved animal within a ssd with the\nrequirements of the Building Code, and which—\nis not situated within 15 metres of a house;\n\n","sortOrder":22},{"sectionNumber":"4546","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4546 GOVERNMENT GAZETTE, WA 29 August 2022\nhas exclusive space for each animal of 0.2 hectares;\nis constructed of weatherproof materials and of a design which provides adequate protection\nfrom the elements;\nprovides adequate natural ventilation;\nprevents the animal from escaping; and\nsubject to subclauses (6) and (8), has a floor, which—\n(i) is constructed of a material approved by an Authorised Officer; and\n(ii) has a fall which effectively drains liquid wastes into a trapped gully situated outside the\nstable and discharged in a manner approved by an Authorised Officer.\nAn application for approval to keep an approved animal shall include the following information—\na plan of the property, at a scale not less than 1:200, with dimensions clearly marked, showing\nwhere it is proposed that the animal is to be kept and the distance of that location from any\nresidential building on another lot, or commercial premises;\na sketch plan, at a scale of 1:100, indicating the nature of the shelter or housing to be provided\nfor the animal; and\na detailed written plan for the management of manure which addresses—\n(i) control of flies and other vermin;\n(ii) disease prevention; and\n(iii) prevention of nuisance odours.\nThe local government may vary the conditions of approval after it has been issued, and shall give\nnotice of such variation to the owner or occupier within 14 days of such variation.\nThe local government may cancel its approval in the event that the owner or occupier—\nfails to comply with any condition of the approval; or\nbreaches this clause.\nThe owner or occupier of premises on which a stable is located shall—\nmaintain the stable in a clean and hygienic condition at all times;\nkeep all parts of the stable so far as possible free from flies, vermin or other vectors of disease;\nby spraying with an approved residual insecticide or other effective means; and\ncomply with the relevant requirements of the Biosecurity and Agriculture Management\nAct 2007 and the Biosecurity and Agriculture Management (Stable Fly) Management Plan 2019\n(as amended from time to time by the Department of Primary Industries and Regional\nDevelopment).\nThe owner or occupier of a stable shall comply with any direction or notice of an Authorised Officer\nin relation to its state of repair, cleanliness, hygiene, control of pests or any other matter which is\nconsidered necessary to prevent health nuisances or maintain a satisfactory standard for the keeping\nof animals therein.\nThe owner or occupier of premises that contains a stable is to ensure a stable shall—\n(a) have a proper separate stall for each horse or cow;\nand\n(i) with walls measuring not less than 3 metres, both horizontally and vertically, unless it\nhas a sand floor provided in accordance with subclause (8)(f); and\n(ii) with a floor area of not less than 11 square metres, unless it has a sand floor provided in\naccordance with subclause (8)(f);\n(d) have each wall and roof constructed of an approved impervious material;\n(e) have a roof that covers the entire floor area of the stall;\n(f) have on all sides of the building between the wall and the roof a clear opening of at least 150\nmillimetres in height;\n(g) subject to subclause (8)(f), have a floor, the upper surface of which shall—\n(i) be at least 75 millimetres above the surface of the ground;\n(ii) be constructed of cement, concrete or other similar impervious materials; and\n(iii) have a fall ratio of 1:100 to a drain, which shall empty, into a trapped gully situated\noutside the stable and shall discharge in a manner approved by the local government; or\nhave a sand floor, if permitted by the local government, subject to the following—\n(i) the site must be well drained with the highest known water table at least 0.6 metres\nbelow the sand floor level, which may be achieved artificially;\n(ii) a 300 millimetres thick bed of aggregate approved by an authorised officer shall be laid\nunder the sand of the stable;\n(iii) sand, whether natural or imported, must be clean, coarse and free from dust;\n(iv) footings to each stable shall be a minimum of 450 millimetres below ground level;\n(v) the stable design must allow for the access of small earth moving machinery, such as a\nskid steer loader, into each individual stall, to maintain the correct floor height;\n(vi) the minimum floor area of each stall shall be not less than 28 square metres and walls\nshall not be less than 3 metres vertically or 4 metres horizontally; and\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4547\n(vii) the roofed area of each stall shall not be less than 50 percent of the floor area of the stall.\nWhere an owner had lawful authority to keep an approved animal on their premises prior to\nthis local law coming into operation, they are not required to obtain approval under this clause;\nhowever they will not substitute or replace any approved animal once that animal—\n(i) dies; or\n(ii) is permanently removed from the premises.\n5.13 Proximity of approved animals to a dwelling house\nAn owner or occupier of premises shall not permit an approved animal to approach within 30 metres of\na dwelling house.\n5.14 Manure receptacles\nAn owner or occupier of premises on which a stable is constructed shall—\nprovide in a position convenient to the stable a receptacle for manure, constructed of smooth,\nimpervious, durable material that is easily cleanable and provided with a tight fitting hinged\ncover, and with no part of the floor lower than the surface of the adjoining ground;\nkeep the lid of the receptacle closed except when manure is being deposited or removed;\ncause the receptacle to be emptied at least once a week and as often as may be necessary to\nprevent it coming offensive or a breeding place for flies or other vectors of disease;\nkeep the receptacle so far as possible free from flies or other vectors of disease by spraying with\na residual insecticide or other effective means; and\ncause all manure produced on the premises to be collected daily and placed in the receptacle,\nor comply with such other arrangements as approved by an Authorised Officer.\nDivision 4—Keeping of Poultry and Pigeons\n5.15 Interpretation\npoultry includes fowls, peafowls, turkeys, geese, ducks, chickens, bantams and other domestic\nfowls;\npigeons are birds that are classified within the family Columbidae and includes doves; and\nmiscellaneous birds include all birds other than poultry and pigeons.\nThis division applies to the keeping of poultry on residential properties for domestic purposes and\nnot to commercial poultry establishments such as broiler, breeder or egg producing farms.\nCommercial poultry establishments mentioned in subclause (2) are to manage operations in\naccordance with the Environmental Code of Practice for Poultry Farms in Western Australia 2004\nproduced by the Western Australian Broilers Growers Association and Poultry Farmers Association of\nWestern Australia, in conjunction with state and local authorities to control environmental and health\nnuisances.\n5.16 Limitation on numbers of pigeons, poultry and miscellaneous birds\nAn owner or occupier of premises in a townsite shall not keep a combined total of more than\n12 poultry and 12 pigeons on any one lot of land, unless approved by an Authorised Officer.\nAn Authorised Officer may issue a written notice to the owner or occupier of land, whether in a\ntownsite or not, where poultry or pigeons are kept for the number of poultry and pigeons to be reduced\nto ensure that a health nuisance does not exist.\nAn Authorised Officer may increase the number of poultry or pigeons kept on any one lot of land if\nsatisfied that a health nuisance does not exist.\nAn owner or occupier shall not keep more than 20 miscellaneous birds on any premises within the\ndistrict unless otherwise approved.\nAn owner or occupier shall not keep pigeons, poultry or miscellaneous birds so as to create a nuisance.\nAn Authorised Officer may apply relevant conditions, or require a reduction of the approved number\nof poultry, pigeons, or miscellaneous birds on any premises within the district, or alternatively prohibit\nthe keeping of poultry, pigeons, or miscellaneous birds on a particular premises, if the conditions of this\nDivision are not complied with or if unreasonable noise or a nuisance is being caused.\nAn owner or occupier shall comply with a direction of an authorised officer under this clause.\nSubclause (4) does not apply to premises used for veterinary purposes or as a pet shop.\n5.17 Conditions of keeping poultry\nA person who keeps poultry or permits poultry to be kept shall ensure that—\nall poultry is kept in a properly constructed and securely fastened structure or enclosure;\nthe structure or enclosure is in a yard having an otherwise unobstructed area of at least 30\nsquare metres; and\nno poultry is able to approach within 15 metres of a street other than a right of way unless, in\nthe case of land at the junction of two or more streets, an Authorised Officer has approved a\nlesser distance.\nA person who keeps poultry or permits poultry to be kept shall ensure no poultry is able to encroach\nwithin 9 metres of a dwelling house, public building, or premises where people are employed or premises\nwhere food is stored, prepared manufactured or sold.\n\n","sortOrder":23},{"sectionNumber":"4548","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4548 GOVERNMENT GAZETTE, WA 29 August 2022\n5.18 Roosters, Geese, Turkeys, Peafowl and Gamebirds\nAn owner or occupier of premises shall not within a townsite or on properties with an area of 2\nhectares or less, keep or permit to be kept on those premises, any one or more of the following birds\nwithout the written approval of the local government—\na rooster;\na goose or gander;\na turkey;\na peacock or peahen; and\na gamebird (includes emus and ostriches).\nAn Authorised Officer may, upon written application, grant approval with or without conditions to\nthe owner or occupier of premises to keep on the premises a specified number of birds under this clause.\nAn Authorised Officer may rescind approval for the keeping of birds under this clause if they cause\na nuisance.\n5.19 Conditions of keeping pigeons\nA person who keeps, or permits to be kept, pigeons shall ensure that—\nnone is able to approach within 9 metres of a dwelling, public building or premises where people\nare employed or where food is stored, prepared, manufactured or sold; and\nexcept where homing pigeons are freed for exercise, the pigeons are kept in a properly\nconstructed pigeon loft that is in a yard having an otherwise unobstructed area of at least 30\nsquare metres.\n5.20 Removal of nonconforming structures or enclosures\nIf a structure or enclosure is used for the keeping of poultry or pigeons contrary to the provisions of\nclauses 5.17 or 5.19, as applicable, an Authorised Officer may direct the owner or occupier to amend it\nor remove it.\n5.21 Restrictions on pigeon nesting or perching\nAn Authorised Officer may order an owner or occupier of a house or other structure in or on which\npigeons are, or are in the habit of, nesting or perching so as to create a health nuisance to take adequate\nsteps to prevent them continuing to do so.\n5.22 Restrictions on feeding wild birds\nA person shall not feed a pigeon, dove, seagull, ibis, raven or other wild bird—\nso as to cause a nuisance or be injurious or dangerous to health; or\nwith a food or substance that is not a natural food of a bird.\nWhere an authorised officer forms the opinion that a person has not complied with subclause (1) the\nauthorised officer may serve the person a notice requiring the person to clean up and properly dispose\nof any feed or waste products specified in the notice.\nDivision 5—Feedlots\n5.23 Interpretation\nfeedlot means a confined area with watering and feeding facilities where animals are held and fed\nfor the purpose of weight gain;\nanimal includes cattle, sheep, goats, deer and the like; and\nsensitive land use means land use sensitive to emissions from industry and infrastructure, and\nincludes land uses of residential developments, hospitals, hotels, motels, hostels, caravan\nparks, schools, nursing homes, child care facilities, shopping centres, playgrounds, public\nbuildings, commercial and industrial land uses which require a high level of amenity or are\nsensitive to particular emissions.\n5.24 Premises to be approved\nNo premises shall be used as a feedlot unless approved by the local government.\nNotwithstanding subclause (1), cattle feedlots with more than 500 animals are to be licensed under\n","sortOrder":24},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"(Category 1) of the Environmental Protection Regulations 1987.","content":"Schedule 1 (Category 1) of the Environmental Protection Regulations 1987.\n5.25 Management of beef cattle feedlots\nBeef cattle feedlots are to be operated and managed in accordance with the National Guidelines for Beef\nCattle Feedlots in Australia (2012).\n5.26 Compliance with direction or notice of an Authorised Officer\nThe owner or occupier of a feedlot shall comply with any direction or notice of an Authorised Officer in\nrelation to its state of repair, cleanliness, hygiene, control of pests or any other matter which is\nconsidered necessary to prevent health nuisances or maintain a satisfactory standard for the keeping\nof animals therein.\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4549\nPART 6—PEST CONTROL\nDivision 1—Flies\n6.1 Interpretation\nIn this division, unless the context otherwise requires, flies means any of the two-winged insects\nconstituting the order Diptera commonly known as flies.\n6.2 Control of flies\nOwners and occupiers of any land within the district that is breeding flies, or that is likely to breed\nflies, are to comply with the requirements of the Fly Eradication Regulations.\nDivision 2—Mosquitoes\nIn this division, unless the context otherwise requires mosquitoes means any of the two-winged insects\nconstituting the family Diptera Clicidae commonly known as mosquitoes.\n6.4 Measures to be taken to prevent mosquito breeding\nAn owner or occupier of premises shall ensure that the premises are kept free from possible mosquito\nbreeding sites and shall–\nfollow any direction or notice of an Authorised Officer for the purpose of—\n(i) controlling the prevalence of mosquitoes;\n(ii) eradication of mosquitoes; and\n(iii) effectively preventing the breeding of mosquitoes; and\nassist an Authorised Officer to locate any possible mosquito breeding sites that may be present\nin or about the premises.\n6.5 Measures to be taken by occupier\nAn occupier of premises where water is kept in a horse trough, poultry drinking vessel or other\nreceptacle shall—\nfrequently change the water; and\nkeep the water clean and free from vegetable matter and slime. Where it appears to the\nauthorised officer that there is, on any premises, undergrowth or vegetation likely to harbour\nmosquitoes, the authorised officer may direct the owner or occupier of the premises to cut down\nand remove within a specified time the undergrowth or vegetation.\n6.6 Removal of undergrowth or vegetation\nWhere it appears to an Authorised Officer that there is, on any premises, undergrowth or vegetation\nlikely to harbour mosquitoes, the officer may direct, orally or in writing, the owner or occupier of the\npremises to cut down and remove within a specified time the undergrowth or vegetation.\n6.7 Filling in excavations etc.\nA person who undertakes any activity on any land which creates an excavation likely to hold water and\ncause mosquito breeding shall as soon as practicable following the completion of the activity, and taking\ninto consideration the purpose of the excavation, ensure that the excavation is filled in with clean\nmaterial and made level with the surrounding surface or alternatively treated with an approved\npesticide to control mosquito breeding.\n6.8 Drains, channels and septic tanks\nAn owner or occupier of land shall—\ncause all drains and channels in or on the land to be kept in good order and free from\nobstruction; and\nwhere a septic tank is installed on the land—\n(i) apply an approved larvicide according to the direction on the container, into the septic\ntank system, whenever directed to do so by an Authorised Officer; and\n(ii) provide, and keep in sound condition at all times, wire mesh having openings no larger\nthan 1.2 millimetres covering any inlet vent to the tank.\n6.9 Drainage of land\nAn owner or occupier of land upon which there is water liable to become a breeding place for mosquitoes\nshall, when required by the local government, effectively drain the land and, for that purpose, shall—\nmake or provide drains on the land;\nremove all irregularities in the surface of the land; and\nif necessary, adjust the surface of the land or raise the level of the surface in such a manner\nthat—\n(i) the water on the land may flow into the drains without obstruction;\n(ii) no water shall remain on any portion of the land other than the drains; and\n(iii) keep all drains in good order and free from obstruction.\n\n","sortOrder":25},{"sectionNumber":"4550","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4550 GOVERNMENT GAZETTE, WA 29 August 2022\nDivision 3—Rodents\n6.10 Interpretation\nIn this division rodents means those animals belonging to the order Rodentia and includes rats and\nmice but does not include native rodents, laboratory bred rats and mice or animals (other than rats)\nkept as pets in an enclosure designed for the purpose of keeping as pets animals of that kind.\n6.11 Measures to be taken to eradicate rodents\nAn owner or occupier of premises shall at all times take effective measures to eradicate any\nrodents in or on the premises.\nA person must not store, or allow to be stored, on any premises, any food, refuse or other waste\nmatter unless it is contained in a rodent proof receptacle or compartment.\nAn Authorised Officer may direct, orally or in writing, an owner or occupier of premises to take\nwhatever action, in the opinion of the Authorised Officer, is necessary to prevent the presence\nof rodents in or on the premises.\nDivision 4—Cockroaches\n6.12 Interpretation\nThis this division cockroach means any of the various orthopterous insects commonly known as\ncockroaches.\n6.13 Measures to be taken to eradicate cockroaches\nAn owner or occupier of premises shall take effective measures to eradicate any cockroaches in or on\nthe premises.\nAn Authorised Officer may direct, orally or in writing, an owner or occupier of premises to take\nwhatever action is necessary to prevent or deter the presence of cockroaches in or about the premises.\nAn owner or occupier shall within the time specified comply with any direction given by an Authorised\nOfficer.\nDivision 5—Argentine Ants\n6.14 Interpretation\nIn this division Argentine ant means an ant belonging to the species Linepithema humile (formerly\nIrdomyrmex humilis).\n6.15 Measures to be taken to keep premises free from Argentine ants\nAn owner or occupier of premises shall comply with the requirements of an Authorised Officer if an\ninfestation of Argentine ants are found on their premises.\nDivision 6—European Wasps\n6.16 Interpretation\nIn this division European wasp means a wasp belonging to the species Vespula germanica.\n6.17 Measures to be taken to keep premises free from European wasp nest\nAn owner or occupier of premises shall ensure that the premises are kept free from European wasp\nnests and shall—\nimmediately notify the local government of any wasp nest in, on or about the premises that is\nsuspected to be a European wasp nest;\nfollow any direction of an Authorised Officer for the purpose of destroying the wasps and their\nnest; and\nassist an Authorised Officer, of his or her representative, to trace any nest that may be present\nin, on or about the premises.\nDivision 7—Bee Keeping\n6.18 Interpretation\nIn this division—\nbee means an insect belonging to any of the various hymenopterous insects of the super family\nApoidea and commonly known as bee; and\nhive means a moveable or fixed structure, container or object in which a colony of bees is kept.\n6.19 Limitation on numbers of hives\nA person shall not keep or permit the keeping of bees anywhere within the district unless approval\nto do so has been given by an Authorised Officer.\nSubject to subclauses (3) and (4), a person shall not keep or permit the keeping of bees in more than\n2 hives on a lot.\nAn Authorised Officer may, upon written application, consent, with or without conditions, to a person\nkeeping bees in more than 2 hives on a lot.\nA person shall comply with any conditions imposed by an Authorised Officer under subclause (3).\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4551\n6.20 Restrictions on keeping of bees in hives\nA person shall not keep or permit the keeping of bees in a hive on a lot unless, at all times—\nan adequate and permanent supply of water is provided on the lot which is readily accessible\nto bees;\nno more than 2 hives are kept on land of less than 2,000 square metres in area unless otherwise\napproved;\nthe hive is kept—\n(i) outside, and at least 10 metres from, any building other than a fence;\n(ii) at least 10 metres from any footpath, street, private street or public place; and\n(iii) at least 5 metres from the boundary of the lot;\nthe hive is enclosed on all sides by a fence, wall or other enclosure to encourage bees to fly at a\nheight over the property boundary; and\nthe person is registered as a beekeeper if required by the Biosecurity and Agriculture\nManagement (Identification and Movement of Stock and Apiaries) Regulations 2013.\n6.21 Bees which cause a nuisance not to be kept\nA person shall not keep, or permit the keeping of, bees which cause a nuisance.\nAn Authorised Officer may direct any person to remove any bees or beehives which in the opinion of\nthe Authorised Officer are causing a nuisance.\nDivision 8—Arthropod Vectors of Disease\n6.22 Interpretation\nIn this division arthropod vectors of disease includes—\nfleas (Siphonaptera);\nbedbugs (Cimex lectularious);\ncrab lice (Phthirus pubis);\nbody lice (Pediculus humanus var. corporis); and\nhead lice (Pediculus humanus var. capitis).\n6.23 Responsibility of the owner or occupier\nThe owner or occupier of the premises shall—\nkeep the premises and any person residing in or on the premises free from any arthropod\nvectors of disease; and\ncomply with the direction of an Authorised Officer to treat the premises, or anything on the\npremises, for the purpose of destroying any vectors of disease.\n6.24 Local government may execute work and recover costs\nWhere—\na person is required under this part or directed by a notice given under this part to execute any\nwork; and\nthat person fails or neglects to comply with the requirement, the local government may execute\nthe work and recover from that person the cost of executing the work, in addition to any penalty\nfor which that person may be liable.\nThe costs and expenses incurred by the local government in the execution of a power under subclause\n(1) may be recovered in a court of competent jurisdiction from that person.\nThe local government is not liable to pay compensation or damages of any kind to the person referred\nto in subclause (1) in relation to any action taken by the local government under this clause, other than\ncompensation or damages for loss or damage suffered because the local government acted negligently\nor in breach of duty.\n","sortOrder":26},{"sectionNumber":"Part 7","sectionType":"part","heading":"INFECTIOUS DISEASES","content":"PART 7—INFECTIOUS DISEASES\nDivision 1—General Provisions\n7.1 Purpose of exercise of powers\nThe powers under this Part are to be exercised for the purpose of preventing or controlling the spread\nof an infectious disease\n7.2 Authorised Officer may visit, inspect and report\nAn Authorised Officer may visit and inspect any house, its occupants, fixtures and fittings,\noutbuildings, yards, drains and sewers connected with any house where an infectious disease has been\nidentified or where an infectious disease is suspected in order to check or prevent the spread of any\ninfectious disease.\n7.3 Requirements on owner or occupier to clean, disinfect and disinfest\nAn Authorised Officer may, by notice in writing, direct an owner or occupier of premises, within the\ntime and in the manner specified in the notice, to clean, disinfect and disinfest—\nthe premises; or\n\n","sortOrder":27},{"sectionNumber":"4552","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4552 GOVERNMENT GAZETTE, WA 29 August 2022\nsuch things in or on the premises as are specified in the notice; or both, to the satisfaction of an\n7.4 Authorised Officer may disinfect or disinfest the premises\nWhere the local government or the Medical Officer is satisfied that any case of infectious disease has\noccurred on any premises, the local government or the Medical Officer may direct an Authorised Officer,\nother local government officer or other person to disinfect and disinfest the premises or any part of the\npremises and anything in or on the premises.\nAn owner or occupier of premises shall permit, and provide access to enable, an Authorised Officer,\nother local government officer or other person to carry out the direction given under subclause (1).\nThe local government may recover the cost of carrying out the work under this clause from the owner\nor occupier of the premises in or on which the work was carried out.\nThe local government is not liable to pay compensation or damages of any kind to the owner or\noccupier of premises in relation to any action taken by the local government of any of its staff under\nthis clause, other than compensation or damages for loss or damage suffered because the local\ngovernment or any of its staff acted negligently or in breach of duty.\n7.5 Insanitary houses, premises and things\nAn owner or occupier of any house or premises shall maintain the house or premises free from any\ninsanitary condition or thing.\nWhere the local government considers that a house is insanitary, it may, by notice in writing, direct\nan owner of the house, within the time and in the manner specified in the notice, to destroy or amend\nthe house.\nWhere an Authorised Officer considers that—\na house or premises is not being maintained in a sanitary condition; or\nanything is insanitary, the officer may, by notice in writing, direct, as the case may be—\n(i) the owner or occupier of the house or premises to amend any insanitary condition; or\n(ii) the owner or occupier of the thing to destroy or amend it, within the time and in the\nmanner specified in the notice.\nA person who is given notice under subclauses (2) or (3) shall comply with the terms of the notice.\n7.6 Medical Officer may authorise disinfecting\nWhere the Medical Officer believes that a person is or may be infected by an infectious disease, the\nMedical Officer may direct the person to have his or her body, clothing and effects disinfected at a place\nand in a manner directed by the Medical Officer.\n7.7 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—\nshall obey such instructions or directions as the local government or the Medical Officer may\nissue; and\nmay 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 directs otherwise.\n7.8 Declaration of infected house or premises\nTo prevent or check the spread of infectious disease, the local government or the Medical Officer may\nfrom time to time declare any house or premises to be infected.\nA person shall not enter or leave any house or premises declared to be infected without the written\nconsent of the Medical Officer or an Authorised Officer.\n7.9 Destruction of infected animals\nAn Authorised Officer, upon being satisfied that an animal is or may be infected or is liable to be infected\nor to convey infection may, by notice of 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 animal\ndestroyed and disposed of—\nin the manner and within the time specified in the notice; and\nby the person in whose possession, or upon whose premises, the animal is located.\n7.10 Disposal of a body\nAn 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, within\nsuch time and with such precautions as may be directed by the Medical Officer.\nA body shall not be removed from the premises where death occurred except to a cemetery or a\nmorgue.\n7.11 Local government may carry out work and recover costs\nWhere—\na person is required under this division or by a notice given under this division, to carry out\nany work; and\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4553\nthat person fails or neglects to comply with the requirement, that person commits an offence\nand the local government may carry out the work or arrange for the work to be carried out by\nanother.\nThe costs and expenses incurred by the local government in the execution of a power under this\nclause may be recovered from the person referred to in subclause (1).\nThe local government is not liable to pay compensation or damages of any kind to the person referred\nto in subclause (1) in relation to any action taken by the local government under this clause, other than\ncompensation or damages for loss or damage suffered because the local government acted negligently\nor in breach of duty.\nDivision 2—Disposal of Used Condoms and Needles\n7.12 Disposal of used condoms\nAn occupier of premises on or from which used condoms are produced shall ensure that the condoms\nare—\nplaced in a sealed impervious container and disposed of in a sanitary manner; or\ndisposed of in such a manner as may be directed by an Authorised Officer.\nA person shall not dispose of a used condom in a public place except in accordance with subclause\n(1).\n7.13 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\nIn this part—\naccommodation means one or more buildings used for boarding purposes referred to in this part;\nbed means a sleeping berth consisting of—\na single berth; or\na double berth provided for the use of couples, which shall have the same floor space\nrequirements as two single beds;\nbunk means a sleeping berth compromising one of two beds arranged vertically;\ndormitory means a building or room utilised for sleeping purposes at a short term hostel or\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\naccommodation , as the keeper of that accommodation;\nlaundry unit means a facility consisting of—\na washing machine with a capacity of not less than 4 kilograms of dry clothing;\neither an electric drying cabinet or not less than 30 metres of clothes line;\none wash trough of not less than 45 litres capacity, connected to both hot and cold water;\nand\nA 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 and wash trough provided with the\ncommunal facilities; and\n(ii) has a delivery rate of not less than 5 litres per minute for each washing machine or a\nhigher delivery rate according to the manufacturer’s specifications;\nlodger means a person who obtains, for hire or reward, board or lodging in accommodation;\nlodging house includes a recreational campsite, a serviced apartment and a short-term hostel and\nhas the same meaning as defined in Section 3 of the Health (Miscellaneous Provisions) Act 1911;\nmanager means a person duly appointed by the keeper in accordance with this division to reside\nin, and have the care and management of, accommodation;\nmanufacturer’s specifications means a data sheet describing the technical characteristics of a\nproduct which is published by a manufacturer to help consumers use the product;\nrecreational campsite means a lodging house—\nsituated on a campsite principally used for—\n(i) recreational, sporting, religious, ethnic or educational pursuits, or\n(ii) conferences or conventions; and\nwhere the period of occupancy of any lodger is not more than 14 consecutive days, and\nincludes youth camps, youth education camps, church camps and riding schools;\n\n","sortOrder":28},{"sectionNumber":"4554","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4554 GOVERNMENT GAZETTE, WA 29 August 2022\nbut does not include a camp or caravan within the meaning of the Caravan Parks and\nCamping Grounds Act 1995;\nregister of lodgers means the register kept in accordance with this Part;\nregister of keepers means a register by the local government in which is registered the names and\nresidences of the keepers of all accommodation within its district and the situation of every\nsuch accommodation and the number of persons authorised by the local government to be\nresident therein;\nresident means a person, other than a lodger, who resides in accommodation;\nserviced apartment means a lodging house in which each sleeping apartment, or group of sleeping\napartments in common occupancy, is provided with its own sanitary conveniences and may\nhave its own cooking facilities;\nshort term hostel means a lodging house where the period of occupancy of any lodger is not more\nthan 14 consecutive days and shall include youth hostels and backpacker hostels;\nsleeping apartment means a room used for lodgers to sleep in; and\nvector of disease means an arthropod or rodent that transmits, by biological or mechanical means,\nan infectious agent from a source or reservoir to a person, and includes fleas, bedbugs, crab lice\nand head lice.\n8.2 Accommodation not to be kept unless registered\nA person shall not keep or cause, suffer or permit to be kept accommodation unless—\nthe accommodation is constructed in accordance with the requirements of this Part;\nthe accommodation is registered by the local government under clause 8.4; and\nthe name of the person keeping the accommodation is entered in the register of keepers.\n8.3 Application for registration\nAn application for registration of accommodation shall be—\nin the form as determined by the local government from time to time;\nduly completed and signed by the proposed keeper; and\naccompanied by—\n(i) the fee as fixed from time to time by the local government under Sections 6.16 to 6.19 of\nthe Local Government Act 1995; and\n(ii) detailed plans and specifications of the accommodation.\n8.4 Certificate of Registration of accommodation\nThe local government may approve, with or without conditions, an application under clause 8.3 by\nissuing to the applicant a Certificate of Registration of accommodation in a form as determined by the\nlocal government from time to time.\n8.5 Renewal of registration\nA person who keeps accommodation which is registered under this Part shall—\nduring the month of June in each year apply to the local government for the renewal of the\nregistration of the accommodation; and\npay the fee as fixed from time to time by the local government under Sections 6.16 to 6.19 of\nthe Local Government Act 1995 at the time of making each application for renewal.\n8.6 Notification upon sale or transfer\nIf the owner of accommodation house sells or transfers or agrees to sell or transfer the accommodation\nto another person, he or she shall, within 14 days of the date of sale, transfer or agreement, give to the\nChief Executive Officer, in a form as determined by the local government from time to time, written\nnotice of the full name, address and occupation of the person to whom the lodging house has been, or is\nto be, sold or transferred.\n8.7 Revocation of registration\nSubject to subclause (3), the local government may, at any time, revoke the registration of\naccommodation for any reason which, in the opinion of the local government, justifies the revocation.\nWithout limiting the generality of subclause (1), the local government may revoke a registration upon\nany one or more of the following grounds—\nthat the accommodation has not, to the satisfaction of an Authorised Officer, been kept free\nfrom vectors of disease or in a clean, wholesome and sanitary condition;\nthat the keeper has—\n(i) been convicted of an offence against these local laws in respect of the lodging house; or\n(ii) not complied with a requirement of this Part; or\n(iii) not complied with a condition of registration;\nthat the local government, having regard to a report from the Police Service, is satisfied that\nthe keeper or manager is not a fit and proper person; and\nthat, by reason of alterations or additions or neglect to repair or renovate, the condition of the\naccommodation is such as to render it, in the opinion of an Authorised Officer, unfit to remain\nregistered.\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4555\nBefore revoking the registration of accommodation under this clause, the local government shall give\nnotice to the keeper requiring him or her, within a time specified in the notice, to show cause why the\nregistration should not be revoked.\nWhenever the local government revokes the registration of accommodation, 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 general construction requirements of accommodation shall comply with the Building Code.\n8.9 Insect screening\nThe keeper shall provide and maintain in good working order and condition on the premises windows\nand external doors that are screened with mesh having openings no larger than 1.2 millimetres.\n8.10 Sanitary conveniences\nA keeper shall maintain in good working order and condition and in convenient positions on the\npremises—\ntoilets; and\nbathrooms, each fitted with a shower or bath (or both) and hand wash basin, in accordance with\nthe requirements of the Building Code.\nA bathroom or toilet which is used as a private bathroom or toilet to the exclusion of other lodgers or\nresidents shall not be counted for the purposes of subclause (1).\nEach bath, shower and hand wash basin shall be provided with an adequate supply of hot and cold\nwater.\nThe walls of each shower and bath shall be of an impervious material to minimum height of 1.8\nmetres above the floor level.\nEach toilet and bathroom in a lodging house shall—\nbe so situated, separated and screened so as to ensure privacy; and\nbe provided with adequate electric lighting.\n8.11 Laundry unit\nA keeper of a lodging house shall subject to subclause (2)—\nprovide on the premises a laundry unit for each 15 lodgers;\nat all times maintain each laundry unit in a proper sanitary condition and in good repair;\nprovide an adequate supply of hot and cold water to each wash trough, sink and washing\nmachine; and\nensure that the floor area of each laundry unit is properly surfaced with an even fall to a floor\nwaste.\nAn Authorised Officer may approve the provision of a reduced number of laundry facilities if suitable\nequipment of a commercial type is installed.\n8.12 Kitchen\nThe keeper of a lodging house shall provide in that lodging house a kitchen which complies with the\nrelevant requirements of the Food Act 2008, Food Regulations 2009 and Standards 3.1.1, 3.2.2, and\n3.2.3 of the Food Standards Code as determined by an Authorised Officer.\n8.13 Cooking facilities\nThe keeper of accommodation where meals are prepared shall provide a kitchen with cooking\nappliances of a number and type approved by an Authorised Officer.\n8.14 Dining room\nThe keeper of a lodging house shall provide in that lodging house a dining room located in close\nproximity to, or combined with, the kitchen—\nthe floor area of which shall be not less than the greater of—\n(i) 0.5 square metres per person; or\n(ii) 10 square metres; and\nwhich shall be—\n(iii) adequately furnished to accommodate, at any one time, half of the number of lodgers;\nand\n(iv) provided with a suitable floor covering.\n8.15 Lounge room\nThe keeper of a lodging house shall provide in that lodging house a lounge room—\nwith 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\n","sortOrder":29},{"sectionNumber":"4556","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4556 GOVERNMENT GAZETTE, WA 29 August 2022\n(ii) where the lounge room is combined with a dining room—not less than 1.2 square metres\nper person;\n(iii) but in either case having a minimum of 13 square metres; and\n(iv) which shall be adequately furnished to accommodate, at any one time, half the number\nof lodgers and provided with a suitable floor covering.\n8.16 Fire prevention and control\nA keeper shall—\nensure smoke alarms complying with AS 3786 are installed on or near the ceiling in every\nbedroom and in every corridor or hallway associated with a bedroom, or if there is no corridor\nor hallway, in an area between the bedrooms and the remainder of the building as required by\nthe Building Code;\nensure that there is installed in each passage or corridor in the lodging house a smoke alarm\nincorporating evacuation lighting which is activated by the smoke alarm as required by the\nBuilding Code;\nprovide evacuation lighting if required by the Building Code to be kept separate from the\ngeneral lighting system and kept illuminated during the hours of darkness;\nprovide an approved fire blanket positioned within 2 metres of the cooking area in each kitchen;\nensure if required by the Building Code that illuminated exit signs are installed above exit\ndoorways which comply with AS 2293.1 and which are maintained in good working order at all\ntimes; and\nprovide firefighting equipment in accordance with the requirements of the Building Code and\nensure that the equipment is clearly visible, accessible and maintained in good working order\nat all times.\nNo person shall smoke in any dormitory, kitchen or dining room or other enclosed public place within\na lodging house.\nA keeper shall ensure that any items which are likely to cause a fire hazard are not located within\nbedrooms or dormitories of a lodging house.\nThe keeper of a lodging house which is a recreational campsite or short term hostel, but not a serviced\napartment, shall ensure that materials used in bedrooms and dormitory area comply with AS 1530.2\nand AS 1530.3 as updated from time to time.\n8.17 Obstruction of passages and stairways\nA keeper shall not cause, suffer or permit furniture, fittings or other things to be placed either\ntemporarily or permanently in or on—\na stairway, stair landing, fire escape, window or common passageway; or\npart of the lodging house in common use or intended or adapted for common use, in such a\nmanner as to form an obstruction to the free passage of lodgers, residents or persons in or\noccupying the lodging house.\n8.18 Fitting of locks\nA person shall not fit, or cause or permit to be fitted, to an exit door a lock or other device that prevents\nthe door being opened from within a lodging house.\n8.19 Restriction on use of rooms for sleeping\nSubject to subclause (3), a keeper shall not use or permit to be used as a sleeping apartment a room\nin a lodging house—\nwhich contains food;\nwhich contains or is fitted with a cooking appliance or kitchen sink;\nwhich is used as a kitchen, scullery, store room, dining room, general sitting room or lounge\nroom or for the preparation or storage of food;\nwhich is not reasonably accessible without passing through a sleeping or other room in the\nprivate occupation of another person;\nwhich, except in the case of a short-term hostel or a recreational campsite, contains less than\n5 square metres of clear space for each lodger occupying the room;\nwhich is not naturally illuminated in accordance with the requirements of the Building Code;\nwhich is not ventilated in accordance with the requirements of the Building Code;\nin which the lighting or ventilation referred to in paragraphs (f) and (g) is obstructed or is not\nin good and efficient order;\nwhich is not free from internal dampness;\nof which any part of the floor is below the level of the adjoining ground; or\nthe floor of which is not fitted with an approved carpet or vinyl floor covering or other floor\ntreatment approved by an Authorised Officer.\nFor the purposes of this clause, two children under the age of 10 years shall be counted as one lodger.\nParagraphs (a), (b) and (c) of subclause (1) shall not apply to a serviced apartment.\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4557\n8.20 Sleeping accommodation short term hostels and recreational campsites\nA keeper of a short-term hostel or recreational campsite shall provide clear floor space of not less\nthan—\n4 square metres per person in each dormitory utilising beds; or\n2.5 square metres per person in dormitories utilising bunks.\nThe 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.\nThe minimum height of any ceiling in a short-term hostel or recreational campsite shall be 2.4 metres\nin any dormitory utilising beds and 2.7 metres in any dormitory utilising bunks.\nThe minimum floor area requirements in subclause (1) will only apply if there is ventilation,\nseparation distances, fire egress and other safety requirements in accordance with the Building Code.\nThe keeper of any short-term hostel or recreational campsite shall provide—\nfixed outlet ventilation at a ratio of 0.15 square metre to each 10 square metres of floor area of\nthe dormitories;\neach dormitory with direct ventilation to the open air from a point within 230 millimetres of\nthe ceiling level through a fixed open window or vents, carried as direct to the open air as is\npracticable; or\nmechanical ventilation in lieu of fixed ventilation.\nThe keeper of any short-term hostel or recreational campsite shall provide—\nbeds with a minimum size of—\n(i) in short term hostels—800 millimetres x 1.9 metres;\n(ii) in recreational campsites—750 millimetres x 1.85 metres; and\nstorage space for personal effects, including backpacks, so that cleaning operations are not\nhindered and access spaces are not obstructed.\nThe keeper of any short-term hostel or recreational campsite shall—\nensure at all times there is a distance of 750 millimetres between beds and a distance of 900\nmillimetres between bunks;\nensure that where bed or bunk heads are placed against the wall on either side of a dormitory,\nthere is a passageway of at least 1.35 metres between each row of beds and a passageway of at\nleast 2 metres between each row of bunks and the passageway is kept clear of obstruction at\nall times; and\nensure all doors, windows and ventilators are kept free from obstruction.\n8.21 Furnishing etc. of sleeping apartments\nA keeper of a lodging house shall, unless otherwise approved by the local government—\nfurnish each sleeping apartment with a sufficient number of beds and sufficient bed linen of\ngood quality;\nensure that each bed—\n(i) has a bed head, mattress and pillow;\n(ii) is provided with a pillowcase, two sheets, a blanket or rug and, in cold weather, not less\nthan one additional blanket or rug; and\n(iii) has a mattress protector fitted;\nfurnish each bedroom so that there are adequate storage facilities for belongings within the\nroom; and\nnot cause, suffer or permit any tiered beds or bunks to be used in a sleeping apartment other\nthan in a lodging house used exclusively as a short-term hostel or recreational campsite.\n8.22 Ventilation\nIf, in the opinion of an Authorised Officer, a kitchen, bathroom, toilet, laundry or habitable room is not\nadequately or properly ventilated, he or she may direct the keeper to provide a different or additional\nmethod of ventilation.\n8.23 Numbers to be placed on doors\nA keeper shall number each room available to a lodger in a lodging house or provide an alternative\nmeans of identification approved by an Authorised Officer.\nThe numbering system or alternative means of room identification is to be legible and easily\nidentified.\nDivision 3—Management and Care\n8.24 Keeper or manager to reside in the lodging house\nWhenever there are one or more lodgers in a lodging house, a keeper or manager shall—\nreside continuously in the lodging house; and\nnot be absent from the lodging house unless he or she arranges for a reputable person to have\nthe care and management of the lodging house.\n\n","sortOrder":30},{"sectionNumber":"4558","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4558 GOVERNMENT GAZETTE, WA 29 August 2022\n8.25 Register of lodgers\nA keeper shall keep a register of lodgers in a form as determined by the local government from time\nto time.\nThe register of lodgers shall be—\nkept in the accommodation; and\navailable for inspection at any time on demand by any member of the Police Service or by an\n8.26 Keeper report\nA keeper shall, whenever required by the local government, provide, in a form as determined by the\nlocal government from time to time, the name of each lodger who lodges in the accommodation during\nthe preceding day or night.\n8.27 Certificate of Sleeping Accommodation\nAn Authorised Officer may issue to a keeper a Certificate of Sleeping Accommodation, in respect of\neach room, which shall be in a form as determined by the local government from time to time, or, for\nlodging houses with more than 20 sleeping apartments, a Certificate of Sleeping Accommodation for a\nLodging House with more than 20 Sleeping Apartments, which shall be in a form as determined by the\nlocal government from time to time.\nThe certificate issued under subclause (1) shall specify the maximum number of persons who shall\nbe permitted to occupy each room as a sleeping apartment at any one time.\nWhen required by an Authorised Officer, a keeper shall exhibit the certificate issued under this\nclause in a conspicuous place in the room to which the certificate refers.\nA person shall not allow a greater number of persons than is specified on a certificate issued under\nthis clause to occupy the room to which it refers.\n8.28 Duplicate keys and inspection\nEach keeper and manager of accommodation shall—\nretain possession of a duplicate key to the door of each room; and\nwhen required by an Authorised Officer, open the door of any room for the purpose of inspection\nby the Authorised Officer.\n8.29 Room occupancy\nA keeper shall not—\nallow more than the maximum number of persons permitted by the Certificate of Registration\nof accommodation to be lodged at any one time in the accommodation;\nallow to be placed or kept in any sleeping apartments—\n(i) a larger number of beds; or\n(ii) a larger quantity of bed linen than is required to accommodate and provide for the\nmaximum number of persons permitted to occupy the sleeping apartment at any one\ntime; and\nallow to be used for sleeping purposes, a room that—\n(i) has not been certified for that purpose; and\n(ii) the local government or the Medical Officer has forbidden to be used as a sleeping\napartment.\nFor the purpose of this clause, two children under 10 years of age shall be counted as one lodger.\n8.30 Infectious disease\nA keeper shall immediately after becoming aware that a lodger or resident is suffering from a notifiable\ninfectious disease notify an Authorised Officer.\n8.31 Maintenance of a room by a lodger or resident\nA keeper may permit, or contract with, a lodger or resident to service, clean or maintain the room or\nrooms occupied by the lodger or resident.\nWhere permission is given or a contract entered into under subclause (1), the keeper shall—\ninspect each room the subject of the permission or agreement at least once a week; and\nensure that each room is being maintained in a clean condition.\nA lodger or resident who contracts with a keeper to service, clean or maintain a room occupied by\nhim or her, shall maintain the room in a clean condition.\n8.32 Cleaning and maintenance requirements\nA keeper of accommodation shall—\nmaintain 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 toilets, including toilet seats, cisterns and associated plumbing; and\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4559\nmaintain in a clean and in good working order—\n(i) all fixtures and fittings; and\n(ii) all windows, doors and door furniture;\nensure that the internal walls of each bathroom and toilet have a smooth, impervious washable\nsurface;\nensure that all floors are kept clean at all times;\nensure that—\n(i) all bed linen, towels, and house linen in use is washed at least once a week;\n(ii) within a reasonable time of a bed having been vacated by a lodger or resident, the bed\nlinen is removed and washed;\n(iii) a person does not occupy a bed which has been used by another person unless the bed\nhas been provided with clean bed linen;\n(iv) all beds, bedsteads, blankets, rugs, covers, bed linen, towels and house linen are kept\nclean, in good repair and free from vectors of disease;\n(v) when any vectors of disease are found in a bed, furniture, room or sleeping apartment,\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;\nwhen so directed by an Authorised Officer, ensure that—\n(i) a room, together with its contents, and any other part of the lodging house, is cleaned an\ndisinfected; and\n(ii) a bed, or other article of furniture that is infested is removed from the lodging house and\nproperly disposed of;\nensure that the yard is kept clean at all times;\nprovide all bedrooms, passages, common areas, toilets, bathrooms and laundries with adequate\nlighting; and\ncomply with any direction, whether orally or in writing, given by an Authorised Officer.\n8.33 Responsibilities of lodgers and residents\nA lodger or resident shall not—\nuse any room available to lodgers—\n(i) as a shop, store or factory; or\n(ii) for manufacturing or trading services;\nkeep or store in or on the lodging house any goods or materials which are inflammable or\noffensive;\nuse a bath or hand wash basin other than for ablutionary purposes;\nuse a bathroom facility or fitting for laundry purposes;\nuse a sink installed in a kitchen or scullery for any purpose other than the washing and cleaning\nof cooking and eating utensils, other kitchenware or culinary purposes;\ndeposit rubbish or waste food other than into a proper rubbish receptacle;\nin a kitchen or other place where food is kept—\n(i) wash or permit the washing of clothing or bed linen; or\n(ii) keep or permit to be kept any soiled clothing or bed linen;\nsubject to clause 8.34—\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;\nplace or keep, in any part of a lodging house, any luggage, clothing, bedding, bed linen or\nfurniture, that is infested with vermin or vectors of disease;\nstore 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 required\nby this Part;\nobstruct or prevent the keeper or manager from inspecting or examining the room or rooms\noccupied by the lodger or resident; and\nfix any fastener or change any lock to a door or room without the written approval of the keeper.\nPART 9—OFFENSIVE TRADES\n9.1 Interpretation\nIn this part—\nCertificate of Registration of Premises for Offensive Trade means a certificate issued under\nclause 9.5 in a form as determined by the local government from time to time;\n\n","sortOrder":31},{"sectionNumber":"4560","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4560 GOVERNMENT GAZETTE, WA 29 August 2022\noccupier in relation to premises includes the person registered as the occupier of the premises in\na form as determined by the local government from time to time;\noffensive trade means any of the trades listed in Schedule 1; 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—\nadvertise notice of his intention to apply for consent in accordance with clause 9.3; and\nlodge with the Chief Executive Officer an application in a form as determined by the local\ngovernment from time to time.\nA person who makes a false statement in an application under this clause shall be guilty of an offence.\n9.3 Notice of application\nA notice required under subclause 9.2(1) (a) shall—\ncontain the name and address of the person who intends to make the application;\ncontain a description of the nature of the offensive trade;\ncontain details of the premises in or upon which it is proposed to carry on the proposed trade;\nand\npublished in accordance with regulation 3A (2) (c) of the Local Government (Administration)\nRegulations 1996 at least two weeks but not more than one month before the application under\nclause 9.2 (1) (b) is lodged with the Chief Executive Officer.\n9.4 Registration of premises\nAn application for the registration of premises pursuant to section 191 of the Act shall be—\nin a form as determined by the local government from time to time;\naccompanied by—\n(i) the fee prescribed in the Health (Offensive Trades Fees) Regulations 1976 as amended\nfrom time to time; and\n(ii) a comprehensive management plan; and\nlodged with the Chief Executive Officer.\n9.5 Certificate of Registration of Premises for Offensive Trade\nUpon the registration of premises for the carrying on of an offensive trade, the local government shall\nissue to the applicant a Certificate of Registration of Premises for Offensive Trade in a form as\ndetermined by the local government from time to time.\n9.6 Change of occupier\nWhere there is a change of occupier of the premises registered pursuant to this Division, the new\noccupier shall forthwith notify the Chief Executive Officer in writing of such change.\n9.7 Alterations to premises\nWhile any premises remain registered under this Division, a person shall not, without the written\npermission of the local government, make or permit any change or alteration to the premises other than\nminor repairs, installations or interior refurbishment.\nDivision 2—General Duties of an Occupier\n9.8 Interpretation\noccupier means the occupier, or where there is more than one occupier, each of the occupiers of\nthe premises in or upon which an offensive trade is carried on; and\npremises means those premises in or upon which an offensive trade is carried on.\n9.9 Cleanliness\nkeep or cause to be kept in a clean and sanitary condition and in a state of good repair the\nfloors, walls and ceilings and all other portions of the premises;\nkeep or cause to be kept in a clean and sanitary condition and in a state of good repair all\nfittings, fixtures, appliances, machinery, implements, shelves, counters, tables, benches, bins,\ncabinets, sinks, drain boards, drains, grease traps, tubs, vessels and other things used on or in\nconnection with the premises;\nkeep the premises free from any unwholesome or offensive odour arising from the premises;\nkeep in a clean and tidy condition all yards, footpaths, passage ways, paved areas, stores or\noutbuildings used in connection with the premises; and\nclean 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.\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4561\n9.10 Rats and other vectors of disease\nensure that the premises are kept free from vermin, rodents, cockroaches, flies and other\nvectors of disease; and\nprovide in and on the premises effective means and methods for the eradication and prevention\nof vermin, 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 and\nhand wash basins, each with an adequate supply of hot and cold water for use by employees and by all\nother 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 an\n9.13 Effluvia, vapours or gases\nThe occupier shall provide, use and maintain in a state of good repair and working order, appliances\ncapable of effectively destroying or of rendering harmless all offensive effluvia, vapours or gases arising\nin any process of his or her business or from any material, residue or other substance which may be\nkept or stored upon the premises.\n9.14 Offensive material\nprovide on the premises impervious receptacles of sufficient capacity to receive all offensive\nmaterial and trade refuse produced upon the premises in any one day;\nkeep airtight covers on the receptacles, except when it is necessary to place something in or\nremove something from them;\ncause all offensive material and trade refuse to be placed immediately in the receptacles;\ncause the contents of the receptacles to be removed from the premises at least once in every\nworking day or other interval as may be directed by an Authorised Officer; and\ncause 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 inhalation or otherwise and so as to prevent the creation of a nuisance.\n9.16 Directions\nAn Authorised Officer may give to the occupier directions to prevent or diminish the offensiveness of a\ntrade or to safeguard the public health.\nDivision 3—Fat Rendering Establishments\n9.17 Interpretation\nfat rendering establishments means a premises where edible fats including suet, dripping or\npremier jus are rendered down by any heat processing method; and\noccupier means the occupier of any premises on which the trade of fat rendering is carried on.\n9.18 Ventilation\nThe occupier shall provide and maintain—\na hood which shall—\n(i) be of an approved design and construction;\n(ii) be situated so as to arrest all effluvia, odours and smoke from the process of fat rendering;\nand\n(iii) extend a minimum of 150 millimetres beyond the length of each appliance; and\nan exhaust ventilation system—\n(i) the point of discharge of which shall be at least 1 metre above the ridge of a pitched roof\nor 3 metres above a flat roof and shall not be located within 6 metres of an adjoining\nproperty or any fresh air intake; and\n(ii) which shall discharge in such manner and in such a position that no nuisance is created.\n9.19 Covering of apparatus\nExternal parts of the fat rendering apparatus shall be constructed or covered with smooth, non-\ncorrosive and impervious material, devoid of holes, cracks and crevices.\n\n","sortOrder":32},{"sectionNumber":"4562","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4562 GOVERNMENT GAZETTE, WA 29 August 2022\n9.20 Rendering of walls\nThe occupier shall cause each wall within a radius of 3 metres of the rendering apparatus or machinery\nto be rendered with a cement plaster with a steel float finish or other approved finish to a height of 2\nmetres, devoid of holes, cracks and crevices.\nDivision 4—Laundries, Dry Cleaning Establishments and Dye Works\n9.21 Interpretation\ndry cleaning establishment—\nmeans premises where clothes or other articles are cleaned by use of solvents without using\nwater; but\ndoes not include premises in which perchlorethylene or arklone is used as dry-cleaning\nfluid in a machine operating on a full cycle and fully enclosed basis;\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 therefrom into a public sewer;\nexempt laundromat means a premises in which—\nlaundering is carried out by members of the public using, on payment of a fee, machines or\nequipment provided by the owners or occupiers of those establishments;\nlaundering is not carried out by those owners or occupiers for or on behalf of other persons;\nand\nprovision is made for the discharge of all liquid waste therefrom into a public sewer;\nlaundromat means a public place with coin or card operated washing machines, spin dryers or\ndry-cleaning machines; and\nlaundry means any place where articles are laundered by commercial grade machinery but does\nnot include an exempt laundromat.\n9.22 Receiving depot\nAn owner or occupier of premises shall not use or permit the premises to be used as a receiving depot\nfor a laundry, dry cleaning establishment or dye works except with the written permission of the local\ngovernment, which may at any time by written notice withdraw such permission.\n9.23 Reception room\nThe occupier of a laundry, dry cleaning establishment or dye works shall—\nprovide 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\ncause such articles as may be directed by an Authorised Officer to be thoroughly disinfected.\nA person shall not bring or permit food to be brought into the reception room referred to in this clause.\n9.24 Walls and floors\nThe occupier of a laundry, dry cleaning establishment or dye works shall cause—\nthe internal surfaces of all walls to be rendered with a cement plaster with a steel float finish\nor other approved material to a height of 2 metres and to be devoid of holes, cracks and crevices;\nthe floor to be impervious, constructed of concrete or other material approved by an Authorised\nOfficer and finished to a smooth surface; and\nevery 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 and be deposited on it.\n9.25 Laundry floor\nThe occupier of a laundry shall provide in front of each washing machine a non-corrosive grating, with\na width of at least 910 millimetres, so constructed as to prevent any person from standing in water on\nthe floor.\n9.26 Escape of dust\nThe occupier of a dry-cleaning establishment shall provide effective means to prevent the escape into\nthe open air of all dust or other material from the premises.\n9.27 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 Authorised Officer for\nthat purpose.\n9.28 Trolleys\nThe occupier of a dry-cleaning establishment shall—\nprovide trolleys for the use of transporting dirty and clean linen; and\nensure that each trolley is—\n(i) clearly designated to indicate the use for which it is intended;\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4563\n(ii) lined internally with a smooth impervious non-absorbent material that is easily cleaned;\nand\n(iii) thoroughly cleaned and disinfected on a regular basis.\n9.29 Sleeping on premises\nA person shall not use or permit any room in a laundry, dry cleaning establishment or dye works to be\nused for sleeping purposes.\nDivision 5—Abattoirs\n9.30 Construction\nAn abattoir shall conform to relevant Standards as adopted under the Food Act 2008 section 144 (6)\nand the requirements of Part 5 of the Food Regulations 2009.\nDivision 6—Piggeries\n9.31 Interpretation\nIn this Division, unless the context otherwise requires—\npiggery means any building, enclosure or yard, in which one or more pigs are kept, bred, reared or\nfattened, and shall include any portion of the premises to which pigs have access; and\nsensitive land use means land use sensitive to emissions from industry and infrastructure.\nSensitive land uses include residential developments, hospitals, hotels, motels, hostels,\ncaravan parks, schools, nursing homes, child care facilities, shopping centres, playgrounds,\npublic buildings, commercial and industrial land uses which require a high level of amenity or\nare sensitive to particular emissions.\n9.32 Limitations to registration\nUnless otherwise approved, no premises shall be registered as a piggery unless it has been granted\napproval under the Local Planning Scheme.\n9.33 Conditions of registration\nAny person intending to establish a piggery within the district shall ensure an application made in a\nform as determined by the local government from time to time, is accompanied by plans and\nspecifications in duplicate of the proposed piggery including—\ndetails of the approximate number of pigs to be kept;\ndetails of the drainage and effluent disposal system to be installed; and\ndetails of the method by which cleanliness of the piggery shall be maintained.\n9.34 Sties, enclosures or sheds\nThe occupier of every piggery shall provide either—\nsties and enclosures;\nenclosures; or\nsheds; within which pigs shall be kept.\nWhere sties and enclosures are provided—\nthe floor of every sty shall be properly paved with impervious materials, and every such floor\nshall have sufficient fall to a surface gutter, which shall—\n(i) be constructed of similar materials;\n(ii) be not less than 300 millimetres wide and 75 millimetres deep in the centre of its width;\n(iii) extend the whole length of the sty; and\n(iv) have sufficient fall so that it shall discharge all liquids falling upon the floor or upon the\ngutter into an impervious sump of sufficient capacity to receive at least one day’s\ndrainage; and\nthe area of every enclosure appurtenant to a sty or group of sties shall be not less than 3 times\nthe area of the sty or group of sties to which it is appurtenant.\nWhere enclosures only are provided, then—\nthe fences of such enclosures shall be movable; and\nthe fences shall be moved and re-erected to enclose a new site whenever—\n(i) the ground within a site is becoming offensive; or\n(ii) the occupier is directed to do so by an Authorised Officer.\nWhere one or more sheds are provided, then—\nthe floor of every shed shall comply with subclause 2(a);\nthey shall be maintained in a structurally sound and clean condition free of infestation with\nflies and other vectors of disease; and\nthey shall be effectively drained and effluent waste removed so as to prevent a nuisance\noccurring.\n9.35 Slaughtering\nThe occupier of any piggery shall not permit any slaughtering of animals on the premises.\n\n","sortOrder":33},{"sectionNumber":"4564","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4564 GOVERNMENT GAZETTE, WA 29 August 2022\n9.36 Feed\nThe occupier of any piggery shall—\nnot receive, or allow to be received on such premises, any carcass or part of a carcass of a\ndiseased animal;\nnot feed the pigs upon the flesh or offal of diseased animals;\nnot receive or suffer or permit to be received on the premises, putrid matter for any purpose;\nand\nnot receive or suffer or permit to be received on the premises, any kitchen, slaughterhouse or\nbutcher’s wastes or other putrescible pig feed.\n9.37 Fencing\nEvery piggery occupier shall securely fence all the enclosures.\n9.38 Water supply\nEvery piggery occupier shall provide a sufficient and constant supply of clean water, which shall be\nproperly protected against pollution and always available for cleansing purposes.\n9.39 Feeding troughs\nEvery such occupier shall—\nwhere sties and enclosures are provided under the provisions of clause 9.34(2), provide feeding\ntroughs in every sty, situated near to the drainage gutter or positioned to be accessible to the\npigs in two or more sties or enclosures;\nwhere enclosures are provided under the provisions of clause 9.34(3), provide feeding troughs\nin every such enclosure;\ncause all feeding troughs, other than those provided in connection with movable enclosures, to\nbe fixed upon a cement or concrete floor extending 1.2 metres in all directions from such trough,\nand designed to permit ready drainage; and\nnot permit pigs to be fed other than at the feeding troughs provided in accordance with this\nclause.\nNotwithstanding the provisions of subclause (1), where pigs are kept continually confined in fully\nenclosed pens, floor feeding with pellets or dry meal shall be permitted, in which case feeding troughs\nare not required to be provided.\nPART 10—OFFENCES AND PENALTIES\n10.1 Offences and penalties\nA person who—\nfails to do anything required or directed to be done under this local law; or\nfails to comply with the requirements of a notice issued under this local law by an authorised\nofficer; or\ndoes anything which under this local law that person is prohibited from doing; commits an\noffence.\nA person who commits an offence under subclause (1) is liable to—\na penalty which is not more than $5,000 and not less than—\n(i) in the case of a first such offence, $500; and\n(ii) in the case of a second such offence, $1000; and\n(iii) in the case of a third or subsequent such offence, $2,500 and\nif the offence is a continuing offence, a daily penalty which is not more than $500 and not less\nthan $250.\nAn offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section\n9.16(1) of the Local Government Act 1995.\nThe amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 2.\n10.2 Form of infringement notices\nWhere a vehicle is involved in the commission of an offence, the form of the notice referred to in\nsection 9.13 of the Local Government Act 1995 is that of Form 1 in Schedule 1 of the Local Government\n(Functions and General) Regulations 1996;\nThe form of the infringement notice referred to in section 9.16 of the Local Government Act 1995 is\nthat of Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; and\nThe form of the infringement withdrawal given under section 9.20 of the Local Government Act 1995\nis that of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996.\n10.3 Other enforcement actions\nIn addition to a penalty imposed under clause 10.1, any expense incurred by the local government in\nconsequence of a breach or non-observance of this local law, in the execution of work directed to be\nexecuted by any person and not executed by him or her, must be paid by the person committing the\nbreach for failing to execute the work.\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4565\nOn a breach, or successive breaches, by a licensee or a person registered under this local law, the\nlocal government may suspend or cancel the licence or registration as the case may be.\n10.4 Power of entry into private property\nThis local law is subject to sections 3.25, 3.27 and Schedules 3.1 and 3.2 of the Local Government\nAct 1995 and any power of entry exercised by the local government under this local law is subject to\nPart 3, Division 3, Subdivision 3 of the Act.\n","sortOrder":34},{"sectionNumber":"Part 11","sectionType":"part","heading":"OBJECTION AND APPEAL","content":"PART 11—OBJECTION AND APPEAL\n11.1 Objection and appeal rights\nDivision 1 of Part 9 of the Local Government Act 1995 applies to a decision under this local law to grant,\nrenew, vary or cancel an approval.\n————\nSchedule 1\nOFFENSIVE TRADES\n[clause 9.1]\nOffensive trades are any of the trades, businesses or occupations usually carried on, in or connected\nwith the undermentioned works or establishments—\n• Abattoirs or slaughter houses;\n• Bone mills or bone manure depots;\n• Bones, hides, hoofs or skins storing, drying, or preserving establishments;\n• Cleaning establishments, dye works;\n• Fat rendering establishments;\n• Fellmongeries, tanneries;\n• Flock factories;\n• Gut scraping, preparation of sausage skins;\n• Knackeries;\n• Laundromats, dry cleaning establishments;\n• Livestock saleyards;\n• Manure works;\n• Piggeries;\n• Poultry processing establishments;\n• Poultry farming employing caged poultry housing;\n• Tripe-boiling establishments; and\n• Works for boiling down meat, bones, blood, or offal.\n————\n","sortOrder":35},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":null,"content":"Schedule 2\nPRESCRIBED OFFENCES\n[Clause 10.1]\nItem\nNo.\nClause\nNo. Description Modified\nPenalty $\n1. 4.2 Deposited or allowed to be deposited liquid refuse from land $250\n2. 4.3 Released or allowed the escape of liquid waste from land $500\n3. 5.2 Permitted the escape of smoke, fumes, odours and other\nemissions so as to cause a nuisance $200\n4. 5.5(1) Commenced works involving clearing of land without an\napproved Dust Management Plan $500\n5. 5.6(2) Emitted light so as to create or cause a nuisance $250\n6. 5.6(4) Erected or used lighting installations other than in accordance\nwith this local law $500\n7. 5.8(a) Failed to keep premises free from matter likely to be offensive\nor injurious to health or attracts vermin or insects $500\n8. 5.8(b) Failed to keep premises clean and disinfected when directed by\nan Authorised Officer $500\n\n","sortOrder":36},{"sectionNumber":"4566","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4566 GOVERNMENT GAZETTE, WA 29 August 2022\nItem\nNo.\nClause\nNo. Description Modified\nPenalty $\n9. 5.8(c)\nFailed to keep premises free of flies, or when directed by an\nAuthorised Officer, spray premises with means to kill or repel\nflies\n$500\n10. 5.9(1) Failed to keep enclosures effectively drained $200\n11. 5.9(3) Failed to keep property fenced in a manner capable of confining\nlivestock $500\n12. 5.9(4) Permitted livestock to stray, or be at large in a street, public\nplace or private property without consent $500\n13. 5.12(1) Kept an approved animal without approval $200\n14. 5.12(6) Failed to maintain stable $200\n15. 5.16(1) Failed to comply with limitations on number of birds $200\n16. 5.16(5) Kept birds so as to create a nuisance $250\n17. 5.17 Kept, or permitted to be kept, any poultry, not in accordance\nwith conditions of this local law $200\n18. 5.18(1) Kept, or suffered to remain in a townsite or lot of 2 hectares or\nless, a rooster, turkey, goose or geese, gamebird or peafowl $200\n19. 5.21 Failed to prevent pigeons nesting or perching $200\n20. 5.22(1)(a) Fed a wild bird so as to create or cause a nuisance $200\n21. 5.22(1)(b) Fed a wild bird a food/substance that is not a natural food $200\n22. 6.19(1) Kept bees without approval $200\n23. 6.19(4) Failed to comply with a condition of approval to keep bees $200\n24. 6.21(1) Created a nuisance from keeping of bees or bee hives $200\n25. 6.21(2) Failed to comply with a notice to remove bees or bee hives for\ncontravention of local law $200\n26. 10.1(1)(b) Failed to comply with notice $500\n27. All other offences not specified $250\n————\nDated this 22nd day of August 2022.\nThe Common Seal of the Shire of Meekatharra was affixed by authority of a resolution of the Council\nin the presence of—\nHARVEY NICHOLS, Shire President.\nKELVIN MATTHEWS, Chief Executive Officer.\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4567\nLOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES LOCAL LAW 2021\nTABLE OF CONTENTS\n1.1 Citation\n1.5 Definitions\n1.6 Transitional\n1.7 Application as to assistance animals\nPART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\nDivision 1—Determinations\n2.1 Determinations as to use of local government property\n2.2 Procedure for making a determination\n2.3 Discretion to erect a sign\n2.4 Determination to be complied with\n2.5 Register of determinations\n2.6 Amendment or revocation of a determination\nDivision 2—Transitional\n2.7 Existing signs to have effect as a determination\nPART 3—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY\nDivision 1—Behaviour on and interference with local government property\n3.1 Behaviour which interferes with others\n3.2 Behaviour detrimental to property\n3.3 Removing or injuring any fauna\n3.4 Drunk persons not to enter local government property\n3.5 Prohibited drugs\n3.6 No smoking\n3.7 Appropriate behaviour and adequate clothing\n3.8 Entry to local government property\n3.9 Refusal of entry to local government property\nDivision 2—Signs\n3.10 Signs\nPART 4—SPECIFIC MATTERS RELATING TO TYPES OF LOCAL GOVERNMENT\nPROPERTY\nDivision 1—Public swimming pools and other recreation facilities\n4.1 General prohibitions\n4.2 Use of all or part of a public swimming pool or recreation facility\n4.3 When entry and use may be refused\n4.4 Suspension of admission\nDivision 2—Fenced or closed property\n4.5 No entry to fenced or closed local government property\nDivision 3—Toilet blocks and change rooms\n4.6 No use of camera devices in toilet blocks or change rooms\nPART 5—FEES FOR ENTRY ONTO LOCAL GOVERNMENT PROPERTY\n5.1 Payment of applicable fees for entry or participation\n\n4568 GOVERNMENT GAZETTE, WA 29 August 2022\nPART 6—ACTIVITIES IN PUBLIC PLACES\n6.1 General prohibitions\nDivision 2—Driving on a closed thoroughfare\n6.2 No driving on a closed thoroughfare\nDivision 3—Property numbers\nSubdivision 1—Preliminary\nSubdivision 2—Assignment and marking of numbers\n6.4 Assignment of number\nDivision 5—Signs erected by the local government\n6.5 Signs\n6.6 Transitional\nPART 7—OBSTRUCTING ANIMALS OR VEHICLES ON OR IN LOCAL GOVERNMENT\nPROPERTY AND PUBLIC PLACES\nDivision 1—Animals\n7.1 Leaving an animal on local government property or in a public place\n7.2 Prohibitions relating to animals\n7.3 Removal of animals\nDivision 2—Vehicles\n7.4 Leaving a vehicle in a public place\nPART 8—TRADING IN PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY\n8.1 Restrictions and requirement to obtain authorisation\n8.2 Exemptions from requirement to pay a fee\n8.3 Insurance\nPART 9—OBJECTIONS AND APPEALS\n9.1 Objection and appeal rights\nPART 10—MISCELLANEOUS\nDivision 1—Authorised person\n10.1 Authorised person to be obeyed\n10.2 Persons may be directed to leave local government property or a public place\nDivision 2—Notices\n10.3 Liability for damage to local government property or a public place\n10.4 Notice to remove thing unlawfully placed on thoroughfare\n10.5 Notice to repair damage to thoroughfare\nPART 11—ENFORCEMENT\nDivision 1—Notices given under this local law\n11.1 Offence to fail to comply with a notice\n11.2 Local government may undertake requirements of a notice\nDivision 2—Offences and penalties\n11.3 Offences and general penalty\n11.4 Prescribed offences\n11.5 Form of notices\nDivision 3—Person to give name and address on demand\n11.6 Requirement to give name and address on demand\nSCHEDULE 1—PRESCRIBED OFFENCES\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4569\nLOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES LOCAL LAW 2021\nUnder the power conferred by the Local Government Act 1995 and under all other powers enabling it,\nthe Council of the Shire of Meekatharra resolved on 20 August 2022 to make the following local law.\n1.1 Citation\nThis local law may be cited as the Shire of Meekatharra Local Government Property and Public Places\nLocal Law 2021.\nThis local law comes into operation 14 days after the date of its publication in the Government Gazette.\nThis local law applies throughout the district.\nThis local law repeals the:-\n(1) Shire of Meekatharra Local Government Property Local Law 2007 as published in the Government\nGazette on 29 July 2008.\n(2) Shire of Meekatharra Activities in Thoroughfares and Public Places Local Law 2007 as published in\nthe Government Gazette on 29 July 2008.\n1.5 Definitions\nIn this local law, unless the context otherwise requires—\nAct means the Local Government Act 1995 (WA);\nanimal means any living thing that is not a human being, fly or plant;\nauthorised person means a person appointed by the local government under section 9.10 of the\nAct to perform any of the functions of an authorised person under this local law;\nattendant means an employee of the local government with responsibility for the control and\nmanagement of persons in a public swimming pool or recreation facility which is local\ngovernment property;\nbuilt-up area has the meaning given to it in the Road Traffic Code 2000;\ncamera device means an apparatus for taking photographs or moving pictures and includes a\nmobile phone when used for this purpose;\ncarriageway has the meaning given to it in the Road Traffic Code 2000;\nchange room means a room designated for the changing of clothes and may include showers,\ntoilets and hand washing basins;\ncharitable organisation means an institution, association, club, society or body whether\nincorporated or not, the objects of which are of a charitable, benevolent, religious, cultural,\neducational, recreational, sporting or other similar nature and from which no member receives\nany pecuniary profit except where the member is an employee or the profit is an honorarium;\nCEO means the Chief Executive Officer of the local government;\nclosed thoroughfare means a thoroughfare wholly or partially closed by the local government\nunder sections 3.50 or 3.50A of the Act;\ncommencement day means the day on which this local law commences under clause 1.2;\nCouncil means the council of the local government;\ndetermination means a determination made under clause 2.1;\ndetrimental to the property includes—\n(a) removing anything from the local government property such as a rock, plant, fixture,\nfitting, chattel, equipment or furniture provided for the use, enjoyment or safety of any\nperson;\n(b) destroying, defacing or damaging a building or anything on the local government property,\nsuch as a plant, fixture, chattel, equipment or furniture provided for the use, enjoyment or\nsafety of any person; and\n(c) causing environmental harm or nuisance on the local government property;\ndistrict means the district of the local government;\ndrunk has the meaning provided in the Liquor Control Act 1988;\nfauna means any animal indigenous to or which periodically migrates to any State or Territory of\nthe Commonwealth or the territorial waters of the Commonwealth and includes, in relation to\nany such animal—\n\n","sortOrder":37},{"sectionNumber":"4570","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4570 GOVERNMENT GAZETTE, WA 29 August 2022\n(a) any class of animal or individual members;\n(b) the eggs or larvae; or\n(c) the carcass, skin, plumage or fur;\nfootpath has the meaning given in the Road Traffic Code 2000 and includes a shared and dual use\npath;\nintersection has the meaning given to it by the Road Traffic Code 2000;\nlocal government means the Shire of Meekatharra;\nlocal government policy means a policy or standard adopted by the local government;\nlocal government property means anything except a thoroughfare which—\n(a) is owned by the local government;\n(b) is vested in the local government;\n(c) is otherwise under the care, control or management of the local government, including\nunder the Land Administration Act 1997 (WA); or\n(d) is an ‘otherwise unvested facility’ within the meaning of section 3.53 of the Act;\nlocal public notice means notice given in accordance with the procedure set out in section 1.7 of\nthe Act;\nmanager means the person for the time being employed, contracted or appointed by the local\ngovernment to manage any swimming pool or recreation facility, and includes any assistant or\ndeputy;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal liability\nin the tort of public or private nuisance at common 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 affected\nby the interference;\noccupier has the meaning given to it by the Act, but does not include the local government;\nowner has the meaning given to it by the Act;\nprohibited drug has the meaning given to it in the Misuse of Drugs Act 1981 (WA);\npublic place includes a thoroughfare or place which the public are allowed to use, whether or not\nthe thoroughfare or place is on private property, but does not include—\n(a) premises on private property from which trading is lawfully conducted under a written law;\nor\n(b) local government property;\nRegulations means the Local Government (Functions and General) Regulations 1996 (WA);\nstreet market means a collection of stalls, stands and displays on local government property or a\npublic place for the purposes of selling goods, wares, merchandise, produce or services, or\ncarrying out any other transaction;\nstreet numbering means a number or numbers with or without an alphabetical suffix assigned to\nidentify the street address of a property;\nthoroughfare has the meaning given to it by the Act, but does not include a private thoroughfare\nwhich is not under the management or control of the local government;\ntrader means a person who carries on trading;\ntrading means—\n(a) the selling or hiring of, the offering for sale or hire of, or the soliciting of orders for, goods\nor services in a public place or on local government property;\n(b) displaying goods in a public place or local government property for the purpose of—\n(i) offering them for sale or hire;\n(ii) inviting offers for their sale or hire;\n(iii) soliciting orders for them; or\n(iv) carrying out any other transaction in relation to them,\nand includes the setting up of a stall, or the conducting of a business at a stall;\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or towed on wheels, tracks or\notherwise, including an off-road vehicle; and\n(b) an animal being ridden or driven;\nbut excludes—\n(c) a wheelchair or any device designed for use by physically impaired person on a footpath;\n(d) a pram, a stroller or a similar device;\n(e) a bicycle or wheeled recreational device; and\n(f) a shopping trolley;\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4571\n1.6 Transitional\nAny permit, licence, consent or authorisation issued in accordance with a local law listed in clause 1.4—\n(a) is taken to be as a consent or authorisation granted under this local law; and\n(b) is to be valid for the period specified on the permit, licence, consent or authorisation.\n1.7 Application as to assistance animals\nThis local law is subject to any written law and any law of the Commonwealth about assistance animals\nas defined in the Disability Discrimination Act 1992 (Cth).\nPART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\nDivision 1—Determinations\n2.1 Determinations as to use of local government property\nThe local government may make a determination in accordance with clause 2.2—\n(a) permitting or prohibiting activities on specified local government property\n(b) as to any matter ancillary or necessary to give effect to a determination.\n2.2 Procedure for making a determination\n(1) The local government is to give local public notice of its intention to make a determination.\n(2) The local public notice must state that—\n(a) the local government intends to make a determination, the purpose and effect of which is\nsummarised in the notice;\n(b) a copy of the proposed determination may be inspected and obtained from the offices of the local\ngovernment; and\n(c) submissions in writing about the proposed determination may be lodged with the local\ngovernment within 21 days after the date of publication.\n(3) If no submissions are received under clause 2.2(2)(c), the local government is to decide—\n(a) to give local public notice that the proposed determination has effect as a determination on and\nfrom the date of publication;\n(b) to amend the proposed determination, in which case clause 2.2(5) will apply; or\n(c) not to continue with the proposed determination.\n(4) If submissions are received under clause 2.2(2)(c), the local government—\n(a) is to consider those submissions; and\n(b) is to decide—\n(i) whether to amend the proposed determination; or\n(ii) not to continue with the proposed determination.\n(5) If the local government decides to amend the proposed determination, it is to give local public\nnotice—\n(a) of the effects of the amendments; and\n(b) that the proposed determination has effect as a determination on and from the date of\npublication.\n(6) If the local government decides not to amend the proposed determination, it is to give local public\nnotice that the proposed determination has effect as a determination on and from the date of\npublication.\n(7) A proposed amendment is to have effect as a determination on and from the date of publication of\nthe local public notice referred to in clauses 2.2(3), 2.2(5) and 2.2(6).\n(8) A decision under clauses 2.2(3) or 2.2(4) is not to be delegated by Council.\n2.3 Discretion to erect a sign\nThe local government may erect a sign on local government property to give notice of the effect of a\ndetermination.\n2.4 Determination to be complied with\nA person must comply with a determination.\n2.5 Register of determinations\n(1) The local government is to keep a register of determinations made under clause 2.1, and of any\namendments to or revocations of determinations made under clause 2.6.\n(2) Sections 5.94 and 5.95 of the Act apply to the register referred to in clause 2.5(1) and for that\npurpose, the register is taken to be information within section 5.94(u)(i) of the Act.\n2.6 Amendment or revocation of a determination\n(1) The local government may amend or revoke a determination.\n(2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment\nwere a proposed determination.\n\n","sortOrder":38},{"sectionNumber":"4572","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4572 GOVERNMENT GAZETTE, WA 29 August 2022\n(3) If the local government revokes a determination, it must give local public notice of the revocation\nand the determination will cease to have effect on and from the date of publication.\nDivision 2—Transitional\n2.7 Existing signs to have effect as a determination\n(1) Where a sign erected on local government property has been erected under a local law that is\nrepealed by this local law, then it is to be taken to have effect as a determination under this local law\non and from the commencement day, except to the extent that the sign is inconsistent with any\nprovisions of this local law or any determination made under clause 2.1.\n(2) Clause 2.5 does not apply to a sign referred to in clause 2.7(1).\nPART 3—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY\nDivision 1—Behaviour on and interference with local government property\n3.1 Behaviour which interferes with others\nA person must not, in or on local government property, behave in a manner which—\n(a) is likely to or does interfere with, interrupt or disturb the enjoyment of a person who might use\nthe property or who is using the property;\n(b) causes or is likely to cause a disturbance to nearby residents;\n(c) otherwise creates a nuisance; or\n(d) places the public at risk or interferes with the safety of others.\n3.2 Behaviour detrimental to property\nA person must not, in or on local government property, behave in a way which is or might be detrimental\nto the local government property\n3.3 Removing or injuring any fauna\nA person must not take, injure or kill, or attempt to take, injure or kill, any fauna which is on or above\nany local government property unless that person is authorised under a written law to do so.\n3.4 Drunk persons not to enter local government property\nA person must not enter or remain on local government property while drunk or under the influence of\na prohibited drug.\n3.5 Prohibited drugs\nA person must not take a prohibited drug onto or consume or use a prohibited drug on local government\nproperty.\n3.6 Appropriate behaviour and adequate clothing\n(1) A person over the age of 6 years shall not on or in any local government property—\n(a) appear in public unless properly dressed in clothing which covers the body to prevent indecent\nexposure, except where the property is set aside for the wearing of no clothes under clause 2.1;\n(b) loiter outside or act in an inappropriate manner in any portion of a toilet block or change room\nfacility; or\n(c) without the consent of the occupier, enter or attempt to enter any toilet or other compartment\nwhich is already occupied.\n(2) Where an authorised person, an attendant or a manager considers that the clothing of any person\non local government property is not proper or adequate to cover the body so as to prevent indecent\nexposure, the authorised person may direct that person to put on adequate clothing and that person\nshall comply with that direction immediately.\n3.7 Refusal of entry to local government property\n(1) Subject to clauses 4.3 and 4.4, an authorised person, manager or attendant may refuse to allow\nentry, or suspend admission, to any local government property to any person whom he or she reasonably\nsuspects has behaved in a manner contrary to the provisions of this Part.\n(2) A refusal or suspension under subclause (1) can be for any period of up to 12 months as determined\nby an authorised person.\n(3) Subclause (1) does not apply to a venue where Council or Committee meetings are held.\nDivision 2—Signs\n3.8 Signs\n(1) The local government may erect a sign on local government property specifying any conditions of\nuse which apply to that property.\n(2) A person must comply with a sign erected under clause 3.8(1).\n(3) A condition of use specified on a sign erected under clause 3.8(1) must not be inconsistent with any\nprovision of this local law or any determination.\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4573\nPART 4—SPECIFIC MATTERS RELATING TO TYPES OF LOCAL GOVERNMENT\nPROPERTY\nDivision 1—Public swimming pools and other recreation facilities\n4.1 General prohibitions\nA person shall not—\n(a) obstruct an authorised person, manager or attendant in carrying out his or her duties;\n(b) fail to comply with a direction given by an authorised person, manager or attendant—\n(i) refusing admission to a person;\n(ii) directing a person to leave the public swimming pool or recreational facility; or\n(iii) directing a person in relation to his or her use of the public swimming pool or recreation\nfacility;\n(c) fail to comply with a direction given by an authorised person or manager suspending admission\nto a person;\n(d) permit an animal to enter or remain in or about a public swimming pool or recreational facility\nwhere such entry is prohibited by a sign;\n(e) consume any food or drink in an area where consumption is prohibited by a sign; or\n(f) foul or pollute the water in a public swimming pool.\n4.2 Use of all or part of a public swimming pool or recreation facility\nAn authorised person, manager or attendant may—\n(a) direct that all or part of a public swimming pool or recreation facility is for the use of certain\npersons to the exclusion of others; and\n(b) direct a person as to that person’s use of the public swimming pool or recreation facility.\n4.3 When entry and use may be refused\n(1) An authorised person, manager or attendant may—\n(a) refuse admission to; or\n(b) direct to leave; or\n(c) cause to be removed from,\na public swimming pool, the water at a public swimming pool or recreation facility any person where\nany of the requirements set out in clause 4.3(2) are not being complied with or for any reason set out in\nclause 4.3(3).\n(2) For the purposes of clause 4.3(1), the requirements are—\n(a) children under the age of 5 years must be accompanied into the public swimming pool or\nrecreation facility by a responsible adult, and must be supervised by that responsible adult\nwithin arms’ length at all times while within the public swimming pool or recreation facility;\n(b) a responsible adult can only be responsible for a maximum of 3 children under the age of 5\nyears at any one time; and\n(c) subject to clause 4.3(2)(a), children under the age of 12 years must be accompanied into the\npublic swimming pool or recreation facility by a responsible adult of age, and must be\nsupervised by that responsible adult within line of sight at all times while within the public\nswimming pool or recreation facility.\n(3) For the purposes of clause 4.3(1), the reasons are—\n(a) where the authorised person, manager or attendant reasonably suspects the person is—\n(i) suffering from any gastrointestinal disease, contagious, infectious or cutaneous disease\nor complaint or has unhealed wounds;\n(ii) in an unclean condition;\n(iii) wearing unclean clothes; or\n(iv) under the influence of liquor and/or a prohibited drug; or\n(b) if in the opinion of the authorised person, manager or attendant—\n(i) such action is necessary or desirable to prevent a contravention of this local law; or\n(ii) the person is committing a breach of any provision of this local law;\n(c) by reason of his or her past or present conduct within or about the public swimming pool or\nrecreation facility, has created or is creating a nuisance.\n4.4 Suspension of admission\nAn authorised person or manager may suspend admission for a minimum period of one day to any\nperson who has committed a breach of any provision of this local law in relation to the public swimming\npool or recreation facility.\nDivision 2—Fenced or closed property\n4.5 No entry to fenced or closed local government property\nA person must not enter local government property which has been fenced off or closed to the public by\na sign or otherwise unless authorised by the local government.\n\n","sortOrder":39},{"sectionNumber":"4574","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4574 GOVERNMENT GAZETTE, WA 29 August 2022\nDivision 3—Toilet blocks and change rooms\n4.6 No use of camera devices in toilet blocks or change rooms\nA person must not operate a camera device in any portion of a toilet block or change room to record or\ntransmit an image.\nPART 5—FEES FOR ENTRY ONTO LOCAL GOVERNMENT PROPERTY\n5.1 Payment of applicable fees for entry or participation\n(1) Subject to clause 5.1(2), where a fee is payable for entry to local government property or participation\nin an activity on or in any local government property, a person shall not enter that property or\nparticipate in the activity without first paying the applicable fee.\n(2) The local government may exempt a person from compliance with clause 5.1(1) on the application of\nthat person.\nPART 6—ACTIVITIES IN PUBLIC PLACES\n6.1 General prohibitions\n(1) Subject to this local law, a person shall not—\n(a) plant any plant on a thoroughfare—\n(i) within the vicinity of an intersection that creates a sight line hazard in relation to\npedestrians or drivers of vehicles using that intersection and which is not maintained at\nor below 0.5 metres in height; or\n(ii) so that it is within 2 metres of a carriageway, except in the case of grass or a similar\nplant to grass;\n(b) damage a lawn or garden on or in a public place or remove any plant or part of a plant from a\nlawn or garden on or in a public place unless—\n(i) the person is the owner or occupier of the lot abutting that portion of the thoroughfare\nand the lawn, garden or the particular plant was installed or planted by that owner or\noccupier; or\n(ii) the person is acting under the authority of a written law;\n(c) on a verge, repair or service any vehicle;\n(d) place, allow to be placed or allow to remain on a thoroughfare or verge anything that results\nin a hazard for any person using the thoroughfare or verge;\n(e) cause or permit any water from a hose or sprinkler to interfere with the use of any street, way\nor footpath by pedestrians;\n(f) play or participate in any game or sport so as to—\n(i) cause danger to any person on a thoroughfare; or\n(ii) obstruct the movement of vehicles or persons on a thoroughfare;\n(g) within a mall, arcade or verandah of a shopping or service centre, ride any bicycle, wheeled\nrecreational device or similar device; or\n(h) use anything or do anything so as to create a nuisance on or in a public place.\nDivision 2—Driving on a closed thoroughfare\n6.2 No driving on closed thoroughfare\nA person must not drive or take a vehicle on a closed thoroughfare unless—\n(a) it is in accordance with any limit or exception specified in the order made under section 3.50 of\nthe Act; or\n(b) the person has first obtained the consent of the local government.\nDivision 3—Property numbers\n","sortOrder":40},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Preliminary","content":"Subdivision 1—Preliminary\nIn this Division, unless the context requires otherwise—\nnumber means a number of a lot with or without an alphabetical suffix indicating the address of\nthe lot by reference to a thoroughfare.\n","sortOrder":41},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Assignment and marking of numbers","content":"Subdivision 2—Assignment and marking of numbers\n6.4 Assignment of number\nThe local government may assign a number to a lot in the district and may assign another number to\nthe lot instead of that previously assigned.\nDivision 4—Signs erected by the local government\n6.5 Signs\n(1) The local government may erect a sign on a public place specifying any conditions of use which apply\nto that place.\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4575\n(2) A person must comply with a sign erected under clause 6.5(1).\n(3) A condition of use specified on a sign erected under clause 6.5(1) is to be for the purpose of giving\nnotice of the effect of the provision of a local law.\n6.6 Transitional\nWhere a sign erected on a public place has been erected under a local law of the local government\nrepealed by this local law, then on and from the commencement day, it is to be taken to be a sign erected\nunder clause 6.6 if the sign is not inconsistent with any provisions of this local law.\nPART 7—OBSTRUCTING ANIMALS OR VEHICLES ON OR IN LOCAL GOVERNMENT\nPROPERTY AND PUBLIC PLACES\nDivision 1—Animals\n7.1 Leaving an animal on local government property or in a public place\nA person must not leave an animal on local government property or a public place so that it obstructs\nthe use of any part of that local government property or public place unless that person—\n(a) has first obtained permission from the local government; or\n(b) is authorised to do so under a written law or a determination made under this local law.\n7.2 Prohibitions relating to animals\n(1) In this clause, owner in relation to an animal includes—\n(a) the owner of the animal;\n(b) a person who has the animal in his or her possession or under his or her control; or\n(c) the occupier of any premises where the animal is ordinarily kept or ordinarily permitted to live.\n(2) An owner of an animal must not—\n(a) allow the animal to enter or remain for any time on any thoroughfare except for the use of the\nthoroughfare and unless it is led, ridden or driven;\n(b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in or\non local government or a public place;\n(c) train or race the animal on a thoroughfare; or\n(d) subject to clause 7.2(4), allow the animal to defecate on local government property or in a public\nplace.\n(3) An owner of a horse must not lead, ride or drive the horse on a thoroughfare in a built-up area,\nunless the person does so with the permission of the local government or under the authority of a\nwritten law.\n(4) An owner of an animal does not commit an offence if the defecation is immediately removed.\n7.3 Removal of animals\nAn authorised person may impound an animal left on or in local government property or a public place\ncontrary to clause 7.2.\nDivision 2—Vehicles\n7.4 Leaving a vehicle in a public place\nA person must not leave a vehicle, or any part of a vehicle, in a public place so that it obstructs the use\nof any part of that public place, unless that person has first obtained a permit from the local government\nor is authorised to do so under a written law.\nPART 8—TRADING IN PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY\n8.1 Restrictions and requirement to obtain authorisation\n(1) A person must not carry on trading on local government property or in a public place unless—\n(a) subject to clause 8.1(2), that person is—\n(i) the holder of written permission by the local government for that purpose; or\n(ii) an assistant specified in the written permission for trading; and\n(b) if required by the local government, public liability insurance in respect of the trading activity\nhas been taken out by the relevant person; and\n(c) if the person is trading in food, the place of trading must comply with the requirements of the\nlocal governments Health Local Laws including but not limited to access to a supply of potable\nwater and/or the disposal of wastewater.\n(2) The local government may by written notice exempt a person or class of persons from the need to\nobtain a permit.\n(3) In determining whether to grant an exemption under clause 8.1(2), the local government may have\nregard to the matters set out in any local government policy.\n8.2 Exemptions from requirement to pay a fee\n(1) The local government may waive any fee required to be paid for the purpose of trading on local\ngovernment property if the trading is carried on—\n\n","sortOrder":42},{"sectionNumber":"4576","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4576 GOVERNMENT GAZETTE, WA 29 August 2022\n(a) a portion of local government property or a public place adjoining the normal place of business\nof the applicant; or\n(b) by a charitable organisation that—\n(i) does not sublet space to commercial participants; or\n(ii) does not involve commercial participants in the conduct of the stall or trading.\n(2) In this clause 8.1, commercial participant means any person who is involved in operating or in\nconducting any trading activity for personal gain or profit.\n8.3 Insurance\nIf required by the local government to hold public liability insurance in respect of the permit holder’s\ntrading activities, a permit holder must produce to an authorised person a current certificate of\ninsurance upon the direction of that authorised person.\nPART 9—OBJECTIONS AND APPEALS\n9.1 Objection and appeal rights\nWhere the local government makes a decision as to whether it will—\n(a) grant a person consent; or\n(b) renew, vary or cancel that consent that a person has under this local law, the provisions of\nDivision 1 of Part 9 of the Act and regulation 33 of the Regulations apply to that decision.\nPART 10—MISCELLANEOUS\nDivision 1—Authorised person\n10.1 Authorised person to be obeyed\nA person in or on local government property or a public place—\n(a) must obey any lawful direction of an authorised person; and\n(b) must not in any way obstruct or hinder an authorised person in the execution of his or her\nduties.\n10.2 Persons may be directed to leave local government property or a public place\nAn authorised person may direct a person to leave local government property or a public place where\nhe or she reasonably suspects that the person has contravened a provision of this local law.\nDivision 2—Notices\n10.3 Liability for damage to local government property or a public place\n(1) Where a person unlawfully damages local government property or a public place, the local\ngovernment may by notice in writing to that person require that person within the time specified in the\nnotice to, at the option of the local government, pay the costs of—\n(a) reinstating the property to the state it was in prior to the occurrence of the damage; or\n(b) replacing that property.\n(2) On a failure to comply with a notice issued under clause 10.3(1), the local government may recover\nthe costs referred to in the notice as a debt due to it.\n10.4 Notice to remove thing unlawfully placed on thoroughfare\nWhere anything is placed on a thoroughfare contrary to this local law, the local government or an\nauthorised person may give a notice to—\n(a) the owner or the occupier of the property which abuts that portion of the thoroughfare where\nthe thing has been placed; or\n(b) such other person who may be responsible for the thing being so placed, requiring the relevant\nperson to remove the thing.\n10.5 Notice to repair damage to thoroughfare\nWhere any portion of a thoroughfare has been damaged, the local government or an authorised person\nmay by notice to the person who caused the damage order the person to repair or replace that portion\nof the thoroughfare.\nPART 11—ENFORCEMENT\nDivision 1—Notices given under this local law\n11.1 Offence to fail to comply with a notice\nA person who fails to comply with a notice given to him or her under this local law commits an offence.\n11.2 Local government may undertake requirements of a notice\nIf a person fails to comply with a notice given to him or her under this local law, the local government\nmay do, or arrange to be done, the thing specified in the notice and recover from the person to whom\nthe notice was given, as a debt, the costs incurred in doing so.\n\n29 August 2022 GOVERNMENT GAZETTE, WA 4577\nDivision 2—Offences and penalties\n11.3 Offences and general penalty\n(1) A person who—\n(a) fails to do anything required or directed to be done under this local law; or\n(b) does an act or omits to do an act contrary to this local law,\ncommits an offence.\n(2) A person who commits an offence under this local law is liable, upon conviction to—\n(a) a penalty not exceeding $5,000; and\n(b) if the offence is a continuing offence, an additional penalty not exceeding $500 for each day or\npart of a day during which the offence has continued.\n11.4 Prescribed offences\n(1) An offence against an item specified in Schedule 1 is a prescribed offence for the purposes of section\n9.16 of the Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the item in\nSchedule 1.\n11.5 Form of 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\nSchedule 1 of the Regulations; and\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of\nthe Regulations.\n(2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence\nagainst clause 2.4, the notice is to contain a description of the alleged offence.\nDivision 3—Person to give name and address on demand\n11.6 Requirement to give name and address on demand\n(1) An authorised person may—\n(a) upon finding a person committing or having committed; or\n(b) on reasonable grounds suspecting a person of having committed, an offence against this local\nlaw, demand from the person the person’s name, place of residence and date of birth.\n(2) A person from whom information is demanded in accordance with clause 14.6(1) commits an offence\nif the person—\n(a) refuses without lawful excuse to give the information; or\n(b) gives information that is false or misleading in any material particular.\n————\nSCHEDULE 1—PRESCRIBED OFFENCES\n[Clause 11.4(1)]\nITEM CLAUSE DESCRIPTION MODIFIED\nPENALTY\n1. 2.4 Failure to comply with a determination $300\n2. 3.1 Behaviour on local government property which interferes\nwith others\n$300\n3. 3.2 Behaviour on local government property detrimental to\n$300\n4. 3.3 Removing or injuring any fauna on local government\n$300\n5. 3.4 Entering or remaining on local government property while\ndrunk or under the influence of a prohibited drug\n$300\n6. 3.5 Taking or consuming a prohibited drug on local government\n$300\n7. 3.6(1)(a) Failing to wear adequate clothing to prevent indecent\nexposure on local government property\n$300\n8. 3.6(1)(b) Loitering outside or acting in an inappropriate manner in a\ntoilet block or change room facility on local government\n$300\n9. 3.6(1)(c) Entering or attempting to enter an occupied toilet or other\ncompartment without the consent of the occupier\n$300\n\n","sortOrder":43},{"sectionNumber":"4578","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 29 August 2022","content":"4578 GOVERNMENT GAZETTE, WA 29 August 2022\nITEM CLAUSE DESCRIPTION MODIFIED\nPENALTY\n10. 3.6(2) Failing to comply with a direction to put on adequate\nclothing\n$300\n11. 3.7 Unauthorised entry to local government property $300\n12. 3.8(2) Failure to comply with a sign on local government property\nregarding conditions of use\n$300\n13. 4.1 Carrying out a prohibited activity at a public swimming\npool or recreation facility\n$300\n14. 4.5 Unauthorised entry to fenced off or closed local government\n$300\n15. 4.6 Using a camera device to record or transmit an image in a\ntoilet, shower or change room\n$300\n16. 5.1(1) Entering local government property without paying the\nrequired fee\n$300\n17. 6.1(a) Planting a plant on a thoroughfare in a prohibited manner $300\n18. 6.1(b) Damaging a lawn or garden or removing any plant or part\nof a plant on or in a public place\n$300\n19. 6.1(c) Repairing or servicing any vehicle on a verge $300\n20. 6.1(d) Placing, allowing to be placed or allowing to remain on a\nthoroughfare or verge an obstructive or hazardous thing\n$300\n21. 6.1(e) Causing or permitting water from a hose or sprinkler to\ninterfere with the use of any street, way or footpath by\npedestrians\n$300\n22. 6.1(f) Playing games or sport in a prohibited manner on or in a\nthoroughfare\n$300\n23. 6.1(g) Riding a bicycle or wheeled recreational device within a\nmall, arcade or verandah of a shopping or service centre\n$300\n24. 6.1(h) Creating a nuisance on or in a public place $300\n25. 6.2(b) Driving or taking a vehicle on a closed thoroughfare without\nconsent of the local government\n$500\n26. 6.5(2) Failure to comply with a sign on a public place $300\n27. 7.1 Leaving an animal in a public place or local government\nproperty without permission from the local government\n$300\n28. 7.2(2)(a) Allowing an animal to enter or remain on a thoroughfare $300\n29. 7.2(2)(b) Allowing an animal with a contagious or infectious disease\nto enter local government property or a public place\n$300\n30. 7.2(2)(c) Training or racing an animal on a thoroughfare $300\n31. 7.2(2)(d) Allowing an animal to defecate on local government\nproperty or a thoroughfare and failing to remove defecation\n$300\n32. 7.2(3) Leading, riding or driving a horse on a thoroughfare in a\nbuilt-up area without authorisation\n$300\n33. 7.4 Leaving a vehicle in a public place which causes an\nobstruction without authorisation\n$300\n34. 8.1 Carrying on trading in a restricted area without the express\nwritten consent of the local government\n$300\n35. 8.1(1) Carrying on trading in a public place or on local government\nproperty contrary to local law\n$300\n36. 10.1(b) Obstructing or hindering an authorised person in the\nexecution of his or her duties\n$300\n37. 11.1 Failure to comply with a notice $300\n38. 11.6(2)(a) Refusing to give name and address contrary to local law $300\n39. 11.6(2)(b) Giving false or misleading information regarding name and\naddress etc.\n$300\nDated this 22nd day of August 2022\nThe Common Seal of the Shire of Meekatharra was affixed by authority of a resolution of the Council\nin the presence of—\nHARVEY NICHOLS, Shire President.\nKELVIN MATTHEWS, Chief Executive Officer.","sortOrder":44}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":942},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent. The Health Local Law 2021 replaces a 2008 version with updated standards, while the Property and Public Places Local Law 2021 consolidates two earlier separate laws (2007 Property Law and 2007 Activities in Thoroughfares Law) into a single instrument. The scope remains focused on local public health, housing standards, and management of council property without significant expansion beyond these traditional local government functions."},"complexity_factors":["Extensive cross-referencing to other legislation (Health Act 1911, Local Government Act 1995, Building Code, multiple Australian Standards)","47+ defined terms in interpretation sections across both laws","Nested conditional requirements with multiple exceptions (e.g., animal keeping rules with grandfather clauses, sand floor exceptions)","Detailed technical specifications (e.g., 1.8m impervious wall height in bathrooms, 150mm clear opening in stable roofs, 1.2mm mesh for mosquito screening)","Dual legislative structure with overlapping but distinct regimes (health vs property management)","Prescribed offence schedules with 27 and 39 items respectively, each with specific modified penalties","Multiple approval and registration systems (lodging houses, offensive trades, bee keeping, feedlots, determinations)","Conditional logic for water supply alternatives and exemptions based on property size or location"],"plain_english_summary":"The Shire of Meekatharra’s two 2022 local laws set local public-health standards and regulate behaviour on council land. The Health Local Law imposes housing, water, pest, animal‑keeping, lodging‑house and infectious‑disease controls to protect community sanitation. The Property and Public Places Local Law governs conduct, animal and pool rules, street trading and enforcement on public land. Both affect residents, property owners and businesses and include appeal rights under the Local Government Act."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument repeals and replaces earlier local laws and applies throughout the Shire. It preserves the local government’s regulatory reach over health, property use and public places while adding detailed technical requirements and updated procedural provisions; there is no evident expansion beyond the district or core subject areas set out in the repealed laws."},"complexity_factors":["Length and breadth: multiple subject areas (health, accommodation, animals, pests, trades, public places) consolidated into two local laws","Extensive defined terms and cross‑references to other statutes and Australian Standards","Numerous permissions, registrations and licensing regimes with renewal and transfer requirements","Wide enforcement discretions given to Authorised Officers and the local government (notices, variations, revocations, directions)","Detailed technical and construction standards (Building Code, Food Standards, plumbing, ventilation, fire safety)","Multiple offence categories, prescribed penalties and infringement processes with civil cost recovery provisions","Transitional provisions preserving prior approvals and signs, creating administrative continuity challenges"],"plain_english_summary":"These linked local laws set mandatory standards across the Shire of Meekatharra for public health and sanitation, pest control, animal keeping, lodging houses, offensive trades, trading in public places and the use of local government property. Owners, occupiers, traders and event organisers must obtain approvals or registrations, meet specified construction and hygiene standards, pay fees, and follow directions from Authorised Officers; the local government decides approvals, issues notices and enforces penalties for non‑compliance."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-meekatharra-local-government-property-and-public-places-local-law-2022","history":"/api/acts/shire-of-meekatharra-local-government-property-and-public-places-local-law-2022/history","analysis":"/api/acts/shire-of-meekatharra-local-government-property-and-public-places-local-law-2022/analysis","conflicts":"/api/acts/shire-of-meekatharra-local-government-property-and-public-places-local-law-2022/conflicts","importantCases":"/api/acts/shire-of-meekatharra-local-government-property-and-public-places-local-law-2022/important-cases","documents":"/api/acts/shire-of-meekatharra-local-government-property-and-public-places-local-law-2022/documents"}}