{"id":"wa-local:kwinana-city-of-the-town-of-kwinana-health-keeping-of-horses-and-equine-premises-local-laws-1997","name":"The Town of Kwinana Health (Keeping of Horses and Equine Premises) Local Laws 1997","slug":"the-town-of-kwinana-health-keeping-of-horses-and-equine-premises-local-laws-1997","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438389,"registerId":"wa-local:kwinana-city-of-the-town-of-kwinana-health-keeping-of-horses-and-equine-premises-local-laws-1997-pdf-1775954834703","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"The Town of Kwinana Health (Keeping of Horses and Equine Premises) Local Laws 1997","content":"GOVERNMENT GAZETTE, WA 73511 February 1998]\nPUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM\nPERTH, WEDNESDAY, 11 FEBRUARY 1998 No. 28\n735WESTERN\nAUSTRALIAN\nGOVERNMENT\nSPECIAL\nPRINT POST APPROVED PP665002/00041\nTOWN OF KWINANA\nHEALTH (KEEPING OF HORSES AND\nEQUINE PREMISES) LOCAL LAWS 1997\nHEALTH AMENDMENT LOCAL LAWS 1997\nHEALTH ACT 1911\n\nGOVERNMENT GAZETTE, WA [11 February 1998736\n\nGOVERNMENT GAZETTE, WA 73711 February 1998]\nHEALTH ACT 1911\nTOWN OF KWINANA\nHEALTH (KEEPING OF HORSES AND EQUINE PREMISES)\nLOCAL LAWS 1997\nMade by the Council of the Town of Kwinana under the Health Act 1911.\nCITATION\n1. These Local Laws may be cited as the Town of Kwinana Health (Keeping of Horses and Equine Premises)\nLocal Laws 1997.\nINTERPRETATION\n2. In these Local Laws, unless the context otherwise requires—\n“approved” means approved by the Manager Health Services unless otherwise stated.\n“associated building or facilities” includes a feed room, gear room, shoeing area, hosing down\narea, lunging yard, rolling yard, Veterinary treatment area, and a vehicle and float storage area\nused in the keeping, caring or management of horses.\n“Council” means the Council of the Town of Kwinana.\n“drinking water” has the same meaning as in the Australian Drinking Water Guidelines 1996, as\npublished by the National Health & Medical Research Council.\n“dwelling house” means a building used solely for human habitation and also means any part of\na building which is designed for use as a self contained unit for living purposes and is solely for\nhuman habitation.\n“enclosed area” means the fenced area of land where horses are permitted access for any purpose.\n“Environmental Health Officer” means an environmental health officer appointed by the\nCouncil under the Health Act and includes any acting or assistant environmental health officer.\n“equine premises” means any lot or part of a lot of land including buildings and facilities used for\nthe keeping of a horse or horses for any purposes whatsoever.\n“footings” means the construction by which the weight of the building is transferred to the founda-\ntions.\n“free range” means keeping a horse or any number of horses approved to be kept on a fenced lot,\nholding or paddock without impediment or restraint allowing horses to graze available pasture\nand move or range at will.\n“habitable room” means a room which is designed, constructed, or adapted for the activities\nnormally associated with domestic living and for the purpose—\n(a) includes a bedroom, living room, lounge room, music room, television room, kitchen, dining\nroom, sewing room, study, play room, family room, sun room and the like, but;\n(b) excludes bathrooms, laundries, water closets, spaces such as food storage pantries, walk-in\nrobes, corridors, hallways, lobbies, photographic art rooms, clothes drying rooms and other\nspaces, of a specialised nature occupied neither frequently nor for extended periods and in\nany other room not having a major opening.\nIt shall also include workplaces.\n“horse” means a Stallion, Filly, Mare, Gelding, Pony, Colt or Foal and includes any Ass, Mule and\nany beast of whatever description used for burden or draft or for carrying persons.\n“kept intensively” means the keeping or rearing of horses in excess of those stocking rates\nrecommended by the Department of Agriculture and the requirements of Subsection 3(3).\n“Manager Health Services” means an Environmental Health Officer appointed by the Council to\nthe Office of Manager Health Services and includes an Acting Manager Health Services.\n“natural shelter” means a mature tree or a belt of trees.\n“persons” and the words applying to any person, means any individual and includes a Corporation.\n“rolling yard” or “lunging yard” means a roofed or unroofed area where horses are contained or\nexercised and may roll after being washed down.\n“schedule” means a Schedule to this Local Law.\n“scheme” means the operative Town of Kwinana Town Planning Scheme.\n“shelter” in relation to stabling of horses means a single walled, roofed building provided on an\nequine premises for protection of horses from inclement weather.\n“special rural zone and rural zone” have the meaning as described by the Scheme.\n\nGOVERNMENT GAZETTE, WA [11 February 1998738\n“stable” means any building used for the keeping, breeding, caring, feeding and rearing of horses.\n“stable shelter” in relation to stabling of horses means a 3 or 4 walled and fully roofed structure\nwith or without a concrete floor provided for the substantial protection of horses from inclement\nweather. Such shelter may be provided and approved in lieu of a stable.\n“stable yard” means any enclosed area abutting a stable shelter.\n“stall” means a single compartment for one animal in a stable and shall include a loose box.\n“suitably fenced” means having a fence of suitable fencing materials and gates surrounding a\npaddock, which is capable of restraining horses within the enclosed area at all times.\n“vectors of disease” means an arthropod or rodent that transmits, by biological or mechanical\nmeans, an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs,\ncrab lice, body lice and head lice.\n“waste” includes matter—\n(a) whether liquid, solid, gaseous or radioactive and whether useful or useless, which is dis-\ncharged into the environment; or\n(b) prescribed to be waste.\nAPPLICATION OF LOCAL LAWS\n3. The provisions of these Local Laws do not apply at the exclusion of, but in conjunction with, any other\nActs, Regulations, Local Laws, Orders, Codes, or Rules being in force within the Town of Kwinana.\nAs from and after the date of these Local Laws coming into operation—\n(1) no person shall keep or stable a horse—\n(i) unless the area is zoned for Rural, Recreation or Special Rural and stables and Equine uses\nare permitted by the Scheme; and\n(ii) except on an Equine Premises registered in accordance with the requirements of Section 3\nof these Local Laws.\n(2) No person shall keep horses without approved natural shelter, or keep a greater number of\nhorses than that number equal to the number of stalls provided within the stable or single\nstable shelter for which the lot, landholding or property is registered, or the number of horses\npermitted to be stabled or kept on the property, landholding or lot with approved natural shel-\nter, except in the instances where the horse is a foal at foot under the age of 12 months. The\nnumber of horses permitted will be limited as follows—\n(i) Landholdings less than 1500m 2\n—horses prohibited;\n(ii) Landholdings between 1500-2500m 2— up to 4 horses may be kept intensively in an enclosed\narea with stables or stable shelters if the property is serviced with scheme water supplied\nfrom a Licensed Water Service Operator.\n(iii) Landholdings equal to 2500m2 but not exceeding 4000m 2\n—up to a maximum of 8 horses\nmay be kept intensively in an enclosed area with stables or stable shelters.\n(iv) Landholdings equal to 4000m 2 but not exceeding 5 hectares—the number of horses to be at\nthe discretion of Council, taking into consideration the land holding capability, conserva-\ntion, groundwater level, proximity to water courses and sources of drinking water intended\nfor human consumption and may be up to but shall not be more than 5 horses at free range\nin an enclosed area with or without stables, or stable shelters.\n(v) Landholdings exceeding 5 hectares, the maximum number of horses shall not exceed 1\nhorse per hectare at free range in an enclosed area.\n(3) numbers of horses in excess of the requirements of Section 3(2) shall be deemed to be kept\nintensively and may be approved by Council or the Manager Health Services where there is\ncompliance with a Management Plan submitted by the applicant and approved by the Manager\nHealth Services taking into consideration the landholding capability, conservation areas,\ngroundwater level, proximity to water courses and sources of drinking water intended for hu-\nman consumption, other setback distances or Building Envelopes prescribed in the Scheme\nand the requirements of these Local Laws.\n(4) notwithstanding the provisions of Sections 3(2) and 3(3)—\n(i) Council may declare certain areas as areas where horses are prohibited and Equine Premises\ncannot be located and registered;\nEXISTING REGISTERED AND/OR APPROVED EQUINE PREMISES\n(5) nothing contained in Section 3(12), shall adversely affect the right of a person to continue to use\nan Equine Premises which was previously approved and/or registered by the Council, which\ncontravenes these Local Laws provided that—\n(i) any existing stable or stable shelter to which these Local Laws apply shall be and be deemed\nto be registered by Council as an equine premises pursuant to and in accordance with these\nLocal Laws from and inclusive of the date upon which these Local Laws were gazetted;\n(ii) any equine premises to which these Local Laws apply which fails to comply with the provi-\nsions of Section 5 herein, shall be brought into compliance with the provisions of Section 5\nwithin twelve (12) months of the date upon which these Local Laws were gazetted.\n(iii) Any equine premises and the like to which this Section applies shall in any event be re-\nquired to comply with the provisions of Section 12 herein and Orders made pursuant thereto.\n\nGOVERNMENT GAZETTE, WA 73911 February 1998]\nPOWER TO GRANT OR REFUSE AN APPLICATION\n(6) notwithstanding the provisions of Section 3(1) to 3(5) inclusive, where the Council or Manager\nHealth Services is of the opinion after receiving a report that—\n(a) the keeping of a horse or horses on the premises may cause a nuisance, is injurious or\ndangerous to health, Council or the Manager Health Services may—\n(i) refuse to grant registration;\n(ii) refuse to grant renewal of registration;\n(iii) refuse to grant variation of registration; or\n(iv) refuse to transfer registration.\n(b) the keeping of a horse or horses on the premises is not likely to cause a nuisance, or be\ninjurious or dangerous to health, Council or the Manager Health Services may—\n(i) grant, renew, vary or transfer the registration limiting the number of horses to be kept;\n(ii) grant, renew, vary or transfer the registration subject to compliance with conditions\nrelating to the requirements of these Local Laws that may be imposed from time to\ntime.\nAPPLICATION FOR REGISTRATION OF EQUINE PREMISES\n(7) every person required by these Local Laws to register any premises as an equine premises,\nshall make written application for registration of equine premises substantially in the pre-\nscribed form in Schedule 1 and lodge the application with Council, together with the prescribed\nfee under Section 4 of these Local Laws.\nWith every application for initial registration, there shall be lodged in respect of the premises\nfor which the registration is applied, such plans, specifications, drawings, Environmental Health\nManagement Plan, such particulars and information as the Manager Health Services may\nrequire and include the following details—\n(a) Property location relevant to adjoining lots and adjacent road reserves;\n(b) Property plan showing all existing developments and contour details;\n(c) Water supply details including existing or proposed bores and storage tanks for human or\nanimals;\n(d) Stable, stable shelter and/or natural shelter details including all measurements and con-\nstruction and tree species.\n(e) On-site sewage treatment systems, effluent disposal areas and other probable sources of\npollution including all drains;\n(f) Depth to groundwater (highest known level) and drinking water source location, type of\nwater supply system and storage capacity;\n(g) The type of accommodation and number of employees (if applicable).\n(h) Wetlands and water courses.\nIf, after being satisfied that the premises comply or can be amended to comply with these Local\nLaws, the Manager Health Services shall approve such application to register an equine premises\nwith or without conditions relating to the requirements of these Local Laws.\nRegistration of equine premises shall only be granted in the name of the owner of the property,\nor an occupier holding a contractual lease over the property from the owner of the land where\nthe horse is kept.\nCERTIFICATE OF REGISTRATION\n(8) (a) A Certificate of Registration of an equine premises shall be substantially in the form of\nSchedule 4.\n(b) A Certificate of Registration (including any conditions) shall be deemed to be renewed upon\npayment of the renewal of registration fee in accordance with Section 4 of these Local Laws\non or before 1 July each year. Registration can be validated by the production of a cash\nregister receipt of the Town of Kwinana for the current year, showing the details of the\nequine premises and the maximum number of horses permitted to be kept at any one time.\n(c) When requested by an Environmental Health Officer to do so, the owner or occupier shall\nproduce to the Environmental Health Officer the Certificate of Registration and the\ncurrent year’s cash register receipt.\nVARIATIONS TO REGISTERED EQUINE PREMISES\n(9) (a) Where the owner of occupier of registered equine premises intends to—\n(i) alter or amend the buildings, facilities or land designed and/or used for the keeping of\na horse or horses and equine activities; or\n(ii) keep a number of horses in excess of the number of horses permitted on the current\nCertificate of Registration;\nThe owner or occupier shall make application for variation of registration substantially in\nthe form of Schedule 2 to these Local Laws and lodge the application with Council with the\nprescribed fee under Section 4 of these Local Laws.\n(b) With every application for variation of Registration, there shall be lodged in respect of the\npremises for which the registration is applied, such plans, specifications, drawings,\nEnvironmental Health Management Plan, such particulars and information as the\nManager Health Services may require in accordance with these Local Laws.\n\nGOVERNMENT GAZETTE, WA [11 February 1998740\n(c) If, after being satisfied that the premises comply or can be amended to comply with these\nLocal Laws, the Manager Health Services shall approve such application to vary the regis-\ntration with or without conditions relating to the requirement of these Local Laws.\n(10) The Registration shall be deemed to be invalid where the buildings, the facilities or the number\nof horses have been altered or increased without approval.\nSALE OF PREMISES AND TRANSFER OF REGISTRATION\n(11) (a) Any person in whose name an equine premises is registered who wishes to sell that premises\nand/or to have the same transferred to the proposed owner/or occupier, then the holder of\nthe registration shall make application substantially in the form of Schedule 3 to these\nLocal Laws and such application shall be lodged with the Council together with the pre-\nscribed fee under Section 4 of these Local Laws within seven (7) days of the date of sale or\nlease of the property.\n(b) Upon receipt of the application to transfer the registration, the premises may be inspected\nby an Environmental Health Officer and reported upon in respect of such matters as re-\nquired by these Local Laws.\n(c) If, after being satisfied that the premises comply or can be amended to comply with these\nLocal Laws, the Manager Health Services shall approve such application to transfer with\nor without conditions relating to the requirements of these Local Laws and the Equine\nPremises shall be registered in the name of the proposed owner or occupier.\nANNUAL RENEWAL OF REGISTRATION\n(12) (a) Upon receipt of an application to renew the registration, the premises may be inspected by\nan environmental Health Officer and reported upon in respect to such matters as are re-\nquired by these Local Laws.\n(b) If, upon such application for renewal of registration and a report being submitted by the\nEnvironmental Health Officer, it shall appear to the Manager Health Services that such\napplication for renewal of registration is able to be granted, then provided the prescribed\nregistration fee under Section 4 has been paid, the Manager Health Services after being\nsatisfied the premises comply or can be made to comply with these Local Laws, shall renew\nthe registration of such premises with or without conditions relating to the requirements of\nthese Local Laws, as an equine premises.\n(c) Subject to sub-section 12(iii), a Certificate of Registration (including any conditions) shall\nbe deemed to be renewed upon payment of the renewal of registration fee in accordance\nwith Section 4 of these Local Laws on or before 1 July each year. Registration can be vali-\ndated by the production of a cash register receipt of the Town of Kwinana for the current\nyear, showing the details of the equine premises and the maximum number of horses per-\nmitted to be kept at any one time—\n(i) Registration of an equine premises shall be applied for annually on or before 1 July\neach year and, subject to the Act and to the provisions of these Local Laws, have effect\nfor one (1) year from that date.\n(ii) If the equine premises has not been altered and the maximum number of horses has\nnot been increased since the previous registration of an equine premises, it is sufficient\ncompliance with sub-section 12(c)(i) if the fee prescribed under Section 4 of these Local\nLaws is paid to the Town of Kwinana on or before 1 July each year accompanied by\nwritten notification of the address of the equine premises, the maximum number of\nhorses kept on the premises, and the name of the owner and/or occupier, as the case\nmay be.\n(iii) Where sub-section 12(c)(ii) applies, the production of the previous Certificate of Regis-\ntration of an equine premises, together with a receipt issued by the Town of Kwinana\nfor the current year’s fee prescribed under Section 4 of these Local Laws is sufficient to\nvalidate compliance.\n(d) With every application, renewal, variation and transfer of the registration, there shall be\npaid to the Town of Kwinana by the person whom such application is made, a prescribed fee\nin accordance with Section 4 of these Local Laws.\nPRESCRIBED FEES\n4. Where fees are required to be paid for registration, renewal, variation or transfer of a registration, the\nfee shall be imposed by Council when adopting the budget and at such other times in accordance with\nSection 344C of the “Health Act 1911.”\nREQUIREMENTS FOR THE CONSTRUCTION OF STABLES AND STABLE SHELTERS\n5. Every stable or stable shelter in respect to which an application is made and for which an application\nis approved, must fulfil all the following requirements prior to such registration, renewal, variation of\ntransfer of registration being granted by the council or Manager Health Services—\n(1) (a) the construction of the stables or stable shelter and its situation with respect to adjacent\nbuildings shall comply with the Building Code of Australia and the Town of Kwinana Town\nPlanning Scheme but the Council or Manager Health Services may, if it is fitting, waive\nstrict compliance with this requirement with respect to any stable or stable shelter in\nexistence prior to the date of these Local Laws coming into force, except for Section 5(2)(a)\nto 5(2)(e) inclusive.\n\nGOVERNMENT GAZETTE, WA 74111 February 1998]\n(b) Every stable or stable shelter shall have a floor area of not less than 11 square metres. The\nupper surface of the floor shall be raised at least 75 mm above the surface of the surround-\ning ground and shall be constructed of approved impervious material. The floor shall have\na fall of 1:100 to an approved drainage system and shall be impervious, except in accord-\nance with sub-sections 5(2)(a) to 5(2)(e) inclusive.\n(c) Every stable or stable shelter shall have walls to a number and thickness as approved and\nsuch walls shall be constructed of new concrete, brick, stone, wood, galvanised iron or other\napproved (including second hand) material and shall be not less than 2.75 metres when\nmeasured both horizontally and vertically, except in accordance with sub-sections 5(2)(a) to\n5(2)(e) inclusive.\n(d) Every stable or stable shelter shall have doors or openings not less than 1.2 metres wide\nand 2.4 metres high.\n(e) Every stable or stable shelter shall have a roof constructed of an approved impervious\nmaterial.\n(f) Every stable or stable shelter shall be provided with adequate ventilation sufficient to\nprevent the accumulation of ammonia, stale air and moisture.\n(g) Every stable or stable shelter shall be located at a distance—\n(i) not less than 24 metres from the property alignment of a street;\n(ii) not less than 9 metres from any street in the case of a corner site;\n(iii) not less than 900 mm from the boundary of a site other than a street boundary, unless\nthe external wall adjoining the boundary is carried up and has a parapet, at least 375\nmm in height above the roof or gutter of the building;\n(iv) not less than 18 metres from any Food Premises, or building used as a dwelling house,\nwhether on the same site, or on any adjoining allotment, or not less than 10 metres\nfrom any accommodation for trainers or employees;\n(v) not less than 30 metres from any bore, well, stream or underground source of water\nwhere the water is intended for human consumption and provided that the bore or well\nis 300 mm above ground level and is capped and sealed with a concrete apron of 1.2m\nin diameter.\n(2) The construction of any stable or stable shelter with a sand floor may be permitted by the\nCouncil or Manager Health Services subject to—\n(a) The site must be well drained with the highest known water table no closer than 2 metres\nvertical to ground level or sand floor level and no closer than 100 metres horizontal to any\ndrain or water course. This may be achieved by filling and/or by drainage.\n(b) The sand used for the floor, no matter where obtained, must be clean, coarse and free from\ndust and clay.\n(c) Footings to each stable shall be a minimum of 450 mm below ground level.\n(d) The minimum access is 1.2 metres wide and 2.4m high.\n(e) The minimum floor area of each stall shall not be less than 11 square metres. Walls shall\nnot be less than 2.75 metres vertically or 3 metres horizontally and shall be covered with\nnew or approved materials.\n(f) In all other respects, sub-section 5(1) shall apply to a stable or stable shelter.\nREQUIREMENTS FOR THE CONSTRUCTION OF EQUINE PREMISES\n6. (i) Every building, structure or fence shall be constructed of new materials or materials approved by\nCouncil or the Manager Health Services.\n(ii) Every enclosed area shall have a fence or railing at a distance of not less than 1.2m from the\nboundary of any land not in the same occupation and/or possession and not less than 18 metres from any\nFood Premises, dwelling house or not less than 10 metres from any accommodation for trainers or em-\nployees.\n(iii) An application for exemption from Section 6(ii) shall be made in writing to the Manager Health\nServices and may be approved by Council or the Manager Health Services, where adjoining owners or\noccupiers of premises are not likely to be affected.\n(iv) Where an enclosed area abuts a boundary fence, built of unbroken brick work or other approved\nmaterial with a minimum height of 1.8m, the enclosed area is not required to have a rail 1.2m off the\nboundary.\n(v) Every stable yard shall have a minimum width of 4 metres and a minimum free stable yard area of\n21 square metres in addition to the area of the stable or stable shelter.\n(vi) Every equine premises shall have a minimum enclosed area of 60 square metres per horse, exclud-\ning all other uses or buildings other than a stable or stable shelter.\n(vii) The owner or occupier of an equine premises may be exempted in writing from all or part of this\nSection where Council or the Manager Health Services is satisfied no nuisance is likely to occur after\nconsultation with all contiguous owners and occupiers.\n\nGOVERNMENT GAZETTE, WA [11 February 1998742\nSHELTER, INCLUDING NATURAL SHELTER\n7. A shelter in addition to a stable shelter may be erected in an enclosed area, subject to the structure\nbeing approved by the Council or Manager Health Services.\n(1) A shelter shall have an area of not less than 9 square metres and the roof shall have a minimum\nclear height of not less than 2.75 metres and shall be constructed with new or approved materials with\nor without impervious walls, providing the impervious roof is self supportive and the overall structure is\nstructurally sound.\n(2) Except that where the shelter is to be provided by “Natural shelter” available for the protection of\nhorses from inclement weather, it shall be approved by Council or the Manager Health Services with or\nwithout conditions relating to the requirements of these Local Laws.\n(3) Where an owner or occupier wishes to provide a “Natural shelter” in lieu of a shelter, the owner or\noccupier shall submit a landscape plan with their written application for registration or variation of\nregistration for approval of Council or Manager Health Services.\n(4) Where natural shelter is approved, the owner / occupier shall maintain the shelter.\nSTAFF ACCOMMODATION\n8. Trainers and/or employees engaged in the care of horses may be accommodate and be provided with\nan office within 10 metres of any equine premises or associated building or facilities, if—\n(1) such building or buildings comply with the Building Code of Australia and meet the minimum\nrequirements of a room used for human habitation; and\n(2) such building or buildings are equipped with proper bathroom and sanitary facilities connected\nto an approved waste treatment system and drinking water supply obtained from a Licensed\nwater service operator or any other source approved by the Manager Health Services and such\nsupply shall be reticulated for use in connection with all sewerage and drainage fixtures.\nWASTE AND MANURE MANAGEMENT, CONTROL OF NUISANCES AND VECTORS OF\nDISEASE\n9. (1) Waste and manure shall not be permitted to accumulate on any premises unless it is stored or\ntreated so as not to create a nuisance.\n(2) The owner and/or occupier of any equine premises shall cause—\n(a) to be provided outside each stable, stable shelter or stable yard, a mobile or free standing\nmanure bin or waste receptacle which is constructed to prevent the entry of vectors of disease.\nThe manure bin or waste receptacle shall be of a size, number and construction and be situated\nat not less than 18 metres from any dwelling house, or 10 metres from a habitable room on the\nsame lot where provided, pursuant to Section 8 or where required by an Environmental Health\nOfficer.\n(b) All manure and waste including soiled bedding shall be removed daily from stables, shelters,\nstable yards and enclosed areas and stored in a manure bin or waste receptacle or disposed of in\nan approved manner.\n(c) The contents of such manure bin or receptacle shall be removed from the premises at no greater\ninterval than 7 days or as often as directed by an Environmental Health Officer.\n(d) Where the receptacle for manure or waste is constructed of brick, it shall be faced with concrete\nor with other approved impervious material and shall be provided with a tight fitting impervi-\nous cover making the receptacle inaccessible to vectors of disease.\n(3) Notwithstanding sub-section 9(2), alternative methods of waste and manure collection, storage\nand disposal which effectively control nuisances and vectors of disease may be approved by Council or\nthe Manager Health Services.\n(4) Manure may only be harrowed into land which is at least 30 metres from any bore, well or stream,\n100 metres from any wetland, and/or 2 metres from the highest known groundwater level.\nCONTROL OF VECTORS OF DISEASE\n10. (1) The owner and/or occupier of any equine premises shall ensure that conditions favourable to the\nbreeding and/or existence of vectors of disease and are not permitted to exist.\n(2) Every equine premises shall have approved impervious receptacles for the storing of horse feed so\nthat it is inaccessible to rodents and any other vectors of disease.\n(3) Any other associated building or facility shall not be closer than 10 metres to any dwelling house\nand any building shall be constructed of brick, concrete, stone, or good quality iron, with a concrete floor\nso as to prevent the harborage of vectors of disease.\nPADDOCK AND LANDHOLDING AREAS\n11. An enclosed area consisting of a paddock or landholding used for the keeping of horses without a\nstable or stable shelter shall only be approved by Council or the Manager Health Services in an area\nzoned Rural under the Scheme and where such Rural use is the permitted use; and\n(a) the paddock or holding shall be provided with natural shelter and be suitably fenced. The fence\nshall be kept in good order and repair at all times, to prevent any nuisance arising;\n(b) the paddock or holding shall not be less than 18m from any house, school, Place of Worship or\nFood Premises.\n\nGOVERNMENT GAZETTE, WA 74311 February 1998]\nHYGIENE AND WELFARE STANDARDS FOR THE KEEPING OF HORSES\n12. The owner and/or occupier of any equine premises shall—\n(a) not keep, or permit or suffer to remain, on the premises or land, any matter whatsoever which\nis unwholesome or from which an offensive smell arises, or any matter or thing in such a\ncondition or used or kept in such a manner, as to be dangerous, injurious or prejudicial to\nhealth;\n(b) spray or cause to be sprayed with a National Registration Authority registered residual pesti-\ncide, any surface of any building, shelter, stable, stable shelter, enclosed area or associated\nbuildings or facilities if required in writing by the Environmental Health Officer to do so;\n(c) employ all means and adopt such precautions as may be necessary to keep the stable, stable\nshelter, associated buildings and facilities, yards, enclosed areas or equine premises including\nall fences, in a clean and sanitary condition, in good order and repair, as far as possible, free\nfrom flies, rodents, vectors of disease, dust, offensive odours or any accumulation of decompos-\ning organic fluid, solid matter or stagnant water and prevent any drinking water supply from\nbeing polluted.\n13. Medical and Veterinary biological wastes, syringes and needles and like matter shall be stored in a\nleakproof container with a securely fitting lid and disposed of at an approved sanitary waste disposal\nsite, or as directed by the Manager Health Services.\n14. Where any horse dies, the carcass shall be disposed of at an approved sanitary waste disposal site, or\nas directed by the Manager Health Services.\nBEACHES AND PUBLIC PLACES\n15. Where a person exercises a horse on any beach, public place or reserve, the person in control of the\nhorse at the time shall be responsible for removing any faecal matter deposited by animals under their\ncare and control prior to leaving the beach, public place or reserve.\n16. A person shall only dispose of horse manure from a horse float or other vehicle used for transporting\nhorses from or to an equine premises, beach, public place or reserve, at an approved sanitary waste\ndisposal site or at such other premises and in such manner as directed by Council or the Manager\nHealth Services where it will not cause a nuisance or health risk to the community.\nVARIATION, RELAXATION OR EXEMPTION\n17. Where small or miniature breeds of horses are proposed to be kept, the owner and/or occupier may\napply in writing to the Manager Health Services to vary or relax any requirements of these Local Laws,\nexcept Sections 3, 4, 5(1)(g), 9, 10, 12, 13 and 14.\n18. Any exemption may be cancelled or varied in writing by Council where Council is satisfied that this\nSection should be applicable.\nNOTICES AND DIRECTIONS\n19. (1) Where Council or an Environmental Health Officer is satisfied there is a breach of these Local\nLaws, a written Notice or verbal direction may be issued to the owner and/or occupier of land or\nvehicles or person in control of a horse specifying the time and the manner in which the breach is to\nbe rectified;\n(2) Where a Notice or direction is issued, the owner, occupier or person shall comply with the direction\nor Notice within the time and manner specified;\n(3) Where the owner, occupier or persons fails to comply within the time and manner specified in the\nNotice or direction, Council or the Manager Health Services may carry out the requirements and recover\nthe costs from the owner, occupier or person in any Court of competent jurisdiction; and\n(4) The Council or the Manager Health Services shall not be liable to pay compensation of any kind\nto the person referred to in subsection (1) in relation to any action taken by the Council under this\nsection.\nOFFENCES AND PENALTIES\n20. Any person who makes a false statement in connection with any application under these Local Laws\nshall be guilty of an offence.\n21. A person who commits a breach of or fails to comply with any of the requirements of these Local Laws\nor fails to comply with any lawful direction commits an offence and shall be liable to—\n(a) a penalty which is not more than $1,000 and not less than—\n(i) in the case of a first such offence $100\n(ii) in the case of a second such offence $200\n(iii) in the case of a third or subsequent offence $500\nand\n(b) if the offence is a continuing offence, a daily penalty which is not more than $100 and not less\nthan $50.\n\nGOVERNMENT GAZETTE, WA [11 February 1998744\nTOWN OF KWINANA\nKEEPING OF HORSES AND EQUINE PREMISES LOCAL LAWS\nSchedule 1\nAPPLICATION FOR REGISTRATION OF EQUINE PREMISES\nI (Full Name) .................................................................................................................................................\nof (Address) ....................................................................................................................................................\n................................................................................................................... Post Code ...................................\nApply for Registration of the equine premises\nsituated at ......................................................................................................................................................\nto be registered as an equine premises with—\n1. A Stable with ............ stalls\n2. A Stable Shelter/s for ............ horse/s\n3. Maximum number of horses on the premises ............\n4. Total Lot Area ............ sq.m\n5. Enclosed area allocated for keeping of horses ............ sq.m\nOwner or Occupier: (Delete one)\nOwner’s Name and Address, if Occupier: .....................................................................................................\n................................................................................................................... Post Code ...................................\nOWNER TO READ AND SIGN THIS DECLARATION:\nI the owner of the proposed Equine Premises have granted the above applicant a Contractual Lease over\nthe property. I consent to this application and I understand my legal obligations to comply with the\nTown of Kwinana Health (Keeping of Horses and Equine Premises) Local Laws 1997.\nOwner’s Signature ................................................................................ Phone .............................................\nDate: .............................................\nThis application is submitted with a site plan and all details required in Sections 3 & 5 of these Local\nLaws.\nApplicant’s signature: ........................................................................... Phone .............................................\nDate: .............................................\nTOWN OF KWINANA\nKEEPING OF HORSES AND EQUINE PREMISES LOCAL LAWS\nSchedule 2\nAPPLICATION FOR VARIATION OF REGISTRATION\nOF EQUINE PREMISES\nI (Full Name) .................................................................................................................................................\nof (Address) ....................................................................................................................................................\n................................................................................................................... Post Code ...................................\nApply for variation of Registration of the equine premises\nsituated at ......................................................................................................................................................\nOwner’s Name and Address ..........................................................................................................................\n........................................................................................................................................................................\nDetails of Alterations/Variations—\n(Please delete if NOT applicable)\n1. Structural alterations (please specify) ...........................................................................................\n.........................................................................................................................................................\n2. Increase/decrease maximum permitted number of horses\nfrom ........................ to ........................ .\n3. Other changes (please specify) .......................................................................................................\n.........................................................................................................................................................\nOWNER TO READ AND SIGN THIS DECLARATION:\nI the owner of the proposed Equine Premises do confirm that the above applicant holds a Contractual\nLease over the property. I consent to this application and I understand my legal obligations to comply\nwith the Town of Kwinana Health (Keeping of Horses and Equine Premises) Local Laws 1997.\nOwner’s Signature ................................................................................ Phone .............................................\nDate: .............................................\nThis application is submitted with a site plan and all details required in Sections 3, 5 & 7 of these Local\nLaws.\nApplicant’s signature: ........................................................................... Phone .............................................\nDate: .............................................\n\nGOVERNMENT GAZETTE, WA 74511 February 1998]\nTOWN OF KWINANA\nKEEPING OF HORSES AND EQUINE PREMISES LOCAL LAWS\nSchedule 3\nAPPLICATION FOR TRANSFER OF REGISTRATION OF EQUINE PREMISES\nI (Full Name) ............................................................................................................................ (Transferor)\nof ................................................................................................................ Post Code ...................................\nPhone .............................................\nThe holder of Certificate of Registration of Equine Premises situated at\n........................................................................................................................................................................\nHereby applies to have the Registration of the Said premises transferred to—\n................................................................................................................................................... (Transferee)\nAddress ...................................................................................................... Post Code ...................................\nPhone .............................................\nSignature of current owner/occupier ....................................................................................... (Transferor)\nDate: .............................................\nI, the proposed owner/occupier ................................................................................................. (Transferee)\ndo hereby consent to the Said transfer of the Registration to myself. I consent to this application and I\nunderstand my legal obligations to comply with the Town of Kwinana Health (Keeping of Horses and\nEquine Premises) Local Laws 1997.\nSignature of proposed owner/occupier ..........................................................................................................\nDate: .............................................\nTOWN OF KWINANA\nKEEPING OF HORSES AND EQUINE PREMISES LOCAL LAWS\nSchedule 4\nCERTIFICATE FOR REGISTRATION AS AN EQUINE PREMISES\nThis is to certify that the premises situated at\n........................................................................................................................................................................\nand owned/leased by ......................................................................................................................................\nare registered as premises upon which horses may be kept from the date of issue of this Certificate until\n30 June next, unless this Certificate of Registration is previously cancelled or is deemed to be invalid in\naccordance with these Local Laws.\nThe maximum number of horses to be kept on the premises within the enclosed area at any one time is\n.............................. .\nThis Certificate is issued subject to compliance with the Health Act and its Regulations and Local Laws\nfrom time to time in force thereunder and any conditions imposed pursuant to the Town of Kwinana\nHealth (Keeping of Horses and Equine Premises) Local Laws 1997.\n(See attached conditions)\nDated at Kwinana this day of 19 .\n........................................................\nMANAGER HEALTH SERVICES\nNOTES:\n1. This Certificate is not transferable without approval in writing.\n2. This Certificate is to be available at all times at the premises registered herein and shall be\nproduced when requested to do so by an Environmental Health Officer, with a current cash\nregister receipt to validate the period of registration.\nAdopted by the Council of the Town of Kwinana at its Ordinary meeting held on the 26th day of\nNovember 1997.\nThe Common Seal of the Town of Kwinana was hereunto affixed in the presence of on this 22nd day of\nDecember 1997.\nJ. H. D. SLINGER JP, Mayor.\nR. K. SMILLIE, Chief Executive Officer.\nConsented to—\nDr V. P. DOWNES, Executive Director, Public Health.\nDated this 19th day of January 1997.\n\nGOVERNMENT GAZETTE, WA [11 February 1998746\nHEALTH ACT 1911\nTOWN OF KWINANA\nHEALTH AMENDMENT LOCAL LAWS 1997\nMade by the Council of the Town of Kwinana under the Health Act 1911.\nCitation\n1. These Local Laws may be cited as the Town of Kwinana Health Amendment Local Laws 1997.\nPrincipal Local Laws\n2. In these Local Laws, the Model By-Laws Series “A”* made under the Health Act 1911 as adopted by\nthe Council of the Town of Kwinana on 23 October 1963, by Notice published in the Government Gazette\non 28 February 1964 and as amended from time to time by notices published in the Government Gazette\nare referred to as the Principal Local Laws.\n[* Reprinted in the Government Gazette on 17 July 1963 at pp. 1967-2042. For amendments to 18\nDecember 1996 see 1995 Index to Legislation of Western Australia pages 4-125 to 127.]\nPart IX amended\n3. The Principal Local Laws are amended in Part IX by deleting “Section” or “section” wherever occur-\nring and substituting the following—\n“Division” or “division”.\nGeneral amendment\n4. The Principal Local Laws are amended—\n(a) by deleting “By-Law” or “by-law” wherever occurring and substituting the following—\n“Section” or “section” as the case requires; and\n(b) by deleting “sub by-law” wherever occurring and substituting the following—\n“subsection”.\nPart 1A inserted\n5. Before Part I of the Principal Local Laws, the paragraph headed “interpretation” is repealed and the\nfollowing is inserted—\n“PART IA—GENERAL\nCitation\n1. These Local Laws may be cited as the Town of Kwinana Health Local Laws 1964”\nInterpretation\n2. In these Local Laws, unless the context otherwise requires—\n“approved” means approved by an Environmental Health Officer appointed by the Town of\nKwinana.”\nPart 1 amended\n6. The Principal Local Laws are amended in PART 1—\n(a) by deleting Sections 26 and 27 - Stables; and\n(b) in Section 37 by deleting the words “marine stores,”.\nPart IX amended\n7. The Principal Local Laws are amended in PART IX—\n(a) in Division A—\n(i) in section 14 by deleting—\n“Wool-scouring establishments.”; and\n“Soap and candle works.”;\n(ii) in section 15 by deleting—\n“Wool-scouring establishments.”;\n“Fish shops.”; and\n“Soap and candle works.”; and\n(iii) by deleting Schedule “D”;\nand\n(b) by repealing Divisions L, N, P and R.\nAdopted by the Council of the Town of Kwinana at its Ordinary meeting held on the 26th day of\nNovember 1997.\nThe Common Seal of the Town of Kwinana was hereunto affixed in the presence of on this 22nd day of\nDecember 1997.\nJ. H. D. SLINGER JP, Mayor.\nR. K. SMILLIE, Chief Executive Officer.\nConsented to—\nDr V. P. DOWNES, Executive Director, Public Health.\nDated this 19th day of January 1997.\n!199800028GG!","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The instrument creates a dedicated, detailed local regulatory regime for keeping horses and equine premises and amends the Council's older Health model by‑laws. The Health Amendment Local Laws 1997 insert a new Part IA, delete earlier 'stables' sections and alter terminology in the Principal Local Laws (clauses 5–7), shifting scope from broader model by‑laws to specific equine controls (see amendment clauses 3–7 and the main equine provisions at s3–s13)."},"complexity_factors":["Multiple approval authorities and discretion: Council and the Manager Health Services can grant, refuse, vary, transfer or exempt registrations and impose conditions (s3(6), s6, s17).","Tiered numeric limits tied to lot size and zoning, with discretionary caps for larger holdings (s3(2)(i)–(v), s11).","Detailed technical construction and siting standards for stables, shelters and yards, cross‑referencing the Building Code and the Town Scheme (s5(1)(a), s5(1)(b)–(g), s6(i),(ii)).","Requirement for information‑rich applications and environmental health management plans for registration, variation and transfers (s7, s9, s11).","Management plan pathway for intensive stocking above default limits, judged against environmental criteria (groundwater, conservation, setbacks) (s3(3)).","Operational public‑health obligations on owners: daily manure removal, storage standards, pest/vector controls, disposal of veterinary/medical wastes and carcasses, and beach/public place controls (s9–s14, s15–s16).","Enforcement architecture combining notices/directions, cost recovery if Council acts, annual renewals/inspections and escalating monetary penalties (s19, s12, s21).","Fee regime set by Council budget process rather than fixed schedule; validation of registration via receipts and certificates adds administrative burden (s4, s8, s12)."],"plain_english_summary":"These local laws require owners to register premises where horses are kept, limit where and how many horses may be kept by lot size, and impose construction, shelter, hygiene, waste‑management and paddock standards. They allow inspections, require management plans for intensive keeping, and create offences and fines.\n\nCouncil or the Manager Health Services decide on registrations, variations, exemptions and fees; owners/occupiers pay fees, must meet construction and waste controls, and may face fines or cost recovery for enforcement (see s3, s5, s9, s4, s21, s19)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a comprehensive regulatory scheme for horse keeping in a specific local government area. The Health Amendment Local Laws 1997 component updates terminology (changing 'By-Law' to 'Section') and removes obsolete provisions (wool-scouring, soap works) but does not expand the scope beyond health and nuisance control."},"complexity_factors":["22 defined terms in the interpretation section including technical distinctions between 'stable', 'stable shelter', 'shelter', and 'natural shelter'","Nested conditional logic in Section 3 with multiple land size thresholds (1500m², 2500m², 4000m², 5 hectares) each triggering different horse limits and keeping methods","Cross-references between the main Local Laws and the Health Amendment Local Laws 1997 which modifies earlier 1964 laws","Multiple exception clauses allowing Council or Manager Health Services to waive, vary, or exempt requirements (Sections 5(1)(a), 6(vii), 17, 18)","Specific technical measurements throughout (e.g., '75 mm above ground', '1:100 fall', '2.75 metres vertically', '30 metres from bore')","Dual pathways for compliance - standard requirements vs. sand floor alternatives (Section 5(2))","Grandfathering provisions for existing premises (Section 3(5)) creating parallel compliance tracks","Four separate application processes (registration, variation, transfer, renewal) each with specific forms and requirements"],"plain_english_summary":"This local law regulates keeping horses in the Town of Kwinana: property owners and tenants on Rural, Recreation or Special Rural land must register as an “equine premises,” pay fees, meet building and hygiene standards for stables and staff housing, and observe land-size limits on numbers and grazing.  \n\nIt’s designed to protect public health, neighbours and the environment by preventing nuisances, contamination and pests; the council can inspect, refuse or cancel registrations and fine non‑compliance."}},"importantCases":[],"_links":{"self":"/api/acts/the-town-of-kwinana-health-keeping-of-horses-and-equine-premises-local-laws-1997","history":"/api/acts/the-town-of-kwinana-health-keeping-of-horses-and-equine-premises-local-laws-1997/history","analysis":"/api/acts/the-town-of-kwinana-health-keeping-of-horses-and-equine-premises-local-laws-1997/analysis","conflicts":"/api/acts/the-town-of-kwinana-health-keeping-of-horses-and-equine-premises-local-laws-1997/conflicts","importantCases":"/api/acts/the-town-of-kwinana-health-keeping-of-horses-and-equine-premises-local-laws-1997/important-cases","documents":"/api/acts/the-town-of-kwinana-health-keeping-of-horses-and-equine-premises-local-laws-1997/documents"}}