2076 GOVERNMENT GAZETTE, WA 12 April 2017
APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT
(clause 4.2)
I/we (full name) .............................................................................................................................................
of (postal address) .........................................................................................................................................
(telephone number) .......................................................................................................................................
(facsimile number) ........................................................................................................................................
(E-mail address) ............................................................................................................................................
Apply for a licence for an approved kennel establishment at (address of premises) .................................
.......................................................................................................................................................................
For (number and breed of dogs)....................................................................................................................
(insert name of person) .................................................. will be residing at the premises on and
from (insert date) .................................................................
(insert name of person) ................................................. will be residing (sufficiently close to the
premises so as to control the dogs and so as to ensure their health and welfare) at ...................
............................................................................................................ (insert address of residence)
on and from ................................................................................................................ (insert date).
Attached are—
(a) a site plan of the premises showing the location of the kennels and yards and all other
buildings and structures and fences;
(b) plans and specifications of the kennel establishment;
(c) copy of notice of proposed use to appear in newspaper;
(d) copy of notice of proposed use to be given to adjoining premises;
(e) written evidence that a person will reside—
(i) at the premises; or
(ii) sufficiently close to the premises so as to control the dogs and so as to ensure their
health and welfare; and
(f) if the person in item (e) is not the applicant, written evidence that the person is a person in
charge of the dogs.
I confirm that I have read and agree to comply with the Code of Practice known as
................................................................. , in the keeping of dogs at the proposed kennel establishment.
Signature of applicant.........................................
Date .....................................................................
delete where inapplicable.
Note: a licence if issued will have effect for a period of 12 months—section 27(5) of the Dog Act 1976.
OFFICE USE ONLY
Application fee paid on [insert date].
————
CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT
(clause 4.8(1))
An application for a licence for an approved kennel establishment may be approved subject to the
following conditions—
(a) each kennel, unless it is fully enclosed, must have a yard attached to it;
(b) each kennel and each yard must be at a distance of not less than—
(i) 25m from the front boundary of the premises and 5m from any other boundary of the
premises;
(ii) 10m from any dwelling; and
(iii) 25m from any church, school room, hall, factory, dairy or premises where food is
manufactured, prepared, packed or stored for human consumption;
(c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or
netting or other materials approved by the local government;
(d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the
breed of dog (when it is fully grown), squared, times the number of dogs to be housed in the
kennel and the length of the dog is to be determined by measuring from the base of the tail to
the front of its shoulder;
12 April 2017 GOVERNMENT GAZETTE, WA 2077
(e) the floor area of the yard attached to any kennel or group of kennels must be at least twice
the floor area of the kennel or group of kennels to which it is attached;
(f) the upper surface of the kennel floor must be—
(i) at least 100mm above the surface of the surrounding ground;
(ii) smooth so as to facilitate cleaning;
(iii) rigid;
(iv) durable;
(v) slip resistant;
(vi) resistant to corrosion;
(vii) non-toxic;
(viii) impervious;
(ix) free from cracks, crevices and other defects; and
(x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in
turn must lead to a suitably sized diameter sewerage pipe which must be properly laid,
ventilated and trapped in accordance with the health requirements of the local
(g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to
approved apparatus for the treatment of sewage in accordance with the health requirements
of the local government;
(h) the kennel floor must have a durable upstand rising 75mm above the floor level from the
junction of the floor and external and internal walls, or internal walls must be so constructed
as to have a minimum clearance of 50mm from the underside of the bottom plate to the floor;
(i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of
any kennel;
(j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of—
(i) 2m; or
(ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured
from the floor to the uppermost tip of its shoulders while in a stationary upright
position;
(k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted
internally and externally with good quality new zincalume or new pre-finished colour coated
steel sheeting or new fibrous cement sheeting or other durable material approved by the local
(l) all external surfaces of each kennel must be kept in good condition;
(m) the roof of each kennel must be constructed of impervious material;
(n) all kennels and yards and drinking vessels must be maintained in a clean condition and must
be cleaned and disinfected when so ordered by an authorised person;
(o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for
the treatment of sewage;
(p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled;
(q) suitable water must be available at the kennel via a properly supported standpipe and tap;
and
(r) the licensee or the person nominated in the application for a licence, must, in accordance with
the application for the licence, continue to reside—
(i) at the premises; or
(ii) in the opinion of the local government, sufficiently close to the premises so as to control
the dogs, and to ensure their health and welfare.
————
OFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES
(clause 6.2)
Item Offence Nature of
offence
penalty
$
Dangerous Dog
$
1 5.1(2) Dog excreting in
prohibited place
12 April 2017 GOVERNMENT GAZETTE, WA 2079
PART 2—LICENSING REQUIREMENTS FOR AN EXTRACTIVE INDUSTRY
2.1 Extractive Industries Prohibited Without Licence
2.2 Applicant To Advertise Proposal
2.3 Application For Licence
PART 3—DETERMINATION OF APPLICATION
3.1 Determination of Application
3.2 Payment of Annual Licence Fee
PART 4—TRANSFER, CANCELLATION AND RENEWAL OF LICENCE
4.1 Transfer of Licence
4.2 Cancellation of Licence
4.3 Renewal of Licence
PART 5—SECURED SUM AND APPLICATION THEREOF
5.1 Security For Restoration And Reinstatement
5.2 Use By The Local Government Of Secured Sum.
PART 6—LIMITATIONS, OBLIGATIONS OF THE LICENSEE AND PROHIBITIONS
6.1 Limits On Excavation Near Boundary
6.2 Obligations Of The Licensee
6.3 Prohibitions
6.4 Blasting
PART 7—MISCELLANEOUS PROVISIONS
7.1 Public Liability
7.2 Mines Safety and Inspection Act and Environmental Protection Act
7.3 Notice of Cessation of Operations
7.4 Works To Be Carried Out On Cessation Of Operations
PART 9—MODIFIED PENALTIES
SCHEDULE 1—PRESCRIBED OFFENCES
12 April 2017 GOVERNMENT GAZETTE, WA 2081
Under the powers conferred by the Local Government Act 1995 and by all other powers, the local
government of the Shire of Harvey resolved on 31 January 2017 to make the following local law.
This local law may be cited as the Shire of Harvey Extractive Industries Local Law 2017.
1.2. Commencement
In this local law, unless the context otherwise requires—
AS means an Australian Standard published by Standards Australia and available for viewing
free of charge at the Shire of Harvey Administration offices;
carry on an extractive industry means quarrying and excavating for stone, gravel, sand, and
other material;
excavation includes quarry;
land, unless the context otherwise requires, means the land on which the applicant proposes
carrying on the extractive industry to which the licence application relates;
licence means a licence issued under this local law;
licensee means the person named in the licence as the licensee;
occupier has the meaning given to it in the Act;
owner has the meaning given to it in the Act;
planning approval means an approval for a development and/or a land use that is issued under
a local planning scheme administered by the local government;
secured sum means the sum required to be paid or the amount of a bond, guarantee or other
security under clause 5.1;
Schedule means a schedule to this local law; and
site means the land specified by the local government in a licence.
(1) The provisions of this local law—
(a) subject to paragraphs (b), (c), (d) and (e)—
(i) apply and have force and effect throughout the whole of the district; and
(ii) apply to every excavation whether commenced prior to or following the coming into
operation of this local law;
(b) do not apply to the extraction of minerals under the Mining Act 1978;
(c) do not apply to the carrying on of an extractive industry on Crown land;
(d) do not apply to the carrying on of an extractive industry on land by the owner or occupier of
that land for use on that land; and