Animals Local Law 2016

24 January 2017 GOVERNMENT GAZETTE, WA 761 CAT ACT 2011 DOG ACT 1976 1.2 Purpose and Effect 1.3 Commencement

PART 2—DOGS 2.1 Impounding Dogs 2.2 Dog Exercise Areas 2.3 Prohibited Areas 2.4 Fouling of Streets and Public Places 2.5 Fencing Requirements 2.6 Maximum Number of Dogs 2.7 No Breaking Into or Destruction of Pound 2.8 Cleanliness

PART 3—DOG KENNEL ESTABLISHMENT 3.1 Approved Kennel Establishment Licence 3.2 Notice of Application for Kennel Establishment Licence 3.3 Application for Kennel Establishment Licence 3.4 Determination of Application 3.5 Licence and Fees 3.6 Duties of Licence Holder 3.7 Limit on Number and Breed of Dogs 3.8 Kennel Establishment Requirements

PART 4—CATS 4.2 Keeping of Cats for which a licence is required 4.3 Cleanliness 4.4 Application for licence 4.5 Refusal to determine application 4.6 Factors relevant to determination of application 4.7 Decision on application 4.8 Conditions 4.9 Duration of licence 4.10 Revocation 4.11 Licence not transferable 4.12 Licence to be kept at the premises and available for view

762 GOVERNMENT GAZETTE, WA 24 January 2017

PART 5—ANIMALS AND LIVESTOCK 5.1 Leaving Large Animal or Dog in Public Place or on Local Government Property 5.2 Prohibitions relating to Large Animal 5.3 Livestock Not to Stray 5.4 Property to be Fenced 5.5 Livestock may be Impounded 5.6 Fouling of Streets and Public Places 5.7 Keeping of Large Animals 5.8 Keeping a Miniature Horse 5.9 Keeping of Pigs 5.10 Keeping of Horses 5.11 Keeping of Small Animals 5.12 Manure Receptacle 5.13 Cleanliness 5.14 Disposal of Dead Animals

PART 6—POULTRY, PIGEONS AND MISCELLANEOUS BIRDS 6.1 Limitation on Numbers of Poultry and Pigeons 6.2 Conditions of Keeping Poultry 6.3 Conditions of Keeping Pigeons 6.4 Conditions of Keeping a Miscellaneous Bird 6.5 Removal of Non-Conforming Structure or Enclosure 6.6 Restrictions on Pigeons Nesting, Perching or Habitually Feeding 6.7 Restrictions on Feeding of Birds 6.8 Cleanliness of Poultry, Pigeon and Miscellaneous Bird Structures 6.9 Nuisance caused by Poultry, Pigeons and Miscellaneous Birds

PART 7—KEEPING OF BEES 7.1 Limitation on numbers of Hives 7.2 Restrictions on keeping Bees in Hives 7.3 Bees which cause a nuisance not to be kept

PART 8—MISCELLANEOUS 8.1 Pound 8.2 Pound Fees 8.3 Fees and Charges 8.4 False or Misleading Statement 8.5 Offence to fail to comply with notice 8.6 Local government may undertake requirements of notice 8.7 Appeal and review rights

PART 9—ENFORCEMENT 9.1 Offences and Penalties 9.2 Modified Penalties and Offence Description 9.3 Form of Notices SCHEDULE 1—OFFENCES AND MODIFIED PENALTIES SCHEDULE 2—LICENCE TO USE PREMISES AS A CATTERY

24 January 2017 GOVERNMENT GAZETTE, WA 763 CAT ACT 2011 DOG ACT 1976 Under the powers of the Cat Act 2011, Dog Act 1976, the Local Government Act 1995 and all other powers enabling it, the Council of the Town of Cambridge resolved on 22 November 2016 to make the following local law. This is the Town of Cambridge Animals Local Law 2016. 1.2 Purpose and Effect (1) The purpose of this local law is to provide for the regulation, control and management of the keeping of dogs, cats, large animals, miniature horses and pigs, poultry, pigeons, and bees within the District. (2) The effect of this local law is to establish the requirements with which owners and occupiers of land within the district must comply in order to keep domestic animals and birds, large animals, miniature horses and pigs, and bees and provides the means of enforcing the local law. 1.3 Commencement (1) The Town of Cambridge Animals Local Law published in the Government Gazette on 22 March 2002 and all amendments thereto are hereby repealed on the day this local law comes into operation. (2) Where a policy was made or adopted by the local government under or in relation to a local law (3) The Local government may resolve that notwithstanding subclause (2), specified policies continue, or are to be taken to have continued, to have effect on and from the commencement day. (1) In this local law unless the context otherwise requires— animal includes a fish, bird or reptile and may include cows, cattle, goats, horses, miniature horses, pigs, miniature pigs, poultry, peacock, peahen, llamas, alpacas, deer, sheep, ostriches and emus; application means the completed form lodged by an applicant as required by this local law; applicant means a person who has lodged an application for an approval, certificate or licence required for any activity by this local law; Act, to perform any of the functions of an Authorised Person under this local law and includes any Environmental Health Officer employed by the local government, and any member of the Western Australian Police Force; beehive means a moveable or fixed structure, container or object in which a colony of bees is kept; bees means an insect belonging to any of the various hymenopterous insects of the super family Apoidea and commonly known as a bee;

764 GOVERNMENT GAZETTE, WA 24 January 2017 certificate of registration means a certificate of registration to keep a miniature horse or miniature pig issued pursuant to this local law; cow includes an ox, calf or bull; Dog Act means the Dog Act 1976; Cat Act means the Cat Act 2011; Environmental Health Officer means an Environmental Health Officer appointed under the Health Act 1911 and includes a principal, acting or assistant Environmental Health Officer; premises means a premises where food is stored, kept, prepared, manufactured, processed, cooked or served or otherwise dealt with for subsequent sale to the public either directly or indirectly; Health Act means the Health Act 1911; horse includes an ass, mule, donkey, shetland pony or pony; kennel establishment means the kennel, yards and premises which is used to house a dog for commercial purposes, gain or reward; land means land in the district and includes houses, buildings, works and structures, in or upon the land; large animal includes a sheep, cow, goat, horse (excluding a miniature horse), deer, camel, llama, kangaroo, alpaca, pig (excluding a miniature pig), emu, ostrich or any other animal so classified by the local government; licence means a licence issued by the local government; licence holder means a person who holds a valid licence; livestock means any horse, cattle, sheep, goat, swine, buffalo, deer, camel, emu, ostrich, llama and alpaca; lot has the same meaning given to it in the Planning and Development Act 2005; miniature horse means a horse that does not exceed 870mm in height as an adult and is classified as a miniature by the Miniature Horse Association of Australia; miniature pig means a pig that does not exceed 650mm in height and does not exceed 55 kilograms in weight as an adult; miscellaneous bird includes all birds other than poultry and pigeons; permit means a permit issued under this local law; permit holder means a person who holds a valid permit; pigeon means birds of the species columba livia and includes homing pigeon, racing pigeon and dove; poultry means any domestic fowl or chicken, bantam, duck, goose, guinea fowl, pheasant, turkey, peahen or peacock and other birds kept for the production of eggs or meat for domestic consumption; pound means a building or yard established by the local government or Authorised Person for the impounding of dogs or animals for the purposes of this local law; thoroughfare or place is or is not on private property and includes park lands, squares, premises includes the following— (a) land (whether or not vacant); (b) the whole or part of a building or structure (whether of a permanent or temporary nature); and (c) a vehicle; residential area means any land situated within a residential zone as classified by the town planning scheme and includes land predominantly used for residential purposes; RSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western Australia;

24 January 2017 GOVERNMENT GAZETTE, WA 765 Schedule means a schedule to this local law; small animal means small animals kept as pets such as rabbits, ferrets, guinea pigs, rats, mice and any other domestic rodents; thoroughfare has the meaning given to it in the Act; town planning scheme means any town planning scheme for the time being applying zoning or classification to land within the district; vehicle includes— (a) every conveyance and every object capable of being propelled or drawn on wheels, tracks or otherwise; and (b) an animal being ridden or driven, but excludes— (i) a wheel-chair or any device designed for use by physically impaired persons; (ii) a pram, a stroller or similar device; and (iii) a boat; vermin means rats, mice, flies, fleas, mites, cockroaches and any other animal, whether vertebrate or invertebrate, which is known to be a vector of disease or likely to cause damage to human food, habitation or possessions; and it in the Local Government Act 1995, the Local Government (Miscellaneous Provisions) Act 1960 or the Health Act 1911 unless the context requires otherwise. (3) This local law is subject to any written law and law of the Commonwealth about assistance animals as defined in the Disability Discrimination Act 1992 (Cth). PART 2—DOGS 2.1 Impounding Dogs (1) A dog seized by a member of the Police Force or by an Authorised Person may be placed in a pound. (2) The provisions of section 29 of the Dog Act will apply to dogs seized and placed in a pound in relation to— (a) Notification of owner; (b) Release of dogs from the pound; (c) Sale of dogs; and (d) Destruction of dogs. 2.2 Dog Exercise Areas (1) The local government may, by resolution, approve pursuant to sections 31 and 32 of the Dog Act public places being places under the care, control and management of the local government, as approved dog exercise areas. 2.3 Prohibited Areas (1) A person liable for the control of a dog must prevent that dog from entering or being in or on any prohibited place, public building, shop or business premises. (2) The local government may, by resolution, approve pursuant to sections 31 and 32 of the Dog Act public places being places under the care, control and management of the local government, as prohibited places. (3) Subclause (1) does not apply to— (a) a person with a vision impairment accompanied by a bona fide guide dog; (b) a person who is a trainer accompanied by a bona fide guide dog or an assistance animal, as defined in the Disability Discrimination Act 1992 (Cth); (c) a shop or business premises where dogs are sold; or (d) veterinary premises. 2.4 Fouling of Streets and Public Places Any person liable for the control of a dog, who permits that dog to excrete on any street or public place or on any land, within the local government without the consent of the occupier of that land commits an offence unless the excreta is removed forthwith and disposed of either on private land with the consent of the occupier or in such other manner as the local government may approve. 2.5 Fencing Requirements A person or occupier of premises on which a dog is kept must— (a) cause the portion of those premises on which the dog is kept to be fenced in a manner capable of confining the dog to that portion; (b) ensure the fence used to confine a dog and every gate or door in the fence is of a type, height and construction which, having regard to the species, age, size and physical condition of the dog, prevents the dog from passing over, under or through the fence;

766 GOVERNMENT GAZETTE, WA 24 January 2017 (c) ensure that every gate or door in a fence is kept closed at all times when the dog is on the premises (unless the gate is temporarily opened in a manner that ensures that the dog remains confined); (d) ensure that every gate or door in a fence is fitted with an effective and operative latching mechanism or system; (e) maintain the fence, gates and doors in good working order and condition; (f) where no part of the premises consists of open space, yard or garden, or there is no open space, yard or garden to which the occupier has exclusive use or occupation, ensure that other means exist on the premises (other than tethering the dog) for effectively confining the dog within the premises. 2.6 Maximum Number of Dogs A person must not keep or permit to be kept on any premises more than 2 dogs over the age of 3 months and the young of those dogs under that age; unless the premises are licensed as an approved kennel establishment or have been granted exemption pursuant to section 26 (3) of the Dog Act. 2.7 No Breaking Into or Destruction of Pound (a) unless he or she is the pound keeper or a person authorised to do so, release or attempt to release a dog from a pound; or (b) destroy, break into, damage or in any way interfere with or render not dog-proof (i) any pound; or (ii) any vehicle or container used for the purpose of catching, holding or conveying a seized dog. 2.8 Cleanliness The owner or occupier of a premises where a dog or dogs are kept must take reasonable measures to— (c) keep the premises, so far as possible, free of flies or vermin and when directed by an Authorised Person, spray the premises with a residual insecticide or use any other effective means to kill and repel flies or vermin. PART 3—DOG KENNEL ESTABLISHMENT 3.1 Approved Kennel Establishment Licence A person must not keep a kennel establishment without having first obtained a licence under this local law and a planning approval under the town planning scheme. 3.2 Notice of Application for Kennel Establishment Licence An applicant for a licence to keep an approved kennel establishment must— (a) publish in a newspaper circulating in the district a notice of their intention to submit an application for a licence, being in the form determined by the local government, specifying that any interested person may within 21 days after the date of such publication object to or make representations in respect of the application in writing directly to the local government; and (b) forward a notice, being in the form determined by the local government, to the owners and occupiers of all land within a radius of 500 ms of the boundaries of the land upon which it is proposed to establish the kennel. 3.3 Application for Kennel Establishment Licence An application for a licence to keep an approved kennel establishment must be in the form determined by the local government and must be accompanied by— (a) evidence that notice of the proposed use of the land has been given in accordance with clause 3.2 (a) and (b); (b) a plan showing the details and specifications of all kennels, adjacent yards and the distances from the kennels to the boundaries of the land the subject of the application and all buildings on the land together with such information as the local government may require; (c) a report of an acoustic consultant verifying that the various plant, machinery and operational noise levels will comply with the requirements of the Environmental Protection (Noise) Regulations 1997; and (d) payment of fees and charges as determined by the local government. 3.4 Determination of Application (1) The local government may refuse an application for a licence— (a) that does not comply with the requirements of clause 3.3; (b) for which the processes required by clause 3.2 have not been completed;

24 January 2017 GOVERNMENT GAZETTE, WA 767 (c) after considering any submissions or representations received within the specified period in accordance with clause 3.2 (a); (d) where planning approval for use of the land as an approved dog kennel establishment has not first been obtained under any relevant town planning scheme. (2) The local government may, in respect of an application for a licence— (a) refuse the application; or (b) approve the application on such terms and conditions, if any, as it sees fit. 3.5 Licence and Fees (1) A licence to keep an approved kennel establishment, and the application to renew or transfer such licence, must be in the form determined by the local government. (2) A licence must be valid commencing on the date of its issue and expire on 30 June the following year, or on the cancellation of the licence by the local government. (3) Fees and charges as determined by the local government must be payable for licence applications, renewals and transfers. 3.6 Duties of Licence Holder The holder of a licence to keep an approved kennel establishment must— (a) maintain the establishment in a clean, sanitary and tidy condition; (b) dispose of all refuse, excreta and food waste daily in a manner approved by the local (c) take all practical measures for the destruction of fleas, flies and other vermin. 3.7 Limit on Number and Breed of Dogs A person who conducts an approved kennel establishment must not keep or permit to be kept thereon, more than the number of dogs specified in the licence, or dogs of a breed different to the breed or breeds (if any) specified in the licence without the written approval of the local government. 3.8 Kennel Establishment Requirements Dogs in an approved kennel establishment must be kept in kennels and yards appropriate to the breed or kind in question, be sufficiently secured, sited and maintained to a standard not less than the following— (a) each kennel must have an adjacent yard; (b) each kennel and each yard and every part thereof must be at a distance of not less than 15m from the boundaries of the land in the occupation of the occupier; (c) each kennel and each yard and every part thereof must be at a distance of not less than 25m from the front road or street; (d) each kennel and each yard and every part thereof must be at a distance of not less than 20m from any dwelling house; (e) each yard must be secured with a fence not less than 1.8m in height; (f) the upper surface of the floor of each kennel must be set at least 100mm above the surface of the surrounding ground and must be constructed of granolithic cement finished to a smooth surface and must have a fall of not less than 1 in 100. The entire yard must be surrounded by a drain which must be properly laid, ventilated and trapped. Floor washing must pass through this drain and must be disposed of in accordance with the health requirements of the local government; (g) the floor of any yard must be constructed in the same manner as the floor of any kennel and as provided in paragraph (f); (h) for each dog kept therein every kennel must have not less than 1.8m2 of floor space and every yard not less than 2.5m2; (i) all kennels and yards, and all feeding and drinking vessels, must be maintained in a clean condition and cleaned and disinfected when so ordered by an Authorised Person. PART 4—CATS (1) In this Part, unless the context otherwise requires— Act means the Cat Act 2011; cat means an animal of the species felis catus or a hybrid of that species; cat management facility means— (a) a facility operated by a local government that is, or may be, used for keeping cats; or (b) a facility for keeping cats that is operated by a person or body prescribed; or (c) a facility for keeping cats that is operated by a person or body approved in writing by a local government; cattery means any premises where more than 3 cats are boarded, housed or trained temporarily, usually for profit, and where the occupier of the premises is not the ordinary keeper of the cats;

768 GOVERNMENT GAZETTE, WA 24 January 2017 effective control in relation to a cat means any of the following methods— (a) held by a person who is capable of controlling the cat; (b) securely tethered; (c) secured in a cage; or (d) any other means of preventing escape; owner in relation to a cat means any of the following persons— (a) the owner of the cat as defined in the Act; (b) a person by whom the cat is ordinarily kept; (c) a person who has or appears to have immediate custody or control of the cat; (d) a person who keeps the cat, or has the cat in her or his possession for the time being; (e) a person who occupies any premises in which a cat is ordinarily kept or ordinarily permitted to live; or (f) a holder of a licence which relates to the cat; or (g) the holder of an exemption issued in relation to the cat. (2) In this Part, and for the purposes of applying the definition of “cattery” in Part 4—a cat does not include a cat less than 6 months old. 4.2 Keeping of Cats for which a licence is required (1) Subject to subclause (3) and the Cat (Uniform Local Provisions) Regulations 2013, a person is required to have a licence to— (a) keep more than 3 cats; or (b) use any premises as a cattery. (2) A person who breeds cats may, with the written approval of the local government, keep up to 6 adult breeding cats on any land in the district, subject to— (a) each cat being permanently confined in an effective cage system on the property; and (b) under such terms and conditions that may be imposed by the local government from time to time. (3) A licence is not required under subclause (1) if the premises concerned are— (a) a refuge of the RSPCA or any other incorporated animal welfare organisation; (b) a cat management facility which has been approved by the local government; (c) a veterinary surgery; or (d) a pet shop. 4.3 Cleanliness The owner or occupier of a premises where a cat or cats are kept must take reasonable measures to— (c) keep the premises, so far as possible, free of flies and when directed by an Authorised Person, spray the premises with a residual insecticide or use any other effective means to kill and repel flies. 4.4 Application for licence An application for a licence under clause 4.2 must be— (a) be made in writing, by an occupier of premises in relation to those premises; (b) in a form approved by the local government, describing and specifying the number of cats to be kept on the premises; (c) accompanied by a brief reason and justification for the request; (d) accompanied by the plans of the premises to which the application relates, to the specification and satisfaction of the local government; (e) accompanied by the consent in writing of the owner of the premises, where the occupier is not the owner of the premises to which the application relates; (f) accompanied by the application fee for the licence determined by the local government from time to time. 4.5 Refusal to determine application The local government may refuse to determine an application for a licence if it is not made in accordance with clause 4.4. 4.6 Factors relevant to determination of application (1) In determining an application for a licence the local government may have regard to— (a) the reasons and justification provided for the request; (b) the physical suitability of the premises for the proposed use; (c) the suitability of the zoning of the premises under any town planning scheme which applies to the premises for the use;

24 January 2017 GOVERNMENT GAZETTE, WA 769 (d) the environmental sensitivity and general nature of the location surrounding the premises for the proposed use; (e) the structural suitability of any enclosure in which any cat is to be kept; (f) the likelihood of a cat causing a nuisance, inconvenience or annoyance to the occupiers of adjoining land; (g) the likely effect on the amenity of the surrounding area of the proposed use; (h) the likely effect on the local environment, including any pollution or other environment damage which may be caused by the use; (i) any submissions received under subclause (2) within the time specified in subclause (2); and (j) such other factors which the local government may consider to be relevant in the circumstances of the particular case. (2) The local government may require an applicant to— (a) consult with other nearby landowners; and (b) advise other adjoining landowners that they may make submissions to the local government on the application for the licence within 14 days of receiving that advice, before determining the application for the licence. (3) The local government may specify the extent of the consultation with nearby residents and may specify which properties should be consulted. 4.7 Decision on application (a) approve an application for a licence, as it was submitted, in which case it must approve it subject to the conditions in clause 4.8 and may approve it subject to any other conditions it considers fit; (b) approve an application, but specify an alternative number of cats permitted to be housed at the address; or (c) refuse to approve an application for a licence. (2) If the local government approves an application under subclause (1), then it must issue to the applicant a licence in the form determined by the local government. (3) If the local government refuses to approve an application under subclause (1), then it must advise the applicant accordingly in writing. 4.8 Conditions (1) Every licence is issued subject to the following conditions— (a) each cat kept on the premises to which the licence relates must comply with the requirements of the Act; (b) each cat must be contained on the premises unless under the effective control of a person; (c) the licence holder will provide adequate space for the exercise of the cats; (d) the premises must be maintained in good order and in a clean and sanitary condition; and (e) those conditions contained in Schedule 2. (2) In addition to the conditions subject to which a licence is to be issued under this clause, a licence may be issued subject to other conditions, as the local government considers appropriate. (3) The licence holder who fails to comply with a condition of a licence commits an offence. 4.9 Duration of licence Unless otherwise specified, in a condition on a licence, a licence commences on the date of issue and is valid for a period of 12 months from the date of issue unless and until— (a) it is revoked; or (b) the licence holder ceases to reside at the premises to which the licence relates. 4.10 Revocation The local government may revoke a licence if the licence holder fails to observe any provision of this local law or a condition of a licence. 4.11 Licence not transferable A licence is not transferable either in relation to the licence holder or the premises. 4.12 Licence to be kept at the premises and available for view A licence issued by the local government must be kept at the premises to which it applies and must be provided to an Authorised Person on demand. In the case of a registered cattery, the licence must be displayed in a prominent place within the premises. PART 5—ANIMALS AND LIVESTOCK 5.1 Leaving Large Animal or Dog in Public Place or on Local Government Property (1) A person must not leave a large animal or a dog in a public place or on local government property so that it obstructs the use of any part of that public place or local government property, unless that person has first obtained a permit or is authorised to do so under a written law.

770 GOVERNMENT GAZETTE, WA 24 January 2017 (2) A person contravenes subclause (1) where the large animal or dog is secured or tethered for a period exceeding 1 hour. 5.2 Prohibitions relating to Large Animal (1) In subclause (2), “owner” in relation to a large animal includes— (a) an owner of it; (b) a person over the age of 16 years in possession of it; (c) a person over the age of 16 years who has control of it; and (d) a person over the age of 16 years who ordinarily occupies the premises where the animal is permitted to stay. (2) An owner of a large animal must not— (a) subject to subclause (2) (e), allow the large animal to enter or remain for any time on any thoroughfare except for the use of the thoroughfare as a thoroughfare and unless it is led, ridden or driven; (b) allow a large animal which has a contagious or infectious disease to be led, ridden or driven in a public place; (c) train or race the large animal on a thoroughfare; (d) ride, drive, lead or bring a large animal onto any reserve, park or foreshore, unless that person does so under a permit or under the authority of a written law; or (e) ride, drive or lead any large animal onto, or over any lawn or garden planted or maintained in any thoroughfare, unless that person does so under a permit or under the authority of a written law. 5.3 Livestock Not to Stray A person in charge of livestock must not permit that livestock to stray or to be at large in a street, public place or upon private property without the consent of the property owner. 5.4 Property to be Fenced The owner or occupier of a property on which livestock is kept, must cause the property or a portion of the property to be fenced in a manner capable of confining the livestock to that portion where the livestock is kept. 5.5 Livestock may be impounded (1) An Authorised Person may impound livestock found at large or straying in contravention of clause 5.3. (2) Impounded livestock must be placed in— (a) a pound established and maintained by the local government; or (b) a secured portion of private property with the consent of the property owner. (3) The owner of impounded livestock must pay the impounding and maintenance fees determined by the local government prior to the recovery of any impounded livestock. (4) Where impounded livestock are not reclaimed within 3 days, and the local government has made all reasonable endeavors to contact the owner of the livestock, the local government may sell or otherwise dispose of the impounded livestock as it deems appropriate. 5.6 Fouling of Streets and Public Places Any person liable for the control of livestock who permits that livestock to excrete on any public place or on any land within the local government without the consent of the occupier of that land commits an offence unless the excreta is removed forthwith and disposed of either on private land with the consent of the occupier or in such other manner as the local government may approve. 5.7 Keeping of Large Animals An owner or occupier of premises must— (a) not keep a large animal on any land less than 2000m2 in area; (b) not permit any large animal to approach within 10m of a habitable room, shop, church or any premises where food is stored, manufactured or sold. 5.8 Keeping a Miniature Horse (1) An owner or occupier of a premises may keep a sterilised miniature horse on land of not less than 1000m2 in area, provided it is registered with the local government and the approved annual registration fee is paid. (2) An owner or occupier of premises must— (a) not keep more than one miniature horse on land zoned residential, without the written approval of the local government; and (b) not permit a miniature horse within 10m of any house. (3) The local government may prohibit the keeping of a miniature horse on any land or may state the conditions under which a miniature horse may be kept. 5.9 Keeping of Pigs (1) Except for a miniature pig, a person must take reasonable measures to not keep a pig or pigs on any land in the district.

24 January 2017 GOVERNMENT GAZETTE, WA 771 (2) The local government may prohibit the keeping of a miniature pig on any land or state the conditions under which they may be kept. (3) A person may keep one miniature pig in any residential area provided it is registered with the local government and the approved annual registration fee is paid. (4) The occupier of any premises where a miniature pig is kept must— (a) only keep a sterilised animal and retain written proof of its sterilisation; (b) confine the animal on the property at all times; (c) ensure the animal does not cause a nuisance to any neighbour regarding noise, dust or odour; and (d) maintain documentary evidence that the animal’s veterinary treatment against roundworm and tapeworm is current. 5.10 Keeping of Horses The owner or occupier of any land where a stable is erected for the keeping of horses must— (a) not permit a stable within 10m of a house or other building; (b) have a floor area of 6m2 per animal; (c) ensure the stable has walls and a roof, constructed of impervious material; (d) have on all sides of the building between the walls and the roof, a clear opening of at least 50mm in height; and (e) provide a floor, which must have an upper surface— (i) at least 75mm above the ground; and (ii) be constructed of cement, concrete, compacted limestone or similar approved material. 5.11 Keeping of Small Animals A person who keeps a small animal or permits a small animal to be kept must— (a) not permit that small animal to stray or to be at large in a street, public place or upon private property without the consent of the property owner; (b) ensure that the small animal is kept in a properly constructed and securely fastened structure or enclosure. 5.12 Manure Receptacle An owner or occupier of premises where a large animal, miniature horse or miniature pig is kept must take reasonable measures to— (a) provide in a convenient position, an impervious receptacle with a tight fitting lid, for storage of manure; (b) keep the lid of the receptacle closed except when manure is being deposited or removed; (c) cause the receptacle to be emptied at least once a week and more often as necessary to prevent it becoming offensive or a breeding place for vermin, flies or other insects; and (d) cause all manure produced on the premises to be collected daily and placed in the receptacle. 5.13 Cleanliness The owner or occupier of premises where a large animal or other animal is kept must take reasonable measures to— (c) keep the premises, so far as possible, free of flies or vermin and when directed by an Authorised Person, spray the premises with a residual insecticide or use any other effective means to kill and repel flies or vermin. 5.14 Disposal of Dead Animals (1) The owner or occupier must immediately remove and dispose the carcass of any dead livestock, miniature horse or pig, dog, cat, poultry, pigeon or bird at an approved disposal site. (2) An owner or a person having care of any animal or bird that dies or is killed in a public or private place must immediately remove and dispose of the carcass of the dead animal or bird at an approved disposal site. PART 6—POULTRY, PIGEONS AND MISCELLANEOUS BIRDS 6.1 Limitation on Numbers of Poultry and Pigeons (1) In this clause, “Affiliated Person” means a person who is a member of a properly constituted Poultry or Pigeon Club. (2) An owner or occupier of land— (a) who is not an Affiliated Person, must not keep a total of more than 6 poultry and 6 pigeons; and (b) who is an Affiliated Person, must not keep a total of more than 50 pigeons and 12 poultry, on any one lot of land.

772 GOVERNMENT GAZETTE, WA 24 January 2017 (3) An owner or occupier of land must not keep or suffer to remain in a residential area a rooster, turkey, goose, peacock or peahen. 6.2 Conditions of Keeping Poultry A person who keeps poultry or permits poultry to be kept must ensure that— (a) no poultry is able to approach within 10m of a dwelling, public building or food premises; (b) no poultry is able to approach within 10m of a public place other than a right of way unless, in the case of land at the junction of two or more streets, the local government has approved a lesser distance; (c) all poultry are kept in a properly constructed and securely fastened structure or enclosure; (d) no poultry is able to approach within 1m of any boundary; (e) the structure or enclosure does not exceed 2m in height; (f) there is a floor beneath the roofed area of the structure or enclosure which is constructed of smooth, impervious material and with a gradient of at least 1 in 50 to the front of the structure or enclosure; (g) the structure and enclosure is kept in a clean condition and good repair at all times; (h) all feed for the poultry is stored in vermin proof containers; and (i) the structure or enclosure must be in the yard having an otherwise unobstructed area of at least 30m2 . 6.3 Conditions of Keeping Pigeons A person who keeps, or permits to be kept, pigeons or doves must ensure that— (a) no pigeon is able to approach within 10m of a dwelling, public building, food premises or public place; and (b) except where homing pigeons are freed for exercise, the pigeons or doves are kept in a properly constructed structure or enclosure that— (i) is located so that no pigeon is able to approach within 1m of any boundary; (ii) does not exceed 2m in height; (iii) there is a floor beneath the roofed area of the structure or enclosure which is constructed of smooth, impervious material and with a gradient of at least 1 in 50 to the front of the structure or enclosure; (iv) the structure and enclosure is kept in a clean condition and good repair at all times; (v) all feed for the pigeons is stored in vermin proof containers; and (vi) is in a yard having an otherwise unobstructed area of at least 30m2. 6.4 Conditions of Keeping a Miscellaneous Bird A person who keeps, or permits to be kept a miscellaneous bird must ensure that— (a) no miscellaneous bird is able to approach within; (i) 1m of any boundary; (ii) 10m of a residential house on any other lot; and (iii) 10m of a public building, food premises or public place; and (b) the miscellaneous bird is kept in a properly constructed structure or enclosure that— (i) does not exceed 2m in height; (ii) has a floor beneath the roofed area of the structure which is constructed of smooth, impervious material and with a gradient of at least 1 in 50 to the front of the structure; (iii) the structure and enclosure is kept in a clean condition and good repair at all times; (iv) all feed for the birds is stored in vermin proof containers; and (v) is in a yard having an otherwise unobstructed area of at least 10m2.. 6.5 Removal of Non-Conforming Structure or Enclosure If a structure or enclosure is used for the keeping of poultry, pigeons, doves or miscellaneous birds contrary to the provisions of clauses 6.2, 6.3 or 6.4, the local government may give written notice to the owner or occupier to remove it. 6.6 Restrictions on Pigeons Nesting, Perching or Habitually Feeding The local government may give written notice to an owner or occupier of land or a house in or on which pigeons are, or are in the habit of, nesting, perching or habitually feeding to take adequate steps to prevent them continuing to do so. 6.7 Restrictions on Feeding of Birds A person must not feed a pigeon or miscellaneous bird— (a) so as to cause a nuisance, or (b) with a food or substance that is not a natural food of a pigeon or miscellaneous bird.

24 January 2017 GOVERNMENT GAZETTE, WA 773 6.8 Cleanliness of Poultry, Pigeon and Miscellaneous Bird Structures The owner or occupier of premises where poultry, pigeons or miscellaneous birds are kept must take reasonable measures to— (a) keep the structure or enclosure in a clean condition, free from excrement, filth, food waste and all other matter that is likely to become offensive or injurious to health or to attract rats, vermin or insects; (b) clean and disinfect the structure or enclosure, when so directed by an Authorised Person, and (c) keep the structure or enclosure, so far as possible, free of flies or vermin and when directed by an Authorised Person, spray the structure or enclosure with a residual insecticide or use any other effective means to kill and repel flies or vermin. 6.9 Nuisance caused by Poultry, Pigeons and Miscellaneous Birds (1) Notwithstanding any of the provisions of Clauses 6.1, 6.2, 6.3, 6.4, and 6.8, where any poultry, pigeons or miscellaneous birds has or have, in the opinion of the local government’s Principal Environmental Health Officer, been found to have been the cause of— (a) a nuisance as defined by this local law; or (b) the emission of unreasonable noise as defined by the Environmental Protection Act 1986; an Authorised Person may by notice in writing direct the owner or occupier of the land on which the poultry, pigeons, bird or birds is or are kept to take such action as the Authorised Person deems necessary, within a time specified in the notice, to prevent the nuisance or the emission of unreasonable noise. (2) The notice referred to in subclause (1) may require removal of a specified bird or specified birds, or specified species of birds, from the land, irrespective of whether the local government has previously issued a permit authorising the keeping of such a bird or such birds. PART 7—KEEPING OF BEES 7.1 Limitation on numbers of Hives (1) A person must not keep or permit the keeping of bees except on a lot in accordance with this Part. (2) Subject to subclauses (3) and (4), a person must not keep or permit the keeping of bees in more than 2 hives on a lot. (3) The local government may, upon written application, consent, with or without conditions, to a person keeping bees in more than 2 hives on a lot which is not zoned for residential purposes. (4) A person must comply with any conditions imposed by the local government under subclause (3). 7.2 Restrictions on keeping Bees in Hives A person must not keep or permit the keeping of bees in a hive on a lot unless, at all times— (a) an adequate and permanent supply of water is provided on the lot within 10m of the beehives; (b) the beehive is kept— (i) outside, and at least 15m from, any building other than a fence; (ii) at least 15m from any public place; and (iii) at least 5m from the boundary of the lot; and (c) the beehive is enclosed on all sides by a fence, wall or other enclosure. 7.3 Bees which cause a nuisance not to be kept (1) A person must take reasonable measures to not keep, or permit the keeping of bees, which cause a nuisance. (2) Whenever in the opinion of the local government, the keeping of bees is causing a nuisance, the local government may give written notice to an owner or occupier requiring him or her to remove any bees or beehives from the land within the time specified in the notice. PART 8—MISCELLANEOUS 8.1 Pound The local government may establish and maintain a pound or pounds for the impounding of animals, dogs or livestock seized pursuant to the provisions of the Dog Act or this local law. 8.2 Pound Fees (1) The fees and charges in relation to the seizure and impounding of an animal or dog and maintenance thereof in a pound payable under section 29 (4) of the Dog Act, are those approved by the local government from time to time. (2) The fees and charges in relation to the seizure, impounding and maintenance of large animals, livestock or any other animal and the maintenance thereof in a pound payable under the Act, are those approved by the local government from time to time. 8.3 Fees and Charges All fees and charges applicable under this local law must be as determined by the local government from time to time in accordance with sections 6.16-6.19 of the Act.

774 GOVERNMENT GAZETTE, WA 24 January 2017 8.4 False or Misleading Statement A person must not make a false or misleading statement in connection with any application, requirement or demand under this local law. 8.5 Offence to fail to comply with notice Whenever the local government gives a notice under this local law requiring a person to do anything, if a person fails to comply with the notice, that person commits an offence. 8.6 Local government may undertake requirements of notice Where a person fails to comply with a notice referred to in clause 8.5, the local government may do the thing specified in the notice and recover from the person to whom the notice was given, as a debt, the costs incurred in so doing. 8.7 Appeal and review rights (a) grant a person a permit, licence or certificate of registration under this local law; or (b) renew, vary, or cancel a licence or certificate of registration that a person has under this local law, the provisions of Division 1 of Part 9 of the Act and regulations 33 of the Local Government (Functions and General) Regulations 1996 apply to that decision; or the provisions of Division 1 of Part 9 of the Act and regulations 33 of the Local Government (Functions and General ) Regulations 1996 apply to that decision. PART 9—ENFORCEMENT 9.1 Offences and Penalties (1) Any person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. (2) Any person who commits an offence under Part 2 of this local law must be liable, upon conviction, to a penalty not exceeding— (a) $1,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $100 for each day or part of a day during which the offence has continued; or (b) $2,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $200 for each day or part of a day during which the offence has continued in relation to a dangerous dog. (3) Any person who commits an offence under Parts 3, 4, 5, 6, 7, 8 or 9 of this local law must be liable, upon conviction, to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued. 9.2 Modified Penalties and Offence Description (1) An offence against any provision of this local law is a prescribed offence for the purposes of section 9.16 (1) of the Act. (2) The amount of the modified penalty for a prescribed offence— (a) in relation to Part 2, is the amount specified in— (i) the third column of Schedule 1 directly opposite an offence is the modified penalty payable in respect of that offence if the dog is a dangerous dog; (ii) the fourth column of Schedule 1 directly opposite an offence is the modified penalty payable in respect of that offence if the dog is not a dangerous dog; and (b) in relation to Parts 3, 4, 5, 6, 7, 8 and 9, is the amount specified in the fourth column of Schedule 1. offence, an Authorised Person should be satisfied that— 9.3 Form of Notices For the purposes of this local law— (a) the form of the infringement notice referred to in section 9.13 of the Act is to be in or substantially in the form of Form 1 of Schedule 1 of the Local Government (Functions and General) Regulations 1996; (b) the form of the notice referred to in section 9.17 of the Act is to be in the form of Form 2 in

Schedule 1 of the Local Government (Functions and General) Regulations 1996; (c) the form of the infringement withdrawal notice referred to in section 9.20 of the Act is to be in the form of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996;

24 January 2017 GOVERNMENT GAZETTE, WA 775 (d) for the purposes of Part 4, the issue of infringement notices, their withdrawal and the payment of modified penalties are dealt with in Division 4 of Part 4 of the Cat Act; (e) for the purposes of Part 4, an infringement notice given under the Act is to be in the form of Form 6 of Schedule 1 of the Cat Regulations 2012; (f) for the purposes of Part 4, a notice sent under the Cat Act 2011 withdrawing an infringement notice is to be in the form of Form 7 of Schedule 1 of the Cat Regulations 2012. ———— OFFENCES AND MODIFIED PENALTIES [Clause 9.2] Item No. penalty– Dangerous Dog $ $

1. 2.3(1) Permit a dog to be in a prohibited place, public building, shop or business premises
2. 2.4 Permit a dog to excrete on a street, public place or other land and failing to remove excreta in an approved manner 150 150
3. 2.5(a) Failing to install a fence capable of confining a dog to the premises or fence not adequate to confine
4. 2.5(b) Fence not adequate to confine to the premises a dog having regard to the species, age, size and physical condition of the dog
5. 2.5(c) Failing to keep gate or door closed when the dog is on the premises
6. 2.5(d) Failing to have a gate or door fitted with effective and operative latching mechanism or system
7. 2.5(e) Failing to maintain fences, gates and doors in good working order and condition.
8. 2.5(f) Failing to ensure other means exist for effectively confining a dog within premises
9. 2.6 Keeping more than the permitted number of dogs without approval
10. 2.7(a) Attempting to or causing the unauthorised release of a dog from a pound
11. 2.7(b)(i) Destroy, break into, damage or interfere with any pound
12. 2.7(b)(ii) Destroy, break into, damage or interfere with any vehicle or container used for the purpose of catching, holding or conveying dogs
13. 2.8(a) Failing to keep premises free from excrement, filth, food waste and other matter likely to be offensive or injurious to health, or attract rats, vermin or insects
14. 2.8(b) Failing to clean and disinfect premises when directed by an Authorised Person
15. 2.8(c) Failing to keep premises free of flies or when directed by an Authorised Person spray premises with residual insecticide or other means to kill or repel flies Item No. $
16. 3.1 Keeping a kennel establishment without a licence 250
17. 3.6(a) Failing to maintain kennel establishment in a clean, sanitary and tidy condition

776 GOVERNMENT GAZETTE, WA 24 January 2017 Item No. $ 18. 3.6(b) Failing to dispose of refuse, excreta and food waste daily in approved manner 19. 3.6(c) Failing to take practical measures to destroy fleas, flies and other vermin 20. 3.7 Keeping a greater number or breed of dogs than specified in the licence 21. 4.2(1)(a) Keeping more than 3 cats over the age of 6 months 200 22. 4.2(1)(b) Keeping a cattery without a licence 500 23. 4.2(2)(a) Failing to confine cats in effective cage system on the property 200 24. 4.2(2)(b) Failing to comply with conditions imposed by the local government 25. 4.3(a) Failing to keep premises free of excrement, filth, food waste and other matter likely to be offensive or injurious to health or attract rats, vermin or insects 26. 4.3(b) Failing to clean and disinfect premises when directed by an Authorised Person 27. 4.3(c) Failing to keep premises free of flies or when directed by an Authorised Person spray premises with residual insecticide or other means to kill or repel flies 28. 5.1(1) Without a permit, leave a large animal or dog in a public place or local government property so as to cause an obstruction 29. 5.2(2)(a) Allow a large animal to enter or remain on a thoroughfare 200 30. 5.2(2)(b) Allow a large animal which has a contagious or infectious disease to be ridden or driven in a public place 31. 5.2(2)(c) Train or race a large animal on a thoroughfare 200 32. 5.2(2)(d) Ride, drive lead or bring a large animal onto a reserve, park or foreshore without a permit 33. 5.2(2)(e) Ride, drive lead or bring a large animal onto or over any lawn or garden planted in any thoroughfare without a permit 34. 5.3 Permit livestock to stray or be at large in a street, public place or private property without the owner’s consent 35. 5.4 Failing to keep property fenced in a manner capable of confining livestock 36. 5.6 Permit livestock to excrete on a street, public place or other land and failing to remove excreta in an approved manner 37. 5.7(a) Keeping a large animal on land less than 2000m2 in area 200 38. 5.7(b) Permit large animal to approach within 10m of habitable room, shop, church, or premises where food is stored, manufactured or sold 39. 5.8(1) Keeping an unregistered miniature horse on land less than 1000 m2 and/or not pay registration fee 40. 5.8(2)(a) Keeping more than one miniature horses on land zoned residential 41. 5.8(2)(b) Permit a miniature horse within 10m of a house 200 42. 5.9(1) Keeping a pig on any land in the district 200 43. 5.9(3) Keeping an unregistered miniature pig in a residential area and/or not pay registration fee 44. 5.9(4)(a) Keeping an unregistered miniature pig or failing to retain proof of sterilisation 45. 5.9(4)(b) Failing to confine miniature pig on property at all times 200 46. 5.9(4)(c) Failing to ensure miniature pig does not cause a nuisance to any neighbor through noise, dust or odour. 47. 5.9(4)(d) Failing to maintain documentary evidence that miniature pig’s veterinary treatment against roundworm and tapeworm is current 48. 5.10(a) Permit a stable within 10m of house or other building 200 49. 5.10(b) Failing to have stable floor area of 6m2 per animal 200

24 January 2017 GOVERNMENT GAZETTE, WA 777 Item No. $ 50. 5.10(c) Failing to have stable floor or roof constructed of impervious material 51. 5.10(d) Failing to have on all sides of stable building clear opening 50mm in height between walls and roof 52. 5.10(e)(i) Failing to have upper surface of stable floor at least 75mm above ground. 53. 5.10(e)(ii) Failing to have upper surface of stable floor constructed of cement, concrete or other approved material 54. 5.11(a) Failing to prevent a small animal from being in a street, public place or on private property without the consent of the owner 55. 5.11(b) Failing to a small animal in a properly constructed enclosure 200 56. 5.12(a) Failing to keep an impervious receptacle for the storage of manure, where a large animal, miniature horse or miniature pig is kept 57. 5.12(b) Failing to keep the lid of an impervious receptacle for the storage of manure closed, except when manure is being deposited or removed, where a large animal, miniature horse or miniature pig is kept 58. 5.12(c) Failing to cause the receptacle to be emptied at least once a week or more often as necessary to prevent it becoming a nuisance 59. 5.12(d) Failing to cause manure produced on the premises to be collected daily and placed in a receptacle 60. 5.13(a) Failing to keep the premises where a large animal or other animal is kept free of excrement, filth or food waste 61. 5.13(b) Failing to clean and disinfect the premises when directed to do so by an Authorised Person 62. 5.13(c) Failing to keep the premises, as far as possible free of flies or other vermin when directed to do so by an Authorised Person 63. 5.14(1) Failing to dispose of dead animals or birds at an approved disposal site 64. 6.1(2)(a) Keep or suffer to remain a combined total of more than 6 poultry and 6 pigeons on a lot 65. 6.1(2)(b) Keep or suffer to remain more than 50 pigeons and 12 poultry on a lot 66. 6.1(3) Keep or suffer to remain in a residential area a rooster, turkey, goose or geese, peacock or a peahen 67. 6.2(a) Permit poultry to approach within 10m of a dwelling, public building or food premises 68. 6.2(b) Permit poultry to approach within 10m of a public place 200 69. 6.2(c) Failing to keep poultry in a properly constructed or secure structure 70. 6.2(i) Keep poultry in yard having an unobstructed area of less than 30m2 71. 6.3(a) Permit pigeons to approach within 10m of a dwelling, public building , food premises or public place 72. 6.3(b) Failing to keep pigeons in a properly constructed structure or enclosure 73. 6.4(a) Failing to keep a miscellaneous bird the required distance away from a boundary, residential house, public building, food premises or a public place 74. 6.4(b) Failing to keep miscellaneous birds in a properly constructed structure or enclosure 75. 6.5 Failing to comply with a direction to remove a structure or enclosure used for the keeping of poultry, pigeons or miscellaneous birds 76. 6.6 Failing to comply with a notice to prevent pigeons from perching 200 77. 6.7(a) Feeding pigeons or other birds so as to cause a nuisance 200 78. 6.7(b) Feeding pigeons or other birds with a food or substance that is not a natural food of pigeons or other birds

778 GOVERNMENT GAZETTE, WA 24 January 2017 Item No. $ 79. 6.8(a) Failing to keep structure or enclosure free from excrement, filth, food waste and other material likely to be offensive or injurious to health or attract rats, vermin or insects 80. 6.8(b) Failing to clean and disinfect structure or enclosure when directed by an Authorised Person 81. 6.8(c) Failing to keep premises free of flies or when directed by an Authorised Person spray premises with residual insecticide or other means to kill or repel flies 82. 7.1(2) Keeping more than 2 beehives on a lot without approval from the local government 83. 7.2(a) Failing to provide an adequate and permanent water supply within 10m of a hive 84. 7.2(b)(i) Failing to keep a beehive at least 15m from any building 200 85. 7.2(b)(ii) Failing to keep a beehive at least 15m from any public place 200 86. 7.2(b)(iii) Failing to keep a beehive at least 5m from any boundary 200 87. 7.2(c) Failing to keep a beehive fenced or in an enclosure 200 88. 7.3(2) Failing to remove a beehive when directed 200 88. 8.6 Failing to comply with a notice issued under this local law 500 89. 9.1 All other offences not specified 200 ———— LICENCE TO USE PREMISES AS A CATTERY [Clause 4.8] Additional conditions— (1) All building enclosures must be structurally sound, have impervious flooring, be well lit and ventilated and otherwise comply with all legislative requirements. (2) There is to be a feed room, wash area, isolation cages and maternity section. (3) Materials used in structures are to be approved by the local government. (4) The internal surfaces of walls are, where possible, to be smooth, free from cracks, crevices and other defects. (5) All fixtures, fittings and appliances are to be capable of being easily cleaned, resistant to corrosion and constructed to prevent the harbourage of vermin. (6) Wash basin with the minimum of cold water to be available. (7) The maximum number of cats to be kept on the premises stated on the licence is not to be exceeded. (8) An entry book is to be kept recording in respect of each cat the— (a) date of admission; (b) date of departure; (c) breed, age, colour and sex; and (d) the name and residential address of the keeper. (9) The entry book is to be made available for inspection on the request of an Authorised Person. (10) Enclosures are to be thoroughly cleaned each day and disinfected at least once a week to minimise disease. (11) No sick or ailing cat to be kept on the premises. (12) Any other matter which in the opinion of the local government is deemed necessary for the health and wellbeing of any cat, or person, or adjoining premises or the amenity of the area (or any part thereof). ————

24 January 2017 GOVERNMENT GAZETTE, WA 779 HEALTH ACT 1911 PART 2—SANITATION 2.1 Interpretation 2.2 Dwelling house 2.3 Floor of wet areas 2.4 Temporary toilets 2.5 Premises other than a dwelling house 2.6 Outdoor events 2.7 Maintenance of sanitary conveniences and fittings 2.8 Ventilation of toilets 2.9 Public sanitary conveniences 2.10 Lighting 2.11 Installation PART 3—HOUSING AND GENERAL 3.1 Dwelling house maintenance 3.2 Ventilation 3.3 Overcrowding 3.4 Calculate sufficient space 3.5 Water supply 3.6 Rain water tanks PART 4—NUISANCES AND GENERAL

Division 1—Nuisances 4.2 Footpaths etc, to be kept clean 4.3 Escape of Smoke 4.4 Prohibition against Spitting 4.5 Use or Storage of Fertiliser 4.6 Storage of Fertiliser in a House 4.7 Pollution

Division 2—Secondhand Furniture, Bedding and Clothing 4.8 Prohibition on Sale 4.9 Prohibition of Possession

780 GOVERNMENT GAZETTE, WA 24 January 2017

Division 3—Car Parks 4.10 Interpretation 4.11 Ventilation of Car Parks

Division 4—Slaughter and disposal of Animals 4.12 Slaughter of animals 4.13 Disposal of dead animals PART 5—REFUSE DISPOSAL 5.2 Suitable receptacle enclosure 5.3 Construction site refuse 5.4 Burning Rubbish or Refuse Not Permitted PART 6—PEST CONTROL Division 1—General Provisions 6.1 Responsibility of Owner or Occupier 6.2 Pest control generally 6.3 Officer may give Notice directing measures to be taken 6.4 Local Government may Execute Work and Recover Costs Division 2—Flies 6.5 Interpretation 6.6 Fly breeding matter not to be left on Premises unless Covered or Treated 6.7 Measures to be taken by an Occupier Division 3—Mosquitoes 6.8 Interpretation 6.9 Premises to be kept free of mosquito breeding matter 6.10 Measures to be taken by an owner or occupier 6.11 Swimming pools Division 4—Cockroaches 6.12 Interpretation 6.13 Measures to be taken to eradicate Cockroaches

Division 5—Rodents 6.14 Interpretation 6.15 Rodent control 6.16 Waste food etc. to be kept in rodent proof receptacles 6.17 Restrictions on materials affording harbourage for rodents PART 7—INFECTIOUS DISEASES 7.1 Disposal of used condoms 7.2 Disposal of used needles PART 8—LODGING HOUSES Division 1—Registration 8.1 Interpretation 8.2 Lodging house not to be kept unless registered 8.3 Application for registration 8.4 Approval of application 8.5 Renewal of registration 8.6 Notification upon sale or transfer 8.7 Revocation of registration Division 2—Construction and use requirements 8.8 General construction requirements 8.9 Sanitary conveniences 8.10 Laundry 8.11 Kitchen 8.12 Cooking Facilities 8.13 Dining room

24 January 2017 GOVERNMENT GAZETTE, WA 781 8.14 Fire prevention and control 8.15 Obstruction of passages and stairways 8.16 Fitting of locks 8.17 Restriction on use of rooms for sleeping 8.18 Sleeping Accommodation—Short Term Hostels and Recreational Campsites 8.19 Furnishing etc. of sleeping apartments 8.20 Numbers to be placed on doors Division 3—Management and care 8.21 Register of lodgers 8.22 Certificate in respect of sleeping accommodation 8.23 Duplicate keys and inspection 8.24 Room occupancy 8.25 Cleaning and maintenance requirements PART 9—OFFENSIVE TRADES 9.1 Interpretation 9.2 Consent to establish an offensive trade 9.3 Notice of application 9.4 Registration of premises 9.5 Conditions of Consent 9.6 Offence 9.7 Certificate of registration 9.8 Change of occupier 9.9 Alterations to premises 9.10 Cleanliness 9.11 Rodents and Other Vectors of Disease 9.12 Sanitary Conveniences and Hand Wash Basins 9.13 Painting of Surfaces 9.14 Effluvia, Vapours or Gases 9.15 Offensive Material 9.16 Storage of Materials

PART 10—MORGUES 10.1 Licensing of Morgues

PART 11—OFFENCES AND PENALTIES 11.1 Offences 11.2 Penalties

24 January 2017 GOVERNMENT GAZETTE, WA 783 HEALTH ACT 1911 Under the powers conferred on it by section 342 of the Health Act 1911 and in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 and all other enabling powers, the Council of the Town of Cambridge resolved on 22 November 2016 to make the following local law. This is the Town of Cambridge Health Local Law 2016. (1) The purpose of this local law is to provide for the regulation, control and management of day to day public and environmental health matters within the district. (2) The effect of this local law is to establish various standards and requirements relating to sanitation, housing matters, nuisances, refuse disposal, pest control, infectious diseases, lodging houses and offensive trades with which people living and working within the district must comply. (1) The Town of Cambridge Health Local Law 2001 published in the Government Gazette on 22 March 2002 and all amendments thereto are hereby repealed on the day this local law comes into operation. (1) In this local law, unless the context otherwise requires— Act means the Health Act 1911; adequate supply of water means a flow of water of not less than 0.076 litres per second; approved means approved by the local government or by an Environmental Health Officer or an Authorised Person of the local government; approved fee means the fees and charges determined by the local government from time to time, under Section 344C of the Act; approved form means a form approved by the local government; AS or AS/NZS means an Australian Standard or Australian/New Zealand Standard published by Standards Australia; AS 1530.2:1993 means the standard published by the Standards Australia as AS 1530.2:1993 and called “Methods for fire tests on building materials, components and structures—Part 2: Test for flammability of materials”, as amended from time to time; AS 1530.3:1989 means the standard published by the Standards Australia as AS 1530.3:1989 and called “Methods for fire tests on building materials, components and structures—Part 3: Simultaneous determination of ignitability, flame propagation, heat release and smoke release”, as amended from time to time; AS 1668.2:2012 means the standard published by the Standards Australia as AS 1668.2:2012 and called “The use of ventilation and air conditioning in buildings—Part 2: Mechanical ventilation in buildings”, as amended from time to time; AS 2001.1:1995 means the standard published by the Standards Australia as AS 2001.1:1995 and called “Methods of test for textiles—Part 1: Conditioning procedures”, as amended from time to time;

784 GOVERNMENT GAZETTE, WA 24 January 2017 AS/NZS 3666.2:2002 means the standard published by the Standards Australia as AS/NZS 3666.2:2002 and called “Air-handling and water systems of buildings—Microbial control Part 2: Operation and maintenance”, as amended from time to time; AS 4674-2004 means the standard published by the Standards Australia as AS 4674—2004 and called “Design, construction and fit-out of food premises”, as amended from time to time; Local Government Act 1995 to perform any of the functions of an Authorised Person under this local law; Building Code means the latest edition of the Building Code of Australia published from time to time by, or on behalf of, the Australian Building Codes Board as amended from time to time, but not including explanatory information published with that Code; district means the health district of the Town of Cambridge and includes any area placed under the jurisdiction of the local government pursuant to section 22 of the Act; dwelling house means a place of residence containing at least one sleeping room and includes a room or outbuilding separate from, but ancillary to, the building in which the sleeping room is located; EnergySafety means the regulatory body responsible for the technical and safety regulation of the electrical and gas industry in Western Australia; Environmental Health Officer means an Environmental Health Officer appointed by the local government and includes an acting or assistant Environmental Health Officer; habitable room means a room used for normal domestic activities, and— (a) includes a bedroom, living room, lounge room, music room, television room, kitchen, dining room, sewing room, study, play-room, family room and sun- room; but (b) excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, lobby, photographic dark room, clothes-drying room, and other spaces of a specialised nature occupied neither frequently nor for extended periods. hot water means water at a temperature of at least 65 degrees Celsius; liquid refuse includes all washings from windows and vehicles, overflow, condensate and drainage from air conditioning equipment including cooling towers and evaporative coolers and other liquid used for cooling purposes and swimming pool discharges; liquid waste means bathroom, kitchen, scullery and laundry wastes, all washings from animal and poultry pens and any other domestic or trade wastes that are discharged by means of a drain to a receptacle for drainage; morgue means a place for the temporary reception and keeping of bodies of the dead awaiting burial, cremation or disposal; outdoor event means an outdoor gathering of people brought together for a common purpose by some prearrangement; thoroughfare or place is or is not on private property and includes parklands, squares, sanitary convenience has the meaning given to it in the Act; sewage has the meaning given to it in the Act; sewer has the meaning given to it in the Act; street has the meaning given to it in the Act; toilet means a water closet, earth closet, privy or urinal and includes a room or cubicle in which one or more of these is located; town planning scheme means any town planning scheme for the time being in operation within the district; vectors of disease means an insect, arthropod or rodent that transmits, by biological or mechanical means, an infectious agent from a source or reservoir to a person and includes— (a) flies (Diptera); (b) mosquitoes (Diptera culicidae);

24 January 2017 GOVERNMENT GAZETTE, WA 785 (c) rodents—including Rattus rattus (Roof rat), Rattus norvegicus (Norway rat), Mus musculus (House/Field mouse); (d) cockroaches (orthopterous insects; (e) fleas (Siphonaptera); (f) bedbugs (Cimex lectularius); (g) crab lice (Phthirus pubis); (h) body lice (Pediculus humanus var. corporis); (i) head lice (Pediculus humanus var. capitis); and (j) any other insect prescribed by the Act; vermin means rats, mice, flies, fleas, mites, cockroaches and any other animal, whether vertebrate or invertebrate, which is known to be a vector of disease or likely to cause damage to human food, habitation or possessions; water means drinking water within the meaning of the “Australian Drinking Water Guidelines (2011)”, as published by the National Health and Medical Research Council, as amended from time to time; window means a glass panel, roof light, glass brick, glass louvre, glazed sash, glazed door, or other device which transmits natural light directly into a building; and zoned means zoned under a Town of Cambridge town planning scheme. it in the Health Act 1911, the Local Government Act 1995 and the Glossary of Building Terms published by Standards Australia and the National Committee on Rationalised Building, unless the context require otherwise. (3) Where in this local law, a duty or liability is imposed on an “owner or occupier”, the duty or liability must be taken to be imposed jointly and severally on each of the owner or occupier. (4) Where under this local law, an act is required to be done or forbidden to be done in relation to any premises, the owner or occupier of those premises has, unless the contrary intention appears, the duty of causing to be done the act so required to be done, or of preventing from being done the act so forbidden to be done, as the case may be. PART 2—SANITATION 2.1 Interpretation event includes a fair, festival, community function, sporting event, cultural event or the like; natural ventilation is the process of supplying and removing air through an indoor space by natural means, meaning without the use of a fan or other mechanical system, to provide ventilation and space cooling; organiser means a person— (a) to whom approval has been granted by the local government to conduct a festival; or (b) responsible for the conduct of a festival; public toilet means a sanitary convenience to which the public ordinarily have access, whether by payment of a fee or not; temporary toilet means a sanitary convenience, temporarily placed for use by— (a) persons attending an event; or (b) employees at construction sites or the like; 2.2 Dwelling house The owner of every dwelling house must— (a) provide bathroom, laundry, kitchen and toilet facilities within the building and in accordance with the Building Code; (b) provide an adequate supply of hot and cold water to every kitchen, bathroom and laundry fixture within the dwelling; and (c) provide, properly installed in the kitchen, at least one sink, a minimum size of 380mm long, 300mm wide and 150mm deep, with an impervious drainage area incorporated and draining into the sink. 2.3 Floor of wet areas The owner of every premises must ensure that the floor of every bathroom, en-suite, laundry, toilet and any other ablution area within the building is properly surfaced and graded to a floor waste approved by the local government. 2.4 Temporary toilets A person who undertakes temporary work at any place must provide temporary toilets and ensure every temporary sanitary convenience is installed and maintained in accordance with the requirements of the Health (Temporary Sanitary Conveniences) Regulations 1997.

786 GOVERNMENT GAZETTE, WA 24 January 2017 2.5 Premises other than a dwelling house (1) The owner of premises other than a dwelling house must not use or occupy, or permit to be used or occupied, the premises unless— (a) the premises have toilets and hand wash basins in accordance with the Building Code and this Part, including disabled facilities; and (b) the toilets required by this clause are situated within 90m of the premises. (2) The occupier of a premises other than a dwelling house must ensure that— (a) clean toilet paper is available at all times in each cubicle; (b) a sanitary napkin disposal facility is provided in each toilet set aside for the use of females; and (c) each hand wash basin is provided with— (i) an adequate supply of soap or other hand cleaning substances; and (ii) hand drying facilities, situated adjacent to and visible from the hand wash basin. (3) In the case of a school with any room that accommodates children under 5 years of age, that particular room will be deemed to be an “early childhood centre” for the purposes of the Building Code. 2.6 Outdoor events (1) The organiser of an outdoor event must provide sanitary conveniences in accordance with the recommendations contained within the Department of Health’s ‘Guidelines for concerts, events and organised gatherings’ and ‘Guidelines on the Application of the Health (Public Buildings) Regulations 1992’. (2) Where, under subclause (1) the number of a particular sanitary convenience to be provided is not a whole number, that number must be rounded up to the next higher whole number. (3) In addition to the requirements listed in subclause (1), the applicant for an outdoor event must provide at least one unisex toilet for the disabled. (3) When portable or chemical toilets are used for an outdoor event with an expected duration of more than 6 hours— (a) they must be pumped out during the event; and (b) they must be located so that pump-out vehicles can access them. (4) The applicant for an outdoor event must ensure that toilets are checked regularly during the outdoor event to ensure that they are clean and that all consumables are readily available to patrons using them, including— (a) clean toilet paper is available at all times in each cubicle; (b) a sanitary napkin disposal facility is provided in each toilet set aside for the use of females; and (c) each hand wash basin is provided with— (i) an adequate supply of soap or other hand cleaning substances; and (ii) hand drying facilities, situated adjacent to and visible from the hand wash basin. 2.7 Maintenance of sanitary conveniences and fittings (1) The occupier of any premises must— (a) keep clean, in good condition and repair; and (b) whenever required by an Environmental Health Officer, effectively disinfect and clean all sanitary conveniences including sanitary fittings, in or on the premises. (2) The owner of any of premises must— (a) keep or cause to be kept in good repair; and (b) maintain an adequate supply of water to, all toilets, including sanitary fittings in or on the premises. 2.8 Ventilation of toilets (1) A toilet in any premises must be ventilated in accordance with the Sewerage (Lighting, Ventilation and Construction) Regulations 1971 and the Building Code. (2) A mechanical ventilation system provided under subclause (1) must be maintained in good working order and condition. 2.9 Public sanitary conveniences (1) A person must not— (a) foul; (b) damage or vandalise; or (c) write on or otherwise deface, a public sanitary convenience or sanitary fixtures, or fittings or the premises in or on which the sanitary convenience is located. (2) A person must not live or sleep in or on the premises in which a public sanitary convenience is located or use it for a purpose other than that for which it was intended. (3) A directional sign, displaying lettering and pictograms indicating toilets for each gender and people with disabilities, must be erected in a visible and conspicuous position, indicating the location of the public sanitary conveniences.

24 January 2017 GOVERNMENT GAZETTE, WA 787 2.10 Lighting The owner and occupier of premises in which a sanitary convenience or a public sanitary convenience is located must provide and maintain adequate electric lighting for persons using the convenience. 2.11 Installation (1) Each sanitary convenience must be installed in accordance with the requirements of the Water Services Act 2012 and must have an adequate supply of water. (2) Each temporary sanitary convenience must be installed in accordance with the requirements of the Health (Temporary Sanitary Conveniences) Regulations 1997. (3) Each toilet and plumbing fixture must be connected into the public sewer, unless otherwise approved by the local government. PART 3—HOUSING AND GENERAL 3.1 Dwelling house maintenance The owner or occupier of a dwelling house must maintain the dwelling house in sound condition and fit for use and, in particular, must— (a) maintain all roofs, guttering and downpipes in sound weatherproof condition; (b) maintain any footings, foundations and walls, either external or internal, in a sound condition; (c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material in any verandah, roof, walls, steps, handrails, floors or their supports with material of sound quality; (d) comply with the directions of an Environmental Health Officer to treat the premises for the purpose of controlling any termites; (e) maintain any brick, stone, mortar or cement work in a sound condition; (f) maintain, repair or replace any flashings or ant caps which are missing or defective; (g) maintain all ventilators in good order and repair; (h) maintain all floors even and level in surface and free from cracks and gaps; (i) maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and fittings complete and with smooth unbroken surfaces; (j) maintain all doors and windows in good working order and weatherproof condition; (k) retain all natural lighting free from any obstruction which would reduce the natural lighting, below the ratio of 10% of the floor area; (l) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewage so that they comply in all respects with the provisions of the bylaws made under the Water Services Act 2012 and any other legal requirements to which they are subject; and (m) maintain all electric wiring, gas services and fittings to comply in all respects with the requirements of EnergySafety. 3.2 Ventilation (1) A person must not use or occupy, or permit to be used or occupied, a house unless the house is properly ventilated. (2) For the purpose of subclause (1) a house must be deemed to be properly ventilated if it complies with the Building Code, including the provision of— (a) natural ventilation; or (b) a mechanical ventilation or air-conditioning system complying with AS1668.2:2002. (3) The owner of a house provided with a mechanical ventilation or air-conditioning system must ensure that the system is— (a) maintained in good working condition and in accordance with AS/NZS 3666.2:2002; and (b) in use at all times the building is occupied, if it is a building without approved natural ventilation. (4) If, in the opinion of an Environmental Health Officer, a house is not properly ventilated, the local government may by notice require the owner of the house to— (a) provide a different, or additional method of ventilation; or (b) cease using the house until it is properly ventilated. (5) The owner must comply with a notice under subclause (4). 3.3 Overcrowding The owner or occupier of a house must not permit— (a) a room in the house that is not a habitable room to be used for sleeping purposes; (b) except in a house used as a short-term hostel or recreational campsite, a habitable room in the house to be used for sleeping purposes unless— (i) for every person over the age of 10 years using the room there is at least 14m3 of air space per person;

788 GOVERNMENT GAZETTE, WA 24 January 2017 (ii) for every person up to, and including the age of 10 years, there is at least 8m3 of air space per person; or (c) any garage or shed to be used for sleeping purposes. 3.4 Calculate sufficient space For the purpose of clause 3.2, in calculating the space required for each person— (a) each room must be considered separately and sufficient space must be allowed in each room for the number of persons present in the room at any one time; and (b) a deduction must be made for the space occupied by furniture, fittings and projections into a 3.5 Water supply The owner of a house must ensure that— (a) the house is connected with a separate and independent water supply from the mains of a licensed water service operator or a water supply to the satisfaction of the local government; (b) any private water supply must at all times be capable of delivering 4.5 litres per minute of water to each tap in the house via a standard pressure activated pump; and (c) any private water bore or well, must have a lid securely installed, to prevent casual removal. 3.6 Rain water tanks The owner or occupier of a house for which part of the water supply is drawn from a rain water tank (a) maintain in a clean condition, the roof and downpipes forming the catchment for the tank; (b) ensure that each rain water tank is fitted with a tight-fitting mosquito proof cover which must not be removed at any time except for the purpose of cleaning, repairing or maintaining the tank; and (c) thoroughly clean and disinfect such tank whenever directed by an Environmental Health Officer to do so. PART 4—NUISANCES AND GENERAL Division 1—Nuisances In this Part, unless the context otherwise requires—fertiliser includes manure. 4.2 Footpaths to be kept clean An owner or occupier of premises must keep any footpath, pavement, area or right of way immediately adjacent to the premises clear of any rubbish, matter or other things coming from or belonging to the premises. 4.3 Escape of Smoke An owner or occupier of premises must take reasonable measures to not cause or permit the escape of smoke, dust, fumes, offensive or foul odours, liquid waste or liquid refuse from the premises in such quantity or of such a nature as to cause or to be a nuisance. 4.4 Prohibition against Spit A person must not spit on a footpath, street or public place. 4.5 Use or Storage of Fertiliser An owner or occupier of premises must not use or keep for the purpose of use, as fertiliser any— (a) pig manure; (b) human faeces; or (c) urine. 4.6 Storage of Fertiliser in a House The owner or occupier of a house where fertiliser or compost is stored or used must— (a) prevent the escape of odours, dust or particles of fertiliser or compost; (b) treat the fertiliser or compost in such a manner as to effectively prevent it attracting or being a breeding place for rodents, flies or vectors of disease; and (c) store only such amounts of fertiliser or compost— (i) as can be readily used within a reasonable period; or (ii) as may be directed by an Authorised Person. 4.7 Pollution A person must not deposit on or under any land, any sewage, offensive matter or any other thing which may pollute or render unfit for human consumption, water from a well or other underground source.

24 January 2017 GOVERNMENT GAZETTE, WA 789 Division 2—Secondhand Furniture, Bedding and Clothing 4.8 Prohibition on Sale A person must not offer for sale or sell any secondhand furniture, bedding or clothing which is filthy or infested with vectors of disease. 4.9 Prohibition of Possession A dealer in secondhand furniture, bedding or clothing must not have on any premises used for the operation of the business any secondhand furniture, bedding or clothing which is filthy or infested with vectors of disease. Division 3—Car Parks 4.10 Interpretation car park means premises, or any part of premises, set aside for parking of 3 or more motor vehicles; and occupier means a person having the charge, management or control of a car park. 4.11 Ventilation of Car Parks (1) A person must not use or occupy, or permit to be used or occupied, a car park unless it is ventilated by either— (a) natural ventilation; or (b) mechanical means in accordance with AS1668.2-2012. (2) If, in the opinion of an Environmental Health Officer, a car park is not properly ventilated, the Council may by notice require the occupier within a specified time to— (a) provide a different or additional method of ventilation; and (b) cease using the car park until it is properly ventilated. (3) An occupier must comply with a notice under subclause (2). Division 4—Slaughter and disposal of Animals 4.12 Slaughter of animals (1) A person must not slaughter an animal within the district. (2) Subclause (1) does not apply to— (a) euthanasia of an animal by a veterinarian or other duly Authorised Person; (b) the slaughter of an animal at premises approved for that purpose. 4.13 Disposal of dead animals (1) An owner or occupier of premises on which there is a dead animal must immediately remove the carcass and arrange for its disposal at an approved waste disposal facility. (2) An owner or a person having the care, of any animal that dies or is killed in a public or private place must immediately remove the carcass and arrange for its disposal at an approved waste disposal facility. PART 5—REFUSE DISPOSAL In this Part unless the context otherwise requires— receptacle means— (a) a polyethylene cart fitted with wheels, a handle and a lid and having a capacity of either 120 litres, 240 or 360 litres; or (b) any container of a type and capacity as approved by the local government; rubbish or refuse includes, but is not limited to, any filth, dirt, ashes, vegetation, garden refuse, waste material, waste food, sludge, offensive matter, cinders, wood or metal shavings and sawdust but does not include liquid waste or liquid refuse; waste means commercial waste or domestic waste or both as the context requires. 5.2 Suitable receptacle enclosure (1) (a) An owner or occupier of a premises consisting of more than 3 dwellings, or used for commercial or industrial purposes, or as a food premises, must provide a suitable enclosure for the storage and cleaning of receptacles on the premises. (b) The suitable receptacle enclosure for a food premises must comply with AS 4674-2004. (2) An owner or occupier of premises required to provide a suitable enclosure under this clause (a) ensure the enclosure is not used to store anything except rubbish receptacles; and (b) maintain the enclosure in a clean condition at all times.

790 GOVERNMENT GAZETTE, WA 24 January 2017 (3) For the purposes of this clause, a “suitable receptacle enclosure” means an enclosure— (a) of sufficient size to accommodate all receptacles used on the premises but in any event having a floor area not less than a size approved by an Authorised Person or an Environmental Health Officer and in the case of a food premises, an area of 3m2 or not less than 10% of the floor area of the kitchen or food preparation areas, whichever is the greater; (b) constructed of brick, concrete, corrugated compressed fibre cement sheet or other material of suitable thickness approved by an Authorised Person or an Environmental Health Officer; (c) having walls not less than 1.5m in height and having an access way of not less than 1m in width and fitted with a self-closing gate; (d) containing a smooth and impervious floor— (i) of not less than 75mm in thickness; and (ii) which is evenly graded and connected to an approved liquid refuse disposal system in an approved manner; (e) provided with a hose tap connected to an adequate water supply; and (f) which is easily accessible to allow for the removal of the receptacles. 5.3 Construction site refuse On every building construction site the builder must— (a) ensure that an appropriate refuse receptacle is provided on site for the storage of building rubbish on any premises in which building or construction work is being carried out; (b) ensure that all rubbish from the site is placed in the receptacle as directed by an Authorised Person, or any Environmental Health Officer; (c) ensure the receptacle is maintained on the site for the duration of the construction work; (d) ensure the receptacle does not overflow; and (e) ensure that any refuse in the receptacle cannot be blown out by wind. 5.4 Burning Rubbish or Refuse Not Permitted A person must not, set fire to, or cause to be set on fire, or burn any rubbish or refuse. PART 6—PEST CONTROL Division 1—General Provisions 6.1 Responsibility of Owner or Occupier (1) The owner or occupier of premises must keep the premises and any person residing in or on the premises free from any vermin, vectors of disease or pests. (2) Where it is found that a premises is infested with vermin, vectors of disease or pests, an Environmental Health Officer may direct that the owner or occupier take appropriate action as may be indicated, to effectively eradicate the vermin, vectors of disease or pests. 6.2 Pest control generally An owner or occupier of an eating house, theatre or place of entertainment, whether indoor or outdoor, must cause the premises to be cleaned immediately after the last occasion on which the premises have been used on that day or, if the use extends after midnight, then immediately after that use. 6.3 Officer may give Notice directing measures to be taken Where in the opinion of an Environmental Health Officer pests, vermin or vectors of disease are prevalent or are breeding on any premises, the officer may give to the owner or occupier of the premises notice in writing directing him or her to take, within the time specified in the notice, such measures as in the opinion of the officer are necessary to— (a) control the prevalence; (b) effect the eradication; or (c) effectively prevent the breeding; of pests, vermin or vectors of disease. 6.4 Local Government may Execute Work and Recover Costs (1) Where— (a) a person is required under this Division or directed by a notice given under clause 6.4, to execute any work; and (b) that person fails or neglects to comply with the requirement, the local government may execute the work and may recover from that person the cost of executing the work, in addition to any penalty for which that person may be liable under this local law. (2) The costs and expenses incurred by the local government in the execution of a power under subclause (1) may be recovered in a court of competent jurisdiction from the person referred to in subclause (1). (3) The local government is not liable to pay compensation or damages of any kind to the person referred to in subclause (1) in relation to any action taken by the local government under this clause, other than compensation or damages for loss or damage suffered because the local government acted negligently or in breach of duty.

24 January 2017 GOVERNMENT GAZETTE, WA 791 Division 2—Flies 6.5 Interpretation flies means any of the two-winged insects constituting the order Diptera commonly known as flies. 6.6 Fly breeding matter not to be left on Premises unless Covered or Treated An owner or occupier of premises must not place, throw or leave, or permit or cause to be placed, thrown or left in, on or about the premises any matter or thing which is liable to attract or be a breeding place for flies, unless that matter or thing is covered, protected, treated or dealt with in such a manner as to effectively prevent it from attracting or being a breeding place for flies. 6.7 Measures to be taken by an Occupier An owner or occupier of premises must ensure that— (a) rubbish receptacles are kept clean and tightly sealed at all times except when refuse is being deposited or emptied; (b) food scraps and uneaten pet food are wrapped tightly and deposited in a rubbish receptacle without delay; (c) lawn clippings used on gardens as mulch are raked out thinly; (d) fertilizers are dug well into the soil; (e) compost heaps are kept well covered; (f) barbecues are kept clean and free from food scraps; (g) anything that is buried and may attract or be a breeding place for flies is covered with at least 200mm of soil; and (h) excrement from pets is collected and properly disposed of without delay. Division 3—Mosquitoes 6.8 Interpretation mosquitoes means any of the insects constituting the family Diptera culicidae commonly known as mosquitoes. 6.9 Premises to be kept free of mosquito breeding matter An owner or occupier of a premises must keep the premises free of refuse and water that is liable to become the breeding place of mosquitoes. 6.10 Measures to be taken by an owner or occupier An owner or occupier of any premises must— (a) where there is a fountain, ornamental pool, pond or excavation of any kind which contains water suitable for the breeding of mosquitoes, keep the water— (i) stocked with mosquito predatory fish; or (ii) covered with a film of petroleum oil; or (iii) treated with an approved larvicide; and (b) where there is a water tank, well, cistern, vat or barrel— (i) provide the vessel with an impervious cover; (ii) cover all openings with mosquito proof mesh; and (c) where drinking water is kept in a vessel or other receptacle for consumption by an animal or bird— (i) frequently change the water; and (ii) keep the water clean and free from vegetable matter and slime. 6.11 Swimming pools Where there is a swimming pool on any premises where the circulation system does not function, or has not been used such that the pool water is green or stagnant and suitable for the breeding of mosquitoes, the owner and occupier must, when required by a notice issued by an Environmental Health Officer— (a) re-activate the pool circulation system within a time specified and operate it so that the water is filtered for as many hours as may be specified; and/or (b) chlorinate and adjust the pH of the pool to— (i) 4 milligrams per litre free chlorine; and (ii) pH within the range 7.2—7.6; or (c) empty or drain the pool; and (d) maintain the pool water free of mosquito breeding.

792 GOVERNMENT GAZETTE, WA 24 January 2017 Division 4—Cockroaches 6.12 Interpretation cockroach means any of the various orthopterous insects commonly known as cockroaches. 6.13 Measures to be taken to eradicate Cockroaches (1) An owner or occupier of premises must take effective measures to eradicate any cockroaches in or on the premises. (2) Without limiting the generality of subclause (1), an owner or occupier of premises, whenever there are any indications of the presence of cockroaches in, on or about the premises, and while such indications continue, must take effective measures to keep the premises free from cockroaches including— (a) washing and storing, immediately after use, cooking and eating utensils; (b) wrapping and depositing in a rubbish receptacle without delay all food scraps, uneaten pet food and garbage; (c) properly treating the premises with an insecticide, taking care not to harm the safety of humans and pets or to contaminate food or cooking or eating utensils; and (d) whenever required by an Environmental Health Officer, treating any area with baits or other methods to eradicate cockroaches. Division 5—Rodents 6.14 Interpretation In this Division, the context otherwise requires— rodent means the animals Rattus rattus (Roof rat), Rattus norvegicus (Norway rat), Mus musculus (House/Field mouse) but not laboratory bred rats and mice kept as pets in an enclosure designed for the purpose of keeping as pets, animals of that kind. 6.15 Rodent control (1) An owner or occupier of any premises must at all times take effective measures to eradicate any rodents in or on the premises. (2) Without limiting the generality of subclause (1) an owner or occupier of any premises, whenever there are indications of the presence of rodents in, on or about the premises, and while such indications continue, must— (a) take effective measures to keep the premises free from rodents including— (i) protecting food; (ii) using a rodenticide bait or properly baited traps; and (iii) preventing rodents having access to water on the premises; (b) inspect daily each rodenticide bait or trap used and, whenever a rodent is found, must— (i) kill it immediately; and (ii) dispose of the carcass in such a manner as will not create a nuisance; and (c) take whatever measures for the eradication of rodents as an Environmental Health Officer may from time to time direct. 6.16 Waste food etc. to be kept in rodent proof receptacles A person must not place or cause to be placed in or on any premises, and an owner or occupier of premises must not permit to remain in or on the premises— (a) any waste food, refuse or other waste matter, which might attract rodents to the premises or which might afford harbourage for rodents; or (b) any stored food intended for birds or other animals, unless it is contained in a rodent proof receptacle or a compartment which is kept effectively protected against access by rodents. 6.17 Restrictions on materials affording harbourage for rodents (1) An owner or occupier of premises must cause— (a) any part of the premises; or (b) any material, sewer, pipe or other thing in or on the premises, that might afford access or harbourage to rodents to be altered, repaired, protected, removed or otherwise dealt with so as to prevent it being used as access for, or harbourage of, rodents. (2) An Environmental Health Officer may direct an owner or occupier of a premises to take whatever action that, in the opinion of the officer, is necessary or desirable to prevent or deter the presence of rodents in or on the premises. (3) An owner or occupier must within the time specified, comply with any direction given by an Environmental Health Officer under this clause.

24 January 2017 GOVERNMENT GAZETTE, WA 793 PART 7—INFECTIOUS DISEASES 7.1 Disposal of used condoms (1) An occupier of premises on or from which used condoms are produced must ensure that the condoms are— (a) placed in a sealed impervious container and disposed of in a sanitary manner; or (b) disposed of in such a manner as may be directed by an Environmental Health Officer. (2) A person must not dispose of a used condom in a public place except in accordance with subclause (1). 7.2 Disposal of used needles A person must not dispose of a used hypodermic syringe or needle in a public place unless it is placed in an impenetrable, leak-proof container and deposited in a refuse receptacle. PART 8—LODGING HOUSES Division 1—Registration 8.1 Interpretation keeper means a person whose name appears on the register of keepers, in respect of a lodging house, as the keeper of that lodging house; lodger means a person who obtains, for hire or reward, board or lodging in a lodging house; lodging house has the same meaning as that defined in section 3 of the Act and includes a recreational campsite, a serviced apartment and a short term hostel; manager means a person duly appointed by the keeper in accordance with this Division to reside in, and have the care and management of, a lodging house; register of lodgers means the register kept in accordance with section 157 of the Act and this Part; recreational campsite means a lodging-house— (a) situated on a campsite principally used for— (i) recreational, sporting, religious, ethnic or educational pursuits; or (ii) conferences or conventions; and (b) where the period of occupancy of any lodger is not more than 14 consecutive days, and includes youth camps, youth education camps, church camps and riding schools but does not include a camp or caravan within the meaning of the Caravan Parks and Camping Grounds Act 1995. resident means a person, other than a lodger, who resides in a lodging house; serviced apartment means a lodging-house in which each sleeping apartment or group of sleeping apartments in common occupancy, is provided with its own sanitary conveniences and may have its own cooking facilities; short-term hostel means a lodging-house where the period of occupancy of any lodger is not more than 14 consecutive days and includes a youth hostel or a backpacker hostel. 8.2 Lodging house not to be kept unless registered A person must not keep or cause, suffer or permit to be kept a lodging house unless— (a) the lodging house is constructed in accordance with the requirements of this Part; (b) the lodging house is registered by the local government under clause 8.4; (c) the name of the person keeping or proposing to keep the lodging house is entered in the register of keepers; and (d) the keeper of the lodging house must not be absent from the lodging house at all unless he or she arranges for a reputable person to have the care and management of the lodging house. 8.3 Application for registration An application for registration of a lodging house must be— (a) submitted on the approved form; (b) duly completed and signed by the proposed keeper; and (c) accompanied by— (i) the approved fee; and (ii) accompanied by detailed plans and specifications of the lodging house. 8.4 Approval of application The local government may approve, with or without conditions, an application under clause 8.3 by issuing to the applicant a certificate of registration.

794 GOVERNMENT GAZETTE, WA 24 January 2017 8.5 Renewal of registration A person who keeps a lodging house which is registered under this Part must— (a) during the month of June in each year apply to the local government for the renewal of the registration of the lodging house; and (b) pay the approved fee at the time of making each application for renewal. 8.6 Notification upon sale or transfer If the owner of a lodging house sells or transfers or agrees to sell or transfer the lodging house to another person, he or she must, within 14 days of the date of sale, transfer or agreement, give to the local government, written notice of the full name, address and occupation of the person to whom the lodging house has been, or is to be, sold or transferred. 8.7 Revocation of registration (1) Subject to subclause (3), the local government may, at any time, revoke the registration of a lodging house for any reason which, in the opinion of the local government, justifies the revocation. (2) Without limiting the generality of subclause (1), the local government may revoke a registration upon any one or more of the following grounds (a) that the lodging house has not, to the satisfaction of the local government, been kept free from vermin or vectors of disease or remained clean; (b) that the keeper has— (i) been convicted of an offence against this local law in respect of the lodging house; (ii) not complied with a requirement of this Part; or (iii) not complied with a condition of registration; (c) that the local government, having regard to a report from the Police, is satisfied that the keeper or manager is not a fit and proper person; and (d) that by reason of alterations or additions or neglect to repair and renovate, the condition of the lodging house is such as to render it, in the opinion of the local government, unfit to remain registered. (3) Before revoking the registration of a lodging house under this local law, the local government must give notice to the keeper requiring him or her, within a time specified in the notice, to show cause why the registration should not be revoked. (4) Whenever the local government revokes the registration of a lodging house, it must give the keeper notice of the revocation and the registration must be revoked as from the date on which the notice is served on the keeper. Division 2—Construction and use requirements 8.8 General construction requirements The construction of a lodging house must comply with the Building Code. 8.9 Sanitary conveniences (1) A keeper must maintain in good working order and condition and in convenient positions on the premises— (a) toilets; and (b) bathrooms, each fitted with a hand wash basin and either a shower or bath, in accordance with the requirements of the Building Code. (2) A bathroom or toilet which is used as a private bathroom or toilet to the exclusion of other lodgers or residents must not be counted for the purposes of subclause (1). (3) Each bath, shower and hand wash basin must be provided with an adequate supply of hot and cold water. (4) The walls of each shower and bath must be of an impervious material to a minimum height of 1.8m above the floor level. (5) Each toilet and bathroom must— (a) be so situated, separated and screened as to ensure privacy; (b) have a distinct sign displayed in a prominent position denoting the sex for which the toilet or bathroom is provided; and (c) be provided with adequate electric lighting and ventilation. (6) Paragraph (b) of subclause (5) does not apply to a serviced apartment. 8.10 Laundry A keeper must— (a) provide on the premises for the use of each 15 lodgers, a laundry containing one washing machine, one wash trough and, one electrical dryer or 30m of clothes line; (b) at all times maintain each laundry in a proper sanitary condition and in good repair; (c) provide an adequate supply of hot and cold water to each wash trough, sink and washing machine; and (d) ensure that the floor area of each laundry is properly surfaced with an even fall to a floor waste.

24 January 2017 GOVERNMENT GAZETTE, WA 795 8.11 Kitchen The keeper of a lodging house must provide in that lodging house a separate kitchen which— (a) has a minimum floor area of— (i) 0.65m2 per person, where lodgers prepare their own meals; (ii) 0.35m2 per person, where meals are provided by the keeper or manager; and (iii) 1m2 per person, where the kitchen and dining area are combined, but in any case not less than 16m2; and (b) complies with the requirements of the Food Act 2008 and AS 4674—Design, construction and fit-out of food premises. 8.12 Cooking Facilities The keeper of a lodging house where lodgers prepare their own meals must provide a kitchen with electrical, gas or other stoves and ovens approved by an Environmental Health Officer in accordance with the following table— Number of lodgers Number of Ovens 4 burner stoves 1-15 1 1 16-30 1 2 31-45 2 3 46-60 2 4 Over 60 2 4 plus 1 for each additional 15 lodgers (or part thereof ) over 60 8.13 Dining room The keeper of a lodging house must provide in that lodging house a dining room— (a) located in close proximity to the kitchen; (b) the floor area of which must be 0.5m2 per person or not less than 10m2 whichever is the greater; and (c) which must be adequately furnished to accommodate, at any one time, half of the number of lodgers. 8.14 Fire prevention and control A keeper must— (a) in each passage in the lodging house provide an emergency light— (i) in such a position and of such a pattern, as must be approved by an Environmental Health Officer; and (ii) which must be kept separate from the general lighting system and kept illuminated during the hours of darkness; (b) provide an approved fire blanket positioned within 2m of the cooking area in each kitchen; (c) ensure that each exit sign and fire fighting appliance is clearly visible, accessible and maintained in good working order at all times; (d) provide fire extinguishing appliances of the number and pattern, and situated in such a position as the local government may direct; (e) ensure all buildings are fitted with fire protection equipment in accordance with the Building Code and approved by the Council; and (f) ensure all firefighting equipment and fire detection and alarm systems are adequately maintained at all times in such a condition as will enable their proper performance. 8.15 Obstruction of passages and stairways A keeper must not cause, suffer or permit furniture, fittings or other things to be placed either temporarily or permanently in or on— (a) a stairway, stair landing, fire-escape, window or common passageway; or (b) part of the lodging house in common use or intended or adapted for common use; in such a manner as to form an obstruction to the free passage of lodgers, residents or persons in or occupying the lodging house. 8.16 Fitting of locks A person must not fit, or cause or permit to be fitted, to an exit door a lock or other device which prevents the door being opened from within a lodging house. 8.17 Restriction on use of rooms for sleeping (1) A keeper must not use or permit to be used as a sleeping apartment a room in a lodging house— (a) which is used as a kitchen, scullery, store room, dining room, general sitting room or lounge room or for the preparation or storage of food; (b) which is not reasonably accessible without passing through a sleeping or other room in the private occupation of another person; or (c) which contains not less than 5.85m2 of space, including the bed, for each lodger occupying the

796 GOVERNMENT GAZETTE, WA 24 January 2017 (2) For the purposes of this clause, 2 children under the age of 10 years must be counted as one lodger. 8.18 Sleeping Accommodation—Short Term Hostels and Recreational Campsites (1) A keeper of a short term hostel or recreational campsite must provide clear floor space of not less than— (a) 4m2 per person in each dormitory utilising beds; (b) 2.5m2 per person in dormitories utilising bunks. (2) The calculation of floor space in subclause (1) must exclude the area occupied by any large items of furniture, such as wardrobes, but may include the area occupied by beds. (3) The minimum height of any ceiling in a short term hostel or recreational campsite must be 2.4m in any dormitory utilising beds, and 2.7m in any dormitory utilising bunks. (4) The minimum floor area requirements in subclause (1) will only apply if there is ventilation, separation distances, fire egress and other safety requirements in accordance with the Building Code. (5) The keeper of any short term hostel or recreational campsite must provide— (a) fixed outlet ventilation at a ratio of 0.15m2 to each 10m2 of floor area of the dormitories, and must ensure that dormitories are provided with direct ventilation to the open air from a point within 230mm of the ceiling level through a fixed open window or vents, carried as direct to the open air as is practicable; (b) mechanical ventilation in lieu of fixed ventilation, subject to Council’s approval. (6) The keeper of any short term hostel or recreational campsite must provide— (a) beds with a minimum size of— (i) in short term hostels—800mm x 1.9m; and (ii) in recreational campsites—750mm x 1.85m. (b) storage space for personal effects, including backpacks, so that cleaning operations are not hindered and access spaces are not obstructed. (7) The keeper of any short term hostel or recreational campsite must— (a) maintain at all times a minimum distance of 750mm between beds, and a minimum distance of 900mm between bunks; (b) ensure that, where bed or bunk heads are placed against the wall on either side of a dormitory, there is a passageway of at least 1.35mm between each row of beds and a passageway of at least 2m between each row of bunks, and must ensure that the passageway is kept clear of obstruction at all times; and (c) ensure all doors, windows and ventilators are kept free of obstruction. (8) The keeper of a short term hostel or recreational campsite must ensure that— (a) materials used in dormitory areas comply with AS 1530.2:1993 and AS 1530.3:1989 as follows—

• Drapes, curtains, blinds and bed covers—a maximum Flammability Index of 6;
• Upholstery and bedding—a maximum Spread of Flame Index of 6;
• a maximum Smoke Developed Index of 5; Floor coverings—a maximum Spread of Flame Index of 7;
• a maximum Smoke Developed Index of 5; Fire retardant coatings used to make a material comply with these indices must be— (i) certified by the manufacturer as approved for use with the fabric to achieve the required indices; and (ii) certified by the manufacturer to retain its fire retardative effect after a minimum of 5 commercial dry cleaning or laundering operations carried out in accordance with AS 2001.1:1995, Procedure 7A, using ECE reference detergent; and (iii) certified by the applicator as having been carried out in accordance with the manufacturer’s specification. (b) emergency lighting is provided in accordance with the Building Code; (c) a lodger or other person does not smoke in any dormitory, kitchen, dining room or other enclosed public place, within a short term hostel or recreational campsite; (d) all mattresses in a short term hostel or recreational campsite are fitted with a mattress protector. 8.19 Furnishing etc. of sleeping apartments (1) A keeper must— (a) furnish each sleeping apartment, other than in a lodging house used exclusively as a short- term hostel or recreational campsite with a sufficient number of beds and sufficient bedding of good quality; (b) ensure that each bed— (i) has a bed head, mattress and pillow; and (ii) is provided with a pillow case, mattress cover, two sheets, a blanket or rug and, from the 1 May to 30 September, not less than one additional blanket or rug; and

24 January 2017 GOVERNMENT GAZETTE, WA 797 (c) furnish each bedroom so that there are adequate storage facilities for belongings within the (2) A keeper must not cause, suffer or permit any tiered beds or bunks to be used in a sleeping apartment. (3) The sheets and blankets required to be provided by subclause (1)(b)(ii), must be deemed to have been provided by the keeper, where the keeper offers them for hire to the lodgers. In such circumstances, each lodger must either provide his own clean sheets or hire them from the keeper. (4) In a short term hostel or recreational campsite, the storage facilities required by subclause (1)(c) may be located in a separate secure storage room or locker room. 8.20 Numbers to be placed on doors A keeper must place or cause to be placed on the outside of the doors of all rooms available to lodgers in the lodging house, serial numbers so that the numbers continue in sequence throughout each floor (if there is more than one) of the lodging house. Division 3—Management and care 8.21 Register of lodgers (1) A keeper must keep a register of lodgers substantially in the format of the approved form. (2) The register of lodgers must be— (a) kept in the lodging house; and (b) open to inspection at any time on demand by any member of the Police or by an Environmental Health Officer. 8.22 Certificate in respect of sleeping accommodation (1) An Environmental Health Officer may issue to a keeper, a certificate, specifying the maximum number of persons who must be permitted to occupy each room as a sleeping apartment at any one time. (2) When required by an Environmental Health Officer, a keeper must exhibit the certificate issued under this clause in a conspicuous place. (3) A person must not cause, suffer or permit a greater number of persons than is specified on a certificate issued under this clause to occupy the room to which it refers. 8.23 Duplicate keys and inspection Each keeper and manager of a lodging house must— (a) retain possession of a duplicate key to the door of each room; and (b) when required by an Environmental Health Officer, open the door of any room for the purposes of inspection by the officer. 8.24 Room occupancy (1) A keeper must not— (a) cause, suffer or permit more than the maximum number of persons permitted by the certificate of registration of the lodging house to be lodged at any one time in the lodging house; (b) cause, suffer or permit to be placed or kept in any sleeping apartment (i) a larger number of beds; or (ii) a larger quantity of bedding, than is required to accommodate and provide for the maximum number of persons permitted to occupy the sleeping apartment at any one time; and (c) use or cause, suffer or permit to be used for sleeping purposes a room that— (i) has not been certified for that purpose; and (ii) the local government has forbidden to be used as a sleeping apartment. (2) For the purpose of this clause, 2 children under 10 years of age must be counted as one lodger. 8.25 Cleaning and maintenance requirements (2) bed linen includes sheets, pillow cases and mattress covers (3) A keeper of a lodging house must— (a) maintain in a clean, sound and undamaged condition— (i) the floor, walls, ceilings, woodwork and painted surfaces; (ii) the floor coverings and window treatments; and (iii) the toilet seats; (b) maintain in a clean condition and in good working order— (i) all fixtures and fittings; and (ii) windows, doors and door furniture; (c) ensure that the internal walls of each bathroom and toilet are painted so as to maintain a smooth impervious washable surface;

798 GOVERNMENT GAZETTE, WA 24 January 2017 (d) ensure that all floors are kept clean at all times; (e) ensure that— (i) all bed linen, towels, and house linen in use are washed at least once a week; (ii) within a reasonable time of a bed having been vacated by a lodger or resident, the bed linen is removed and washed; (iii) a person does not occupy a bed which has been used by another person unless the bed has been provided with clean bed linen; (iv) all beds, bedsteads, blankets, rugs, covers, bed linen, towels and house linen are kept clean, in good repair and free from vermin and vectors of disease; and (v) when any vector of disease are found in a bed, furniture, room or sleeping apartment, immediate effective action is taken to eradicate the insect(s); (f) when so directed by an Environmental Health Officer, ensure that— (i) a room, together with its contents, and any other part of the lodging house, is cleaned and disinfected; and (ii) a bed or other article of furniture is removed from the lodging house and properly disposed of; (g) ensure that the yard is kept clean at all times; (h) provide all bedrooms, passages, common areas, toilets. bathrooms and laundries with adequate lighting; and (i) comply with any direction, whether orally or in writing, given by an Environmental Health Officer. PART 9—OFFENSIVE TRADES 9.1 Interpretation occupier in relation to premises includes the person registered as the occupier of the premises specified in the certificate of registration; offensive trade means any one or more of the trades, businesses or occupations as defined by section 186 of the Act; and premises means those premises in or upon which an offensive trade is carried on and includes house. 9.2 Consent to establish an offensive trade (1) A person seeking the consent of the local government under section 187 of the Act to establish an offensive trade must— (a) advertise notice of his intention to apply for consent in accordance with clause 9.3; and (b) lodge with the local government an application in the approved form. (2) A person who makes a false statement in an application under this clause commits an offence. 9.3 Notice of application A notice required under clause 9.2 must— (a) contain the name and address of the person who intends to make the application; (b) contain a description of the nature of the offensive trade; (c) contain details of the premises in or upon which it is proposed to carry on the proposed trade; and (d) appear in a Perth daily newspaper advising the public that they have 30 days to lodge any objection with the local government. 9.4 Registration of premises An application for the registration of premises pursuant to section 191 of the Act must be— (a) submitted on the approved form; (b) accompanied by the fee prescribed in the Health (Offensive Trades Fees) Regulations 1976; and (c) lodged with the local government. 9.5 Conditions of Consent In granting consent under section 187 of the Act, the local government may impose reasonable conditions of consent including, without limitation, conditions relating to— (a) site requirements; (b) building fitout specifications; (c) ventilation; (d) effluvia, vapours and gases; (e) rodents and other vectors of disease; (f) sanitary convenience; (g) effluent and rubbish disposal.

24 January 2017 GOVERNMENT GAZETTE, WA 799 9.6 Offence Every person who carries on any offensive trade otherwise than in compliance with conditions imposed under clause 9.5 commits an offence. 9.7 Certificate of registration Upon the registration of premises for the carrying on of an offensive trade, the local government must issue to the applicant a certificate in the approved form. 9.8 Change of occupier Where there is a change of occupier of the premises registered pursuant to this Part, the new occupier must forthwith notify the local government in writing of such change. 9.9 Alterations to premises While any premises remain registered under this Part, a person must not, without the written permission of the local government, make or permit any change or alteration whatever to the premises. 9.10 Cleanliness (a) keep or cause to be kept in a clean and sanitary condition and in a state of good repair the floors, walls and ceilings and all other portions of the premises; (b) keep or cause to be kept in a clean and sanitary condition and in a state of good repair all fittings, fixtures, appliances, machinery, implements, shelves, counters, tables, benches, bins, cabinets, sinks, drain boards, drains, grease traps, tubs, vessels and other things used on or in connection with the premises; (c) keep the premises free from any unwholesome or offensive odour arising from the premises; (d) maintain in a clean and tidy condition all yards, footpaths, passage ways, paved areas, stores or outbuildings used in connection with the premises; and (e) clean all sanitary conveniences daily and at all times keep and maintain all sanitary fittings and grease traps on the premises in a clean and sanitary condition. 9.11 Rodents and Other Vectors of Disease (a) ensure that the premises are kept free from rodents, cockroaches, flies and other vectors of disease; and (b) provide in and on the premises all effective means and methods for the eradication and prevention of rodents, cockroaches, flies and other vectors of disease. 9.12 Sanitary Conveniences and Hand Wash Basins The occupier must provide on the premises in an approved position sufficient sanitary conveniences and hand wash basins, each with an adequate supply of hot and cold water for use by employees and by all other persons lawfully upon the premises. 9.13 Painting of Surfaces The occupier must cause the internal surface of every wall, the underside of every ceiling or roof and all fittings in and on the premises to be cleaned and painted as may be directed by an Environmental Health Officer. 9.14 Effluvia, Vapours or Gases The occupier must provide, use and maintain in a state of good repair and working order, appliances capable of effectively destroying or of rendering harmless all offensive effluvia, vapours or gases arising in any process of the business or from any material, residue or other substance which may be kept or stored upon the premises. 9.15 Offensive Material (a) provide on the premises impervious receptacles of sufficient capacity to receive all offensive material and trade refuse produced upon the premises in any one day; (b) keep air-tight covers on the receptacles, except when it is necessary to place something in or remove something from them; (c) cause all offensive material and trade refuse to be placed immediately in the receptacles; (d) cause the contents of the receptacles to be removed from the premises at least once in every working day and at such more frequent intervals as may be directed by an Environmental Health Officer; and (e) cause all receptacles after being emptied to be cleaned and sanitised immediately with an efficient disinfectant. 9.16 Storage of Materials The occupier must cause all material on the premises to be stored so as not to be offensive or injurious to health whether by smell or otherwise and so as to prevent the creation of a nuisance to persons.

800 GOVERNMENT GAZETTE, WA 24 January 2017 PART 10—MORGUES 10.1 Licensing of Morgues (1) A person must not occupy or use or cause, suffer, or permit to be occupied or used any premises for the temporary reception and keeping of the bodies of the dead awaiting burial or cremation unless and until the premises are licensed, in accordance with the provisions of this Part. (2) The proprietor of any premises for the temporary reception and keeping of the bodies of the dead awaiting burial or cremation seeking the issue of a licence must make application on the approved form and must forward the application to the local government together with the approved fee. (3) A licence in the form approved by the local government must be valid from the date of issue until the following 30th day of June. (4) A licence must not be granted in respect of any premises unless— (a) provision has been made for the keeping of the bodies of the dead at a temperature not exceeding zero degrees Celsius; (b) the walls are constructed of stone or brickwork or other approved material; (c) the interior surface of all walls is covered with glazed tiles or is rendered impervious so as to be non-absorbent and washable; (d) all floors are constructed of an impervious material, having a fall to an outlet discharging over a trapped gully; and (e) the premises are adequately ventilated directly to the outside air. PART 11—OFFENCES AND PENALTIES 11.1 Offences A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law a person is prohibited from doing, commits an offence. 11.2 Penalties A person who commits an offence under clause (1) is liable to— (a) a penalty which is not more than $2,500 and not less than— (i) in the case of a first such offence, $250; (ii) in the case of a second such offence, $500; and (iii) in the case of a third or subsequent such offence, $1,250; and (b) if the offence is a continuing offence, a daily penalty which is not more than $250 and not less than $125. ———— Consented to— TARUN WEERAMANTHRI, Executive Director Public Health.

24 January 2017 GOVERNMENT GAZETTE, WA 801 LOCAL GOVERNMENT AND PUBLIC PROPERTY LOCAL LAW 2016 1.7 Interpretation PART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY AND BUILDINGS Division 1—Determinations 2.1 Determinations as to use of local government property and buildings 2.2 Procedure for making a determination 2.3 Discretion to erect sign 2.4 Determination to be complied with 2.5 Register of determinations 2.6 Amendment or revocation of a determination Division 2—Activities which may be pursued or prohibited under a determination 2.7 Activities which may be pursued on specified local government property and buildings 2.8 Activities which may be prohibited on specified local government property and buildings 2.9 Signs taken to be determinations Division 1—Preliminary 3.1 Application of Part Division 2—Applying for a permit 3.2 Application for permit 3.3 Decision on application for permit Division 3—Conditions 3.4 Conditions which may be imposed on a permit 3.5 Imposing conditions under a policy 3.6 Compliance with and variation of conditions Division 4—General 3.7 Duration of permit 3.8 Renewal of permit 3.9 Transfer of permit

802 GOVERNMENT GAZETTE, WA 24 January 2017 3.10 Production of permit 3.11 Cancellation of permit Division 5—When a permit is required 3.12 Activities needing a permit 3.13 Permit required to camp outside a facility 3.14 Permit required for possession and consumption of liquor Division 6—Responsibilities of permit holder 3.15 Responsibilities of permit holder PART 4—BEHAVIOUR ON LOCAL GOVERNMENT PROPERTY AND BUILDINGS Division 1—Behaviour on and interference with local government property and buildings 4.1 Personal behaviour 4.2 Only specified gender to use entry of toilet block or change room 4.3 Decency and adequate clothing 4.4 Behaviour detrimental to property 4.5 Taking or injuring any fauna 4.6 Removal or cultivation of flora 4.7 Intoxicated persons not to enter local government property or buildings 4.8 No prohibited drugs Division 2—Signs 4.9 Signs PART 5—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY Division 1—Community facilities 5.2 Direction of manager or Authorised Person to be observed 5.3 Responsibilities of users of a community facility Division 2—Beaches, Dunes and Groynes 5.4 Interpretation 5.5 Sand dune protection 5.6 Boat launching 5.7 Surf life saving activities 5.8 Identification of life saving patrol 5.9 Compliance with signs and directions 5.10 Fishing 5.11 Surfboards and boats Division 3—Fenced or closed property 5.12 No entry to fenced or closed local government property Division 4—Golf course 5.13 Interpretation 5.14 Observance of ordinary and special conditions of play 5.15 Controller’s approval required 5.16 Direction of controller or Authorised Person to be observed 5.17 Inspection of authorisation 5.18 Use of vehicles and equipment Division 5—Awnings, Verandahs and Balconies over Local Government Property 5.19 Interpretation 5.20 Approval to erect or maintain 5.21 Projection over local government property 5.22 Height above local government property 5.23 Maintenance and public safety PART 6—FEES FOR ENTRY ON TO LOCAL GOVERNMENT PROPERTY AND BUILDINGS 6.1 Payment of applicable fees 6.2 No unauthorised entry to function 6.3 Determination of fees and charges

24 January 2017 GOVERNMENT GAZETTE, WA 803 PART 7—OBSTRUCTING VEHICLES AND SHOPPING TROLLEYS 7.1 Interpretation 7.2 Leaving vehicle in public place or on local government property 7.3 Name of owner of shopping trolley 7.4 Shopping trolleys in public places 7.5 Shopping trolley to be removed by owner 7.6 Impounding of shopping trolley PART 8—SECURE SUM 8.1 Security for restoration and reinstatement 8.2 Use by local government of secure sum PART 9—WORKS IN THOROUGHFARES 9.1 Works in public property Division 2—Verges 9.2 Verge treatment 9.3 Permissible verge treatments 9.4 Obligations of owners or occupiers for verge treatments 9.5 Enforcement 9.6 Power to carry out public works on a verge 9.7 Transitional Provision Division 4- Vehicle crossings 9.8 Vehicle crossing treatment 9.9 Vehicle crossings 9.10 Contribution towards construction of a vehicle crossing 9.11 Temporary vehicle crossings 9.12 Removal of redundant vehicle crossings Division 5 Protection of footpaths, verges and street trees 9.13 Footpath and verge protection 9.14 Street tree protection PART 10—ACTIVITIES IN LOCAL GOVERNMENT AND PUBLIC PLACES 10.1 General prohibitions PART 11—NOTICES 11.1 Notice to redirect or repair sprinkler 11.2 Hazardous plants 11.3 Notice to repair damage to thoroughfare 11.4 Notice to remove thing unlawfully placed on thoroughfare 11.5 Failing to comply with a notice 11.6 Application of Division 1, Part 9 of the Act

PART 12—MISCELLANEOUS 12.1 Persons may be directed to leave local government property or building 12.2 Disposal of lost property 12.3 Impounding of goods and recovery of expenses 12.4 Liability for damage to local government property or building 12.5 Public liability insurance and indemnity

PART 13—ENFORCEMENT Division 1—Notices given under this local law 13.1 Offence to fail to comply with notice 13.2 Local government may undertake requirements of notice

804 GOVERNMENT GAZETTE, WA 24 January 2017 Division 2—Offences and penalties 13.3 Offences and penalties 13.4 Modified Penalties 13.5 Form of Notices Division 3—Evidence in legal proceedings 13.6 Evidence of a determination SCHEDULE 1—PRESCRIBED OFFENCES

24 January 2017 GOVERNMENT GAZETTE, WA 805 LOCAL GOVERNMENT AND PUBLIC PROPERTY LOCAL LAW 2016 This is the Town of Cambridge Local Government and Public Property Local Law 2016. (1) The purpose of this local law is to provide for the regulation, control and management of activities and facilities on local government and public property within the district. (2) The effect of this local law is to establish the requirements with which any persons using or being on local government and public property within the district must comply. (1) The Town of Cambridge Local Government and Public Property Local Law published in the Government Gazette on 22 March 2002 and all amendments thereto are hereby repealed on the day this local law comes into operation. (2) Where a policy was made or adopted by the local government under, or in relation to, a local law (3) The Council may resolve that notwithstanding subclause (2), specified policies continue, or are to be taken to have continued, to have effect on and from the commencement day. (1) This local law applies throughout the district of the Town of Cambridge and in the sea adjoining the district for a distance of 200m seawards from the low water mark at ordinary spring tides. (2) Notwithstanding anything to the contrary in this local law, the local government may— (a) hire local government property to any person; or (b) enter into an agreement with any person regarding the use of any local government property. (1) In this local law unless the context requires otherwise— adjacent owner means the owner of any property or lot adjoining a street verge which is subject to a verge treatment; applicant means a person who applies for a permit; application means an application for a permit or a licence; appointed place means a place or piece of land appointed by the local government or CEO where anything confiscated or impounded under the provisions of this local law, may be held in custody; artificial grass is a material comprising of syntheic fibres made to look like natural grass or lawn; Act to perform any of the functions of an Authorised Person under this local law and any member of the Western Australian Police; bathing means the act of entering the sea, a swimming pool, or other water body, to swim or use a bathing appliance and includes the act of emerging therefrom;

806 GOVERNMENT GAZETTE, WA 24 January 2017 bathing appliance means any device, toy or equipment used to or assist a person in swimming or moving in or across the water, and includes an inflatable toy or similar device; boat means any structure or vessel, excluding personal water craft, whether motorised or not and made or used to travel or float on water or travel under water; building means any roofed structure enclosing space and intended for use as shelter (for people, animals or property) or for recreational, commercial or industrial purposes and includes any part of a building; bulk rubbish container means a bin or container designed or used for holding a substantial quantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does not include a bin or container used in connection with the local government’s regular domestic rubbish collection service; carer means a person who provides care and support to a family member, friend or other person who has a disability, mental or physical illness, chronic condition, terminal illness or who is frail aged; carriageway has the meaning given to it by the Road Traffic Code 2000; CEO means the Chief Executive Officer of the Town of Cambridge or the Officer who, for the time being, is acting in that capacity; commencement day means the day on which this local law comes into operation; community facility means a facility owned or under the care, control or management of the local government for the benefit of the public, such as a hall, public swimming pool, library, recreation centre, child care centre, infant welfare centre, aged persons centre and the like; Council means the Council of the Town of Cambridge; crossing means a crossing giving access from a public thoroughfare to— (a) private land; or (b) a private thoroughfare serving private land; date of publication means, where local public notice is required to be given of a matter under this local law, the date on which notice of the matter is published in a newspaper circulating generally throughout the district; decency means the wearing of proper and adequate clothing for the occasion, so as to prevent indecent exposure; determination means a determination made under clause 2.1; drip line in relation to a street tree means the area of land under the perimeter of a street tree canopy; fence means any artificially created barrier whether temporary or permanent including post and rails, chain, metal, wire or pipe; fireworks means a device such as a catherine wheel, a roman candle, a rocket or the like, in which combustible materials are ignited and produce coloured smoke, flames, and sometimes an explosion or bang; fireworks display means a show of a number of fireworks, on occasion set off over a pre- arranged period, for the purpose of providing enjoyment or entertainment to those persons able to view them; footpath has the meaning given to it by the Road Traffic Code 2000; function means an event or activity characterised by all or any of the following— (a) formal organisation and preparation; (b) its occurrence is generally advertised or notified in writing to particular persons; (c) organisation by or on behalf of a club; (d) payment of a fee to attend it; and (e) systematic recurrence in relation to the day, time and place; garden means any part of a street or thoroughfare planted, developed or treated, otherwise than as a lawn, with one or more plants; intersection has the meaning given to it by the Road Traffic Code 2000; lawn means any part of a thoroughfare which is planted only with grass, or with a similar plant, but will include any other plant provided that it has been planted by the local government; liquor has the same meaning as is given to it in the Liquor Control Act 1988; local government building means any structure, hall or room, and any corridor, stairway, or annex therein or thereto attached, and includes all plumbing, electrical installations, fixtures, fittings, furniture, and any other contents, owned or under the care, control or management of the local government; local government property means anything which belongs to, is owned by or is under the care, control or management of the local government, and includes any flora and fauna thereon; lot has the meaning given to it in the Planning and Development Act 2005;

24 January 2017 GOVERNMENT GAZETTE, WA 807 occupier has the meaning given to it in the Act; owner has the meaning given to it in the Act; permissible verge treatment means any one of the treatments described in clause 9.3 and includes any associated reticulation pipes and sprinklers; permit means a permit issued under this local law; permit holder means a person who holds a valid permit; private property means any land that— (a) has a separate certificate of title; and (b) is in private ownership or is the subject of a lease or agreement with a person enabling its use for private purposes, and includes any building or structure on the land; prohibited drug has the meaning given to it by the Misuse of Drugs Act 1981; thoroughfare or place is or is not on private property and includes parklands, squares, public property means any real property, land, lot, or reserve which is open and available for use by the public for public purposes, whether through payment of a fee or not, and includes any building, structure, flora or fauna thereon; Regulations means the Local Government (Functions and General) Regulations 1996; reserve means any land— (a) which belongs to the local government that is zoned as and, used for, recreational purposes; (b) of which the local government is the management body under the Land Administration Act 1997; or (c) which is an ‘otherwise unvested facility’ within the meaning of section 3.53 of the Act; Schedule means a Schedule to this local law; sign includes a notice, flag, mark, structure or device approved by the local government on which may be shown words, numbers, expressions or symbols; street means any highway, thoroughfare or land used for vehicular or pedestrian traffic, and includes all the land lying between property lines, including the verge and footpath; street tree means a tree planted or self sown in the street, of an appropriate species and in an appropriate location, for the purposes of contributing to the streetscape; tree means a woody perennial plant generally having a single stem or trunk which will grow to a height of approximately 2m or higher; thoroughfare means any street, way, or place that is designed and used for the passage of vehicles, and includes the shoulders and embayments at the side or centre of the thoroughfare used for the parking of vehicles; trading means the selling or hiring, or the offering for sale or hire of goods or services, and includes displaying goods for the purpose of— (a) offering them for sale or hire; (b) inviting offers for their sale or hire; (c) soliciting orders for them; or (d) carrying out any other transaction in relation to them; vehicle includes— (a) every conveyance and every object capable of being propelled or drawn on wheels, tracks or otherwise; and (b) an animal being ridden or driven, but excludes— (i) a wheel-chair or any device designed for use by physically impaired persons; (ii) a pram, a stroller or similar device; (iii) a boat; and (iv) a shopping trolley;

808 GOVERNMENT GAZETTE, WA 24 January 2017 vehicle crossing specification means the design details, measurements and materials, approved by the local government as the standard vehicle crossing, which when first constructed on any land in the district, will be eligible for a subsidy from the local government; verge means that portion of land that lies between the front of a property and the edge of the thoroughfare, and between imaginary lines extended at a 90 degree angle with the thoroughfare from the edge of the thoroughfare to meet the side boundaries at the front of the includes this local law; and zoned means zoned under a town planning scheme of the local government. it in the Local Government Act 1995, the Local Government (Miscellaneous Provisions) Act 1960, Building Act 2011 and the Glossary of Building Terms published by Standards Australia, unless the context requires otherwise. 1.7 Interpretation In this local law unless the context requires otherwise a reference to— (a) local government property includes a reference to any part of that local government property; and (b) an activity on local government property, local government building or reserve includes a reference to the activity in the airspace above the local government property, local government building or reserve. PART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY AND BUILDINGS Division 1—Determinations 2.1 Determinations as to use of local government property and buildings (1) The local government may make a determination in accordance with clause 2.2— (a) setting aside specified local government property and buildings for the pursuit of all or any of the activities referred to in clause 2.7; (b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on specified local government property; (c) as to the matters in clauses 2.7(2) and 2.8(2); and (d) as to any matter ancillary or necessary to give effect to a determination. (2) The determinations— (a) are to be taken to have been made in accordance with clause 2.2; (b) may be amended or revoked in accordance with clause 2.6; and (c) have effect on the commencement day. 2.2 Procedure for making a determination (1) The local government is to give local public notice of its intention to make a determination. (2) The local public notice referred to in subclause (1) is to state that— (a) the local government intends to make a determination, the purpose and effect of which is summarised in the notice; (b) a copy of the proposed determination may be inspected and obtained from the offices of the local government; and (c) submissions in writing about the proposed determination may be lodged with the local government within 21 days after the date of publication. (3) If no submissions are received in accordance with subclause (2)(c), the local government is to decide to— (a) give local public notice that the proposed determination has effect as a determination on and from the date of publication; (b) amend the proposed determination, in which case subclause (5) will apply; or (c) not continue with the proposed determination. (4) If submissions are received in accordance with subclause (2)(c), the local government is to— (a) consider those submissions; and (b) decide— (i) whether or not to amend the proposed determination; or (ii) not to continue with the proposed determination. (5) If the local government decides to amend the proposed determination, it is to give local public notice— (a) of the effect of the amendments; and (b) that the proposed determination has effect as a determination on and from the date of publication.

24 January 2017 GOVERNMENT GAZETTE, WA 809 (6) If the local government decides not to amend the proposed determination, it is to give local public notice that the proposed determination has effect as a determination on and from the date of publication. (7) A proposed determination is to have effect as a determination on and from the date of publication of the local public notice referred to in subclauses (3), (5) and (6). (8) A decision under subclause (3) or (4) is not to be delegated by the local government. 2.3 Discretion to erect sign The local government may erect a sign on any local government property or building to give notice of the effect of a determination which applies to that property. 2.4 Determination to be complied with A person must comply with a determination. 2.5 Register of determinations (1) The local government is to keep a register of determinations made under clause 2.1, and of any amendments to or revocations of determinations made under clause 2.6. (2) Sections 5.94 and 5.95 of the Act are to apply to the register referred to in subclause (1) and for that purpose the register is to be taken to be information within section 5.94(u)(i) of the Act. 2.6 Amendment or revocation of a determination (1) The Council may amend or revoke a determination. (2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment were a proposed determination. (3) If the Council revokes a determination, it is to give local public notice of the revocation and the determination is to cease to have effect on the date of publication. Division 2—Activities which may be pursued or prohibited under a determination 2.7 Activities which may be pursued on specified local government property and buildings (1) This local law is subject to any written law and law of the Commonwealth about assistance animals as defined in the Disability Discrimination Act 1992 (Cth) section 9(2). (2) A determination may provide that specified local government property, local government building or reserve, or a portion thereof, is set aside as an area on which a person may— (a) bring, ride or drive an animal; (b) take, ride or drive a vehicle, or a particular class of vehicle; (c) use, launch or fly a kite, motorized model aeroplanes, gliders, or rockets that are propelled by mechanical, hydraulic, combustion or pyrotechnic means; (d) use a children’s playground provided that the person is under an age specified in the determination, but the determination is not to apply to a person having the charge of a person under the specified age; (e) launch, beach, use or leave a boat, a particular class of boat or a personal watercraft; (f) land or launch a balloon, aircraft, helicopter; hang glider or parachute; (g) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or not in specified areas of that local government property; (h) play or practice— (i) golf or archery; (ii) pistol or rifle shooting, but subject to the compliance of that person with the Firearms Act 1973; or (iii) similar activity, specified in the determination, involving the use of a projectile which, in the opinion of the local government may cause injury or damage to a person or (i) ride a bicycle, a skateboard, rollerblades, a sandboard or a similar device; or (j) wear no clothing. (3) A determination may specify the extent to which and the manner in which an activity referred to in subclause (1) may be pursued and in particular— (a) the days and times during which the activity may be pursued; (b) that an activity may be pursued on a class of local government property, specified local government property or all local government property; (c) that an activity is to be taken to be prohibited on all local government property other than that specified in the determination; (d) may limit the activity to a class of vehicles, boats, equipment or things, or may extend it to all vehicles, boats, equipment or things; (e) may specify that the activity can be pursued by a class of persons or all persons; and (f) may distinguish between different classes of the activity.