766GOVERNMENT GAZETTE, WA 24 January 2017

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;