LOCAL GOVERNMENT ACT 1995
CITY OF GOSNELLS
LOCAL GOVERNMENT PROPERTY AMENDMENT
LOCAL LAW 2020
Under the powers conferred by the
Local Government Act 1995, and under all other powers enabling
it, the Council of the City of Gosnells resolved on 11 February 2020 to make the following local law.
Citation
This local law is the
City of Gosnells Local Government Property Amendment Local Law 2020.
Commencement
This local law comes into operation 14 days after the date of its publication in the
Government
Gazette.
Application
This local law applies throughout the district.
Principal local law amended
This local law amends the
City of Gosnells Local Government Property Local Law 2009 as published
in the
Government Gazette on 24 February 2009 and as amended and published in the
Government
Gazette on 6 May 2011, 31 May 2011, and 15 April 2014.
Clause 2.1 amended
In clause 2.1 delete subclauses (1) and (2) entirely and replace with the following text—
“(1) This local law is subject to any written law about assistance animals as defined in the
Disability Discrimination Act 1992 (Cth) section 9(2).
(2) Council may make a determination in accordance with clause 2.2—
(a) setting aside specified local government property 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 and to the extent and in the manner specified in that
clause;
(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.”
Clause 2.7 amended
In clause 2.7(1) delete paragraphs (c), (e), (f), (g), (h) and (j).
Clause 2.8 amended
Clause 2.8 is amended as follows—
(a) Delete subclause (1);
(b) In subclause (2) delete paragraphs (a), (e), (f), (g), (i), (k);
(c) In paragraph (h) of subclause (2), after the words “similar device;” insert the word “and”;
(d) In paragraph (j) of subclause (2) after the word “purpose” insert a full stop and delete the
semi colon and the word “and”.
Insert new Clause 2.8A Outright prohibition of specific activities on any local government property
Insert a new clause after Clause 2.8 as below
“2.8A Outright prohibition of specific activities on any local government property
The following activities are prohibited from being pursued on any local government property
owned or controlled by the local government—
(a) a person shall not smoke within 10m of a children’s playground owned by the local
government or under the care and control of the local government;
(b) a person shall not use, launch or fly a motorised aeroplane, glider or rocket that is
propelled by mechanical, hydraulic, combustion or pyrotechnic means on or from any
local government property except where a sign erected on the local government property
sets aside an area designated for all or any such uses;
(c) a person shall not use a boat or any particular class of boat on or in any reserve
containing a water body owned or vested in the local government;
(d) a person shall not deposit or leave on any local government property any rubbish, refuse,
clothing, paper, glass, timber, stone, bricks, sand, gravel, scrap metal or liquid waste,
other than in a receptacle provided for the purpose or on local government property
where a sign permits this activity;
(e) a person shall not play at or practice golf on any local government property except on
local government property specifically set aside for that purpose;
(f) a person shall not aim, shoot or throw an arrow or similar projectile on any local
government property except where a permit specifies a particular local government
property;
(g) a person shall not have in their possession any gun or rifle or means of discharging any
projectile that may cause injury or damage to a person or property on any local
government property except where a permit specifies a particular local government
property;
(h) a person shall not play or practice any ball game which may cause detriment to the
property or any fauna or flora on any reserve owned or vested in the local government. In
this clause ‘fauna’ and ‘flora’ means the same as that in clause 4.3(2) of this local law;
(i) a person shall not swim, dive, wade or fish in any reserve containing a water body owned
or vested in the local government except where the local government has authorised
swimming, diving, wading or fishing;
(j) a person shall not feed fauna so as to cause harm or be detrimental to the health of the
fauna on any local government property. In this clause ‘fauna’ and ‘flora’ means the same
as that in clause 4.3(2) of this local law;
(k) a person shall not release into any waterway upon or passing through a reserve under the
control of the local government, any fish, animal or plant; and
(l) a person shall not fly a drone or remotely piloted aircraft on or over land that is local
government property unless in accordance with Civil Aviation Safety Authority (CASA)
Regulations.”
9. Clause 3.13 (1) amended
Clause 3.13(1) is amended as follows—
(a) Delete paragraph (i);
(b) Amend text of paragraph (n) by removing the words “or a refuelling site”.
10. Clause 3.14 deleted
Delete all of clause 3.14.
11. Clause 4.5 deleted
Delete all of clause 4.5.
12. Clause 4.6 amended
Clause 4.6 is amended as follows—
(a) Delete the text of subclause (1) paragraph (b) and replace it with “loiter outside or in any
portion of a toilet block or change room facility;”;
(b) Delete subclause (2) entirely.
13. Schedule 1 amended
Schedule 1 is deleted and replaced with the following—
Prescribed Offences
Item Clause Description
Modified
Penalty
$
1 2.4 Failure to comply with determination. 150
2 2.8A Carried out a prohibited activity on local government property. 150
3 3.6 Failure to comply with conditions of permit. 100
4 3.13(1) Failure to obtain a permit. 100
5 3.15(1) Failure to obtain permit for liquor. 100
6 3.16 Failure of permit holder to comply with responsibilities. 100
7 4.1 Behaviour which interrupts, disturbs or interferes with
enjoyment of other persons or interrupts, disturbs or interferes
with a local government employee or a contractor engaged by
the local government working in or on the property.
150
Section 1 - Cat Amendment Local Law 2020 - Cat Amendment Local Law 2020 | Zoe
Prescribed Offences
Item Clause Description
Modified
Penalty
$
8 4.2(1) Behaviour causing relatively minor detriment to property. 150
9 4.3 Kill, injure, take or interfere with any fauna or flora. 200
10 4.4 Be under the influence of liquor or prohibited drug. 100
11 4.6(1)(c) Without consent of occupier, enter or attempt to enter a toilet
or other compartment already occupied.
150
12 4.6(1)(d) Enter toilet block or change room facility of opposite gender. 150
13 4.7(2) Failure to comply with sign on local government property. 100
14 5.2(2) Fail to leave pool premises quietly and peaceably when
requested to do so.
100
15 5.3 Failure to meet responsibilities for conduct at a function. 100
16 5.4 Failure to meet responsibilities of aquatic centre users. 100
17 5.5 Record or transmit an image in any portion of a change room at
an aquatic centre.
200
18 5.6 Unauthorised entry to fenced or closed local government
property.
100
19 6.1(a) Enter or leave any local government property or building other
than by the public entrance or exit ways.
100
20 6.1(b) Enter or remain on any local government property or building
except during those times when access is available to the
public.
100
21 6.2 Enter local government property or building without first
paying the applicable fee or charge.
100
22 8.1 Failure to comply with any lawful direction of an authorised
person.
100
23 9.2 Failure to comply with notice. 300
14. Schedule 2 deleted
Delete Schedule 2 from the local law.
————
Dated: 17 February 2020.
The Common Seal of the City of Gosnells was affixed by authority of a resolution of the Council in the
presence of—
DAVID GOODE JP, Mayor.
IAN COWIE PSM, Chief Executive Officer.
———————————
LOCAL GOVERNMENT ACT 1995
CITY OF GOSNELLS
STANDING ORDERS AMENDMENT LOCAL LAW 2020
Under the powers conferred by the
Local Government Act 1995, and under all other powers enabling
it, the Council of the City of Gosnells resolved on 11 February 2020 to make the following local law.
PART 1—PRELIMINARY
1.1 Title
This local law may be cited as the
City of Gosnells Standing Orders Amendment Local Law 2020.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the
Government
Gazette.
1.3 Principal local law amended
This local law amends the
City of Gosnells Standing Orders Local Law 2016 as published in the
Government Gazette on 1 December 2016.
1.4
City of Gosnells Standing Orders Local Law 2016 amended
(1) In clause 4.5 after the subclause (7), insert the following new clause—
(7A) If, in the opinion of a member, false or inaccurate information or any adverse reflection about
them is contained in any question from a member of the public, then through the presiding
member, the member to whom the information or adverse reflection relates may offer a brief
comment by way of correction.
(2) In clause 4.13 after the subclause (6), insert the following new clause—
(7) If a motion of which due notice has been given is moved and seconded but lost, a notice of
motion of the same or substantially the same effect is not to be given again for at least 6 months
or until after the next local government election whichever occurs first, unless at least 50% of
Members give written notice to the CEO at least 7 days prior to a Council Meeting requesting
that a motion of the same or substantially the same effect be included on the agenda.
————
Dated: 17 February 2020.
The Common Seal of the City of Gosnells was affixed by authority of a resolution of the Council in the
presence of—
DAVID GOODE JP, Mayor.
IAN COWIE PSM, Chief Executive Officer.
SHIRE OF KELLERBERRIN
———————————
ANIMALS, ENVIRONMENT AND
NUISANCE LOCAL
LAW 2019
26 February 2020 GOVERNMENT GAZETTE, WA 419
LOCAL GOVERNMENT ACT 1995
SHIRE OF KELLERBERRIN
ANIMALS, ENVIRONMENT AND NUISANCE LOCAL LAW 2019
CONTENTS
PART 1—PRELIMINARY
1.1 Citation
1.2 Commencement
1.3 Application
1.4 Interpretation
PART 2—KEEPING OF ANIMALS
Division 1—Animals
2.1 Interpretation
2.2 Cleanliness
2.3 Animal enclosures
Division 2—Keeping of birds
2.4 Keeping of poultry and pigeons in a residential zone
2.5 Application for approval to keep poultry and pigeons in a residential zone
2.6 Conditions for keeping of poultry
2.7 Roosters, geese, turkeys and peafowl
2.8 Conditions for keeping of pigeons
2.9 Termination of approval to keep poultry or pigeons
2.10 Restrictions on pigeon nesting and perching
2.11 Conditions of keeping aviary birds
2.12 Nuisance caused by birds
Division 3—Keeping of bees
2.13 Permit required to keep bees
2.14 Application for a permit
2.15 Determination of application
2.16 Conditions of approval
2.17 Variation or cancellation of permit and conditions
2.18 Permit holder to notify cessation of registration or keeping of bees
2.19 Permit not transferable
2.20 Nuisance
2.21 Notice to remove bees
Division 4—Keeping of farm animals
2.22 Permit required to keep farm animals
2.23 Application for a permit to keep farm animals
2.24 Determination of application to keep farm animals
2.25 Conditions of approval to keep farm animals
2.26 Variation or cancellation of permit to keep farm animals and conditions of permit
2.27 Conditions for keeping farm animals
2.28 Keeping a miniature horse
2.29 Keeping a miniature pig
2.30 Requirements for farm animal shelters
420 GOVERNMENT GAZETTE, WA 26 February 2020
Division 5—Livestock
2.31 Livestock not to stray
2.32 Property to be fenced
PART 3—BUILDING, DEVELOPMENT AND LAND CARE
Division 1—Litter and refuse on building sites
3.1 Provision of refuse receptacles
3.2 Control of refuse
3.3 Unauthorised storage of materials
Division 2—Prevention of dust and liquid waste
3.4 Prohibited activities
3.5 Dust management
Division 3—Smoke
3.6 Burning of cleared vegetation prohibited
Division 4—Unsightly land and disused materials
3.7 Removal of refuse and disused materials
3.8 Removal of unsightly overgrowth of vegetation
3.9 Storage of vehicles, vessels and machinery
3.10 Disposing of disused refrigerators or similar containers
Division 5—Hazardous materials
3.11 Hazardous trees
PART 4—NUISANCES AND DANGEROUS THINGS
Division 1—Light
4.1 Use of exterior lights
4.2 Emission or reflection of light
4.3 Notice may require specified action to prevent emission or reflection of light
Division 2—Smoke, fumes, odours and other emissions
4.4 Burning rubbish, refuse or other material
4.5 Escape of smoke, fumes, odours and other emissions
Division 3—Trucks
4.6 Livestock vehicles
4.7 Truck noise from residential land
Division 4—Swimming pool backwash management
4.8 Disposal of swimming pool backwash
Division 5—Stormwater management
4.9 Containment of stormwater
Division 6—Amusement activities
4.10 Nuisance
Division 7—Bird nuisance
4.11 Restrictions on feeding of birds
PART 5—OBJECTIONS AND APPEALS
5.1 Objections and appeals
PART 6—ENFORCEMENT
Division 1—Notice of breach
6.1 Notice of breach
6.2 Form of notices
6.3 When local government may undertake work required by notice
26 February 2020 GOVERNMENT GAZETTE, WA 421
Division 2—Offences and penalties
Subdivision 1—General
6.4 Offences and penalties
Subdivision 2—Infringement notices and modified penalties
6.5 Prescribed offences
6.6 Form of infringement notices
6.7 Entry into private land
SCHEDULE 1—PRESCRIBED OFFENCES
26 February 2020 GOVERNMENT GAZETTE, WA 423
LOCAL GOVERNMENT ACT 1995
SHIRE OF KELLERBERRIN
ANIMALS, ENVIRONMENT AND NUISANCE LOCAL LAW 2019
Under the powers conferred by subdivision 2 of Division 2 of Part 3 of the
Local Government Act 1995
and under all other powers enabling it, the Council of the Shire of Kellerberrin resolved on the
17th December 2019 to make the following local law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the S
hire of Kellerberrin Animals, Environment and Nuisance Local
Law 2019.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the
Government
Gazette.
1.3 Application
This local law applies throughout the district.
1.4 Interpretation
(1) In this local law, unless the context specifies otherwise—
Act means the
Local Government Act 1995;
affiliated person means a person who is a member of a poultry or pigeon club incorporated under
the
Associations Incorporation Act 2015;
amusement means anything usually conducted for amusement at a fair, a carnival or a show,
whether conducted at a fair, a carnival or a show or elsewhere;
approved animal means any farm animal which is the subject of a permit;
AS/NZS 3500 means the standard called
“Plumbing and Drainage” published by the Standard
Association of Australia;
authorised person means a person appointed by the local government, under section 9.10 of the
Act to perform all or any of the functions conferred on an authorised person under this local
law;
aviary bird means any bird, other than poultry or pigeons, kept, or usually kept in an aviary or
cage;
birds includes poultry;
builder means the holder of a building permit issued in respect of building works on a building
site or a person in control of a building site;
Building Code means the latest edition of the Building Code of Australia published by, or on
behalf of, the Australian Building Codes Board, as amended from time to time, but not
including explanatory information published with the Building Code;
building permit has the meaning given to it by the
Building Act 2011;
building site means any lot for which a building permit is current;
Class 6 building means any Class 6 building as defined by the Building Code;
Class 9 building means any Class 9 building as defined by the Building Code;
Code of Practice—Pigeon Keeping means the document entitled A Code of Practice—May 1994—
Pigeon Keeping and Pigeon Racing published in May 1994 by the Pigeon Racing Federation of
WA (Incorporated) and the Independent Racing Pigeon Federation (Incorporated), as
amended from time to time;
cow includes an ox, calf or bull;
development has the meaning given to it in the
Planning and Development Act 2005;
development approval means a development approval under a local planning scheme;
424 GOVERNMENT GAZETTE, WA 26 February 2020
development site includes any lot or lots for which there is currently a development or subdivision
approval, and any lot or lots upon which construction work, earthworks, clearing of scrub,
trees or overgrowth or any other site works are taking or have taken place;
district means the district of the local government;
disused means, in relation to any thing whatsoever, that the thing—
(a) is not in use for the purpose for which it was designed or appears to have been designed
or intended; or
(b) has been stored or left stationary on land in the district for more than 1 month;
dust means any visible granular or particulate material which has or has the potential to become
airborne and includes organic and non-organic matter and sand, but does not include smoke;
EHO means an Environmental Health Officer appointed by the local government under the
Act and includes any acting or Assistant Environmental Health Officer;
equipment means equipment, machinery or vehicles used for, or in connection with, the
development of land;
farm animal includes a sheep, cow, goat, horse (excluding a miniature horse), deer, alpaca, pig
(excluding a miniature pig) or any other animal so classified by the local government;
food premises includes the meaning of “food” as given under section 9 of the
Food Act 2008 and
the meaning of “food business”, as given under section 10 of the
Food Act 2008;
garden refuse means clippings or pruning’s from trees or shrubs or lawn clippings or a
combination thereof;
horse means a stallion, mare, gelding, shetland pony, pony, colt or foal, and includes an ass, mule,
donkey and any beast of whatever description used for burden or draught or for carrying
persons;
land includes any building or structure on the land;
liquid waste means waste from any process or activity that is in liquid form and includes paint,
fuel, grease, fat, oil, degreaser solvent, detergent, chemical, animal waste, food waste, effluent
and all discharges of liquid to land, air or water that are not otherwise authorised by a
written law but does not include uncontaminated stormwater;
livestock means any horse, cow, sheep, goat, swine, buffalo, deer, camel, llama or alpaca;
livestock vehicle means a vehicle that contains livestock or previously has been used for the
carriage of livestock;
local government means the Shire of Kellerberrin;
local planning scheme has the meaning given to it by the
Planning and Development Act 2005;
lot has the meaning given to it by the
Planning and Development Act 2005;
manure receptacle means a receptacle of sufficient capacity to receive all manure produced in one
week on premises upon which a farm animal or farm animals are kept, constructed of smooth,
durable, impervious materials, fitted with a fly proof, hinged cover and with no part of the
floor lower than the adjoining ground;
miniature horse means a horse which meets the standard and height for a miniature horse as
described by the Miniature Horse Association of Australia Inc;
miniature pig means a pig that does not exceed 650 millimetres in height as an adult and weighs
less than 55 kilograms;
nuisance means—
(a) an activity or condition which is harmful or annoying and which gives rise to legal
liability in the tort of public or private nuisance at law;
(b) an unreasonable interference with the use and enjoyment of a person of his or her
ownership or occupation of land; or
(c) interference which causes material damage to land or other property on the land
affected by the interference;
occupier means any person who is in control of any land or part of any land or authorised by the
owner, lessee, licensee or any other person empowered to exercise control in relation to land
to perform any work in relation to any land and includes a builder or contractor;
permit means a permit issued under this local law;
permit holder means a person who holds a valid permit;
pigeon includes homing pigeons and other domesticated breeds of the species
Columba livia, but
does not include native pigeons or doves whether or not the keeping of such birds is subject to
the approval of the Department of Biodiversity, Conservation and Attractions;
poultry includes fowls, roosters, ducks, peafowls, turkeys, geese, guinea fowls, pheasants and
other birds commonly kept for the production of eggs or meat for domestic consumption;
refuse means any waste material including bricks, lime, cement, concrete, rubble, stones, iron,
timber, tiles, bags, plastics, ashes, vegetation, timber, wood or metal shavings, sawdust, and
waste food, and includes any broken, used, derelict or discarded matter;
Regulations means the
Local Government (Functions and General) Regulations 1996;
residential building has the meaning given to it in the Residential Design Codes of Western
Australia as amended;
26 February 2020 GOVERNMENT GAZETTE, WA 425
residential zone includes any area zoned “Residential” and “Urban Development” under a local
planning scheme;
rural zone means any area zoned “Rural” or “Rural Residential” under a local planning scheme;
sand means granules or particles of rock, earth, clay, loam, silt and any other granular,
particulate or like material including dust and gravel;
stormwater means any naturally occurring water that results from rainfall on or around a site, or
water flowing onto the site;
street means any highway or thoroughfare which the public is entitled to use, including the verge
and other things including bridges and culverts appurtenant to it;
subdivision approval means a subdivision approval under the
Planning and Development
Act 2005;
townsite includes the townsites of Kellerberrin, Doodlakine and Baandee which are—
(a) constituted under section 26(2) of the
Land Administration Act 1997; or
(b) referred to in clause 37 of Schedule 9.3 of the Act;
truck means a motor vehicle having a tare weight in excess of 3,000 kilograms;
unreasonable noise has the meaning given to it by the
Environmental Protection Act 1986; and
vermin includes rats, mice, flies, fleas, mites, lice, 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.
(2) Any other expression used in this local law and not defined herein shall have the meaning given to
it in the Act.
(3) Where, in this local law, a duty, obligation or liability is imposed on an “owner or occupier” the
duty shall be deemed to be imposed jointly and severally on each owner and occupier.
(4) Where, under this local law, the local government is authorised to carry out actions, or cause to be
undertaken works, as a consequence of the failure of any person to comply with the terms of a notice
or other conduct, the right to enter land is at all times subject to the provisions of Part 3, Division 3,
subdivision 3 of the Act.
PART 2—KEEPING OF ANIMALS
Division 1—Animals
2.1 Interpretation
In this Division, unless the context otherwise requires—
animal includes cats, dogs, rabbits and ferrets or the like;
catteries are premises registered for the breeding or caring of cats;
manure bin means a receptacle constructed of smooth, impervious material and in such a manner
as to be easily cleaned, which has a tight fitting lid or cover to prevent the release of odours
and prevent the entry of flies.
2.2 Cleanliness
An owner or occupier of premises in or on which a dog, cat or other animal is kept shall—
(a) keep the premises free from excrement, filth, food waste and all other matter which is or is
likely to become offensive or injurious to health, or to attract rats or other vectors of disease;
(b) when so directed by an EHO, clean and disinfect the premises; and
(c) keep the premises, so far as possible, free from flies or other vectors of disease, by spraying
with a residual insecticide or other effective means.
2.3 Animal enclosures
(1) A person shall not keep or cause, or permit to be kept, any animals on premises which are not
effectively drained or of which the drainage flows to the walls or foundations of any building.
(2) The owner or occupier of premises where animals are kept shall, when directed by an EHO, pave,
grade and drain the floors of all structures and the surface of the ground of all enclosures used for the
keeping of animals.
Division 2—Keeping of birds
2.4 Keeping of poultry and pigeons in a residential zone
(1) An owner or occupier of premises in a residential zone shall not keep or permit to be kept on the
premises any poultry or pigeons—
(a) unless approved by the local government in accordance with clause 2.6; and
(b) otherwise than in accordance with subclause (2).
(2) An owner or occupier of premises in a residential zone shall not keep or permit to be kept on the
premises—
(a) more than 12 poultry; and
(b) more than 12 pigeons unless the owner or occupier is an affiliated person in which case the
maximum number of pigeons may be increased to 100.
426 GOVERNMENT GAZETTE, WA 26 February 2020
2.5 Application for approval to keep poultry and pigeons in a residential zone
(1) Subject to compliance with subclause 2.5(2), the local government may approve the keeping of
poultry or pigeons in accordance with these local laws by an owner or occupier of premises within a
residential zone subject to the following—
(a) the owner or occupier submitting an application to the local government, which application
shall—
(i) specify the number of poultry or pigeons proposed to be kept; and
(ii) include a site plan showing lot size, location of enclosure, distance from boundaries and
buildings and proximity to houses on adjoining land.
(2) The local government may, at its discretion, conduct public consultation with all owners/occupiers
whose property abuts the applicant’s property prior to the application being determined.
(3) The local government may approve, with or without conditions, or refuse to approve an application
received under this clause.
(4) Where an approval for the keeping of poultry or pigeons is issued subject to conditions, the holder
of the approval shall comply or cause compliance with those conditions.
2.6 Conditions for keeping of poultry
A person who keeps poultry or permits poultry to be kept shall ensure that—
(a) no poultry shall be kept less than 9 metres from any residential building;
(b) no poultry is able to approach within 15 metres of a public street, public building, commercial
premises or food premises;
(c) all poultry is kept in a properly constructed and securely fastened structure;
(d) the structure has an impervious floor laid with a fall to the front of at least 1 in 50;
(e) all structures or enclosures within which poultry are kept are maintained at all times in a
clean condition; and
(f) all poultry is kept continually confined.
2.7 Roosters, geese, turkeys and peafowl
Except on land in a rural or rural residential zone, or with the prior written permission of the local
government, an owner or occupier of premises shall not keep any of the following—
(a) roosters;
(b) geese;
(c) turkeys; or
(d) peafowls.
2.8 Conditions for keeping of pigeons
(1) A person who keeps pigeons, or permits pigeons to be kept, shall ensure that—
(a) all pigeons are kept in a properly constructed pigeon loft, except where registered homing
pigeons are freed for exercise;
(b) all structures or enclosures within which pigeons are kept are maintained at all times in a
clean condition;
(c) no opening to a pigeon loft, including openings for ventilation, is within 9 metres of any
residential building; and
(d) no opening to a pigeon loft, including openings for ventilation, is within 15 metres of a public
street, public building, commercial premises or food premises.
(2) An affiliated person who keeps pigeons, or permits pigeons to be kept, shall do so in accordance
with the Code of Practice—Pigeon Keeping, subject to the provisions of this local law.
2.9 Termination of approval to keep poultry or pigeons
If an owner or occupier of premises to whom an approval to keep poultry or pigeons has been granted
by the local government pursuant to clause 2.5(3)—
(a) breaches a condition of the approval;
(b) breaches clause 2.7 or clause 2.9 of this local law; or
(c) fails to comply with a written notice served by the local government in relation to the keeping
of poultry or pigeons,
then the local government may cancel its approval upon written notice of such cancellation being
given to the owner or occupier within 60 days of the breach or failure to comply as the case may be.
2.10 Restrictions on pigeon nesting and perching
The local government may order an owner or occupier of a house on or in which pigeons are, or are in
the habit of nesting or perching, to take adequate steps to prevent them from continuing to do so.
2.11 Conditions of keeping aviary birds
A person who keeps, or permits to be kept, aviary birds shall ensure that—
(a) the aviary or cage in which the birds are kept is located at least 1 metre from any lot
boundary and at least 5 metres from a residential building on any other lot;
(b) there is a floor beneath the roofed area of the aviary or cage which is constructed of smooth,
impervious material with a gradient of at least 1 in 50 to the front of the aviary or cage;
26 February 2020 GOVERNMENT GAZETTE, WA 427
(c) the aviary or cage is kept in clean condition and good repair at all times;
(d) all feed for the birds other than that intended for immediate consumption is stored in vermin
proof containers; and
(e) effective measures are taken to prevent the attraction or harbourage of vermin.
2.12 Nuisance caused by birds
An owner or occupier of land shall not keep any bird or birds which—
(a) are or create a nuisance; or
(b) emit an unreasonable noise.
Division 3—Keeping of bees
2.13 Permit required to keep bees
(1) Subject to the provisions of this clause, a person shall not keep bees or allow bees to be kept on
land except in accordance with a valid permit issued in relation to the land.
(2) Subclause (1) does not apply where—
(a) the land is outside the townsite; and
(b) the bees are kept—
(i) at least 500 metres from a thoroughfare; or
(ii) less than 500 metres from a thoroughfare but the vegetation or a screen or other
barrier on the land is such as to encourage the bees to fly at a height over the
thoroughfare as will not create a nuisance to users of the thoroughfare.
(3) Subclause (1) does not apply where an occupier of land keeps bees on the land—
(a) for a continuous period not exceeding 8 weeks; and
(b) for the purpose of pollinating a crop on the land.
(4) An occupier referred to in subclause (3), in keeping bees under that subclause, shall provide a good
and sufficient water supply on the land which is readily accessible by the bees.
(5) Subclause (1) does not apply where a person keeps bees on Crown land.
2.14 Application for a permit
An applicant for a permit shall—
(a) be a person registered as a beekeeper of the
Biosecurity and Agriculture Management
(Identification and Movement of Stock and Apiaries) Regulations 2013;
(b) provide such details as may be required by the local government;
(c) apply in the form approved by the local government; and
(d) pay any application fee imposed and determined by the local government under sections 6.16
to 6.19 of the Act.
2.15 Determination of application
(1) The local government may—
(a) refuse to determine an application for a permit which does not comply with clause 2.14;
(b) approve an application for a permit subject to the conditions referred to in clause 2.16 and to
such other conditions as it considers appropriate; or
(c) refuse to approve an application for a permit.
(2) Where an application for a permit is approved subject to conditions, the permit holder is to comply
with those conditions or is to cause those conditions to be complied with.
(3) Where the local government approves an application under subclause (1)(b), it is to issue to the
applicant a permit in the form approved by the local government.
(4) A permit is valid from the date of issue unless, and until, it is cancelled under this local law.
2.16 Conditions of approval
(1) Without limiting the generality of paragraph 2.15(1)(b) an application for a permit may be
approved by the local government subject to the following conditions—
(a) the provision of a good and sufficient water supply on the land which is readily accessible by
the bees on the land;
(b) each bee hive shall be—
(i) kept at a distance specified by the local government from any thoroughfare, public
place or boundary of the land; or
(ii) located near a screen or other barrier so as to prevent the bees flying low over a
thoroughfare, public place or adjoining land;
(iii) no more than 2 bee hives are to be kept on land of less than 2,000 square metres in
area; and
(iv) no more than 15 bee hives are to be kept on land between 2,000 square metres and
20,000 square metres in area.
(2) In respect of a particular application for a permit, the local government may vary any of the
conditions referred to in subclause (1).
428 GOVERNMENT GAZETTE, WA 26 February 2020
2.17 Variation or cancellation of permit and conditions
(1) The local government may, by written notice to the permit holder, vary the conditions of a permit
after it has been issued.
(2) The local government may cancel a permit on the request of a permit holder to do so.
(3) Notwithstanding clause 2.22, a permit shall be cancelled on—
(a) the permit holder ceasing to be registered as a beekeeper of the
Biosecurity and Agriculture
Management (Identification and Movement of Stock and Apiaries) Regulations 2013; or
(b) the expiration of a continuous period of 12 months during which the permit holder has not
kept any bees on the land to which the permit relates, without any action required on the
part of the local government.
2.18 Permit holder to notify cessation of registration or keeping of bees
(1) In this clause a
permit holder includes the holder of a permit cancelled by subclause 2.18(3).
(2) A permit holder is to notify the local government in writing as soon as practicable after—
(a) the permit holder ceases to be registered as a beekeeper of the
Biosecurity and Agriculture
Management (Identification and Movement of Stock and Apiaries) Regulations 2013; or
(b) a continuous period of 12 months has passed during which the permit holder has not kept any
bees on the land described in her or his permit.
(3) A permit holder shall, within 7 days of the local government giving the permit holder a written
notice to do so, provide to the local government—
(a) written proof of her or his registration as a beekeeper under section 8 of the
Biosecurity and
Agriculture Management (Identification and Movement of Stock and Apiaries)
Regulations 2013;
(b) in respect of land identified by the local government in its notice, a signed statement as to
whether or not he or she has kept bees on the land within the 12 months preceding the date
of the notice; or
(c) both.
2.19 Permit not transferable
A permit is personal to the permit holder and applies only to the land described in the permit.
2.20 Nuisance
A person shall not keep, or allow to be kept, bees or beehives, or both, on land so as to create a
nuisance.
2.21 Notice to remove bees
(1) Whenever, in the opinion of the local government, a person has contravened any provision of the
Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries)
Regulations 2013 or of this local law which relates to the keeping of bees or bee hives, the local
government may give the permit holder, in relation to that land, or if there is no valid permit in
relation to that land, an owner or occupier of the land, a written notice requiring her or him to remove
any bees or bee hives, or both, from the land within the time specified in the notice.
(2) Subject to Division 1 of Part 9 of the Act, on the giving of a notice referred to in subclause (1), any
valid permit given by the local government relating to the keeping of bees or bee hives on that land is
cancelled from the time specified in the notice, being not less than 7 days from the date it is given.
(3) Where a person fails to comply with a notice given under subclause (1), the local government may
dispose of the bees or the bee hives or both, in such manner as it sees fit and recover the costs of so
doing from the permit holder, or an owner or occupier, as the case may be, as a debt due to it.
Division 4—Keeping of farm animals
2.22 Permit required to keep farm animals
Subject to clause 2.28, an owner or occupier of land shall not keep, or allow to be kept, any farm
animal unless—
(a) in accordance with a valid permit authorising the keeping of such a farm animal issued in
relation to the land pursuant to clause 2.23; or
(b) in a rural zone and in accordance with the provisions of any local planning scheme applicable
to that zone.
2.23 Application for a permit to keep farm animals
An application for a permit required by clause 2.22 shall be in the form approved by the local
government and shall include the following information—
(a) a plan of the property, at a scale not less than 1:200, with dimensions clearly marked,
showing where it is proposed that the animal is to be kept and the distance of that location
from any residential building on another lot, Class 6 building or Class 9 building, business
premises or food premises;
(b) a sketch plan, at a scale of 1:100, indicating the nature of the shelter or housing to be
provided for the animal;
26 February 2020 GOVERNMENT GAZETTE, WA 429
(c) a detailed written plan for the management of manure which addresses—
(i) control of flies and other vermin;
(ii) disease prevention; and
(iii) prevention of nuisance odours; and
(d) the appropriate application and permit fees as determined from time to time by the local
government in accordance with sections 6.16 to 6.19 of the Act.
2.24 Determination of application to keep farm animals
(1) Subject to clause 2.26, the local government may—
(a) refuse to determine an application for a permit which does not comply with clause 2.23;
(b) approve an application for a permit subject to such conditions as it considers appropriate; or
(c) refuse to approve an application for a permit.
(2) Where an application for a permit is approved subject to conditions, the permit holder shall comply
with those conditions or cause compliance with those conditions.
(3) Where the local government approves an application under subclause (1)(b), it is to issue to the
applicant a permit in the form approved by the local government.
(4) A permit is valid from the date of issue until 30 June the following year, unless it is cancelled prior
to that date under this local law.
2.25 Conditions of approval to keep farm animals
(1) A permit shall not be granted pursuant to clause 2.24—
(a) unless the land for which the approval is sought is of such dimensions and configuration as
will permit the subject animal to be confined in a minimum cleared area of 150 square metres
and prevented from approaching within 15 metres of any residential building, Class 6
building or Class 9 building, business premises or food premises;
(b) in the case of a horse (other than a miniature horse) or cow, unless the land for which the
approval is sought has a minimum area of 1 hectare;
(c) for the keeping of any pig (other than a miniature pig).
(2) The local government shall take into account the opinions of occupiers of adjoining properties in
determining whether to grant approval for the keeping of a farm animal.
(3) Approval to keep a farm animal may be issued subject to conditions, including—
(a) that a stable or shelter is provided for housing the approved animal;
(b) that a manure receptacle is provided in a position convenient to the shelter or place where the
approved animal is kept, and that the receptacle is used for the receipt of all manure
produced on the premises; or
(c) any other conditions that the local government considers necessary for the protection of the
health and amenity of the neighbourhood;
and such conditions may be imposed at any time subsequent to the initial approval.
2.26 Variation or cancellation of permit to keep farm animals and conditions of permit
(1) The local government may vary the conditions of a permit after it has been issued, and shall give
notice of such variation to the permit holder.
(2) The local government may cancel a permit in the event the permit holder—
(a) fails to comply with any condition set under clause 2.24(1)(b);
(b) after being notified of a variation under subclause (1) fails to comply with the varied
condition;
(c) breaches clause 2.25 or clause 2.27 of this local law; or
(d) fails to comply with a notice of breach issued under clause 6.1 in relations to an offence
committed under clause 2.25 or clause 2.27;
(e) fails to comply with any condition of the licence.
2.27 Conditions for keeping farm animals
(1) An owner or occupier of premises upon which a farm animal or farm animals are kept, shall—
(a) maintain the place or places where the animals are kept in clean condition;
(b) ensure that any farm animal or farm animals kept on the premises does not cause or
constitute a nuisance;
(c) maintain the premises free from flies or other vermin by spraying with residual insecticide or
other effective means;
(d) if a manure receptacle is required to be used—
(i) cause all manure produced on the premises to be collected daily and placed in the
receptacle;
(ii) cause the receptacle to be emptied as often as is necessary to prevent it becoming
offensive or a breeding place for flies or other vermin, but in any case at least once a
week; and
430 GOVERNMENT GAZETTE, WA 26 February 2020
(iii) keep the lid of the receptacle closed except when manure is being deposited or removed;
and
(e) not permit any farm animal to approach within 15 metres of any residential building, food
premises, Class 6 building or a Class 9 building, or a business or commercial premises.
(2) An owner or occupier of premises in a rural zone shall not keep more than 1 pig other than on
premises registered as a piggery pursuant to the provisions of the
Health (Miscellaneous Provisions)
Act 2011, except with the express written approval of the local government.
2.28 Keeping a miniature horse
(1) An owner or occupier of a premises may keep only a sterilised miniature horse on land of not less
than 1,000 square metres in area provided it is registered with the local government and the annual
registration fee approved from time to time by the local government in accordance with sections 6.16
to 6.19 of the Act is paid.
(2) An owner of occupier of premises shall—
(a) not keep more than one miniature horse on land zoned residential or special rural without
the written approval of the local government or an authorised person; and
(b) not permit a miniature horse to come within 9 metres of any house.
(3) The local government or an authorised person may prohibit the keeping of a miniature horse on
any land or may state the conditions under which a miniature horse may be kept.
2.29 Keeping a miniature pig
(1) Except for a miniature pig, and subject to subclause (2) no person shall keep a pig or pigs, in any
residential area or on any land zoned commercial or industrial under the town planning scheme.
(2) The local government or an authorised person may prohibit the keeping of a miniature pig on any
land, or state the conditions under which the miniature pig may be kept.
(3) A person may keep 1 miniature pig in any residential or rural or special rural area provided it is
registered with the local government and the annual registration fee approved from time to time by
the local government in accordance with sections 6.16 to 6.19 of the Act is paid.
(4) An owner or occupier of premises where a miniature pig is kept shall—
(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.
2.30 Requirements for farm animal shelters
(1) Any stable, enclosure or shelter provided for the keeping of farm animals, whether or not a permit
is required for the keeping of such farm animals pursuant to clause 2.24, shall—
(a) not be situated within 15 metres of any residential building, Class 6 building or Class 9
building, business premises or food premises;
(b) not be situated within 1 metre of any lot boundary;
(c) be constructed of materials approved by an authorised person;
(d) have on each side of the building between the wall and roof a clear opening of at least
150 millimetres in height, and of sufficient length, to provide adequate ventilation to the
stable, enclosure or shelter;
(e) when required by the local government have a separate stall for each horse, cow or other
approved animal, the shortest dimension of which shall be at least twice the length of the
animal housed therein; and
(f) subject to subclause (2), have a floor, the upper surface of which shall—
(i) be raised at least 75 millimetres above the surface of the surrounding ground;
(ii) be constructed of cement, concrete or other similar impervious material; and
(iii) have a fall of 1 in 100 to a drain which shall empty into a trapped gully situated outside
the stable or shelter.
(2) A stable or shelter constructed with a sand floor may be approved by an authorised person subject
to—
(a) the site being well drained, with the sand floor being at least 1.5 metres above the highest
known ground water level;
(b) a 300 millimetre thick bed of crushed limestone being laid under the sand of the stable;
(c) the sand, whether natural or imported, being clean, coarse and free from dust;
(d) footings to the stable or shelter being a minimum of 450 millimetres below ground level; and
(e) the design of the stable allowing for the access of small earthmoving machinery, such as a
skid steer loader, into each stall to maintain the correct floor height.
(3) An owner or occupier of any land upon which a stable or shelter is located must ensure that the
stable or shelter complies in all respects with the requirements of subclause (1), and, where the
approval referred to in subclause (2) has been granted, with the requirements of subclause (2).
26 February 2020 GOVERNMENT GAZETTE, WA 431
Division 5—Livestock
2.31 Livestock not to stray
The owner or person in charge of livestock shall 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.
2.32 Property to be fenced
(1) The owner or occupier of property on which livestock is kept, shall 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.
(2) The minimum fencing requirements to confine livestock in a rural or special rural area shall be a
fence of post and wire construction.
PART 3—BUILDING, DEVELOPMENT AND LAND CARE
Division 1—Litter and refuse on building sites
3.1 Provision of refuse receptacles
The owner or occupier of a building or development site shall at all times provide and maintain a
refuse receptacle, available for use on the site, which includes a suitable cover, to the satisfaction of
an authorised person, of such design as will—
(a) contain any refuse likely to be produced on the site; and
(b) prevent refuse being blown from the receptacle by wind.
3.2 Control of refuse
(1) From the time of commencement of works on a building site or development site until the time of
completion of such work, the owner or occupier of the site shall—
(a) ensure all refuse on the site is placed and contained in the refuse receptacle and prevented
from being blown from the site by wind;
(b) keep the site free from any refuse;
(c) maintain the street verge, and any other reserve, immediately adjacent to the site, free of
refuse from the site; and
(d) ensure the refuse receptacle is emptied when full.
(2) The owner or occupier of a building site or development site shall ensure that within 2 days of
completion of works on the site, the site and the street verge immediately adjacent to it, is cleared of
all refuse and all refuse receptacles are removed from the site.
3.3 Unauthorised storage of materials
(1) All construction materials must be located on the building site or development site under
construction, unless written approval has been given by the local government to store materials on
another property (including a road reserve).
(2) An application for approval under subclause (1) must be—
(a) in writing; and
(b) accompanied by the written approval of the landowner of the land on which materials are
proposed to be stored.
Division 2—Prevention of dust and liquid waste
3.4 Prohibited activities
(1) An owner and or occupier of land must take reasonable steps or measures to—
(a) stabilise dust on the land;
(b) contain all liquid waste on the land; and
(c) ensure no dust or liquid waste is released or escapes from the land, whether by means of
wind, water or any other cause.
(2) Where the local government forms the opinion that—
(a) an owner or occupier has not complied with subclause (1)(a) or paragraph (1)(b); or
(b) the dust or liquid waste has been released or escaped from the owner’s or occupier’s land, the
local government may serve on the owner and or occupier of the land, a notice requiring the
owner and or occupier to do one or more of the following—
(i) comply with subclause (1)(a) or (1)(b);
(ii) clean up and properly dispose of any released or escaped dust or liquid waste;
(iii) clean up and make good any damage resulting from the released or escaped dust or
liquid waste; and
(iv) take effective measures to stop any further release or escape of dust or liquid waste;
(c) The requirements set out in a notice issued under subclause (2)(a) must be complied with—
(i) within 48 hours of service of the notice where no other time is specified;
(ii) within such other period as is specified in the notice; or
(iii) immediately, if the notice so specifies.
432 GOVERNMENT GAZETTE, WA 26 February 2020
(3) Where the local government forms the opinion that dust or liquid waste has escaped or has been
released from an activity undertaken on land or as a consequence of the use of equipment on land, the
local government may serve a notice on—
(a) any owner or occupier of the land; or
(b) any operator of equipment on the land,
requiring that the activity or use of equipment on the land be ceased immediately, for such period as
is specified in the notice.
(4) Where the local government is of the opinion that dust or liquid waste may be released or escape
as a result of an activity which is likely to be carried out from any land, the local government may
give to the owner and or occupier a notice providing that the activity may only be carried on subject to
conditions specified in the notice.
3.5 Dust management
If an owner or occupier of land intends to undertake any work involving the clearing of land, from
which any sand or dust is likely to be released whether by means of wind, water or any other cause,
shall—
(a) submit to an authorised person a Dust Management Plan in accordance with the Department
of Water and Environmental Management document “A guideline for managing the impacts
of dust and associated contaminants from land development sites, contaminated sites
remediation and other related activities” (March 2011), or any updated version of this
document;
(b) obtain written approval of the Dust Management Plan from an authorised person before
commencement of any work.
Division 3—Smoke
3.6 Burning of cleared vegetation prohibited
An owner or occupier of any building or development site shall ensure that no vegetation or other
material cleared from the site is burnt on the site.
Division 4—Unsightly land and disused materials
3.7 Removal of refuse and disused materials
(1) The owner or occupier of a lot shall not keep, or permit to remain on the lot, any refuse, rubbish or
disused material of whatever nature or kind which in the opinion of the local government or an
authorised person is likely to give the lot an untidy appearance and does not conform with the general
appearance of other land in that particular part of the district.
(2) The local government or an authorised person may give notice in writing to the owner or occupier
of a lot requiring the removal of refuse, rubbish or disused material from the lot within the time
specified in the notice.
3.8 Removal of unsightly overgrowth of vegetation
(1) The owner or occupier of a lot shall not permit to remain on a lot, any unsightly overgrowth of
vegetation that gives the lot an untidy appearance and does not conform with the general appearance
of other land in that particular part of the district.
(2) The local government or an authorised person may give notice in writing to the owner or occupier
of a lot requiring the removal of the overgrowth of vegetation within the time specified in the notice.
3.9 Storage of vehicles, vessels and machinery
The owner or occupier of a lot shall not—
(a) store, or allow to remain in public view on any lot, more than 1 vehicle, vessel or machinery
(whether licensed or not) in a state of disrepair;
(b) store, or allow to remain in public view on any lot, any vehicle, vessel or machinery in a state
of disrepair for a period in excess of 1 month;
(c) store, or allow to remain in public view on any lot, any vehicle, vessel or machinery parts
(including tyres);
(d) wreck, dismantle or break up any vehicle, part or body of a vehicle, vessel or machinery
except where performed—
(i) inside a building; or
(ii) within an area enclosed by a fence or wall of not less than 1.8 metres in height and of
such a nature as to screen all vehicles, parts or bodies of vehicles, vessels or machinery
from the street and from adjoining properties; or
(e) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance.
3.10 Disposing of disused refrigerators or similar containers
A person shall not place, leave or dispose of a disused refrigerator, ice chest, ice box, trunk, chest or
other similar article having a compartment which has a capacity of 0.04 cubic metres or more on any
land without first—
(a) removing every door and lid and every lock, catch and hinge attached to a door or lid; or
(b) rendering every door and lid incapable of being fastened.
26 February 2020 GOVERNMENT GAZETTE, WA 433
Division 5—Hazardous materials
3.11 Hazardous trees
(1) Where a tree on a lot endangers any person or thing on adjoining land, the local government may
give a notice to the owner or the occupier of the lot to remove, cut, move or otherwise deal with that
tree so as to make the tree safe.
(2) Where a tree on a lot presents a serious and immediate danger to any person or thing, the local
government may take any remedial action it considers appropriate in order to make the tree safe
without having given the owner or occupier notice pursuant to subclause (1).
(3) The local government reserves its right to recover any costs incurred by the local government for
remedial action taken in terms of subclause (2).
PART 4—NUISANCES AND DANGEROUS THINGS
Division 1—Light
4.1 Use of exterior lights
An owner or occupier of land on which floodlights or other exterior lights are erected or used, shall not
allow the floodlights or other exterior lights to shine directly onto any other premises.
4.2 Emission or reflection of light
An owner or occupier of land shall ensure that—
(a) artificial light is not emitted or reflected from anything on the land so as to illuminate
premises outside that land to more than 50 lux; and
(b) natural light is not reflected from anything on the land so as to create or cause a nuisance to
the occupier of any other premises or to a person lawfully using a thoroughfare.
4.3 Notice may require specified action to prevent emission or reflection of light
(1) Where—
(a) floodlights or other exterior lights shine directly onto any other premises;
(b) artificial light is emitted or reflected from anything on the land so as to illuminate premises
outside the land to more than 50 lux; or
(c) natural light is reflected from anything on the land so as to create or cause a nuisance to the
occupier of any other premises or to a person lawfully using a thoroughfare,
the local government may by notice in writing direct the owner or occupier to take such actions as an
authorised person considers necessary within the time specified in the notice.
(2) The notice referred to in subclause (1) may direct that—
(a) floodlights or other exterior lights are used only during the hours specified in the notice;
(b) the direction in which the lights shine be altered as specified in the notice;
(c) any reflective surfaces be painted or otherwise treated so as to abate the nuisance; or
(d) any combination of these measures that the local government believes to be appropriate to
the circumstances.
Division 2—Smoke, fumes, odours and other emissions
4.4 Burning rubbish, refuse or other material
(1) A person shall not set fire to rubbish, refuse or other materials.
(2) Subclause (1) does not apply to rural residential zoned lots or the setting fire to garden refuse on a
lot within a townsite.
(3) A person shall not set fire to rubbish, refuse or other materials on rural residential zoned property
unless—
(a) written approval has first been obtained from the local government;
(b) the person demonstrates to the satisfaction of the local government that reasonable
alternatives for the disposal of the rubbish, refuse or other material do not exist and the
potential for pollution is low;’
(c) the material does not include any plastic, rubber, food scraps or other material likely to cause
the generation of smoke or odour in such quantity as to cause a nuisance to other persons;
(d) a haze alert has not been issued by the Bureau of Meteorology for the period during which
burning is to take place; and
(e) the burning complies with the
Bush Fires Act 1954, any annual fire hazard reduction notice
issued by the local government under that Act and any conditions of approval as determined
by the local government.
(4) Subclauses (1) and (3) shall not apply to any barbeque, solid fuel water heater, space heater or
ovens fired with dry paper, dry wood, synthetic char or charcoal type fuel.
(5) Subclause (4) is subject to any fire danger rating as determined by the Bureau of Meteorology.
4.5 Escape of smoke, fumes, odours and other emissions
An owner or occupier of land or premises shall not cause or permit the escape of smoke, fumes or
odours from the land or premises in such quantity or of such a nature as to cause or to be a nuisance
to any person.
434 GOVERNMENT GAZETTE, WA 26 February 2020
Division 3—Trucks
4.6 Livestock vehicles
(1) A person shall not park a vehicle containing livestock in a townsite for a period in excess of
30 minutes.
(2) A person shall not park a vehicle which contains or has been used for the carriage of livestock so
as to create or be a nuisance to any person, by reason of the odour emanating from the vehicle.
(3) If a person parks a vehicle containing livestock in a townsite in accordance with subclause (1),
then the person does not contravene subclause (2).
4.7 Truck noise from residential land
A person shall not start or drive a truck on land zoned, approved or used for residential purposes
between the hours of 10.30 pm and 6.30 am on the following day without first obtaining the written
consent of the local government.
Division 4—Swimming pool backwash management
4.8 Disposal of swimming pool backwash
(1) The owner or occupier of land on which a swimming pool is constructed shall ensure that all
backwash is not permitted to discharge onto or run-off onto adjacent land so as to cause a nuisance, or
cause damage to any structures situated on adjacent land.
(2) Subclause (1) shall not prevent the discharge of swimming pool backwash from a lot into a local
government approved stormwater drain or road by a method approved by an authorised person.
Division 5—Stormwater management
4.9 Containment of stormwater
(1) Subject to subclause (2), the owner or occupier of a lot shall ensure that all stormwater received by
any building, house, other structure or any paved or sealed or other surfaced areas including any
vehicle access ways on the lot is contained within the lot and is not permitted to discharge onto or
run-off onto adjacent land so as to cause a nuisance, or cause damage to any structures situated on
adjacent land.
(2) Subclause (1) shall not prevent the discharge of stormwater from a lot into a local government
approved stormwater drain or road.
Division 6—Amusement activities
4.10 Nuisance
A person shall not, without written authorisation from the local government, provide or conduct any
amusement on land so as to create or be a nuisance to any owner or occupier of land in the district.
Division 7—Bird nuisance
4.11 Restrictions on feeding of birds
(1) A person shall not feed a bird—
(a) so as to cause a nuisance, or
(b) with a food or substance that is not a natural food of a bird.
(2) Where an authorised person forms the opinion that a person has not complied with subclause (1)
the authorised person may serve the person a notice requiring the person to clean up and properly
dispose of any feed or waste products specified in the notice.
PART 5—OBJECTIONS AND APPEALS
5.1 Objections and appeals
When the local government makes a decision under this local law as to whether it will—
(a) grant a person a permit or authorisation;
(b) vary or cancel a permit or authorisation; or
(c) give a person a notice,
the provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations shall apply to
that decision.
PART 6—ENFORCEMENT
Division 1—Notice of breach
6.1 Notice of breach
(1) Where a breach of any provision of this local law has occurred, the local government may give a
notice in writing to the person alleged to be responsible for such breach.
26 February 2020 GOVERNMENT GAZETTE, WA 435
(2) A notice issued pursuant to subclause (1) shall—
(a) specify the provision of this local law which has been breached;
(b) specify the particulars of the breach; and
(c) state the manner in which the recipient is required to remedy the breach to the satisfaction of
the local government within a time period stipulated in the notice which shall be not less
than 14 days from the giving of the notice.
(3) It is an offence to fail to comply with a notice issued by the local government pursuant to
subclause (1).
6.2 Form of notices
Where this local law refers to the giving of a notice other than the giving of an infringement notice
and no particular form is prescribed, it will be sufficient that the notice be in writing giving adequate
details to enable the owner, occupier or other person to whom the notice is issued to know the offence
committed and the measures required to be taken or conditions with which compliance is required, as
the case may be.
6.3 When local government may undertake work required by notice
(1) This clause applies only in respect of a notice issued under subclauses 3.7(2), 3.8(2), 3.11(1) and
4.3(1) of this local law.
(2) Where a person fails to comply with a notice referred to in subclause (1) the local government may,
subject to compliance with the requirements of subdivision 3 of Division 3 of Part 3 of the Act, do
anything that it considers necessary to achieve, so far as is practicable, the purpose for which the
notice was given.
(3) The local government may recover the cost of anything it does under subclause (2) as a debt due
from the person who failed to comply with the notice.
Division 2—Offences and penalties
Subdivision 1—General
6.4 Offences and penalties
(1) A person who—
(a) fails to do anything required or directed to be done under this local law;
(b) fails to comply with the requirements of a notice issued under this local law by an authorised
person; or
(c) does anything which under this local law that person is prohibited from doing;
commits an offence.
(2) Where, under this local law, an act is required to be done or forbidden to be done in relation to any
land or premises, the owner or occupier of the land or premises has the duty of causing to be done the
act so required to be done, or of preventing from being done the act forbidden to be done.
(3) A person who commits an offence under this local law is liable to a maximum penalty of $5,000
and a maximum daily penalty of $500 in respect of each day or part of a day during which the offence
has continued.
Subdivision 2—Infringement notices and modified penalties
6.5 Prescribed offences
(1) An offence against a clause specified in Schedule 1 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 is that specified adjacent to the clause
in Schedule 1.
(3) An authorised person should be satisfied that—
(a) commission of the prescribed offence is a relatively minor matter; and
(b) only straightforward issues of law and fact are involved in determining whether the
prescribed offence was committed, and the facts in issue are readily ascertainable;
before giving an infringement notice to a person in respect of the commission of a prescribed offence.
6.6 Form of infringement notices
For the purposes of this local law—
(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to
in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;
(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in
Schedule 1 of the Regulations; and
(c) the form of the notice given under section 9.20 of the Act withdrawing an infringement notice
is that of Form 3 in Schedule 1 of the Regulations.
6.7 Entry into private land
This local law is subject to sections 3.25, 3.27 and schedules 3.1 and 3.2 of the
Local Government
Act 1995 and any power of entry exercised by the local government under this local law is subject to
Part 3, Division 3, Subdivision 3 of the Act.
436 GOVERNMENT GAZETTE, WA 26 February 2020
Schedule 1
PRESCRIBED OFFENCES
[cl. 6.5]
Item
No. Clause Nature of Offence Modified
Penalty
1 2.2(a) Failure to keep premise free from excrement, filth, food waste
and other matter likely to be offensive or injurious to health,
attracts, vermin or insects
$250
2 2.2(b) Failure to keep premises clean and disinfected when directed by
an EHO
$250
3 2.2(c) Failure to keep premises free of flies, or when directed by an
EHO, spray premises with residual insecticide or use other
means to kill or repel flies
$250
4 2.3 Failure to maintain adequate enclosures $250
5 2.5 Keep, or permit to be kept, any poultry, not in accordance with
conditions of these local laws
$250
6 2.7 Keep, or suffer to remain in a residential area, a rooster, turkey,
goose or geese, or peafowl
$250
7 2.9 Failing to keep cages, enclosures and lofts maintained to
minimum standard specified in the Code of Practice
$250
8 2.10 Failing to prevent pigeons nesting or perching $250
9 2.11 Failing to keep aviary birds in accordance with conditions of this
local law
$250
10 2.12 Keeping birds so as to create a nuisance $250
11 2.13(1) Failure to obtain a permit to keep bees $250
12 2.13(3) Failure to comply with any obligation when temporarily keeping
bees
$250
13 2.15 Failure to comply with a condition of a permit to keep bees $250
14 2.20 Creation of a nuisance from keeping of bees or beehives $250
15 2.21 Failure to comply with notice of local government $250
16 2.21 Failure to comply with a notice to remove bees or beehives for
contravention of local law
$250
17 2.22 Keeping a farm animal without a valid permit $250
18 2.27 Failure to comply with the conditions for keeping farm animals $250
19 2.28 Keeping a miniature horse on land without approval $250
20 2.29 Keeping a miniature pig on land without approval $250
21 2.32(2) Permitting livestock to stray, or be at large in a street, public
place or private property without consent
$250
22 2.32(1) Failing to keep property fenced in a manner capable of confining
livestock
$250
23 3.1 Failure to provide or maintain a refuse receptacle on a building
or development site
$500
24 3.2 Failure to control refuse on a building or development site $500
25 3.3 Unauthorised storage of materials $500
26 3.4 Release or escape of dust or liquid waste from land $500
27 3.5 Commencing works involving clearing of land without an
approved Dust Management Plan
$500
28 3.6 Burning of cleared vegetation or other material from a building
or development site
$500
29 3.9(a) Storing, or allow to remain on land, more than one vehicle, vessel
or machinery in a state of disrepair
$500
30 3.9(b) Storing, or allow to remain on land, any vehicle, vessel or
machinery in a state of disrepair for a period in excess of 1 month
$500
31 3.9(c) Storing, or allow to remain on land, any vehicle, vessel or
machinery parts (including tyres)
$500
32 3.9(d)(i) Wreck, dismantle or break up any vehicle part or body, vessel or
machinery not inside a building
$500
33 3.9(d)(ii) Wreck, dismantle or break up any vehicle part or body, vessel or
machinery not behind a sufficient fence or wall
$500
34 3.9(e) Wreck, dismantle or break up a vehicle, vessel or machinery so
as to cause a nuisance
$500
26 February 2020 GOVERNMENT GAZETTE, WA 437
Item
No. Clause Nature of Offence Modified
Penalty
35 3.10 Disposing of disused refrigerator or similar container with
door/lid that can be fastened without removing the refrigerant,
door, lid, lock, catch, hinge and rendering the door/lid incapable
of being fastened.
$500
36 4.1 Erection or use of lighting installations other than in accordance
with this local law
$500
37 4.2 Emitting light so as to create or cause a nuisance $500
38 4.5 Permitting the escape of smoke, fumes, odours and other
emissions so as to cause a nuisance
$500
31 4.6(1) Parking a livestock vehicle in an urban area or townsite in excess
of 30 minutes
$500
40 4.7 Starting or driving a truck on residential land, or adjoining
residential land, without consent of the local government
$500
41 4.8(1) Discharging swimming pool backwash onto adjacent land so as to
cause a nuisance or cause damage
$500
42 4.9(1) Failure to ensure that all rainwater or storm water received by a
lot and any building, house or structure on the lot, is contained
within the lot or discharged directly to a stormwater drain or
road
$500
43 4.10 Conducting an amusement so as to create a nuisance $500
44 4.11(1)(a) Feeding a bird which causes a nuisance $500
45 4.11(1)(b) Feeding a bird a food/substance that is not a natural food $500
46 6.4(1)(b) Failure to comply with notice $500
47 6.4(1) Any other offence not specified $500
————
Passed by resolution of the Kellerberrin Shire Council held on the 17th day of December 2019.
Dated this 17th day of December 2019.
The Common Seal of the Shire of Kellerberrin was hereunto affixed in the presence of—
S. W. O’NEILL, Deputy President.
R. L. GRIFFITHS, Chief Executive Officer.
Dated this 17th day of February, 2020.
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