2210 GOVERNMENT GAZETTE, WA 16 March 2022
5.3 Modified penalties
The offences contained in Schedule 3 are offences in relation to which a modified penalty may be
imposed.
5.4 Issue of infringement notice
Where an authorised person has reason to believe that a person has committed an offence in respect of
which a modified penalty may be imposed, he or she may issue to that person a notice in the form of
Form 8 of the First Schedule of the Regulations.
5.5 Failure to pay modified penalty
Where a person who has received an infringement notice fails to pay the modified penalty within the
time specified in the notice, or within such further time as may in any particular case be allowed by the
CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified penalty.
5.6 Payment of modified penalty
A person who has received an infringement notice may, within the time specified in that notice or within
such further time as may in any particular case be allowed by the CEO, send or deliver to the local
government the amount of the penalty, with or without a reply as to the circumstances giving rise to
the offence, and the local government may appropriate that amount in satisfaction of the penalty and
issue an acknowledgment.
5.7 Withdrawal of infringement notice
(1) Whether or not the modified penalty has been paid, an authorised person may withdraw an
infringement notice by sending a notice in the form of Form 9 of the First Schedule of the Regulations.
(2) A person authorised to issue an infringement notice under clause 5.4 cannot sign or send a notice of
withdrawal.
SCHEDULE 1—APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL
ESTABLISHMENT
(clause 3.2)
I/we (full name) ........................................................................................................................................
of (postal address) ....................................................................................................................................
(telephone number) ..................................................................................................................................
(facsimile number) ...................................................................................................................................
(E-mail address) .......................................................................................................................................
Apply for a licence for an approved kennel establishment at (address of premises) ............................
..................................................................................................................................................................
For (number and breed of dogs)...............................................................................................................
(insert name of person) ............................................................ will be residing at the premises on and
from (insert date) ...........................................
(insert name of person) .................................................. will be residing (sufficiently close to the
premises so as to control the dogs and so as to ensure their health and welfare) at
............................................................................... (insert address of residence)
on and from ................................... (insert date).
Attached are—
(a) a site plan of the premises showing the location of the kennels and yards and all other buildings
and structures and fences;
(b) plans and specifications of the kennel establishment;
(c) copy of notice of proposed use to appear in newspaper;
(d) copy of notice of proposed use to be given to adjoining premises;
(e) written evidence that a person will reside—
(i) at the premises; or
(ii) sufficiently close to the premises so as to control the dogs and so as to ensure their health
and welfare; and
(f) if the person in item (e) is not the applicant, written evidence that the person is a person in
charge of the dogs.
I confirm that I have read and agree to comply with the Code of Practice known as
………………………………………………………, in the keeping of dogs at the proposed kennel
establishment.
Signature of applicant................................................................
Date ............................................................................................
delete where inapplicable.
16 March 2022 GOVERNMENT GAZETTE, WA 2211
Note: A licence if issued will have effect for a period of 12 months—section 27.5 of the Dog Act.
OFFICE USE ONLY
Application fee paid on [insert date].
————
SCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL
ESTABLISHMENT
(clause 3.8(1))
An application for a licence for an approved kennel establishment may be approved subject to the
following conditions—
(a) each kennel, unless it is fully enclosed, must have a yard attached to it;
(b) each kennel and each yard must be at a distance of not less than—
(i) 25m from the front boundary of the premises and 5m from any other boundary of the
premises;
(ii) 10m from any dwelling; and
(iii) 25m from any church, school room, hall, factory, dairy or premises where food is
manufactured, prepared, packed or stored for human consumption;
(c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or
netting or other materials approved by the local government;
(d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the breed
of dog (when it is fully grown), squared, times the number of dogs to be housed in the kennel
and the length of the dog is to be determined by measuring from the base of the tail to the front
of its shoulder;
(e) the floor area of the yard attached to any kennel or group of kennels must be at least twice the
floor area of the kennel or group of kennels to which it is attached;
(f) the upper surface of the kennel floor must be—
(i) at least 100mm above the surface of the surrounding ground;
(ii) smooth so as to facilitate cleaning;
(iii) rigid;
(iv) durable;
(v) slip resistant;
(vi) resistant to corrosion;
(vii) non-toxic;
(viii) impervious;
(ix) free from cracks, crevices and other defects; and
(x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in turn
must lead to a suitably sized diameter sewerage pipe which must be properly laid,
ventilated and trapped in accordance with the health requirements of the local
government;
(g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to
approved apparatus for the treatment of sewage in accordance with the health requirements of
the local government;
(h) the kennel floor must have a durable upstand rising 75mm above the floor level from the
junction of the floor and external and internal walls, or internal walls must be so constructed
as to have a minimum clearance of 50mm from the underside of the bottom plate to the floor;
(i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of
any kennel;
(j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of—
(i) 2m; or
(ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured
from the floor to the uppermost tip of its shoulders while in a stationary upright position;
(k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted
internally and externally with good quality new zincalume or new pre-finished colour coated
steel sheeting or new fibrous cement sheeting or other durable material approved by the local
government;
(l) all external surfaces of each kennel must be kept in good condition;
(m) the roof of each kennel must be constructed of impervious material;
(n) all kennels and yards and drinking vessels must be maintained in a clean condition and must
be cleaned and disinfected when so ordered by an authorised person;
(o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for the
treatment of sewage;