3372GOVERNMENT GAZETTE, WA 8 August 2016

3372 GOVERNMENT GAZETTE, WA 8 August 2016 (b) the suitability of the local planning scheme zoning of the premises for the proposed use; (c) the environmental sensitivity and general nature of the location surrounding the premises for the proposed use; (d) the structural suitability of any enclosure in which any cat is to be kept; (e) the likelihood of a cat causing nuisance, inconvenience, or annoyance to the occupiers of adjoining land; (f) the likely effect on the amenity of the surrounding area of the proposed use; (g) the likely effect on the local environment including any pollution or other environmental damage which may be caused by the proposed use; (h) any submissions received under subclause (2) within the time specified; and (i) 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 adjoining landowners; (b) advise the adjoining landowners that they may make submissions to the local government on the application for the permit within 14 days of receiving that advice, before determining the application for the permit; and (c) give local public notice of the proposal. 3.8 Cats creating a nuisance (1) The keeper of a cat shall not allow a cat to create a nuisance. (2) Where, in the opinion of an authorised person, a cat is creating a nuisance, the local government may give written notice to the keeper of the cat requiring that person to abate the nuisance. (3) When a nuisance has occurred and a notice to abate the nuisance is given, the notice remains in force for the period specified by the local government on the notice or until the notice is withdrawn by the local government. (4) A person given a notice to abate the nuisance shall comply with the notice within the period specified in the notice. 3.9 Cats in temporarily vacant premises The keeper of a cat shall not leave a cat on premises while the premises are temporarily vacant, without daily arrangements for the care and welfare of the cat. PART 4—PERMITS FOR KEEPING OF CATS 4.1 Conditions applicable to all permits (1) Every permit is issued subject to the following conditions— (a) each cat kept on the premises to which the permit relates shall be registered under the Act; (b) each cat shall be contained on the premises unless under the effective control of a person; (c) the permit holder will provide adequate space for the exercise of the cats; (d) the premises shall be maintained in good order and in a clean and sanitary condition; and (e) such other conditions, as the local government considers appropriate. (2) In addition to the conditions subject to which a permit is to be issued under subclause (1), a permit may be issued subject to other conditions, as the local government considers appropriate. 4.2 Additional conditions for other than cat management facility Where an application to keep more than 2 cats is approved under clause 3.6 for other than a cat management facility, the following conditions apply— (a) compliance with clause 4.1; (b) in the case of a multiple dwelling, where there is no suitable dividing fence, the written consent to the application for a permit of the occupier of the adjoining multiple dwellings has been obtained; and (c) without the consent of the local government, the permit holder will not substitute or replace any cat once that cat— (i) dies; or (ii) is permanently removed from the premises. 4.3 Additional conditions for cat management facility (1) Where the local government approves an application under clause 3.6 for a cat management facility, the following conditions apply— (a) compliance with clause 4.1; and (b) compliance with Schedule 2. (2) In respect of a particular application for a permit, the local government may vary any of the conditions contained in Schedule 2. (3) A cat management facility may be inspected by an authorised person to ensure compliance with the conditions of the permit.