1812GOVERNMENT GAZETTE, WA 23 March 2017

1812 GOVERNMENT GAZETTE, WA 23 March 2017 (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 as often as may be necessary to prevent it becoming offensive or a breeding place for flies or other vectors of disease; (d) keep the receptacle so far as possible free from flies or other vectors of disease by spraying with a residual insecticide or other effective means; and (e) cause all manure produced on the premises to be collected daily and placed in the receptacle. Division 4—Keeping of Poultry and Pigeons 5.19 Interpretation (1) In this division, unless the context otherwise requires— poultry includes fowls, peafowls, turkeys, geese, ducks, chickens, bantams and other domestic fowls; pigeons are birds that are classified within the family Columbidae and includes doves; and prescribed area means those areas in the Shire of Chittering Town Planning Scheme No 6 zoned as being within a town site (and including R Coded areas within town sites) and those areas zoned Rural Residential. (2) This division applies to the keeping of poultry on residential properties for domestic purposes and not to commercial poultry establishments such as broiler, breeder or egg producing farms. (3) Commercial poultry establishments mentioned in subclause (2) are to manage operations in accordance with the Environmental Code of Practice for Poultry Farms in Western Australia 2004 produced by the Western Australian Broilers Growers Association and Poultry Farmers Association of Western Australia, in conjunction with state and local authorities to control environmental and health nuisances. 5.20 Limitation on numbers of poultry and pigeons (1) An owner or occupier of premises in prescribed areas shall not keep more than 20 poultry and 20 pigeons on any one lot of land. (2) An Authorised Officer may issue a written notice to the owner or occupier of land, whether in a prescribed area or not, where poultry or pigeons are kept for the number of poultry and pigeons to be reduced to ensure that a health nuisance does not exist. (3) An Authorised Officer may increase the number of poultry or pigeons kept on any one lot of land if satisfied that a health nuisance does not exist. 5.21 Conditions of keeping poultry (1) A person who keeps poultry or permits poultry to be kept shall ensure that— (a) all poultry is kept in a properly constructed and securely fastened structure or enclosure; (b) the structure or enclosure is in a yard having an otherwise unobstructed area of at least 30 square metres; and (c) no poultry is able to approach within 15 metres of a street other than a right of way unless, in the case of land at the junction of two or more streets, an Authorised Officer has approved a lesser distance. (2) A person who keeps poultry or permits poultry to be kept shall ensure no poultry is able to encroach within 15 metres of a dwelling house, public building, or premises where people are employed or premises where food is stored, prepared manufactured or sold. 5.22 Roosters (1) An owner or occupier of premises shall not— (a) without the written approval of an Authorised Officer; or (b) except in accordance with any conditions imposed by an Authorised Officer in connection with the approval under paragraph (a), keep or permit a rooster to be kept on the premises. (2) An Authorised Officer may, upon written application, grant approval with or without conditions to the owner or occupier of premises to keep on the premises a specified number of roosters. (3) An Authorised Officer may rescind approval for the keeping of rooster(s) if they cause a nuisance. 5.23 Conditions of keeping pigeons A person who keeps, or permits to be kept, pigeons shall ensure that— (a) none is able to approach within 15 metres of a dwelling, public building or premises where people are employed or where food is stored, prepared, manufactured or sold; and (b) except where homing pigeons are freed for exercise, the pigeons are kept in a properly constructed pigeon loft that is in a yard having an otherwise unobstructed area of at least 30 square metres. 5.24 Removal of nonconforming structure or enclosure If a structure or enclosure is used for the keeping of poultry or pigeons contrary to the provisions of clauses 5.21 or 5.23, as applicable, an Authorised Officer may direct the owner or occupier to amend it or remove it.