1816 GOVERNMENT GAZETTE, WA 23 March 2017
(ii) at least 10 metres from any footpath, street, private street or public place; and
(iii) at least 5 metres from the boundary of the lot; and
(c) the hive is enclosed on all sides by a fence, wall or other enclosure.
6.21 Bees which cause a nuisance not to be kept
(1) A person shall not keep, or permit the keeping of, bees which cause a nuisance.
(2) An Authorised Officer may direct any person to remove any bees or beehives which in the opinion
of the Authorised Officer are causing a nuisance.
Division 8—Arthropod Vectors of Disease
6.22 Interpretation
arthropod vectors of disease includes—
(i) fleas (Siphonaptera)
(ii) bedbugs (Cimex lectularious)
(iii) crab lice (Phthirus pubis)
(iv) body lice (Pediculus humanus var. corporis); and
(v) head lice (Pediculus humanus var. capitis).
6.23 Responsibility of the owner or occupier
The owner or occupier of the premises shall—
(a) keep the premises and any person residing in or on the premises free from any arthropod
vectors of disease; and
(b) comply with the direction of an Authorised Officer to treat the premises, or anything on the
premises, for the purpose of destroying any vectors of disease.
PART 7—INFECTIOUS DISEASES
Division 1—General Provisions
7.1 Purpose of exercise of powers
The powers under this Part are to be exercised for the purpose of preventing or controlling the spread
of an infectious disease.
7.2 Authorised Officer may visit, inspect and report
An Authorised Officer may visit and inspect any house, its occupants, fixtures and fittings, out-
buildings, yards, drains and sewers connected with any house where an infectious disease has been
identified or where an infectious disease is suspected in order to check or prevent the spread of any
infectious disease.
7.3 Requirements on owner or occupier to clean, disinfect and disinfest
An Authorised Officer may, by notice in writing, direct an owner or occupier of premises, within the
time and in the manner specified in the notice, to clean, disinfect and disinfest—
(a) the premises; or
(b) such things in or on the premises as are specified in the notice,
or both, to the satisfaction of an Authorised Officer.
7.4 Local government may disinfect or disinfest the premises
(1) Where the local government is satisfied that any case of infectious disease has occurred on any
premises, the local government may direct an Authorised Officer, other local government officer or
other person to disinfect and disinfest the premises or any part of the premises and anything in or on
the premises.
(2) An owner or occupier of premises shall permit, and provide access to enable, an Authorised Officer,
other local government officer or other person to carry out the direction given under subclause (1).
(3) The local government may recover the cost of carrying out the work under this clause from the
owner or occupier of the premises in or on which the work was carried out.
(4) The local government is not liable to pay compensation or damages of any kind to the owner or
occupier of premises in relation to any action taken by the local government of any of its staff under
this clause, other than compensation or damages for loss or damage suffered because the local
government or any of its staff acted negligently or in breach of duty.
7.5 Insanitary houses, premises and things
(1) An owner or occupier of any house or premises shall maintain the house or premises free from any
insanitary condition or thing.
(2) Where the local government considers that a house is insanitary, it may, by notice in writing,
direct an owner of the house, within the time and in the manner specified in the notice, to destroy or
amend the house.
Section 1816 - Health Local Law 2017 - GOVERNMENT GAZETTE, WA 23 March 2017 | Zoe
23 March 2017 GOVERNMENT GAZETTE, WA 1817
(3) Where an Authorised Officer considers that—
(a) a house or premises is not being maintained in a sanitary condition; or
(b) anything is insanitary, the officer may, by notice in writing, direct, as the case may be—
(i) the owner or occupier of the house or premises to amend any insanitary condition; or
(ii) the owner or occupier of the thing to destroy or amend it,
within the time and in the manner specified in the notice.
(4) A person who is given notice under subclauses (2) or (3) shall comply with the terms of the notice.
7.6 Authorised Officer may authorise disinfecting
Where an Authorised Officer believes that a person is or may be infected by an infectious disease, the
Authorised Officer may direct the person to have his or her body, clothing and effects disinfected at a
place and in a manner directed by the Authorised Officer.
7.7 Persons in contact with an infectious disease sufferer
If a person in any house is, or is suspected of, suffering from an infectious disease, any occupant of the
house or any person who enters or leaves the house—
(a) shall obey such instructions or directions as the local government may issue; and
(b) may be removed, at the direction of the local government, to isolation in an appropriate place
to prevent or minimise the risk of the infection spreading and if so removed, shall remain in
that place until the local government directs otherwise.
7.8 Declaration of infected house or premises
(1) To prevent or check the spread of infectious disease, the local government may from time to time
declare any house or premises to be infected.
(2) A person shall not enter or leave any house or premises declared to be infected without the written
consent of an Authorised Officer.
7.9 Destruction of infected animals
An Authorised Officer, upon being satisfied that an animal is or may be infected or is liable to be
infected or to convey infection may, by notice of writing, direct that the animal be examined by a
registered veterinary officer and all steps taken to enable the condition to be controlled or eradicated
or the animal destroyed and disposed of—
(a) in the manner and within the time specified in the notice; and
(b) by the person in whose possession, or upon whose premises, the animal is located.
7.10 Disposal of a body
(1) An occupier of premises in or on which is located the body of a person who has died of an infectious
disease shall, subject to subclause (2), cause the body to be buried or disposed of in such manner,
within such time and with such precautions as may be directed by an Authorised Officer.
(2) A body shall not be removed from the premises where death occurred except to a cemetery or a
morgue.
7.11 Local government may carry out work and recover costs
(1) Where—
(a) a person is required under this division or by a notice given under this division, to carry out
any work; and
(b) that person fails or neglects to comply with the requirement, that person commits an offence
and the local government may carry out the work or arrange for the work to be carried out by
another.
(2) The costs and expenses incurred by the local government in the execution of a power under this
clause may be recovered from the person referred to in subclause (1).
(3) The local government is not liable to pay compensation or damages of any kind to the person
referred to in subclause (1) in relation to any action taken by the local government under this clause,
other than compensation or damages for loss or damage suffered because the local government acted
negligently or in breach of duty.
Division 2—Disposal of Used Condoms and Needles
7.12 Disposal of used condoms
(1) An occupier of premises on or from which used condoms are produced shall ensure that the
condoms are—
(a) placed in a sealed impervious container and disposed of in a sanitary manner; or
(b) disposed of in such a manner as may be directed by an Authorised Officer.
(2) A person shall not dispose of a used condom in a public place except in accordance with
subclause (1).
7.13 Disposal of used needles
A person shall not dispose of a used hypodermic syringe or needle in a public place unless it is placed
in an impenetrable, leak proof container and deposited in a refuse receptacle.
1818 GOVERNMENT GAZETTE, WA 23 March 2017
PART 8—LODGING HOUSES
Division 1—Registration
8.1 Interpretation
(1) In this part, unless the context otherwise requires—
bed means a single sleeping berth only. A double bed provided for the use of couples, shall have
the same floor space requirements as two single beds;
bunk means a sleeping berth compromising one of two arranged vertically;
Certificate of Registration of a Lodging House means a certificate issued under clause 8.4 in
the form of Schedule 2;
Certificate of Sleeping Accommodation means a certificate issued under clause 8.27 in the
form of Schedule 6;
Certificate of Sleeping Accommodation for a Lodging House with more than 20 Sleeping
Apartments means a certificate issued under clause 8.27 in the form of Schedule 7;
dormitory means a building or room utilised for sleeping purposes at a short term hostel or
recreational campsite;
Food Standards Code means the Australia New Zealand Food Standards Code as defined in the
Commonwealth Food Standards Australia New Zealand Act 1991;
keeper means a person whose name appears on the register of keepers, in respect of a lodging
house, as the keeper of that lodging house and who is the person responsible for the care and
management of the lodging house;
laundry unit means a facility consisting of—
(a) a washing machine with a capacity of not less than 4 kilograms of dry clothing;
(b) either an electric drying cabinet or not less than 30 metres of clothes line;
(c) one wash trough of not less than 45 litres capacity, connected to both hot and cold
water; and
(d) A hot water system that—
(i) is capable of delivering an adequate supply of water at a temperature of at least
65 degrees Celsius for each washing machine and wash trough provided with the
communal facilities; and
(ii) has a delivery rate of not less than 5 litres per minute for each washing machine
or a higher delivery rate according to the manufacturer’s specification;
lodger means a person who obtains, for hire or reward, board or lodging in a lodging house;
lodging house includes a recreational campsite, a serviced apartment and a short term hostel
and has the same meaning as defined in Section 3 of the Act;
manager means a person duly appointed by the keeper in accordance with this division to reside
in, and have the care and management of, a lodging house;
recreational campsite means a lodging house—
(a) situated on a campsite principally used for—
(i) recreational, sporting, religious, ethnic or educational pursuits, or
(ii) conferences or conventions; and
(b) where the period of occupancy of any lodger is not more than 14 consecutive days, and
includes youth camps, youth education camps, church camps and riding schools;
but does not include a camp or caravan within the meaning of the Caravan Parks and
Camping Grounds Act 1995;
register of lodgers means the register kept in accordance with Section 157 of the Act and this
Part;
register of keepers means a register kept in accordance with Section 146 of the Act by the local
government in which is registered the names and residences of the keepers of all lodging
houses within its district and the situation of every such house and the number of persons
authorised by the local government to be resident therein;
resident means a person, other than a lodger, who resides in a lodging house;
serviced apartment means a lodging house in which each sleeping apartment, or group of
sleeping apartments in common occupancy, is provided with its own sanitary conveniences
and may have its own cooking facilities;
short term hostel means a lodging house where the period of occupancy of any lodger is not more
than 14 consecutive days and shall include youth hostels and backpacker hostels;
sleeping apartment means a room used for lodgers to sleep in; and
vector of disease means an arthropod or rodent that transmits, by biological or mechanical
means, an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs,
crab lice and head lice.
(2) Where in this Part an act is required to be done or forbidden to be done in relation to any lodging
house, the keeper of the lodging house has, unless the contrary intention appears, the duty of causing
to be done the act so required to be done, or of preventing from being done the act so forbidden to be
done, as the case may be.
23 March 2017 GOVERNMENT GAZETTE, WA 1819
8.2 Lodging house not to be kept unless registered
A person shall not keep or cause, suffer or permit to be kept a lodging house unless—
(a) the lodging house is constructed in accordance with the requirements of this Part;
(b) the lodging house is registered by the local government under clause 8.4;
(c) the name of the person keeping the lodging house is entered in the register of keepers; and
(d) either—
(i) the keeper; or
(ii) a manager who, with the written approval of an Authorised Officer, has been appointed
by the keeper to have the care and management of the lodging house;
resides or intends to reside continuously in the lodging house whenever there is one or more
lodgers in the lodging house.
8.3 Application for registration
An application for registration of a lodging house shall be—
(a) in the form prescribed in Schedule 1;
(b) duly completed and signed by the proposed keeper; and
(c) accompanied by—
(i) the fee as fixed from time to time by the local government under Section 344C of the
Act; and
(ii) detailed plans and specifications of the lodging house.
8.4 Certificate of Registration of a Lodging House
The local government may approve, with or without conditions, an application under clause 8.3 by
issuing to the applicant a Certificate of Registration of a Lodging House in the form of Schedule 2.
8.5 Renewal of registration
A person who keeps a lodging house which is registered under this Part shall—
(a) during the month of June in each year apply to the local government for the renewal of the
registration of the lodging house; and
(b) pay the fee as fixed from time to time by the local government under Section 344C of the Act
at the time of making each application for renewal.
8.6 Notification upon sale or transfer
If the owner of a lodging house sells or transfers or agrees to sell or transfer the lodging house to
another person, he or she shall, within 14 days of the date of sale, transfer or agreement, give to the
Chief Executive Officer, in the form of Schedule 3 written notice of the full name, address and
occupation of the person to whom the lodging house has been, or is to be, sold or transferred.
8.7 Revocation of registration
(1) Subject to subclause (3), the local government may, at any time, revoke the registration of a
lodging house for any reason which, in the opinion of the local government, justifies the revocation.
(2) Without limiting the generality of subclause (1), the local government may revoke a registration
upon any one or more of the following grounds—
(a) that the lodging house has not, to the satisfaction of an Authorised Officer, been kept free
from vectors of disease or in a clean, wholesome and sanitary condition;
(b) that the keeper has—
(i) been convicted of an offence against these local laws in respect of the lodging house; or
(ii) not complied with a requirement of this Part; or
(iii) not complied with a condition of registration;
(c) that the local government, having regard to a report from the Police Service, is satisfied that
the keeper or manager is not a fit and proper person; and
(d) that, by reason of alterations or additions or neglect to repair or renovate, the condition of the
lodging house is such as to render it, in the opinion of an Authorised Officer, unfit to remain
registered.
(3) Before revoking the registration of a lodging house under this clause, the local government shall
give notice to the keeper requiring him or her, within a time specified in the notice, to show cause why
the registration should not be revoked.
(4) Whenever the local government revokes the registration of a lodging house, it shall give the keeper
notice of the revocation and the registration shall be revoked as from the date on which the notice is
served on the keeper.
Division 2—Construction and use requirements
8.8 General construction requirements
The general construction requirements of a lodging house shall comply with the Building Code.
8.9 Insect screening
The keeper shall provide and maintain in good working order and condition on the premises windows
and external doors that are screened with mesh having openings no larger than 1.2 millimetres.