3612GOVERNMENT GAZETTE, WA 8 October 2020

3612 GOVERNMENT GAZETTE, WA 8 October 2020 (3) A person shall not load, transport, or unload butchers’ waste in a manner that is or may be offensive due to— (a) the sight of animal skeletons, bones, offal or waste matter; (b) the odour of putrefaction, offal or waste matter; or (c) the presence of blood and particles of flesh or fat dropping onto the surface of the street, pavement or ground. Division 3—Rubbish and Refuse 4.7 Interpretation rubbish or refuse includes any filth, dirt, ashes, vegetation, garden refuse, waste material, waste food, sludge, offensive matter, cinders, wood or metal shavings and sawdust but does not include liquid waste or liquid refuse; and refuse disposal site means land set apart by the local government under the Act as a site for the deposit of rubbish or refuse; or which is licensed or registered under the provisions of the Environmental Protection Regulations 1987; and any waste facility as defined in the Waste Avoidance and Resource Recovery Act 2007 that is operated by the local government. 4.8 Deposit of refuse A person shall not deposit or cause or permit to be deposited any rubbish or refuse in or on any street or on any land other than a refuse disposal site defined in these local laws or a waste service or waste facility as defined in the Waste Avoidance and Resource Recovery Act 2007 that is operated by the local government or by an approved contractor. 4.9 Burning of rubbish or refuse (1) A person shall not set fire to rubbish, either in any incinerator or on the ground except in accordance with the conditions of the local government. (2) Subject to subclause (3), the burning of rubbish is subject to the following conditions— (a) the material to be burnt— (i) does not include any plastic, rubber, food scraps, green garden cuttings and other material which may become offensive when burnt; and (ii) is of such quantity, or of such a nature, as to be unsuitable for removal by the local government refuse collection service; (b) there is no other appropriate means of disposal; (c) burning shall not take place— (i) during any period for which an air dispersion alert has been issued by the Bureau of Meteorology; or (ii) where there is no current air dispersion alert, outside the hours of 10.00am to 6.00pm; and (d) burning shall only be undertaken using an incinerator that is designed to burn efficiently in order to minimise smoke emissions and which incorporates a spark arresting device and which is located— (i) at least 3 metres from a fence, building or inflammable matter; and (ii) in such a position so as not to create a nuisance or be offensive to other persons. (3) Subject to any requirements of a Fire Break Notice issued by the local government and any directions issued by the Department of Fire and Emergency Services, the local government may grant a permit to clear by burning fire breaks or vacant blocks of grass, straw, hay, undergrowth, herbage and other similar vegetation. (4) 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. 4.10 Suitable enclosure (1) An owner or occupier of premises— (a) consisting of more than 3 dwellings; or (b) used for commercial or industrial purposes or a food premises, shall if required by the local government provide a suitable enclosure for the storage and cleaning of receptacles on the premises. (2) An owner or occupier of premises required to provide a suitable enclosure under this clause shall keep the enclosure thoroughly clean and disinfected. (3) For the purposes of this clause, a “suitable enclosure” means an enclosure— (a) of sufficient size to accommodate all receptacles used on the premises but in any event having a floor area not less than a size approved by the local government; (b) constructed of brick, concrete, corrugated compressed fibre cement sheet or other material of suitable thickness approved by the local government;