3614GOVERNMENT GAZETTE, WA 8 October 2020

3614 GOVERNMENT GAZETTE, WA 8 October 2020 4.17 Disposing of disused refrigerators or similar containers A person shall not place, leave or dispose of a disused refrigerator, ice chest, ice box, trunk, chest or other similar article having a compartment which has a capacity of 0.04 cubic metres or more on any land without first— (a) arranging for the removal of any refrigerants by a suitably qualified person; and (b) removing every door and lid and every lock, catch and hinge attached to a door or lid; or (c) rendering every door and lid incapable of being fastened. PART 5—NUISANCES AND GENERAL Division 1—Nuisances 5.1 Interpretation car park means premises, or any part of premises, set aside for parking of 3 or more motor vehicles; dust means any visible granular or particulate material which has or has the potential to become airborne and includes organic and non-organic matter and sand, but does not include smoke; fertiliser includes manure; liquid waste means waste from any process or activity, whether useful or useless, that is in liquid form and includes paint, fuel, grease, fat, oil, degreaser, solvent, detergent, chemical, animal waste, food waste, effluent and all discharges of liquid to land, air or water that are not otherwise authorised by a written law but does not include uncontaminated stormwater; occupier means any person who is in control of any land or part of any land or authorised by the owner, lessee, licensee or any other person empowered to exercise control in relation to land to perform any work in relation to any land and without limiting the generality of the foregoing and for the avoidance of doubt includes a builder or contractor; and public vehicle includes bus, tram, taxi or any other public transport. 5.2 Escape of smoke etc. (1) An owner or occupier of premises shall take reasonable measures to prevent the escape of smoke, dust, fumes, offensive or foul odours, liquid waste or liquid refuse from the premises in such quantity or of such a nature as to cause or to be a nuisance. (2) A person shall not on any land of an area 0.4 hectares or less, set fire to rubbish, refuse or other materials on rural residential zoned property unless— (a) written approval has first been obtained from the local government; (b) the person demonstrates to the satisfaction of the local government that reasonable alternatives for the disposal of the rubbish, refuse or other material do not exist and the potential for pollution is low; (c) the material does not include any plastic, rubber, food scraps, green garden materials or other material likely to cause the generation of smoke or odour in such quantity as to cause a nuisance to other persons; (d) a haze alert has not been issued by the Bureau of Meteorology for the period during which burning is to take place; and (e) the burning complies with the Bush Fires Act 1954, any annual fire hazard reduction notice issued by the local government under that Act and any conditions of approval as determined by the local government. (3) Subclause (2) shall not apply to any barbeque, solid fuel water heater, space heater or ovens fired with dry paper, dry wood, synthetic char or charcoal type fuel. (4) Subclause (2) is subject to any fire danger rating as determined by the Bureau of Meteorology. 5.3 Public vehicles to be kept clean The owner or person in control of a public vehicle shall take reasonable measures to maintain the vehicle at all times— (a) in a clean condition; (b) free from vectors of disease; and (c) whenever directed to do so by an Authorised Officer, thoroughly clean and disinfect the vehicle. 5.4 Prohibition against spitting A person shall not spit on a footpath, street or within or on, any public place, building or facility accessible to the public which is within the local government’s jurisdiction. 5.5 Dust management (1) If an owner or occupier of land intends to undertake any work involving the clearing of land, from which any sand or dust is likely to be released whether by means of wind, water or any other cause, the owner or occupier shall— (a) submit to an authorised officer a Dust Management Plan in accordance with “A guideline for managing the impacts of dust and associated contaminants from land development sites,