3618GOVERNMENT GAZETTE, WA 8 October 2020

3618 GOVERNMENT GAZETTE, WA 8 October 2020 (3) An application for approval of an approved animal shall include the following information— (a) a plan of the property, at a scale not less than 1:200, with dimensions clearly marked, showing where it is proposed that the animal is to be kept and the distance of that location from any residential building on another lot, or commercial premises; (b) a sketch plan, at a scale of 1:100, indicating the nature of the shelter or housing to be provided for the animal; and (c) a detailed written plan for the management of manure which addresses— (i) control of flies and other vermin; (ii) disease prevention; and (iii) prevention of nuisance odours. (4) The local government may vary the conditions of approval after it has been issued, and shall give notice of such variation to the owner or occupier within 14 days of such variation. (5) The local government may cancel its approval in the event that the owner or occupier— (a) fails to comply with any condition of the approval; or (b) breaches this clause. (6) The owner or occupier of premises on which a stable is located shall— (a) maintain the stable in a clean and hygienic condition at all times; (b) keep all parts of the stable so far as possible free from flies, vermin or other vectors of disease; by spraying with an approved residual insecticide or other effective means; and (c) comply with the relevant requirements of the Biosecurity and Agriculture Management Act 2007 and the Biosecurity and Agriculture Management (Stable Fly) Management Plan 2016 (as amended from time to time by the Department of Primary Industries and Regional Development). (7) The owner or occupier of a stable shall comply with any direction or notice of an Authorised Officer in relation to its state of repair, cleanliness, hygiene, control of pests or any other matter which is considered necessary to prevent health nuisances or maintain a satisfactory standard for the keeping of animals therein. (8) The owner or occupier of premises that contains a stable is to ensure a stable shall— (a) have a proper separate stall— (i) for each horse or cow; and (ii) with walls measuring not less than 3 metres, both horizontally and vertically, unless it has a sand floor provided in accordance with subclause (8)(f); and (iii) with a floor area of not less than 11 square metres, unless it has a sand floor provided in accordance with subclause (8)(f); (b) have each wall and roof constructed of an approved impervious material; (c) have a roof that covers the entire floor area of the stall; (d) have on all sides of the building between the wall and the roof a clear opening of at least 150 millimetres in height; (e) subject to subclause (8)(f), have a floor, the upper surface of which shall— (i) be at least 75 millimetres above the surface of the ground; (ii) be constructed of cement, concrete or other similar impervious materials; and (iii) have a fall ratio of 1:100 to a drain, which shall empty, into a trapped gully situated outside the stable and shall discharge in a manner approved by the local government; or (f) have a sand floor, if permitted by the local government, subject to the following— (i) the site must be well drained with the highest known water table at least 0.6 metres below the sand floor level, which may be achieved artificially; (ii) a 300 millimetres thick bed of aggregate approved by an authorised officer shall be laid under the sand of the stable; (iii) sand, whether natural or imported, must be clean, coarse and free from dust; (iv) footings to each stable shall be a minimum of 450 millimetres below ground level; (v) the stable design must allow for the access of small earth moving machinery, such as a skid steer loader, into each individual stall, to maintain the correct floor height; (vi) the minimum floor area of each stall shall be not less than 28 square metres and walls shall not be less than 3 metres vertically or 4 metres horizontally; and (vii) the roofed area of each stall shall not be less than 50 percent of the floor area of the stall. (g) Where an owner had lawful authority to keep an approved animal on their premises prior to this local law coming into operation, they are not required to obtain approval under this clause; however they will not substitute or replace any approved animal once that animal— (i) dies; or (ii) is permanently removed from the premises.

8 October 2020 GOVERNMENT GAZETTE, WA 3619 5.19 Proximity of approved animals to a dwelling house An owner or occupier of premises shall not permit an approved animal to approach within 15 metres of a dwelling house. 5.20 Manure receptacles An owner or occupier of premises on which a stable is constructed shall— (a) provide in a position convenient to the stable a receptacle for manure, constructed of smooth, impervious, durable material that is easily cleanable and provided with a tight fitting hinged cover, and with no part of the floor lower than the surface of the adjoining ground; (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 coming 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 5.21 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 miscellaneous birds includes all birds other than poultry and pigeons. (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. 5.22 Limitation on numbers of pigeons, poultry and miscellaneous birds (1) An owner or occupier of premises in a townsite shall not keep a combined total of more than 12 poultry and 12 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 townsite 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. (4) An owner or occupier shall not keep more than 20 miscellaneous birds on any premises within the district unless otherwise approved. (5) An owner or occupier shall not keep pigeons, poultry or miscellaneous birds so as to create a nuisance. (6) An Authorised Officer may apply relevant conditions, or require a reduction of the approved number of poultry, pigeons, or miscellaneous birds on any premises within the district, or alternatively prohibit the keeping of poultry, pigeons, or miscellaneous birds on a particular premises, if the conditions of this Division are not complied with or if unreasonable noise or a nuisance is being caused. (7) An owner or occupier shall comply with a direction of an authorised officer under this clause. (8) Subclause (4) does not apply to premises used for veterinary purposes or as a pet shop. 5.23 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. 5.24 Roosters, Geese, Turkeys, Peafowl and Gamebirds (1) An owner or occupier of premises shall not within a townsite or on properties with an area of 2 hectares or less, keep or permit to be kept on those premises, any one or more of the following birds without the written approval of the local government— (a) a rooster; (b) a goose or gander;