3620GOVERNMENT GAZETTE, WA 8 October 2020

3620 GOVERNMENT GAZETTE, WA 8 October 2020 (c) a turkey; (d) a peacock or peahen; and (e) a gamebird (includes emus and ostriches). (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 birds under this (3) An Authorised Officer may rescind approval for the keeping of birds under this clause if they cause a nuisance. 5.25 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. 5.26 Removal of nonconforming structures or enclosures If a structure or enclosure is used for the keeping of poultry or pigeons contrary to the provisions of clauses 5.23 or 5.25, as applicable, an Authorised Officer may direct the owner or occupier to amend it or remove it. 5.27 Restrictions on pigeon nesting or perching An Authorised Officer may order an owner or occupier of a house or other structure in or on which pigeons are, or are in the habit of, nesting or perching so as to create a health nuisance to take adequate steps to prevent them continuing to do so. 5.28 Restrictions on feeding wild birds (1) A person shall not feed a pigeon, dove, seagull, ibis, raven or other wild bird— (a) so as to cause a nuisance or be injurious or dangerous to health; or (b) with a food or substance that is not a natural food of a bird. (2) Where an authorised officer forms the opinion that a person has not complied with subclause (1) the authorised officer may serve the person a notice requiring the person to clean up and properly dispose of any feed or waste products specified in the notice. Division 5—Feedlots 5.29 Interpretation feedlot means a confined area with watering and feeding facilities where animals are held and fed for the purpose of weight gain; animal includes cattle, sheep, goats, deer and the like; and sensitive land use means land use sensitive to emissions from industry and infrastructure, and includes land uses of residential developments, hospitals, hotels, motels, hostels, caravan parks, schools, nursing homes, child care facilities, shopping centres, playgrounds, public buildings, commercial and industrial land uses which require a high level of amenity or are sensitive to particular emissions. 5.30 Premises to be approved (1) No premises shall be used as a feedlot unless approved by the local government . (2) Notwithstanding subclause (1), cattle feedlots with more than 500 animals are to be licensed under Schedule 1 (Category 1) of the Environmental Protection Regulations 1987 being premises— (a) situated less than 100 metres from a watercourse; and (b) on which the number of cattle per hectare exceeds 50; or (c) registered under Schedule 1, Part 2 (Category 68) for premises— (i) situated 100 metres or more from a watercourse; and (ii) on which the number of cattle per hectare exceeds 50. (3) Feedlots are to be sited so that every portion of the feedlot is— (a) greater than 50 metres from neighbouring rural property boundaries; (b) greater than 100 metres from any public road or recreation area; (c) greater than 300 metres from any major water courses, lakes, wetlands; (d) greater than 300 metres from any bore, well or soak well used for drinking, stock or irrigation; (e) greater than 1000 metres from any sensitive land use; and (f) greater than 5000 metres from any townsite.