2932GOVERNMENT GAZETTE, WA 25 August 2023

2932 GOVERNMENT GAZETTE, WA 25 August 2023 (g) anything that is buried and may attract or be a breeding place for flies is covered with at least 300 millimetres of soil and compacted; and (h) excrement from pets is collected and properly disposed of without delay. 6.4 Officer may Give Notice Directing Measures to be Taken Where in the opinion of an Environmental Health Officer flies are prevalent or are breeding on any premises, the Officer may give to the owner or occupier of the premises notice in writing directing him or her to take, within the time specified in the notice, such measures as in the opinion of the Officer are necessary to— (a) control the prevalence; (b) effect the eradication; or (c) effectively prevent the breeding of flies. 6.5 Local Government may Execute Work and Recover Costs (1) Where— (a) a person is required under this Division or directed by a notice given under section 6.4, to execute any work; and (b) that person fails or neglects to comply with the requirement, the local government may execute the work and may recover from that person the cost of executing the work, in addition to any penalty for which that person may be liable under these Local Laws. (2) The costs and expenses incurred by the local government in the execution of a power under subsection (1) may be recovered in a court of competent jurisdiction from the person referred to in subsection (1). (3) The Local government is not liable to pay compensation or damages of any kind to the person referred to in subsection (l) in relation to any action taken by the local government under this section, other than compensation or damages for loss or damage suffered because the local government acted negligently, or in breach of duty. Division 2—Mosquitoes 6.6 Interpretation “mosquitoes” means any of the two-winged insects constituting the family Diptera Culicidae commonly known as mosquitoes. 6.7 Premises to be Kept Free of Mosquito Breeding Matter An owner or occupier of premises shall keep the premises free of - (a) refuse; and (b) water located so as to be, liable to become the breeding place of mosquitoes. 6.8 Measures to be Taken by an Owner or Occupier An owner or occupier of premises— (a) where there is a fountain, pool, pond or excavation of any kind which contains water suitable for the breeding of mosquitoes, shall keep the water— (i) stocked with mosquito predatory fish; or (ii) covered with a film of petroleum oil or other larvicide; and (b) where there is a water tank, well, cistern, vat or barrel, shall - (i) keep it protected with a mosquito-proof cover; and (ii) screen all openings, other than the delivery exit, with wire mesh having openings no larger than 1.2 millimetres. 6.9 Measures to be Taken by Occupier An occupier of premises where water is kept in a horse trough, poultry drinking vessel or other receptacle shall— (a) frequently change the water; and (b) keep the water clean and free from vegetable matter and slime. 6.10 Removal of Undergrowth or Vegetation (1) Where it appears to the Principal Environmental Health Officer that there is, on any premises, undergrowth or vegetation likely to harbour mosquitoes, he or she may direct, orally or in writing, the owner or occupier of the premises to cut down and remove within a specified time the undergrowth or vegetation. (2) An owner or occupier of premises shall comply with a direction from, and within the time allowed by, the Principal Environmental Health Officer under this section.