City of Canning Dog Local Law 2021 (Western Australia)

The City of Canning Dog Local Law 2021 is a subordinate instrument made under the Dog Act 1976 and the Local Government Act 1995, gazetted on 26 March 2021 and commencing 14 days after that date. It was resolved by the City of Canning Council on 16 March 2021 and signed by Mayor Patrick Hall and CEO Athanasios Kyron on 19 March 2021.

Mechanically, the local law does five things. First, it repeals Part VI of the City of Canning Consolidated Local Laws published on 31 March 2000, replacing older dog provisions with a modern, standalone instrument (clause 1.4). Second, it imposes a duty on every occupier of premises where a dog is kept to confine that dog by fencing meeting specific construction standards (clause 2.1). Third, it caps the number of dogs that may be kept at any residential or commercial premises at two dogs over three months of age, plus any pups under that age (clause 2.2). Fourth, it creates a licensing scheme for approved kennel establishments involving applications, neighbour notification, planning approval, conditions, fees, renewal, variation, cancellation and transfer (Part 3). Fifth, it creates an offence for failing to remove dog excreta immediately from thoroughfares, dog exercise areas, other public places, and private land without the occupier's consent (clause 4.1), backed by a $1,000 penalty and a $100 modified penalty via infringement notice.

The enforcement architecture (Part 5) layers two tracks: conviction-based prosecution up to $5,000 plus $500 per continuing day, and an infringement notice pathway allowing modified penalties to be paid without admission of guilt. Only two offences appear in Schedule 1 as prescribed (infringement-eligible) offences: failing to confine a dog ($250 modified penalty) and the dog-excrement offence ($100 modified penalty).

The law applies across the entire district of the City of Canning. It expressly carves out dangerous dogs from the confinement requirements in clause 2.1, leaving that class to the Dog Act 1976 and the Dog Regulations 2013 directly.

1247 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, FRIDAY, 26 MARCH 2021 No. 56 SPECIAL PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT CITY OF CANNING

DOG ACT 1976 LOCAL GOVERNMENT ACT 1995 DOG LOCAL LAW 2021 ——————————— LOCAL GOVERNMENT ACT 1995 PARKING AMENDMENT LOCAL LAW 2021

26 March 2021 GOVERNMENT GAZETTE, WA 1249 DOG ACT 1976 LOCAL GOVERNMENT ACT 1995 CITY OF CANNING DOG LOCAL LAW 2021 TABLE OF CONTENTS PART 1—PRELIMINARY 1.1 Title 1.2 Commencement 1.3 Application 1.4 Repeal 1.5 Terms used PART 2—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS 2.1 Dogs to be confined 2.2 Limitation on the number of dogs PART 3—APPROVED KENNEL ESTABLISHMENTS 3.1 Terms used 3.2 Application for licence for approved kennel establishment 3.3 Notice of proposed use 3.4 Exemption from notice requirements 3.5 When application can be determined 3.6 Determining an application 3.7 Where an application cannot be granted 3.8 Decision on an application 3.9 Compliance with conditions of a licence 3.10 Fees 3.11 Period of a licence 3.12 Variation or cancellation of a licence 3.13 Transfer of a licence 3.14 Notification 3.15 Inspection of kennel PART 4—MISCELLANEOUS 4.1 Offence to excrete PART 5—ENFORCEMENT 5.1 Interpretation 5.2 Offences 5.3 Prescribed offences 5.4 Issue of infringement notice 5.5 Failure to pay modified penalty 5.6 Payment of modified penalty 5.7 Withdrawal of infringement notice SCHEDULE 1—PRESCRIBED OFFENCES

26 March 2021 GOVERNMENT GAZETTE, WA 1251 DOG ACT 1976 LOCAL GOVERNMENT ACT 1995 CITY OF CANNING DOG LOCAL LAW 2021 Under the powers conferred by the Dog Act 1976, the Local Government Act 1995 and under all other powers enabling it, the Council of the City of Canning resolved on 16 March 2021 to make the following local law. PART 1—PRELIMINARY 1.1 Title This is the City of Canning Dog Local Law 2021. 1.2 Commencement This local law comes into operation 14 days after the day on which it is published in the Government Gazette. 1.3 Application This local law applies throughout the district. 1.4 Repeal Part VI of the City of Canning Consolidated Local Laws published in the Government Gazette on 31 March 2000, is repealed. 1.5 Terms used (1) In this local law, unless the context otherwise requires— Act means the Dog Act 1976; authorised person means a person appointed by the local government under section 29(1) of the Act, or appointed under section 9.10 of the Local Government Act 1995, to perform any of the functions of an authorised person under this local law; CEO means the Chief Executive Officer of the local government; dangerous dog has the meaning in section 3(1) of the Act; district means the district of the local government; local government means the City of Canning; local planning scheme means a local planning scheme made by the local government under the Planning and Development Act 2005; Regulations means the Dog Regulations 2013; Schedule means a schedule to this local law; and thoroughfare has the meaning in section 1.4 of the Local Government Act 1995. (2) A term that is used in this local law and is not defined in subclause (1) has the meaning in the Act or, if not defined in the Act, the meaning in the Local Government Act 1995. PART 2—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS 2.1 Dogs to be confined (1) This clause does not apply to the confinement of a dangerous dog (which is dealt with in the Act and Regulations). (2) An occupier of premises on which a dog is kept must ensure— (a) that each portion of the premises on which the dog is kept is fenced in a manner capable of confining the dog; (b) that the fence used to confine the dog and each gate or door in the fence is of a type, height and construction which, having regard to the breed, age, size and physical condition of the dog, is capable of preventing the dog at all times from passing over, under or through it;

1252 GOVERNMENT GAZETTE, WA 26 March 2021 (c) that every gate or door in the fence is kept closed at all times when the dog is on the premises (unless the gate is temporarily opened in a manner that ensures that the dog remains confined) and is fitted with a proper latch or other means of fastening it; (d) that the fence, and each gate or door in the fence, is maintained in good order and condition; (e) that the fence is erected and maintained in accordance with the provisions of the City of Canning Fencing Local Law 2021; and (f) where no part of the premises consists of open space, yard or garden or there is no open space or garden or yard of which the occupier has exclusive use or occupation—that other means exist on the premises (other than the tethering of the dog) for effectively confining the dog within the premises. (3) An occupier who fails to comply with subclause (2) commits an offence. 2.2 Limitation on the number of dogs (1) This clause does not apply to premises which have been— (a) licensed under Part 3 as an approved kennel establishment; (b) granted an exemption under section 26(3) of the Act; or (c) established as a veterinary hospital or a veterinary clinic. (2) For the purpose of section 26(4) of the Act, the limit on the number of dogs which may be kept in or at any premises is, 2 dogs over the age of 3 months and the young of those dogs under that age. PART 3—APPROVED KENNEL ESTABLISHMENTS 3.1 Terms used In this Part, unless the context otherwise requires— licence means a licence to keep an approved kennel establishment on premises; licensee means the holder of a licence; premises, in addition to the meaning given to it in section 3 of the Act, means the premises described in the application for a licence; and transferee means a person who applies for the transfer of a licence to her or him under clause 3.13. 3.2 Application for licence for approved kennel establishment An application for a licence must be made in the form approved by the local government and must be lodged with the local government together with— (a) plans and specifications of the kennel establishment, including a site plan; (b) copies of the notices to be given under clause 3.3; (c) written evidence that either the applicant or another person who will have the charge of the dogs will reside on the premises or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare; (d) a written acknowledgement that the applicant has read and agrees to comply with any code of practice relating to the keeping of dogs nominated by the local government; and (e) the fee for the application for a licence referred to in clause 3.10(1). 3.3 Notice of proposed use (1) An applicant for a licence must give notice of the proposed use of the premises as an approved kennel establishment after the application for a licence has been lodged— (a) once in a newspaper circulating in the district; and (b) to the owners and occupiers of any premises adjoining the premises. (2) The notices in subclause (1) must specify that— (a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days of the date the notice is given; and (b) the application and plans and specifications may be inspected at the offices of the local government. (3) Where— (a) each notice given under subclause (1) does not clearly identify the premises; or (b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in the opinion of the local government, would fail to serve the purpose of notifying persons of the proposed use of the premises, the local government may refuse to determine the application for a licence until each notice is given in accordance with its directions. 3.4 Exemption from notice requirements The requirements of clauses 3.2(b), 3.3 and 3.5(c) do not apply in respect of the application for a licence if the application is made in respect of premises on which an approved kennel establishment is either— (a) a permitted use under a planning scheme; or (b) a use which, under a planning scheme, the local government may approve subject to compliance with specified notice requirements.

26 March 2021 GOVERNMENT GAZETTE, WA 1253 3.5 When application can be determined An application for a licence is not to be determined by the local government until— (a) planning approval (if required) has been given by the local government; (b) the applicant has complied with clause 3.2; (c) unless clause 3.4 applies— (i) the applicant submits proof that the notices referred to in clause 3.3(1) have been given in accordance with that clause; and (ii) the local government has considered any written submissions received within the time specified in clause 3.3(2)(a) on the proposed use of the premises. 3.6 Determining an application In determining an application for a licence, the local government is to have regard to— (a) the matters referred to in clause 3.7; (b) any written submissions received within the time specified in clause 3.3(2)(a) on the proposed use of the premises; (c) any economic or social benefits which may be derived by any person in the district if the application for a licence is approved; (d) the effect which the approved kennel establishment may have on the environment or amenity of the neighbourhood; (e) whether the approved kennel establishment will create a nuisance for the owners and occupiers of adjoining premises; (f) whether or not the imposition of and compliance with appropriate conditions of a licence will mitigate any adverse effects of the approved kennel establishment identified in the preceding paragraphs; and (g) any other matters that the local government considers to be relevant in the circumstances of the application. 3.7 Where an application cannot be granted The local government cannot grant an application for a licence where— (a) an approved kennel establishment cannot be permitted by the local government on the premises under a local planning scheme unless prior valid planning approval has been issued by the local government and the application for a licence is consistent with that approval; or (b) an applicant for a licence or another person who will have the charge of the dogs will not reside on the premises or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare. 3.8 Decision on an application (1) The local government may, in respect of an application for a licence— (a) grant the application, unconditionally or subject to any conditions that it considers appropriate; or (b) refuse to grant the application. (2) If the local government grants the application subject to conditions, those conditions may relate to matters such as— (a) the location, number, type, form or construction, of a kennel or yard; (b) the maintenance, in good order and in a clean and sanitary condition, of the kennel establishment; (c) the type and construction of any fencing used to confine dogs; (d) the maintenance, cleaning and sanitising of drinking and eating vessels; (e) the appropriate disposal of all refuse, faeces and food waste; (f) the effective control of odours, fleas and flies; and (g) the provision of suitable water available at the kennel establishment. (3) If the local government grants the application, it is to issue a licence to the applicant in the form determined by the CEO. (4) If the local government refuses to grant the application, it must advise the applicant in writing of its decision. 3.9 Compliance with conditions of a licence A licensee who does not comply with the conditions of a licence is subject to the penalties under the Act and Regulations. 3.10 Fees (1) On lodging an application for a licence, the applicant must pay a fee to the local government. (2) On the issue or renewal of a licence, the licensee must pay a fee to the local government. (3) On lodging an application for the transfer of a valid licence, the transferee must pay a fee to the local government. (4) The fees referred to in subclauses (1) to (3) are to be determined by the local government under sections 6.15 to 6.19 of the Local Government Act 1995.

1254 GOVERNMENT GAZETTE, WA 26 March 2021 3.11 Period of a licence (1) A licence has effect for the period set out in section 27(5) of the Act. (2) A licence is to be renewed if the fee referred to in clause 3.10(2) is paid to the local government prior to the expiry of the licence. (3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have effect. 3.12 Variation or cancellation of a licence (1) The local government may, at any time, vary the conditions of a licence by giving written notice to the licensee and specifying the date on which the varied conditions are to become effective. (2) The local government may cancel a licence— (a) on the request of the licensee; or (b) if the local government is dissatisfied with the conduct of the establishment, such as, if the licensee breaches the Act, the Regulations or this local law. (3) The date a licence is cancelled is to be, in the case of— (a) paragraph (a) of subclause (2), the date requested by the licensee; or (b) paragraph (b) of subclause (2), the date determined under section 27(6) of the Act. (4) If a licence is cancelled the fee paid for that licence is not refundable for the term of the licence that has not yet expired. 3.13 Transfer of a licence (1) An application for the transfer of a valid licence from the licensee to another person (transferee) must be— (a) made in the form determined by the local government; (b) made by the transferee; (c) made with the written consent of the licensee; and (d) lodged with the local government together with— (i) written evidence that either the transferee or another person who will have charge of the dogs will reside on the premises or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare; and (ii) the fee for the application for the transfer of a licence referred to in clause 3.10(3). (2) The local government is not to determine an application for the transfer of a valid licence until the transferee has complied with subclause (1). (3) The local government may, in respect of an application for the transfer of a valid licence- (a) grant the application, whether or not subject to any conditions that it considers appropriate; or (b) refuse to grant the application. (4) Where the local government grants an application for the transfer of a valid licence, then on the date of the grant, unless otherwise specified in the notice issued under clause 3.14(b), the transferee becomes the licensee of the licence for the purposes of this local law. 3.14 Notification The local government is to give written notice to— (a) an applicant for a licence of the local government’s decision on her or his application; (b) a transferee of the local government’s decision on her or his application for the transfer of a valid licence; (c) a licensee of any variation made under clause 3.12(1); (d) a licensee when her or his licence is due for renewal and the manner in which it may be renewed; (e) a licensee when her or his licence is renewed; (f) a licensee of the cancellation of a licence under clause 3.12(2)(a); and (g) a licensee of the cancellation of a licence under paragraph (b) of clause 3.12(2), which notice is to be given in accordance with section 27(6) of the Act. 3.15 Inspection of kennel With the consent of the occupier, an authorised person may inspect an approved kennel establishment at any time. PART 4—MISCELLANEOUS 4.1 Offence to excrete (1) A dog must not excrete on— (a) any thoroughfare, any dog exercise area or other public place; or (b) any land which is not a public place without the consent of the occupier.

26 March 2021 GOVERNMENT GAZETTE, WA 1255 (2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the control of the dog at that time commits an offence. (3) The person liable for the control of the dog does not commit an offence against subclause (2) if the excreta is removed immediately by that person. (4) Notwithstanding clause 5.2, the penalty for an offence under this clause is $1000. PART 5—ENFORCEMENT 5.1 Interpretation In this Part— infringement notice means the notice referred to in clause 5.4; and notice of withdrawal means the notice referred to in clause 5.7(1). 5.2 Offences (1) A person who fails to do anything required to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. (2) A person who commits an offence under this local law is liable on conviction to a penalty not exceeding $5,000 and, if the offence is of a continuing nature, to a further penalty not exceeding a fine of $500 in respect of each day or part of a day during which the offence has continued. 5.3 Prescribed offences (1) The offences contained in Schedule 1 are offences in relation to which a modified penalty may be imposed. (2) The amount appearing in the final column of Schedule 1 directly opposite a clause specified in that Schedule is the modified penalty for an offence against that clause. 5.4 Issue of infringement notice An authorised person who has reason to believe that a person has committed an offence in respect of which a modified penalty may be imposed, may issue to that person a notice in the form of Form 8 in Schedule 1 to the Regulations. 5.5 Failure to pay modified penalty A person who has received an infringement notice and who fails to pay the modified penalty within the time specified in the notice, or within such further time as may in any particular case be allowed by the CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified penalty. 5.6 Payment of modified penalty A person who has received an infringement notice may, within the time specified in that notice or within such further time as may in any particular case be allowed by the CEO, send or deliver to the local government the amount of the penalty, with or without a reply as to the circumstances giving rise to the offence, and the local government may appropriate that amount in satisfaction of the penalty and issue an acknowledgment. 5.7 Withdrawal of infringement notice (1) Whether or not the modified penalty has been paid, an authorised person may withdraw an infringement notice by sending a notice in the form of Form 9 in Schedule 1 to the Regulations. (2) A person authorised to issue an infringement notice under clause 5.4 cannot sign or send a notice of withdrawal. ———— SCHEDULE 1—PRESCRIBED OFFENCES [Clause 5.3] Item No. Clause No. Nature of Offence Modified Penalty 1 2.1(2) Failing to provide means for effectively confining a dog $250 2 4.1(2) Dog excreting in prohibited place $100 ———— Dated this 19th of March 2021. The Common Seal of the City of Canning was affixed by authority of a resolution of the Council in the presence of— PATRICK HALL, Mayor. ATHANASIOS KYRON, Chief Executive Officer. ———————————

26 March 2021 GOVERNMENT GAZETTE, WA 1257 LOCAL GOVERNMENT ACT 1995 CITY OF CANNING PARKING AMENDMENT LOCAL LAW 2021 Under the powers conferred by the Local Government Act 1995, and all other powers enabling it, the Council of the City of Canning resolved on 16 March 2021 to make the following local law.

Citation This local law is cited as the City of Canning Parking Amendment Local Law 2021.
Commencement This local law comes into operation 14 days after its publication in the Government Gazette.
Principal local law This local law amends the City of Canning Parking Local Law 2010, published in the Government Gazette on 17 December 2010.
Clause 1.5 amended In clause 1.5— (a) delete the definition of “ACROD sticker”; (b) in the appropriate alphabetical position, insert— “disability parking permit” has the meaning given in the Local Government (Parking for People with Disabilities) Regulations 2014; and (c) in the definition of “sign”, add the words ‘yellow or white line,’ after ‘mark,’.
Clause 5.9(3) replaced Clause 5.9(3) is replaced with— (3) A driver may park a vehicle in a parking bay (except in a parking area for people with disabilities) for twice the length of time allowed, provided that— (a) the driver’s vehicle displays a disability parking permit; and (b) a person with disabilities to which that disability parking permit relates is either the driver of or a passenger in the vehicle.
Clause 6.2(1) replaced Clause 6.2(1) is replaced with— (1) This clause applies to a driver if— (a) the driver’s vehicle displays a disability parking permit; and (b) a person with a disability is either the driver or a passenger in the vehicle.
Clause 6.11(1) amended In clause 6.11(1) replace ‘form’ with ‘from’.
Clause 9.2(3) replaced Clause 9.2(3) is replaced with— (3) Any person who commits an offence under this local law shall be liable, upon conviction, to a penalty not less than $500 and not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued.
Schedule 2 amended In the fourth column of the table in Schedule 2— (a) replace all instances of ‘60’ with ‘100’ and (b) replace all instances of ‘80’ with ‘120’.

1258 GOVERNMENT GAZETTE, WA 26 March 2021 10. Schedule 3 amended In Forms 1, 2 and 3 of Schedule 3, replace ‘Local Government (Parking for Disabled Persons) Regulations 1988’ with ‘Local Government (Parking for People with Disabilities) Regulations 2014’. ———— Dated this 19th of March 2021. The Common Seal of the City of Canning was affixed by authority of a resolution of the Council in the presence of— PATRICK HALL, Mayor. ATHANASIOS KYRON, Chief Executive Officer. ———————————

DOG ACT 1976 LOCAL GOVERNMENT ACT 1995 DOG LOCAL LAW 2021 ——————————— LOCAL GOVERNMENT ACT 1995 PARKING AMENDMENT LOCAL LAW 2021

Several defined and implicit concepts structure the entire instrument.

"Authorised person" (clause 1.5(1)) means a person appointed either under section 29(1) of the Dog Act 1976 or under section 9.10 of the Local Government Act 1995. This dual appointment path means rangers and other designated officers can exercise enforcement powers. An authorised person can inspect approved kennel establishments (with occupier consent, clause 3.15) and issue infringement notices (clause 5.4), but cannot sign or send a withdrawal of a notice they issued (clause 5.7(2)), maintaining a separation between the issuing and withdrawing functions.

"Dangerous dog" carries the meaning in section 3(1) of the Dog Act 1976 and is deliberately excluded from clause 2.1's confinement requirements, because the Act and Regulations impose their own, more stringent confinement standards for that category. This exclusion is not a gap; it is an intentional hierarchy that avoids duplicating or potentially softening the state-level regime.

"Approved kennel establishment" and "licence" are defined within Part 3 itself (clause 3.1). A licence authorises keeping a kennel establishment on specified premises. The premises are defined by the application itself, so the licence is tied to a site, not to a person in isolation.

"Thoroughfare" takes its meaning from section 1.4 of the Local Government Act 1995, which encompasses roads, footpaths and other public passages. Dog exercise areas and other public places are also caught by the excrement offence in clause 4.1(1)(a).

"Occupier" is not separately defined in the local law, meaning it picks up either the Dog Act 1976 or Local Government Act 1995 definition by operation of clause 1.5(2). In practice this means a person in actual occupation, not merely an owner, bears the confinement and limitation duties.

The dog number limit of two (clause 2.2(2)) is expressed as a limit for the purposes of section 26(4) of the Dog Act 1976, showing that state law grants local governments the power to set this number. The local law exercises that power to fix two as the local ceiling, subject to three exemptions: licensed kennel establishments, premises granted an exemption under section 26(3) of the Act, and veterinary hospitals and clinics (clause 2.2(1)).

The law reaches four main groups.

Residential occupiers across the City of Canning district are the primary subjects. Every household keeping any dog must maintain fencing capable of confining that specific dog, having regard to the dog's breed, age, size and physical condition (clause 2.1(2)(b)). This is a performance standard rather than a prescriptive measurement, which gives enforcement officers discretion but also creates uncertainty for occupiers who must guess what height and construction is "capable" for their particular animal. Additionally, no household (unless exempted) may keep more than two dogs over three months old.

Kennel operators and prospective kennel operators face the most complex obligations. They must navigate a multi-step process: prepare plans and specifications, arrange residency of a responsible person on or near the premises, provide a written acknowledgement of compliance with any nominated code of practice, publish notice in a local newspaper, notify adjoining owners and occupiers, await planning approval where required, pay application and licence fees, and then comply with whatever conditions attach to the licence. After approval, their licence is subject to ongoing inspection (with consent), variation at any time on written notice, and cancellation for breach without refund of the unexpired fee.

Dog walkers and any other persons who have control of a dog in a public place face the excrement obligation. The liability is imposed on "every person liable for the control of the dog at that time" (clause 4.1(2)), not only the registered owner. A person with temporary control, including a professional dog walker or a friend walking the dog, is therefore fully liable. The only defence is immediate removal of the excreta (clause 4.1(3)).

Local government officers, particularly authorised persons, have powers and constraints set by the law. They may inspect kennels only with occupier consent (no general right of entry), they may issue infringement notices but cannot then withdraw those same notices, and they operate under the CEO's discretion to extend payment periods for modified penalties.

The primary duty on occupiers is to confine dogs. Clause 2.1(2) sets out six elements: fencing capable of confinement, fence type, height and construction appropriate to the dog's characteristics, gates and doors kept closed at all times unless temporarily opened in a way that maintains confinement, all components maintained in good order, fencing erected in accordance with the City of Canning Fencing Local Law 2021, and, where no outdoor space is exclusively available, provision of other means of confinement (other than tethering). Failure on any one element constitutes an offence under clause 2.1(3).

The reference to the Fencing Local Law 2021 cross-links compliance obligations. An occupier who has a fence that complies with the Fencing Local Law may still breach clause 2.1(2)(b) if that fence cannot contain their particular dog, because the dog-specific standard is additional.

The prohibition on tethering as the sole means of confinement (clause 2.1(2)(f)) applies only in the specific circumstance where the occupier has no exclusive outdoor space. In other circumstances, tethering is not addressed by this local law, though it may be subject to welfare obligations under the Animal Welfare Act 2002.

Kennel applicants have a right to have their application determined only after the full procedural steps are complete (clause 3.5), which is a protection as well as a constraint: the local government cannot rush to reject before receiving submissions. The local government must advise an applicant in writing of a refusal (clause 3.8(4)). There is no express right of review or appeal within the local law itself; any such right would arise from the Dog Act 1976, Local Government Act 1995, or general administrative law.

Licensees have a right to written notice of any variation of conditions, including the date on which varied conditions take effect (clause 3.12(1)). They receive notification of renewal due dates, and on renewal all conditions at the time of renewal continue (clause 3.11(3)). On cancellation for cause, the process follows section 27(6) of the Dog Act 1976. Cancellation fees are non-refundable for the unexpired term (clause 3.12(4)), which is a significant financial consequence that licensees must factor into compliance decisions.

Persons who receive infringement notices may pay within the stated period or any CEO-extended time (clause 5.6), and may include written submissions about the circumstances. Payment satisfies the penalty and avoids prosecution. Alternatively, non-payment is treated as declining the modified penalty pathway, triggering the possibility of prosecution under clause 5.2 where the maximum rises to $5,000.

The local law operates a two-tier penalty structure.

The general offence provision (clause 5.2) applies to any failure to do what is required or any prohibited act under the local law. On conviction the maximum is $5,000. For continuing offences (such as a fence left in disrepair over multiple days) an additional $500 per day or part-day applies. This continuing-offence mechanism creates significant exposure for persistent non-compliance.

The excrement offence in clause 4.1 is set apart from clause 5.2 by the phrase "notwithstanding clause 5.2" in clause 4.1(4): its penalty on conviction is $1,000, not $5,000. This lower maximum reflects the relatively minor and transient nature of the offence compared with structural non-compliance.

Schedule 1 prescribes two modified penalties available via infringement notice: $250 for failing to confine a dog (clause 2.1(2)) and $100 for the excrement offence (clause 4.1(2)). These amounts are considerably lower than the conviction maxima, which is deliberate. The infringement pathway allows quick resolution of minor incidents without court resources, but the modified penalty must be accepted by an authorised person having "reason to believe" an offence was committed. The low excrement modified penalty ($100) compared with the $1,000 conviction maximum means there is a strong incentive for offenders to pay the infringement and move on, which is presumably what the drafters intended.

An authorised person who issues a notice cannot withdraw it: withdrawal must be done by a different authorised person (clause 5.7(2)). This prevents an officer from informally retracting a notice they have second thoughts about. Withdrawal is by Form 9 in Schedule 1 to the Dog Regulations 2013.

The inspection power in clause 3.15 is limited to kennel establishments and requires occupier consent. There is no warrant-free entry power in this local law for residential premises generally. Enforcement of the confinement and number limits must therefore rely on observations from public land or consensual access, or on the prosecution-based pathway following a complaint.

The local law is explicitly subsidiary to and dependent on multiple instruments.

The Dog Act 1976 is the primary enabling statute. The local law is made under it and repeatedly refers back to it. Section 26(4) of the Act empowers local governments to set dog number limits; clause 2.2 exercises that power. Section 27(5) sets the licence period for approved kennel establishments; clause 3.11(1) adopts it by reference. Section 27(6) governs the cancellation process for cause; clause 3.12(3)(b) and clause 3.14(g) reference it. Section 29(1) provides the appointment power for authorised persons. The dangerous dog confinement regime in the Act and the Dog Regulations 2013 is preserved intact because clause 2.1(1) expressly excludes dangerous dogs from the local confinement duty.

The Dog Regulations 2013 are incorporated by reference at several points. "Regulations" is a defined term (clause 1.5(1)). Form 8 in Schedule 1 to the Regulations is the required infringement notice form (clause 5.4), and Form 9 is the withdrawal form (clause 5.7(1)). Licence conditions non-compliance triggers penalties "under the Act and Regulations" (clause 3.9). This dependence on regulation-prescribed forms means amendments to the Regulations can affect how enforcement is administered without changing this local law.

The Local Government Act 1995 provides the second head of power for making the local law and governs administrative matters. Sections 6.15 to 6.19 govern how the local government sets fees (clause 3.10(4)), so fee levels are determined by the local government's annual budget and fee-setting process, not fixed in the local law itself. Section 9.10 provides an alternative appointment path for authorised persons. The definition of "thoroughfare" in section 1.4 of that Act applies directly to the excrement offence.

The Planning and Development Act 2005 intersects with the kennel licensing scheme. A local planning scheme made under that Act can either permit a kennel establishment as of right, or permit it subject to specified notice requirements (clause 3.4). Where planning approval is required, a licence cannot be granted until planning approval is obtained (clause 3.5(a) and clause 3.7(a)). This creates a sequential dependency where planning law must be satisfied before dog law is engaged.

The City of Canning Fencing Local Law 2021 is directly incorporated into the confinement standard (clause 2.1(2)(e)). An occupier must comply with both instruments simultaneously, and compliance with the Fencing Local Law is a necessary but not sufficient condition for satisfying the confinement duty.

The Animal Welfare Act 2002 is not mentioned in this local law, but tethering and welfare conditions may be regulated under that Act independently of this instrument.

The source document records no amendments to the City of Canning Dog Local Law 2021. The instrument was gazetted on 26 March 2021 as a new standalone local law, itself repealing Part VI of the City of Canning Consolidated Local Laws published on 31 March 2000. No subsequent amending local laws appear in the source.

The source document names no cases. No litigation history is recorded in the instrument. The local law is a 2021 instrument and the source material contains no references to court or tribunal decisions interpreting its provisions or those of its predecessor in Part VI of the 2000 Consolidated Local Laws. Any disputes arising under it would most likely be heard in the Magistrates Court of Western Australia under the Dog Act 1976's prosecution framework or via administrative review processes under state law, but no such proceedings are identified in the source.

Several provisions have non-obvious consequences that practitioners and affected persons should note.

The confinement standard is performance-based, not prescriptive. Clause 2.1(2)(b) requires a fence capable of confining the specific dog, "having regard to the breed, age, size and physical condition of the dog." A fence that passes muster for a small elderly terrier may be an offence if the same occupier later keeps a young Malinois. The standard shifts with the animal, not with the fence. Occupiers who change dogs without upgrading fencing may unknowingly commit a continuing offence attracting up to $500 per day on top of the initial $5,000 maximum.

The gate closure requirement in clause 2.1(2)(c) is absolute: every gate or door must be "kept closed at all times when the dog is on the premises" with a limited exception only for temporary opening that maintains confinement. A tradesperson, delivery driver or visiting family member who leaves a gate open even briefly while the dog is present may put the occupier in breach. The occupier cannot simply argue they did not personally open the gate; the duty is to ensure closure.

The excrement offence (clause 4.1) bites on "every person liable for the control of the dog at that time," not only the owner. Professional dog walkers, pet-sitters and anyone else temporarily holding the lead face the same $1,000 conviction exposure (or $100 modified penalty) as the registered owner. The safe harbour is immediate removal; there is no grace period.

Kennel licence fees are non-refundable on cancellation for the unexpired term (clause 3.12(4)). A licensee who is cancelled for breach loses not only the licence but also the proportionate fee already paid. Combined with the fact that conditions can be varied at any time (clause 3.12(1)), licensees face ongoing uncertainty about compliance costs after the licence is granted.

Withdrawal of an infringement notice is administratively separated from issuance (clause 5.7(2)). An authorised person who issues a notice cannot themselves withdraw it. In a small council with few authorised persons, this separation could create practical delays. Importantly, the clock continues to run on the payment period during any such administrative process, so a person who is told informally that a notice will be withdrawn should not rely on that representation until the formal withdrawal notice is served.

The notification requirement in clause 3.3 requires newspaper publication in addition to direct neighbour notice. If the newspaper notice does not clearly identify the premises or is published in an unsuitable location or size, the local government may decline to determine the application until proper notice is given (clause 3.3(3)). Applicants bear the cost and burden of this publication and should confirm the local government's requirements before placing any advertisement.

The licence transfer mechanism (clause 3.13) requires the transferee to demonstrate that a person will reside on or sufficiently near the premises. A purely commercial or remote operator cannot hold a kennel licence. This residency requirement applies to initial applications and transfers alike, and the "sufficiently close" standard is assessed "in the opinion of the local government," giving broad discretion that could vary between decision-makers.

For residential occupiers keeping one or two dogs, the practical compliance steps are: audit existing fencing against the specific dog's breed, age, size and physical condition; ensure every gate and door has a functioning latch and is kept closed while the dog is present; maintain fencing in good order; and ensure the fence construction also satisfies the City of Canning Fencing Local Law 2021. If there is no exclusively available outdoor space, arrange an alternative confinement method other than tethering. Keep the dog count to a maximum of two animals over three months of age.

For dog handlers in public: carry bags and clean up dog excreta immediately. Do not rely on the low modified penalty as a licence to delay. The $100 infringement notice is the minimum exposure; if challenged or if an authorised person considers prosecution more appropriate, the exposure rises to $1,000.

For kennel operators and applicants: begin by confirming whether a kennel establishment is a permitted use or a conditionally-permitted use under the City of Canning local planning scheme. If planning approval is required, obtain it before lodging the kennel licence application, since the local government cannot grant the licence until that approval is in place. Prepare a full site plan and specifications. Arrange proof of residency on or near the premises. Publish newspaper notice and serve neighbour notice only after lodging the application, and retain evidence of both. Allow at least 14 days for the submission period to expire before expecting a determination. Review and acknowledge any code of practice nominated by the local government. Pay the application fee on lodgement. Once licensed, treat every condition as mandatory because non-compliance triggers penalties under the Act and Regulations, and the local government may cancel the licence and retain the unexpired fee. If intending to transfer the licence, engage the prospective transferee early and ensure they can satisfy the residency requirement; the transfer requires written consent of the existing licensee, a separate application, and a further transfer fee.

For anyone wishing to keep more than two dogs without a kennel licence, the only lawful paths are: obtain an approved kennel establishment licence under Part 3; hold an exemption granted under section 26(3) of the Dog Act 1976; or operate a veterinary hospital or clinic. There is no provision in this local law for any other discretionary increase in the residential limit.

City of Canning Dog Local Law 2021

Plain English Summary

Deep Dive

What it does

Current sections

City of Canning Dog Local Law 2021

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply