CITY OF KWINANA
———————————
ANIMAL, ENVIRONMENT AND
AMENITY LOCAL LAW 2024
14 October 2024 GOVERNMENT GAZETTE, WA 2477
LOCAL GOVERNMENT ACT 1995
CITY OF KWINANA
ANIMAL, ENVIRONMENT AND AMENITY LOCAL LAW 2024
CONTENTS
PART 1—PRELIMINARY
1.1 Citation
1.2 Commencement
1.3 Repeal
1.4 Application
1.5 Definitions
PART 2—KEEPING OF ANIMALS
Division 1– Keeping of animals
2.1 Cleanliness
2.2 Disposal of dead animals
Division 2—Keeping of farm animals
2.3 Keeping of farm animals
2.4 Keeping of pigs
2.5 Conditions for keeping farm animals
2.6 Requirements for farm animal shelters
2.7 Slaughter of farm animals
Division 3—Keeping of horses
2.8 Keeping of horses
2.9 Requirements for construction of stable, stable shelter, paddock, yards, training/walking rings
and associated buildings or facilities
2.10 Maintenance
2.11 Waste and manure management
Division 4—Keeping of poultry, pigeons and birds
2.12 Keeping of poultry and pigeons
2.13 Requirements for keeping of poultry
2.14 Requirement for keeping of pigeons
2.15 Roosters, geese, turkeys and peafowl
2.16 Requirements for keeping of aviary birds
2.17 Nuisance caused by birds or poultry
2.18 Restrictions on feeding of uncaged birds
2.19 Restrictions on pigeons nesting or perching
2.20 Application for approval for keeping of poultry or pigeons contrary to clause 2.12(1)(a) and
2.12(1)(b)
Division 5—Keeping of bees
2.21 Keeping of bees
2.22 Requirements for keeping of bees
2.23 Nuisance caused by bees
2.24 Application for approval for keeping of more than two bee hives
Division 6—Previous approvals
2.25 Previous approvals by local government
PART 3—VERMIN CONTROL
Division 1—Mosquitoes
3.1 Mosquito control
Division 2—Rodents
3.2 Measures to be taken to eradicate rodents
Division 3—Cockroaches
3.3 Measures to be taken to eradicate cockroaches
PART 4—NUISANCES
Division 1—Amusements
4.1 Operation of amusements
2478 GOVERNMENT GAZETTE, WA 14 October 2024Division 2—Light
4.2 Emission or reflection of light
4.3 Use of exterior lighting
4.4 Notice
Division 3—Smoke, fumes, odours, and other emissions
4.5 Burning rubbish, refuse or other material
4.6 Escape of smoke, fumes, odours, and other emissions
PART 5—UNSIGHTLY LAND AND DISUSED MATERIALS
5.1 Removal of refuse and disused materials
5.2 Removal of unsightly overgrowth of vegetation
5.3 Fencing unsightly land
5.4 Storage of vehicles and machinery
PART 6—STORMWATER AND WASTEWATER MANAGEMENT
6.1 Containment of stormwater, rainwater, and wastewater
6.2 Containment and disposal of swimming pool and other wastewater
PART 7—HAZARDOUS MATERIALS
7.1 Hazardous plants and trees
7.2 Cyclonic activities or severe weather conditions
PART 8—BUILDING, DEVELOPMENT AND LAND CARE
Division 1—Litter and refuse on building sites, development sites and demolition sites
8.1 Provision of refuse and recycling receptacles
8.2 Requirements to control refuse and recycling waste
Division 2—Prevention of dust and liquid waste
8.3 Containment of dust and liquid waste
PART 9—OBJECTIONS AND APPEALS
9.1 Objections and appeals
PART 10—ENFORCEMENT
Division 1—Notices given under this local law
10.1 Notice of Breach
Division 2—Offences and penalties
Subdivision 1—General
10.2 Offences and penalties
Subdivision 2—Infringement notices and modified penalties
10.3 Prescribed offences
10.4 Form of infringement notices
SCHEDULE 1—PRESCRIBED OFFENCES
SCHEDULE 2—MATERIALS NOT TO BE SET ON FIRE OR TO BE BURNT
14 October 2024 GOVERNMENT GAZETTE, WA 2479
LOCAL GOVERNMENT ACT 1995
CITY OF KWINANA
ANIMAL, ENVIRONMENT AND AMENITY LOCAL LAW 2024
Under the powers conferred on it by the
Local Government Act 1995 and all other powers enabling it,
the Council of the City of Kwinana resolved on 25 September 2024 to make the following local law.
PART 1—PRELIMINARY
1.1 Citation
This Local Law may be cited as the
City of Kwinana Animal, Environment and Amenity Local Law
2024.
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 Repeal
(1) The
Town of Kwinana By–Law No. 29(B) Relating to the Keeping of Pigeons published in the
Government Gazette on 12 November 1996 is repealed.
(2) The
Town of Kwinana Piggeries By–Laws published in the
Government Gazette on 9 September
1983 is repealed.
(3) The
Town of Kwinana Health (Keeping of Horses and Equine Premises) Local Laws 1997 published
in the
Government Gazette on 11 February 1998 is repealed.
(4) The
Town of Kwinana Urban Environment and Nuisance Local Law 2003 published in the
Government Gazette on 18 July 2003 and amended from time to time is repealed.
(5) The
Town of Kwinana Bee Keeping Local Law 2002 published in the
Government Gazette on 7 May
2002 is repealed.
(6) The following parts of the
Town of Kwinana Health By–Law 1963 published in the
Government
Gazette on 28 February 1964 and amended from time to time, are repealed—
(a) Part I General Sanitary Provisions by-laws 1 to 1B, 2, 4A, 4AB to 4AF, 5 to 35aA, 36 to 68 and
Schedule A;
(b) Part II Infectious Diseases;
(c) Part III Private Hospitals;
(d) Part IV Dairies and Milk Shops;
(e) Part VII Food;
(f) Part VIII Barbers Shops and Hairdressing Establishments; and
(g) Part IX Offensive Trades.
1.4 Application
This local law applies throughout the district.
1.5 Definitions
(1) In this local law unless the context specifies otherwise—
Act means the
Local Government Act 1995;
affiliated person means a person that is a member of a pigeon or poultry association, which is an
incorporated body under the
Associations Incorporation Act 2015;
amusement means entertainment provided by equipment operated for hire or reward which
provides entertainment or amusement through movement of the equipment, or part of the
equipment, or when passengers travel on, around or along the equipment or move the
equipment through self-powered motion;
associated building or facilities includes a feed room, gear room, shoeing area, hosing down
area, lunging yard, rolling yard, veterinary treatment area, and a vehicle and float storage area
used in the keeping, caring or management of horses;
authorisation includes a permit or approval granted under this local law;
authorised person means a person authorised by the CEO of the local government, under section
9.10 of the Act to administer or enforce this local law;
aviary bird means any bird kept or usually kept in an aviary, cage or enclosure other than poultry
or pigeons;
beehive means a movable or fixed structure, container or object which contains a bees nest and in
which bees are kept;
building site means any land for which a building permit issued under
Building Act 2011 is
current and upon which building work has commenced;
2480 GOVERNMENT GAZETTE, WA 14 October 2024
CEO means the Chief Executive Officer of the local government;
Code of Practice means the
Code of Practice for Pigeon Keeping and Racing in Western Australia,
administered by the Department of Primary Industries and Regional Development/Agriculture
and Food, as amended from time to time, in conjunction with the Pigeon Racing Federation WA
Inc. and the Independent Racing Pigeon Federation Inc.;
demolition site means any land for which a demolition permit issued under the
Building Act 2011
is current and upon which the demolition work has commenced;
development has the meaning given to it in the
Planning and Development Act 2005;
development site includes any land for which there is a current development or subdivision
approval, and any land upon which, construction work, earthworks, clearing of scrub, trees or
overgrowth or any other site works are taking or have taken place, whether or not such works
are subject to a development or subdivision approval;
district means the district of the local government;
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;
dwelling means a building or portion of a building being used, adapted or designed, or intended to
be used, for the purpose of human habitation;
Environmental Management Guidelines means the Environmental Management Guidelines
for Horse Facilities and Activities (Water Quality Protection Guideline 13), administered by
the Department of Water and Environmental Regulation, as amended from time to time;
farm animal includes cow, sheep, goat, pig or other hoofed mammal, excluding a horse;
food business has the meaning given to it by the
Food Act 2008;
horse includes any animal of the
Equidae family, including a horse, ass, mule, donkey or pony;
Jandakot UWPCA means the Jandakot Underground Water Pollution Control Area, a gazetted
public drinking water source area under the
Metropolitan Water Supply, Sewerage and
Drainage Act 1909;
land has the meaning given in clause 7 of the
Property Law Act 1969. That definition includes a
building or part of a building;
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;
livestock means a farm animal;
local government means the City of Kwinana;
local planning scheme has the meaning given to it made by the local government under the
Planning and Development Act 2005;
manure receptacle means a receptacle, of sufficient capacity to receive all manure produced in
one week on land upon which a farm animal or farm animals, a horse or horses are kept,
constructed of smooth, durable, impervious materials, fitted with a fly proof, hinged cover and
with no part of the floor lower than the adjoining ground;
mosquito means any of the two-winged insect constituting the family
Diptera Culicidae and
commonly known as mosquito;
nuisance means—
(a) an activity or condition which is harmful or annoying and which gives rise to legal
liability in the tort of public or private nuisance at law;
(b) an unreasonable interference with the use and enjoyment of a person of his or her
ownership or occupation of land; or
(c) interference which causes material damage to land or other property on the land affected
by the interference;
occupier has the same meaning as in the Act;
owner has the same meaning as in the Act;
pigeon includes homing pigeons and other domesticated breeds of the family
Columba, but does
not include native pigeons or doves whether or not the keeping of such birds is subject to the
approval of the Department of Biodiversity, Conservation and Attractions;
poultry includes fowls, roosters, ducks, peafowls, turkeys, geese, guinea fowls, pheasants and
other birds commonly kept for the production of eggs or meat for domestic consumption;
refuse includes bricks, lime, cement, concrete, rubble, stones, iron, timber, tiles, bags, plastics,
ashes, vegetation, wood or metal shavings, sawdust, and waste food, and includes any broken,
used, derelict or discarded matter whatsoever, whether of the same type as, or a different type
from, those mentioned here;
14 October 2024 GOVERNMENT GAZETTE, WA 2481
recycling means—
(a) paper and cardboard;
(b) plastic containers comprised of polyethylene terephthalate or high-density polyethylene;
(c) glass containers;
(d) steel containers;
(e) aluminium containers;
(f) liquid paper board; and
(g) any other waste determined by the local government to be recycling waste;
Regulations means the
Local Government (Functions and General) Regulations 1996;
residential zone includes any land zoned Residential or Special Residential under a local
planning scheme;
rodents means those mammals belonging to the order
Rodentia and includes rats and mice, but
does not include mammals of that species kept as pets in an enclosure designed for the purpose
of keeping pets;
rural zone means any land zoned Rural or Special Rural or otherwise zoned for rural purposes
under a local planning scheme;
sand means granules or particles of rock, earth, clay, loam, silt and any other granular, particulate
or like material, and includes dust and gravel;
slaughter means to kill an animal for food;
stable means any building used for the keeping, breeding, caring, feeding and rearing of horses;
stable shelter in relation to stabling of horses means a three or four walled and fully roofed
structure with or without a concrete floor provided for the substantial protection of horses from
inclement weather that is provided and approved in lieu of a stable;
Stocking Rate Guidelines means the Stocking Rate Guidelines For Rural Small Holdings, Swan
Coastal Plain and Darling Scarp and surrounds, Western Australia Plain and Darling Scarp
and surrounds, Western Australia, administered by the Department of Primary Industries and
Regional Development, as amended from time to time;
stormwater means any naturally occurring water that results from rainfall on or around a site,
or water flowing onto the site;
street means any highway or thoroughfare which the public are entitled to use, and includes every
part of the highway or thoroughfare, including the verge and other things including bridges
and culverts appurtenant to it;
unreasonable noise has the meaning given to it by the
Environmental Protection Act 1986;
vermin includes rats, mice, flies, fleas, mites, lice, cockroaches and any other animal, whether
vertebrate or invertebrate, which is known to be a vector of disease or is likely to cause damage
to human food, habitation or possessions;
water resources includes watercourses, waterways and their estuaries, inlets and floodplains,
wetlands, groundwater, surface water, stormwater and drainage.
(2) Any word or term used in this local law that is not defined in subclause (1) shall have the meaning
given to it in the Act.
(3) Where under this local law the local government is authorised to carry out actions or cause works
to be undertaken as a consequence of the failure of any person to comply with the terms of a notice
or other conduct, the right to enter land is at all times subject to the provisions of Part 3, Division
3, Subdivision 3 of the Act.
(4) Where, in this local law, a duty or liability is imposed on an owner or occupier, or on an owner and
occupier, the duty or liability is taken to be imposed jointly and severally on each of the owners or
occupiers.
PART 2—KEEPING OF ANIMALS
Division 1– Keeping of animals
2.1 Cleanliness
(1) An owner or occupier of land on which an animal is kept shall keep such land—
(a) free from excrement, filth, food waste and all other matter which causes, or is likely to cause a
nuisance, become offensive or injurious to health or to attract vermin; and
(b) so far as possible, free from flies or other vermin, by spraying with a residual insecticide or
other effective means.
(2) When directed by an authorised officer, an owner or occupier of land upon which an animal is kept
shall clean and disinfect any portion of such land.
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2.2 Disposal of dead animals
(1) An owner or occupier of land, other than a veterinary practice, on which there is a dead animal,
must dispose of the dead animal—
(a) as soon as practicable; and
(b) in a manner that does not
(i) create a nuisance;
(ii) become offensive; or
(iii) attract vermin.
(2) A dead animal must not be disposed of within 100 metres of any water resources or within the
Jandakot UWPCA.
Division 2—Keeping of farm animals
2.3 Keeping of farm animals
An owner or occupier of land in a residential zone shall not keep, or permit to be kept, any farm animals
on such land.
2.4 Keeping of pigs
An owner or occupier of land shall not keep any pig—
(a) within a residential zone; or
(b) within the Jandakot UWPCA.
2.5 Conditions for keeping farm animals
The owner or occupier of land upon which farm animals are kept shall ensure—
(a) all farm animals are prevented from approaching within 18 metres of any dwelling, public
building, building used for commercial purposes or food business;
(b) that the land on which the farm animals are enclosed is fenced or walled in a manner capable
of confining such animals and, having regard to the species, age, size and condition of the
animals, capable of preventing the animals from escaping; and
(c) such animals are kept in accordance with the provisions of any local planning scheme
applicable to that zone.
2.6 Requirements for farm animal shelters
The owner or occupier of land on which farm animals are kept shall ensure that any stable, enclosure
or shelter provided for the keeping of farm animals is—
(a) not situated within 18 metres of any dwelling, public building, building used for commercial
purposes or food business; and
(b) maintained in a manner so as to provide adequate shelter, drainage and ventilation.
2.7 Slaughter of farm animals
(1) Subject to subclause (2), a person shall not slaughter any farm animal on any land.
(2) Subclause (1) does not apply to euthanasia of animals by veterinarians, abattoirs, animal food
processing premises, vermin control or any premises approved for slaughtering purposes.
Division 3—Keeping of horses
2.8 Keeping of horses
An owner or occupier of land shall not keep, or permit to be kept, any horse—
(a) on land other than within a rural zone; and
(b) contrary to the provisions of any local planning scheme applicable.
2.9 Requirements for construction of stable, stable shelter, paddock, yards,
training/walking rings and associated buildings or facilities
(1) Any stable or stable shelter shall not be situated within—
(a) 18 metres of any dwelling, building used for commercial purposes or food business on an
adjacent lot;
(b) 9 metres of any dwelling, building used for commercial purposes or food business within the
same lot;
(c) a 30 metre radius of any private bore, well or dam;
(d) 18 metres from the property boundary; and
(e) 9 metres of any street in the case of a corner site.
(2) Any stable or stable shelter situated within the Jandakot UWPCA are to be in accordance with the
requirements of Environmental Management Guidelines.
(3) Any stable or stable shelter shall—
(a) have a separate stall for each horse in accordance with subclause (4);
(b) have each wall and roof constructed of an impervious material;
14 October 2024 GOVERNMENT GAZETTE, WA 2483
(c) have on all sides of the building between the top of the wall and the roof a clear opening of at
least 150 millimetres in height, unless otherwise approved by the local government; and
(d) have walls that are not less than 3 metres in height and in length.
(4) Subject to subclause (5), a stable must have—
(a) a roof that covers the entire floor area of the stall; and
(b) a floor with an upper surface that—
(i) is raised at least 75 millimetres above the surface of the surrounding ground;
(ii) is constructed of cement, concrete or other similar impervious materials;
(iii) has an adequate fall to a drain which shall empty into a trapped gully situated outside
the stable that discharges to sewer or an approved effluent disposal system; and
(iv) has an area of not less than 12 square metres for each stall.
(5) A stable or stable shelter constructed with a sand floor shall be constructed as follows—
(a) the site must be well drained with the highest known water table no closer than 2 metres to
the sand floor level which may be achieved artificially;
(b) the footings to each stable are to be a minimum of 450 millimetres below ground level;
(c) the roof is to be not less than 50% of the floor area; and
(d) in all other respects, the requirements of subclause (3) apply to the stable building.
(6) Any associated building or facility shall not be closer than 9 metres to any dwelling.
(7) Any paddock, yards or training/walking rings shall not be situated within—
(a) 18 metres of any dwelling, building used for commercial purposes or food business on an
adjacent land;
(b) 9 metres of any dwelling, building used for commercial purposes or food business within the
same land;
(c) a 30 metre radius of any private bore, well or dam; and
(d) the minimum buffer distances set within the Environmental Management Guidelines for land
situated within the Jandakot UWPCA.
2.10 Maintenance
The owner or occupier of land where any horse is kept shall—
(a) ensure that stables, stable shelters and any associated building or facilities are—
(i) maintained in good working order;
(ii) in sound, weatherproof condition; and
(iii) are fit for use,
including but not limited to their roofs, walls, floors, guttering, downpipes (including on-site
storm water disposal systems), doors and windows.
(b) maintain fences, railings and gates in the stables, stable shelters, paddocks, yards,
training/walking rings in good working order and repair; and
(c) ensure any paddock is fenced or walled in a manner capable of confining any horse contained
therein.
2.11 Waste and manure management
The owner or occupier of land where any horse is kept shall ensure that—
(a) no manure receptacle is situated closer than 10 metres from any dwelling on an adjacent
property;
(b) waste and manure are not permitted to accumulate unless stored or treated so as not to create
a nuisance, become offensive or injurious to health or attract vermin; and
(c) manure is managed in accordance with the planning approval under the under the local
planning scheme.
Division 4—Keeping of poultry, pigeons and birds
2.12 Keeping of poultry and pigeons
(1) Subject to subclause (2), an owner or occupier of land must not keep or permit to be kept on such
land—
(a) more than 10 poultry or pigeons in a residential zone; or
(b) more than 25 poultry or 50 pigeons in a rural zone without the approval of the local government
in accordance with clause 2.20.
(2) Subclause (1) shall not apply to premises approved by the local government for veterinary purposes
or intensive agriculture.
2.13 Requirements for keeping of poultry
An owner or occupier of land upon which poultry are kept, other than for veterinary purposes or
intensive agriculture, must ensure that—
(a) all poultry are kept in a properly constructed and securely fastened enclosure;
(b) poultry are prevented from approaching within 9 metres of a street, or any dwelling on any
other lot, or land used for public building or commercial purposes or food business;
2484 GOVERNMENT GAZETTE, WA 14 October 2024
(c) the enclosure is kept in clean condition and in good repair at all times; and
(d) effective measures are taken to control vermin and eradicate offensive odours.
2.14 Requirement for keeping of pigeons
(1) An owner or occupier of land upon which pigeons are kept shall ensure that—
(a) all pigeons are kept in a properly constructed enclosure and confined in that enclosure except
where registered homing pigeons are freed for exercise;
(b) no opening to an enclosure, including openings for ventilation, is within 9 metres of any street,
dwelling, public building, building used for commercial purposes or food business; and
(c) the enclosure is kept in a clean condition and in good repair at all times, with effective measures
taken to control vermin and eradicate offensive odours.
(2) An affiliated person shall ensure that all pigeons are kept in accordance with the Code of Practice
for Pigeon Keeping and Racing in Australia and subject to the provisions of this local law.
2.15 Roosters, geese, turkeys and peafowl
Other than land within a rural zone, an owner or occupier of land must not keep or permit to be kept,
any—
(a) roosters;
(b) geese;
(c) turkeys; or
(d) peafowl.
2.16 Requirements for keeping of aviary birds
An owner or occupier of land shall ensure that any enclosure used for the keeping of aviary birds is—
(a) of sound, weatherproof construction as follows—
(i) the framework and roost are to be smooth sealed timber or metal;
(ii) the walls and roof are to be constructed of galvanised iron or other approved material;
and
(iii) the floor is to be constructed in a manner that facilitates the hygienic removal of waste
matter, husks, seeds, feathers, dead birds and faecal matter;
(b) kept in clean condition and good repair at all times; and
(c) kept at least 5 metres from any premises on any other land.
2.17 Nuisance caused by birds or poultry
An owner or occupier of land shall not keep any bird or poultry which—
(a) causes, or is likely to cause a nuisance; or
(b) emits an unreasonable noise.
2.18 Restrictions on feeding of uncaged birds
(1) A person shall not feed or permit the feeding of any uncaged bird unless otherwise approved by the
local government.
(2) Where an authorised person is satisfied that a person has not complied with subclause (1) the
authorised person may serve the person a notice of breach requiring the person to clean up and
properly dispose of any feed or waste products specified in the notice.
(3) Where approval has been given by the local government to feed or permit the feeding of any uncaged
bird, the approval can be withdrawn by the local government in the event that—
(a) the holder does not comply or cause compliance with the conditions;
(b) there is a change in the circumstances upon which the approval was granted; or
(c) the feeding or permission to feed any uncaged bird causes a nuisance.
2.19 Restrictions on pigeons nesting or perching
An authorised person may order an owner or occupier of land on which pigeons nest or perch, to take
adequate steps to prevent them from continuing to do so.
2.20 Application for approval for keeping of poultry or pigeons contrary to clause
2.12(1)(b)
(1) An owner or occupier of land may apply in writing to the local government for approval to keep
poultry or pigeons otherwise than in accordance with clause 2.12(1)(b).
(2) An application to the local government for approval pursuant to subclause (1) is to include—
(a) a statement outlining the reasons why approval is sought;
(b) the number of poultry or pigeons proposed to be kept;
(c) a site plan showing land size, location of enclosure, the distance of the enclosure from any
boundaries and buildings on adjoining land and any nearby water resources;
(d) where applicable, proof affiliation to a poultry or pigeon keeping association;
(e) proof of registration as a livestock owner where required by the
Agriculture Management
(Identification and Movement of Stock and Apiaries) Regulations 2013; and
(f) any fee determined by the local government.
14 October 2024 GOVERNMENT GAZETTE, WA 2485
(3) Prior to determining an application for approval, the local government may seek and consider the
views and concerns of any owner or occupier of an adjoining property.
(4) The local government may grant approval of an application pursuant to subclause (1), with or
without conditions, or refuse to grant approval.
(5) Where an approval pursuant to subclause (1) is granted subject to conditions, the holder of the
approval shall comply with those conditions.
(6) A grant of approval is personal to the applicant and applies only to the land described in the
approval.
(7) The applicant shall notify the local government of any change in the circumstances on which the
grant of an approval was based as soon as any change occurs.
(8) An approval can be cancelled by the local government in the event that—
(a) the holder does not comply with any conditions set by the local government;
(b) there is a change in the circumstances upon which the approval was granted; or
(c) the granting of the approval causes a nuisance in the opinion of the local government.
Division 5—Keeping of bees
2.21 Keeping of bees
An owner or occupier of land shall not keep, or permit to be kept, bees in more than two bee hives,
unless approval is granted by the local government in accordance with clause 2.24.
2.22 Requirements for keeping of bees
An owner or occupier of land shall not keep, or permit to be kept, bees in any beehive unless—
(a) a good and sufficient water supply is located on the land which is readily accessible by the bees
situated at distance of less than 5 metres from the hive;
(b) a screen or other barrier prevents the bees flying low over a street, public place or adjoining
land;
(c) each beehive is kept as follows—
(i) at least 9 metres from any building on any other land;
(ii) at least 9 metres from any footpath, street, private street or public place;
(iii) at least 5 metres from the boundary of the land; and
(d) where required, the owner or occupier is registered under the
Agriculture Management
(Identification and Movement of Stock and Apiaries) Regulations 2013.
2.23 Nuisance caused by bees
A person shall not keep, or allow bees or beehives to be kept, on land so as to create a nuisance.
2.24 Application for approval for keeping of more than two bee hives
(1) An owner or occupier of land may apply in writing to the local government for approval to keep
more than two bee hives on such land.
(2) An application for approval should include—
(a) a statement outlining the reasons why an approval is sought;
(b) the number of bee hives proposed to be kept;
(c) a site plan showing land size, the location of bee hives, and the distance of the enclosure from
any boundaries and buildings on adjoining land;
(d) where required, proof of registration as a beekeeper under the
Agriculture Management
(Identification and Movement of Stock and Apiaries) Regulations 2013; and
(e) payment of any fee determined by the local government.
(3) Prior to determining an application, the local government may seek and consider the views and
concerns of the owners and occupiers of adjoining land.
(4) The local government may grant approval, with or without conditions, or refuse to grant approval.
(5) Where approval is granted subject to conditions, the holder of the approval shall comply with those
conditions.
(6) A grant of approval is personal to the applicant and applies only to the land described in the
approval.
(7) The applicant shall notify the local government of any change in the circumstances on which the
approval was based as soon as any change occurs.
(8) An approval can be cancelled by the local government in the event that—
(a) the holder does not comply with the conditions of approval;
(b) there is a change in the circumstances upon which the approval was granted; or
(c) the granting of the approval causes a nuisance.
2486 GOVERNMENT GAZETTE, WA 14 October 2024
Division 6—Previous approvals
2.25 Previous approvals by local government
(1) Every registration or approval granted by the local government relating to the keeping of poultry,
pigeons, pigs, horses and bees under the former provisions and in force immediately before the
commencement of local laws, has effect as if granted under this local law and notwithstanding any
of the provisions in this local law, may be renewed or transferred, on application made under this
local law, at the discretion of the local government subject to such conditions or restrictions, if any,
that the local government may deem necessary to impose.
(2) In clause 2.25(1), “former provisions” means the
Town of Kwinana Health (Keeping of Horses and
Equine Premises) Local Laws 1997,
Town of Kwinana Bee Keeping Local Law 2002,
Town of
Kwinana Bee Keeping Local Law 2002,
Town of Kwinana Piggeries By–laws,
Town of Kwinana
By–Law No. 29(B),
Relating to the Keeping of Pigeons or Town of Kwinana Health By–Law 1963
as repealed.
PART 3—VERMIN CONTROL
Division 1—Mosquitoes
3.1 Mosquito control
(1) An owner or occupier of land must keep the land free of water located so as to be, or be liable to
become, a breeding place for mosquitoes.
(2) An authorised person may order an owner or occupier of land to take adequate and reasonable
measures to prevent the pooling of water or undertake control measures to prevent mosquito
breeding.
Division 2—Rodents
3.2 Measures to be taken to eradicate rodents
(1) Where there are indications of the presence of rodents, the owner or occupier of land must take
adequate and reasonable measures to keep such land free from rodents and prevent rodent
breeding.
(2) An authorised person may order an owner or occupier of land to take adequate and reasonable
measures to eradicate rodents or undertake control measures to prevent rodent breeding.
Division 3—Cockroaches
3.3 Measures to be taken to eradicate cockroaches
(1) Where there are indications of the presence of cockroaches in, on or about land, the owner or
occupier of such land must take adequate and reasonable measures to keep the land free from
cockroaches and prevent cockroach breeding.
(2) An authorised person may order an owner or occupier of land to take adequate and reasonable
measures to eradicate cockroaches or undertake control measures to prevent breeding of
cockroaches.
PART 4—NUISANCES
Division 1—Amusements
4.1 Operation of amusements
A person shall not provide or conduct any amusements on land so as to create or cause a nuisance to
any owner or occupier of land in the district, without the approval of the local government.
Division 2—Light
4.2 Emission or reflection of light
An owner or occupier of land must not—
(a) permit artificial light to be emitted or reflected from anything on the land so as to illuminate
premises outside that land at a level that interferes unreasonably with normal activities; or
(b) permit natural light to be reflected from anything on the land so as to create or be a nuisance
to any owner or occupier of adjoining land or person using a street as a thoroughfare.
4.3 Use of exterior lighting
An owner and or occupier of land on which floodlights, lighting installations or other exterior lights are
erected or used must not allow the floodlights or other exterior lights to shine directly onto adjoining
land so as to cause a nuisance.
4.4 Notice
The local government may give a notice to the owner or occupier of land to abate a nuisance arising
from a contravention of clause 4.2 or 4.3 within the time specified in the notice by—
(a) preventing artificial light from being emitted or reflected from the land;
(b) treating any reflective surfaces;
(c) restricting the hours of use of the floodlights, lighting installations or other exterior lights; or
(d) requiring alterations to the direction in which any lights are shining.
14 October 2024 GOVERNMENT GAZETTE, WA 2487
Division 3—Smoke, fumes, odours, and other emissions
4.5 Burning rubbish, refuse or other material
(1) An owner or occupier of land must not set fire to, or cause to be set on fire, any rubbish, refuse or
other material listed in Schedule 2 on the land, unless approved under a written law.
(2) Subclause (1) does not apply to any barbeque, solid fuel water heater, space heater or ovens fired
with dry paper, dry wood, synthetic charcoal or charcoal type fuel.
4.6 Escape of smoke, fumes, odours, and other emissions
An owner or occupier of land must take reasonable steps to prevent the escape of smoke, fumes or
odours from the land in such quantity or of such a nature as to cause or to be a nuisance to any person,
unless that owner or occupier has approval under a written law that permits the escape of smoke, fumes
or odours from the land.
PART 5—UNSIGHTLY LAND AND DISUSED MATERIALS
5.1 Removal of refuse and disused materials
The owner or occupier of land shall not keep, or permit to remain on the land, any refuse, rubbish or
disused material of whatsoever nature or kind which in the opinion of an authorised person is likely to
give the land an untidy appearance and does not conform with the general appearance of other land in
that particular part of the district.
5.2 Removal of unsightly overgrowth of vegetation
The owner or occupier of land shall not permit any unsightly overgrowth of vegetation on the land that
gives the premises an untidy appearance and does not conform with the general appearance of other
land or premises in that particular part of the district.
5.3 Fencing unsightly land
The local government may give notice to an owner or occupier of land to ensure that unsightly land is
enclosed, to the satisfaction of the local government, with a fence or other means suitable to prevent
the land, so far as is practicable, from being unsightly.
5.4 Storage of vehicles and machinery
The owner or occupier of land shall not—
(a) wreck, dismantle or break up any vehicle or machinery (or any part thereof); or
(b) store or allow to remain on any land any vehicle or machinery (or any part thereof) in a state
of disrepair or disuse,
unless inside a building within an area enclosed by a fence or wall of not less than 1.8 metres in height
and of such a nature as to screen all vehicles, parts or bodies of vehicles or machinery from the street
and from adjoining land.
PART 6—STORMWATER AND WASTEWATER MANAGEMENT
6.1 Containment of stormwater, rainwater, and wastewater
An owner or occupier of land shall ensure that all rainwater and stormwater received on the land, and
all wastewater generated on the land is contained on the land or discharged into an approved drainage
structure or sewerage apparatus.
6.2 Containment and disposal of swimming pool and other wastewater
An owner or occupier of land shall ensure that all wastewater and backwash water from any swimming
pool or spa filtration systems or other water storage systems on the land is contained within the land
and diverted to the storm water drainage system on the land.
PART 7—HAZARDOUS MATERIALS
7.1 Hazardous plants and trees
(1) Where a plant or tree situated on land presents a hazard, or endangers or may endanger any person
or thing on adjoining land, an authorised person may give a notice to the owner or the occupier of
the land to remove, cut, move or otherwise deal with the plant or tree so as to remove the danger
or hazard.
(2) Where a plant or tree situated on land presents a serious and immediate danger to any person or
thing on adjoining land, an authorised person may take any remedial action considered appropriate
in order to make a plant or tree safe without having given the owner or occupier notice under
subclause (1).
7.2 Cyclonic activities or severe weather conditions
Where there is likely to be a danger to the public or property which may result from cyclonic activity or
severe weather, an authorised person may give a notice to the owner or the occupier of land specifying
measures to be taken in relation to the premises to prevent or minimise any danger or hazard.
2488 GOVERNMENT GAZETTE, WA 14 October 2024
PART 8—BUILDING, DEVELOPMENT AND LAND CARE
Division 1—Litter and refuse on building sites, development sites and demolition sites
8.1 Provision of refuse and recycling receptacles
(1) The owner or occupier of a building site, development site or demolition site shall at all times
provide and maintain a refuse receptacle and recycling receptacle, available for use on the land.
(2) A refuse receptacle and recycling receptacle under subclause (1) shall include a suitable cover, to
the satisfaction of an authorised officer, of such design as will—
(a) contain any refuse and recycling waste likely to be produced on the land; and
(b) prevent refuse and recycling waste being blown from the receptacle by wind.
8.2 Requirements to control refuse and recycling waste
(1) From the time of commencement of works on a building site, development site or demolition site
until the time of completion of such work, the owner or occupier of the land shall take reasonable
steps to—
(a) ensure all refuse on the land is placed and contained in the refuse waste receptacle;
(b) ensure all recycling waste on the land is placed and contained in the recycling waste receptacle;
(c) keep the site as free as is reasonably practicable from any refuse and recycling waste;
(d) ensure all refuse and recycling waste are contained in the receptacles are prevented from being
blown from the site by wind;
(e) maintain the street verge immediately adjacent to the land free of refuse and recycling waste
from the site; and
(f) ensure the refuse and recycling waste receptacle is emptied when full.
(2) The owner or occupier of a building site, development site or demolition site must ensure that
within 2 days of completion of works on the site or when directed by an authorised officer—
(a) the land and the street verge immediately adjacent to it is cleared of all refuse; and recycling
waste; and
(b) all recycling and refuse receptacles are removed from the land.
Division 2—Prevention of dust and liquid waste
8.3 Containment of dust and liquid waste
(1) An owner or occupier of land must take effective measures to—
(a) stabilise dust on the land;
(b) contain all liquid waste on the land; and
(c) ensure no dust or liquid waste is released or escapes from the land whether by means of wind,
water, or any other cause.
(2) An owner or occupier of land must notify the owners or occupiers of adjoining land in writing 48
hours prior to the commencement of any activity that has the potential to cause the release or
escape of dust or liquid waste from the land, giving details of—
(a) the nature of the activity;
(b) the proposed commencement time, frequency, duration time and location of the activity; and
(c) the name of the person responsible for carrying out the activity and how and where that person
may be contacted.
(3) Where an authorised person is satisfied that an owner or occupier has not complied with subclause
(1), the local government may serve on the owner and or occupier of the land a notice requiring the
owner and or occupier to do one or more of the following—
(a) comply with subclause (1);
(b) clean up and properly dispose of any released or escaped dust or liquid waste;
(c) clean up and make good any damage resulting from the released or escaped dust or liquid
waste; or
(d) take effective measures to stop any further release or escape of dust or liquid waste.
(4) The requirements set out in a notice served under subclause (3) must be complied with—
(a) within 48 hours of service of the notice where no other time is specified;
(b) within such other period as is specified in the notice; or
(c) immediately, if the notice so specifies.
(5) Where an authorised person is satisfied that dust or liquid waste has escaped or has been released
from an activity undertaken on land or as a consequence of the use of equipment on land, the local
government may serve a notice on the owner and or occupier of the land and or the operator of the
equipment, as the case may be, requiring that the activity or use of the equipment on the land be
ceased immediately, for such period as is specified in such notice.
(6) Where an authorised person is satisfied that dust or liquid waste is likely to be released or escape
as a result of an activity to be carried out on any land, the local government may give to the owner
and or occupier a notice providing that the activity may only be carried on subject to conditions
specified in the notice.
14 October 2024 GOVERNMENT GAZETTE, WA 2489
PART 9—OBJECTIONS AND APPEALS
9.1 Objections and appeals
When the local government decides under this local law whether it will—
(a) grant a person an authorisation;
(b) renew, vary, or cancel an authorisation; or
(c) give a person a notice,
the provisions of Division 1 of Part 9 of the Act and Regulation 33 of the Regulations shall apply to that
decision.
PART 10—ENFORCEMENT
Division 1—Notices given under this local law
10.1 Notice of Breach
(1) Where a breach of any provision of this local law has occurred, the local government may give a
notice in writing to the person alleged to be responsible for such breach directing them to take such
actions as an authorised person considers necessary within the timeframe specified in the notice.
(2) A notice given under subclause (1) shall—
(a) specify the provision of this local law which has been breached;
(b) specify the particulars of the breach; and
(c) state that the manner in which the person is required to remedy the breach to the satisfaction
of the local government within the time specified in the notice.
(3) If a person fails to comply with a notice given to him or her under this local law, the local
government may do, or arrange to be done, the thing specified in the notice and recover from the
person to whom the notice was given, as a debt, the costs incurred in doing so.
(4) This local law is subject to sections 3.25, 3.27 and Schedules 3.1 and 3.2 of the Act and any powers
of entry exercised by the local government under this local law is subject to Part 3, Division 3,
Subdivision 3 of the Act.
Division 2—Offences and penalties
Subdivision 1—General
10.2 Offences and penalties
(1) A person who—
(a) fails to do anything required or directed to be done under this local law;
(b) fails to comply with the requirements of a notice issued under this local law; or
(c) does anything prohibited under this local law,
commits an offence.
(2) A person who commits an offence under this local law is liable to a maximum penalty of $5,000 and
a maximum daily penalty of $500 in respect of each day or part of a day during which the offence
has continued.
Subdivision 2—Infringement notices and modified penalties
10.3 Prescribed offences
(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section
9.15 of the Act.
(2) The amount of the modified penalty for a prescribed offence—
(a) for a first offence is that specified adjacent to the clause in the fourth column of Schedule 1;
and
(b) for a subsequent offence is that specified adjacent to the clause in the fifth column of Schedule
1.
10.4 Form of infringement notices
For the purposes of this local law—
(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to
in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;
(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in
Schedule 1 of the Regulations; and
(c) the form of the notice given under section 9.20 of the Act withdrawing an infringement notice
is that of Form 3 in Schedule 1 of the Regulations.
2490 GOVERNMENT GAZETTE, WA 14 October 2024
SCHEDULE 1—PRESCRIBED OFFENCES
[clause 10.3(1)]
Item
No.
Clause
No.
Nature of offence Modified
Penalty
First
Offence
($)
Modified
Penalty
Subsequent
Offence
($)
1 2.1(1) Failure to keep land upon which an animal is
kept to the required standard 150 300
2 2.1(2) Failure to comply with a direction to clean and
disinfect land upon which an animal is kept 150 300
3 2.2(1)
and (2)
Failure to disposing of a dead animal in approved
manner 150 300
4 2.3 Keeping a farm animal within a residential zone 150 300
5 2.4 Keeping of a pig within a non-permitted area 150 300
6 2.5(a) Failure to ensure a farm animal is prevented
from approaching a dwelling, public building,
building used for commercial premises or food
business
150 300
7 2.5(b) Failure to ensure that land where a farm animal
is kept is fenced or walled to the required
standard
150 300
8 2.5(c) Failure to keep a farm animal in accordance with
planning scheme 150 300
9 2.6(a) On land where farm animals are kept, failing to
ensure any stable, enclosure or shelter is not
situated within 18 metres of any dwelling, public
building, building used for commercial purposes
or food business
150 300
10 2.6(b) On land where farm animals are kept, failing to
ensure any stable, enclosure or shelter is
maintained in a manner so as to provide
adequate shelter, drainage and ventilation
150 300
11 2.7(1) Slaughtering an animal other than at an
approved premises 150 300
12 2.8(a) Keeping of a horse outside of a rural zone 150 300
13 2.8(b) Keeping of a horse contrary to the provisions of
any local planning scheme 150 300
14 2.9(1)
and (2)
Failure to ensure a stable or stable shelter is
sited to the required standard 150 300
15 2.9(3), (4)
and (5)
Stable or stable shelter contrary to the required
standard 150 300
16 2.9(6) Associated building or facility situated within 9
metres of any dwelling 150 300
17 2.9(7) Failure to ensure a paddock, yard or
training/walking ring is sited to the required
standard
150 300
18 2.10(a) Failure to maintain any stable, stable shelter,
associated building or facility where any horse is
kept to the required standard
150 300
19 2.10(b) Failure to maintain fences, railings and gates to
the required standard 150 300
20 2.10(c) Failure to ensure any paddock where horses are
kept is fenced or walled in a manner capable or
confining a horse
150 300
21 2.11(a) Manure receptacle on land where horses are kept
situated within 10 metres of a dwelling on
adjacent property
150 300
22 2.11(b)
and (c)
On land where horses are kept, failing to handle
waste and manure to the required standard 150 300
23 2.12(1)(a) Exceeding the permitted number of poultry or
pigeons in a residential zone 150 300
24 2.12(1)(b) Exceeding the permitted number of poultry or
pigeons in a rural zone without approval 150 300
14 October 2024 GOVERNMENT GAZETTE, WA 2491
Item
No.
Clause
No.
Nature of offence Modified
Penalty
First
Offence
($)
Modified
Penalty
Subsequent
Offence
($)
25 2.13 Failure to comply with requirements for keeping
of poultry 150 300
26 2.14(1)
and (2)
Failure to comply with requirements for keeping
of pigeons 150 300
27 2.15 Keeping a rooster, geese, turkey or peafowl
outside of a rural zone 150 300
28 2.16 Failure to comply with requirements for keeping
of aviary birds 150 300
29 2.17(a) Keeping a bird or poultry that causes or is likely
to cause a nuisance 150 300
30 2.17(b) Keeping a bird or poultry which emits an
unreasonable noise 150 300
31 2.18(1) Feeding of uncaged bird without approval 150 300
32 2.18(2) Failure to comply with a notice to clean up and
dispose of feed or waste product 150 300
33 2.20(5) Failure to comply with a condition of approval for
keeping poultry or pigeons 150 300
34 2.20(7) A holder of a permit to keep poultry or pigeons
failing to notify of any change in circumstances 150 300
35 2.21 Keeping bees in more than two beehives on land
without approval 150 300
36 2.22 Failure to comply with requirement for keeping of
bees 150 300
37 2.23 Keeping bees so as to create a nuisance 150 300
38 2.24(5) Failure to comply with a condition of approval for
keeping bees 150 300
39 3.1(1) Failure to keep land free of water that is or is
liable to become a breeding place mosquito
breeding
150 300
40 3.2(1) Where there are indications of the presence of
rodents, failure to take measures to keep land
free from rodents and prevent breeding
150 300
41 3.3(1) Where there are indications of the presence of
cockroaches, failure to take measures to keep
land free from cockroaches and prevent breeding
150 300
42 4.1 Providing or conducting amusements so as to
create or cause a nuisance without approval 250 500
43 4.2(a) Permitting artificial light to be emitted or
reflected so as to illuminate premises at a level
that interferes unreasonably with normal
activities
250 500
44 4.2(b) Permit natural light to be reflected so as to create
or be a nuisance 250 500
45 4.3 Allowing floodlights or other exterior lights to
shine into adjoining land so as to cause a
nuisance
250 500
46 4.5(1) Setting fire to rubbish, refuse or other material
listed in Schedule 2 on the land without approval 250 500
47 4.6 Failure to take reasonable steps to prevent the
escape of smoke, fumes, odours or other emissions
so as to cause a nuisance
250 500
48 5.1 Refuse, rubbish or disused material on land so as
to give untidy appearance 250 500
49 5.2 Failure to prevent unsightly overgrowth of
vegetation 250 500
50 5.4(a) Wrecking, dismantling or breaking up a vehicle
or machinery outside of a building or enclosed
area
250 500
51 5.4(b) Storing or allowing any vehicle or machinery to
remain outside of a building or enclosed area 250 500
2492 GOVERNMENT GAZETTE, WA 14 October 2024
Item
No.
Clause
No.
Nature of offence Modified
Penalty
First
Offence
($)
Modified
Penalty
Subsequent
Offence
($)
52 6.1 Failure to ensure rainwater, wastewater or
stormwater is contained, discharged to an
approved drainage structure or sewage apparatus
250 500
53 6.2 Failure to ensure water from a swimming pool,
spa filtration system or other water storage
system is contained and diverted to storm water
drainage
250 500
54 8.1(1) Failure to provide and maintain a refuse
receptacle and a recycling receptacle at a building
site, development site or demolition site
250 500
55 8.1(2) Receptacle at a building site, development site or
demolition site not to the required standard 250 500
56 8.2(2)(a) Failure to clear refuse or recycling from a
building site, development site or demolition site 250 500
57 8.2(2)(b) Failure to remove receptacle from a building site,
development site or demolition site 250 500
58 8.3(1)(a) Failure to take effective measures to stabilise
dust on the land 250 500
59 8.3(1)(b) Failure to take effective measures to contain
liquid waste on the land 250 500
60 8.3(1)(c) Failure to take effective measures to ensure no
dust or liquid waste is released or escapes from
the land
250 500
61 8.3(2) Failure to notify an owner or occupier of adjoining
land of an activity with the potential to cause the
release or escape of dust or liquid waste
250 500
62 10.2(1)(a) Failure to do anything required or directed to be
done 250 500
63 10.2(1)(b) Failure to comply with a notice 250 500
64 10.2(1)(c) Doing anything prohibited under local law 250 500
————
SCHEDULE 2—MATERIALS NOT TO BE SET ON FIRE OR TO BE BURNT
[clause 4.5]
(1) Batteries
(2) Carpet
(3) Electrical products
(4) Fabrics or textiles
(5) Solvent
(6) Paint
(7) Plastic, including polystyrene and the like
(8) Rubber
(9) Timber that has been treated with preservatives
(10) Tyres
(11) Vehicles or vessels and their parts
(12) Waste oil, fats or grease
————
Dated this 30th day of September 2024.
The Common Seal of the City of Kwinana was hereunto affixed in the presence of—
PETER FEASEY, Mayor.
WAYNE JACK, Chief Executive Officer.
———————————