4860GOVERNMENT GAZETTE, WA 7 October 2022

4860 GOVERNMENT GAZETTE, WA 7 October 2022 permit means a permit issued by the local government under clause 3.6 permit holder means a person who holds a valid permit under clause 3.6 premises includes the following— (a) land (whether or not vacant); (b) the whole or part of a building or structure (whether of a permanent or temporary nature); and (c) a vehicle. RSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc.) of Western Australia; Schedule means a schedule to this local law; Scheme means a town planning scheme of the local government made by it under the Planning and Development Act 2005 and its antecedents; and single dwelling means a house that stands alone on its own parcel of land. (2) A term that is used in this local law and is not defined in subclause (1) has the same meaning given to it in the Act or, not defined in the Act, the same meaning given to it in the Cat Regulations 2012, the Cat (Uniform Local Provisions) Regulations 2013 or the Local Government Act 1995. PART 2—CAT CONTROL 2.1 Cat Nuisance (1) An owner shall not allow a cat to be or create a nuisance. (2) Where the local government receives a complaint from a person, and where in the opinion of an authorised person, that a cat is creating a nuisance, the local government may give a cat control notice to the owner of the cat requiring that person to abate the nuisance. (3) When a nuisance has occurred and a notice to abate the nuisance is given, the notice remains in force for the period specified by the local government on the notice which shall not exceed 28 days. (4) A person given a notice to abate the nuisance shall comply with the notice within the period specified in the notice. (5) A cat control notice under subclause 2.1(2) shall be in the form of Schedule 1, Form 3 of the Cat Regulations 2012. 2.2 Cats in Other Places (1) A cat shall not be in a public place unless the cat is, in the opinion of an Authorised Person, under effective control. (2) If a cat is at any time, in contravention of clause 2.2 (1), (a) The keeper of the cat commits an offence; and (b) An authorised person may seize and impound the cat and deal with the cat pursuant to the Act. 2.3 Cats in Prohibited Areas (1) A cat shall not be in any cat prohibited area as listed on Schedule 3. (2) If a cat is at any time in a place in contravention of subclause 2.3(1)— (a) The owner of the cat commits an offence; and (b) An authorised person may seize and impound the cat in accordance with the Act. PART 3—PERMITS FOR KEEPING CATS 3.1 Interpretation In this Part, and for the purposes of applying the definition of “cattery”— cat does not include a cat less than 6 months old. 3.2 Cats for which a permit is required (1) Subject to subclause (2) a person is required to have a permit— (a) to keep more than 3 cats on any single dwelling or grouped dwelling premises to a maximum of six (6); (b) to keep more than 2 cats on any multiple dwelling property to a maximum of six (6); or (c) to use any premises as a cattery. (2) A permit is not required under subclause (1) if the premises concerned are— (a) a refuge of the RSPCA or any other animal welfare organisation; (b) a cat management facility which has been approved by the local government; (c) a veterinary clinic or hospital; or (d) a pet shop. (3) A person who keeps more than the standard number of cats on a prescribed premises without approval commits an offence.