7 October 2024 GOVERNMENT GAZETTE, WA 2399
LOCAL GOVERNMENT ACT 1995
HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911
BIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007
CITY OF MANDURAH
ANIMALS ENVIRONMENT AND NUISANCE AMENDMENT LOCAL LAW 2024
Under the powers conferred by the
Health (Miscellaneous Provisions) Act 1911, Local Government
Act 1995,
Biosecurity and Agriculture Management Act 2007, and under all other powers enabling it,
the Council of the City of Mandurah resolved on 24 September 2024 to make the following local law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the
City of Mandurah Animals, Environment and Nuisance Amendment
Local Law 2024.
1.2 Commencement
The local law comes into operation 14 days after the date of its publication in the
Government Gazette.
1.3 Principal local law
This local law amends the
City of Mandurah Animals, Environment and Nuisance Local Law 2010 as
published in the
Government Gazette on 22 March 2011 and as amended in the
Government Gazette
on 11 June 2019 and 3 April 2020.
1.4 Clause 1.1 amended
In clause 1.1 delete the heading “Citation” and replace with “Short title”.
1.5 Clause 1.2 amended
In clause 1.2—
(a) renumber clause “1.2” to “1.5”;
(b) in the clause title, amend the title “Definitions” to “Meaning of terms used in this local
law”; and
(c) delete the following definitions—
(i)
amusement;
(ii)
approved animal;
(iii)
bee hive;
(iv)
Class 6 building;
(v)
Class 9 building;
(vi)
Code of Practice–Pigeon keeping;
(vii)
development approval;
(viii)
development site;
(ix)
livestock;
(x)
livestock vehicle;
(xi)
manure receptacle;
(xii)
miniature horse;
(xiii)
occupier; and
(xiv)
truck;
(d) insert the following definitions in alphabetical order—
(i)
beekeeper has the meaning given in Regulation 3 of the
Biosecurity and Agriculture
Management Regulations 2013;
(ii)
Code of Practice–Pigeon keeping means the Code of Practice for Pigeon Keeping and
Racing in Western Australia as prescribed by the
Animal Welfare (General)
Regulations 2003, as amended from time to time;
(iii)
development site means—
(a) any lot or lots for which there is a current development or subdivision approval;
and
(b) any lot or lots 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;
(iv)
hive means a movable or fixed structure, container or object in which a colony of bees is
kept;
Section 1 - City of Mandurah Animals Environment and Nuisance Amendment Local Law 2024 - City of Mandurah Animals Environment and Nuisance Amendment Local Law 2024 | Zoe
2400 GOVERNMENT GAZETTE, WA 7 October 2024
(v)
occupier means any person who is in control of any land or part of any land or
authorised by the owner, lessee, licensee, or any other person empowered to exercise
control in relation to land to perform any work in relation to any land and without
limiting the generality of the foregoing and for the avoidance of doubt includes a builder
or contractor;
(vi)
premises includes—
(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;
(vii)
receptacle means a container for holding or facilitating the removal of refuse; and
(viii)
sand drift means the movement of sand, sediment, or similar materials across, within
or along a surface;
(e) amend the definition for an
affiliated person by deleting “
Associations Incorporation
Act 1987” and replacing it with “
Associations Incorporation Act 2015”;
(f) in the definition of
authorised person delete the word “Council” and replace it with “local
government”;
(g) amend the definition of
birds by deleting the word “includes” and replacing with the word
“include”;
(h) amend the definition of
building site by deleting the word “licence” and replacing it with
“permit”;
(i) in the definition of
Chief Executive Officer replace the first reference to “Chief Executive
Officer” with
“CEO”;
(j) amend the definition of
pest plant by deleting “clause 4.17” and replacing with “clause 4.10”;
(k) in the definition of
pigeon after the words “homing pigeons” insert the words “racing pigeons”
and delete the words “Department of Environment and Conservation” and replace with
“Department of Biodiversity, Conservation and Attractions”; and
(l) in the definition of
unreasonable noise insert the word “and” after “1986;”.
1.6 Clause 1.3 amended
Renumber clause “1.3 Repeal” to “1.4 Repeal”.
1.7 Clause 1.4 amended
(a) renumber clause “1.4 Application” to “1.3 Application”; and
(b) delete the words “shall apply” and insert “applies”.
1.8 Clause 1.5 amended
Renumber clause “1.5 Commencement” to “1.2 Commencement”.
1.9 Part 2, Division 1 amended
In Part 2 delete Division 1 and insert—
Division 1—Keeping of birds
2.1 Keeping of poultry and pigeons in a residential zone
Subject to the provisions of this Part 2, an owner or occupier of premises in a residential zone shall
not keep or permit to be kept more than the following number of pigeons or poultry—
(a) In the case of poultry, the maximum number specified in the table below according to
applicable lot size—
Lot size Maximum number of poultry
Less than 1,000 m2 6 poultry (including a maximum of 2 ducks)
1,001 m2 and over 12 poultry (including ducks)
(b) In the case of pigeons, 12 pigeons unless the owner or occupier is an affiliated person in
which case the maximum number of pigeons is 100.
2.2 Requirements for keeping of poultry
A person who keeps poultry or permits poultry to be kept shall ensure that—
(a) no poultry shall be kept within 5 metres from any residential building;
(b) no poultry are able to approach within 5 metres of a public street, public building,
commercial premises or food business;
(c) all poultry are kept in a properly constructed and securely fastened enclosure;
(d) all enclosures within which poultry are kept are maintained at all times in a clean
condition and good repair;
(e) all poultry are contained in an enclosure at all times, except where released for exercise;
(f) no poultry are to be kept less than 1 metre from any lot boundary; and
(g) all feed for the poultry other than that intended for immediate consumption is stored in
vermin-proof containers.
7 October 2024 GOVERNMENT GAZETTE, WA 2401
2.3 Requirements for keeping of pigeons
(1) A person who keeps pigeons or permits pigeons to be kept shall ensure that—
(a) all pigeons are kept in a properly constructed pigeon loft or enclosure at all times, except
when registered homing pigeons or racing pigeons are released for exercise subject to the
following conditions—
(i) registered homing pigeons or racing pigeons may only be released for exercise
between the hours set out in the Code of Practice; and
(ii) a person shall not release more than 60 registered homing pigeons or racing
pigeons for exercise or training at any one time;
(b) all loft structures or enclosures within which pigeons are kept and their immediate
surrounds are maintained in a clean condition and good repair;
(c) all loft litter—
(i) is disposed of by immediate burial or by being bagged and deposited in a household
rubbish receptacle; and
(ii) does not cause a nuisance;
(d) the base floor of any loft or enclosure is constructed of impervious material;
(e) all feed for the pigeons other than that intended for immediate consumption is stored in
vermin-proof containers;
(f) no opening to a pigeon loft or enclosure, including openings for ventilation, is within 5
metres of any residential building, public street, public building, commercial premises,
or food business and is not visible from a public area; and
(g) no pigeon loft or enclosure, including openings for ventilation, is within 1 metre from any
lot boundary.
(2) An affiliated person who keeps pigeons, or permits pigeons to be kept, shall do so in accordance
with the Code of Practice—Pigeon Keeping, subject to the provisions of this local law.
2.4 Requirements for keeping of aviary birds
A person who keeps, or permits to be kept, aviary birds shall ensure that—
(a) the aviary or cage in which the birds are kept is located at least 1 metre from any lot
boundary;
(b) the aviary or cage in which the birds are kept is at least 5 metres from any residential
building, public street, public building, commercial premises, or food business and is not
visible from a public area;
(c) the base floor of the aviary or cage is to be constructed of smooth, impervious material
with a gradient of at least 1 in 50 to the front of the aviary or cage;
(d) the aviary or cage is to be kept in clean condition and good repair;
(d) all feed for the birds other than that intended for immediate consumption is stored in
vermin-proof containers; and
(e) reasonable steps are taken to prevent the attraction or harbourage of vermin.
2.5 Roosters, geese, turkeys and peafowl
Except on land in a rural zone or with the prior written permission of the local government, an
owner or occupier of premises shall not keep any of the following—
(a) rooster;
(b) goose or gander;
(c) turkey; or
(d) peacock or peahen.
2.6. Nuisance caused by birds
An owner or occupier of land shall not keep any bird or birds which—
(a) cause a nuisance; or
(b) emit an unreasonable noise.
1.10 Part 2, Division 2 amended
In Part 2 delete Division 2 and insert—
Division 2—Keeping of farm animals
2.7 Keeping of farm animals
(1) An owner or occupier of land shall not keep, or allow to be kept, any farm animal unless—
(a) in accordance with a valid permit authorising the keeping of such a farm animal issued
in relation to the land; or
(b) in a rural zone and in accordance with the provisions of any local planning scheme
applicable to that zone.
(2) An owner or occupier shall not keep more than one pig other than on premises registered as a
piggery pursuant to the provisions of the
Health (Miscellaneous Provisions) Act 1911, except
with the written approval of the local government.
2402 GOVERNMENT GAZETTE, WA 7 October 2024
2.8 Application for a permit to keep farm animals
An application for a permit to keep farm animals shall be in the form approved by the local
government.
2.9 Determination of application to keep farm animals
(1) The local government may—
(a) refuse to determine an application for a permit which does not comply with clause 2.8;
(b) approve an application for a permit subject to such conditions as it considers appropriate;
or
(c) refuse to approve an application for a permit.
(2) Where an application for a permit is approved subject to conditions, the permit holder shall
comply with those conditions.
(3) A permit shall remain valid unless—
(a) otherwise stated in the terms and conditions of the permit; or
(b) it is cancelled under clause 2.10(2).
2.10 Variation or cancellation of permit to keep farm animals and conditions of permit
(1) The local government may vary the conditions of a permit issued under this Division by giving
written notice to the permit holder and the varied condition takes effect 7 days after that notice
is given.
(2) The local government may cancel a permit in the event the permit holder—
(a) fails to comply with any condition of the permit;
(b) after being notified of a variation under subclause 2.10(1), fails to comply with the varied
condition;
(c) breaches clause 2.11 of this local law; or
(d) fails to comply with a notice of breach issued under clause 6.1.
2.11 Requirements for keeping farm animals
An owner or occupier of land or premises upon which a farm animal or farm animals are permitted
to be kept, shall—
(a) ensure that each farm animal is kept in a suitable enclosure that effectively prevents it
from escaping;
(b) maintain the place or places where the farm animals are kept in clean condition;
(c) not permit any farm animal to approach within 5 metres of any residential building; and
(d) not permit any farm animal to approach within 15 metres of any food premises, shop,
public building or a business or commercial premises.
2.12 Nuisance caused by farm animals
An owner or occupier of land shall not keep any farm animal or farm animals which—
(a) cause a nuisance; or
(b) emit an unreasonable noise.
1.11 Part 2, Division 3 amended
In Part 2 delete Division 3 and insert—
Division 3—Keeping of bees
2.13 Keeping of Bees
A person shall not keep bees or allow bees to be kept on any land except in accordance with the
requirements outlined in clause 2.14.
2.14 Requirements for Beekeeping
The keeping of bees is subject to the following requirements—
(a) the provision of a sufficient and suitable water supply on the land which is readily
accessible by the bees on the land;
(b) each hive shall be—
(i) kept at least 10 metres from any thoroughfare, public place, or neighbouring
building;
(ii) kept at least 5 metres from any other boundary of the land; and
(iii) screened or provided with other such barrier so as to prevent the bees flying low
over a thoroughfare, public place, or adjoining land;
(c) no more than 2 hives are to be kept on land of less than 2,000 square metres in area;
(d) no more than 15 hives are to be kept on land between 2,000 and 20,000 square metres in
area; and
(e) the person keeping bees shall be registered as a beekeeper if required under
the
Biosecurity and Agriculture Management (Identification and Movement of Stock and
Apiaries) Regulations 2013.
7 October 2024 GOVERNMENT GAZETTE, WA 2403
2.15 Nuisance caused by bees or hives
A person shall not keep, or allow to be kept, bees or hives, or both, on land so as to endanger the
safety of any person or cause a nuisance.
2.16 Notice to remove bees
Whenever the local government or an authorised person is satisfied that a person has contravened
any provision of this local law which relates to the keeping of bees or hives, the local government
or an authorised person may give the owner or occupier of the land a written notice requiring her
or him to remove any bees or hives, or both, from the land within the time specified in the notice.
1.12 Part 3, Division 1 amended
In Part 3 delete Division 1 and insert—
Division 1—Litter and refuse on building sites
3.1 Provision of refuse receptacles
(1) A person must not commence or continue, or permit the commencement or continuation of,
building works on a building or development site unless—
(a) an Approved Receptacle is provided and maintained on the building site;
(b) all building waste is placed, and kept securely, in the Approved Receptacle;
(c) the cover of the Approved Receptacle is kept securely in place at all times except when
building waste is being placed in, or removed from, the Approved Receptacle; and
(d) the Approved Receptacle is maintained in an effective and operable condition.
(2) In this clause—
Approved Receptacle means—
(a) a receptacle with a capacity of at least 4 cubic metres with a suitable cover so as to
prevent the escape of building waste;
(b) a wire enclosure with a capacity of at least 4 cubic metres with a suitable cover so as to
prevent the escape of building waste; or
(c) any other receptacle or container, with a suitable cover so as to prevent the escape of
building waste,
that is approved by the local government or an authorised person.
3.2 Control measures
(1) From the time of commencement of works on a building site or development site until the time
of completion of such works, the owner or occupier of the site shall—
(a) ensure all refuse on the site is placed securely and contained in the Approved Receptacle
and prevented from escaping from the site;
(b) keep the site as free as is reasonably practicable from any refuse;
(c) keep the street verge, and any other reserve, immediately adjacent to the site free of
refuse, dust and sand from the site;
(d) prevent dust and sand escaping from the site onto any thoroughfare or adjacent land;
and
(e) ensure the refuse receptacle is emptied when full.
(2) The owner or occupier of a building site or development site shall ensure that, within 2 days of
completion of works on the site or when directed by an authorised person, the site and the
street verge or thoroughfare immediately adjacent or any adjacent land to it is cleared of all
refuse and sand and all receptacles are removed from the site.
3.3 Unauthorised storage of materials
(1) All construction materials shall be stored on the building site or development site and not on a
street verge, thoroughfare or other local government property unless written approval has been
given by the local government or an authorised person to store construction material on the
street verge, thoroughfare or other local government property.
(2) An application for approval under subclause 3.3(1) shall be—
(a) in writing; and
(b) where the materials are proposed to be stored on a street verge abutting private land,
shall be accompanied by the written approval of the owner of such land.
1.13 Part 3, Division 2 amended
In Part 3 delete Division 2 and insert—
Division 2—Prevention of dust, sand or sand drift and liquid waste
3.4 Prohibited activities
(1) An owner and or occupier of land shall take reasonable steps to—
(a) stabilise dust and sand on any land or verge adjoining such land;
(b) contain all liquid waste on the land; and
(c) ensure no dust, sand or sand drift, or liquid waste is released or escapes from the land,
whether by means of wind, water, or any other cause.
2404 GOVERNMENT GAZETTE, WA 7 October 2024
(2) Where the local government or an authorised person is satisfied that—
(a) an owner or occupier has not complied with subclause 3.4(1); or
(b) the dust, sand or liquid waste has been released or escaped from the owner’s or occupier’s
land,
the local government or an authorised person 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—
(i) comply with subclause 3.4(1);
(ii) clean up and properly dispose of any released or escaped dust, sand, or liquid
waste;
(iii) clean up and make good any damage resulting from the released or escaped dust,
sand, or liquid waste including any damage to adjoining or other affected
properties; or
(iv) take reasonable steps to stop or prevent any further release or escape of dust, sand
or liquid waste from the land.
(3) The requirements set out in a notice issued under subclause 3.4(2) shall 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.
(4) Where the local government or an authorised person is satisfied that dust, sand, 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 or an authorised person may serve a notice
on—
(a) the owner and or occupier of the land; or
(b) 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.
(5) Where the local government or an authorised person is satisfied that dust, sand, or liquid waste
may be released or escape as a result of an activity which is likely to be carried on from any
land, the local government or an authorised person 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.
3.5 Escape from loads being transported
(1) A person must not drive a vehicle carrying a load from a dust or sand generating development
site, or a building site, unless reasonable steps have been taken to ensure that the load, or any
part of it, cannot escape from the vehicle.
(2) In this clause—
load includes any material or other thing used in connection with the load; and
vehicle has the meaning given to it in the
Road Traffic Code 2000.
3.6 Disposal of liquid waste
(1) The owner or occupier of premises shall—
(a) provide one or more of the methods prescribed in this clause, for the disposal of all liquid
waste produced on the premises; and
(b) at all times maintain in good working order and condition any apparatus used for the
disposal of liquid waste.
(2) Liquid waste shall be disposed of by one or more of the following methods—
(a) discharging it into the sewerage system of a licensed water service operator in a manner
approved by the licensed water service operator;
(b) discharging it into an apparatus for the treatment of sewage and disposal of effluent and
liquid waste approved by the Chief Health Officer or the local government; or
(c) collection and disposal at an approved liquid waste disposal site in a manner approved
by the Chief Health Officer.
(3) In this clause—
Chief Health Officer has the meaning given in the
Public Health Act 2016 section 4(1); and
licensed water service operator means a water service operator licensed under a written
law to provide and/or operate water services.
1.14 Part 3, Division 3 amended
In clause 3.5 of Part 3, Division 3—
(a) renumber clause 3.5 to clause 3.7;
(b) delete the word “of” and insert “or” in its place;
(c) insert “of land” after “occupier”; and
(d) delete “site” and insert “land”.
7 October 2024 GOVERNMENT GAZETTE, WA 2405
1.15 Part 3, Division 4 amended
In Part 3, Division 4—
(a) clauses 3.6 to 3.9 are renumbered to clauses 3.8 to 3.11 respectively;
(b) clause 3.8 (formerly clause 3.6) is amended by deleting subclause (1) and inserting—
Division 4—Unsightly land and disused materials
3.8 Removal of refuse and disused materials
(1) The owner or occupier of a lot shall not keep, or permit to remain on the lot, any refuse,
rubbish or disused material of whatsoever nature or kind which the local government or
an authorised person is satisfied is likely to—
(a) give the lot an untidy appearance and does not conform with the general
appearance of other land in that particular part of the district; or
(b) adversely affect the health and safety of the inhabitants of that property or any
adjoining property.
(c) delete clause 3.9 (formerly clause 3.7) and insert—
3.9 Removal of unsightly overgrowth of vegetation
(1) The owner or occupier of a lot shall not permit to remain on a lot, any unsightly overgrowth
of vegetation which, the local government or the authorised person is satisfied is likely to—
(a) gives the lot an untidy appearance and does not conform with the general
appearance of other land in that particular part of the district; or
(b) adversely affect the health and safety of the inhabitants of that property or any
adjoining property.
(2) The local government or an authorised person may give notice in writing to the owner or
occupier of a lot requiring the removal of the overgrowth of vegetation within the time
specified in the notice.
(d) delete clause 3.10 (formerly clause 3.8) and insert—
3.10 Storage of vehicles, vessels and machinery
(1) The owner or occupier of a lot shall not—
(a) store, or allow to remain, in public view on the lot more than 1 vehicle, vessel, or
machinery (whether licensed or not) in a state of disrepair;
(b) store, or allow to remain, in public view on the lot any vehicle, vessel, or machinery
in a state of disrepair for a period in excess of 1 month;
(c) store, or allow to remain, in public view on the lot vehicle, vessel, or machinery
parts (including tyres);
(d) wreck, dismantle or break up any vehicle, part or body of a vehicle, vessel, or
machinery; or
(e) wreck, dismantle or break up a vehicle, vessel, or machinery so as to cause a
nuisance.
(2) Subclause 3.10(1) shall not apply if the vehicle, part or body of a vehicle, vessel or
machinery is inside a building or within an area enclosed by a fence or wall 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 properties.
(e) clause 3.11 (formerly 3.9) is amended by—
(i) inserting the words “without lawful authority and” after the words “on any land”;
(ii) in subclause (b) delete “and” and replace with a full stop; and
(iii) delete subclause (c).
1.16 Part 3, Division 5 amended
In Part 3, Division 5—
(a) clause 3.10 (former numbering) is deleted; and
(b) clause 3.11 is renumbered to clause 3.12 and the word “cannot” is deleted from subclause (3)
and replaced with the word “can”.
1.17 Part 4, Division 1 amended
In Part 4, Division 1—
(a) in clause 4.2 delete the subclause designator “(1)” and “(2)” and replace with “(a)” and “(b)”;
(b) in subclause 4.3(1)—
(i) insert the words “or an authorised person” after the words “local government”; and
(ii) insert the words “local government or an” before the words “authorised person considers”;
and
(c) in subclause 4.3(2)—
(i) insert the numbers “4.3” before “(1)”;
(ii) insert the words “or an authorised person” after the words “local government”; and
(iii) delete the words “believes to be” and replace with “is satisfied is”.
2406 GOVERNMENT GAZETTE, WA 7 October 2024
1.18 Part 4, Division 2 amended
In Part 4, Division 2—
(a) clause 4.4(1) is amended as follows—
(i) insert “vegetation” after the word “refuse”; and
(ii) insert the words “or authorised person” after the word “the local government”;
(b) clause 4.4(2) insert the numbers “4.4” before “(1)”; and
(c) clause 4.5 is amended as follows—
(i) insert the words “take all reasonable steps” after the word “shall”; and
(ii) insert the word “to” before the words “cause or permit”.
1.19 Part 4, Division 3 amended
In Part 4, Division 3—
(a) clause 4.7 is deleted and the remaining clauses in Part 4, Division 3 are renumbered
accordingly;
(b) in clause 4.7 (formerly clause 4.8) delete subclause (1) and insert—
4.7 Stormwater disposal systems
(1) The owner or occupier of a lot shall ensure that all stormwater from the roof of each
building or house on the lot, or the overflow from rainwater storage tanks, is discharged
into stormwater drainage system, or discharged by other methods approved by the local
government, in accordance with AS/NZS 3500.
(c) delete clause 4.8 (formerly clause 4.9) and insert—
4.8 Disposal of swimming pool backwash
(1) The owner or occupier of land on which a swimming pool is constructed shall ensure that
all backwash is not permitted to discharge onto or run-off onto adjacent land so as to cause
a nuisance, or cause damage to any structures situated on adjacent land.
(2) The disposal of wastewater and backwash water from a swimming pool filtration system
or other water storage system associated with a swimming pool into an approved disposal
system or a soakwell system having a minimum capacity of 140 litres and located a
minimum of 1.8 metres away from any building or lot boundary, satisfies the requirement
of subclause 4.8(1).
1.20 Part 4, Division 4 amended
In Part 4, delete Division 4 and insert—
Division 4—Bird nuisance
4.9 Restrictions on feeding of birds
(1) A person shall not feed or provide food to any wild or uncaged bird that is not permitted to be
kept by them under this local law or another written law, so as to cause a nuisance.
(2) Where an authorised person is satisfied that a person has not complied with subclause 4.9(1)
the authorised person may serve the person a notice requiring the person to clean up and
properly dispose of any feed or waste products specified in the notice.
1.21 Part 4, Division 5 amended
In Part 4, Division 5—
(a) renumber clauses 4.11 and 4.12 to clauses 4.10 and 4.11 respectively;
(b) in clause 4.11(1) amend “Schedule 6” to “Schedule 2”; and
(c) in clause 4.11(2) insert the numbers “4.11” before “(1)”.
1.22 Part 5 amended
In clause 5.1 remove the subclause designator “(1)” and insert the words “or an authorised person” after
the words “local government”.
1.23 Part 6, Division 1 amended
In Part 6, Division 1—
(a) clause 6.3(1) is amended by deleting “3.6(2), 3.7(2), 3.10(1), 3.11(1)” and replacing with “3.8(2),
3.9(2), 3.12(1)”;
(b) in clause 6.3(2) insert the numbers “6.3” before “(1)”; and
(c) in clause 6.3(3) insert the numbers “6.3” before “(2)”.
1.24 Schedule 1—Pest Plants amended
In Schedule 1—
(a) Amend the table by inserting the following names in alphabetical order—
(i) African Daisy
Gazania sp.
(ii) Capeweed
Arctotheca calendula
(iii) Century Plant
Agave americana
(iv) Dolichos pea
Dipogon lignosus
(v) Fumitory
Fumaria capreolata
7 October 2024 GOVERNMENT GAZETTE, WA 2407
(vi) Geraldton Wax
Chamelaucium uncinatum
(vii) Golden Crown Beard
Verbesina encelioides
(viii) Pretty Betsy
Centranthus macrosiphon
(ix) Spiderwort
Tradescantia sp.
(x) Veldt Daisy
Osteospermum ecklonis
(xi) Vetch
Vicia sativa
(xii) Wild Gladiolus
Gladiolus undulatus, Gladiolus caryophyllaceus
(b) delete the reference to Madeira Creeper
Anredera Cordifolia.
1.25 Schedule 2—Pest Plant Notice
The Pest Plant Notice is amended by deleting “
Agriculture and Related Resources Protection Act 1976”
and inserting “
Biosecurity and Agriculture Management Act 2007”.
1.26 Schedule 3—Prescribed Offences
Delete the table in Schedule 3 and insert as follows—
Item
No.
Clause Description
Modified
Penalty—
First
Offence
Modified
Penalty—
Subsequent
Offences
1 2.2 Failure to comply with requirements for
keeping poultry $250 $500
2 2.3 Failure to comply with requirements for
keeping pigeons $250 $500
3 2.4 Failure to comply with requirements for
keeping aviary birds $250 $500
4 2.5 Keeping a rooster, goose or gander, turkey,
peacock, or peahen on premises $250 $500
5 2.6 Keeping birds so as to cause a nuisance $250 $500
6 2.7(1)(a) Keeping a farm animal without a permit $250 $500
7 2.11 Failure to comply with requirements for
keeping farm animals $250 $500
8 2.12 Nuisance caused by farm animal $250 $500
9 2.14 Failure to comply with requirements for
beekeeping $250 $500
10 2.15 Nuisance caused by bees or hives $250 $500
11 2.16 Failure to comply with notice to remove bees or
hives $250 $500
12 3.1(1)(a)
Failure to provide or maintain an Approved
Receptacle on a building site or development
site
$250 $500
13 3.1(1)(b) Failure to place, and secure, all building waste
in an Approved Receptacle $250 $500
14 3.1(1)(c) Failure to keep secure cover of Approved
Receptacle $250 $500
15 3.1(1)(d) Failure to maintain Approved Receptacle in an
effective and operable condition $250 $500
16 3.2 Failure to control refuse on a building site or
development site $250 $500
17 3.3 Unauthorised storage of materials $250 $500
18 3.4(1) Release or escape of dust, sand or sand drift or
liquid waste from land $250 $500
19 3.5
Failure to take reasonable steps to prevent a
load or any part of it escaping from a vehicle
during transportation
$250 $500
20 3.6 Failing to dispose of liquid waste in an
approved manner $250 $500
21 3.7 Failing to ensure no vegetation or other
material burnt $500 $500
22 3.8(1)(a)
Keeping or allowing to be kept on a lot refuse,
rubbish or disused material giving the land an
untidy appearance
$250 $500
2408 GOVERNMENT GAZETTE, WA 7 October 2024
Item
No.
Clause Description
Modified
Penalty—
First
Offence
Modified
Penalty—
Subsequent
Offences
23 3.8(1)(b)
Keeping on a lot refuse, rubbish or disused
material likely to adversely affect the health
and safety the inhabitants of that property or
adjoining property
$250 $500
24 3.9(1)(a)
Keeping or allowing to be kept on a lot
unsightly overgrowth of vegetation giving the
land an untidy appearance
$250 $500
25 3.9(1)(b)
Keeping on a lot unsightly overgrowth of
vegetation likely to adversely affect the health
and safety of the inhabitants of that property
or adjoining property
$250 $500
26 3.10 (1)(a)
Store or allow to remain on land more than one
vehicle, vessel or machinery in a state of
disrepair
$250 $500
27 3.10 (1)(b)
Store or allow to remain on land any vehicle,
vessel or machinery in a state of disrepair for a
period in excess of 1 month
$250 $500
28 3.10 (1)(c) Store or allow to remain on land any vehicle,
vessel or machinery parts (including tyres) $250 $500
29 3.10(1)(d) Wreck, dismantle or break up any vehicle part
or body, vessel or machinery $250 $500
30 3.10(1)(e) Wreck, dismantle or break up a vehicle, vessel
or machinery so as to cause a nuisance $250 $500
31 3.11 Disposing of disused refrigerator or similar
container with door or lid that can be fastened $250 $500
32 4.1 Erection or use of lighting installations other
than in accordance with requirements $250 $500
33 4.2 Emitting light more than 50 lux $250 $500
34 4.4 Non-compliant burning of rubbish, vegetation
or other materials $250 $500
35 4.5
Cause or permit the escape of smoke, fumes,
odours and other emissions so as to cause a
nuisance
$250 $500
36 4.6
Failure to ensure that all rainwater or storm
water received by a lot and any building, house
or structure on the lot, is contained within the
lot
$250 $500
37 4.7
Failure to maintain all subsurface stormwater
disposal systems in a good state of repair and
free from obstruction
$250 $500
38 4.8 Discharging swimming pool backwash onto
adjacent land $250 $500
39 4.9(1)(a)
Feeding an uncaged or wild bird causing a
nuisance $250 $500
40 4.11(2) Failure to comply with Pest Plant Notice $250 $500
41 6.4(1)(b) Failure to comply with notice $250 $500
Dated this 30th of September 2024.
The Common Seal of the City of Mandurah was affixed by authority of a resolution of the Council in
the presence of—
RHYS WILLIAMS, Mayor.
JAMES CAMPBELL-SLOAN, Acting Chief Executive Officer.
———————————
7 October 2024 GOVERNMENT GAZETTE, WA 2409
WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007
LOCAL GOVERNMENT ACT 1995
CITY OF MANDURAH
WASTE LOCAL LAW 2024
Under the powers conferred on it by the
Waste Avoidance and Resource Recovery Act 2007, the
Local
Government Act 1995 and under all other enabling powers, the Council of the City of Mandurah
resolved on 24 September 2024 to make the following local law.
PART 1—PRELIMINARY
1.1 Short title
This is the
City of Mandurah Waste Local Law 2024.
1.2 Commencement
This local law commences 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
The City of Mandurah’s Waste Management Local Law 2010, published in the
Government Gazette on
18 February 2011 and as amended on 20 July 2012, is repealed.
1.5 Meaning of the terms used in this local law
(1) In this local law—
authorised person means a person appointed by the local government under section 9.10 of the
LG Act to perform any of the functions of an authorised person under this local law;
collectable waste means local government waste that is not—
(a) liquid refuse;
(b) liquid waste; or
(c) non-collectable waste;
collectable waste receptacle means a receptacle for the deposit and collection of collectable
waste that is—
(a) a recycling waste receptacle;
(b) a general waste receptacle; or
(c) an organic waste receptacle;
collection, when used in relation to a receptacle, means the collection and removal of collectable
waste from the receptacle by the local government or its contractor;
collection day means the day determined by the local government for the collection of collectable
waste in the district or a part of the district;
collection time means the time on the collection day determined by the local government for the
collection of collectable waste in the district or a part of the district;
costs of the local government include administrative costs;
Council means the council of the local government;
district means the district of the local government;
general waste receptacle means a receptacle for the deposit and collection of collectable waste
that is not recycling waste;
LG Act means the
Local Government Act 1995;
LG
Regulations means the Local Government (Functions and General) Regulations 1996;
local government means
City of Mandurah;
local government waste has the same meaning as in the WARR Act;
non-collectable waste has the meaning set out in Schedule 1;
occupier in relation to premises, means any or all of the following—
(a) a person by whom or on whose behalf the premises are actually occupied; or
(b) a person having the management or control of the premises;
organic waste means waste that decomposes readily, such as garden waste or food waste;
organic waste receptacle means a receptacle for the deposit and collection of organic waste;
owner has the same meaning as in the LG Act;
public place includes a place to which the public ordinarily have access, whether or not by
payment of a fee;
2410 GOVERNMENT GAZETTE, WA 7 October 2024
receptacle, means a receptacle
—
(a) that has been supplied for the use of the premises by the local government or its
contractor, or which has otherwise been approved by the local government; and
(b) the waste from which is collected and removed from the premises by the local government
or its contractor;
recycling waste receptacle means a receptacle for the deposit and collection of recycling waste;
recycling waste 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;
specified means specified by the local government or an authorised person, as the case may be;
street alignment means the boundary between the land comprising a street and the land that
abuts the street;
WARR Act means the
Waste Avoidance and Resource Recovery Act 2007;
WARR Regulations means the
Waste Avoidance and Resource Recovery Regulations 2008;
waste has the same meaning as in the WARR Act;
waste facility means a waste facility, as defined in the WARR Act, that is operated by the local
government; and
waste service has the same meaning as in the WARR Act.
(2) 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.
1.6 Local public notice of determinations
Where, under this local law, the local government has a power to determine a matter–
(a) local public notice, under section 1.7 of the LG Act, must be given of the matter determined;
(b) the determination becomes effective only after local public notice has been given;
(c) the determination remains in force for the period of one year after the date that local public
notice has been given under subclause (a);
(d) after the period referred to in subclause (c), the determination continues in force only if, and
for so long as, it is the subject of local public notice, given annually, under section 1.7 of the LG
Act; and
(e) the determination must be recorded in a publicly accessible register of determinations that
must be maintained by the local government.
1.7 Rates, fees and charges
The local government’s powers to impose rates, fees and charges in relation to waste services are set
out in sections 66 to 68 of the WARR Act and sections 6.16 and 6.17 of the LG Act.
1.8 Power to provide waste services
The local government’s power to provide, or enter into a contract for the provision of, waste services is
dealt with in section 50 of the WARR Act.
PART 2—LOCAL GOVERNMENT WASTE
2.1 Supply of receptacles
(1) The local government is to supply, for the use of each premises that are, or are capable of being,
occupied or used for residential purposes, one or more receptacles for the collection and removal,
from those premises, of collectable waste.
(2) The owner of premises to which subclause (1) applies must—
(a) ensure that the fee or charge (if any) imposed by the local government in relation to each
receptacle is paid to the local government; and
(b) ensure that each receptacle is used, in respect of those premises, in accordance with this local
law.
2.2 Deposit of waste in receptacles
(1) An owner or occupier of premises must not deposit or permit to be deposited in a receptacle any
non-collectable waste.
(2) A person must not deposit waste in a receptacle that has been provided for the use of other premises
without the consent of the owner or occupier of those premises.
7 October 2024 GOVERNMENT GAZETTE, WA 2411
2.3 General waste receptacles
(1) An owner or occupier of premises must not deposit or permit to be deposited in a general waste
receptacle—
(a) where the receptacle has a capacity of 240 litres—more than 70 kilograms of collectable waste;
or
(b) where the receptacle has any other capacity—more than the weight determined by the local
government.
(2) Where the local government supplies recycling waste receptacles, an owner or occupier of premises
must not deposit or permit to be deposited in a general waste receptacle any recycling waste.
(3) Where the local government supplies organic waste receptacles, an owner or occupier of premises
must not deposit or permit to be deposited in a general waste receptacle any organic waste.
2.4 Recycling waste receptacles
An owner or occupier of premises must not deposit or permit to be deposited in a recycling waste
receptacle—
(a) anything other than the particular type of recycling waste for which that receptacle was
provided by the local government for those premises;
(b) where the receptacle has a capacity of 240 litres— more than 70 kilograms of recycling waste;
or
(c) where the receptacle has any other capacity—more than the weight determined by the local
government.
2.5 Organic waste receptacles
An owner or occupier of premises must not deposit or permit to be deposited in an organic waste
receptacle—
(a) anything other than the particular type of organic waste for which that receptacle was provided
by the local government for those premises;
(b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of organic waste; or
(c) where the receptacle has any other capacity—more than the weight determined by the local
government.
2.6 Direction to place or remove a receptacle
(1) The local government or an authorised person may give a written direction to an owner or occupier
of specified premises—
(a) to place a receptacle in respect of those premises for collection; or
(b) to remove a receptacle in respect of those premises after collection.
(2) The direction under subclause (1) may specify when the placement or removal is to occur, or where
the receptacle is to be placed, or both.
(3) An owner or occupier of premises must comply with a direction given under this clause.
2.7 Duties of owner or occupier
An owner or occupier of premises must—
(a) except for a reasonable period before and after collection time, keep each receptacle in a storage
space or area that is behind the street alignment;
(b) take reasonable steps, if placing a receptacle for collection on the verge adjoining the premises,
or other area as determined by the local government, ensure that, within a reasonable period
before collection time, each receptacle is—
(i) within 1 metre of the carriageway;
(ii) placed so that it does not unduly obstruct any footpath, cycle way, right-of-way, or
carriageway; and
(iii) facing squarely to the edge of and opening towards the carriageway, or in such other
position as is approved in writing by the local government or an authorised person; and
(c) if the receptacle is lost, stolen, damaged or defective, notify the local government, as soon as
practicable, after the event.
2.8 Exemption
(1) An owner or occupier of premises may apply in writing to the local government for an exemption
from compliance with the requirements of clause 2.7(a) or (b).
(2) The local government or an authorised person may grant, with or without conditions, or refuse an
application for exemption from compliance under this clause.
(3) An exemption granted under this clause must state—
(a) the premises to which the exemption applies;
(b) the period during which the exemption applies; and
(c) any conditions imposed by the local government or the authorised person.
(4) An exemption granted under this clause ceases to apply—
(a) if the local government decides, on reasonable grounds, that there has been a failure to comply
with a condition of the exemption; and
2412 GOVERNMENT GAZETTE, WA 7 October 2024
(b) from the date that the local government informs the owner or occupier of its decision under
clause 2.8(4)(a).
2.9 Damaging or removing receptacles
A person, other than the local government or its contractor, must not—
(a) damage, destroy or interfere with a receptacle; or
(b) except as permitted by this local law or as authorised by the local government or an authorised
person, remove a receptacle from any premises to which it was delivered by the local
government or its contractor.
2.10 Verge collections
(1) Where the local government has advertised a verge waste collection (such as a green waste, or a
bulk waste, verge collection) a person, unless with and in accordance with the approval of the local
government or an authorised person—
(a) must deposit waste only during the period of time, and in accordance with other terms and
conditions, as advertised by the local government in relation to that verge waste collection; and
(b) must otherwise comply with those terms and conditions.
(2) Where waste has been deposited on a verge for a verge waste collection, a person must not remove
any of that waste for a commercial purpose but may remove it for any other purpose.
(3) Except where waste is lawfully removed from a verge under this clause, a person must not
disassemble or tamper with any waste deposited on a verge for a verge waste collection so as to
increase the risk of harm to any person.
(4) Clause 2.10(2) does not apply to the local government or a person engaged or contracted by the local
government in relation to the verge waste collection.
PART 3—GENERAL DUTIES
3.1 Duties of an owner or occupier
An owner or occupier of premises must—
(a) take reasonable steps to ensure that a sufficient number of receptacles are provided to contain
all waste which accumulates or may accumulate in or from the premises;
(b) ensure that each receptacle is kept in good condition and repair;
(c) take all reasonable steps to—
(i) prevent fly breeding and keep each receptacle free of flies, maggots, cockroaches, rodents
and other vectors of disease;
(ii) prevent the emission of offensive or noxious odours from each receptacle; and
(iii) ensure that each receptacle does not cause a nuisance to an occupier of adjoining
premises; and
(d) whenever directed to do so by the local government or an authorised person, thoroughly clean,
disinfect, deodorise and apply a residual insecticide to each receptacle.
3.2 Removal of waste from premises
(1) A person must not remove any waste from premises unless that person is—
(a) the owner or occupier of the premises;
(b) authorised to do so by the owner or occupier of the premises; or
(c) authorised in writing to do so by the local government or an authorised person.
(2) A person must not remove any waste from a receptacle without the approval of—
(a) the local government or an authorised person; or
(b) the owner or occupier of the premises at which the receptacle is ordinarily kept.
3.3 Receptacles and containers for public use
A person must not, without the approval of the local government or an authorised person—
(a) deposit household, commercial or other waste from any premises on or into; or
(b) remove any waste from,
a receptacle provided for the use of the general public in a public place.
PART 4—OPERATION OF WASTE FACILITIES
4.1 Operation of this Part
This Part applies to a person who enters a waste facility.
4.2 Hours of operation
The local government may from time to time determine the hours of operation of a waste facility.
4.3 Signs and directions
(1) The local government or an authorised person may regulate the use of a waste facility—
(a) by means of a sign; or
7 October 2024 GOVERNMENT GAZETTE, WA 2413
(b) by giving a direction to a person within a waste facility.
(2) A person within a waste facility must comply with a sign or direction under subclause (1).
(3) The local government or an authorised person may direct a person who commits, or is reasonably
suspected by the local government or the authorised person of having committed, an offence under
this clause to leave the waste facility immediately.
(4) A person must comply with a direction under subclause (3).
4.4 Fees and charges
(1) Unless subclause (3) applies, a person must, on or before entering a waste facility or on demand by
the local government or an authorised person, pay the fee or charge as assessed by an authorised
person.
(2) An authorised person may assess the fee or charge in respect of a particular load of waste at a rate
that applies to any part of that load, even if that rate is higher than the rate that would apply to
any other part of the load.
(3) Subclause (1) does not apply—
(a) to a person who disposes of waste in accordance with the terms of—
(i) a credit arrangement with the local government; or
(ii) any other arrangement with the local government to pay the fee or charge at a different
time or in a different manner; and
(b) to the deposit of waste owned by the local government, or in the possession of an employee on
behalf of the local government.
4.5 Depositing waste
(1) A person must not deposit waste at a waste facility other than—
(a) at a location determined by a sign and in accordance with the sign; and
(b) in accordance with the direction of an authorised person.
(2) The local government may determine the classification of any waste that may be deposited at a
waste facility.
4.6 Prohibited activities
(1) Unless authorised by the local government, a person must not—
(a) remove any waste or any other thing from a waste facility;
(b) deposit at a waste facility that is a landfill site any waste that is toxic, poisonous or hazardous,
or the depositing of which is regulated or prohibited by any written law;
(c) light a fire in a waste facility;
(d) remove, damage or otherwise interfere with any flora in a waste facility;
(e) remove, injure or otherwise interfere with any fauna in a waste facility; or
(f) damage, deface or destroy any building, equipment, plant or property within a waste facility.
(2) A person must not act in an abusive or threatening manner towards any person using, or engaged
in the management or operation of, a waste facility.
PART 5—ENFORCEMENT
5.1 Objection and appeal rights
Division 1 of Part 9 of the LG Act applies to a decision under this local law to grant, renew, vary or
cancel—
(a) an approval under clause 2.7(b);
(b) an exemption under clause 2.8(2);
(c) an approval under clause 2.9(b);
(d) an approval under clause 2.10(1);
(e) an authorisation under clause 3.2(1)(c);
(f) an approval under clause 3.2(2); and
(g) an approval under clause 3.3.
5.2 Offences and general penalty
(1) A person who fails to do anything required or directed to be done under this local law, or who does
anything which under this local law a 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
$500 in respect of each day or part of a day during which the offence has continued.
5.3 Other costs and expenses
(1) A person who is convicted of an offence under this local law is to be liable, in addition to any penalty
imposed under clause 5.2, to pay to the local government the costs and expenses incurred by the
local government in taking remedial action such as—
(a) removing and lawfully disposing of toxic, hazardous or poisonous waste; or
2414 GOVERNMENT GAZETTE, WA 7 October 2024
(b) making good any damage caused to a waste facility.
(2) The costs and expenses incurred by the local government are to be recoverable, as a debt due to the
local government, in a court of competent civil jurisdiction.
5.4 Prescribed offences
(1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section
9.16(1) of the LG Act.
(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause
in Schedule 2.
5.5 Form of notices
(1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in
section 9.13 of the LG Act is that of Form 1 in Schedule 1 of the LG Regulations.
(2) The form of the infringement notice given under section 9.16 of the LG Act is that of Form 2 in
Schedule 1 of the LG Regulations.
(3) The form of the infringement withdrawal notice given under section 9.20 of the LG Act is that of
Form 3 in Schedule 1 of the LG Regulations.
————
SCHEDULE 1—MEANING OF ‘NON-COLLECTABLE WASTE’
[Clause 1.5(1)]
non-collectable waste means—
(a) hot or burning material;
(b) household hazardous waste, including paint, acids, alkalis, fire extinguishers, solvents,
pesticides, oils, gas cylinders, batteries, chemicals and heavy metals;
(c) any other hazardous material, such as radioactive waste;
(d) any explosive material, such as flares or ammunition;
(e) electrical and electronic equipment;
(f) hospital, medical, veterinary, laboratory or pathological substances;
(g) construction or demolition waste;
(h) sewage;
(i) ’controlled waste’ for the purposes of the
Environmental Protection (Controlled Waste)
Regulations 2004;
(j) any object that is greater in length, width, or breadth than the corresponding dimension of the
receptacle or that will not allow the lid of the receptacle to be tightly closed;
(k) waste that is or is likely to become offensive or a nuisance, or give off an offensive or noxious
odour, or to attract flies or cause fly breeding unless it is first wrapped in non-absorbent or
impervious material or placed in a sealed impervious and leak-proof container; and
(l) any other waste determined by the local government to be non-collectable waste.
————
SCHEDULE 2
City of Mandurah
Waste Local Law 2024
Prescribed Offences
Item
No. Clause No. Description Modified
Penalty
1 2.1(2)(a) Failing to pay fee or charge $350
2 2.1(2)(b) Failing to ensure lawful use of receptacle $350
3 2.2(1) Depositing non-collectable waste in a receptacle $350
4 2.2(2) Depositing waste in another receptacle without consent $350
5 2.3(1) Exceeding weight capacity of a general waste receptacle $350
6 2.3(2) & (3) Depositing unauthorised waste in a general waste
receptacle $350
7 2.4(a) Depositing unauthorised waste in a recycling waste
receptacle $350
8 2.4(b) & (c) Exceeding weight capacity of a recycling waste receptacle $250
9 2.5(a) Depositing unauthorized waste in an organic waste
receptacle $350
10 2.5(b) & (c) Exceeding weight capacity of an organic waste receptacle $350
7 October 2024 GOVERNMENT GAZETTE, WA 2415
Item
No. Clause No. Description Modified
Penalty
11 2.6(3) Failing to comply with a direction concerning placement or
removal of a receptacle $250
12 2.7(a) Failing to keep a receptacle in the required location $250
13 2.7(b) Failing to place a receptacle for collection in a lawful
position $250
14 2.7(c) Failing to notify of a lost, stolen, damaged or defective
receptacle $250
15 2.9(a) Damaging, destroying or interfering with a receptacle $400
16 2.9(b) Removing a receptacle from premises $400
17 2.10(1) Failing to comply with a term or condition of verge waste
collection $400
18 2.10(2) Removing waste for commercial purposes $350
19 2.10(3) Disassembling or leaving in disarray waste deposited for
collection $250
20 3.1(a) Failing to provide a sufficient number of receptacles $250
21 3.1(b) Failing to keep a receptacle clean and in a good condition
and repair $250
22 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a
receptacle $350
23 3.1(c)(ii) Failing to prevent the emission of offensive odours from a
receptacle $350
24 3.1(c)(iii) Allowing a receptacle to cause a nuisance $350
25 3.1(d) Failing to comply with a direction to clean, disinfect or
deodorise receptacle $300
26 3.2(1) Unauthorised removal of waste from premises $250
27 3.2(2) Removing waste from a receptacle without approval $250
28 4.3(2) Failing to comply with a sign or direction $500
29 4.3(4) Failing to comply with a direction to leave $500
30 4.4(1) Disposing waste without payment of fee or charge $500
31 4.5(1) Depositing waste contrary to sign or direction $500
32 4.6(1)(a) Removing waste without authority in a waste facility $250
33 4.6(1)(b) Depositing toxic, poisonous or hazardous waste at a waste
facility $500
34 4.6(1)(c) Lighting a fire in a waste facility $300
35 4.6(1)(d) Removing or interfering with any flora in a waste facility $300
36 4.6(1)(e) Removing or interfering with any fauna without approval
in a waste facility $300
37 4.6(1)(f) Damaging, defacing or destroying any building, equipment,
plant or property within a waste facility $500
38 4.6(2) Acting in an abusive or threatening manner $300
Dated this 30th of September 2024.
The Common Seal of the City of Mandurah was affixed by authority of a resolution of the Council in
the presence of—
RHYS WILLIAMS, Mayor.
JAMES CAMPBELL-SLOAN, Acting Chief Executive Officer.
Consented to—
ALISTAIR JONES, Director General,
Department of Water and Environmental Regulation.
Dated this 5th of August 2024.
———————————