City of Mandurah Waste Local Law 2024

2397 ISSN 2204-4264 (online) PERTH, MONDAY, 7 OCTOBER 2024 No. 122 SPECIAL PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA CITY OF MANDURAH ——————————— LOCAL GOVERNMENT ACT 1995 HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911 BIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007 ANIMALS ENVIRONMENT AND NUISANCE AMENDMENT LOCAL LAW 2024 ———— WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007 LOCAL GOVERNMENT ACT 1995 WASTE LOCAL LAW 2024 ———————————

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;

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. ———————————