City of Wanneroo Cat Local Law 2023

3849 ISSN 2204-4264 (online) PERTH, THURSDAY, 30 NOVEMBER 2023 No. 156 SPECIAL PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA CAT ACT 2011 LOCAL GOVERNMENT ACT 1995

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CITY OF WANNEROO ——————————— CAT LOCAL LAW 2023

30 November 2023 GOVERNMENT GAZETTE, WA 3851 CAT ACT 2011 LOCAL GOVERNMENT ACT 1995 CITY OF WANNEROO CAT LOCAL LAW 2023 Under the powers conferred by the Cat Act 2011, the Local Government Act 1995 and all other powers enabling it, the Council of the City of Wanneroo resolved on 21 November 2023 to make the following local law. PART 1 PRELIMINARY

1. Title This is the City of Wanneroo Cats Local Law 2023.
2. Commencement This local law comes into operation on the fourteenth day after the day on which it is published in the Government Gazette.
3. Repeal The City of Wanneroo Cat Local Law 2016 published in the Government Gazette on 28 July 2016, is repealed.
4. Terms Used (1) In this local law, unless the context otherwise requires— Act means the Cat Act 2011; application means an application for an approval; approval means approval under regulation 9 of the Cat (Uniform Local Provisions) Regulations 2013 and Part 2 of this local law; applicant means a person who has made an application for approval; authorised person means a person appointed by the local government to perform the functions conferred on an authorised person under this local law; cat has the meaning given to it in the Act; cat control notice has the meaning given to it in the Act; cat management facility has the meaning given to it in the Act; CEO means the Chief Executive Officer of the local government; district means the district of the local government; local government means the City of Wanneroo; local planning scheme means a local planning scheme made by the local government under the Planning and Development Act 2005; nuisance means— (a) an activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law; (b) an unreasonable interference with the use and enjoyment of a person of his or her ownership or occupation of land; or (c) interference which causes material damage to land or other property on the land affected by the interference. Owner has the meaning given to it in the Act; person means person or any word or expression descriptive of a person includes a public body, company, or association or body of persons, corporate or unincorporate. Premises has the meaning given to it in the Act; and schedule means a schedule to this local law. (2) A term that is used in this local law and is not defined in subclause (1) has the same meaning given to it in the Act or, if not defined in the Act, the same meaning given to it in the Cat Regulations 2012, the Cat (Uniform Local Provisions) Regulations 2013 or the Local Government Act 1995.
5. Application This local law applies throughout the district.

3852 GOVERNMENT GAZETTE, WA 30 November 2023 PART 2 NUMBER OF CATS THAT MAY BE KEPT 2.1. Interpretation For the purposes of applying this Part, a cat does not include a cat less than 6 months old. 2.2. Prescribed premises For the purposes of the definition of prescribed premises in regulation 4(1) of the Cat (Uniform Local Provisions) Regulations 2013, this local law limits the number of cats that may be kept at any premises within the district except— (a) a cat management facility operated by a body prescribed as a cat management facility operator under the Cat Regulations 2012; (b) a cat management facility operated by the local government; or (c) a veterinary clinic or veterinary hospital as defined under section 2 of the Veterinary Surgeons Act 1960, but only in relation to cats kept on those premises for treatment. 2.3. ‘Standard number of cats’ For the purposes of the definition of standard number of cats in regulation 4(1) of the Cat (Uniform Local Provisions) Regulations 2013, no more than 3 cats may be kept on premises at which a member of a cat organisation is not ordinarily resident. 2.4. Application for approval (1) An application for approval to keep an additional number of cats at prescribed premises is dealt with in regulation 8 of the Cat (Uniform Local Provisions) Regulations 2013. (2) An application for approval must be accompanied by the application fee determined by the local government. 2.5. Determining an application (1) For the purpose of determining whether to grant approval for an application to keep an additional number of cats at prescribed premises, the local government must have regard to— (a) the zoning of the land under the local planning scheme; (b) the physical suitability of the premises for the proposed use; (c) the environmental sensitivity and general nature of the location surrounding the premises for the proposed use; (d) the structural suitability of any enclosure in which any cat is to be kept; (e) the likelihood of a cat causing a nuisance, inconvenience or annoyance to an occupier of adjoining land; (f) the likely effect on the amenity of the surrounding area of the proposed use; (g) the likely effect on the local environment including any pollution or other environmental damage, which may be caused by the proposed use; and (h) any other factors which the local government considers to be relevant in the circumstances of the application. (2) A determination is to be in the form determined by the CEO and is to be issued to the applicant. 2.6. Renewal of an application (1) An application is to be renewed if— (a) the applicant has not breached the conditions of the approval; (b) the approval would have been granted if a fresh application for approval had been made; and (c) the renewal fee, imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995, is paid to the local government before the expiry of the approval. (2) On the renewal of an approval, the conditions of the approval that applied immediately before the renewal continue to have effect. 2.7. Transfer of an approval (1) An approval relates only to the premises specified in the approval, and only to the applicant specified in the approval, and is transferrable only in accordance with this clause. (2) An application for the transfer of an approval from the applicant to another person must be— (a) made in the form determined by the CEO; (b) made by the proposed transferee; (c) made with the consent of the applicant; and (d) lodged with the local government together with the fee for the application for the transfer of an approval that is imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. (3) The local government is not to determine an application for the transfer of an approval until the proposed transferee has complied with subclause (2).

30 November 2023 GOVERNMENT GAZETTE, WA 3853 (4) The local government may grant, or refuse to grant an application for the transfer of an approval, and this approval will be subject to such conditions as the local government may impose under Regulation 9(3) of the Cat (Uniform Local Provisions) Regulations 2013. (5) Where the local government grants an application for the transfer of an approval— (a) it is to issue to the transferee an approval in the form determined by the CEO; and (b) on the date of approval, unless otherwise specified in the approval, the transferee becomes the applicant for the purposes of this local law. 2.8. Variation or cancellation of an approval (1) The local government may, at any time, vary the conditions of an approval by giving written notice to the permit holder and specifying the date on which the changes will become effective. (2) The local government may cancel an approval— (a) on the request of the applicant; (b) if the applicant breaches the Act, the Cat Regulations 2012, the Cat (Uniform Local Provisions) Regulations 2013 or this local law; or (c) if the applicant is not a fit and proper person to provide for the health and welfare of the cats. (3) If an approval is cancelled, the fee paid for the approval is not refundable for the term of the approval that has not yet expired. PART 3—CAT CONTROL 3.1. Cat prohibited areas (1) A cat must not be in a cat-prohibited area specified in Schedule 1 at any time. (2) If a cat is in a cat-prohibited area in contravention of subclause 3.1(1), then— (a) the owner of the cat commits an offence; and (b) an authorised person may seize and impound the cat and deal with the cat pursuant to the Act. 3.2. Cat not to be a nuisance (1) The owner of a cat must prevent the cat from creating a nuisance. (2) Where in the opinion of an authorised person, a cat is creating a nuisance, an authorised person may give a cat control notice to the owner of the cat requiring that person to abate the nuisance. (3) When a nuisance has occurred and a notice to abate the nuisance is given, the notice remains in force for a period specified on the notice which must not exceed 28 days. (4) The owner of a cat given the notice to abate the nuisance must comply with the notice within the period specified in the notice. (5) A cat control notice under subclause 3.2(2) must be Form 3 of the Cat Regulations 2012. PART 4—OBJECTIONS AND APPEALS 4.1 Objections and appeals (1) A person who is aggrieved by a decision of the local government made under clauses 2.5, 2.7, 2.8 or 2.9 is a decision to which Part 9 Division 1, of the Local Government Act 1995 applies. (2) The form of an objection is Form 8 in the Cat Regulations 2012, Schedule 1 PART 5—ENFORCEMENT 5.1. Infringement Notices (1) The issue of infringement notices, their withdrawal and the payment of modified penalties are dealt with in Part 4, Division 4 of the Act. (2) An infringement notice in respect of an offence against this local law may be given under Section 62 of the Act and is to be in the form of Schedule 1, Form 6 of the Cat Regulations 2012. (3) A notice sent under Section 65 of the Act withdrawing an infringement notice is to be in the form of Schedule 1, Form 7 of the Cat Regulations 2012. 5.2 Serving of infringement notices An infringement notice served under section 62 of the Act or this local law may be given to a person— (a) personally; (b) by registered mail addressed to the person; or (c) by leaving it for the person at her or his address. 5.3 General offence and penalty provisions (1) Any 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 that person is prohibited from doing, commits an offence. (2) An offence against any provision of this local law is a prescribed offence for the purposes of Section 84 of the Act. (3) Unless otherwise specified, any 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

3854 GOVERNMENT GAZETTE, WA 30 November 2023 penalty not exceeding a fine of $500 in respect of each day or part of a day during which the offence has continued. (4) The amount appearing in the final column of Schedule 2 directly opposite an offence described in that Schedule, is the modified penalty for that offence. Schedule 1 Cat Prohibited Areas Common Name Reserve/Lot Number Location (bound by or accessed from) Lake Gnangara Park—Gnangara As shown in Map 1 Sydney Road, Gnangara Road, Alexander Drive, Vintage Lane, Heritage Terrace Badgerup Reserve— Wanneroo As shown in Map 2 Badjerup Road and Benmuni Road Lake Adams— Mariginiup As shown in Map 3 Neaves Road, Lee-Steere Drive and Coogee Road Koondoola Open Space and Reserve (including Waddington Park and Rendell Park)—Koondoola As shown in Map 4 Alexander Drive, Waddington Crescent, Beach Road, Koondoola Avenue and Marangaroo Drive Chancellor Park and Marangaroo Golf Course— Marangaroo As shown in Map 5 Le Grand Gardens, Caroline Green, Decourcey Way, Chancellor Rise and Hepburn Avenue Lake Joondalup Foreshore— Wanneroo As shown in Map 6 Scenic Drive, Poinciana Place, Ocean Reef Road, Tyne Crescent, James Spiers Drive, Banyadah Boulevard, Donnelly Ramble, Pinjar Park— Nerabup As shown in Map 7 Old Yanchep Road, Pederick Road, Tandos Road Landsdale Park— Darch As shown in Map 8 Hepburn Avenue, Lansdale Road Hepburn Park— Landsdale As shown in Map 9 Hepburn Avenue, Lansdale Road, Alexander Drive, Candlestick Avenue Donnelly Park— Wanneroo As shown in Map 10 Donnelly Ramble Banyandah Park— Wanneroo As shown in Map 11 Banyandah Boulevard, Scenic Drive, Donnelly Ramble Lake Joondalup Park—Wanneroo As shown in Map 12 Scenic Drive Scenic Park— Wanneroo As shown in Map 13 Scenic Drive Rotary Park— Wanneroo As shown in Map 14 Scenic Drive Studmaster Park— Wanneroo As shown in Map 15 Tyne Crescent, James Spiers Drive Panzano Park— Woodvale As shown in Map 16 Woodvale Drive, Panzano Circuit, Cosimo Drive Rosso Park— Woodvale As shown in Map 17 Rosso Meander, Solaia Loop Solana Park— Woodvale As shown in Map 17 Rosso Meander, Solaia Loop Quinns Foreshore Reserve—Quinns Rocks As shown in Map 18 Seaham Way, Kinsale Drive, Quinss Road Foreshore Reserve—Mindarie As Shown in Map 19 Alexandria View, Glendsanda Way, Long Beach Promenade, Clarecastle Retreat, Kinsale Drive, Quinns Road Foreshore Reserve—Quinns Rocks As shown in Map 20 Quinns Road, Ocean Drive, Waterland Point, St Anthony Avenue Foreshore Reserve—Jindalee As shown in Map 21 St Anthony Avenue, Maritime Drive, Jindalee Boulevard, Aurora Esplanade, Bathers Promenade

30 November 2023 GOVERNMENT GAZETTE, WA 3855 Map 1—Lake Gnangara Park—Gnangara, cat prohibited area Common Name Reserve/Lot Number Location (bound by or accessed from) Foreshore Reserve—Alkimos (South) As shown in Map 22 Graceful Boulevard, Coolangatta Rise Foreshore Reserve- Alkimos (North) As shown in Map 23 Portside Promenade, Almond Street Foreshore Reserve—Eglinton As shown in Map 24 Idyllic View, Celeste Street Foreshore Reserve—Yanchep As shown in Map 25 Trumpster Parade, Forteshore Vista, Compass Circle, Brazier Road, Capricorn Esplenade, Holiday Way, Foreshore Reserve—Two Rocks As shown in Map 26 Spot View, Two Rocks Road, Jordan Street, Marcon Street, Australis Drive, Pope Street, Sovereign Drive Poinciana Park— Wanneroo As shown in Map 27 Poinciana Place, Scenic Drive Kinsale Park— Mindarie As shown in Map 28 Caldale Close, Kinsale Drive, Duncanno Rise, Seaham Way, Chalmers Court

3856 GOVERNMENT GAZETTE, WA 30 November 2023 Map 2—Badgerup Reserve—Wanneroo, cat-prohibited area Map 3—Lake Adams—Mariginiup, cat-prohibited area

30 November 2023 GOVERNMENT GAZETTE, WA 3857 Map 4—Koondoola Regional Open Space and Reserve Waddington Park and Rendell Park—Koondoola, cat prohibited area Map 5—Chancellor Park and Marangaroo Golf Course—Marangaroo, cat prohibited area

3858 GOVERNMENT GAZETTE, WA 30 November 2023 Map 6—Lake Joondalup Foreshore—Wanneroo, cat prohibited area Map 7—Pinjar Park—Neerabup, cat prohibited area

30 November 2023 GOVERNMENT GAZETTE, WA 3859 Map 8—Landsdale Park—Darch, cat prohibited area Map 9—Hepburn Park—Landsdale, cat prohibited area

3860 GOVERNMENT GAZETTE, WA 30 November 2023 Map 10—Donnelly Park—Wanneroo, cat prohibited area Map 11—Banyandah Park—Wanneroo, cat prohibited area

30 November 2023 GOVERNMENT GAZETTE, WA 3861 Map 12—Lake Joondalup Park—Wanneroo, cat prohibited area Map 13—Scenic Park—Wanneroo, cat prohibited area

3862 GOVERNMENT GAZETTE, WA 30 November 2023 Map 14—Rotary Park—Wanneroo, cat prohibited area Map 15—Studmaster Park—Wanneroo, cat prohibited area

30 November 2023 GOVERNMENT GAZETTE, WA 3863 Map 16—Panzano Park—Woodvale, cat prohibited area Map 17—Rosso and Solana Park—Woodvale, cat prohibited area

3864 GOVERNMENT GAZETTE, WA 30 November 2023 Map 18—Quinns Foreshore Reserve Quinns Rocks, cat prohibited area Map 19—Foreshore Reserve—Mindarie, cat prohibited area

30 November 2023 GOVERNMENT GAZETTE, WA 3865 Map 20—Foreshore Reserve—Quinns Rocks, cat prohibited area Map 21—Foreshore Reserve—Jindalee, cat prohibited area

3866 GOVERNMENT GAZETTE, WA 30 November 2023 Map 22—Foreshore Reserve—Alkimos (South), cat prohibited area Map 23—Foreshore Reserve—Alkimos (North), cat prohibited area

30 November 2023 GOVERNMENT GAZETTE, WA 3867 Map 24—Foreshore Reserve—Eglinton- cat-prohibited area Map 25—Foreshore Reserve—Yanchep, cat prohibited area

3868 GOVERNMENT GAZETTE, WA 30 November 2023 Map 26—Foreshore Reserve—Two Rocks, cat prohibited area Map 27—Poinciana Park—Wanneroo, cat prohibited area

30 November 2023 GOVERNMENT GAZETTE, WA 3869 Map 28—Kinsale Park—Mindarie, cat prohibited area SCHEDULE 2 Prescribed Offences and Modified Penalties Offence Description Modified Penalty Units 1 2.3(1) Keeping more than the standard number of cats without an approval 20 2 2.6 Failure to comply with a condition of an approval 20 3 3.1(1) Cat in a prohibited area 20 4 3.2(1) Cat causing nuisance 20 5 3.2(4) Failure to comply with a cat control notice 20 Note: Penalty Units are prescribed in the City of Wanneroo Penalty Units Local Law 2015. Dated: 28th November 2023. The Common Seal of the City of Wanneroo was affixed by authority of a resolution of the Council in the presence of— LINDA AITKEN JP, Mayor. NOELENE JENNINGS PSM, Acting Chief Executive Officer.