54GOVERNMENT GAZETTE, WA 4 January 2017

54 GOVERNMENT GAZETTE, WA 4 January 2017 2.13 Nuisance caused by birds An owner or occupier of land shall not keep any bird or birds which— (a) are or create a nuisance; or (b) emit an unreasonable noise. Division 3—Keeping of bees 2.14 Definition In this Division, unless the context otherwise requires, licence means a licence to keep bees issued under this local law. 2.15 Licence required to keep bees (1) Subject to the provisions of this clause, a person shall not keep bees or allow bees to be kept on land except in accordance with a valid licence issued in relation to the land. (2) Subclause (1) does not apply where— (a) the land is outside the townsite; and (b) the bees are kept— (i) at least 500 metres from a thoroughfare; or (ii) less than 500 metres from a thoroughfare but the vegetation or a screen or other barrier on the land is such as to encourage the bees to fly at a height over the thoroughfare as will not create a nuisance to users of the thoroughfare. (3) Subclause (1) does not apply where an occupier of land keeps bees on the land— (a) for a continuous period not exceeding 8 weeks; and (b) for the purpose of pollinating a crop on the land. (4) An occupier referred to in subclause (3), in keeping bees under that subclause, shall provide a good and sufficient water supply on the land which is readily accessible by the bees. (5) Subclause (1) does not apply where a person keeps bees on Crown land. 2.16 Application for a licence An applicant for a licence shall— (a) provide such details as may be required by the local government; (b) apply in the form approved by the local government; and (c) pay any application fee imposed and determined by the local government under sections 6.16 to 6.19 of the Act. 2.17 Determination of application (1) The local government may— (a) refuse to determine an application for a licence which does not comply with clause 2.16; and (b) approve an application for a licence subject to the conditions referred to in clause 2.15 and to such other conditions as it considers appropriate; or (c) refuse to approve an application for a licence. (2) Where an application for a licence is approved subject to conditions, the licence holder is to comply with those conditions or is to cause those conditions to be complied with. (3) Where the local government approves an application under subclause (1)(b), it is to issue to the applicant a licence in the form approved by the local government. (4) A licence is valid from the date of issue unless, and until, it is cancelled under this local law. 2.18 Conditions of approval (1) Without limiting the generality of paragraph 2.17(1)(b) an application for a licence may be approved by the local government subject to the following conditions— (a) the provision of a good and sufficient water supply on the land which is readily accessible by the bees on the land; (b) each bee hive shall be— (i) kept at a distance specified by the local government from any thoroughfare, public place or boundary of the land; or (ii) located near a screen or other barrier so as to prevent the bees flying low over a thoroughfare, public place or adjoining land; (iii) no more than 2 bee hives are to be kept on land of less than 2000 square metres in area; and (iv) no more than 15 bee hives are to be kept on land between 2000 square metres and 20000 square metres in area. (2) In respect of a particular application for a licence, the local government may vary any of the conditions referred to in subclause (1). 2.19 Variation or cancellation of licence and conditions (1) The local government may vary the conditions of a licence after it has been issued.