56 GOVERNMENT GAZETTE, WA 4 January 2017
(2) Where an application for a licence is approved subject to conditions, the licence holder shall
comply with those conditions or cause compliance with those conditions.
(3) Where the local government approves an application under paragraph (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 until 30 June the following year, unless it is cancelled prior
to that date under this local law.
2.28 Conditions of approval to keep farm animals
(1) A licence shall not be granted pursuant to clause 2.25—
(a) unless the land for which the approval is sought is of such dimensions and configuration as
will permit the subject animal to be confined in a minimum cleared area of 150 square metres
and prevented from approaching within 15 metres of any residential building, Class 6
building or Class 9 building, business premises or food premises;
(b) in the case of a horse (other than a miniature horse) or cattle, unless the land for which the
approval is sought has a minimum area of 1 hectare;
(c) for the keeping of any pig (other than a miniature pig).
(2) The local government shall take into account the opinions of occupiers of adjoining properties in
determining whether to grant approval for the keeping of a farm animal.
(3) Approval to keep a farm animal may be issued subject to conditions, including—
(a) that a stable or shelter is provided for housing the approved animal;
(b) that a manure receptacle is provided in a position convenient to the shelter or place where the
approved animal is kept, and that the receptacle is used for the receipt of all manure
produced on the premises; or
(c) any other conditions that the local government considers necessary for the protection of the
health and amenity of the neighbourhood,
and such conditions may be imposed at any time subsequent to the initial approval.
2.29 Variation or cancellation of licence to keep farm animals and conditions of licence
(1) The local government may vary the conditions of a licence after it has been issued, and shall give
notice of such variation to the licence holder.
(2) The local government may cancel a licence in the event the licence holder—
(a) fails to comply with any condition set under paragraph 2.27(1)(b);
(b) after being notified of a variation under subclause (1) fails to comply with the varied
condition;
(c) fails to comply with any condition of the licence;
(d) breaches clause 2.30, or clause 2.31, or clause 2.33, of this local law; or
(e) fails to comply with a notice of breach issued under clause 6.1.
2.30 Conditions for keeping farm animals
(1) An owner or occupier of premises upon which a farm animal or farm animals are kept, shall—
(a) maintain the place or places where the animals are kept in clean condition;
(b) ensure that any farm animal or farm animals kept on the premises does not cause or
constitute a nuisance;
(c) maintain the premises free from flies or other vermin by spraying with residual insecticide or
other effective means;
(d) if a manure receptacle is required to be used—
(i) cause all manure produced on the premises to be collected daily and placed in the
receptacle;
(ii) cause the receptacle to be emptied as often as is necessary to prevent it becoming
offensive or a breeding place for flies or other vermin, but in any case at least once a
week; and
(iii) keep the lid of the receptacle closed except when manure is being deposited or removed;
and
(e) not permit any farm animal to approach within 15 metres of any residential building, food
premises, Class 6 building or a Class 9 building, or a business or commercial premises.
(2) An owner or occupier of premises in a rural zone shall not keep more than 1 pig other than on
premises registered as a piggery pursuant to the provisions of the Health Act 1911, except with the
express written approval of the local government.
2.31 Keeping a miniature horse
(1) An owner or occupier of a premises may keep only a sterilised miniature horse on land of not less
than 1000 square metres in area provided it is registered with the local government and the annual
registration fee approved from time to time by the local government in accordance with sections 6.16
to 6.19 of the Act is paid.
(2) An owner of occupier of premises shall—
(a) not keep more than 1 miniature horse on land zoned residential or special rural without the
written approval of the local government or an authorised person; and
(b) not permit a miniature horse to come within 9 metres of any house.
Section 56 - Health Local Law 2016 - GOVERNMENT GAZETTE, WA 4 January 2017 | Zoe
4 January 2017 GOVERNMENT GAZETTE, WA 57
(3) The local government or an authorised person may prohibit the keeping of a miniature horse on
any land or may state the conditions under which a miniature horse may be kept.
2.32 Keeping a miniature pig
(1) The keeping of pigs in the district, other than the keeping of a miniature pig, is forbidden, except
for on premises registered by the local government as an abattoir or piggery under the provisions of
section 191 of the Health Act 1911.
(2) The local government or an authorised person may prohibit the keeping of a miniature pig on any
land, or state the conditions under which the miniature pig may be kept.
(3) A person may keep 1 miniature pig in any residential or rural or special rural area provided it is
registered with the local government and the annual registration fee approved from time to time by
the local government in accordance with sections 6.16 to 6.19 of the Act is paid.
(4) An owner or occupier of premises where a miniature pig is kept shall—
(a) only keep a sterilised animal and retain written proof of its sterilisation;
(b) confine the animal on the property at all times;
(c) ensure the animal does not cause a nuisance to any neighbour regarding noise, dust, or odour;
and
(d) maintain documentary evidence that the animal’s veterinary treatment against roundworm
and tapeworm is current.
2.33 Requirements for farm animal shelters
(1) Any stable, enclosure or shelter provided for the keeping of farm animals, whether or not a licence
is required for the keeping of such farm animals pursuant to clause 2.25, shall—
(a) not be situated within 15 metres of any residential building, Class 6 building or Class 9
building, business premises or food premises;
(b) not be situated within 1 metre of any lot boundary;
(c) be constructed of materials approved by an authorised person;
(d) have on each side of the building between the wall and roof a clear opening of at least
150 millimetres in height, and of sufficient length, to provide adequate ventilation to the
stable, enclosure or shelter;
(e) when required by the local government, have a separate stall for each horse, cattle or other
approved animal, the shortest dimension of which shall be at least twice the length of the
animal housed therein; and
(f) subject to subclause (2), have a floor, the upper surface of which shall—
(i) be raised at least 75 millimetres above the surface of the surrounding ground;
(ii) be constructed of cement, concrete or other similar impervious material; and
(iii) have a fall of 1 in 100 to a drain which shall empty into a trapped gully situated outside
the stable or shelter.
(2) A stable or shelter constructed with a sand floor may be approved by an authorised person subject
to—
(a) the site being well drained, with the sand floor being at least 1.5 metres above the highest
known ground water level;
(b) a 300 millimetre thick bed of crushed limestone being laid under the sand of the stable;
(c) the sand, whether natural or imported, being clean, coarse and free from dust;
(d) footings to the stable or shelter being a minimum of 450 millimetres below ground level; and
(e) the design of the stable allowing for the access of small earthmoving machinery, such as a
skid steer loader, into each stall to maintain the correct floor height.
(3) An owner or occupier of any land upon which a stable or shelter is located must ensure that the
stable or shelter complies in all respects with the requirements of subclause (1), and, where the
approval referred to in subclause (2) has been granted, with the requirements of subclause (2).
Division 5—Livestock
2.34 Livestock not to stray
The owner or person in charge of livestock shall not permit livestock to stray or to be at large in a
street, public place or upon private property without the consent of the property owner.
2.35 Impounding of livestock
(1) An authorised person or a member of the police force may impound livestock found straying in
contravention of clause 2.34.
(2) Livestock being impounded shall be placed in the pound or secured on private property with the
consent of the owner.
2.36 Property to be fenced
(1) The owner or occupier of property on which livestock is kept, shall cause the property or a portion
of the property to be fenced in a manner capable of confining the livestock, to that portion where the
livestock is kept.
(2) The minimum fencing requirements to confine livestock in a rural or special rural area shall be a
fence of post and wire construction.
58 GOVERNMENT GAZETTE, WA 4 January 2017
PART 3—BUILDING, DEVELOPMENT AND LAND CARE
Division 1—Litter and refuse on building sites
3.1 Provision of refuse receptacles
The owner or occupier of a building or development site shall at all times provide and maintain a
refuse receptacle, available for use on the site, which includes a suitable cover, to the satisfaction of
an authorised person, of such design as will—
(a) contain any refuse likely to be produced on the site; and
(b) prevent refuse being blown from the receptacle by wind.
3.2 Control of refuse
(1) From the time of commencement of works on a building site or development site until the time of
completion of such work, the owner or occupier of the site shall take reasonable measures to—
(a) ensure all refuse on the site is placed and contained in the refuse receptacle and prevented
from being blown from the site by wind;
(b) keep the site free from any refuse;
(c) keep the street verge, and any other reserve, immediately adjacent to the site, free of refuse
from the site; and
(d) 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, the site and the street verge immediately adjacent to it, are cleared of
all refuse and all refuse receptacles are removed from the site.
3.3 Unauthorised storage of materials
(1) All construction materials must be located on the building site or development site under
construction, unless written approval has been given by the local government to store materials on
another property (including a road reserve).
(2) An application for approval under subclause (1) must be—
(a) in writing; and
(b) accompanied by the written approval of the landowner of the land on which materials are
proposed to be stored.
Division 2—Prevention of dust and liquid waste
3.4 Prohibited activities
(1) An owner and/or occupier of land shall take reasonable steps to—
(a) stabilise dust on the land;
(b) contain all liquid waste on the land; and
(c) ensure no dust or liquid waste is released or escapes from the land, whether by means of
wind, water or any other cause.
(2) Where the local government forms the opinion that—
(a) an owner or occupier has not complied with subclause (1)(a) or subclause (1)(b); or
(b) the dust or liquid waste has been released or escaped from the owner’s or occupier’s land, the
local government 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 (1)(a) or (1)(b);
(ii) clean up and properly dispose of any released or escaped dust or liquid waste;
(iii) clean up and make good any damage resulting from the released or escaped dust or
liquid waste; and
(iv) take effective measures to stop any further release or escape of dust or liquid waste;
(c) the requirements set out in a notice issued under subclause (2)(a) must be complied with—
(i) within 48 hours of service of the notice where no other time is specified;
(ii) within such other period as is specified in the notice; or
(iii) immediately, if the notice so specifies.
(3) Where the local government forms the opinion that dust 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 may serve a notice on—
(a) any owner or occupier of the land; or
(b) any operator of equipment on the land,
requiring that the activity or use of equipment on the land be ceased immediately, for such period as
is specified in the notice.
(4) Where the local government is of the opinion that dust or liquid waste may be released or escape
from any land as a result of an activity which is likely to be carried out from any land, the local
government 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.
4 January 2017 GOVERNMENT GAZETTE, WA 59
3.5 Dust management
If an owner or occupier of land intends to undertake any work involving the clearing of land, from
which any sand or dust is likely to be released whether by means of wind, water or any other cause,
the owner or occupier shall—
(a) submit to an authorised person a Dust Management Plan in accordance with “A guideline for
managing the impacts of dust and associated contaminants from land development sites,
remediation and other related activities (2011)” as produced by the Department of
Environment Regulation, and amended from time to time; and
(b) obtain written approval of the Dust Management Plan from an authorised person before
commencement of any work.
Division 3—Smoke
3.6 Burning of cleared vegetation prohibited
An owner or occupier of any building or development site shall ensure that no vegetation or other
material cleared from the site is burnt on the site.
Division 4—Unsightly land and disused materials
3.7 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 whatever nature or kind which in the opinion of the local government or an
authorised person is likely to give the lot an untidy appearance and does not conform with the general
appearance of other land in that particular part of the district.
(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 refuse, rubbish or disused material from the lot within the time
specified in the notice.
3.8 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 that gives the lot an untidy appearance and does not conform with the general appearance
of other land in that particular part of the district.
(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.
3.9 Storage of vehicles, vessels and machinery
The owner or occupier of a lot shall not—
(a) store, or allow to remain in public view on any 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 any 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 any lot, any vehicle parts, vessel parts or
machinery parts (including tyres);
(d) wreck, dismantle or break up any vehicle, part or body of a vehicle parts, vessel or machinery
except where performed—
(i) inside a building; or
(ii) within an area enclosed by a fence or wall of not less than 1.8 metres in height and of
such a nature as to screen all vehicles, parts or bodies of vehicles, vessels or machinery
from the street and from adjoining properties; or
(e) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance.
3.10 Disposing of disused refrigerators or similar containers
A person shall not place, leave or dispose of a disused refrigerator, ice chest, ice box, trunk, chest or
other similar article having a compartment which has a capacity of 0.04 cubic metres or more on any
land without first—
(a) removing every door and lid and every lock, catch and hinge attached to a door or lid; or
(b) rendering every door and lid incapable of being fastened; and
(c) removing any refrigerants as per the requirements of the Environmental Protection (Ozone
Protection) Policy 2000.
Division 5—Hazardous materials
3.11 Hazardous trees
(1) Where a tree on a lot endangers any person or thing on adjoining land, the local government may
give a notice to the owner or the occupier of the lot to remove, cut, move or otherwise deal with that
tree so as to make the tree safe.
(2) Where a tree on a lot presents a serious and immediate danger to any person or thing, the local
government may take any remedial action it considers appropriate in order to make the tree safe
without having given the owner or occupier notice pursuant to subclause (1).