60GOVERNMENT GAZETTE, WA 4 January 2017

60 GOVERNMENT GAZETTE, WA 4 January 2017 (3) The local government reserves its right to recover any costs incurred by the local government for remedial action taken in terms of subclause (2). PART 4—NUISANCES AND DANGEROUS THINGS Division 1—Light 4.1 Use of exterior lights An owner or occupier of land on which floodlights or other exterior lights are erected or used, shall not allow the floodlights or other exterior lights to shine directly onto any other premises. 4.2 Emission or reflection of light An owner or occupier of land shall ensure that— (a) artificial light is not emitted or reflected from anything on the land so as to illuminate premises outside that land to more than 50 lux; and (b) natural light is not reflected from anything on the land so as to create or cause a nuisance to the occupier of any other premises or to a person lawfully using a thoroughfare. 4.3 Notice may require specified action to prevent emission or reflection of light (a) floodlights or other exterior lights shine directly onto any other premises; (b) artificial light is emitted or reflected from anything on the land so as to illuminate premises outside the land to more than 50 lux; or (c) natural light is reflected from anything on the land so as to create or cause a nuisance to the occupier of any other premises or to a person lawfully using a thoroughfare, the local government may by notice in writing direct the owner or occupier to take such actions as an authorised person considers necessary within the time specified in the notice. (2) The notice referred to in subclause (1) may direct that— (a) floodlights or other exterior lights are used only during the hours specified in the notice; (b) the direction in which the lights shine be altered as specified in the notice; (c) any reflective surfaces be painted or otherwise treated so as to abate the nuisance; or (d) any combination of these measures that the local government believes to be appropriate to the circumstances. Division 2—Smoke, fumes, odours and other emissions 4.4 Burning rubbish, refuse or other material (1) A person shall not set fire to rubbish, refuse or other materials. (2) Subclause (1) does not apply to rural residential zoned lots. (3) A person shall not set fire to rubbish, refuse or other materials on rural residential zoned lots unless— (a) written approval has first been obtained from the local government; (b) the person demonstrates to the satisfaction of the local government that reasonable alternatives for the disposal of the rubbish, refuse or other material do not exist and the potential for pollution is low; (c) the material does not include any plastic, rubber, food scraps or other material likely to cause the generation of smoke or odour in such quantity as to cause a nuisance to other persons; (d) a haze alert has not been issued by the Bureau of Meteorology for the period during which burning is to take place; and (e) the burning complies with the Bush Fires Act 1954, any annual fire hazard reduction notice issued by the local government under that Act and any conditions of approval as determined by the local government. (4) Subclauses (1) and (3) shall not apply to any barbecue, solid fuel water heater, space heater or ovens fired with dry paper, dry wood, synthetic char or charcoal type fuel. (5) Subclause (4) is subject to any fire danger rating as determined by the Bureau of Meteorology. 4.5 Escape of smoke, fumes, odours and other emissions An owner or occupier of land or premises shall take all reasonable steps to not cause or permit the escape of smoke, fumes or odours from the land or premises in such quantity or of such a nature as to cause or to be a nuisance to any person. Division 3—Trucks 4.6 Livestock vehicles (1) A person shall not park a vehicle containing livestock in a townsite for a period in excess of 30 minutes. (2) A person shall not park a vehicle which contains or has been used for the carriage of livestock so as to create or be a nuisance to any person, by reason of the odour emanating from the vehicle.