5 December 2017 GOVERNMENT GAZETTE, WA 5829
DOG ACT 1976
LOCAL GOVERNMENT ACT 1995
CITY OF ALBANY
DOG LOCAL LAW 2017
CONTENTS
PART 1—PRELIMINARY
1.1 Short title
1.2 Commencement
1.3 Application
1.4 Repeal
1.5 Meaning of terms used in this local law
PART 2—IMPOUNDING OF DOGS
2.1 Charges and costs
PART 3—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS
3.1 Dogs to be confined
3.2 Limitation on the number of dogs
PART 4—APPROVED KENNEL ESTABLISHMENTS
4.1 Interpretation
4.2 Application for licence for approved kennel establishment
4.3 Notice of proposed use
4.4 Exemption from notice requirements
4.5 When application can be determined
4.6 Determination of application
4.7 Where application cannot be approved
4.8 Conditions of approval
4.9 Compliance with conditions of approval
4.10 Fees
4.11 Form of licence
4.12 Period of licence
4.13 Variation or cancellation of licence
4.14 Transfer
4.15 Notification
4.16 Inspection of kennel
PART 5—MISCELLANEOUS
5.1 Offence to excrete
PART 6—ENFORCEMENT
6.1 Interpretation
6.2 Modified penalties
6.3 Issue of infringement notice
6.4 Failure to pay modified penalty
6.5 Payment of modified penalty
6.6 Withdrawal of infringement notice
6.7 Service
6.8 Penalty
SCHEDULE 1—APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL
ESTABLISHMENT
SCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL
ESTABLISHMENT
SCHEDULE 3—OFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES
5 December 2017 GOVERNMENT GAZETTE, WA 5831
DOG ACT 1976
LOCAL GOVERNMENT ACT 1995
CITY OF ALBANY
DOG LOCAL LAW 2017
Under the powers conferred on it by the Dog Act 1976 and the Local Government Act 1995 and under
all other enabling powers, the Council of the City of Albany resolved on 31 October 2017 to make the
following local law.
PART 1—PRELIMINARY
1.1 Short title
This is the City of Albany Dog Local Law 2017.
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
Parts 2, 3 and Schedule 2 and 3 of the City of Albany Animals Local Laws 2001, published in the
Government Gazette on 15 January 2002, is repealed.
1.5 Meaning of terms used in this local law
(1) In this local law—
Act means the Dog Act 1976;
application means the completed form lodged by an applicant as required by this local law;
applicant means the owner or occupier of premises who makes an application for a permit under
this local law;
assistance dogs has the meaning given to it in the Act;
authorised person means a person authorised by the local government to perform all or any of
the functions conferred on an authorised person under this local law;
CEO means the Chief Executive Officer of the local government;
Council means the Council of the City of Albany;
dangerous dog has the meaning given to it in the Act;
district means the district of the local government;
dog management facility has the meaning give to it in section 3(1) of the Act;
kennel establishment means any structure or land used for the boarding or breeding of dogs;
local government means the City of Albany;
local planning scheme means a local planning scheme made by the local government under the
Planning and Development Act 2005 which applies throughout the whole or a part of the
district;
LG Act means the Local Government Act 1995;
lot has the meaning given to it in the Planning and Development Act 2005;
nuisance has the meaning given under section 38 of the Act;
Planning Approval means an approval issued under the local planning scheme as amended
from time to time;
public place has the same meaning given in the Act;
premises has the same meaning given in the Act;
Regulations means the Dog Regulations 2013;
Schedule means a schedule in this local law;
Section 1 - Dog Local Law 2017 - Dog Local Law 2017 | Zoe
5832 GOVERNMENT GAZETTE, WA 5 December 2017
seized means a dog seized by an authorised person, but not having been placed in a pound;
thoroughfare has the meaning given to it in section 1.4 of the LG Act;
valid in relation to a licence issued under this local law means current and for which all the
associated fees have been paid in full.
PART 2—IMPOUNDING OF DOGS
2.1 Charges and costs
The following are to be imposed and determined by the local government under sections 6.16 to 6.19
of the LG Act—
(a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding
of a dog;
(b) the additional fee payable under section 29(4) of the Act where a dog is released at a time or
on a day other than those determined under clause 2.2;
(c) the cost of implantation of a microchip referred to in section 30A(3) of the Act; and
(d) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act.
PART 3—REQUIREMENTS AND LIMITATIONS ON THE
KEEPING OF DOGS
3.1 Dogs to be confined
(1) An occupier of premises on which a dog is kept must—
(a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of
confining the dog;
(b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height
and construction which having regard to the breed, age, size and physical condition of the dog
is capable of preventing the dog at all times from passing over, under or through it;
(c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the
premises (unless the gate is temporarily opened in a manner that ensures that the dog
remains confined) and is fitted with a an effective operational latch or other means of
fastening it;
(d) maintain the fence and all gates and doors in the fence in good order and condition; and
(e) where no part of the premises consists of open space, yard or garden or there is no open space
or garden or yard of which the occupier has exclusive use or occupation, ensure that other
means exist on the premises (other than the tethering of the dog) for effectively confining the
dog within the premises.
(2) An occupier who fails to comply with subclause (1) commits an offence.
(3) Notwithstanding subclause (1) and (2), the confinement of dangerous dogs is dealt with in the Act
and Regulations.
3.2 Limitation on the number of dogs
(1) This clause does not apply to dangerous dogs (declared) or dangerous dogs (restricted breeds).
(2) This clause does not apply to premises which have been—
(a) licenced under Part 4 as an approved kennel establishment; or
(b) granted an exemption under section 26 (3) of the Act.
(3) For the purpose of section 26 (4) of the Act, a person shall not, without a permit, keep or permit to
be kept—
(a) on premises situated on a lot having an area of 4 hectares or more—6 dogs over the ages of
3 months and the young of those dogs under that age; or
(b) on premises situated on any other lot—2 dogs over the age of 3 months and the young of those
dogs under that age.
PART 4—APPROVED KENNEL ESTABLISHMENTS
4.1 Interpretation
In this Part and in Schedule 2—
adjoining land means land or premises which have a common boundary or portion of a
boundary with a lot or is separated from that lot by a right-of-way, pedestrian access way,
access leg of a battle-axe lot or the equivalent not more than 6 metres in width;
fit and proper person means a person who does not have an unspent conviction under the
Animal Welfare Act 2002 or a history of contravention of the Dog Act 1976;
licence means a licence to keep an approved kennel establishment on premises;
premises, in addition to the meaning given to it in section 3 of Act, means the premises described
in the application for a licence; and
transferee means a person who applies for the transfer of a licence to him or her under
clause 4.14 of this local law.
5 December 2017 GOVERNMENT GAZETTE, WA 5833
4.2 Application for licence for approved kennel establishment
An application for a licence must be made in the form of that in Schedule 1, and must be lodged with
the local government together with—
(a) plans and specifications of the kennel establishment, including a site plan;
(b) copies of the notices to be given under clause 4.3;
(c) written evidence that either the applicant or another person who will have the charge of the
dogs, will reside on the premises or, in the opinion of the local government or CEO,
sufficiently close to the premises so as to control the dogs and so as to ensure their health and
welfare;
(d) a written acknowledgment that the applicant has read and agrees to comply with any code of
practice relating to the keeping of dogs adopted or nominated by the local government;
(e) the fee for the application for a licence referred to in clause 4.10 (1) of this local law; and
(f) a copy of a Planning Approval issued by the local government under a local planning scheme.
4.3 Notice of proposed use
(1) An applicant for a licence must give notice of the proposed use of the premises as an approved
kennel establishment after the application for a licence has been lodged—
(a) once in a newspaper circulating in the district; and
(b) to the owner and occupiers of any premises adjoining the premises.
(2) The notices in subclause (1) must specify that—
(a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days
of the date the notice is given; and
(b) the application and plans and specifications may be inspected at the offices of the local
government.
(3) Where—
(a) the notices given under subclause (1) do not clearly identify the premises; or
(b) a notice given under subclause (1) (a) is of a size or in a location in the newspaper which, in
the opinion of the CEO, would fail to serve the purpose of notifying persons of the proposed
use of the premises, then the local government may refuse to determine the application for a
licence until the notices or notice, as the case may be, is given in accordance with its
directions.
4.4 Exemption from notice requirements
Where an application for a licence is made in respect of premises on which an approved kennel
establishment is either a—
(a) permitted use; or
(b) use which the local government may approve subject to compliance with specified notice
requirements,
under a local planning scheme, then the requirements of clauses 4.2(b), 4.3 and 4.5(a) do not apply in
respect of the application for a licence.
4.5 When application can be determined
An application for a licence is not to be determined by the local government until—
(a) the applicant has complied with clause 4.2;
(b) the applicant submits proof that the notices referred to in clause 4.3 (1) have been given in
accordance with that clause; and
(c) the local government has considered any written submissions received within the time
specified in clause 4.3 (2) (a) on the proposed use of the premises.
4.6 Determination of application
In determining an application for a licence, the local government is to have regard to—
(a) the matters referred to in clause 4.8;
(b) any written submissions received within the time specified in clause 4.3 (2) (a) on the
proposed use of the premises;
(c) any economic or social benefits which may be derived by any person in the district if the
application for a licence is approved;
(d) the effect which the kennel establishment may have on the environment or amenity of the
neighbourhood;
(e) the extent to which the kennel establishment may create a nuisance for the owners and
occupiers of adjoining premises; and
(f) whether or not the imposition of and compliance with appropriate conditions of a licence will
mitigate any adverse effects of the approved kennel establishment identified in the preceding
paragraphs.
4.7 Where application cannot be approved
The local government cannot approve an application for a licence where—
(a) an approved kennel establishment cannot be permitted by the local government on the
premises under a local planning scheme; or
5834 GOVERNMENT GAZETTE, WA 5 December 2017
(b) an applicant for a licence or another person who will have the charge of the dogs will not
reside on the premises, or in the opinion of the local government, sufficiently close to the
premises so as to control the dogs and so as to ensure their health and welfare; or
(c) if the applicant is not a fit and proper person to keep an approved kennel establishment.
4.8 Conditions of approval
(1) The local government may approve an application for a licence subject to the conditions contained
in Schedule 2 and to such other conditions as the local government considers appropriate.
(2) In respect of a particular application for a licence, the local government may vary any of the
conditions contained in Schedule 2.
4.9 Compliance with conditions of approval
(1) A licensee who does not comply with the conditions of licence commits an offence.
(2) Notwithstanding clause 6.8, the penalty under this clause is $5000 and where the offence is of a
continuing nature, an additional daily penalty of $100.
4.10 Fees
(1) On lodging an application for a licence, the applicant is to pay a fee to the local government.
(2) On the issue or renewal of a licence, the licensee is to pay a fee to the local government.
(3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the
local government.
(4) The fees referred to in subclauses (1) to (3) are to be imposed and determined by the local
government under sections 6.16 to 6.19 of the LG Act.
4.11 Form of licence
The licence is to be in the form determined by the local government and is to be issued to the licensee.
4.12 Period of licence
(1) The period of effect of a licence is set out in section 27(5) of the Act.
(2) A licence is to be renewed if the fee referred to in clause 4.9(2) is paid to the local government prior
to the expiry of the licence.
(3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have
effect.
4.13 Variation or cancellation of licence
(1) The local government may through a written notice to the licensee vary the conditions of a licence.
(2) The local government may cancel a licence—
(a) on the request of the licensee;
(b) following a breach of the Act, the Regulations or this local law; or
(c) if the licensee is not a fit and proper person.
(3) The date a licence is cancelled is to be, in the case of—
(a) paragraph (a) of subclause (2), the date requested by the licensee; or
(b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act.
(4) If a licence is cancelled the fee paid for that licence is not refundable for the term of the licence
that has not yet expired.
4.14 Transfer
(1) An application for the transfer of a valid licence from the licensee to another person must be—
(a) made in the form determined by the local government;
(b) made by the transferee;
(c) made with the written consent of the licensee; and
(d) lodged with the local government together with—
(i) written evidence that a person will reside at or within reasonably close proximity to the
premises the subject of the licence; and
(ii) the fee for the application for the transfer of a licence referred to in clause 4.10 (3).
(2) The local government is not to determine an application for the transfer of a valid licence until the
transferee has complied with subclause (1).
(3) The local government may approve, whether or not subject to such conditions as it considers
appropriate, or refuse to approve an application for the transfer of a valid licence.
(4) Where the local government approves an application for the transfer of a valid licence, then on the
date of approval, unless otherwise specified in the notice issued under clause 4.15(b), the transferee
becomes the licensee of the licence for the purposes of this local law.
4.15 Notification
The local government is to give written notice to—
(a) an applicant for a licence of the local government’s decision on her or his application;
(b) a transferee of the local government’s decision on her or his application for the transfer of a
valid licence;
5 December 2017 GOVERNMENT GAZETTE, WA 5835
(c) a licensee of any variation made under clause 4.13(1);
(d) a licensee when her or his licence is due for renewal and the manner in which it may be
renewed;
(e) a licensee when her or his licence is renewed;
(f) a licensee of the cancellation of a licence under clause 4.13(2)(a); and
(g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 4.13(2), which
notice is to be given in accordance with section 27(6) of the Act.
4.16 Inspection of kennel
With the consent of the occupier, an authorised person may inspect an approved kennel
establishment at any time.
PART 5—MISCELLANEOUS
5.1 Offence to excrete
(1) A dog must not excrete on—
(a) any thoroughfare or other public place; or
(b) any land which is not a public place without the consent of the occupier.
(2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the
control of the dog at that time commits an offence.
(3) The person liable for the control of the dog does not commit an offence against subclause (2) if any
excreta is removed immediately by that person.
PART 6—ENFORCEMENT
6.1 Interpretation
In this Part—
infringement notice means the notice referred to in clause 6.3; and
notice of withdrawal means the notice referred to in clause 6.6 (1).
6.2 Modified penalties
(1) The offences contained in Schedule 3 are offences in relation to which a modified penalty may be
imposed.
(2) The amount appearing in the fourth column of Schedule 3 directly opposite an offence is the
modified penalty payable in respect of that offence if—
(a) the dog is not a dangerous dog; or
(b) the dog is a dangerous dog, but an amount does not appear in the fourth column directly
opposite that offence.
(3) The amount appearing in the fifth column of Schedule 3 directly opposite an offence is the
modified penalty payable in respect of that offence if the dog is a dangerous dog.
6.3 Issue of infringement notice
Where an authorised person has reason to believe that a person has committed an offence in respect
of which a modified penalty may be imposed, he or she may issue to that person a notice.
6.4 Failure to pay modified penalty
Where a person who has received an infringement notice fails to pay the modified penalty within the
time specified in the notice, or within such further time as may in any particular case be allowed by
the CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified
penalty.
6.5 Payment of modified penalty
A person who has received an infringement notice may, within the time specified in that notice or
within such further time as may in any particular case be allowed by the CEO, send or deliver to the
local government the amount of the penalty, with or without a reply as to the circumstances giving
rise to the offence, and the local government may appropriate that amount in satisfaction of the
penalty and issue an acknowledgment of receipt.
6.6 Withdrawal of infringement notice
(1) Whether or not the modified penalty has been paid, an authorised person may withdraw an
infringement notice by sending a notice.
(2) A person authorised to issue an infringement notice under clause 6.3 cannot sign or send a notice
of withdrawal.
6.7 Service
An infringement notice or a notice of withdrawal may be served on a person personally, or by leaving
it at or posting it to her or his address as ascertained from her or him, or as recorded by the local
government under the Act, or as ascertained from inquiries made by the local government.
6.8 Penalty
Any person who contravenes any provision of this local law or fails to comply with a notice issued
under this local law commits an offence not exceeding $2,000.
5836 GOVERNMENT GAZETTE, WA 5 December 2017
SCHEDULE 1—APPLICATION FOR A LICENCE FOR
AN APPROVED KENNEL ESTABLISHMENT
(clause 4.2)
I/we (full name): ............................................................................................................ of (postal address)
.......................................................................................................................................................................
.......................................................................................................................................................................
.......................................................................................................................................................................
(telephone number) ...................................................................
(facsimile number) ...................................................................
(E-mail address) ...................................................................
Apply for a licence for an approved kennel establishment at (address of premises)
For (number and breed of dogs)
(insert name of person) ........................................................................................ will be residing at the
premises on and from (insert date) ...........................................................................
(insert name of person) .............................................................................. will be residing (sufficiently
close to the premises so as to control the dogs and so as to ensure their health and welfare) at ............
.......................................................................................................................................................................
......................................................................................................................... (insert address of residence)
on and from .................................................................................... (insert date).
Attached are—
(a) a site plan of the premises showing the location of the kennels and yards and all other
buildings and structures and fences;
(b) plans and specifications of the kennel establishment;
(c) copy of notice of proposed use to appear in newspaper;
(d) copy of notice of proposed use to be given to adjoining premises;
(e) written evidence that a person will reside—
(i) at the premises; or
(ii) sufficiently close to the premises so as to control the dogs and so as to ensure their
health and welfare; and
(f) if the person in item (e) is not the applicant, written evidence that the person is a person in
charge of the dogs.
I confirm that I have read and agree to comply with the Code of Practice known as ...............................
................................................................. , in the keeping of dogs at the proposed kennel establishment.
Signature of applicant .................................................................................... Date ..................................
*delete where inapplicable.
Note: a licence if issued will have effect for a period of 12 months—section 27.5 of the Dog Act.
OFFICE USE ONLY
Application fee paid on: ...............................................................................................................................
[insert date].
————
SCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL
ESTABLISHMENT
(clause 4.8(1))
An application for a licence for an approved kennel establishment may be approved subject to the
following conditions—
(a) each kennel, unless it is fully enclosed, must have a yard attached to it;
(b) each kennel and each yard must be at a distance of not less than—
(i) 25m from the front boundary of the premises and 5m from any other boundary of the
premises;
(ii) 10m from any dwelling; and
(iii) 25m from any church (place of worship), school room, hall, factory, dairy or premises
where food is manufactured, prepared, packed or stored for human consumption;
(c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or
netting or other materials approved by the local government;
(d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the
breed of dog (when it is fully grown), squared, times the number of dogs to be housed in the
kennel and the length of the dog is to be determined by measuring from the base of the tail to
the front of its shoulder;
(e) the floor area of the yard attached to any kennel or group of kennels must be at least twice
the floor area of the kennel or group of kennels to which it is attached;
(f) the upper surface of the kennel floor must be—
(i) at least 100mm above the surface of the surrounding ground;
(ii) smooth so as to facilitate cleaning;
5 December 2017 GOVERNMENT GAZETTE, WA 5837
(iii) rigid;
(iv) durable;
(v) slip resistant;
(vi) resistant to corrosion;
(vii) non-toxic;
(viii) impervious;
(ix) free from cracks, crevices and other defects; and
(x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in
turn must lead to a suitably sized diameter sewerage pipe which must be properly laid,
ventilated and trapped in accordance with the health requirements of the local
government;
(g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to
approved apparatus for the treatment of sewage in accordance with the health requirements
of the local government;
(h) the kennel floor must have a durable upstand rising 75mm above the floor level from the
junction of the floor and external and internal walls, or internal walls must be so constructed
as to have a minimum clearance of 50mm from the underside of the bottom plate to the floor;
(i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of
any kennel;
(j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of—
(i) 2m; or
(ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured
from the floor to the uppermost tip of its shoulders while in a stationary upright
position;
(k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted
internally and externally with good quality new zincalume or new pre-finished colour coated
steel sheeting or new fibrous cement sheeting or other durable material approved by the local
government;
(l) all external surfaces of each kennel must be kept in good condition;
(m) the roof of each kennel must be constructed of impervious material;
(n) all kennels and yards and drinking vessels must be maintained in a clean condition and must
be cleaned and disinfected when so ordered by an authorised person;
(o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for
the treatment of sewage;
(p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled;
(q) suitable water must be available at the kennel via a properly supported standpipe and tap;
and
(r) the licensee or the person nominated in the application for a licence, must, in accordance with
the application for the licence, continue to reside—
(i) at the premises; or
(ii) in the opinion of the local government, sufficiently close to the premises so as to control
the dogs, and to ensure their health and welfare.
————
SCHEDULE 3—OFFENCES IN RESPECT OF WHICH MODIFIED
PENALTY APPLIES
(clause 7.2)
Item Clause Nature of offence
Modified
penalty
$
Dangerous
Dog Modified
Penalty
$
1 4.9 Failing to comply with the conditions of a kennel
establishment licence
200
2 6.1 Failing to remove dog excrement 100 100
————
Dated this 9th day of November 2017.
The Common Seal of the City of Albany was affixed by the authority of the resolution of Council in the
presence of—
DENNIS WELLINGTON, Mayor.
ANDREW SHARPE, Chief Executive Officer.
———————————