3384GOVERNMENT GAZETTE, WA 8 August 2016

3384 GOVERNMENT GAZETTE, WA 8 August 2016 (e) a licensee when her or his licence is renewed; (f) a licensee of the cancellation of a licence under clause 4.12(2)(a); and (g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 4.12(2), which notice is to be given in accordance with section 27(6) of the Act. 4.15 Objections and appeals (1) The provisions of Division 1 of Part 9 of the Local Government Act 1995 and regulation 33 of the Local Government (Functions and General) Regulations 1996 apply to a decision where the local government makes a decision as to whether it will— (a) grant an application for a licence; (b) vary or cancel a licence; or (c) impose or amend a condition to which a licence is subject. (2) Under these provisions, an affected person may have the right to object to, or to appeal against, a decision of the local government. 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—DOGS IN PUBLIC PLACES 5.1 Places where dogs are prohibited absolutely (1) Designation of places where dogs are prohibited absolutely is dealt with in the Act. (2) If a dog enters or is in a place specified in subclause (1), every person liable for the control of the dog at that time commits an offence. (3) Subclause (2) does not apply to a dog who is being used as an assistance animal as defined in the Disability Discrimination Act 1992 (Commonwealth). 5.2 Places which are dog exercise areas Designation of places which are dog exercise areas is dealt with in the Act. Set fees and charges are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. 6.2 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. A 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. A 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 an additional penalty not exceeding $100 for each day or part of the day during which the offence has continued. (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 the dog is not a dangerous dog. (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. Form 2 of Schedule 1 of the Local Government (Functions and General) Regulations 1996.