LOCAL LAWS
ANIMALS, ENVIRONMENT
AND NUISANCE LOCAL
LAW 2017
WASTE LOCAL LAW 2017
14 June 2017 GOVERNMENT GAZETTE, WA 2907
LOCAL GOVERNMENT ACT 1995
SHIRE OF DONNYBROOK-BALINGUP
ANIMALS, ENVIRONMENT AND NUISANCE
LOCAL LAW 2017
CONTENTS
PART 1—PRELIMINARY
1.1 Citation
1.2 Commencement
1.3 Application
1.4 Repeal
1.5 Interpretation
PART 2—KEEPING OF ANIMALS
Division 1—Keeping of animals and birds
2.1 Interpretation
2.2 Cleanliness
2.3 Disposal of Dead Animals
Division 2—Keeping of large animals
2.4 Interpretation
2.5 Conditions for keeping of an animal
Division 3—Keeping of poultry and pigeons
2.6 Interpretation
2.7 Limitation on numbers of poultry and pigeons
2.8 Conditions for keeping poultry in limited numbers
2.9 Roosters, geese, turkeys, peafowls, guinea fowls, emus and ostriches
2.10 Pigeons or doves
2.11 Restrictions on pigeons nesting or perching
PART 3—BUILDING, DEVELOPMENT AND LAND CARE
Division 1—Litter and refuse on building sites
3.1 Provision of refuse receptacles
3.2 Control of refuse
3.3 Unauthorised storage of materials
Division 2—Prevention of dust and liquid waste
3.4 Prohibited activities
Division 3—Smoke
3.5 Burning of cleared vegetation prohibited
Division 4—Unsightly land and disused materials
3.6 Removal of refuse and disused materials
3.7 Removal of unsightly overgrowth of vegetation
3.8 Storage of vehicles and machinery
3.9 Commercial wrecking of vehicles
3.10 Disposing of disused refrigerators or similar containers
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PART 4—NUISANCES AND DANGEROUS THINGS
Division 1—Light
4.1 Use of exterior lights
4.2 Emission or reflection of light
4.3 Notice may require specified action to prevent emission or reflection of light
Division 2—Smoke, fumes, odours and other emissions
4.4 Burning rubbish, refuse or other material
4.5 Escape of smoke, fumes, odours and other emissions
Division 3—livestock carrying vehicles
4.6 Livestock vehicles
4.7 Truck noise from residential land
Division 4—Stormwater management
4.8 Containment of stormwater
4.9 Guttering and downpipes
4.10 Containment and disposal of swimming pool and other wastewater
Division 5—Bird nuisance
4.11 Restrictions on feeding of birds
Division 6—Bee keeping
4.12 Interpretation
4.13 Restrictions of keeping of bees in hives
PART 5—OBJECTIONS AND APPEALS
5.1 Objections and appeals
PART 6—ENFORCEMENT
Division 1—Breach of Notice
6.1 Notice of breach
6.2 Form of Notice
Division 2—Offences and penalties
6.3 Offences and Penalties
6.4 Prescribed offences
6.5 Form of infringement notices
SCHEDULE 1—PRESCRIBED OFFENCES
14 June 2017 GOVERNMENT GAZETTE, WA 2909
LOCAL GOVERNMENT ACT 1995
SHIRE OF DONNYBROOK-BALINGUP
ANIMALS, ENVIRONMENT AND NUISANCE
LOCAL LAW 2017
Under the powers conferred by the Health (Miscellaneous Provisions) Act 1911, the Local Government
Act 1995 and under all other powers enabling it, the Council of the Shire of Donnybrook-Balingup
resolved on 26 April 2017 to make the following local law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the Shire of Donnybrook-Balingup Animals, Environment and
Nuisance Local Law 2017.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the Government
Gazette.
1.3 Application
This local law applies throughout the district.
1.4 Repeal
The following local laws are repealed or amended—
(a) The Shire of Donnybrook-Balingup Miscellaneous Provisions Local Law, published in the
Government Gazette on 17 October 2000 is repealed;
(b) The Shire of Donnybrook-Balingup Removal of Refuse, Rubbish and Disused Materials Local
Law 2001, published in the Government Gazette on 7 September 2001 is repealed; and
(c) The Shire of Donnybrook-Balingup Health Local Laws 1999, published in the Government
Gazette on 14 March 2000 are amended as follows—
Part 5, Division 1, clause 5.1.3 is repealed;
Part 5, Division 1, clause 5.1.10 is repealed;
Part 5, Division 2 is repealed;
Part 5, Division 3 is repealed;
Part 5, Division 4 is repealed;
Part 5, Division 5 is repealed;
Part 5, Division 6 is repealed; and
Part 6, Division 7 is repealed.
1.5 Interpretation
(1) In this local law, unless the context specifies otherwise—
Act means the Local Government Act 1995;
authorised person means a person appointed by the local government, under section 9.10 of the
Act to perform any of the functions of an authorised person under this local law;
backwash water means pool water that has been pumped backwards through a pool filters
media;
builder means the holder of a building permit issued in respect of building works on a building
site or a person in control of a building site;
building permit means a permit granted under section 20 of the Building Act 2011;
building site means any lot for which a building permit is current;
Commercial wrecking means the activity of wrecking vehicles or machinery for the purpose of
conducting a business by offering vehicles, machinery or parts thereof for purchase, trade,
sale or gain;
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development has the meaning given to it in the Planning and Development Act 2005;
development site includes any lot or lots for which there is currently a development or
subdivision approval in place, and upon which construction work, earthworks, clearing of
scrub, trees or overgrowth or any other site works are taking or have taken place pursuant to
or in relation to that approval;
district means the district of the local government;
dust means any visible granular or particulate material which has become airborne or has the
potential to become airborne and includes organic and non-organic matter and sand, but does
not include smoke;
land includes any building or structure on the land;
liquid waste means waste from any process or activity that is in liquid form and includes paint,
fuel, grease, fat, oil, degreaser solvent, detergent, chemical, animal waste, food waste, effluent
and all discharges of liquid to land, air or water that are not otherwise authorised by a
written law but does not include uncontaminated stormwater;
livestock includes cattle, sheep, pigs, goats and horses;
livestock vehicle means a vehicle that contains livestock or previously has been used for the
carriage of livestock;
local government means the Shire of Donnybrook-Balingup;
lot has the meaning given to it by the Planning and Development Act 2005;
nuisance means—
(a) an activity or condition which is harmful or annoying and which gives rise to legal
liability in the tort of public or private nuisance at law;
(b) an unreasonable interference with the use and enjoyment by a person of his or her
ownership or occupation of land; or
(c) interference which causes material damage to land or other property on the land
affected by the interference;
occupier means any person who is in control of any land or part of any land or authorised by the
owner, lessee, licensee or any other person empowered to exercise control in relation to land
to perform any work in relation to any land and includes a builder or contractor;
owner where used in relation to land, has the meaning given by the Local Government Act 1995;
permit means a permit issued under this local law;
pigeon includes homing pigeons and other domesticated breeds of the species Columba livia, but
does not include native pigeons or doves whether or not the keeping of such birds is subject to
the approval of the Department of Environment Regulation;
refuse means any waste material including bricks, lime, cement, concrete, rubble, stones, iron,
timber, tiles, bags, plastics, ashes, vegetation, timber, wood or metal shavings, sawdust, and
waste food, and includes any broken, used, derelict or discarded matter;
Regulations means the Local Government (Functions and General) Regulations 1996;
sand means granules or particles of rock, earth, clay, loam, silt and any other granular,
particulate or like material, including dust and gravel;
Schedule means a schedule to this local law;
stormwater means any naturally occurring water that results from rainfall on or around a site,
or water flowing onto the site;
thoroughfare means any highway or thoroughfare which the public are entitled to use, including
the verge and other things including bridges and culverts appurtenant to it;
townsites means all townsites within the district which are—
(a) constituted under section 26(2) of the Land Administration Act 1997; or
(b) referred to in clause 37 of Schedule 9.3 of the Act.
truck means a motor vehicle having a tare weight in excess of 3000 kilograms;
vehicle means any motor vehicle, part of a motor vehicle in a state of disrepair or in the process
of being wrecked whether licensed or not;
wastewater in relation to pools and spas means water other than backwash water; and
wreck includes the dismantling, breaking up, storage and disposal of vehicles.
(2) Any other expression used in this local law and not defined herein shall have the meaning given to
it in the Act.
(3) Where in this local law a duty, obligation or liability is imposed on an owner or occupier the duty
shall be deemed to be imposed jointly and severally on each owner and occupier.
(4) Where under this local law the local government is authorised to carry out actions or cause to be
undertaken works as a consequence of the failure of any person to comply with the terms of a notice
or other conduct, the right to enter land is at all times subject to the provisions of Part 3, Division 3,
Subdivision 3 of the Act.
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PART 2—KEEPING OF ANIMALS
Division 1—Keeping of animals and birds
2.1 Interpretation
In this division, unless the context otherwise requires—
animal includes cats, dogs, rabbits and ferrets or the like; and
bird includes but is not limited to galahs, parrots, corellas, cockatoos and other Australian native
birds, budgerigars, finches, pigeons and doves or the like.
2.2 Cleanliness
An owner or occupier of a premises, excluding an extensive farming premises, in or on which an
animal or bird is kept shall—
(a) maintain the premises within which the animal is kept at all times in a clean condition, free
from excrement, filth, food waste and all other matter.
(b) ensure the keeping of the animal or bird does not cause a nuisance or is injurious, offensive or
dangerous to health.
2.3 Disposal of dead animals
(1) The operators of commercial poultry farms, licensed piggeries and similar intensive animal or bird
farming shall not dispose of any dead animals or birds on their premises without written approval
from the local government.
(2) An owner and occupier of land on which there is a dead animal shall immediately dispose of the
dead animal in such a manner as not to cause or be a nuisance to any person.
Division 2—Keeping of large animals
2.4 Interpretation
In this Division, unless the context otherwise requires—
approved animal includes a cow, horse or large animal the subject of an approval by the local
government;
cow includes an ox, calf, or bull;
horse includes an ass, mule, donkey or pony; and
large animal includes a pig, sheep, goat, deer, llama, alpaca or camel.
2.5 Conditions for keeping of an animal
(1) An owner or occupier of premises within a townsite shall not keep a horse, cow or large animal on
those premises without approval of the local government.
(2) An owner or occupier of a premises who has an approved animal shall ensure-
(a) the premises has an area of not less than 2000 square metres for the exclusive use of the
approved animal; and
(b) the approved animal does not approach within 30m of a dwelling.
Division 3—Keeping of poultry and pigeons
2.6 Interpretation
In this Division, unless the context otherwise requires—
poultry includes bantams, ducks and other domestic fowls.
2.7 Limitation on numbers of poultry and pigeons
Subject to clause 2.9, an owner or occupier of premises within a townsite shall not keep a combined
total of more than 12 poultry and pigeons without the approval of the local government, on any one
lot of land.
2.8 Conditions for keeping poultry in limited numbers
A person who keeps poultry or permits poultry to be kept shall ensure that—
(a) they provide a properly constructed and securely fastened structure or coop;
(b) all structures within which poultry are kept are maintained at all times in a clean condition;
(c) the structure has an impervious floor to permit washing down;
(d) subject to clause (a) poultry that have been released to free-range are otherwise confined to
the property; and
(e) the poultry do not cause or be a nuisance to any person.
2.9 Roosters, geese, turkeys, peafowls, guinea fowls, emu and ostrich
(1) Except on land in a rural or rural residential zone or with the prior written permission of the local
government, an owner or occupier of premises shall not keep or allow to be kept on that land a
rooster; a goose or gander; a turkey; a peacock or peahen; a guinea fowl; an emu or an ostrich.
(2) The local government may upon written application, grant approval with or without conditions to
the owner or occupier of premises to keep any one or more birds as specified.
2912 GOVERNMENT GAZETTE, WA 14 June 2017
(3) A person who has been granted approval under this section to keep a bird may keep the bird on
the premises only while he or she is the occupier thereof.
(4) The local government may revoke an approval granted under this section if it is of the opinion that
the keeping of the birds specified in the approval is causing a nuisance or is injurious, offensive or
dangerous to health.
2.10 Pigeons or doves
A person who keeps, or permits to be kept, pigeons or doves shall ensure that—
(a) none is able to approach within 15 metres of a dwelling, public building or premises where
people are employed or where food is stored, prepared, manufactured or sold; and
(b) except where registered homing pigeons are freed for exercise, the pigeons or doves are kept
in a properly constructed pigeon loft or dove cote that is maintained in such a manner so as
not to cause a nuisance to any person.
2.11 Restrictions on pigeon nesting or perching
(1) The local government may issue a notice to an owner or occupier of a house, in or on which pigeons
are in the habit of nesting or perching, to take reasonable steps to prevent them from continuing to do
so.
(2) Where a notice is issued under subclause (1), the requirements set out in the notice must be
complied with within the period specified in the notice.
PART 3—BUILDING, DEVELOPMENT AND LAND CARE
Division 1—Litter and refuse on building sites and development sites
3.1 Provision of refuse receptacles
The owner or occupier of a building site or development site shall at all times provide and maintain
available for use on the site a refuse receptacle, to the satisfaction of an authorised person, and be 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—
(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 thoroughfare verge, and any other reserve, immediately adjacent to the site free of
refuse generated or originating from the building site or development site; and
(c) 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—
(a) the site and the thoroughfare verge immediately adjacent to it is cleared of all refuse
generated or originating from the building site or development site; and
(b) that all refuse receptacles are permanently removed from the site.
3.3 Unauthorised storage of materials
(1) No construction materials shall be stored on a building site or development site without written
approval of the local government.
(2) Written approval must be obtained from the local government prior to any proposal to store
construction material on any thoroughfare verge.
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, by means of wind, water
or any other cause.
(2) Where the local government forms the opinion that an owner or occupier has not complied with
subclause (1), 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—
(a) comply with subclause (1)(a) or (1)(b);
(b) clean up and properly dispose of any released or escaped dust or liquid waste;
(c) clean up and make good any damage resulting from the released or escaped dust or liquid
waste; and
(d) take reasonable steps to stop any further release or escape of dust or liquid waste.
(3) Where a notice is issued under subclause (2), the requirements set out in the notice must be
complied with in the period as is specified in the notice.
14 June 2017 GOVERNMENT GAZETTE, WA 2913
(4) Where the local government is of the opinion that dust or liquid waste may be released or escape
as a result of an activity which is likely to be carried on 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.
Division 3—Smoke
3.5 Burning of cleared vegetation prohibited
An owner or occupier of any building site or development site shall ensure that no vegetation or other
material cleared from the site is burnt on the site unless authorisation in writing is given by the local
government.
Division 4—Unsightly land and disused materials
3.6 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 any 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
frame specified in the notice.
3.7 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.
3.8 Storage of vehicles and machinery
The owner or occupier of a lot shall not—
(a) store any vehicle, part or body of a vehicle or machinery in a state of disrepair;
(b) allow to remain on any land, a vehicle, part or body of a vehicle or machinery in a state of
disrepair;
(c) wreck, dismantle or break up any vehicle, part or body of a vehicle or machinery; unless-
(i) inside a building;
(ii) or within an area enclosed by a fence or wall not less than 2 metres in height and of
such a nature as to screen all vehicles, parts of bodies of vehicles or machinery from the
street and from adjoining properties; or
(d) wreck, dismantle or break up a vehicle so as to cause a nuisance.
3.9 Commercial wrecking of vehicles
An owner or occupier of land in the district must not undertake, permit or suffer the commercial
wrecking of vehicles on that land, without first having obtained written approval from the local
government.
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
otherwise rendering every door and lid incapable of being fastened; and
(b) removing any refrigerants as per requirements of the Environmental Protection (Ozone
Protection) Policy 2000.
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 at a level that interferes unreasonably with normal daily
activities; 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.
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4.3 Notice may require specified action to prevent emission or reflection of light
(1) Where—
(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 that interferes unreasonably with normal daily activities; 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
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; or
(c) any reflective surfaces be painted or otherwise treated so as to abate the nuisance;
(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 on any land within a townsite, having an area of 2000 square metres or less, set
fire to rubbish, refuse or other materials 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.
(2) Subclause (1) shall not apply to any barbeque, solid fuel water heater, space heater or ovens fired
with dry paper, dry wood, synthetic char or charcoal type fuel.
(3) Subclause (1) 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 not cause or permit the escape of smoke, fumes or
odours from the land so as to cause or to be a nuisance to any person.
Division 3—Livestock carrying vehicles
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.
(3) If a person parks a vehicle containing livestock in a townsite in accordance with subclause (1),
then the person does not contravene subclause (2).
4.7 Truck noise from residential land
A person shall not start or drive a truck on land or adjacent to land which is zoned, approved or used
for residential purposes between the hours of 10.30 pm and 6.30 am on the following day without first
obtaining the written consent of the local government.
Division 4—Stormwater management
4.8 Containment of stormwater
(1) Subject to subclause (2), the owner or occupier of a lot shall ensure that all stormwater received by
any building, house, structure or any paved, sealed or other surfaced areas, including any vehicle
access ways on the lot, is contained and managed within the lot and is not permitted to discharge onto
or run-off onto adjacent land so as to cause a nuisance, or cause damage to any structures situated on
adjacent land.
(2) Subclause (1) shall not prevent the discharge of stormwater from a lot into a local government
stormwater drain, by a method approved by the local government.
(3) The owner or occupier of a lot shall ensure that all stormwater drainage systems on the lot are
maintained in a good state of repair and free from obstruction.
14 June 2017 GOVERNMENT GAZETTE, WA 2915
4.9 Guttering and downpipes
(1) The owner or occupier of a lot shall ensure that each building or house on the lot is provided with
adequate guttering and downpipes sufficient to receive, without overflow, all stormwater from the
roof of the building or house.
(2) The owner or occupier of a lot shall ensure that all guttering and downpipes to each building or
house on the lot are maintained in a good state of repair and free from obstruction.
4.10 Containment and disposal of swimming pool and other wastewater
(1) The owner or occupier of a lot shall ensure that all wastewater and backwash water from
swimming pool filtration systems or other water storage systems associated with a swimming pool
shall be contained within, and disposed onto or into the lot on which the swimming pool is located.
Division 5—Bird nuisance
4.11 Restrictions on feeding of birds
(1) A person shall not feed a bird—
(a) so as to cause a nuisance, or
(b) with a food or substance that is not a natural food of a bird.
(2) Where an authorised person forms the opinion that a person has not complied with subclause (1)
the authorised person may serve the person a notice requiring the person to clean up and properly
dispose of any feed or waste products specified in the notice.
Division 6—Bee keeping
4.12 Interpretation
In this Division, unless the context otherwise requires—
bees means an insect belonging to any of the various hymenopterous insects of the super family
Apoidea and commonly known as a bee.
4.13 Restrictions on keeping of bees in hives
(1) A person shall not keep or permit the keeping of bees anywhere within the district unless written
approval to do so has been given by the local government.
(2) Where an authorised person forms the opinion that the approved bee hives are causing a nuisance,
the local government may serve the person a notice requiring the person to remove bees or approved
bee hives to be removed.
(3) A person shall comply with a notice within the time specified.
PART 5—OBJECTIONS AND APPEALS
5. Objections and appeals
When the local government makes a decision under this local law as to whether it will—
(a) grant a person a permit or authorisation;
(b) vary or cancel a permit or authorisation; or
(c) give a person a notice;
the provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations shall apply to
that decision.
PART 6—ENFORCEMENT
6.1 Notice of breach
(1) Where a breach of any provision of this local law has occurred, the local government may give a
notice in writing to the person alleged to be responsible for such a breach.
(2) A notice issued pursuant to subclause (1) shall—
(a) specify the provision of this local law which has been breached;
(b) specify the particulars of the breach; and
(c) state the manner in which the recipient is required to remedy the breach to the satisfaction of
the local government within a time period stipulated in the notice which shall be not less
than 14 days from the giving of the notice.
(3) It is an offence to fail to comply with a notice issued by the local government pursuant to
subclause (1).
6.2 Form of notices
Where this local law refers to the giving of a notice other than the giving of an infringement notice
and no particular form is prescribed, it will be sufficient that the notice be in writing giving sufficient
details to enable the owner, occupier or other person to whom the notice is issued to know the offence
committed and the measures required to be taken or conditions with which compliance is required, as
the case may be.
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Division 2—Offences and penalties
6.3 Offences and penalties
(1) A person who—
(a) fails to do anything required or directed to be done under this local law;
(b) fails to comply with the requirements of a notice issued under this local law by an authorised
person; or
(c) does anything which under this local law that person is prohibited from doing;
commits an offence.
(2) Where, under this local law, an act is required to be done or forbidden to be done in relation to any
land or premises, the owner or occupier of the land or premises has the duty of causing to be done the
act so required to be done, or of preventing from being done the act forbidden to be done.
(3) A person who commits an offence under this local law is liable to a maximum penalty of $5000 and
a maximum daily penalty of $500 in respect of each day or part of a day during which the offence has
continued.
Division 3—Infringement notices and modified penalties
6.4 Prescribed offences
(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of
section 9.16(1) of the Act.
(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause
in Schedule 1—
(a) in the case of a first offence the modified penalty will be that prescribed in column 4 of
Schedule 1; and
(b) in the case of a subsequent offence the modified penalty will be that prescribed in column 5 of
Schedule 1.
6.5 Form of infringement notices
For the purposes of this local law—
(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to
in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;
(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in
Schedule 1 of the Regulations; and
(c) the form of the notice given under section 9.20 of the Act withdrawing an infringement notice
is that of Form 3 in Schedule 1 of the Regulations.
————
Schedule 1
PRESCRIBED OFFENCES
[Clause 6.4]
Item Clause Description of offence
Modified
penalty—
first offence
Modified
penalty—
subsequent
offence
2.2(a) Failure to maintain an animal or bird enclosure in a
clean condition
$250 $500
2.2(b) Keeping of an animal or bird so as to cause a
nuisance
$250 $500
2.3(1) Disposal of a dead animal on their premises $250 $500
2.3(2) Allowing a dead animal on their land to cause a
nuisance
$250 $500
2.5(1) Keeping a horse, cow or large animal within a
townsite without written approval
$250 $500
2.5(2)(a) Failure to provide 2000 square metres of area for an
approved animal
$250 $500
2.5(2)(b) Failure to keep an approved animal more than 30
metres from a dwelling
$250 $500
2.7 Keeping more than 12 poultry and pigeons within a
townsite
$250 $500
2.8(a) Failure to provide a properly constructed and
securely fastened poultry structure or coop
$250 $500
2.8(b) Failure to maintain a poultry structure in a clean
condition
$250 $500
14 June 2017 GOVERNMENT GAZETTE, WA 2917
Item Clause Description of offence
Modified
penalty—
first offence
Modified
penalty—
subsequent
offence
11. 2.8(c) Failure to provide a structure with an impervious
floor graded to the front
$250 $500
12. 2.8(d) Failure to keep poultry confined to the property $250 $500
13. 2.8(e) Keeping of poultry so as to cause a nuisance $250 $500
14. 2.9(1) Keeping of a rooster, goose or gander, turkey,
peacock or peahen, guinea fowl, emu or ostrich
without written permission of local government
$250 $500
15. 2.10(a) Allowing pigeons to approach within 15 metres of a
dwelling, public building or food business
$250 $500
16. 2.10(b) Failure to keep pigeons or doves in a properly
constructed loft or cote
17. 2.11(2) Failure to comply with a notice issued by the local
government
$250 $500
18. 3.1 Failure to provide or maintain a refuse receptacle on
a building site or development site
$250 $500
19. 3.2(1)(a) Failure to contain refuse on a building site or
development site in a refuse receptacle
$250 $500
20. 3.2(1)(b) Failure to keep the thoroughfare verge, or any other
reserve adjacent to a building site or development
site free from refuse generated or originating from
the site
$250 $500
21. 3.2(1)(c) Failure to empty the refuse receptacle when full $250 $500
22. 3.2(2)(a) Failure to clear the site, adjacent thoroughfare verge
or reserve of refuse within 2 days of completion of
works on the site
$250 $500
23. 3.2(2)(b) Failure to ensure all refuse receptacles are removed
from the site within 2 days of the completion of
works on the site
$250 $500
24. 3.3(1) Unauthorised storage of construction materials on a
building site or development site
$250 $500
25. 3.3(2) Unauthorised storage of construction materials on a
thoroughfare verge
$250 $500
26. 3.4(3) Failure to comply with a notice issued by the local
government
$250 $500
27. 3.4(4) Failure to comply with a notice issued by the local
government
$250 $500
28. 3.5 Burning of vegetation or other material cleared from
a building site or development site
$250 $500
29. 3.6(2) Failure to comply with a notice issued by the local
government
$250 $500
30. 3.7(2) Failure to comply with a notice issued by the local
government
$250 $500
31. 3.8(a) Store on a lot a vehicle, part or body of a vehicle or
machinery in a state of disrepair
$250 $500
32. 3.8(b) Allow to remain on any land, a vehicle, part or body
of a vehicle or machinery in a state of disrepair
$250 $500
33. 3.8(c)(i) Wreck, dismantle or break up any vehicle part or
body, vessel or machinery not inside a building
$250 $500
34. 3.8(c)(ii) Wreck, dismantle or break up any vehicle part or
body, vessel or machinery not behind a sufficient
fence or wall
$250 $500
35. 3.8(d) Wreck, dismantle or break up a vehicle, vessel or
machinery so as to cause a nuisance
$250 $500
36. 3.9 Undertake or permit to undertake the commercial
wrecking of vehicles
$250 $500
37. 3.10(a) Disposing of disused refrigerator or similar container
with door or lid that can be fastened
$250 $500
38. 3.10(b) Disposing of disused refrigerator or similar container
without removing refrigerant
$250 $500
2918 GOVERNMENT GAZETTE, WA 14 June 2017
Item Clause Description of offence
Modified
penalty—
first offence
Modified
penalty—
subsequent
offence
39. 4.1 Failure to prevent floodlights or other exterior lights
from shining directly onto any other premises
$250 $500
40. 4.2(a) Emitting or reflecting excessive artificial light that
creates or causes a nuisance
$250 $500
41. 4.2(b) Emitting or reflecting natural light that creates or
causes a nuisance
$250 $500
42. 4.3(2) Failure to comply with a notice issued by the local
government
$250 $500
43. 4.4(1) Setting fire to rubbish, refuse or other material on a
lot having an area of 2000 square metres or less
without the approval of the local government
$250 $500
44. 4.5 Cause or permit the escape of smoke, fumes, odour
and other emissions so as to cause a nuisance
$250 $500
45. 4.6(1) Parking a livestock vehicle in a townsite in excess of
30 minutes
$250 $500
46. 4.6(2) Parking a livestock vehicle so as to cause a nuisance $250 $500
47. 4.7 Starting or driving a truck on residential land, or
adjoining residential land, without consent
$250 $500
48. 4.8(1) Failure to ensure that all rainwater or stormwater
received by a lot and any building, house or
structure on the lot, is contained within the lot
$250 $500
49. 4.9(1) Failure to have adequate guttering and downpipes
sufficient to receive all stormwater
$250 $500
50. 4.9(2) Failure to maintain all guttering and downpipes in a
good state of repair and free from obstruction
$250 $500
51. 4.10(1) Failure to contain or dispose of swimming pool
wastewater on the lot on which the swimming pool
is located
$250 $500
52. 4.11(1)(a) Feeding a bird so as to cause a nuisance $250 $500
53. 4.11(1)(b) Feeding a bird a food/substance that is not a natural
food
$250 $500
54. 4.13(1) Keeping bees or a bee hive without approval $250 $500
55. 4.13(3) Failure to comply with a notice to remove bees or a
bee hive
$250 $500
This Local Law was made by the Shire of Donnybrook-Balingup at an Ordinary Meeting held on
26 April 2017.
Dated: 29 May 2017.
The Common Seal of the Shire of Donnybrook-Balingup was affixed by authority of a resolution of the
Council in the presence of—
Cr. ANGELO LOGIUDICE, President.
BENJAMIN ROSE, Chief Executive Officer.
———————————
14 June 2017 GOVERNMENT GAZETTE, WA 2919
WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007
LOCAL GOVERNMENT ACT 1995
SHIRE OF DONNYBROOK-BALINGUP
WASTE 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
1.6 Local public notice of determinations
1.7 Rates, fees and charges
1.8 Power to provide waste services
PART 2—LOCAL GOVERNMENT WASTE
2.1 Supply of receptacles
2.2 Deposit of waste in receptacles
2.3 General waste receptacles
2.4 Recycling waste receptacles
2.5 Organic waste receptacles
2.6 Direction to place or remove a receptacle
2.7 Duties of owner or occupier
2.8 Exemption
2.9 Damaging or removing receptacles
PART 3—GENERAL DUTIES
3.1 Duties of an owner or occupier
3.2 Removal of waste from premises
3.3 Receptacles and containers for public use
PART 4—OPERATION OF WASTE FACILITIES
4.1 Operation of this Part
4.2 Hours of operation
4.3 Signs and directions
4.4 Fees and charges
4.5 Depositing waste
4.6 Prohibited activities
PART 5—ENFORCEMENT
5.1 Offences and general penalty
5.2 Other costs and expenses
5.3 Prescribed offences
5.4 Form of notices
SCHEDULE 1—MEANING OF ‘NON-COLLECTABLE WASTE’
SCHEDULE 2—PRESCRIBED OFFENCES
14 June 2017 GOVERNMENT GAZETTE, WA 2921
WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007
LOCAL GOVERNMENT ACT 1995
SHIRE OF DONNYBROOK-BALINGUP
WASTE LOCAL LAW 2017
Under the powers conferred on it by the Waste Avoidance and Resource Recovery Act 2007 and the
Local Government Act 1995 and under all other enabling powers, the Council of the Shire of
Donnybrook-Balingup resolved on 26 April 2017 to make the following local law.
PART 1—PRELIMINARY
1.1 Short title
This is the Shire of Donnybrook-Balingup Waste 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
This local law repeals Division 2 of Part 4 of the Shire of Donnybrook-Balingup Health Local Laws
1999, as published in the Government Gazette on 14 March 2000.
1.5 Meaning of terms used in this local law
(1) In this local law—
authorised person means a person appointed by the local government under section 9.10 of the
LG Act to perform any of the functions of an authorised person under this local law;
collectable waste means local government waste that is not—
(a) liquid refuse,
(b) liquid waste; or
(c) non-collectable waste;
collection when used in relation to a receptacle, means the collection and removal of collectable
waste from the receptacle by the local government or its contractor;
collection day means the day determined by the local government for the collection of collectable
waste in the district or a part of the district;
collection time means the time on the collection day determined by the local government for the
collection of collectable waste in the district or a part of the district;
costs of the local government include administrative costs;
district means the district of the local government;
general waste receptacle means a receptacle for the deposit and collection of collectable waste
that is not recycling waste;
liquid refuse includes swimming pool discharges, washings from windows, vehicles and carpet
cleaning, discharges from air conditioning equipment and other liquid used for cooling
purposes;
liquid waste includes bathroom, kitchen, scullery and laundry wastes, septic tank contents,
washings from animal or poultry pens and any other domestic or trade waste discharged by
means of a drain into a receptacle for drainage;
LG Act means the Local Government Act 1995;
LG Regulations means the Local Government (Functions and General) Regulations 1996;
local government means the Shire of Donnybrook-Balingup;
local government waste has the same meaning as in the WARR Act;
non-collectable waste has the meaning set out in Schedule 1;
2922 GOVERNMENT GAZETTE, WA 14 June 2017
occupier in relation to premises, means any or all of the following—
(a) a person by whom or on whose behalf the premises are actually occupied; or
(b) a person having the management or control of the premises;
organic waste means waste that decomposes readily, such as garden waste or food waste;
organic waste receptacle means a receptacle for the deposit and collection of organic waste;
owner has the same meaning as in the LG Act;
public place includes a place to which the public ordinarily have access, whether or not by
payment of a fee;
receptacle means a receptacle—
(a) that has been supplied for the use of the premises by the local government or its
contractor, or which has otherwise been approved by the local government; and
(b) the waste from which is collected and removed from the premises by the local
government or its contractor;
recycling waste receptacle means a receptacle for the deposit and collection of recycling waste;
recycling waste means—
(a) paper and cardboard;
(b) plastic containers comprised of polyethylene terephthalate or high density
polyethylene;
(c) glass containers;
(d) steel containers;
(e) aluminium containers;
(f) liquid paper board; and
(g) any other waste determined by the local government to be recycling waste;
specified means specified by the local government or an authorised person, as the case may be;
street alignment means the boundary between the land comprising a street and the land that
abuts the street;
WARR Act means the Waste Avoidance and Resource Recovery Act 2007;
waste has the same meaning as in the WARR Act;
waste facility means a waste facility, as defined in the WARR Act, that is operated by the local
government; and
waste service has the same meaning as in the WARR Act.
(2) Where, in this local law, a duty or liability is imposed on an owner or occupier, or on an owner and
occupier, the duty or liability is taken to be imposed jointly and severally on each of the owners or
occupiers.
1.6 Local public notice of determinations
Where, under this local law, the local government has a power to determine a matter—
(a) local public notice, under section 1.7 of the LG Act, must be given of the matter determined;
(b) the determination becomes effective only after local public notice has been given;
(c) the determination remains in force for the period of one year after the date that local public
notice has been given under paragraph (a);
(d) after the period referred to in paragraph (c), the determination continues in force only if, and
for so long as, it is the subject of local public notice, given annually, under section 1.7 of the
LG Act; and
(e) the determination must be recorded in a publicly accessible register of determinations that
must be maintained by the local government.
1.7 Rates, fees and charges
The local government’s powers to impose rates, fees and charges in relation to waste services are set
out in sections 66 to 68 of the WARR Act and section 6.16 and 6.17 of the LG Act.
1.8 Power to provide waste services
The local government’s power to provide, or enter into a contract for the provision of, waste services is
dealt with in section 50 of the WARR Act.
PART 2—LOCAL GOVERNMENT WASTE
2.1 Supply of receptacles
(1) The local government is to supply, for the use of each premises situated within the area covered by
the kerbside collection service, receptacles that are, or are capable of being, occupied or used for
residential purposes, one or more receptacles for the collection and removal, from those premises, of
collectable waste.
(2) The owner of premises to which subclause (1) applies must—
(a) ensure that the fee or charge (if any) imposed by the local government in relation to each
receptacle is paid to the local government; and
14 June 2017 GOVERNMENT GAZETTE, WA 2923
(b) ensure that each receptacle is used, in respect of those premises, in accordance with this local
law.
2.2 Deposit of waste in receptacles
(1) An owner or occupier of premises must not deposit or permit to be deposited in a receptacle any
non-collectable waste.
(2) A person must not deposit waste in a receptacle that has been provided for the use of other
premises without the consent of the owner or occupier of those premises.
2.3 General waste receptacles
(1) An owner or occupier of premises must not deposit or permit to be deposited in a general waste
receptacle—
(a) where the receptacle has a capacity of 240 litres—more than 70 kilograms of collectable
waste; or
(b) where the receptacle has any other capacity—more than the weight determined by the local
government.
(2) Where the local government supplies recycling waste receptacles, an owner or occupier of premises
must not deposit or permit to be deposited in a general waste receptacle any recycling waste.
(3) Where the local government supplies organic waste receptacles, an owner or occupier of premises
must not deposit or permit to be deposited in a general waste receptacle any organic waste.
2.4 Recycling waste receptacles
An owner or occupier of premises must not deposit or permit to be deposited in a recycling waste
receptacle—
(a) anything other than the particular type of recycling waste for which that receptacle was
provided by the local government for those premises;
(b) where the receptacle has a capacity of 240 litres— more than 70 kilograms of recycling waste;
or
(c) where the receptacle has any other capacity—more than the weight determined by the local
government.
2.5 Organic waste receptacles
An owner or occupier of premises must not deposit or permit to be deposited in an organic waste
receptacle—
(a) anything other than the particular type of organic waste for which that receptacle was
provided by the local government for those premises;
(b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of organic waste; or
(c) where the receptacle has any other capacity—more than the weight determined by the local
government.
2.6 Direction to place or remove a receptacle
(1) The local government or an authorised person may give a written direction to an owner or occupier
of specified premises—
(a) to place a receptacle in respect of those premises for collection; or
(b) to remove a receptacle in respect of those premises after collection.
(2) The direction under subclause (1) may specify when the placement or removal is to occur, or where
the receptacle is to be placed, or both.
(3) An owner or occupier of premises must comply with a direction given under this clause.
2.7 Duties of owner or occupier
An owner or occupier of premises must—
(a) except for a reasonable period before and after collection time, keep each receptacle in a
storage space or area that is behind the street alignment;
(b) take reasonable steps, if placing a receptacle for collection on the verge adjoining the
premises, or other area as determined by the local government, to ensure that, within a
reasonable period before collection time, each receptacle is—
(i) within 1 metre of the carriageway;
(ii) so that it does not unduly obstruct any footpath, cycle way, right-of-way or carriageway;
and
(iii) facing squarely to the edge of and opening towards the carriageway,
or in such other position as is approved in writing by the local government or an authorised
person;
(c) take reasonable steps to ensure that the premises are provided with an adequate number of
receptacles; and
(d) if the receptacle is lost, stolen, damaged or defective, notify the local government, as soon as
practicable, after the event.
2924 GOVERNMENT GAZETTE, WA 14 June 2017
2.8 Exemption
(1) An owner or occupier of premises may apply in writing to the local government for an exemption
from compliance with the requirements of clause 2.7(a) or (b).
(2) The local government or an authorised person may grant, with or without conditions, or refuse an
application for exemption from compliance under this clause.
(3) An exemption granted under this clause must state—
(a) the premises to which the exemption applies;
(b) the period during which the exemption applies; and
(c) any conditions imposed by the local government or the authorised person.
(4) An exemption granted under this clause ceases to apply—
(a) if the local government decides, on reasonable grounds, that there has been a failure to
comply with a condition of the exemption; and
(b) from the date that the local government informs the owner or occupier of its decision under
clause 2.8(4)(a).
2.9 Damaging or removing receptacles
A person, other than the local government or its contractor, must not—
(a) damage, destroy or interfere with a receptacle; or
(b) except as permitted by this local law or as authorised by the local government or an
authorised person, remove a receptacle from any premises to which it was delivered by the
local government or its contractor.
PART 3—GENERAL DUTIES
3.1 Duties of an owner or occupier
An owner or occupier of premises must—
(a) take reasonable steps to ensure that a sufficient number of receptacles are provided to
contain all waste which accumulates or may accumulate in or from the premises;
(b) ensure that each receptacle is kept in good condition and repair;
(c) take all reasonable steps to—
(i) prevent fly breeding and keep each receptacle free of flies, maggots, cockroaches,
rodents and other vectors of disease;
(ii) prevent the emission of offensive or noxious odours from each receptacle; and
(iii) ensure that each receptacle does not cause a nuisance to an occupier of adjoining
premises; and
(d) whenever directed to do so by the local government or an authorised person, thoroughly
clean, disinfect, deodorise and apply a residual insecticide to each receptacle.
3.2 Removal of waste from premises
(1) A person must not remove any waste from premises unless that person is—
(a) the owner or occupier of the premises;
(b) authorised to do so by the owner or occupier of the premises; or
(c) authorised in writing to do so by the local government or an authorised person.
(2) A person must not remove any waste from a receptacle without the approval of—
(a) the local government or an authorised person; or
(b) the owner or occupier of the premises at which the receptacle is ordinarily kept.
3.3 Receptacles and containers for public use
A person must not, without the approval of the local government or an authorised person—
(a) deposit household, commercial or other waste from any premises on or into; or
(b) remove any waste from,
a receptacle provided for the use of the general public in a public place.
PART 4—OPERATION OF WASTE FACILITIES
4.1 Operation of this Part
This Part applies to a person who enters a waste facility.
4.2 Hours of operation
The local government may from time to time determine the hours of operation of a waste facility.
4.3 Signs and directions
(1) The local government or an authorised person may regulate the use of a waste facility—
(a) by means of a sign; or
(b) by giving a direction to a person within a waste facility.
14 June 2017 GOVERNMENT GAZETTE, WA 2925
(2) A person within a waste facility must comply with a sign or direction under subclause (1).
(3) The local government or an authorised person may direct a person who commits, or is reasonably
suspected by the local government or the authorised person of having committed, an offence under
this clause to leave the waste facility immediately.
(4) A person must comply with a direction under subclause (3).
4.4 Fees and charges
(1) Unless subclause (3) applies, a person must, on or before entering a waste facility or on demand by
the local government or an authorised person, pay the fee or charge as assessed by an authorised
person.
(2) An authorised person may assess the fee or charge in respect of a particular load of waste at a rate
that applies to any part of that load, even if that rate is higher than the rate that would apply to any
other part of the load.
(3) Subclause (1) does not apply—
(a) to a person who disposes of waste in accordance with the terms of—
(i) a credit arrangement with the local government; or
(ii) any other arrangement with the local government to pay the fee or charge at a different
time or in a different manner; and
(b) to the deposit of waste owned by the local government, or in the possession of an employee on
behalf of the local government.
4.5 Depositing waste
(1) A person must not deposit waste at a waste facility other than—
(a) at a location determined by a sign and in accordance with the sign; and
(b) in accordance with the direction of an authorised person.
(2) The local government may determine the classification of any waste that may be deposited at a
waste facility.
4.6 Prohibited activities
(1) Unless authorised by the local government, a person must not—
(a) remove any waste or any other thing from a waste facility;
(b) deposit at a waste facility that is a landfill site any waste that is toxic, poisonous or
hazardous, or the depositing of which is regulated or prohibited by any written law;
(c) light a fire in a waste facility;
(d) remove, damage or otherwise interfere with any flora in a waste facility;
(e) remove, injure or otherwise interfere with any fauna in a waste facility; or
(f) damage, deface or destroy any building, equipment, plant or property within a waste facility.
(2) A person must not act in an abusive or threatening manner towards any person using, or engaged
in the management or operation of, a waste facility.
PART 5—ENFORCEMENT
5.1 Offences and general penalty
(1) 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 a person is prohibited from doing, commits an offence.
(2) 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 a further penalty not exceeding $500
in respect of each day or part of a day during which the offence has continued.
5.2 Other costs and expenses
(1) A person who is convicted of an offence under this local law is to be liable, in addition to any
penalty imposed under clause 5.1, to pay to the local government the costs and expenses incurred by
the local government in taking remedial action such as—
(a) removing and lawfully disposing of toxic, hazardous or poisonous waste; or
(b) making good any damage caused to a waste facility.
(2) The costs and expenses incurred by the local government are to be recoverable, as a debt due to
the local government, in a court of competent civil jurisdiction.
5.3 Prescribed offences
(1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of
section 9.16(1) of the LG Act.
(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause
in Schedule 2.
5.4 Form of notices
(1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in
section 9.13 of the LG Act is that of Form 1 in Schedule 1 of the LG Regulations;
2926 GOVERNMENT GAZETTE, WA 14 June 2017
(2) The form of the infringement notice given under section 9.16 of the LG Act is that of Form 2 in
Schedule 1 of the LG Regulations; and
(3) The form of the infringement withdrawal notice given under section 9.20 of the LG Act is that of
Form 3 in Schedule 1 of the LG Regulations.
————
Schedule 1
MEANING OF ‘NON-COLLECTABLE WASTE’
[Clause 2.2(1)]
non-collectable waste means—
(a) hot or burning material;
(b) household hazardous waste, including paint, acids, alkalis, fire extinguishers, solvents,
pesticides, oils, gas cylinders, batteries, chemicals and heavy metals;
(c) any other hazardous material, such as radioactive waste;
(d) any explosive material, such as flares or ammunition;
(e) electrical and electronic equipment;
(f) hospital, medical, veterinary, laboratory or pathological substances;
(g) construction or demolition waste;
(h) sewage;
(i) ‘controlled waste’ for the purposes of the Environmental Protection (Controlled Waste)
Regulations 2004;
(j) any object that is greater in length, width, or breadth than the corresponding dimension of
the receptacle or that will not allow the lid of the receptacle to be tightly closed;
(k) waste that is or is likely to become offensive or a nuisance, or give off an offensive or noxious
odour, or to attract flies or cause fly breeding unless it is first wrapped in non-absorbent or
impervious material or placed in a sealed impervious and leak-proof container; and
(l) any other waste determined by the local government to be non-collectable waste.
————
Schedule 2
PRESCRIBED OFFENCES
[Clause 5.3]
Item
No. Clause No. Description Modified
Penalty
1 2.1(2)(a) Failing to pay fee or charge $350
2 2.1(2)(b) Failing to ensure lawful use of receptacle $350
3 2.2(1) Depositing non-collectable waste in a receptacle $350
4 2.2(2) Depositing waste in another receptacle without consent $350
5 2.3(1) Exceeding weight capacity of a general waste receptacle $350
6 2.3(2) and (3) Depositing unauthorised waste in a general waste
receptacle
$350
7 2.4(a) Depositing unauthorised waste in a recycling waste
receptacle
$350
8 2.4(b) and (c) Exceeding weight capacity of a recycling waste receptacle $250
9 2.5(a) Depositing unauthorised waste in an organic waste
receptacle
$350
10 2.5(b) and (c) Exceeding weight capacity of an organic waste receptacle $350
11 2.6(3) Failing to comply with a direction concerning placement
or removal of a receptacle
$250
12 2.7(a) Failing to keep a receptacle in the required location $250
13 2.7(b) Failing to place a receptacle for collection in a lawful
position
$250
14 2.7(c) Failing to provide a sufficient number of receptacles $250
15 2.7(d) Failing to notify of a lost, stolen, damaged or defective
receptacle
$50
16 2.9(a) Damaging, destroying or interfering with a receptacle $400
17 2.9(b) Removing a receptacle from premises $400
18 3.1(a) Failing to provide a sufficient number of receptacles $250
14 June 2017 GOVERNMENT GAZETTE, WA 2927
Item
No. Clause No. Description Modified
Penalty
19 3.1(b) Failing to keep a receptacle in a good condition and repair $250
20 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a
receptacle
$350
21 3.1(c)(ii) Failing to prevent the emission of offensive odours from a
receptacle
$350
22 3.1(c)(iii) Allowing a receptacle to cause a nuisance $250
23 3.1(d) Failing to comply with a direction to clean, disinfect or
deodorise receptacle
$300
24 3.2(1) Unauthorised removal of waste from premises $250
25 3.2(2) Removing waste from a receptacle without approval $250
26 4.3(2) Failing to comply with a sign or direction $500
27 4.3(4) Failing to comply with a direction to leave $500
28 4.4(1) Disposing waste without payment of fee or charge $500
29 4.5(1) Depositing waste contrary to sign or direction $500
30 4.6(1)(a) Removing waste without authority $250
31 4.6(1)(b) Depositing toxic, poisonous or hazardous waste $500
32 4.6(1)(c) Lighting a fire $300
33 4.6(1)(d) Removing or interfering with any flora $300
34 4.6(1)(e) Interfering with any fauna without approval $300
35 4.6(1)(f) Damaging, defacing or destroying any building,
equipment, plant or property within a waste facility
$500
36 4.6(2) Acting in an abusive or threatening manner $300
Consented to—
DAN VOLARIC, Acting Director General,
Department of Environment Regulation.
Date: 16 March 2017.
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This Local Law was made by the Shire of Donnybrook-Balingup at an Ordinary Meeting held on 26
April 2017.
Dated: 29 May 2017.
The Common Seal of the Shire of Donnybrook Balingup was affixed by authority of a resolution of the
Council in the presence of—
Cr ANGELO LOGIUDICE, President.
BENJAMIN ROSE, Chief Executive Officer.
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