1708 GOVERNMENT GAZETTE, WA 22 March 2017
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 1976.
OFFICE USE ONLY
Application fee paid on [insert date] ……………........……............………
(clause 4.8(1))
Conditions of a licence for an approved kennel establishment
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, 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;
(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
(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 up-stand 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;
22 March 2017 GOVERNMENT GAZETTE, WA 1709
(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
(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.
(clause 7.2)
Offences in respect of which modified penalties apply
Offence Nature of offence Modified
$
Dangerous
dog
modified
$
3.1 Failing to provide means for effectively confining a dog 50 200
4.9 Failing to comply with the conditions of a licence 100 200
5.1(2) Dog in place from which prohibited absolutely 200 400
————
22 March 2017 GOVERNMENT GAZETTE, WA 1711
DIVIDING FENCES ACT 1961
1.5 Interpretation
1.6 Fees and charges
PART 2—FENCES
Division 1—Sufficient fences
2.1 Sufficient fences
Division 2—General
2.2 Fences within front or rear setback areas
2.3 Gates in fences
2.4 Depositing fencing material on public place
2.5 Alteration of ground levels
2.6 Maintenance of fences
2.7 Fences and sight lines
2.8 Fences across rights-of-way, public access ways or thoroughfares
2.9 General discretion of the local government
Division 3—Fencing materials
2.10 Pre-used fencing materials
2.11 Barbed wire fences and spiked or jagged materials
2.12 Electrified and razor wire fences
2.13 Prohibited fencing materials
Division 4—Tennis court fencing
2.14 Tennis court fencing
Division 5—Estate fencing
2.15 Estate fencing
PART 3—APPROVALS
3.1 Application for approval
3.2 Decision on application for approval
3.3 Compliance with approval
3.4 Duration of approval
PART 4—MISCELLANEOUS
4.1 False or misleading statement
1712 GOVERNMENT GAZETTE, WA 22 March 2017
PART 5—NOTICES OF BREACH
5.1 Notices of breach
PART 6—OFFENCES
6.1 Offences and penalties
6.2 Modified penalties
6.3 Form of notices
PART 7—OBJECTIONS AND REVIEW
7.1 Objections and review
Schedule 1—Prescribed offences
Schedule 2—Residential lot
Schedule 3—Town centre lot
Schedule 3a—Industrial and light industrial lot
Schedule 4—General agriculture lot
Schedule 4a—Rural residential rural smallholding special mix
residential or rural townsite lot
Schedule 5—Electrified fence licence
Schedule 6—Razor wire fence licence
22 March 2017 GOVERNMENT GAZETTE, WA 1713
DIVIDING FENCES ACT 1961
Under the powers conferred by the Local Government Act 1995 and under all other powers enabling
it, the Council of the Shire of Moora resolved on 7 December 2016 to make the following local law.
This local law may be cited as the Shire of Moora Fencing Local Law 2016.
The Municipality of the Shire of Moora By-laws—Fencing, published in the Government Gazette
Section 1708 - General Amendment Local Law 2016 - GOVERNMENT GAZETTE, WA 22 March 2017 | Zoe