3078GOVERNMENT GAZETTE, WA 21 June 2017

3078 GOVERNMENT GAZETTE, WA 21 June 2017 6.24 Premises to be approved (1) No premises shall be used as a piggery unless approved by the local government. (2) Subject to subclause (3), no premises shall be approved as a piggery by the local government unless every portion of such piggery complies with the minimum separation distances listed in Schedule 2; or if it is an intensive piggery, the minimum separation distances listed in Schedule 3. (3) Sites unable to satisfy the separation requirements may be approved at the discretion of the local government, if the local government is satisfied that approving the piggery will not give rise to a health nuisance. 6.25 Site conditions The owner or occupier of premises must take reasonable measures to prevent the discharge of dust which may involve— (a) reducing the stocking rate immediately to a level that does not cause the discharge of dust; (b) stabilisation of the soil surface to a level that does not cause the discharge of dust; or (c) provision of adequate windbreaks to effectively prevent the discharge of dust. PART 7—PEST CONTROL Division 1—Flies 7.1 Interpretation In this Division, unless the context otherwise requires flies means any of the 2 winged insects constituting the order Diptera commonly known as flies, excluding stable fly (Stomoxys calcitrans). 7.2 Fly breeding matter not to be left on premises unless covered or treated An owner or occupier of premises shall not place, throw or leave, or permit or cause to be placed, thrown or left in, on or about the premises any matter or thing which is liable to attract or be a breeding place for flies, unless that matter or thing is covered, protected, treated or dealt with in such a manner as to effectively prevent it from attracting or being a breeding place for flies. 7.3 Measures to be taken by an occupier An owner or occupier of premises shall ensure that— (a) rubbish receptacles are kept clean and tightly sealed at all times except when refuse is being deposited or emptied; (b) food scraps and uneaten pet food are wrapped tightly and deposited in a rubbish receptacle without delay; (c) lawn clippings used on gardens as mulch are raked out thinly; (d) fertilisers are dug well into the soil; (e) compost heaps are kept well covered; (f) barbecues are kept clean and free from food scraps; (g) anything that is buried and may attract or be a breeding place for flies is covered with at least 100 millimetres of soil; and (h) excrement from pets is collected and properly disposed of without delay. 7.4 Officer may give notice directing measures to be taken Where in the opinion of an Environmental Health Officer flies are prevalent or are breeding on any premises, the Environmental Health Officer may give to the owner or occupier of the premises notice in writing directing him or her to take, within the time specified in the notice, such measures as in the opinion of the Environmental Health Officer are necessary to— (a) control the prevalence; (b) effect the eradication; or (c) effectively prevent the breeding; of flies. 7.5 Local government may execute work and recover costs (a) a person is required under this Division or directed by a notice given under clause 7.4, to execute any work; and the local government may execute the work and may recover from that person the cost of executing the work, in addition to any penalty for which that person may be liable under this local law. (2) The costs and expenses incurred by the local government in the execution of a power under subclause (1), may be recovered in a court of competent jurisdiction from the person referred to in (3) The local government shall not be liable to pay compensation or damages of any kind to the person referred to in subclause (1) in relation to any action taken by the local government under this clause, except to the extent the person has suffered loss or damage because the action taken by the local government was negligent or in breach of its duty.