5090GOVERNMENT GAZETTE, WA 15 November 2016

5090 GOVERNMENT GAZETTE, WA 15 November 2016 cow includes an ox, calf or bull; development has the meaning given to it in the Planning and Development Act 2005; development approval means a development approval under a local planning scheme; development site includes any lot or lots for which there is currently a development or subdivision approval, and any lot or lots upon which construction work, earthworks, clearing of scrub, trees or overgrowth or any other site works are taking or have taken place; disused means, in relation to any thing whatsoever, that the thing— (a) is not in use for the purpose for which it was designed or appears to have been designed or intended; or (b) has been stored or left stationary on land in the district for more than 1 month; dust means any visible granular or particulate material which has or has the potential to become airborne and includes organic and non-organic matter and sand, but does not include smoke; dwelling has the meaning given to it in the Residential Design Codes of Western Australia as amended; EHO means an Environmental Health Officer appointed by the local government under the Health Act 1911 and includes any acting or Assistant Environmental Health Officer; farm animal includes a sheep, cow, goat, horse (excluding a miniature horse), deer, alpaca, pig (excluding a miniature pig); food has the meaning given in section 9 of the Food Act 2008; food business has the meaning given under section 10 of the Food Act 2008; food premises means any premises which is used to prepare food or to conduct a food business; horse means a stallion, mare, gelding, shetland pony, pony, colt or foal, and includes an ass, mule, donkey and any beast of whatever description used for burden or draught or for carrying persons; 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 means any horse, cow, sheep, goat, swine, buffalo, deer, camel, llama or alpaca; livestock vehicle means a vehicle that contains livestock or previously has been used for the carriage of livestock; local planning scheme has the meaning given to it by the Planning and Development Act 2005; lot has the meaning given to it by the Planning and Development Act 2005; manure receptacle means a receptacle of sufficient capacity to receive all manure produced in one week on premises upon which a farm animal or farm animals are kept, constructed of smooth, durable, impervious materials, fitted with a fly proof, hinged cover and with no part of the floor lower than the adjoining ground; miniature horse means a horse which meets the standard and height for a miniature horse as described by the Miniature Horse Association of Australia Inc; miniature pig means a pig that does not exceed 650 millimetres in height as an adult and weighs less than 55 kilograms; 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 of 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 has the meaning given in the Act; permit means a permit issued under this local law; permit holder means a person who holds a valid permit; 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; pound means any facility, or any replacement facility, established as a pound by the local government under section 11(1) of the Dog Act 1976; poultry includes fowls, roosters, ducks, peafowls, turkeys, geese, guinea fowls, pheasants and other birds commonly kept for the production of eggs or meat for domestic consumption;