Div 5Keeping of bees

Division 5—Keeping of bees 2.19 Permit required to keep bees (1) Subject to the provisions of this clause, a person shall not keep bees or allow bees to be kept on land except in accordance with a valid permit issued in relation to the land. (2) Subclause (1) does not apply where— (a) the land is outside the townsite; and (b) the bees are kept— (i) at least 500 metres from a thoroughfare; or (ii) less than 500 metres from a thoroughfare but the vegetation or a screen or other barrier on the land is such as to encourage the bees to fly at a height over the thoroughfare as will not create a nuisance to users of the thoroughfare. (3) Subclause (1) does not apply where an occupier of land keeps bees on the land— (a) for a continuous period not exceeding 8 weeks; and (b) for the purpose of pollinating a crop on the land. (4) An occupier referred to in subclause (3), in keeping bees under that subclause, shall provide a good and sufficient water supply on the land which is readily accessible by the bees. (5) Subclause (1) does not apply where a person keeps bees on Crown land. 2.20 Application for a permit An applicant for a permit shall— (a) be a person registered as a beekeeper under regulation 13(7) of the Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013; (b) provide such details as may be required by the local government; (c) apply in the form approved by the local government; and (d) pay any application fee imposed and determined by the local government under sections 6.16 to 6.19 of the Act. 2.21 Determination of application (1) The local government may— (a) refuse to determine an application for a permit which does not comply with clause 2.20; (b) approve an application for a permit subject to the conditions referred to in clause 2.22(1) and to such other conditions as it considers appropriate; or (c) refuse to approve an application for a permit. (2) Where an application for a permit is approved subject to conditions, the permit holder is to comply with those conditions or is to cause those conditions to be complied with. (3) Where the local government approves an application under subclause (1)(b), it is to issue to the applicant a permit in the form approved by the local government. (4) A permit is valid from the date of issue unless, and until, it is cancelled under this local law. 2.22 Conditions of approval (1) Without limiting the generality of clause 2.21(1)(b) an application for a permit may be approved by the local government subject to the following conditions— (a) the provision of a good and sufficient water supply on the land which is readily accessible by the bees on the land; (b) each bee hive shall be— (i) kept at a distance specified by the local government from any thoroughfare, public place or boundary of the land; or

15 November 2016 GOVERNMENT GAZETTE, WA 5095 (ii) located near a screen or other barrier so as to prevent the bees flying low over a thoroughfare, public place or adjoining land; (iii) no more than 2 bee hives are to be kept on land of less than 2 000 square metres in area; and (iv) no more than 15 bee hives are to be kept on land between 2 000 square metres and 20 000 square metres in area. (2) In respect of a particular application for a permit, the local government may vary any of the conditions referred to in subclause (1). 2.23 Variation or cancellation of permit and conditions (1) The local government may vary the conditions of a permit after it has been issued. (2) The local government may cancel a permit on the request of a permit holder to do so. (3) Notwithstanding clause 2.27, a permit shall be cancelled on— (a) the permit holder ceasing to be registered as a beekeeper under regulation 13(7) of the Regulations 2013; or (b) the expiration of a continuous period of 12 months during which the permit holder has not kept any bees on the land to which the permit relates, without any action required on the part of the local government. 2.24 Permit holder to notify cessation of registration or keeping of bees (1) In this clause a permit holder includes the holder of a permit cancelled by clause 2.23(3). (2) A permit holder is to notify the local government in writing as soon as practicable after— (a) the permit holder ceases to be registered as a beekeeper under regulation 13(7) of the Regulations 2013; or (b) a continuous period of 12 months has passed during which the permit holder has not kept any bees on the land described in her or his permit. (3) A permit holder shall, within 7 days of the local government giving the permit holder a written notice to do so, provide to the local government— (a) written proof of her or his registration as a beekeeper under regulation 13(7) Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013; (b) in respect of land identified by the local government in its notice, a signed statement as to whether or not he or she has kept bees on the land within the 12 months preceding the date of the notice; or (c) both. 2.25 Permit not transferable A permit is personal to the permit holder, is not transferable and applies only to the land described in the permit. 2.26 Nuisance A person shall not keep, or allow to be kept, bees or bee hives, or both, on land so as to create a nuisance. 2.27 Notice to remove bees (1) Whenever, in the opinion of the local government, a person has contravened any provision of the Regulations 2013 or of this local law which relates to the keeping of bees or bee hives, the local government may give the permit holder, in relation to that land, or if there is no valid permit in relation to that land, an owner or occupier of the land, a written notice requiring her or him to remove any bees or bee hives, or both, from the land within the time specified in the notice. (2) Subject to Division 1 of Part 9 of the Act, on the giving of a notice referred to in subclause (1), any valid permit given by the local government relating to the keeping of bees or bee hives on that land is cancelled from the time specified in the notice, being not less than 7 days from the date it is given. (3) Where a person fails to comply with a notice given under subclause (1), the local government may dispose of the bees or the bee hives or both, in such manner as it sees fit and recover the costs of so doing from the permit holder, or an owner or occupier, as the case may be, as a debt due to it. PART 3—BUILDING, DEVELOPMENT AND LAND CARE Division 1—Litter and refuse on building sites 3.1 Provision of refuse receptacles The owner or occupier of a building or development site shall at all times provide and maintain a refuse receptacle, available for use on the site, which includes a suitable cover, to the satisfaction of an authorised person, 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.