Part 6PEST CONTROL

PART 6—PEST CONTROL Division 1—Flies 6.1.1 Interpretation flies means any of the two-winged insects constituting the order Diptera commonly known as flies. 6.1.2 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 the 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. 6.1.3 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;

22 December 2017 GOVERNMENT GAZETTE, WA 6051 (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 thinly out; (d) fertilisers are dug well into 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. 6.1.4 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 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. 6.1.5 Local government may execute work and recover costs (a) a person is required under this Division or directed by a notice under clause 6.1.4, to execute any work; and (b) that person fails or neglects to comply with the requirement, the local government may execute the work and recover from the 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. Division 2—Mosquitoes 6.2.1 Interpretation In the Division, unless the context otherwise requires— mosquitoes means any of the two-winged insects constituting the family Diptera Culicidae commonly known as mosquitoes. 6.2.2 Premises to be kept free of mosquito breeding matter An owner or occupier of premises shall keep the premises free of— (a) refuse; and (b) water located as to be, liable to become the breeding place of mosquitoes. 6.2.3 Measures to be taken to prevent mosquito breeding (1) An owner or occupier of premises shall ensure that the premises is kept free from possible mosquito breeding sites and shall— (a) follow any direction of an Environmental Health Officer for the purpose of (i) controlling the prevalence of mosquitoes; (ii) eradication; or (iii) effectively preventing the breeding of mosquitoes. (b) assist the Environmental Health Officer to locate any possible mosquito breeding sites that may be present in or about the premises. (2) An owner or occupier of premises where water is kept in a horse trough, poultry drinking vessel or other receptacle shall— (a) frequently change the water; and (b) keep the water clean and free from vegetable matter and slime. (3) An owner or occupier of premises where a septic tank is installed shall ensure the fixture is in sound condition at all times, and mesh having openings no larger than 1.2mm covers any educt vent to the system. (4) An owner or occupier of land shall cause all drains and channels in or on the land to be kept in good order and free from obstruction.