760 GOVERNMENT GAZETTE, WA 7 March 2018
Division 3—Rubbish and Refuse
4.7 Interpretation
rubbish or refuse includes any filth, dirt, ashes, vegetation, garden refuse, waste material,
waste food, sludge, offensive matter, cinders, wood or metal shavings and sawdust but does
not include liquid waste or liquid refuse; and
refuse disposal site means land set apart by the local government under the Act as a site for the
deposit of rubbish or refuse; or which is licensed or registered under the provisions of the
Environmental Protection Regulations 1987; and any waste facility as defined in the Waste
Avoidance and Resource Recovery Act 2007 that is operated by the local government.
4.8 Deposit of refuse
A person shall not deposit or cause or permit to be deposited any rubbish or refuse in or on any street
or on any land other than a refuse disposal site defined in these local laws or a waste service or waste
facility as defined in the Waste Avoidance and Resource Recovery Act 2007 that is operated by the
local government or by an approved contractor.
4.9 Burning of rubbish or refuse
(1) A person shall not set fire to rubbish, either in any incinerator or on the ground except in
accordance with the conditions of the local government.
(2) Subject to subclause (3), the burning of rubbish is subject to the following conditions—
(a) the material to be burnt—
(i) does not include any plastic, rubber, food scraps, green garden cuttings and other
material which may become offensive when burnt; and
(ii) is of such quantity, or of such a nature, as to be unsuitable for removal by the local
government refuse collection service; and
(b) there is no other appropriate means of disposal;
(c) burning shall not take place—
(i) during any period for which an air dispersion alert has been issued by the Bureau of
Meteorology; or
(ii) where there is no current air dispersion alert, outside the hours of 10.00am to 6.00pm;
and
(d) burning shall only be undertaken using an incinerator that is designed to burn efficiently in
order to minimise smoke emissions and which incorporates a spark arresting device and
which is located—
(i) at least 3 metres from a fence, building or inflammable matter; and
(ii) in such a position so as not to create a nuisance or be offensive to other persons.
(3) Subject to any requirements of a Fire Break Notice issued by the local government and any
directions issued by the Department of Fire and Emergency Services, the local government may grant
a permit to clear by burning fire breaks or vacant blocks of grass, straw, hay, undergrowth, herbage
and other similar vegetation.
(4) An owner or occupier of any building or development site shall ensure that no vegetation or other
material cleared from the site is burnt on the site.
4.10 Suitable enclosure
(1) An owner or occupier of premises—
(a) consisting of more than 3 dwellings; or
(b) used for commercial or industrial purposes or a food premises,
shall if required by the local government provide a suitable enclosure for the storage and cleaning of
receptacles on the premises.
(2) An owner or occupier of premises required to provide a suitable enclosure under this clause shall
keep the enclosure thoroughly clean and disinfected.
(3) For the purposes of this Section, a “suitable enclosure” means an enclosure—
(a) of sufficient size to accommodate all receptacles used on the premises but in any event having
a floor area not less than a size approved by the local government;
(b) constructed of brick, concrete, corrugated compressed fibre cement sheet or other material of
suitable thickness approved by the local government;
(c) having walls not less than 1.8 metres in height and having an access way of not less than
1 metre in width and fitted with a self-closing gate;
(d) containing a smooth and impervious floor—
(i) of not less than 75 millimetres in thickness; and
(ii) which is evenly graded to an approved liquid refuse disposal system;
(e) which is easily accessible to allow for the removal of the receptacles;
(f) provided with a ramp into the enclosure having a gradient no steeper than 1:8 unless
otherwise approved by the local government; and
(g) provided with a tap connected to an adequate supply of water.
7 March 2018 GOVERNMENT GAZETTE, WA 761
4.11 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 Officer, 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.
4.12 Control of refuse
(1) From the time of commencement of works on a building site or development site until the time of
completion of such work, the owner or occupier of the site shall take reasonable measures to—
(a) ensure all refuse on the site is placed and contained in the refuse receptacle and prevented
from being blown from the site by wind;
(b) keep the site free from any refuse;
(c) keep the street verge, and any other reserve, immediately adjacent to the site, free of refuse
from the site; and
(d) ensure the refuse receptacle is emptied when full.
(2) The owner or occupier of a building site or development site shall ensure that within 2 days of
completion of works on the site, the site and the street verge immediately adjacent to it, are cleared of
all refuse and all refuse receptacles are removed from the site.
4.13 Unauthorised storage of materials
(1) All construction materials must be located on the building site or development site under
construction, unless written approval has been given by the local government to store materials on
another property (including a road reserve).
(2) An application for approval under subclause (1) must be—
(a) in writing; and
(b) accompanied by the written approval of the landowner of the land on which materials are
proposed to be stored.
4.14 Removal of refuse and disused materials
(1) The owner or occupier of a lot shall not keep, or permit to remain on the lot, any refuse, rubbish or
disused material of whatever nature or kind which in the opinion of the local government or an
Authorised Officer is likely to give the lot an untidy appearance and does not conform with the
general appearance of other land in that particular part of the district.
(2) The local government or an Authorised Officer may give notice in writing to the owner or occupier
of a lot requiring the removal of refuse, rubbish or disused material from the lot within the time
specified in the notice.
4.15 Removal of unsightly overgrowth of vegetation
(1) The owner or occupier of a lot shall not permit to remain on a lot, any unsightly overgrowth of
vegetation that gives the lot an untidy appearance and does not conform with the general appearance
of other land in that particular part of the district.
(2) The local government or an Authorised Officer may give notice in writing to the owner or occupier
of a lot requiring the removal of the overgrowth of vegetation within the time specified in the notice.
4.16 Storage of vehicles, vessels and machinery
The owner or occupier of a lot shall not—
(a) store, or allow to remain in public view on any lot, more than 1 vehicle, vessel or machinery
(whether licensed or not) in a state of disrepair;
(b) store, or allow to remain in public view on any lot, any vehicle, vessel or machinery in a state
of disrepair for a period in excess of 1 month;
(c) store, or allow to remain in public view on any lot, any vehicle parts, vessel parts or
machinery parts (including tyres);
(d) wreck, dismantle or break up any vehicle, part or body of a vehicle parts, vessel or machinery
except where performed—
(i) inside a building; or
(ii) within an area enclosed by a fence or wall of not less than 1.8 metres in height and of
such a nature as to screen all vehicles, parts or bodies of vehicles, vessels or machinery
from the street and from adjoining properties; or
(e) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance.
4.17 Disposing of disused refrigerators or similar containers
A person shall not place, leave or dispose of a disused refrigerator, ice chest, ice box, trunk, chest or
other similar article having a compartment which has a capacity of 0.04 cubic metres or more on any
land without first—
(a) removing every door and lid and every lock, catch and hinge attached to a door or lid; or
(b) rendering every door and lid incapable of being fastened; and
(c) arranging for the removal of any refrigerants by a suitably qualified person.
762 GOVERNMENT GAZETTE, WA 7 March 2018
PART 5—NUISANCES AND GENERAL
Division 1—Nuisances
5.1 Interpretation
fertiliser includes manure;
public vehicle includes bus, tram, taxi or any other public transport;
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;
liquid waste means waste from any process or activity, whether useful or useless, 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;
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 without limiting the generality of the
foregoing and for the avoidance of doubt includes a builder or contractor; and
car park means premises, or any part of premises, set aside for parking of 3 or more motor
vehicles.
5.2 Escape of smoke etc.
(1) An owner or occupier of premises shall take reasonable measures to prevent the escape of smoke,
dust, fumes, offensive or foul odours, liquid waste or liquid refuse from the premises in such quantity
or of such a nature as to cause or to be a nuisance.
(2) A person shall not on any land of an area 0.4 hectares or less, set fire to rubbish, refuse or other
materials on rural residential zoned property unless—
(a) written approval has first been obtained from the local government;
(b) the person demonstrates to the satisfaction of the local government that reasonable
alternatives for the disposal of the rubbish, refuse or other material do not exist and the
potential for pollution is low;
(c) the material does not include any plastic, rubber, food scraps, green garden materials or other
material likely to cause the generation of smoke or odour in such quantity as to cause a
nuisance to other persons;
(d) a haze alert has not been issued by the Bureau of Meteorology for the period during which
burning is to take place; and
(e) the burning complies with the Bush Fires Act 1954, any annual fire hazard reduction notice
issued by the local government under that Act and any conditions of approval as determined
by the local government.
(3) Subclause (2) shall not apply to any barbeque, solid fuel water heater, space heater or ovens fired
with dry paper, dry wood, synthetic char or charcoal type fuel.
(4) Subclause (2) is subject to any fire danger rating as determined by the Bureau of Meteorology.
5.3 Public vehicles to be kept clean
The owner or person in control of a public vehicle shall take reasonable measures to maintain the
vehicle at all times—
(a) in a clean condition;
(b) free from vectors of disease; and
(c) whenever directed to do so by an Authorised Officer, thoroughly clean and disinfect the
vehicle.
5.4 Prohibition against spitting
A person shall not spit on a footpath, street or within or on, any public place, building or facility
accessible to the public which is within the local government’s jurisdiction.
5.5 Dust management
(1) If an owner or occupier of land intends to undertake any work involving the clearing of land,
from which any sand or dust is likely to be released whether by means of wind, water or any
other cause, the owner or occupier shall—
(a) submit to an Authorised Officer a Dust Management Plan in accordance with “A guideline for
managing the impacts of dust and associated contaminants from land development sites,
remediation and other related activities (2011)” as produced by the Department of Water and
Environmental Regulation, and amended from time to time; and
(b) obtain written approval of the Dust Management Plan from an Authorised Officer before
commencement of any work.
(2) An owner and or occupier of land must take effective measures to—
(a) stabilise dust on the land;
(b) contain all liquid waste on the land;
(c) ensure no dust or liquid waste is released or escapes from the land whether by means of wind,
water or any other cause; and
7 March 2018 GOVERNMENT GAZETTE, WA 763
(d) notify the owners or occupiers of adjoining land in writing 48 hours prior to the
commencement of any activity that has the potential to cause the release or escape from the
land of dust or liquid waste giving details of—
(i) the nature of the activity;
(ii) the proposed commencement time, frequency, duration time and location of the activity;
and
(iii) the name of the person responsible for carrying out the activity and how and where
that person may be contacted.
(3) The local government may serve on the owner and or occupier a notice requiring the owner or
occupier to undertake one or more of the following—
(a) comply with subclause (2)(a) or (2)(b);
(b) clean up and properly dispose of any released or escaped dust or liquid waste;
(c) clean up and make good any damage resulting from the released or escaped dust or liquid
waste;
(d) take effective measures to stop any further release or escape of dust or liquid waste.
(4) The requirements set out in a notice issued under subclause (3) must be complied with—
(a) within 48 hours of service of the notice where no other time is specified;
(b) within such other period as is specified in the notice; or
(c) immediately, if the notice so specifies.
(5) Where the local government forms the opinion that dust or liquid waste has escaped or has been
released from an activity undertaken on land or as a consequence of the use of equipment on land, the
local government may serve a notice on the owner and or occupier of the land and or the operator of
the equipment, as the case may be, requiring that the activity or use of the equipment on the land be
ceased immediately, for such period as is specified in such notice.
(6) Where the local government is of the opinion that dust or liquid waste may be released or escape
as a result of an activity which is likely to be carried on from any land, the local government may give
to the owner and or occupier a notice providing that the activity may only be carried on subject to
conditions specified in the notice.
5.6 Emission or reflection of light
(1) Where artificial light is emitted or reflected from anything on a lot so as to contravene the
requirements of Australian Standard AS 4282, then every owner and occupier of the lot commits an
offence.
(2) Where natural light is reflected from anything on a lot so as to create or be a nuisance to any—
(a) owner or occupier of land; or
(b) person using a thoroughfare as a thoroughfare, then every owner and occupier of the lot
commits an offence.
(3) All lighting installations as defined within the Australian Standard AS 4282 must be maintained
in good working order and repair at all times.
(4) An owner and or occupier of a lot on which floodlights, lighting installations or other exterior
lights are erected or used shall not allow the floodlights or other exterior lights to shine directly onto
an adjoining lot.
(5) The local government may give a notice to the owner and or occupier of a lot—
(a) requiring that any reflective surfaces creating a nuisance within clause 5.6(1) be painted or
otherwise treated so as to abate the nuisance; and
(b) on which floodlights, lighting installations or other exterior lights are erected, requiring—
(i) the hours of use of the lighting to be limited to the hours specified in the notice; or
(ii) the direction in which the lights are shining to be altered as specified in the notice.
5.7 Car parks
(1) A person shall not use or occupy, or permit to be used or occupied, a car park unless it is ventilated
by either—
(a) natural ventilation; or
(b) mechanical means, in accordance with AS 1668.2:2012.
(2) If, in the opinion of the the local government, a car park is not properly ventilated, the local
government may by notice require the occupier within a specified time to—
(a) provide a different or additional method of ventilation; and
(b) cease using the car park until it is properly ventilated.
(3) An occupier shall comply with a notice under subclause (2).
(4) An owner or occupier shall ensure that—
(a) all exhaust air that is discharged from a car park shall be discharged at discharge points in
accordance with AS 1668.2:2012;
(b) located so that the hourly average exhaust flow rate is not reduced below the minimum
requirement of AS 1668.2:2012, at a velocity and in a direction so as not to be a danger to
health or a nuisance;