770 GOVERNMENT GAZETTE, WA 7 March 2018
6.9 Drainage of land
An owner or occupier of land upon which there is water liable to become a breeding place for
mosquitoes shall, when required by the local government, effectively drain the land and, for that
purpose, shall—
(a) make or provide drains on the land;
(b) remove all irregularities in the surface of the land; and
(c) if necessary, adjust the surface of the land or raise the level of the surface in such a manner
that—
(i) the water on the land may flow into the drains without obstruction;
(ii) no water shall remain on any portion of the land other than the drains; and
(iii) keep all drains in good order and free from obstruction.
6.10 Local government may execute work and recover costs
(1) Where—
(a) a person is required under this part or directed by a notice given under clause 6.4 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 that person the cost of executing the work, in addition to
any penalty for which that person may be liable.
(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 that person.
(3) The local government is not 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,
other than compensation or damages for loss or damage suffered because the local government acted
negligently or in breach of duty.
Division 3—Rodents
6.11 Interpretation
rodents means those animals belonging to the order Rodentia and includes rats and mice but
does not include native rodents, laboratory bred rats and mice or animals (other than rats)
kept as pets in an enclosure designed for the purpose of keeping as pets animals of that kind.
6.12 Measures to be taken to eradicate rodents
(1) An owner or occupier of premises shall at all times take effective measures to eradicate any
rodents in or on the premises.
(2) A person must not store, or allow to be stored, on any premises, any food, refuse or other waste
matter unless it is contained in a rodent proof receptacle or compartment.
(3) An Authorised Officer may direct, orally or in writing, an owner or occupier of premises to take
whatever action, in the opinion of the Authorised Officer, is necessary to prevent the presence of
rodents in or on the premises.
Division 4—Cockroaches
6.13 Interpretation
cockroach means any of the various orthopterous insects commonly known as cockroaches.
6.14 Measures to be taken to eradicate cockroaches
(1) An owner or occupier of premises shall take effective measures to eradicate any cockroaches in or
on the premises.
(2) An Authorised Officer may direct, orally or in writing, an owner or occupier of premises to take
whatever action is necessary to prevent or deter the presence of cockroaches in or about the premises.
(3) An owner or occupier shall within the time specified comply with any direction given by an
Division 5—Argentine Ants
6.15 Interpretation
Argentine ant means an ant belonging to the species Linepithema humile (formerly Irdomyrmex
humilis).
6.16 Measures to be taken to keep premises free from Argentine ants
An owner or occupier of premises shall comply with the requirements of an Authorised Officer if an
infestation of Argentine ants are found on their premises.
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Division 6—European Wasps
6.17 Interpretation
European wasp means a wasp belonging to the species Vespula germanica.
6.18 Measures to be taken to keep premises free from European wasp nest
An owner or occupier of premises shall ensure that the premises are kept free from European wasp
nests and shall—
(a) immediately notify the local government of any wasp nest in, on or about the premises that is
suspected to be a European wasp nest;
(b) follow any direction of an Authorised Officer for the purpose of destroying the wasps and their
nest; and
(c) assist an Authorised Officer, of his or her representative, to trace any nest that may be
present in, on or about the premises.
Division 7—Bee Keeping
6.19 Interpretation
bee means an insect belonging to any of the various hymenopterous insects of the super family
Apoidea and commonly known as bee; and
hive means a moveable or fixed structure, container or object in which a colony of bees is kept.
6.20 Limitation on numbers of hives
(1) A person shall not keep or permit the keeping of bees anywhere within the district unless approval
to do so has been given by an Authorised Officer.
(2) Subject to subclauses (3) and (4), a person shall not keep or permit the keeping of bees in more
than 2 hives on a lot.
(3) An Authorised Officer may, upon written application, consent, with or without conditions, to a
person keeping bees in more than 2 hives on a lot.
(4) A person shall comply with any conditions imposed by an Authorised Officer under subclause (3).
6.21 Restrictions on keeping of bees in hives
A person shall not keep or permit the keeping of bees in a hive on a lot unless, at all times—
(a) an adequate and permanent supply of water is provided on the lot which is readily accessible
to bees;
(b) no more than 2 hives are kept on land of less than 2,000 square metres in area unless
otherwise approved;
(c) the hive is kept—
(i) outside, and at least 10 metres from, any building other than a fence;
(ii) at least 10 metres from any footpath, street, private street or public place; and
(iii) at least 5 metres from the boundary of the lot;
(d) the hive is enclosed on all sides by a fence, wall or other enclosure to encourage bees to fly at
a height over the property boundary; and
(e) the person is registered as a beekeeper if required by the Agriculture Management
(Identification and Movement of Stock and Apiaries) Regulations 2013.
6.22 Bees which cause a nuisance not to be kept
(1) A person shall not keep, or permit the keeping of, bees which cause a nuisance.
(2) An Authorised Officer may direct any person to remove any bees or beehives which in the opinion
of the Authorised Officer are causing a nuisance.
Division 8—Arthropod Vectors of Disease
6.23 Interpretation
arthropod vectors of disease includes—
(a) fleas (Siphonaptera);
(b) bedbugs (Cimex lectularious);
(c) crab lice (Phthirus pubis);
(d) body lice (Pediculus humanus var. corporis); and
(e) head lice (Pediculus humanus var. capitis).
6.24 Responsibility of the owner or occupier
The owner or occupier of the premises shall—
(a) keep the premises and any person residing in or on the premises free from any arthropod
vectors of disease; and
(b) comply with the direction of an Authorised Officer to treat the premises, or anything on the
premises, for the purpose of destroying any vectors of disease.
772 GOVERNMENT GAZETTE, WA 7 March 2018
PART 7—INFECTIOUS DISEASES
Division 1—General Provisions
7.1 Purpose of exercise of powers
The powers under this Part are to be exercised for the purpose of preventing or controlling the spread
of an infectious disease.
7.2 Authorised Officer may visit, inspect and report
An Authorised Officer may visit and inspect any house, its occupants, fixtures and fittings, out-
buildings, yards, drains and sewers connected with any house where an infectious disease has been
identified or where an infectious disease is suspected in order to check or prevent the spread of any
infectious disease.
7.3 Requirements on owner or occupier to clean, disinfect and disinfest
An Authorised Officer may, by notice in writing, direct an owner or occupier of premises, within the
time and in the manner specified in the notice, to clean, disinfect and disinfest—
(a) the premises; or
(b) such things in or on the premises as are specified in the notice;
or both, to the satisfaction of an Authorised Officer.
7.4 Authorised Officer may disinfect or disinfest the premises
(1) Where the local government or the Medical Officer is satisfied that any case of infectious disease
has occurred on any premises, the local government or the Medical Officer may direct an Authorised
Officer, other local government officer or other person to disinfect and disinfest the premises or any
part of the premises and anything in or on the premises.
(2) An owner or occupier of premises shall permit, and provide access to enable, an Authorised Officer,
other local government officer or other person to carry out the direction given under subclause (1).
(3) The local government may recover the cost of carrying out the work under this clause from the
owner or occupier of the premises in or on which the work was carried out.
(4) The local government is not liable to pay compensation or damages of any kind to the owner or
occupier of premises in relation to any action taken by the local government of any of its staff under
this clause, other than compensation or damages for loss or damage suffered because the local
government or any of its staff acted negligently or in breach of duty.
7.5 Insanitary houses, premises and things
(1) An owner or occupier of any house or premises shall maintain the house or premises free from any
insanitary condition or thing.
(2) Where the local government considers that a house is insanitary, it may, by notice in writing,
direct an owner of the house, within the time and in the manner specified in the notice, to destroy or
amend the house.
(3) Where an Authorised Officer considers that—
(a) a house or premises is not being maintained in a sanitary condition; or
(b) anything is insanitary, the officer may, by notice in writing, direct, as the case may be—
(i) the owner or occupier of the house or premises to amend any insanitary condition; or
(ii) the owner or occupier of the thing to destroy or amend it,
within the time and in the manner specified in the notice.
(4) A person who is given notice under subclauses (2) or (3) shall comply with the terms of the notice.
7.6 Medical Officer may authorise disinfecting
Where the Medical Officer believes that a person is or may be infected by an infectious disease, the
Medical Officer may direct the person to have his or her body, clothing and effects disinfected at a
place and in a manner directed by the Medical Officer.
7.7 Persons in contact with an infectious disease sufferer
If a person in any house is, or is suspected of, suffering from an infectious disease, any occupant of the
house or any person who enters or leaves the house—
(a) shall obey such instructions or directions as the local government or the Medical Officer may
issue; and
(b) may be removed, at the direction of the local government or the Medical Officer to isolation in
an appropriate place to prevent or minimise the risk of the infection spreading and if so
removed, shall remain in that place until the Medical Officer directs otherwise.
7.8 Declaration of infected house or premises
(1) To prevent or check the spread of infectious disease, the local government or the Medical Officer
may from time to time declare any house or premises to be infected.
(2) A person shall not enter or leave any house or premises declared to be infected without the written
consent of the Medical Officer or an Authorised Officer.
7.9 Destruction of infected animals
An Authorised Officer, upon being satisfied that an animal is or may be infected or is liable to be
infected or to convey infection may, by notice of writing, direct that the animal be examined by a
7 March 2018 GOVERNMENT GAZETTE, WA 773
registered veterinary officer and all steps taken to enable the condition to be controlled or eradicated
or the animal destroyed and disposed of—
(a) in the manner and within the time specified in the notice; and
(b) by the person in whose possession, or upon whose premises, the animal is located.
7.10 Disposal of a body
(1) An occupier of premises in or on which is located the body of a person who has died of an infectious
disease shall, subject to subclause (2), cause the body to be buried or disposed of in such manner,
within such time and with such precautions as may be directed by the Medical Officer.
(2) A body shall not be removed from the premises where death occurred except to a cemetery or a
morgue.
7.11 Local government may carry out work and recover costs
(1) Where—
(a) a person is required under this division or by a notice given under this division, to carry out
any work; and
(b) that person fails or neglects to comply with the requirement, that person commits an offence
and the local government may carry out the work or arrange for the work to be carried out by
another.
(2) The costs and expenses incurred by the local government in the execution of a power under this
clause may be recovered from the person referred to in subclause (1).
(3) The local government is not 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,
other than compensation or damages for loss or damage suffered because the local government acted
negligently or in breach of duty.
Division 2—Disposal of Used Condoms and Needles
7.12 Disposal of used condoms
(1) An occupier of premises on or from which used condoms are produced shall ensure that the
condoms are—
(a) placed in a sealed impervious container and disposed of in a sanitary manner; or
(b) disposed of in such a manner as may be directed by an Authorised Officer.
(2) A person shall not dispose of a used condom in a public place except in accordance with
subclause (1).
7.13 Disposal of used needles
A person shall not dispose of a used hypodermic syringe or needle in a public place unless it is placed
in an impenetrable, leak proof container and deposited in a refuse receptacle.
PART 8—LODGING HOUSES
Division 1—Registration
8.1 Interpretation
(1) In this part, unless the context otherwise requires—
accommodation means one or more buildings used for boarding purposes referred to in this
part;
bed means a sleeping berth consisting of—
(a) a single berth; or
(b) a double berth provided for the use of couples, which shall have the same floor space
requirements as two single beds;
bed and breakfast means a dwelling used by a resident of the dwelling to provide short-term
accommodation on a commercial basis for not more than 4 adults or one family, and contains
not more than 2 guest bedrooms;
bunk means a sleeping berth compromising one of two beds arranged vertically;
Certificate of Registration of a Lodging House means a certificate issued under clause 8.4 in
the form of Schedule 2;
Certificate of Sleeping Accommodation means a certificate issued under clause 8.27 in the
form of Schedule 6;
Certificate of Sleeping Accommodation for a Lodging House with more than 20 Sleeping
Apartments means a certificate issued under clause 8.27 in the form of Schedule 7;
holiday accommodation excludes buildings on a caravan park, excludes a lodging house, and
means a building where the period of occupancy of any lodger is not more than 14 consecutive
days and includes a bed and breakfast, chalet, cottage or holiday house;
dormitory means a building or room utilised for sleeping purposes at a short term hostel or
recreational campsite;
Section 770 - Health Local Law 2018 - GOVERNMENT GAZETTE, WA 7 March 2018 | Zoe