376GOVERNMENT GAZETTE, WA 16 February 2022

376 GOVERNMENT GAZETTE, WA 16 February 2022 6.4 Burning of rubbish, refuse or other material (1) A person shall not on any land having an area of 4000 square metres or less within a townsite, set fire to rubbish, refuse or other materials unless— (a) 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; (b) a haze alert has not been issued by the Bureau of Meteorology for the period during which burning is to take place; and (c) the burning complies with the Bush Fires Act 1954, any annual fire hazard reduction notice issued by an authorised person under that Act and any conditions of approval as determined by an authorised person. (2) Subclause (1) 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. (3) Subclause (1) is subject to any fire danger rating as determined by the Bureau of Meteorology. 6.5 Escape of dust, smoke, fumes or odours An owner or occupier of land or premises shall not cause or permit the escape of dust, smoke, fumes or odours from the land so as to cause or to be a nuisance to any person. Division 2—Stormwater management 6.6 Containment and disposal of stormwater (1) The owner or occupier of a lot shall ensure that all stormwater received by any building, house, or other structure or any paved or sealed or other surfaced areas including any vehicle access ways on the lot is contained within the lot and is not permitted to discharge onto or run-off onto adjacent land so as to cause a nuisance, or cause damage to any structures situated on adjacent land. (2) Subclause (1) shall not prevent the discharge of stormwater from a lot into a local government approved stormwater drain or road. (3) The owner or occupier of a lot shall ensure that all stormwater drainage systems on the lot are maintained in a good state of repair and free from obstruction. Division 3—Light 6.7 Use of exterior lights An owner and or occupier of land 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. 6.8 Emission or reflection of light An owner or occupier of land shall ensure that— (a) artificial light is not emitted or reflected from anything on the land so as to illuminate premises outside the land at a level that interferes unreasonably with normal daily activities; and (b) natural light is not reflected from anything on the land so as to create or cause a nuisance to— (i) the owner or occupier of any other premises; or (ii) person lawfully using a street or thoroughfare. PART 7—ANIMALS AND BIRDS Division 1—Keeping of animals and birds 7.1 Cleanliness An owner or occupier of premises in or on which a dog, cat or other animal or bird is kept shall— (a) maintain the premises free from excrement, filth, food waste and all other matters which is or is likely to become offensive or injurious to health or to attract rats or other vermin; (b) when so directed by written notice given by an authorised person, clean and disinfect the premises; and (c) keep the premises, so far as possible, free from flies or other vermin by spraying with a residual insecticide or other effective means. 7.2 Nuisance caused by animals or birds An owner or occupier of land shall not keep any animal or bird which— (a) is or creates a nuisance; or (b) emits an unreasonable or constant noise. 7.3 Animal and bird enclosures (1) A person shall not keep or cause or permit to be kept any animals or birds on premises which are not effectively drained or of which the drainage flows to the walls or foundations of any building. (2) An authorised person may give written notice to the owner or occupier of premises where animals or birds are kept to pave, grade and drain floors of all structures and the surface of the ground of all enclosures used for the keeping of animals or birds.