966GOVERNMENT GAZETTE, WA 25 January 2017

966 GOVERNMENT GAZETTE, WA 25 January 2017 2.3 Animal enclosures (1) A person shall not keep or cause, or authorise to be kept, any animals on premises which are not effectively drained or of which the drainage flows to the walls or foundations of any building. (2) The owner or occupier of premises where animals are kept shall, when directed by an EHO, pave, grade and drain the floors of all structures and the surface of the ground of all enclosures used for the keeping of animals. 2.4 Cats (1) Subject to subclauses (6) and (7), a person shall not, without an exemption in writing from the local government, keep more than 3 cats over the age of 6 months on premises on any land within the district. (2) An owner or occupier of premises may apply in writing to the local government for exemption from the requirements of subclause (1). (3) The local government shall not grant an exemption under subclause (2) unless it is satisfied that the number of cats to be kept will not be a nuisance or injurious or dangerous to health. (4) An exemption granted under this clause shall specify— (a) the owner or occupier to whom the exemption applies; (b) the premises to which the exemption applies; and (c) the maximum number of cats which may be kept on the premises. (5) A person who is granted an exemption under subclause (3) may be required by the local government to house, or keep cats in such manner as directed by an EHO. (6) A person may keep more than 3 cats over the age of 6 months on premises used for veterinary purposes or as a pet shop, or if the person is a member of a cat organisation a maximum of 9 cats can be kept. (7) The occupier of any premises shall not keep a cattery on those premises, unless the cattery is registered with the local government and the occupier has complied with the following conditions— (a) the occupier shall obtain approval from the local government to establish a cattery; (b) upon receiving approval to establish a cattery, the occupier shall apply for registration of the cattery in the form approved by the local government; (c) the occupier shall have paid, to the local government, the annual registration fee as determined from time to time by the local government under Sections 6.16 to 6.19 of the Act; (d) the occupier shall provide, for every cat, a properly constructed shelter with an enclosure, which shall comply with the following conditions— (i) every shelter shall have a floor area of not less than 0.50 square metres for every cat over the age of 3 months old that may be kept therein; and (ii) the area of the enclosure appurtenant to any shelter or group of shelters forming a cattery shall not be less than 3 times the area of the shelter or group of shelters to which it is appurtenant; (e) every shelter or enclosure shall be at least 10 metres from the boundary of any land not in the same ownership or possession, or at least 10 metres from any dwelling, church, schoolroom, hall, factory, dairy or premises wherein food is manufactured, packed or prepared for human consumption; and (f) all enclosures, yards, runs and shelters within which cats are kept shall be maintained at all times in a clean condition and free from vectors of disease and shall at any time be cleaned, disinfected or otherwise dealt with as an EHO may direct. (8) An application for registration of a cattery shall be made by submitting the cattery registration form approved by the local government and with the annual registration fee as approved from time to time by the local government in accordance with sections 6.16 to 6.19 of the Act is paid. (9) A certificate of registration of a cattery issued by the local government shall— (a) be in the form approved by local government; and (b) expire on 30 June next after the date of its issue. Division 2—Keeping of birds 2.5 Keeping of poultry and pigeons in a residential zone, residential development zone and townsite zone (1) An owner or occupier of premises in a residential zone, residential development zone and townsite zone shall not keep or permit to be kept on the premises— (a) more than 12 poultry; and (b) more than 12 pigeons unless the owner or occupier is an affiliated person in which case the maximum number of pigeons may be increased to 100. 2.6 Conditions for keeping of poultry (1) An owner or occupier of a premises who keeps poultry or permits poultry to be kept shall ensure that— (a) no poultry shall be kept less than 9 metres from any residential dwelling;