970GOVERNMENT GAZETTE, WA 25 January 2017

970 GOVERNMENT GAZETTE, WA 25 January 2017 2.24 Conditions of approval to keep farm animals (1) A permit shall not be granted pursuant to clause 2.23— (a) unless the land for which the approval is sought is of such dimensions and configuration as will permit the subject animal to be confined in a minimum cleared area of 150 square metres and prevented from reaching within 15 metres of any residential dwelling, Class 6 building or Class 9 building, business premises or food premises; (b) in the case of a horse (other than a miniature horse) or cow, unless the land for which the approval is sought has a minimum area of 1 hectare; or (c) for the keeping of any pig (other than a miniature pig). (2) The local government shall take into account the opinions of occupiers of adjoining properties in determining whether to grant approval for the keeping of a farm animal. (3) Approval to keep a farm animal may be issued subject to conditions, including— (a) that a stable or shelter is provided for housing the approved animal; (b) that a manure receptacle is provided in a position convenient to the shelter or place where the approved animal is kept, and that the receptacle is used for the receipt of all manure produced on the premises; or (c) any other conditions that the local government considers necessary for the protection of the health and amenity of the neighbourhood, and such conditions may be imposed at any time subsequent to the initial approval. 2.25 Variation or cancellation of permit to keep farm animals and conditions of permit (1) The local government may vary the conditions of a permit after it has been issued, and shall give notice of such variation to the permit holder. (2) The local government may cancel a permit in the event the permit holder— (a) fails to comply with any condition set under subclause 2.23(1)(b); (b) after being notified of a variation under subclause (1) fails to comply with the varied condition; (c) breaches clause 2.26, 2.27, 2.28 or clause 2.29 of this local law; or (d) fails to comply with a notice of breach issued under clause 6.1. 2.26 Conditions for keeping farm animals (1) An owner or occupier of premises upon which a farm animal or farm animals are kept, shall— (a) maintain the place or places where the animals are kept in clean condition; (b) ensure that no farm animal or farm animals kept on the premises cause or constitute a nuisance; (c) maintain the premises free from flies or other vermin by the use of residual insecticide or other effective means; (d) if a manure receptacle is required to be used— (i) cause all manure produced on the premises to be collected daily and placed in the receptacle; (ii) cause the receptacle to be emptied as often as is necessary to prevent it becoming offensive or a breeding place for flies or other vermin, but in any case at least once a week; and (iii) keep the lid of the receptacle closed except when manure is being deposited or removed; and (e) not permit any farm animal to approach within 9 metres of any residential dwelling, food premises, Class 6 building or a Class 9 building, or a business or commercial premises. (2) An owner or occupier of premises in a rural zone shall not keep more than 1 pig except for on premises registered by the local government as an abattoir or piggery under the provisions of section 191 of the Health Act 1911, except with the express written approval of the local government. (3) An owner of occupier of premises upon which a farm animal or farm animals are kept, may apply in writing to the local government to vary the requirements of subclause 2.26(1)(e). 2.27 Keeping a miniature horse (1) An owner or occupier of a premises may keep only a sterilised miniature horse on land of not less than 1,000 square metres in area provided it is registered with the local government and the annual registration fee approved from time to time by the local government in accordance with sections 6.16 to 6.19 of the Act is paid. (2) An owner or occupier of premises shall not keep more than 1 miniature horse within a townsite without the written approval of the local government. (3) The local government may prohibit the keeping of a miniature horse on any land or may state the conditions under which a miniature horse may be kept. 2.28 Keeping a miniature pig (1) Except for a miniature pig, the keeping of pigs in the district is forbidden except for on premises registered by the local government as an abattoir or piggery under the provisions of section 191 of the Health Act 1911 or, subject to subclause 2.26(2), on a rural zone.