Local Government Property Local Law 2016

15 November 2016 GOVERNMENT GAZETTE, WA 5087 CAT ACT 2011 ANIMALS, ENVIRONMENT AND NUISANCE LOCAL LAW 2016 1.4 Interpretation

PART 2—KEEPING OF ANIMALS AnimalsDivision 1— 2.2 Cleanliness 2.3 Animal enclosures 2.4 Cats Keeping of birdsDivision 2— 2.5 Keeping of poultry and pigeons in a residential zone 2.6 Conditions for keeping of poultry 2.7 Roosters, geese, turkeys and peafowl 2.8 Conditions for keeping of pigeons 2.9 Restrictions on pigeon nesting and perching 2.10 Conditions of keeping aviary birds 2.11 Nuisance caused by birds Keeping of farm animalsDivision 3— 2.12 Keeping of farm animals 2.13 Conditions for keeping farm animals 2.14 Keeping a miniature horse 2.15 Keeping a miniature pig LivestockDivision 4— 2.16 Livestock not to stray 2.17 Impounding of livestock 2.18 Property to be fenced Keeping of beesDivision 5— 2.19 Permit required to keep bees 2.20 Application for a permit 2.21 Determination of application 2.22 Conditions of approval 2.23 Variation or cancellation of permit and conditions 2.24 Permit holder to notify cessation of registration or keeping of bees 2.25 Permit not transferable 2.26 Nuisance 2.27 Notice to remove bees

PART 3—BUILDING, DEVELOPMENT AND LAND CARE Litter and refuse on building sitesDivision 1— 3.1 Provision of refuse receptacles

5088 GOVERNMENT GAZETTE, WA 15 November 2016 3.2 Control of refuse 3.3 Unauthorised storage of materials of dust and liquid wasteDivision 2—Prevention 3.4 Prohibited activities SmokeDivision 3— 3.5 Burning of cleared vegetation prohibited land and disused materialsDivision 4—Unsightly 3.6 Storage of vehicles, vessels and machinery 3.7 Disposing of disused refrigerators or similar containers materialsDivision 5—Hazardous 3.8 Hazardous trees

PART 4—NUISANCES AND DANGEROUS THINGS

Division 1—Light 4.1 Use of exterior lights 4.2 Emission or reflection of light 4.3 Notice may require specified action to prevent emission or reflection of light , fumes, odours and other emissionsDivision 2—Smoke 4.4 Burning rubbish, refuse or other material 4.5 Escape of smoke, fumes, odours and other emissions TrucksDivision 3— 4.6 Livestock vehicles 4.7 Truck noise from residential land Swimming pool backwash managementDivision 4— 4.8 Containment and disposal of swimming pool and other wastewater Stormwater managementDivision 5— 4.9 Containment of stormwater 4.10 Guttering and downpipes 4.11 Stormwater disposal systems Amusement activitiesDivision 6— 4.12 Nuisance 4.13 Abatement by authorised person Advertising, bill posting and junk mailDivision 7— 4.14 Placement of advertisement, bill posting or junk mail 4.15 Exemptions Bird nuisanceDivision 8— 4.16 Restrictions on feeding of birds

PART 5—OBJECTIONS AND APPEALS 5.1 Objections and appeals

PART 6—ENFORCEMENT Notice of breachDivision 1— 6.1 Notice of breach 6.2 Form of notices 6.3 When local government may undertake work required by notice Offences and penaltiesDivision 2— 6.4 Offences and penalties 6.5 Modified penalties 6.6 Form of infringement notices

15 November 2016 GOVERNMENT GAZETTE, WA 5089 CAT ACT 2011 ANIMALS, ENVIRONMENT AND NUISANCE LOCAL LAW 2016 Under the powers conferred by the Local Government Act 1995, Health Act 1911, Cat Act 2011 and under all other powers enabling it, the Council of the Shire of Gnowangerup resolved on 27 July 2016 to make the following local law. This local law may be cited as the Shire of Gnowangerup Animals, Environment and Nuisance Local Law 2016. 1.4 Interpretation (1) In this local law, unless the context specifies otherwise— affiliated person means a person who is a member of a poultry or pigeon club incorporated under the Associations Incorporation Act 2015; amusement means anything usually conducted for amusement at a fair, a carnival or a show, whether conducted at a fair, a carnival or a show or elsewhere; AS/NZS 3500 means the Australian/New Zealand standard called “Plumbing and Drainage” published by the Standard Association of Australia; authorised person means a person appointed by the local government, under section 9.10 of the Act to perform all or any of the functions conferred on an authorised person under this local law; aviary bird means any bird, other than poultry or pigeons, kept, or usually kept in an aviary or cage; beekeeper has the meaning given to it in Regulation 3 of the Biosecurity and Agriculture Management Regulations 2013; birds includes poultry; builder means the holder of a building permit issued in respect of building works on a building site or a person in control of a building site; Building Code means the latest edition of the Building Code of Australia published by, or on behalf of, the Australian Building Codes Board, as amended from time to time, but not including explanatory information published with the Building Code; building permit has the meaning given to it by the Building Act 2011; building site means any lot for which a building permit is current; cat has the meaning given in the Cat Act 2011; Class 6 building means any Class 6 building as defined by the Building Code; Class 9 building means any Class 9 building as defined by the Building Code; Code of Practice—Pigeon Keeping means the document entitled A Code of Practice—for Pigeon Keeping and Pigeon Racing in Western Australia published by the Pigeon Racing Federation of WA (Incorporated) and the Independent Racing Pigeon Federation (Incorporated), as amended from time to time;

5090 GOVERNMENT GAZETTE, WA 15 November 2016 cow includes an ox, calf or bull; development has the meaning given to it in the Planning and Development Act 2005; development approval means a development approval under a local planning scheme; development site includes any lot or lots for which there is currently a development or subdivision approval, and any lot or lots upon which construction work, earthworks, clearing of scrub, trees or overgrowth or any other site works are taking or have taken place; disused means, in relation to any thing whatsoever, that the thing— (a) is not in use for the purpose for which it was designed or appears to have been designed or intended; or (b) has been stored or left stationary on land in the district for more than 1 month; 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; dwelling has the meaning given to it in the Residential Design Codes of Western Australia as amended; EHO means an Environmental Health Officer appointed by the local government under the Health Act 1911 and includes any acting or Assistant Environmental Health Officer; farm animal includes a sheep, cow, goat, horse (excluding a miniature horse), deer, alpaca, pig (excluding a miniature pig); food has the meaning given in section 9 of the Food Act 2008; food business has the meaning given under section 10 of the Food Act 2008; food premises means any premises which is used to prepare food or to conduct a food business; horse means a stallion, mare, gelding, shetland pony, pony, colt or foal, and includes an ass, mule, donkey and any beast of whatever description used for burden or draught or for carrying persons; land includes any building or structure on the land; liquid waste means waste from any process or activity 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; livestock means any horse, cow, sheep, goat, swine, buffalo, deer, camel, llama or alpaca; livestock vehicle means a vehicle that contains livestock or previously has been used for the carriage of livestock; local planning scheme has the meaning given to it by the Planning and Development Act 2005; lot has the meaning given to it by the Planning and Development Act 2005; manure receptacle means a receptacle of sufficient capacity to receive all manure produced in one week on premises upon which a farm animal or farm animals are kept, constructed of smooth, durable, impervious materials, fitted with a fly proof, hinged cover and with no part of the floor lower than the adjoining ground; miniature horse means a horse which meets the standard and height for a miniature horse as described by the Miniature Horse Association of Australia Inc; miniature pig means a pig that does not exceed 650 millimetres in height as an adult and weighs less than 55 kilograms; nuisance means— (a) an activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law; (b) an unreasonable interference with the use and enjoyment of a person of his or her ownership or occupation of land; or (c) interference which causes material damage to land or other property on the land affected by the interference; 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 includes a builder or contractor; owner has the meaning given in the Act; permit means a permit issued under this local law; permit holder means a person who holds a valid permit; pigeon includes homing pigeons and other domesticated breeds of the species Columba livia, but does not include native pigeons or doves whether or not the keeping of such birds is subject to the approval of the Department of Environment Regulation; pound means any facility, or any replacement facility, established as a pound by the local government under section 11(1) of the Dog Act 1976; poultry includes fowls, roosters, ducks, peafowls, turkeys, geese, guinea fowls, pheasants and other birds commonly kept for the production of eggs or meat for domestic consumption;

15 November 2016 GOVERNMENT GAZETTE, WA 5091 refuse means any waste material including bricks, lime, cement, concrete, rubble, stones, iron, timber, tiles, bags, plastics, ashes, vegetation, timber, wood or metal shavings, sawdust, and waste food, and includes any broken, used, derelict or discarded matter; Regulations means the Local Government (Functions and General) Regulations 1996; residential building has the meaning given to it in the Residential Design Codes of Western Australia as amended; residential zone includes any area zoned “Residential” and “Urban Development” under a local planning scheme; rural zone means any area zoned “Rural” or “Rural Residential” under a local planning scheme; sand means granules or particles of rock, earth, clay, loam, silt and any other granular, particulate or like material including dust and gravel; stormwater means any naturally occurring water that results from rainfall on or around a site, or water flowing onto the site; subdivision approval means a subdivision approval under the Planning and Development Act 2005; thoroughfare means any highway or thoroughfare which the public is entitled to use, including the verge and other things including bridges and culverts appurtenant to it; townsite includes the townsites within the district which are— (a) constituted under section 26(2) of the Land Administration Act 1997; or (b) referred to in clause 37 of Schedule 9.3 of the Act; truck means a motor vehicle having a tare weight in excess of 3,000 kilograms; unreasonable noise has the meaning given to it by the Environmental Protection Act 1986; and vermin includes rats, mice, flies, fleas, mites, lice, cockroaches and any other animal, whether vertebrate or invertebrate, which is known to be a vector of disease or likely to cause damage to human food, habitation or possessions. (2) Any other expression used in this local law and not defined herein shall have the meaning given to it in the Act. (3) Where, in this local law, a duty, obligation or liability is imposed on an “owner or occupier” the duty shall be deemed to be imposed jointly and severally on each owner and occupier. (4) Where, under this local law, the local government is authorised to carry out actions, or cause to be undertaken works, as a consequence of the failure of any person to comply with the terms of a notice or other conduct, the right to enter land is at all times subject to the provisions of Part 3, Division 3, subdivision 3 of the Act. PART 2—KEEPING OF ANIMALS AnimalsDivision 1— animal includes cats, dogs, rabbits and ferrets; cattery is a premise registered for the breeding or caring of cats; member of a cat organisation means a person referred to in the Cat Regulations 2012 regulation 23(c); and crab lice, body lice and head lice. 2.2 Cleanliness An owner or occupier of premises in or on which a dog, cat or other animal is kept shall— (a) keep the premises free from excrement, filth, food waste and all other matter which is or is likely to become offensive or injurious to health, or to attract rats or other vectors of disease; (b) when so directed by an EHO, clean and disinfect the premises; and (c) keep the premises, so far as possible, free from flies or other vectors of disease, by spraying with a residual insecticide or other effective means. 2.3 Animal enclosures (1) A person shall not keep or cause, or permit 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.

5092 GOVERNMENT GAZETTE, WA 15 November 2016 (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 (2) may be required by the local government to house, or keep cats in such manner as directed by an EHO. (6) Subject to regulation 7 of the Cat (Uniform Local Provisions) Regulations 2013 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. (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) 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 An owner or occupier of premises in a residential zone shall not keep or permit to be kept on the premises— (a) more than 12 poultry unless with the approval of the local government in which case the maximum number of poultry shall be 20; or (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) A person 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 building; (b) no poultry is able to approach within 15 metres of a public thoroughfare, public building, commercial premises or food premises; (c) all poultry is kept in a properly constructed and securely fastened structure; (d) the structure has an impervious floor laid with a fall to the front of at least 1 in 50; (e) all structures or enclosures within which poultry are kept are maintained at all times in a clean condition; and (f) all poultry is kept continually confined. (2) An owner or occupier of a premises who keeps poultry or permits poultry to be kept may apply in writing to the local government to vary the requirements of subclauses (1)(d) and (f). 2.7 Roosters, geese, turkeys and peafowl Except on land with an area of one hectare or more or with the prior written permission of the local government, an owner or occupier of premises shall not keep any of the following— (a) roosters; (b) geese;

15 November 2016 GOVERNMENT GAZETTE, WA 5093 (c) turkeys; or (d) peafowls. 2.8 Conditions for keeping of pigeons (1) An owner or occupier of premises who keeps pigeons, or permits pigeons to be kept, shall ensure that— (a) all pigeons are kept in a properly constructed pigeon loft, except where registered homing pigeons are freed for exercise; (b) all structures or enclosures within which pigeons are kept are maintained at all times in a clean condition; (c) no opening to a pigeon loft, including openings for ventilation, is within 9 metres of any residential building; and (d) no opening to a pigeon loft, including openings for ventilation, is within 15 metres of a public street, public building, commercial premises or food premises. (2) An affiliated person who keeps pigeons, or permits pigeons to be kept, shall do so in accordance with the Code of Practice—Pigeon Keeping, subject to the provisions of this local law. 2.9 Restrictions on pigeon nesting and perching The local government may order an owner or occupier of a house on or in which pigeons are, or are in the habit of nesting or perching, to take adequate steps to prevent them from continuing to do so. 2.10 Conditions of keeping aviary birds A person who keeps, or permits to be kept, aviary birds shall ensure that the aviary or cage is kept in clean condition and good repair at all times. 2.11 Nuisance caused by birds An owner or occupier of land shall not keep any bird or birds which— (a) are or create a nuisance; or (b) emit an unreasonable noise.

Division 3—Keeping of farm animals 2.12 Keeping of farm animals Subject to clause 2.13, an owner or occupier of land shall not keep, or allow to be kept, unless with the approval of the local government, any farm animal unless in a rural zone. 2.13 Conditions for keeping farm animals An owner or occupier of premises upon which a farm animal or farm animals are kept, shall maintain the place or places where the animals are kept in clean condition and good repair at all times. 2.14 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 of occupier of premises shall— (a) not keep more than one miniature horse on land zoned residential or special rural without the written approval of the local government or an authorised person; and (b) not permit a miniature horse to come within 9 metres of any house. (3) The local government or an authorised person may prohibit the keeping of a miniature horse on any land or may state the conditions under which a miniature horse may be kept. 2.15 Keeping a miniature pig (1) Except for a miniature pig, and subject to subclause (2) no person shall keep a pig or pigs, in any residential zone or on any land zoned commercial or industrial under the local planning scheme. (2) Except for premises registered by the local government as an abattoir or a piggery under the provisions of section 191 of the Health Act 1911, and except in the case of a miniature pig, the keeping of pigs is forbidden. (3) The local government or an authorised person may prohibit the keeping of a miniature pig on any land, or state the conditions under which the miniature pig may be kept. (4) A person may keep 1 miniature pig in any residential or rural or special rural zone 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. (5) An owner or occupier of premises where a miniature pig is kept shall— (a) only keep a sterilised animal and retain written proof of its sterilisation; (b) confine the animal on the property at all times; (c) ensure the animal does not cause a nuisance to any neighbour regarding noise, dust, or odour; and (d) maintain documentary evidence that the animal’s veterinary treatment against roundworm and tapeworm is current.

5094 GOVERNMENT GAZETTE, WA 15 November 2016

Division 4—Livestock 2.16 Livestock not to stray The owner or person in charge of livestock shall not permit that livestock to stray or to be at large in a thoroughfare, public place or upon private property without the consent of the property owner. 2.17 Impounding of livestock (1) An authorised person or a member of the Police Service may impound livestock found straying in contravention of clause 2.16. (2) Livestock being impounded shall be placed in the pound or secured on private property with the consent of the owner. 2.18 Property to be fenced (1) The owner or occupier of property on which livestock is kept, shall cause the property or a portion of the property to be fenced in a manner capable of confining the livestock, to that portion where the livestock is kept. (2) The minimum fencing requirements to confine livestock in a rural or special rural zone shall be a fence of post and wire construction.

Division 5—Keeping of bees 2.19 Permit required to keep bees (1) Subject to the provisions of this clause, a person shall not keep bees or allow bees to be kept on land except in accordance with a valid permit issued in relation to the land. (2) Subclause (1) does not apply where— (a) the land is outside the townsite; and (b) the bees are kept— (i) at least 500 metres from a thoroughfare; or (ii) less than 500 metres from a thoroughfare but the vegetation or a screen or other barrier on the land is such as to encourage the bees to fly at a height over the thoroughfare as will not create a nuisance to users of the thoroughfare. (3) Subclause (1) does not apply where an occupier of land keeps bees on the land— (a) for a continuous period not exceeding 8 weeks; and (b) for the purpose of pollinating a crop on the land. (4) An occupier referred to in subclause (3), in keeping bees under that subclause, shall provide a good and sufficient water supply on the land which is readily accessible by the bees. (5) Subclause (1) does not apply where a person keeps bees on Crown land. 2.20 Application for a permit An applicant for a permit shall— (a) be a person registered as a beekeeper under regulation 13(7) of the Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013; (b) provide such details as may be required by the local government; (c) apply in the form approved by the local government; and (d) pay any application fee imposed and determined by the local government under sections 6.16 to 6.19 of the Act. 2.21 Determination of application (1) The local government may— (a) refuse to determine an application for a permit which does not comply with clause 2.20; (b) approve an application for a permit subject to the conditions referred to in clause 2.22(1) and to such other conditions as it considers appropriate; or (c) refuse to approve an application for a permit. (2) Where an application for a permit is approved subject to conditions, the permit holder is to comply with those conditions or is to cause those conditions to be complied with. (3) Where the local government approves an application under subclause (1)(b), it is to issue to the applicant a permit in the form approved by the local government. (4) A permit is valid from the date of issue unless, and until, it is cancelled under this local law. 2.22 Conditions of approval (1) Without limiting the generality of clause 2.21(1)(b) an application for a permit may be approved by the local government subject to the following conditions— (a) the provision of a good and sufficient water supply on the land which is readily accessible by the bees on the land; (b) each bee hive shall be— (i) kept at a distance specified by the local government from any thoroughfare, public place or boundary of the land; or

15 November 2016 GOVERNMENT GAZETTE, WA 5095 (ii) located near a screen or other barrier so as to prevent the bees flying low over a thoroughfare, public place or adjoining land; (iii) no more than 2 bee hives are to be kept on land of less than 2 000 square metres in area; and (iv) no more than 15 bee hives are to be kept on land between 2 000 square metres and 20 000 square metres in area. (2) In respect of a particular application for a permit, the local government may vary any of the conditions referred to in subclause (1). 2.23 Variation or cancellation of permit and conditions (1) The local government may vary the conditions of a permit after it has been issued. (2) The local government may cancel a permit on the request of a permit holder to do so. (3) Notwithstanding clause 2.27, a permit shall be cancelled on— (a) the permit holder ceasing to be registered as a beekeeper under regulation 13(7) of the Regulations 2013; or (b) the expiration of a continuous period of 12 months during which the permit holder has not kept any bees on the land to which the permit relates, without any action required on the part of the local government. 2.24 Permit holder to notify cessation of registration or keeping of bees (1) In this clause a permit holder includes the holder of a permit cancelled by clause 2.23(3). (2) A permit holder is to notify the local government in writing as soon as practicable after— (a) the permit holder ceases to be registered as a beekeeper under regulation 13(7) of the Regulations 2013; or (b) a continuous period of 12 months has passed during which the permit holder has not kept any bees on the land described in her or his permit. (3) A permit holder shall, within 7 days of the local government giving the permit holder a written notice to do so, provide to the local government— (a) written proof of her or his registration as a beekeeper under regulation 13(7) Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013; (b) in respect of land identified by the local government in its notice, a signed statement as to whether or not he or she has kept bees on the land within the 12 months preceding the date of the notice; or (c) both. 2.25 Permit not transferable A permit is personal to the permit holder, is not transferable and applies only to the land described in the permit. 2.26 Nuisance A person shall not keep, or allow to be kept, bees or bee hives, or both, on land so as to create a nuisance. 2.27 Notice to remove bees (1) Whenever, in the opinion of the local government, a person has contravened any provision of the Regulations 2013 or of this local law which relates to the keeping of bees or bee hives, the local government may give the permit holder, in relation to that land, or if there is no valid permit in relation to that land, an owner or occupier of the land, a written notice requiring her or him to remove any bees or bee hives, or both, from the land within the time specified in the notice. (2) Subject to Division 1 of Part 9 of the Act, on the giving of a notice referred to in subclause (1), any valid permit given by the local government relating to the keeping of bees or bee hives on that land is cancelled from the time specified in the notice, being not less than 7 days from the date it is given. (3) Where a person fails to comply with a notice given under subclause (1), the local government may dispose of the bees or the bee hives or both, in such manner as it sees fit and recover the costs of so doing from the permit holder, or an owner or occupier, as the case may be, as a debt due to it. PART 3—BUILDING, DEVELOPMENT AND LAND CARE Division 1—Litter and refuse on building sites 3.1 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 person, 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.

5096 GOVERNMENT GAZETTE, WA 15 November 2016 3.2 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 all reasonable steps 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 as free as is reasonably practicable from any refuse; (c) keep the thoroughfare verge, and any other reserve, immediately adjacent to the site, free of refuse generated or originating from the building or development 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— (a) the site and the thoroughfare verge immediately adjacent to it, is cleared of all refuse generated or originating from the building or development site; and (b) that all refuse receptacles are removed from the site. 3.3 Unauthorised storage of materials (1) All construction materials must be stored on the building site or development site under construction unless written approval of the local government to store materials on another property. (2) Written approval must be obtained from the local government prior to any proposal to store construction material on any thoroughfare verge. Division 2—Prevention of dust and liquid waste 3.4 Prohibited activities (1) An owner and or occupier of land shall take all reasonable steps to— (a) stabilise dust on the land; (b) contain all liquid waste on the land; and (c) ensure no dust or liquid waste is released or escapes from the land, whether by means of wind, water or any other cause. (2) Where the local government forms the opinion that that an owner or occupier has not complied with subclause (1), the local government may serve on the owner and/or occupier of the land a notice requiring the owner and/or occupier to do one or more of the following the owner and or occupier to— (a) comply with subclause (1)(a) or (1)(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. (3) Where a notice is issued under subclause (2), the requirements set out in the notice must be complied with in the period as is specified in the notice. (4) 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. Division 3—Smoke 3.5 Burning of cleared vegetation prohibited 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 unless authorisation in writing is given by the local Division 4—Unsightly land and disused materials 3.6 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, 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 thoroughfare and from adjoining properties; or (e) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance.

15 November 2016 GOVERNMENT GAZETTE, WA 5097 3.7 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) removing any refrigerants as per requirements of the Environment Protection (Ozone Protection) Policy 2000. Division 5—Hazardous materials 3.8 Hazardous trees (1) Where a tree on a lot endangers any person or thing on adjoining land, the local government may give a notice to the owner or the occupier of the lot to remove, cut, move or otherwise deal with that tree so as to make the tree safe. (2) Where a tree on a lot presents a serious and immediate danger to any person or thing, the local government may take any remedial action it considers appropriate in order to make the tree safe without having given the owner or occupier notice pursuant to subclause (1). (3) The local government reserves its right to recover any costs incurred by the local government for remedial action taken in terms of subclause (2). PART 4—NUISANCES AND DANGEROUS THINGS Division 1—Light 4.1 Use of exterior lights An owner or occupier of land on which floodlights or other exterior lights are erected or used, shall not allow the floodlights or other exterior lights to shine directly onto any other premises. 4.2 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 that land to more than 50 lux; and (b) natural light is not reflected from anything on the land so as to create or cause a nuisance to the occupier of any other premises or to a person lawfully using a thoroughfare. 4.3 Notice may require specified action to prevent emission or reflection of light (a) floodlights or other exterior lights shine directly onto any other premises; (b) artificial light is emitted or reflected from anything on the land so as to illuminate premises outside the land to more than 50 lux; or (c) natural light is reflected from anything on the land so as to create or cause a nuisance to the occupier of any other premises or to a person lawfully using a thoroughfare, the local government may by notice in writing direct the owner or occupier to take such actions as an authorised person considers necessary within the time specified in the notice. (2) The notice referred to in subclause (1) may direct that— (a) floodlights or other exterior lights are used only during the hours specified in the notice; (b) the direction in which the lights shine be altered as specified in the notice; (c) any reflective surfaces be painted or otherwise treated so as to abate the nuisance; or (d) any combination of these measures that the local government believes to be appropriate to the circumstances. Division 2—Smoke, fumes, odours and other emissions 4.4 Burning rubbish, refuse or other material (1) A person shall not on any land of an area 2000 square metres 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 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.

5098 GOVERNMENT GAZETTE, WA 15 November 2016 (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. 4.5 Escape of smoke, fumes, odours and other emissions An owner or occupier of land or premises shall take all reasonable steps to not cause or permit the escape of smoke, fumes or odours from the land or premises in such quantity or of such a nature as to cause or to be a nuisance to any person. Division 3—Trucks 4.6 Livestock vehicles (1) A person shall not park a vehicle containing livestock in a townsite for a period in excess of 30 minutes. (2) A person shall not park a vehicle which contains or has been used for the carriage of livestock so as to create or be a nuisance to any person, by reason of the odour emanating from the vehicle. (3) If a person parks a vehicle containing livestock in a townsite in accordance with subclause (1), then the person does not contravene subclause (2). 4.7 Truck noise from residential land A person shall not start or drive a truck on land zoned, approved or used for residential purposes between the hours of 12.00am and 5.00am on the following day without first obtaining the written consent of the local government. Division 4—Swimming pool backwash management 4.8 Containment and disposal of swimming pool and other wastewater (1) The owner or occupier of land on which a swimming pool is constructed shall ensure that all backwash 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 swimming pool backwash from a lot into a local government approved stormwater drain or road by a method approved by an authorised person. Division 5—Stormwater management 4.9 Containment of stormwater (1) Subject to subclause (2), the owner or occupier of a lot shall ensure that all stormwater received by any building, house, 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. 4.10 Guttering and downpipes (1) The owner or occupier of a lot shall ensure that each building or house on the lot is provided with adequate guttering and downpipes sufficient to receive, without overflow, all stormwater from the roof of the building or house, in accordance with AS/NZS 3500. (2) The owner or occupier of a lot shall ensure that all guttering and downpipes to each building or house on the lot are maintained in a good state of repair and free from obstruction. 4.11 Stormwater disposal systems (1) The owner or occupier of a lot shall ensure that all stormwater from the roof of each building or house on the lot, or the overflow from rainwater storage tanks, is discharged into stormwater drainage system, or discharged by other methods approved by the local government, in accordance with AS/NZS 3500. (2) The owner or occupier of a lot shall ensure that all stormwater from paved areas or other surfaced areas including any vehicle access ways of the lot is discharged into a stormwater drainage system of adequate capacity in accordance with AS/NZS 3500.

Division 6—Amusement activities 4.12 Nuisance A person shall not, without written authorisation from the local government, provide or conduct any amusement on land so as to create or be a nuisance to any owner or occupier of land in the district. 4.13 Abatement by authorised person Subject to subdivision 3 of Division 3 of Part 3 of the Act, an authorised person may enter on any land where an amusement is provided or conducted and may do any act or thing reasonably required to abate a nuisance referred to in clause 4.12.

Division 7—Advertising, bill posting and junk mail 4.14 Placement of advertisement, bill posting or junk mail (1) A person shall not, without written authorisation from the local government, place or affix any letter, figure, device, poster, sign or advertisement on any buildings, fences or posts.

15 November 2016 GOVERNMENT GAZETTE, WA 5099 (2) A person shall not place in or on any letter box, gate, fence or generally leave or distribute to any property in the district, any handbill, poster, pamphlet, flyer or other form of advertising or promotional material, where there is clearly displayed a sign or notice which states “no junk mail” or words of similar effect. 4.15 Exemptions Clause 4.14 does not apply to— (a) delivery of articles by Australia Post; (b) documents issued under or for the purposes of an Act of Parliament; (c) an authorised person or member of the Police Service acting in the course of their duties; (d) electoral materials; or (e) legal process.

Division 8—Bird nuisance 4.16 Restrictions on feeding of birds (1) A person shall not feed a bird— (a) so as to cause a nuisance, or (b) with a food or substance that is not a natural food of a bird. (2) Where an authorised person forms the opinion that a person has not complied with subclause (1) the authorised person may serve the person a notice requiring the person to clean up and properly dispose of any feed or waste products specified in the notice. PART 5—OBJECTIONS AND APPEALS 5.1 Objections and appeals When the local government makes a decision under this local law as to whether it will— (a) grant a person a permit or authorisation; (b) vary or cancel a permit or authorisation; or (c) give a person a notice, the provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations shall apply to that decision. PART 6—ENFORCEMENT Division 1—Notice of breach 6.1 Notice of breach (1) Where a breach of any provision of this local law has occurred, the local government may give a notice in writing to the person alleged to be responsible for such breach. (2) A notice issued pursuant to subclause (1) shall— (a) specify the provision of this local law which has been breached; (b) specify the particulars of the breach; and (c) state the manner in which the recipient is required to remedy the breach to the satisfaction of the local government within a time period stipulated in the notice which shall be not less than 14 days from the giving of the notice. (3) It is an offence to fail to comply with a notice issued by the local government pursuant to 6.2 Form of notices Where this local law refers to the giving of a notice other than the giving of an infringement notice and no particular form is prescribed, it will be sufficient that the notice be in writing giving adequate details to enable the owner, occupier or other person to whom the notice is issued to know the offence committed and the measures required to be taken or conditions with which compliance is required, as the case may be. 6.3 When local government may undertake work required by notice (1) This clause applies only in respect of a notice issued under clauses 3.8(1) and 4.3(1) of this local law. (2) Where a person fails to comply with a notice referred to in subclause (1) the local government may, subject to compliance with the requirements of subdivision 3 of Division 3 of Part 3 of the Act, do anything that it considers necessary to achieve, so far as is practicable, the purpose for which the notice was given. (3) The local government may recover the cost of anything it does under subclause (2) as a debt due from the person who failed to comply with the notice.

5100 GOVERNMENT GAZETTE, WA 15 November 2016 6.4 Offences and penalties (1) A person who— (a) fails to do anything required or directed to be done under this local law; (b) fails to comply with the requirements of a notice issued under this local law by an authorised person; or (c) does anything which under this local law that person is prohibited from doing, commits an offence. (2) Where, under this local law, an act is required to be done or forbidden to be done in relation to any land or premises, the owner or occupier of the land or premises has the duty of causing to be done the act so required to be done, or of preventing from being done the act forbidden to be done. (3) A person who commits an offence under this local law is liable to a maximum penalty of $5,000 and a maximum daily penalty of $500 in respect of each day or part of a day during which the offence has continued. 6.5 Modified penalties (1) An offence against any provision of this local law is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) Unless otherwise specified, the amount of the modified penalty for an offence against any provision of this local law is $150. (3) An authorised person should be satisfied that— (a) commission of the offence is a relatively minor matter; and (b) only straightforward issues of law and fact are involved in determining whether the prescribed offence was committed, and the facts in issue are readily ascertainable, before giving an infringement notice to a person in respect of the commission of an offence. 6.6 Form of infringement notices For the purposes of this local law— (a) where a vehicle is involved in the commission of an offence, the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations; (b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in

Schedule 1 of the Regulations; and (c) the form of the notice given under section 9.20 of the Act withdrawing an infringement notice is that of Form 3 in Schedule 1 of the Regulations. ———— This Local Law was made by the Shire of Gnowangerup at an Ordinary Meeting held on 27 of July 2016. Consented to— Professor TARUN WEERAMANTHRI, Executive Director, Public Health. Dated this 22nd day of August 2016.

15 November 2016 GOVERNMENT GAZETTE, WA 5101 BUSH FIRES ACT 1954 PART 2—ESTABLISHMENT OF BUSH FIRE BRIGADE Division 1—Establishment of a bush fire brigade 2.1 Establishment of a bush fire brigade 2.2 Name and officers of bush fire brigade Division 2—Command at a fire 2.3 Ranks within the bush fire brigade Division 3—Application of Rules to a bush fire brigade 2.4 Rules Division 4—Transitional 2.5 Existing bush fire brigades Division 5—Dissolution of bush fire brigade 2.6 Dissolution of bush fire brigade 2.7 New arrangement after dissolution PART 3—ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES Division 1—Local government responsibility 3.1 Local government responsible for structure 3.2 Officers to be supplied with Act Division 2—Chief Bush Fire Control Officer 3.3 Managerial role of Chief Bush Fire Control Officer 3.4 Chief Bush Fire Control Officer may attend meetings 3.5 Duties of Chief Bush Fire Control Officer Division 3—Annual general meetings of bush fire brigades 3.6 Holding of annual general meeting 3.7 Nomination of bush fire control officers to Bush Fire Advisory Committee 3.8 Nomination of bush fire control officer to the local government 3.9 Minutes to be tabled before the Bush Fire Advisory Committee Division 4—Bush Fire Advisory Committee 3.10 Functions of Bush Fire Advisory Committee 3.11 Bush Fire Advisory Committee to nominate bush fire control officers 3.12 Local government to have regard to nominees 3.13 Bush Fire Advisory Committee to consider bush fire brigade motions

5102 GOVERNMENT GAZETTE, WA 15 November 2016 PART 4—TYPES OF BUSH FIRE BRIGADE MEMBERSHIP 4.1 Types of membership of bush fire brigade 4.2 Fire fighting members 4.3 Cadet members 4.4 Honorary life member 4.5 Notification of membership PART 5—APPOINTMENT DISMISSAL AND MANAGEMENT OF MEMBERS 5.1 Rules to govern PART 6—EQUIPMENT OF BUSH FIRES BRIGADES 6.1 Policies of local government 6.2 Equipment in brigade area 6.3 Funding from local government budget 6.4 Consideration in the local government budget Schedule 1—Rules governing the operation of bush fire brigades

15 November 2016 GOVERNMENT GAZETTE, WA 5103 BUSH FIRES ACT 1954 Under the powers conferred by section 62 of the Bush Fires Act 1954, subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Gnowangerup resolved on 27 July 2016 to make the following local law. This local law may be cited as the Shire of Gnowangerup Bush Fire Brigades Local Law 2016. This local law comes into operation 14 days after the date on which it is published in the Government The By-laws of the Gnowangerup Road Board relating to the Establishment, Maintenance and Equipment of Bush Fire Brigades for the Road District of Gnowangerup published in the Government Gazette of the 13 February 1942 is repealed. (1) In this local law unless the context otherwise requires— Act means the Bush Fires Act 1954; brigade area is defined in clause 2.2(1)(b); brigade member means a fire fighting member or a cadet member of a bush fire brigade; brigade officer means a person holding a position referred to in clause 2.2 (1)(c), whether or not he or she was appointed by the local government or elected at an annual general meeting of a bush fire brigade or otherwise appointed to the position; Bush Fire Advisory Committee means the persons appointed to a bush fire advisory committee under and in accordance with section 67 of the Act; bush fire brigade is defined in section 7 of the Act; bush fire control officer means a bush fire control officer appointed under the Act; Bush Fire Operating Procedures means the Bush Fire Operating Procedures adopted by the local government as amended from time to time; CEO means the chief executive officer of the local government; Chief Bush Fire Control Officer means the Chief Bush Fire Control Officer appointed under the Act; Council means the Council of the local government; Department has the meaning given by section 3 of the Fire and Emergency Services Act 1998; fire fighting activities means all normal brigade activities relating to a live bush fire which is active in the district, and includes burning off, creating fire breaks and other methods for the control of bush fires; fire fighting member is defined in clause 4.2; normal brigade activities has the meaning given in the Act; Regulations means Regulations made under the Act; and Rules means the Rules Governing the Operation of Bush Fire Brigades set out in the Schedule 1.

5104 GOVERNMENT GAZETTE, WA 15 November 2016 (2) In this local law, unless the context otherwise requires, a reference to— (a) a Captain; (b) a First Lieutenant; (c) a Second Lieutenant; (d) any additional Lieutenants; (e) an Equipment Officer; (f) a Secretary; and (g) a Treasurer; or (h) a Secretary / Treasurer combined, means a person holding that position in a bush fire brigade. PART 2—ESTABLISHMENT OF BUSH FIRE BRIGADE Division 1—Establishment of a bush fire brigade 2.1 Establishment of a bush fire brigade (1) The local government may establish a bush fire brigade for the purpose of carrying out normal brigade activities. (2) A bush fire brigade is established on the date of the local government’s decision under 2.2 Name and officers of bush fire brigade (1) On establishing a bush fire brigade under clause 2.1(1) the local government is to— (a) give a name to the bush fire brigade; (b) specify the area in which the bush fire brigade is primarily responsible for carrying out the normal brigade activities; and (c) appoint— (i) a Captain; (ii) a First Lieutenant; (iii) a Second Lieutenant; (iv) additional Lieutenants if the local government considers it necessary; (v) an Equipment Officer; (vi) a Secretary; and (vii) a Treasurer; or (viii) a Secretary/Treasurer combined. (2) When considering the appointment of persons to the positions in subclause (1)(c), the local government is to have regard to the qualifications and experience which may be required to fill each position. (3) A person appointed to a position in subclause (1)(c) is to be taken to be a brigade member. (4) The appointments referred to in subclause (1)(c) expire at the conclusion of the first annual general meeting of the bush fire brigade. (5) If a position referred to in subclause (1)(c) becomes vacant prior to the conclusion of the first annual general meeting, then the local government is to appoint a person to fill the vacancy in accordance with subclause (2). Division 2—Command at a fire 2.3 Ranks within the bush fire brigade (1) Where under the Act and Bush Fire Operating Procedures members of the bush fire brigade have command of a fire, unless a bush fire control officer is in attendance at the fire, the Captain has full control over other persons fighting the fire, and is to issue instructions as to the methods to be adopted by the firefighters. (2) In the absence of the Captain, the bush fire control officer, in the order of seniority determined, is to exercise all the powers and duties of the Captain. (3) Where a bush fire control officer is in attendance at a fire which the members of the bush fire brigade have command of under the Act and the Bush Fire Operating Procedures, the most senior bush fire control officer has full control over other persons fighting the fire and is to issue instructions as to the methods to be adopted by the firefighters. Division 3—Application of Rules to a bush fire brigade 2.4 Rules (1) The Rules govern the operation of a bush fire brigade. (2) A bush fire brigade and each brigade member is to comply with the Rules.

15 November 2016 GOVERNMENT GAZETTE, WA 5105 Division 4—Transitional 2.5 Existing bush fire brigades (1) Where a local government has established a bush fire brigade prior to the commencement date, then on and from the commencement day— (a) the bush fire brigade is to be taken to be a bush fire brigade established under and in accordance with this local law; (b) the provisions of this local law apply to the bush fire brigade save for clause 2.2; and (c) any rules governing the operation of the bush fire brigade are to be taken to have been repealed and substituted with the Rules. (2) In this clause— commencement day means the day on which this local law comes into operation. Division 5—Dissolution of bush fire brigade 2.6 Dissolution of bush fire brigade In accordance with section 41(3) of the Act, the local government may cancel the registration of a bush fire brigade if it is of the opinion that the bush fire brigade is not complying with the Act, this local law, the Bush Fire Operating Procedures or the Rules, or is not achieving the objectives for which it was established. 2.7 New arrangement after dissolution If the local government cancels the registration of a bush fire brigade, alternative fire control arrangements are to be made in respect of the brigade area. PART 3—ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES Division 1—Local government responsibility 3.1 Local government responsible for structure The local government is to ensure that there is an appropriate structure through which the organisation of bush fire brigades is maintained. 3.2 Bush fire brigade to be supplied with Act The local government is to supply each bush fire brigade officer with 2 copies of the Act, the Regulations, the Bush Fire Operating Procedures, this local law and any other written laws which may be relevant to the performance of the brigade officers’ functions, and any amendments which are made from time to time. Division 2—Chief Bush Fire Control Officer 3.3 Managerial role of Chief Bush Fire Control Officer Subject to any directions by the local government the Chief Bush Fire Control Officer has primary managerial responsibility for the organisation and maintenance of bush fire brigades. 3.4 Chief Bush Fire Control Officer may attend meetings The Chief Bush Fire Control Officer or her or his nominee (who is to be a bush fire control officer) may attend as a non-voting representative of the local government at any meeting of a bush fire brigade. 3.5 Duties of Chief Bush Fire Control Officer The duties of the Chief Bush Fire Control Officer include— (a) providing leadership to the bush fire brigades; (b) monitoring bush fire brigades’ resourcing, equipment (including protective clothing) and training levels and report, with recommendations, to the local government at least once a year; (c) liaising with the local government concerning fire prevention/suppression matters generally and directions to be issued by the local government to bush fire control officers (including those who issue permits to burn), bush fire brigades or brigade officers; and (d) ensuring that bush fire brigades are registered with the local government and that lists of brigade members are maintained. Division 3—Annual general meetings of bush fire brigades 3.6 Holding of annual general meeting A bush fire brigade is to hold its annual general meeting during the months of June and July each year. 3.7 Nomination of bush fire control officers to Bush Fire Advisory Committee At the annual general meeting of a bush fire brigade, one brigade member is to be nominated to the Bush Fire Advisory Committee to serve as the bush fire control officer for the brigade area until the next annual general meeting.

5106 GOVERNMENT GAZETTE, WA 15 November 2016 3.8 Nomination of bush fire control officer to the local government If the local government has not established a Bush Fire Advisory Committee, then at the annual general meeting of a bush fire brigade, the bush fire brigade is to nominate one brigade member to the local government to serve as the bush fire control officer for the brigade area until the next annual general meeting. 3.9 Minutes to be tabled before the Bush Fire Advisory Committee (1) The Secretary is to forward a copy of the minutes of the annual general meeting of a bush fire brigade to the Chief Bush Fire Control Officer within one month after the meeting. (2) The Chief Bush Fire Control Officer is to table the minutes of a bush fire brigade’s annual general meeting at the next meeting of the— (a) Bush Fire Advisory Committee; or (b) Council, if there is no Bush Fire Advisory Committee, following their receipt under subclause (1). Division 4—Bush Fire Advisory Committee 3.10 Functions of Bush Fire Advisory Committee The Bush Fire Advisory Committee is to have the functions set out in section 67 of the Act and is to include such number of nominees of the bush fire brigades as is determined by the local government. 3.11 Bush Fire Advisory Committee to nominate bush fire control officers As soon as practicable after the annual general meeting of each bush fire brigade in the district, the Bush Fire Advisory Committee is to nominate to the local government, from the persons nominated by each bush fire brigade, a person for the position of a bush fire control officer for the brigade area. 3.12 Local government to have regard to nominees When considering persons for the position of a bush fire control officer, the local government is to have regard to those persons nominated by the Bush Fire Advisory Committee, but is not bound to appoint the persons nominated. 3.13 Bush Fire Advisory Committee to consider bush fire brigade motions The Bush Fire Advisory Committee is to make recommendations to the local government on all motions received by the Bush Fire Advisory Committee from bush fire brigades. PART 4—TYPES OF BUSH FIRE BRIGADE MEMBERSHIP 4.1 Types of membership of bush fire brigade The membership of a bush fire brigade consists of the following— (a) fire fighting members; (b) cadet members; and (c) honorary life members. 4.2 Fire fighting members Fire fighting members are those persons being at least 16 years of age who undertake all normal brigade activities. 4.3 Cadet members Cadet members are— (a) to be aged 11 to 15 years; (b) to be admitted to membership only with the consent of their parent or guardian; (c) admitted for the purpose of training and are not to attend or be in attendance at an uncontrolled fire or other emergency incident; (d) to be supervised by a fire fighting member when undertaking normal brigade activities as defined by paragraphs (c), (d), (e), (f) and (g) of section 35A of the Act; (e) ineligible to vote at bush fire brigade meetings; and (f) not to be assigned ranks under the Department’s rank structure. 4.4 Honorary life member (1) The bush fire brigade may by a simple majority resolution, of the brigade members who are present in person or by proxy at the meeting, appoint a person as an honorary life member in recognition of services by that person to the bush fire brigade. (2) No membership fees are to be payable by an honorary life member. 4.5 Notification of membership No later than 31 July in each year, the bush fire brigade is to report to the Chief Bush Fire Control Officer the name, contact details and type of membership of each brigade member.

15 November 2016 GOVERNMENT GAZETTE, WA 5107 PART 5—APPOINTMENT DISMISSAL AND MANAGEMENT OF MEMBERS 5.1 Rules to govern The appointment, dismissal and management of brigade members by the bush fire brigade are governed by the Rules. PART 6—EQUIPMENT OF BUSH FIRES BRIGADES 6.1 Policies of local government The local government may make policies under which it— (a) provides funding to bush fire brigades for the purchase of protective clothing, equipment and appliances; and (b) keeps bush fire brigades informed of opportunities for funding from other bodies. 6.2 Equipment in brigade area No later than 28 February in each year, the bush fire brigade is to report to the local government the nature, quantity and quality of all protective clothing, equipment and appliances of the bush fire brigade which are generally available within the brigade area (or at a station of the bush fire brigade). 6.3 Funding from local government budget A request to the local government from the bush fire brigade for funding of protective clothing, equipment or appliance needs is to be received by the local government by 28 February in order to be considered in the next following local government budget, and is to be accompanied by the last audited financial statement and a current statement of assets and liabilities of the bush fire brigade. 6.4 Consideration in the local government budget The local government may approve or refuse an application for funding depending upon the assessment of budget priorities for the year in question. ———— SCHEDULE 1—RULES GOVERNING THE OPERATION OF BUSH FIRE BRIGADES [Clause 5.1]

Part 1—Preliminary 1.1 Interpretation (1) In these Rules, unless the context otherwise requires, where a term is used in these Rules and is defined in the local law, the Act or the Regulations, then the term is to be taken to have the meaning assigned to it in the local law, the Act or the Regulations, as the case may be. (2) In these Rules, unless the context otherwise requires— absolute majority means a majority of more than 50% of the number of— (a) brigade members of the bush fire brigade, whether in attendance at the meeting or not, if the majority is required at a meeting of the bush fire brigade; or (b) brigade officers of the bush fire brigade, whether in attendance at the meeting or not, if the majority is required at a meeting of the Committee; Committee means the Committee of the bush fire brigade; local law means the Shire of Gnowangerup Bush Fire Brigades Local Law 2016; and normal brigade activities is defined by section 35A of the Act. (3) Subject to these Rules, where a decision is to be made by the bush fire brigade, then the decision may be made by a resolution passed by a simple majority of the brigade members who are present in person or by proxy at the meeting. (4) Subject to these Rules, where a decision is to be made by the Committee, then the decision may be made by a resolution passed by a simple majority of the brigade officers who are present in person or by proxy at the meeting. Part 2—Objects and membership of bush fire brigade 2.1 Objectives of bush fire brigade The objectives of the bush fire brigade are to carry out— (a) the normal brigade activities; and (b) the functions of the bush fire brigade which are specified in the Act, the Regulations and the local law. 2.2 Applications for membership Applications for membership of a bush fire brigade shall— (a) be submitted to the Captain or Secretary of the relevant bush fire brigade, who shall forward a copy of the application to the Chief Bush Fire Control Officer within one week of the application being submitted; and

5108 GOVERNMENT GAZETTE, WA 15 November 2016 (b) be determined by the Committee of the bush fire brigade, having regard to any advice received from the Chief Bush Fire Control Officer in relation to the application. 2.3 Conditions of membership (1) Members of a bush fire brigade shall comply with the Bush Fire Operating Procedures in carrying out normal brigade activities. (2) In relation to any type of membership, as described in Part 4 of the local law, the bush fire brigade may establish policies pertaining to— (a) the qualifications required; (b) fees payable, if any; (c) a requirement to serve a probationary period; and (d) procedures to be employed by the Committee, in assessing an application for membership, and the Committee is to determine applications for membership in accordance with any such policy. 2.4 Decision on application for membership (1) The Committee may— (a) approve an application for membership unconditionally or subject to any conditions; or (b) refuse to approve an application for membership. (2) If the Committee refuses to approve an application for membership, it is to give written reasons for the refusal, as soon as practicable after the decision is made, to the applicant and the advice that the applicant has the right to object to the local government. 2.5 Department to be notified of registrations If any application for membership is approved, the Secretary of the bush fire brigade is to supply registration details to the Department within 14 days of a person being admitted to membership in the form required by the Department from time to time. 2.6 Termination of membership (1) Membership of the bush fire brigade terminates if the member— (a) dies; (b) gives written notice of resignation to the Secretary; (c) is dismissed by the Committee by reason of— (i) failing to comply with the aims and objectives of the bush fire brigade; (ii) failing to comply with the Act, Regulations, the Bush Fire Operating Procedures, this local law or the bush fire brigade policies; (iii) displaying conduct detrimental to the interests of the bush fire brigade; (iv) being convicted of a criminal offence that in the opinion of the Committee would ordinarily exclude the member from joining a brigade; or (v) acting in such a manner as to cause harm or distress to other brigade members; or (d) ceases to be a member or is taken to have resigned under subclause (2). (2) A brigade member who in the opinion of the Committee has not adequately fulfilled his or her role within the bush fire brigade and has not responded to any written correspondence requesting that he or she state their intentions, within 21 days, shall be deemed to have resigned from the bush fire brigade. 2.7 Suspension of membership (1) Membership of the bush fire brigade may be suspended at any time if, in the opinion of the Committee, circumstances warrant suspending the member. (2) The period of suspension shall be up to a maximum of 3 consecutive calendar months and shall be determined at the discretion of the Committee. (3) Upon the expiry of the period of suspension the Committee may— (a) extend the period of suspension; (b) terminate the membership; or (c) reinstate the membership. 2.8 Existing liabilities to continue The resignation or dismissal of a member under clause 2.6 does not affect any liability of the brigade member arising prior to the date of resignation or dismissal. 2.9 Member has right of defence A brigade member is not to be dismissed under clause 2.6(1)(c) without being given the opportunity to meet with the Committee and answer any charges which might give grounds for dismissal. 2.10 Objection Rights A person whose— (a) application for membership is refused under clause 2.4(1)(b); (b) membership is terminated under clause 2.6(1)(c), clause 2.6(1)(d) or clause 2.7(3)(b); or (c) membership is suspended under clause 2.7(1) or clause 2.7(3)(a),

15 November 2016 GOVERNMENT GAZETTE, WA 5109 has the right of objection to the local government which may dispose of the objection by— (a) dismissing the objection; (b) varying the decision objected to; or (c) revoking the decision objected to, with or without— (i) substituting for it another decision; or (ii) referring the matter, with or without directions, for another decision by the Committee. Part 3—Functions of brigade officers 3.1 Chain of command during fire fighting activities Subject to the Act and the local law, the command procedures to apply during fire fighting activities are as detailed in the local government’s Bush Fire Operating Procedures. 3.2 Duties of Captain (1) Subject to subclause (2), the Captain is to preside at all meetings. (2) In the absence of the Captain, the meeting may elect another person to preside at the meeting. 3.3 Duties of Secretary (1) The Secretary is to— (a) be in attendance at all meetings and keep a correct minute and account of the proceedings of the bush fire brigade in a book which shall be open for inspection by brigade members at any reasonable time; (b) answer and keep a record of all correspondence or direct it appropriately; (c) prepare and send out all necessary notices of meetings; (d) receive donations and other monies on behalf of the bush fire brigade, and remit them to the Treasurer upon receipt; (e) complete and forward an incident report form in the form required by the Department to the Chief Bush Fire Control Officer and the Department within 14 days after attendance by the bush fire brigade at an incident; (f) maintain a register of all current brigade members which includes each brigade member’s contact details and type of membership; and (g) provide no later than 31 May in each year, a report to the Chief Bush Fire Control Officer detailing the name, contact details and type of membership of each brigade member. (2) Where a bush fire brigade attends an incident on more than one day, the incident report form is to be completed and forwarded under subclause (1)(e) within 14 days after the last day of attendance. 3.4 Duties of Treasurer The Treasurer is to— (a) receive donations and deposits from the Secretary, and deposit all monies to the credit of the bush fire brigade’s bank account; (b) pay accounts as authorised by the Committee; (c) keep a record of all monies received and payments made, maintain the accounts and prepare the balance sheet for each financial year; (d) be the custodian of all monies of the bush fire brigade; and (e) report on the financial position at meetings of the bush fire brigade or Committee. 3.5 Duties of Equipment Officer The Equipment Officer is responsible for the custody and maintenance in good order and condition of all protective clothing, equipment and appliances provided by the local government to the bush fire brigade (or of the bush fire brigade). 3.6 Storage of equipment (1) The Equipment Officer may store all of the equipment of the bush fire brigade at a place approved by the Captain (the “station”). (2) If there is to be more than one station in the brigade area, the Equipment Officer is to appoint in respect of each station a person who is responsible for the custody and maintenance in good order and condition of all equipment and appliances at the station, subject to any direction of the Equipment Officer. 3.7 Equipment Officer to report The Equipment Officer is to provide, no later than 28 February of each year, a report to the local government and bush fire brigade captain describing the nature, quantity and quality of all protective clothing, equipment and appliances of the bush fire brigade which are generally available within the bush fire brigade area (or at a station of the bush fire brigade). Part 4—Committee 4.1 Management of bush fire brigade (1) Subject to the provisions of these Rules, the administration and affairs of the bush fire brigade shall be managed by the Committee.

5110 GOVERNMENT GAZETTE, WA 15 November 2016 (2) Without limiting the generality of subclause (1), the Committee is to have the following functions— (a) to recommend to the local government amendments to these Rules; (b) to draft the annual budget for the bush fire brigade and present it at the annual general meeting of the bush fire brigade; (c) to propose a motion for consideration at any meeting of the bush fire brigade; (d) to recommend to the local government equipment which needs to be supplied by the local government to the bush fire brigade; (e) to invest or place on deposit any of the funds of the bush fire brigade not immediately required to perform the normal brigade activities; (f) to delegate to a person, as from time to time thought fit, any functions (being less than the total functions of the Committee) on any conditions it thinks fit; (g) to do all things necessary or convenient in order to perform any of its functions and to secure the performance of the normal brigade activities by the bush fire brigade; and (h) deal with membership applications, grievances, disputes and disciplinary matters. 4.2 Constitution of Committee (1) The Committee of the bush fire brigade is to consist of the brigade officers being the Captain, Secretary, Treasurer, Equipment Officer and the Lieutenants of the bush fire brigade. (2) The brigade officers are to— (a) be elected at the annual general meeting of the bush fire brigade; (b) hold office until the conclusion of the next annual general meeting; and (c) be eligible for re-election at the next annual general meeting. (3) Any brigade officer may be removed from office by an absolute majority decision of the brigade members present in person or by proxy at a special meeting called for such a purpose. (4) The Committee may appoint a brigade member to fill a vacancy in any office arising from a resolution under subclause (3) or which has arisen for any other reason. Part 5—Meetings of bush fire brigade 5.1 Ordinary meetings (1) Ordinary meetings may be called at any time by the Secretary by giving at least 7 days notice to all brigade members and to the Chief Bush Fire Control Officer, for the purpose of— (a) organising and checking equipment; (b) requisitioning new or replacement equipment; (c) organising field excursions, training sessions, hazard reduction programs, and the preparation of firebreaks; (d) establishing new procedures in respect of any of the normal brigade activities; and (e) dealing with any general business. (2) In a notice given under subclause (1), the Secretary is to specify the business which is to be (3) Business may be conducted at an ordinary meeting of the bush fire brigade notwithstanding that it was not specified in a notice given under subclause (1) in relation to that meeting. 5.2 Special meetings (1) The Secretary is to call a special meeting when 5 or more brigade members request one in writing. (2) At least 2 days notice of a special meeting is to be given by the Secretary, to all brigade members and to the Chief Bush Fire Control Officer. (3) In a notice given under subclause (2) the Secretary is to specify the business which is to be (4) No business is to be conducted at a special meeting beyond that specified in a notice given under subclause (2) in relation to that meeting. 5.3 Annual general meeting (1) At least 7 days notice of the annual general meeting is to be given by the Secretary to all brigade members and to the Chief Bush Fire Control Officer. (2) At the annual general meeting the bush fire brigade is to— (a) elect the brigade officers from among the brigade members; (b) consider the Captain’s report on the year’s activities; (c) adopt the annual financial statements; (d) appoint an Auditor for the ensuing financial year in accordance with clause 5.6 of this Schedule; and (e) deal with any general business. (3) In a notice given under subclause (1), the Secretary is to specify the business which is to be

15 November 2016 GOVERNMENT GAZETTE, WA 5111 (4) Business may be conducted at an annual general meeting notwithstanding that it was not specified in a notice given under subclause (1) in relation to that meeting. 5.4 Quorum (1) The quorum for a meeting of the bush fire brigade is at least 50% of the number of officers (whether vacant or not) or members of the bush fire brigade. (2) No business is to be transacted at a meeting of the bush fire brigade unless a quorum of brigade members is present in person or by proxy. 5.5 Voting (1) Each brigade member has only one vote at meetings of the bush fire brigade. (2) In the case of an equality of votes, a question shall be decided in the negative. 5.6 Auditor (1) At the annual general meeting a person, not being a brigade member, is to be appointed as the Auditor of the bush fire brigade for the ensuing financial year. (2) The Auditor is to audit the accounts of the bush fire brigade not less than 7 days before the annual general meeting and is to certify to their correctness or otherwise and present a report at the annual general meeting. Part 6—Meetings of committee 6.1 Meetings of Committee (1) The Committee is to meet for the despatch of business, adjourn and otherwise regulate its meeting as it thinks fit. (2) The Captain or Secretary may convene a meeting of the Committee at any time. 6.2 Quorum No business is to be transacted at a meeting of the Committee unless a quorum of 3 brigade officers is present in person. 6.3 Voting Each brigade officer has only one vote at meetings of the Committee, however in the case of an equality of votes, the Captain (or person presiding) may exercise a casting vote.

Part 7—General administration matters 7.1 Funds The funds of the bush fire brigade are to be used solely for the purpose of promoting the objects of the bush fire brigade. 7.2 Financial year The financial year of the bush fire brigade is to commence on 1 July and is to end on 30 June of the following year. 7.3 Banking (1) The funds of the bush fire brigade are to be placed in a bank account and are to be drawn by whatever means is considered by the Bush Fire Brigade to be the most convenient including the use of electronic fund transfers. (2) If the Secretary/Treasurer is a combined position, the Captain and Secretary/Treasurer or such other person designated by the bush fire brigade, are to authorise payments referred to in subclause (1). 7.4 Disclosure of interests (1) A brigade member shall disclose to the bush fire brigade or Committee any financial interest (whether direct or indirect) he or she may have in any matter being considered by the bush fire brigade or Committee, as appropriate. (2) If a financial interest has been disclosed under subclause (1), then the bush fire brigade or Committee, as appropriate, is to decide, in the absence of the brigade member who disclosed that interest, whether or not the brigade member is to be permitted to vote on that matter. (3) Where the bush fire brigade or Committee, as appropriate, decides under subclause (2), that a brigade member is not to be permitted to vote on a matter, and the brigade member votes on the matter, then her or his vote is to be taken to have no effect and is not to be counted. (4) Every disclosure made under subclause (1) shall be recorded in the minutes of the meeting of the bush fire brigade or Committee at which the disclosure was made. 7.5 Disagreements (1) Any disagreement between brigade members may be referred to either the Captain or to the Committee. (2) Where a disagreement in subclause (1) is considered by the Captain or the Committee to be of importance to the interests of the bush fire brigade, then the Captain or the Committee is to refer the disagreement to the annual general meeting, an ordinary meeting or a special meeting of the bush fire brigade.

5112 GOVERNMENT GAZETTE, WA 15 November 2016 (3) The local government is the final authority on matters affecting the bush fire brigade, and may resolve any disagreement which is not resolved under subclause (1) or (2).

Part 8—Notices and proxies 8.1 Notices (1) Where any notice, including a notice of meeting, is to be given under these Rules, the notice is to be— (a) in writing; (b) given by— (i) personal delivery to the nominated address of the addressee; (ii) post to the nominated postal address of the addressee; (iii) facsimile transmission to the nominated facsimile number of the addressee; or (iv) e-mail to the nominated electronic address of the addressee. (c) taken to have been received, as the case may be— (i) at the time of personal delivery; (ii) three business days after posting; (iii) subject to paragraph (d), at the time of transmission by facsimile or e-mail if before 5.00 pm on a business day or otherwise at 9.00 am on the next business day; or (iv) at the time when the electronic communication becomes capable of being retrieved by the addressee. (d) A facsimile transmission or e-mail is not given or received if— (i) at the conclusion of a facsimile transmission the sender’s facsimile machine issues an error transmission report which indicates that the relevant number of pages comprised in the notice has not been sent; or (ii) at the conclusion of an e-mail the sender receives an automated message stating that the e-mail was undeliverable. (2) Any accidental omission to give notice of a meeting to, or non-receipt by a person entitled to receive such notice, is not to invalidate the meeting the subject of the notice or any resolutions passed at the meeting. 8.2 Proxies (1) Where under these Rules a brigade member may vote by proxy, in order for the proxy to so vote, the brigade member or the proxy shall give a notice in the form, as determined by the local government, to the Secretary or the person presiding at the meeting before the start of the meeting at which the proxy is to be used. (2) A proxy is valid for the meeting for which it is given and for any adjournments of that meeting. (3) A proxy shall be valid for the number of votes to which the brigade member is entitled. (4) If the donor of the proxy does not give any indication of the manner in which the proxy is to vote, the proxy shall be entitled to vote or not vote as he or she thinks fit. (5) A proxy shall be entitled to speak on behalf of the donor of the proxy. (6) All forms appointing proxies deposited under subclause (1) are to be retained by the Secretary for not less than 28 days after the conclusion of the meeting to which they relate but if there is any objection to the validity of any vote at the meeting, they are to be retained until the determination of that objection. (7) The form appointing a proxy shall be in writing and signed by the brigade member appointing the proxy and shall be in or substantially in the form, as determined by the local government. ————

15 November 2016 GOVERNMENT GAZETTE, WA 5113 DOG ACT 1976 PRELIMINARYPART 1— IMPOUNDING OF DOGSPART 2— 2.1 Charges and costs 2.2 Attendance of authorised person at pound 2.3 Release of impounded dog REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGSPART 3— 3.1 Dogs to be confined 3.2 Limitation on the number of dogs APPROVED KENNEL ESTABLISHMENTSPART 4— 4.2 Application for licence for approved kennel establishment 4.3 Notice of proposed use 4.4 Exemption from notice requirements 4.5 When application can be determined 4.6 Determination of application 4.7 Where application cannot be approved 4.8 Conditions of approval 4.9 Fees 4.10 Form of licence 4.11 Period of licence 4.12 Variation or cancellation of licence 4.13 Transfer of licence 4.14 Notification 4.15 Inspection of kennel MISCELLANEOUSPART 5— 5.1 Offence to excrete ENFORCEMENTPART 6— 6.2 Modified penalties 6.3 Issue of infringement notice 6.4 Failure to pay modified penalty 6.5 Payment of modified penalty 6.6 Withdrawal of infringement notice 6.7 Service

5114 GOVERNMENT GAZETTE, WA 15 November 2016 Schedule 1—Application for a licence for an approved kennel establishment Schedule 2—Conditions of a licence for an approved kennel establishment Schedule 3—Offences in respect of which modified penalty applies

15 November 2016 GOVERNMENT GAZETTE, WA 5115 DOG ACT 1976 Under the powers conferred by section 49 of the Dog Act 1976, Subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Gnowangerup resolved on 27 July 2016 to make the following local law. PRELIMINARYPART 1— This local law may be cited as the Shire of Gnowangerup Dogs Local Law 2016. The Shire of Gnowangerup Dog Local Law 2007 published in the Government Gazette on 4 December 2007 and as amended on 10 November 2009 is repealed. In this local law unless the context otherwise requires— Act means the Dog Act 1976; authorised person means a person appointed by the local government to perform all or any of the functions conferred on an authorised person under this local law; dangerous dog has the meaning given in the Act; kennel means any structure or land used for the boarding or breeding of dogs; local planning scheme means a local planning scheme made by the local government under the Planning and Development Act 2005 which applies throughout the whole or a part of the district; owner has the meaning given in the Act; person liable for the control of the dog has the meaning given in the Act; pound means a pound established under section 11 of the Act; premises has the meaning given in the Act; public place has the meaning given in the Act; Regulations means the Dog Regulations 2013; Schedule means a schedule to this local law; thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995; and townsite has the meaning given in the Act. IMPOUNDING OF DOGSPART 2— 2.1 Charges and costs The following are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995— (a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding of a dog;

5116 GOVERNMENT GAZETTE, WA 15 November 2016 (b) the additional fee payable under section 29(4) of the Act where a dog is released at a time or on a day other than those determined under clause 2.2; and (c) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act. 2.2 Attendance of authorised person at pound The authorised person is to be in attendance at the pound for the release of dogs at the times and on the days of the week as are determined by the CEO. 2.3 Release of impounded dog (1) A claim for the release of a dog seized and impounded is to be made to the authorised person or in the absence of the authorised person, to the CEO. (2) The authorised person is not to release a dog seized and impounded to any person unless that person has produced, to the satisfaction of the authorised person, satisfactory evidence of her or his ownership of the dog or of her or his authority to take delivery of it. REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGSPART 3— 3.1 Dogs to be confined (1) An occupier of premises within a townsite on which a dog is kept must— (a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of confining the dog; (b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height and construction which having regard to the breed, age, size and physical condition of the dog is capable of preventing the dog at all times from passing over, under or through it; (c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the premises (unless the gate is temporarily opened in a manner that ensures that the dog remains confined) and is fitted with a proper latch or other means of fastening it; (d) maintain the fence and all gates and doors in the fence in good order and condition; and (e) where no part of the premises consists of open space, yard or garden or there is no open space or garden or yard of which the occupier has exclusive use or occupation, ensure that other means exist on the premises (other than the tethering of the dog) for effectively confining the dog within the premises. (2) Where an occupier fails to comply with subclause (1), he or she commits an offence. (3) Notwithstanding subclause (1) and (2), the confinement of dangerous dogs is dealt with in the Act and Regulations. 3.2 Limitation on the number of dogs (1) This clause does not apply to premises which have been— (a) licensed under Part 4 as an approved kennel establishment; or (b) granted an exemption under section 26(3) of the Act. (2) On land within a townsite, or zoned “rural residential” under a local planning scheme, the limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(4) of the Act, 2 dogs over the age of 3 months and the young of those dogs. (3) On land zoned “rural” under a local planning scheme, the limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(4) of the Act, 6 dogs over the age of 3 months and the young of those dogs. APPROVED KENNEL ESTABLISHMENTSPART 4— In this Part and in Schedule 2— licence means a licence to keep an approved kennel establishment on premises; licensee means the holder of a licence; premises, in addition to the meaning given to it in section 3 of the Act, means the premises described in the application for a licence; and transferee means a person who applies for the transfer of a licence to her or him under clause 4.14. 4.2 Application for licence for approved kennel establishment An application for a licence must be made in the form of that in Schedule 1, and must be lodged with the local government together with— (a) plans and specifications of the kennel establishment, including a site plan; (b) copies of the notices to be given under clause 4.3; (c) written evidence that either the applicant or another person who will have the charge of the dogs, will reside on the premises or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare; (d) a written acknowledgement that the applicant has read and agrees to comply with any code of practice relating to the keeping of dogs nominated by the local government;

15 November 2016 GOVERNMENT GAZETTE, WA 5117 (e) the fee for the application for a licence referred to in clause 4.10(1); and (f) such other information as the local government requires. 4.3 Notice of proposed use (1) An applicant for a licence must give notice of the proposed use of the premises as an approved kennel establishment after the application for a licence has been lodged— (a) once in a newspaper circulating in the district; and (b) to the owners and occupiers of any premises adjoining the premises. (2) The notices in subclause (1) must specify that— (a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days of the date the notice is given; and (b) the application and plans and specifications may be inspected at the offices of the local (3) Where— (a) the notices given under subclause (1) do not clearly identify the premises; or (b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in the opinion of the local government, would fail to serve the purpose of notifying persons of the proposed use of the premises, then the local government may refuse to determine the application for a licence until the notices or notice, as the case may be, is given in accordance with its directions. 4.4 Exemption from notice requirements Where an application for a licence is made in respect of premises on which an approved kennel establishment is either a— (a) permitted use; or (b) use which the local government may approve subject to compliance with specified notice requirements, under a local planning scheme, then the requirements of clauses 4.2(b), 4.3 and 4.5(a) do not apply in respect of the application for a licence. 4.5 When application can be determined An application for a licence is not to be determined by the local government until— (a) the applicant has complied with clause 4.2; (b) the applicant submits proof that the notices referred to in clause 4.3(1) have been given in accordance with that clause; and (c) the local government has considered any written submissions received within the time specified in clause 4.3(2)(a) on the proposed use of the premises. 4.6 Determination of application In determining an application for a licence, the local government is to have regard to— (a) the matters referred to in clause 4.7; (b) any written submissions received within the time specified in clause 4.3(2)(a) on the proposed use of the premises; (c) any economic or social benefits which may be derived by any person in the district if the application for a licence is approved; (d) the effect which the kennel establishment may have on the environment or amenity of the neighbourhood; (e) whether the approved kennel establishment will create a nuisance for the owners and occupiers of adjoining premises; and (f) whether or not the imposition of and compliance with appropriate conditions of a licence will mitigate any adverse effects of the approved kennel establishment identified in the preceding paragraphs. 4.7 Where application cannot be approved The local government cannot approve an application for a licence where— (a) an approved kennel establishment cannot be permitted by the local government on the premises under a local planning scheme; or (b) an applicant for a licence or another person who will have the charge of the dogs will not reside on the premises, or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare. 4.8 Conditions of approval (1) The local government may approve an application for a licence subject to the conditions contained in Schedule 2 and to such other conditions as the local government considers appropriate. (2) In respect of a particular application for a licence, the local government may vary any of the conditions contained in Schedule 2.

5118 GOVERNMENT GAZETTE, WA 15 November 2016 4.9 Fees (1) On lodging an application for a licence, the applicant is to pay a fee to the local government. (2) On the issue or renewal of a licence, the licensee is to pay a fee to the local government. (3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the (4) The fees referred to in subclauses (1) to (3) are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. 4.10 Form of licence The licence is to be in the form determined by the local government and is to be issued to the licensee. 4.11 Period of licence (1) The period of effect of a licence is set out in section 27(5) of the Act. (2) A licence is to be renewed if the fee referred to in clause 4.9(2) is paid to the local government prior to the expiry of the licence. (3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have effect. 4.12 Variation or cancellation of licence (1) The local government may vary the conditions of a licence. (2) The local government may cancel a licence— (a) on the request of the licensee; (b) following a breach of the Act, the Regulations or this local law; or (c) if the licensee is not a fit and proper person. (3) The date a licence is cancelled is to be, in the case of— (a) paragraph (a) of subclause (2), the date requested by the licensee; or (b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act. (4) If a licence is cancelled the fee paid for that licence is not refundable for the term of the licence that has not yet expired. 4.13 Transfer of licence (1) An application for the transfer of a valid licence from the licensee to another person must be— (a) made in the form determined by the local government; (b) made by the transferee; (c) made with the written consent of the licensee; and (d) lodged with the local government together with— (i) written evidence that a person will reside at or within reasonably close proximity to the premises the subject of the licence; and (ii) the fee for the application for the transfer of a licence referred to in clause 4.9(3). (2) The local government is not to determine an application for the transfer of a valid licence until the transferee has complied with subclause (1). (3) The local government may approve, whether or not subject to such conditions as it considers appropriate, or refuse to approve an application for the transfer of a valid licence. (4) Where the local government approves an application for the transfer of a valid licence, then on the date of approval, unless otherwise specified in the notice issued under clause 4.14(b), the transferee becomes the licensee of the licence for the purposes of this local law. 4.14 Notification The local government is to give written notice to— (a) an applicant for a licence of the local government’s decision on her or his application; (b) a transferee of the local government’s decision on her or his application for the transfer of a valid licence; (c) a licensee of any variation made under clause 4.12(1); (d) a licensee when her or his licence is due for renewal and the manner in which it may be renewed; (e) a licensee when her or his licence is renewed; (f) a licensee of the cancellation of a licence under clause 4.12(2)(a); and (g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 4.12(2), which notice is to be given in accordance with section 27(6) of the Act. 4.15 Inspection of kennel With the consent of the occupier, an authorised person may inspect an approved kennel establishment at any time.

15 November 2016 GOVERNMENT GAZETTE, WA 5119 MISCELLANEOUSPART 5— 5.1 Offence to excrete (1) A dog must not excrete on— (a) any thoroughfare or other public place; or (b) any land which is not a public place without the consent of the occupier. (2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the control of the dog at that time commits an offence. Penalty: $1,000. (3) The person liable for the control of the dog does not commit an offence against subclause (2) if any excreta is removed immediately by that person. ENFORCEMENTPART 6— In this Part— infringement notice means the notice referred to in clause 6.3; and notice of withdrawal means the notice referred to in clause 6.6(1). 6.2 Modified penalties (1) The offences contained in Schedule 3 are offences in relation to which a modified penalty may be imposed. (2) The amount appearing in the third column of Schedule 3 directly opposite an offence is the modified penalty payable in respect of that offence if— (a) the dog is not a dangerous dog; or (b) the dog is a dangerous dog, but an amount does not appear in the fourth column directly opposite that offence. (3) The amount appearing in the fourth column of Schedule 3 directly opposite an offence is the modified penalty payable in respect of that offence if the dog is a dangerous dog. 6.3 Issue of infringement notice Where an authorised person has reason to believe that a person has committed an offence in respect of which a modified penalty may be imposed, he or she may issue to that person a notice in the form of the forms prescribed by regulation 26 of the Local Government (Functions and General) Regulations 1996. 6.4 Failure to pay modified penalty Where a person who has received an infringement notice fails to pay the modified penalty within the time specified in the notice, or within such further time as may in any particular case be allowed by the CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified penalty. 6.5 Payment of modified penalty A person who has received an infringement notice may, within the time specified in that notice or within such further time as may in any particular case be allowed by the CEO, send or deliver to the local government the amount of the penalty, with or without a reply as to the circumstances giving rise to the offence, and the local government may appropriate that amount in satisfaction of the penalty and issue an acknowledgment. 6.6 Withdrawal of infringement notice (1) Whether or not the modified penalty has been paid, an authorised person may withdraw an infringement notice by sending a notice in the form of the forms prescribed by regulation 27 of the Local Government (Functions and General) Regulations 1996. (2) A person authorised to issue an infringement notice under clause 6.3 cannot sign or send a notice of withdrawal. 6.7 Service An infringement notice or a notice of withdrawal may be served on a person personally, or by leaving it at or posting it to her or his address as ascertained from her or him, or as recorded by the local government under the Act, or as ascertained from inquiries made by the local government. ———— SCHEDULE 1—APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT [Clause 4.2] I/we (full name) ............................................................................................................................................. of (postal address) ......................................................................................................................................... Telephone number ........................................................................................................................................ Facsimile number .........................................................................................................................................

5120 GOVERNMENT GAZETTE, WA 15 November 2016 E-mail address ............................................................................................................................................. Apply for a licence for an approved kennel establishment at (address of premises) ................................ ......................................................................................... for (number and breed of dogs) ..........................

• (insert name of person) .............................................................................................................................. will be residing at the premises on and from (insert date) .......................................................................
• (insert name of person) .............................................................................................................................. will be residing (sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare) at (insert address of residence) .................................................................................... on and from (insert date) .............................................................. Attached are— (a) a site plan of the premises showing the location of the kennels and yards and all other buildings and structures and fences; (b) plans and specifications of the kennel establishment; (c) copy of notice of proposed use to appear in newspaper; (d) copy of notice of proposed use to be given to adjoining premises; (e) written evidence that a person will reside— (i) at the premises; or (ii) sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare; and (f) if the person in item (e) is not the applicant, written evidence that the person is a person in charge of the dogs. I confirm that I have read and agree to comply with the Code of Practice known as................................ ................................................................. in the keeping of dogs at the proposed kennel establishment. Signature of applicant ............................................................................. Date .........................................
• delete where not applicable Note: A licence if issued will have effect for a period of 12 months—section 27(5) of the Dog Act 1976. OFFICE USE ONLY Application fee paid (insert date) ......................................................................... ————

SCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT [Clause 4.8(1)] An application for a licence for an approved kennel establishment may be approved subject to the following conditions— (a) each kennel, unless it is fully enclosed, must have a yard attached to it; (b) each kennel and each yard must be at a distance of not less than— (i) 25 metres from the front boundary of the premises and 5 metres from any other boundary of the premises; (ii) 10 metres from any dwelling; and (iii) 25 metres from any church, school room, hall, factory, dairy or premises where food is manufactured, prepared, packed or stored for human consumption; (c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or netting or other materials approved by the local government to a height of no less than 2 metres; (d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the breed of dog (when it is fully grown), squared, times the number of dogs to be housed in the kennel and the length of the dog is to be determined by measuring from the base of the tail to the front of its shoulder; (e) the floor area of the yard attached to any kennel or group of kennels must be at least twice the floor area of the kennel or group of kennels to which it is attached; (f) the upper surface of the kennel floor must be— (i) at least 100 millimetres above the surface of the surrounding ground; (ii) smooth so as to facilitate cleaning; (iii) rigid; (iv) durable; (v) slip resistant; (vi) resistant to corrosion; (vii) non-toxic; (viii) impervious;

15 November 2016 GOVERNMENT GAZETTE, WA 5121 (ix) free from cracks, crevices and other defects; and (x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in turn must lead to a suitably sized diameter sewerage pipe which must be properly laid, ventilated and trapped in accordance with the health requirements of the local (g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to approved apparatus for the treatment of sewage in accordance with the health requirements of the local government; (h) the kennel floor must have a durable upstand rising 75 millimetres above the floor level from the junction of the floor and external and internal walls, or internal walls must be so constructed as to have a minimum clearance of 50 millimetres from the underside of the bottom plate to the floor; (i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of any kennel; (j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of— (i) 2 metres; or (ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured from the floor to the uppermost tip of its shoulders while in a stationary upright position; (k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted internally and externally with good quality new zincalume or new pre-finished colour coated steel sheeting or new fibrous cement sheeting or other durable material approved by the local (l) all external surfaces of each kennel must be kept in good condition; (m) the roof of each kennel must be constructed of impervious material; (n) all kennels and yards and drinking vessels must be maintained in a clean condition and must be cleaned and disinfected when so ordered by an authorised person; (o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for the treatment of sewage; (p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled; (q) suitable water must be available at the kennel via a properly supported standpipe and tap; and (r) the licensee or the person nominated in the application for a licence, must, in accordance with the application for the licence, continue to reside— (i) at the premises; or (ii) in the opinion of the local government, sufficiently close to the premises so as to control the dogs, and to ensure their health and welfare. ————

SCHEDULE 3—OFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES [Clause 6.2] Offence Nature of Offence Modified Dangerous Dog Modified 3.1 Failing to provide means for effectively confining a dog $200 $400 5.1(2) Dog excreting in prohibited place $100 ————

15 November 2016 GOVERNMENT GAZETTE, WA 5123 PART 2—SANITATION Division 1—Sanitary conveniences 2.2 Dwelling house 2.3 Premises other than a dwelling house 2.4 Outdoor festivals 2.5 Temporary works 2.6 Maintenance of sanitary conveniences and fittings 2.7 Toilets 2.8 Ventilation of toilet 2.9 Public sanitary conveniences 2.10 Lighting 2.11 Installation Division 2—Bathroom, laundries and kitchens 2.12 Bathrooms 2.13 Laundries 2.14 Washing or keeping of clothes in kitchens 2.15 Kitchens PART 3—HOUSING AND GENERAL Division 1—Maintenance of houses 3.1 Dwelling house maintenance Division 2—Ventilation of houses 3.2 Exemption for short term hostels and recreational campsites 3.3 Overcrowding 3.4 Calculate sufficient space 3.5 Ventilation 3.6 Subfloor ventilation Division 3—Water supply 3.7 Water supply 3.8 Rain water tanks 3.9 Wells 3.10 Pollution Division 4—Second-hand furniture, bedding and clothing 3.11 Prohibition on sale 3.12 Prohibition of possession

5124 GOVERNMENT GAZETTE, WA 15 November 2016 Division 5—Morgues 3.13 Licensing of morgues PART 4—WASTE FOOD AND LIQUID REFUSE Division 1—Liquid refuse 4.2 Deposit of liquid refuse 4.3 Disposal of liquid waste 4.4 Approval for septic tank pump outs and removal of liquid waste Division 2—Transport of butchers’ waste 4.5 Interpretation 4.6 Restriction of vehicles 4.7 Transport of butchers waste PART 5—NUISANCES AND GENERAL Division 1—Nuisances 5.1 Interpretation 5.2 Footpaths etc, to be kept clean 5.3 Public vehicles to be kept clean 5.4 Transportation, use and storage of offal or blood 5.5 Use or storage of fertiliser 5.6 Storage and dispatch of artificial fertiliser 5.7 Storage of fertiliser in a house Division 2—Keeping of animals 5.8 Slaughter of animals 5.9 Disposal of dead animals Division 3—Feedlots 5.10 Interpretation 5.11 Premises to be approved 5.12 Site conditions Division 4—Piggeries 5.13 Interpretation 5.14 Piggeries to be approved 5.15 Site conditions 5.16 Prevention of nuisances PART 6—PEST CONTROL Division 1—Flies 6.2 Fly breeding matter not to be left on premises unless covered or treated 6.3 Measures to be taken by an occupier 6.4 EHO may give notice directing measures to be taken 6.5 Local government may execute work and recover costs Division 2—Mosquitoes 6.6 Interpretation 6.7 Measures to be taken to prevent mosquitoes breeding 6.8 Local government may execute work and recover costs Division 3—Rodents 6.9 Interpretation 6.10 Measures to be taken to eradicate rodents 6.11 Food and wastes to be kept in rodent proof receptacles 6.12 Restrictions on keeping of rodents Division 4—Cockroaches 6.13 Interpretation 6.14 Measures to be taken to eradicate cockroaches Division 5—Argentine Ants 6.15 Interpretation 6.16 Measures to be taken to keep premises free from Argentine Ants

15 November 2016 GOVERNMENT GAZETTE, WA 5125 Division 6—European Wasps 6.17 Interpretation 6.18 Measures to be taken to keep premises free from European Wasp nests Division 7—Arthropod vectors of disease 6.19 Interpretation 6.20 Responsibility of the owner or occupier PART 7—INFECTIOUS DISEASES Division 1—General provisions 7.1 Requirements on owner or occupier to clean, disinfect and disinfest 7.2 EHO may disinfect or disinfest premises 7.3 Insanitary houses, premises and things 7.4 Persons in contact with an infectious disease sufferer 7.5 Declaration of infected house or premises 7.6 Destruction of infected animals 7.7 Disposal of a body 7.8 Local government may carry out work and recover costs Division 2—Disposal of used condoms and needles 7.9 Disposal of used condoms 7.10 Disposal of used needles PART 8—LODGING HOUSES Division 1—Registration 8.1 Interpretation 8.2 Lodging house not to be kept unless registered 8.3 Application for registration 8.4 Approval of application 8.5 Renewal of registration 8.6 Notification upon sale or transfer 8.7 Revocation of registration Division 2—Construction and use requirements 8.8 General construction requirements 8.9 Sanitary conveniences 8.10 Laundry 8.11 Kitchen 8.12 Dining room 8.13 Lounge room 8.14 Fire prevention and control 8.15 Obstruction of passages and stairways 8.16 Fitting of locks 8.17 Restriction on use of rooms for sleeping 8.18 Sleeping accommodation—short term hostels and recreational campsites 8.19 Furnishing of rooms 8.20 Ventilation 8.21 Numbers to be placed on doors Division 3—Management and care 8.22 Keeper or lodging house manager to reside in the lodging house 8.23 Register of lodgers 8.24 Keeper report 8.25 Certificate in respect of sleeping accommodation 8.26 Duplicate keys and inspection 8.27 Room occupancy 8.28 Maintenance of a room by a lodger or resident 8.29 Cleaning and maintenance requirements 8.30 Responsibilities of lodgers and residents 8.31 Approval for storage of food

PART 9—OFFENSIVE TRADES 9.1 Interpretation 9.2 Consent to establish an offensive trade 9.3 False statement 9.4 Registration of premises 9.5 Certificate of registration 9.6 Change of occupier 9.7 Alterations to premises

5126 GOVERNMENT GAZETTE, WA 15 November 2016 Division 2—General duties of an occupier 9.8 Interpretation 9.9 Cleanliness 9.10 Rats and other vectors of disease 9.11 Sanitary conveniences and hand wash basins 9.12 Painting of walls etc 9.13 Effluvia, vapours, gases or dust 9.14 Offensive material 9.15 Storage of materials 9.16 Specified offensive trades 9.17 Directions 9.18 Other duties of occupier Division 3—Fish premises 9.19 Interpretation 9.20 Duties of an occupier 9.21 Disposal of waste 9.22 Fish containers Division 4—Laundries, dry cleaning establishments and dye works 9.23 Interpretation 9.24 Receiving depot 9.25 Reception room 9.26 Walls and floors 9.27 Laundry floor 9.28 Escape of dust 9.29 Precautions against combustion 9.30 Trolleys 9.31 Sleeping on premises

PART 10—OFFENCES AND PENALTIES 10.1 Offences and penalties

15 November 2016 GOVERNMENT GAZETTE, WA 5127 Under the powers conferred by section 342 of the Health Act 1911, subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Gnowangerup resolved on 27 July 2016 to make the following local law. This local law may be cited as the Shire of Gnowangerup Health Local Law 2016. This local law comes into operation on the date of its publication in the Government Gazette. The Shire of Gnowangerup Health Local Laws 2002 published in the Government Gazette on

27 September 2002 is repealed. (1) In this local law, unless the context otherwise requires— Act means the Health Act 1911; adequate supply of water means a flow of water of not less than 0.076 litres per second; approved means approved by the local government; AS or AS/NZS means an Australian Standard or Australian/New Zealand Standard published by Standards Association of Australia; AS 1530.2—1993 means the standard published by Standards Australia as AS 1530.2—1993 and called “Methods for fire tests on building materials, components and structures—Part 2: Test for flammability of materials”, as amended from time to time; AS/NZS 1530.3:1999 means the standard published by Standards Australia as AS/NZS 1530.3:1999 and called “Methods for fire tests on building materials, components and structures—Part 3: Simultaneous determination of ignitability, flame propagation, heat release and smoke release”, as amended from time to time; AS 1668.2—2012 means the standard published by Standards Australia as AS 1668.2—2012 and called “The use of ventilation and air-conditioning in buildings—Part 2: Ventilation design for indoor-air contaminant control (excluding requirements for the health aspects of tobacco smoke exposure)”, as amended from time to time; AS 2001.5.4—2005 means the standard published by Standards Australia as AS 2001.5.4—2005 and called “Methods of test for textiles—Method 5.4: Dimensional change—Domestic washing and drying procedures for textile testing (ISO 6330:2000, MOD)”, as amended from time to time; AS/NZS 3666.2:2011 means the standard published by Standards Australia as AS/NZS 3666.2:2011 and called “Air-handling and water systems of buildings—Microbial control— Operation and maintenance”, as amended from time to time ; Building Code means the latest edition of the Building Code of Australia published from time to time by, or on behalf of, the Australian Building Codes Board as amended from time to time, but not including explanatory information published with that Code;

5128 GOVERNMENT GAZETTE, WA 15 November 2016 dwelling house means a place of residence containing at least one sleeping room and includes a room or outbuilding separate from, but ancillary to, the building in which the sleeping room is located; EHO means an Environmental Health Officer appointed by the local government under the Act and includes any acting or Assistant Environmental Health Officer; Energy Safety WA means the EnergySafety division of the Department of Commerce; habitable room means a room used for normal domestic activities, and— (a) includes a bedroom, living room, lounge room, music room, television room, kitchen, dining room, sewing room, study, play-room, family room and sun-room or the like; but (b) excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, lobby, photographic dark room, clothes-drying room, and other spaces of a specialised nature occupied neither frequently nor for extended periods; hot water means water at a temperature of at least 65 degrees Celsius; local planning scheme has the meaning given to it by the Planning and Development Act 2005; medical officer means the medical officer appointed by the local government under the Act and includes an acting medical officer so appointed; nuisance has the meaning given in Section 182 of the Health Act 1911; offensive matter means and includes dust, mud, ashes, rubbish, filth, blood, offal, manure, soil or any other material which is offensive and which is placed or found in or about any house, stable, cowhouse, pigsty, lane, yard, street or place whatsoever; public place includes every place to which the public ordinarily have access, whether by payment of a fee or not; sanitary convenience includes urinals, water-closets, earth-closets, privies, sinks, baths, wash troughs, apparatus for the treatment of sewage, ash-pits, ash-tubs, or other receptacle for the deposit of ashes, faecal matter or refuse and all similar conveniences; sewage means any kind of sewage, nightsoil, faecal matter or urine, and any waste composed wholly or in part of liquid; sewer includes sewers and drains of every description, except drains to which the word “drain” as defined in the Act applies, including water channels constructed of stone, brick, concrete, or any other material, including the property of the local government; street includes any highway, and any public bridge, and any road, lane, footway, square, court, alley or passage, whether a thoroughfare or not; toilet means a water closet, earth closet, privy or urinal and includes a room or cubicle in which one or more of these is located; townsite means all townsites within the district which are— (a) constituted under section 26(2) of the Land Administration Act 1997; or (b) referred to in clause 37 of Schedule 9.3 of the Local Government Act 1995; crab lice, body lice and head lice; water means drinking water within the meaning of the Australian Drinking Water Guidelines 2011 as published by the National Health and Medical Research Council and as amended from time to time; and window means a glass panel, roof light, glass brick, glass louvre, glazed sash, glazed door or other device which transmits natural light directly from outside a building to the room concerned when in the closed position. (2) Where in this local law, a duty or liability is imposed on an owner or occupier, the duty or liability shall be taken to be imposed jointly and severally on each of the owner or occupier. (3) Where under this local law, an act is required to be done or forbidden to be done in relation to any premises, the owner or occupier of those premises has, unless the contrary intention appears, the duty of causing to be done the act so required to be done, or of preventing from being done the act so forbidden to be done, as the case may be. PART 2—SANITATION Division 1—Sanitary conveniences festival includes a fair, function or event; organiser means a person— (a) to whom approval has been granted by the local government to conduct the festival; or (b) responsible for the conduct of the festival; public sanitary convenience means a sanitary convenience to which the public ordinarily has access, whether by payment of a fee or not;

15 November 2016 GOVERNMENT GAZETTE, WA 5129 temporary sanitary convenience means a sanitary convenience, temporarily placed for use by— (a) patrons in conjunction with a festival; or (b) employees at construction sites or the like; and urinal may be— (i) an individual stall or wall-hung urinal; or (ii) each 600mm length of a continuous urinal trough; or (iii) a closet pan used in place of a urinal 2.2 Dwelling house (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless it has at least one toilet. (2) A room in which a toilet is located must have adequate lighting. 2.3 Premises other than a dwelling house (1) The owner of premises other than a dwelling house shall not use or occupy, or permit to be used or occupied, the premises unless— (a) the premises have toilets in accordance with the Building Code and this Part, including disabled facilities; (b) the toilets required by this clause are situated within a reasonable distance of the premises and are easily accessible to the persons for whom they are provided; and (c) the premises have hand wash basins that are— (i) in accordance with the Building Code; (ii) for the use of persons employed or engaged on the premises; (iii) provided with an adequate supply of water supplied by taps located over each hand wash basin; (iv) separate from any trough, sink or hand wash basin used in connection with any process carried out on the premises; and (v) situated within a reasonable distance of the sanitary conveniences and easily accessible to the person for whom they are provided. (2) The occupier of premises other than a dwelling house shall ensure that— (a) clean toilet paper is available at all times in each cubicle; (b) a sanitary napkin disposal facility is provided in each toilet set aside for the use of females; and (c) each hand wash basin is provided with— (i) an adequate supply of soap or other hand cleaning substances; and (ii) hand drying facilities, situated adjacent to, and visible from, the hand wash basin. (3) Where more than one toilet is provided on premises other than a dwelling house, the entrance to each toilet shall bear a suitable sign indicating for which sex its use is intended. 2.4 Outdoor festivals (1) The organiser of an outdoor event must provide sanitary conveniences in accordance with the recommendations contained within the Department of Health’s Guidelines for concerts, events and organised gatherings; and (2) Where, under subclause (1), the number of a particular sanitary convenience to be provided is not a whole number, that number shall be rounded up to the next higher whole number. 2.5 Temporary works A person who undertakes temporary work at any place shall ensure every temporary sanitary convenience is installed and maintained in accordance with the requirements of the Health (Temporary Sanitary Conveniences) Regulations 1997. 2.6 Maintenance of sanitary conveniences and fittings (1) The occupier of any premises shall— (a) keep clean, in good condition and repair; and (b) whenever required by an EHO, effectively disinfect and clean, all sanitary conveniences including sanitary fittings, in or on the premises. (2) The owner of any of premises shall— (a) keep or cause to be kept in good repair; and (b) maintain an adequate supply of water to, all sanitary conveniences, including sanitary fittings in or on the premises. 2.7 Toilets (1) Toilets on a premises shall be maintained in accordance with the following requirements— (a) the door to a toilet, other than an internal door, shall be properly screened to a continuous height of 1.8 metres from the floor; and (b) a toilet or its entrance, which is visible from overlooking windows, shall be properly screened.

5130 GOVERNMENT GAZETTE, WA 15 November 2016 (2) Toilets on premises other than a dwelling house shall be maintained in accordance with the following additional requirements— (a) a toilet for the exclusive use of males shall not adjoin any toilet for the exclusive use of females unless the toilets are separated by a wall extending from the floor to the ceiling and of sufficient density to have a sound transmission class of not less than 50 as required by AS/NZS ISO 717.1 :2004; and (b) where more than one toilet is provided on the premises, the entrance to each toilet shall bear a suitable sign indicating for which sex its use is intended. 2.8 Ventilation of toilet A toilet in any premises shall be ventilated in accordance with the Sewerage (Lighting, Ventilation and Construction) Regulations 1971 and the Building Code. 2.9 Public sanitary conveniences (1) A person shall not— (a) foul; (b) damage or vandalise; or (c) write on or otherwise deface, a public sanitary convenience or sanitary fixtures or fittings or the premises in or on which the sanitary convenience is located. (2) A person shall not live or sleep in or on the premises in which a public sanitary convenience is located or use it for a purpose other than that for which it was intended. 2.10 Lighting The owner and occupier of premises in which a sanitary convenience or a public sanitary convenience is located shall provide and maintain adequate electric lighting for persons using the convenience. 2.11 Installation Every sanitary convenience shall be installed in accordance with the requirements of the Country Areas Water Supply Act 1947 and the Water Services Act 2012 and shall have an adequate supply of water. Division 2—Bathroom, laundries and kitchens 2.12 Bathrooms (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a bathroom that— (a) is adequately lined with an impervious material and has an adequate ceiling; (b) complies with the Health Act (Laundries and Bathrooms) Regulations; and (c) is equipped with— (i) a hand wash basin; and (ii) either a shower in a shower recess or a bath. (2) All baths, showers, hand wash basins and similar fittings shall be provided with an adequate supply of hot and cold water. 2.13 Laundries (1) A laundry must conform to the provisions of the Building Code. (2) Where, in any building, a laundry is situated adjacent to a kitchen or a room where food is stored or consumed, the laundry shall be separated from the kitchen or room where food is stored or consumed by a wall extending from the floor to the roof or ceiling. (3) Where there is an opening in a wall between a laundry and a kitchen or room where food is stored or consumed, the opening shall— (a) not be more than 1220 millimetres wide; and (b) have a door which when closed shall completely fill the opening. 2.14 Washing or keeping of clothes in kitchens A person shall not, in any kitchen or other place where food is kept— (a) wash or permit to be washed any clothing or bedding; or (b) keep or permit to be kept any soiled clothing or bedding. 2.15 Kitchens (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a kitchen equipped with— (a) a cooking facility which is adequate in the opinion of an EHO; and (b) a sink which shall— (i) be at least 380 millimetres long, 300 millimetres wide and 150 millimetres deep; and (ii) have an adequate supply of hot and cold water. (2) The occupier of a dwelling house shall ensure that the cooking facility and sink are kept clean, in good order and repair and fit for use.

15 November 2016 GOVERNMENT GAZETTE, WA 5131 (3) A cooking facility shall—— (a) be installed in accordance with the requirements of Energy Safety WA and the manufacturer’s written specifications of the product; and (b) not be installed or used in any room other than a kitchen. (4) Mechanical ventilation is to be provided in a kitchen and the exhaust air shall be— (a) carried to the outside air as directly as practicable unless adequately filtered for recirculation; and (b) boxed throughout. (5) In this clause, a cooking facility includes a stove, oven, facility or appliance used for or in connection with the cooking of food. PART 3—HOUSING AND GENERAL Division 1—Maintenance of houses 3.1 Dwelling house maintenance The owner or occupier of a dwelling house shall maintain the dwelling house and any adjacent buildings in sound condition and fit for use and, in particular, shall— (a) maintain all roofs, guttering and downpipes in sound weatherproof condition; (b) maintain any footings, foundations and walls, either external or internal, in a sound condition; (c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material in any verandah, roof, walls, steps, handrails, floors or their supports with material of sound quality; (d) comply with the directions of an EHO to treat the premises for the purpose of controlling any termites; (e) maintain any brick, stone, mortar or cement work in a sound condition; (f) maintain, repair or replace any flashings or ant caps which are missing or defective; (g) maintain all ventilators in good order and repair; (h) maintain all floors even and level in surface and free from cracks and gaps; (i) maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and fittings complete and with smooth unbroken surfaces; (j) maintain all doors and windows in good working order and weatherproof condition; (k) retain all natural lighting free from any obstruction which would reduce the natural lighting, below the ratio of 10 per cent of the floor area; (l) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewage so that they comply in all respects with the provisions of the Water Services Act 2012 and any other legal requirements to which they are subject; and (m) maintain all electric wiring, gas services and fittings to comply in all respects with the requirements of all relevant public authorities. Division 2—Ventilation of houses 3.2 Exemption for short term hostels and recreational campsites This Division shall not apply to short term hostels and recreational campsites referred to in Part 8. 3.3 Overcrowding The owner or occupier of a house shall not permit— (a) a room in the house that is not a habitable room to be used for sleeping purposes; (b) a habitable room in the house to be used for sleeping purposes unless— (i) for every person over the age of 10 years using the room there is at least 14 cubic metres of air space per person; and (ii) for every person up to, and including the age of 10 years, there is at least 8 cubic metres of air space per person; or (c) any garage or shed to be used for sleeping purposes. 3.4 Calculate sufficient space For the purpose of clause 3.3, in calculating the space required for each person— (a) each room is to be considered separately and sufficient space is to be allowed in each room for the number of persons present in the room at any one time; and (b) a deduction is to be made for the space occupied by furniture, fittings and projections of the walls into a room. 3.5 Ventilation (1) A person shall not use or occupy, or permit to be used or occupied, a house unless the house is properly ventilated.

5132 GOVERNMENT GAZETTE, WA 15 November 2016 (2) For the purpose of subclause (1) a house shall be deemed to be properly ventilated if it complies with the Building Code, including the provision of— (a) natural ventilation; or (b) a mechanical ventilation or air-conditioning system complying with AS 1668.2—2012. (3) The owner of a house provided with a mechanical ventilation or air-conditioning system shall ensure that the system is— (a) maintained in good working condition and in accordance with AS/NZS 3666.2:2011; and (b) in use at all times the building is occupied, if it is a building without approved natural ventilation. (4) If, in the opinion of an EHO, a house is not properly ventilated, the local government may, by notice, require the owner of the house to— (a) provide a different, or additional method of ventilation; or (b) cease using the house until it is properly ventilated. 3.6 Subfloor ventilation The owner or occupier of a house shall make provision for subfloor ventilation by ensuring that air bricks and other openings are kept clear of refuse, vegetation, building materials, dirt and the like. Division 3—Water supply 3.7 Water supply (1) The owner of a dwelling house shall ensure that it is connected with a separate and independent water supply from the mains of a licensed water service operator or a water supply to the satisfaction of the local government. (2) The water supply shall at all times be capable of delivering an adequate supply of water to each tap in the house. (3) The water supply to toilets or for garden use may be from a source other than drinking water. 3.8 Rain water tanks (1) The owner or occupier of a dwelling house for which part of the water supply is drawn from a rain water tank shall— (a) maintain in a clean condition— (i) the roof, guttering and downpipes forming the catchment for the tank; and (ii) the guttering and downpipes appurtenant to the roof; (b) ensure that each rain water tank is fitted with a tight-fitting mosquito proof cover which shall not be removed at any time except for the purpose of cleaning, repairing or maintaining the tank; and (c) thoroughly clean and disinfect such tank, at least once in each year, or whenever directed by an EHO to do so. (2) The owner or occupier of a house for which its entire water supply is drawn from a rain water tank shall ensure that the storage capacity of the tank is not less than 90 000 litres. (3) The owner or occupier of any non-residential premises on which rainwater and/or borewater is used for human consumption shall— (a) once every calendar month, have the bacterial quality of each individual water source tested in accordance with the Australian Drinking Water Guidelines 2011, published by the National Health and Medical Research Council; (b) disinfect the water supply prior to entry into the premises and monitor and record the level of disinfection and pH of the water on a daily basis; (c) where chlorine is used as the method of disinfection, ensure a free residual chlorine level of between 0.2 milligrams per litre and 0.5 milligrams per litre in the water received from any outlet used for drinking purposes; and (d) ensure the pH of the water received from any outlet used for drinking purposes is maintained between 7.2 and 7.8. 3.9 Wells The owner or occupier of any premises must not use, or permit for human consumption, the use of the water of any bore or well unless the bore or well is— (a) at least 30 metres from any soak well or other possible source of pollution unless otherwise approved by the Executive Director, Public Health; and (b) covered with a tight-fitting cover without openings of any sort other than those essential for the insertion of a pump. 3.10 Pollution A person must not deposit on or under any land, any sewage, offensive matter or any other thing, which may pollute or render unfit for human consumption, water from a well or other underground source.

15 November 2016 GOVERNMENT GAZETTE, WA 5133 Division 4—Second-hand furniture, bedding and clothing 3.11 Prohibition on sale A person shall not offer for sale or sell any second-hand furniture, bedding or clothing which is filthy or infested with vectors of disease. 3.12 Prohibition of possession A dealer in second-hand furniture, bedding or clothing shall not have on any premises used for the operation of the business, any second-hand furniture, bedding or clothing which is filthy or infested with vectors of disease. Division 5—Morgues 3.13 Licensing of morgues (1) All morgues, other than those of any public hospital or any local government morgues or police morgue, shall be licensed annually in accordance with the requirements of this Division. (2) The annual fee for a licence for a place for the temporary reception and keeping of the bodies of the dead awaiting burial or cremation shall be the fee as fixed from time to time by the local government under section 344C of the Act. (3) An application for a morgue licence shall be in the form approved by the local government from time to time. (4) A licence shall— (a) be in the form as determined by the local government from time to time; and (b) expire on 30 June after the date of its issue. (5) A licence shall not be granted in respect of any premises unless— (a) provision has been made for the keeping of the bodies of the dead at a temperature not exceeding zero degrees Celsius; (b) the walls are constructed of stone or brickwork or other approved material; (c) the interior surface of all walls is covered with glazed tiles or is rendered impervious so as to be non-absorbent and washable; (d) all floors are constructed of impervious material, having a fall to an outlet discharging over a trapped gully; and (e) the premises are adequately ventilated by direct communication with the outside air. PART 4—WASTE FOOD AND LIQUID REFUSE Division 1—Liquid refuse approved carrier means a carrier licensed under the Environmental Protection (Controlled Waste) Regulations 2004; liquid refuse includes all washings from windows and vehicles, overflow, bleed off, condensate and drainage from air-conditioning equipment including cooling towers and evaporative coolers and other liquid used for cooling purposes and swimming pool discharges; and liquid waste means bathroom, kitchen, scullery and laundry wastes, all washings from animal and poultry pens and any other domestic or trade wastes that are discharged by means of a drain to a receptacle for drainage. 4.2 Deposit of liquid refuse (1) A person shall not deposit, or cause, or permit to be deposited, liquid refuse or liquid waste— (a) on a street; (b) in a stormwater disposal system; or (c) on any land or place other than a place or depot duly authorised for that purpose. (2) Subclause (1) shall not prevent the discharge of swimming pool backwash or stormwater from land into a local government approved stormwater drain or road. 4.3 Disposal of liquid waste (1) The owner or occupier of premises shall— (a) provide, by one of the methods prescribed in this clause, for the disposal of all liquid waste produced on the premises; and (b) at all times maintain in good working order and condition any apparatus used for the disposal of liquid waste. (2) Liquid waste shall be disposed of by one of the following methods— (a) discharging it into the sewerage system of a licensed water service operator in a manner approved by the licensed water service operator; (b) discharging it into an apparatus for the treatment of sewage and disposal of effluent and liquid waste approved by the Executive Director, Public Health or the local government; or