1742GOVERNMENT GAZETTE, WA 22 March 2017

1742 GOVERNMENT GAZETTE, WA 22 March 2017 5.4.3 Conditions for keeping poultry in limited numbers A person who keeps poultry or permits poultry to be kept shall ensure that— (a) no poultry is able to approach within 9 metres of a dwelling house, public building or premises where people are employed or where food is stored, prepared, manufactured or sold; (b) all poultry is kept in a properly constructed and securely fastened structure or enclosure; (c) the structure is in a yard having an otherwise unobstructed area of at least 30 square metres; (d) no poultry are able to approach within 9 metres of a street other than a right of way unless, in the case of land at the junction of two or more streets, the local government has approved a lesser distance; (e) no poultry is able to approach within 1.2 metres of any side or rear boundary of the premises; and (f) all enclosures or cages within which poultry are kept shall be maintained at all times in a clean condition and shall be disinfected or otherwise dealt with in a way as directed by an EHO. 5.4.4 Roosters, geese, turkeys, peafowls and game birds (1) An occupier of premises within a townsite, shall not without the written approval of the local government, keep or permit to be kept on those premises, any of the following fowl— (a) a rooster; (b) a goose or gander; (c) a turkey; (d) a peacock or peahen; (e) a game bird (includes emus and ostriches). (2) The local government may upon written application, grant approval with or without conditions to the owner or occupier of premises to keep any one or more birds as specified in subclause (1). (3) A person who has been granted approval under this clause to keep a bird may keep the bird on the premises only while he is the occupier thereof. (4) The local government may revoke an approval granted under this clause if it is of the opinion that the keeping of the birds specified in the approval is causing a nuisance or is injurious, offensive or dangerous to health. 5.4.5 Pigeons or doves A person who keeps, or permits to be kept, pigeons or doves shall ensure that— (a) none is able to approach within 9 metres of a dwelling, public building or premises where people are employed or where food is stored, prepared, manufactured or sold; and (b) except where registered homing pigeons are freed for exercise, the pigeons or doves are kept in a properly constructed pigeon loft or dove cote that— (i) is in a yard having an otherwise unobstructed area of at least 30 square metres; and (ii) does not allow them to approach within 1.2 metres of any side or rear boundary of the premises; and (iii) is maintained in such a manner so as not to create a nuisance by the emission of dust, effluvia or odours. 5.4.6 Removal of non-conforming structure or enclosure (1) If a structure or enclosure is used for the keeping of poultry or pigeons or doves contrary to the provisions of clauses 5.4.3 and 5.4.5, the local government may direct the owner or occupier to remove it. (2) An owner or occupier shall comply with a direction from the local government made under this clause. 5.4.7 Restrictions on pigeon nesting or perching (1) A local government may order an owner or occupier of a house in or on which pigeons are, or are in the habit of, nesting or perching to take adequate steps to prevent them continuing to do so. (2) An owner or occupier shall comply with a local government order made under this clause. Division 5—Feedlots 5.5.1 Interpretation For the purpose of this Division— feedlot means a confined area with watering and feeding facilities where animals or birds are held and fed for the purpose of weight gain; animal includes sheep, lambs, goats, deer, cattle and buffalo; birds include roosters, hens, geese, turkeys, ducks, poultry, emus and ostriches. 5.5.2 Premises to be approved (1) No premises shall be used as a feedlot unless approved by the local government and registered by the Department of Environment Regulation.