2750GOVERNMENT GAZETTE, WA 31 July 2018

2750 GOVERNMENT GAZETTE, WA 31 July 2018 4.3.3 Burning of rubbish or refuse (1) A person shall not set fire to rubbish, either in any incinerator or on the ground except in accordance with the conditions of the local government. (2) Subject to subclause (3), the burning of rubbish is subject to the following conditions— (a) the material to be burnt— (i) does not include any plastic, rubber, food scraps, green garden cuttings and other material which may become offensive when burnt; and (ii) is of such quantity, or of such a nature, as to be unsuitable for removal by the local government refuse collection service; and (b) there is no other appropriate means of disposal; and (c) burning shall not take place— (i) during any period for which an air dispersion alert has been issued by the Bureau of Meteorology; or (ii) where there is no current air dispersion alert, outside the hours of 10.00am to 6.00pm; and (d) burning shall only be undertaken using an incinerator that is designed to burn efficiently in order to minimise smoke emissions and which incorporates a spark arresting device and which is located— (i) at least 3 metres from a fence, building or inflammable matter; and (ii) in such a position so as not to create a nuisance or be offensive to other persons. (3) Subject to any requirements of a Fire Break Notice issued by the local government and any directions issued by the Department of Fire and Emergency Services, the local government may grant a permit to clear by burning fire breaks or vacant blocks of grass, straw, hay, undergrowth, herbage and other similar vegetation. PART 5—NUISANCES AND GENERAL Division 1—Nuisances 5.1.1 Interpretation In this division, unless the context otherwise requires fertiliser includes manure. 5.1.2 Footpaths etc. to be kept clean An owner or occupier of premises shall take reasonable steps to keep in a clean and tidy condition any footpath, pavement area or right of way immediately adjacent to their premises which has been made unclean or untidy by any action of the owner or occupier or as a result of overhanging or overgrown vegetation. 5.1.3 Escape of smoke etc. An owner or occupier of premises shall take reasonable measures to prevent the escape of smoke, dust, fumes, offensive or foul odours, liquid waste or liquid refuse from the premises in such quantity or of such a nature as to cause or to be a nuisance. 5.1.4 Public vehicles to be kept clean The owner or person in control of a public vehicle shall take reasonable measures to maintain the vehicle at all times— (a) in a clean condition; (b) free from vectors of disease; and (c) whenever directed to do so by an Authorised Officer, thoroughly clean and disinfect the vehicle. 5.1.5 Prohibition against spitting A person shall not spit on a footpath, street or within or on, any public place, building or facility accessible to the public which is within the local government’s jurisdiction. 5.1.6 Transportation, use and storage of offal or blood (1) A person shall not transport or store offal or blood, for the purpose of being used as manure, unless it has been sterilised by steam and properly dried or by some other effective method approved by an (2) No person shall remove any offensive matter unless such offensive matter is carried in watertight barrels or tanks securely covered to prevent the escape of any of the contents thereof, or the emission of any offensive odours therefrom. (3) Every person using any sealed containers or vehicle in the removal of any offensive matter shall keep such container or vehicle in a thoroughly clean condition and in good repair. 5.1.7 Use or storage of fertiliser An owner or occupier of premises shall not use or keep for the purpose of use, as fertiliser any— (a) pig manure within 200 metres of townsite boundaries, or within townsites, unless it has been effectively treated to the satisfaction of an Authorised Officer; (b) human faeces; or (c) urine.