2754GOVERNMENT GAZETTE, WA 31 July 2018

2754 GOVERNMENT GAZETTE, WA 31 July 2018 5.4.4 Roosters, Geese, Turkeys, Peafowl and Gamebirds (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 one or more of the following fowl— (a) a rooster; (b) a goose or gander; (c) a turkey; (d) a peacock or peahen; (e) a gamebird; (f) an emu; (g) an ostrich. (2) The local government may upon written application, grant approval with or without conditions to the owner or occupier of premises to keep on the premises any one or more birds as specified in (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 Conditions of keeping pigeons or doves A person who keeps, or permits to be kept, pigeons or dove 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 nonconforming structure or enclosure (1) If a structure or enclosure is used for the keeping of poultry or pigeons contrary to the provisions of clauses 5.4.3 or 5.4.5, as applicable, the local government may direct the owner or occupier to amend it or remove it. (2) An owner or occupier shall comply with a direction from the local government under this clause. 5.4.7 Restrictions on pigeon nesting or perching (1) The local government may order an owner or occupier of a house or other structure in or on which pigeons are, or are in the habit of, nesting or perching so as to create a health nuisance 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. 5.4.8 Restrictions on feeding wild birds A person shall not feed a pigeon, dove, seagull, ibis, raven or other wild bird, so as to cause a nuisance or be injurious or dangerous to health. Division 5—Feedlots 5.5.1 Interpretation animal includes cattle, sheep, goats, deer and the like; birds includes roosters, hens, geese, turkeys, ducks, poultry, emus and ostriches; feedlot means a confined area with watering and feeding facilities where animals are held and fed for the purpose of weight gain. 5.5.2 Premises to be approved (1) No premises shall be used as a feedlot unless approved by local government. (2) Subject to subclause (3), no premises shall be approved as a feedlot by the local government unless every portion of such feedlot complies with the minimum separation distances listed in Schedule 13. (3) Site unable to satisfy the separation requirements may be approved at the discretion of the local government when satisfied that approving the feedlot will not give rise to a health nuisance. 5.5.3 Site conditions The owner or occupier of an approved feedlot must ensure that— (a) the premises is sited in an area where the land slope is no greater than 1:20 but no less than 1:100;