922GOVERNMENT GAZETTE, WA 25 January 2017

922 GOVERNMENT GAZETTE, WA 25 January 2017 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 the local government 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 be undertaken. 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 2,000 square meters or less, being townsite zone, residential zone, rural zone or rural residential zone property, set fire to rubbish, refuse or other materials 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 materials do not exist and the potential for pollution is low; (c) the material does not include any plastic, rubber, food scraps or 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. (2) Subclause (1) shall not apply to any barbecue, 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 not cause or allow the escape of smoke, fumes, odours or other emissions from the land or premises in such quantity or of such a nature as to cause or to be a nuisance to any person unless— (a) the escape of smoke, fumes, odours or other emissions from the land or premises is the result of burning in compliance 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; and (b) all reasonable steps have been taken to prevent the smoke, fumes, odours and other emissions from land or premises from causing 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 10.30 pm and 6.30 am on the following day without first obtaining the written consent of the local government. Division 4—Swimming pool backwash management 4.8 Disposal of swimming pool backwash (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.