Health Local Law 2016
Subdiv 2Infringement notices and modified penalties
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Subdivision 2—Infringement notices and modified penalties 6.5 Prescribed offences (1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in Schedule 1. (3) An authorised person should be satisfied that— (a) commission of the prescribed 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 a prescribed 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.
25 January 2017 GOVERNMENT GAZETTE, WA 925 SCHEDULE 1—PRESCRIBED OFFENCES [Clause 6.5] Item No Clause Nature of Offence Modified Penalty 1 2.2(a) Failure to keep premises free from excrement, filth, food waste and other matter likely to be offensive or injurious to health, or attracts vermin or insects $150 2 2.2(b) Failure to keep premises clean and disinfected when directed by an EHO $150 3 2.2(c) Failure to keep premises free of flies, or when directed by an EHO, spray premises with residual insecticide or use other means to kill or repel flies $150 4 2.3 Failure to maintain adequate enclosures $150 5 2.4(1) Keeping more than 3 cats over the age of 6 months without exemption from the local government $150 6 2.4(7)(a) Establish or maintain a cattery on any lot within the district without approval $150 7 2.4(7) Failing to maintain cattery in compliance with conditions of approval $150 8 2.5(1)(a) Keep or permit to be kept on premises in a residential zone more than 12 poultry $150 9 2.5(1)(b) Keep or permit to be kept on premises in a residential zone more than 12 pigeons $150 10 2.6 Keep, or permit to be kept, any poultry, not in accordance with conditions of this local law $150 11 2.7 Keep, or suffer to remain in a residential area, a rooster, turkey, goose or geese, or peafowl $150 12 2.8 Failing to keep cages, enclosures and lofts maintained to the minimum standard specified in the Code of Practice—Pidgeon Keeping or this local law $150 13 2.9 Failing to prevent pigeons nesting or perching $150 14 2.10 Failing to keep aviary birds in accordance with conditions of this local law $150 15 2.11 Keeping birds so as to create a nuisance $150 16 2.12(2) Keeping bees without a valid permit $150 17 2.12(5) Failure to provide a good and sufficient water supply on the land which is readily accessible by the bees $150 18 2.14(2) Failure to comply with a condition of a permit to keep bees $150 19 2.19 Keeping bees or bee hives so as to create or cause a nuisance $150 20 2.20(1) Failure to comply with a notice to remove bees or bee hives for contravention of local law $150 21 2.21(2)(a) Keeping a farm animal without a valid permit $150 22 2.26 Failure to comply with the conditions for keeping farm animals $150 23 2.27 Keeping a miniature horse on land without a registration $150 24 2.28(2)(a) Keeping a prohibited miniature pig on any land without approval $150 25 2.28(2)(b) Failure to comply with the stated conditions for the keeping of a miniature pig $150 26 2.28(3) Keeping more than 1 miniature pig within a townsite $150 27 2.28(4)(b) Failure to confine the miniature pig on the property where the animal is kept at all times $150 28 2.29 Failing to keep any stable, enclosure or shelter provided for the keeping of farm animals in accordance with conditions of this local law $150 29 2.30 Permitting livestock to stray, or be at large in a street, public place or private property without consent $150 30 2.31 Failing to keep property fenced in a manner capable of confining livestock $150 31 3.1 Failure to provide or maintain a refuse receptacle on a building or development site $250 32 3.2 Failure to control refuse on a building or development site $250 33 3.3 Unauthorised storage of materials $250