1494GOVERNMENT GAZETTE, WA 22 April 2021

1494 GOVERNMENT GAZETTE, WA 22 April 2021 (b) an unreasonable interference with the use and enjoyment of a person of his or her ownership or occupation of land; or (c) interference which causes material damage to land or other property on the land affected by the interference; owner has the meaning given to it in the Act; penalty unit has the meaning given in the Shire of Peppermint Grove Penalty Units Local Law 2021; permit means a permit issued by the local government under Part 3; permit holder means a person who holds a valid permit under Part 3; premises has the meaning given to it in the Act; RSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western Australia; Schedule means a schedule to this local law; Scheme means a planning scheme of the local government made by it under the Planning and Development Act 2005; and Veterinarian has the meaning given to it in the Act. PART 2—CAT CONTROL 2.1 Cat not to be a nuisance (1) An owner shall not allow a cat to be or create a nuisance. (2) Where in the opinion of an authorised person, or where the local government receives signed complaints in the form of Schedule 2 from two or more persons each of whom occupy different premises that a cat is creating a nuisance, the local government may give written notice to the owner of the cat requiring that person to abate the nuisance. (3) When a nuisance has occurred and a notice to abate the nuisance is given, the notice remains in force for the period specified by the local government in the notice which period shall not exceed 28 days. (4) A person given a notice to abate the nuisance shall comply with the notice within the period specified in the notice. PART 3—PERMITS FOR KEEPING CATS 3.1 Interpretation In this Part, and for the purposes of applying the definition of ‘cattery’, cat does not include a cat less than 6 months old. 3.2 Cats for which a permit is required (1) Subject to subclause (2) a person is required to have a permit to— (a) keep more than 3 cats on any premises; or (b) use any premises as a cattery or cat management facility. (2) A permit is not required under subclause (1) if the premises concerned are— (a) a refuge of the RSPCA or any other body prescribed in regulation 4 of the Cat Regulations 2012; (b) a cat management facility which has been approved by the local government; (c) a veterinary surgery; or (d) a pet shop. 3.3 Application for permit An application for a permit under clause 3.2 shall be— (a) made in writing by an occupier of the premises in relation to those premises; (b) in a form approved by the local government, describing and specifying the number of cats to be kept on the premises; (c) accompanied by a brief reason and justification for the request; (d) accompanied by the plans of the premises to which the application relates in the form determined by the local government from time to time; (e) accompanied by the consent in writing of the owner of the premises where the occupier is not the owner of the premises to which the application relates; and (f) accompanied by the application fee for the permit determined by the local government from time to time. 3.4 Refusal to determine application The local government may refuse to determine an application for a permit if it is not made in accordance with clause 3.3.