768GOVERNMENT GAZETTE, WA 24 January 2017

768 GOVERNMENT GAZETTE, WA 24 January 2017 effective control in relation to a cat means any of the following methods— (a) held by a person who is capable of controlling the cat; (b) securely tethered; (c) secured in a cage; or (d) any other means of preventing escape; owner in relation to a cat means any of the following persons— (a) the owner of the cat as defined in the Act; (b) a person by whom the cat is ordinarily kept; (c) a person who has or appears to have immediate custody or control of the cat; (d) a person who keeps the cat, or has the cat in her or his possession for the time being; (e) a person who occupies any premises in which a cat is ordinarily kept or ordinarily permitted to live; or (f) a holder of a licence which relates to the cat; or (g) the holder of an exemption issued in relation to the cat. (2) In this Part, and for the purposes of applying the definition of “cattery” in Part 4—a cat does not include a cat less than 6 months old. 4.2 Keeping of Cats for which a licence is required (1) Subject to subclause (3) and the Cat (Uniform Local Provisions) Regulations 2013, a person is required to have a licence to— (a) keep more than 3 cats; or (b) use any premises as a cattery. (2) A person who breeds cats may, with the written approval of the local government, keep up to 6 adult breeding cats on any land in the district, subject to— (a) each cat being permanently confined in an effective cage system on the property; and (b) under such terms and conditions that may be imposed by the local government from time to time. (3) A licence is not required under subclause (1) if the premises concerned are— (a) a refuge of the RSPCA or any other incorporated animal welfare organisation; (b) a cat management facility which has been approved by the local government; (c) a veterinary surgery; or (d) a pet shop. 4.3 Cleanliness The owner or occupier of a premises where a cat or cats are kept must take reasonable measures to— (c) keep the premises, so far as possible, free of flies and when directed by an Authorised Person, spray the premises with a residual insecticide or use any other effective means to kill and repel flies. 4.4 Application for licence An application for a licence under clause 4.2 must be— (a) be made in writing, by an occupier of 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, to the specification and satisfaction of the local government; (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; (f) accompanied by the application fee for the licence determined by the local government from time to time. 4.5 Refusal to determine application The local government may refuse to determine an application for a licence if it is not made in accordance with clause 4.4. 4.6 Factors relevant to determination of application (1) In determining an application for a licence the local government may have regard to— (a) the reasons and justification provided for the request; (b) the physical suitability of the premises for the proposed use; (c) the suitability of the zoning of the premises under any town planning scheme which applies to the premises for the use;