790GOVERNMENT GAZETTE, WA 24 January 2017

790 GOVERNMENT GAZETTE, WA 24 January 2017 (3) For the purposes of this clause, a “suitable receptacle enclosure” means an enclosure— (a) of sufficient size to accommodate all receptacles used on the premises but in any event having a floor area not less than a size approved by an Authorised Person or an Environmental Health Officer and in the case of a food premises, an area of 3m2 or not less than 10% of the floor area of the kitchen or food preparation areas, whichever is the greater; (b) constructed of brick, concrete, corrugated compressed fibre cement sheet or other material of suitable thickness approved by an Authorised Person or an Environmental Health Officer; (c) having walls not less than 1.5m in height and having an access way of not less than 1m in width and fitted with a self-closing gate; (d) containing a smooth and impervious floor— (i) of not less than 75mm in thickness; and (ii) which is evenly graded and connected to an approved liquid refuse disposal system in an approved manner; (e) provided with a hose tap connected to an adequate water supply; and (f) which is easily accessible to allow for the removal of the receptacles. 5.3 Construction site refuse On every building construction site the builder must— (a) ensure that an appropriate refuse receptacle is provided on site for the storage of building rubbish on any premises in which building or construction work is being carried out; (b) ensure that all rubbish from the site is placed in the receptacle as directed by an Authorised Person, or any Environmental Health Officer; (c) ensure the receptacle is maintained on the site for the duration of the construction work; (d) ensure the receptacle does not overflow; and (e) ensure that any refuse in the receptacle cannot be blown out by wind. 5.4 Burning Rubbish or Refuse Not Permitted A person must not, set fire to, or cause to be set on fire, or burn any rubbish or refuse. PART 6—PEST CONTROL Division 1—General Provisions 6.1 Responsibility of Owner or Occupier (1) The owner or occupier of premises must keep the premises and any person residing in or on the premises free from any vermin, vectors of disease or pests. (2) Where it is found that a premises is infested with vermin, vectors of disease or pests, an Environmental Health Officer may direct that the owner or occupier take appropriate action as may be indicated, to effectively eradicate the vermin, vectors of disease or pests. 6.2 Pest control generally An owner or occupier of an eating house, theatre or place of entertainment, whether indoor or outdoor, must cause the premises to be cleaned immediately after the last occasion on which the premises have been used on that day or, if the use extends after midnight, then immediately after that use. 6.3 Officer may give Notice directing measures to be taken Where in the opinion of an Environmental Health Officer pests, vermin or vectors of disease are prevalent or are breeding on any premises, the officer may give to the owner or occupier of the premises notice in writing directing him or her to take, within the time specified in the notice, such measures as in the opinion of the officer are necessary to— (a) control the prevalence; (b) effect the eradication; or (c) effectively prevent the breeding; of pests, vermin or vectors of disease. 6.4 Local Government may Execute Work and Recover Costs (1) Where— (a) a person is required under this Division or directed by a notice given under clause 6.4, to execute any work; and (b) that person fails or neglects to comply with the requirement, the local government may execute the work and may recover from that person the cost of executing the work, in addition to any penalty for which that person may be liable under this local law. (2) The costs and expenses incurred by the local government in the execution of a power under subclause (1) may be recovered in a court of competent jurisdiction from the person referred to in subclause (1). (3) The local government is not liable to pay compensation or damages of any kind to the person referred to in subclause (1) in relation to any action taken by the local government under this clause, other than compensation or damages for loss or damage suffered because the local government acted negligently or in breach of duty.