1510GOVERNMENT GAZETTE, WA 6 June 2023

1510 GOVERNMENT GAZETTE, WA 6 June 2023 (b) the whole or part of a building or structure (whether of a permanent or temporary nature); and (c) a vehicle; 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 its antecedents. This local law repeals the Shire of Chittering Cats Local Law 2015 as published in the Government Gazette on 8 December 2015 and amended in the Government Gazette on 30 August 2016. PART 2—CAT CONTROL 2.1 Cats 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, 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 shall not exceed 28 days. (4) An owner given a notice to abate the nuisance shall comply with the notice within the period specified in the notice. (5) If the owner fails to comply— the owner of the cat commits an offence 2.2 Cat prohibited areas (1) A cat shall not be in places specified in Schedule 3 at any time, whether or not under effective control. (2) If a cat is in a cat prohibited area in contravention of subclause (1), then— (a) The owner of the cat commits an offence; and (b) An authorised person may seize and impound the cat in accordance with the Act. PART 3—PERMITS FOR KEEPING CATS 3.1 Interpretation In this part, cat does not include a cat less than 6 months old. 3.2 Prescribed premises For the purposes of the definition of prescribed premises in regulation 4(1) of the Cat (Uniform Local Provisions) Regulations 2013, this local law limits the number of cats that may be kept at any premises within the district except— (a) A cat management facility operated by a body prescribed as a cat management facility operator under the Cat Regulations 2012; or (b) A cat management facility operated by the local government; or (c) A veterinary clinic or veterinary hospital as defined under section 2 of the Veterinary Surgeons Act 1960. 3.3 Standard number of cats For the purposes of the definition of standard number of cats in regulation 4(1) of the Cat (Uniform Local Provisions) Regulations 2013, no more than two (2) cats may be kept on any premises. 3.4 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 2 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; or (b) A cat management facility which has been approved by the local government; (c) A veterinary surgery. 3.5 Application for permit An application for a permit under clause 3.4 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;