Shire of Chittering Keeping and Control of Cats Local Law 2023
1512GOVERNMENT GAZETTE, WA 6 June 2023
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1512 GOVERNMENT GAZETTE, WA 6 June 2023 3.12 Revocation The local government may revoke a permit if the permit holder fails to observe any provision of this local law or a condition of a permit. 3.13 Permit not transferable A permit issued under clause 3.8 (1) (a) is not transferable either in relation to the permit holder or the premises. 3.14 Permit to be kept at premises and available for view (1) A permit issued by the local government shall be kept at the premises to which it applies and shall be provided to an authorised person on demand. (2) In the case of a registered cattery or cat management facility, the permit shall be displayed in a prominent place within the premises. PART 4—MISCELLANEOUS 4.1 Giving of an infringement notice A notice given under this local law may be given to a person— (a) Personally; (b) By postal mail addressed to the person; or (c) By leaving it for the person at her or his address. PART 5—OBJECTIONS AND APPEALS 5.1 Objections and appeal rights Any person who is aggrieved by the conditions imposed in relation to a permit, the revocation of a permit, or by the refusal of the local government to grant a permit may object or appeal against the decision under Division 1 of Part 9 of the Local Government Act 1995. PART 6—OFFENCES AND PENALTIES 6.1 Offences (1) Any person who fails to do anything required or directed to do under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. (2) Unless otherwise specified, any person who commits an offence under this local law is liable on conviction, to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to a further penalty not exceeding a fine of $500 in respect of each day or part of a day during which the offence has continued. 6.2 Prescribed offences (1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section 62(1) of the Act. (2) The amount appearing directly opposite each such offence is the modified penalty in relation to that offence. 6.3 Forms (1) The issue of infringement notices, their withdrawal and the payment of modified penalties are dealt with in Division 4 of Part 4 of the Act. (2) An infringement notice in respect of an offence against this local law may be given under section 62 of the Act and is to be in the form of Schedule 1, Form 6 of the Cat Regulations 2012. (3) A notice sent under section 65 of the Act withdrawing an infringement notice is to be in the form of Schedule 1, Form 7 of the Cat Regulations 2012 ————
6 June 2023 GOVERNMENT GAZETTE, WA 1513 SCHEDULE 1 ADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR PERMITS [Clause 3.9(1) (e)] A. Permit to keep more than the prescribed number of cats. Additional conditions (1) In the case of a grouped dwelling where there is no suitable dividing fence or multiple dwellings on the same level, the written consent to the application for a permit of the occupier of the adjoining dwellings has been obtained. (2) Without the consent of the local government, the permit holder will not substitute or replace any cat that is the subject of a permit once that cat— (a) Dies; or (b) Is permanently removed from the premises. B. Permit to use premises as a Cattery or Cat Management Facility Additional conditions (1) All building enclosures must be structurally sound, have impervious flooring, be well lit and ventilated and otherwise comply with all legislative requirements. (2) There is to be a feed room, wash area, isolation cages and maternity section. (3) Materials used in structures are to be approved by the local government. (4) The internal surfaces of walls are, where possible, to be smooth, free from cracks, crevices, and other defects. (5) All fixtures, fittings and appliances are to be capable of being easily cleaned, resistant to corrosion and constructed to prevent the harbourage of vermin. (6) Washing basins with a minimum of running cold water are to be available to the satisfaction of the local government. (7) The maximum number of cats to be kept on the premises stated on the permit is not to be exceeded. (8) A register is to be kept recording in respect of each cat the— (a) Date of admission; (b) Date of departure; (c) Breed, age, colour, and sex; and (d) Name and residential address of the owner. (9) The register is to be made available for inspection on the request of an authorised person. (10) Enclosures are to be thoroughly cleaned each day and disinfected at least once a week to minimise disease. (11) Any sick or ailing cat is to be removed from the premises or transferred to an isolation cage separated from other cats kept on the premises. (12) Any other matter which in the opinion of the local government is deemed necessary for the health and wellbeing of any cat, or person, or adjoining premises or the amenity of the area (or any part thereof). ———— SCHEDULE 2 MODIFIED PENALTIES [Clause 6.2]