Shire of Dumbleyung Bush Fire Brigades Local Law 2022

3 November 2022 GOVERNMENT GAZETTE, WA 5091 BUSH FIRES ACT 1954 BUSH FIRE BRIGADES LOCAL LAW 2022 Under the powers conferred by the Local Government Act 1995, Bush Fires Act 1954 and under all other powers enabling it, the Council of the Shire of Dumbleyung resolved on 15 September 2022 to make the following local law. This local law may be cited as the Shire of Dumbleyung Bush Fire Brigades Local Law 2022. 2. Application This local law repeals the Shire of Dumbleyung Bush Fire Brigades Local Law 2002 as published in the Government Gazette on 21 March 2003. 4. Definitions (1) In this local law unless the context otherwise requires– Act means the Bush Fires Act 1954; brigade area has the meaning given in clause 6(1)(b); brigade officer means a person holding a position referred to in clause 6.1(c), whether or not he or she was appointed by the local government or elected at an annual meeting of a bush fire brigade or otherwise appointed to the position; bush fire brigade is defined in section 7 of the Act; normal brigade activities is defined by section 35A of the Act; and Regulations means Regulations made under the Act. (2) In this local law, unless the context otherwise requires, a reference to— (a) a Captain; (b) a First Lieutenant; (c) a Second Lieutenant; (d) any additional Lieutenants; (e) an Equipment Officer; (f) a Secretary; and (g) Treasurer; or (h) a Secretary/Treasurer combined; means a person holding that position in a bush fire brigade. 5. Establishment of a bush fire brigade (1) The local government may establish a bush fire brigade for the purpose of carrying out normal brigade activities. (2) A bush fire brigade is established on the date of the local government’s decision under subclause (1). (3) A bush fire brigade established under subclause (1) is to hold a meeting at least once every financial year to appoint persons to the positions specified in clause 6(1)(c). 6. Name and officers of bush fire brigade (1) On establishing a bush fire brigade under clause 5(1) the local government is to– (a) Give a name to the bush fire brigade; (b) Specify the brigade area in which the bush fire brigade is primarily responsible for carrying out the normal brigade activities; and (c) Appoint– (i) a Captain; (ii) a First Lieutenant; (iii) a Second Lieutenant; (iv) additional Lieutenants if the local government considers it necessary; (v) an Equipment Officer;

5092 GOVERNMENT GAZETTE, WA 3 November 2022 (vi) a Secretary; and (vii) Treasurer; or (viii) A Secretary/Treasurer combined. (2) A person appointed to a position pursuant to subclause (1)(c) is to be taken to be a brigade member. (3) The appointments referred to in subclause (1)(c) expire at the completion of the first annual general meeting of the bush fire brigade. (4) An election is to be held at the first annual general meeting by the members of the brigade for appointments to the positions referred to in subclause (1)(c) and every subsequent annual general meeting. (5) If a position referred to in subclause (1)(c) becomes vacant prior to the completion of the first annual general meeting or at any time, then the Brigade members are to vote for a replacement member to fill the position. (6) The Brigade members may elect, describe the duties of, and dismiss, any person to any other position including Secretary, Treasurer, Equipment Officer or other positions, and may combine those positions. (7) The Brigade members may establish types of brigade membership including fire fighting members, auxiliary members, cadet members, and honorary life members. 7. Duties of Captain and bush fire brigade officers (1) The duties of the Captain are to— (a) Provide leadership to bush fire brigades; (b) Monitor bush fire brigades’ resourcing, equipment and training levels; (c) Liaise with the local government concerning– (i) Fire prevention or fire suppression matters generally; (ii) Directions to be issued by the local government to bush fire control officers, including those who issue permits to burn; and (iii) Bush fire brigade officers; (d) Ensure that a list of bush fire brigade members is maintained; (e) Report annually to the local government the office bearers of the bush fire brigade in accordance with the Regulations; (f) Report to the local government not later than 30 April each year, for consideration and appropriate provision being made in the next local government budget, the status of a bush fire brigade’s– (i) Training and readiness; (ii) Protective clothing; (iii) Equipment; and (iv) Vehicles and appliances. (g) Nominate persons to the CEO for appointment as bush fire control officers by the local (h) Arrange for normal brigade activities as authorised by the Act or by the local government; and (i) Where a vacancy occurs in a position appointed under clause 6(1)(c), to– (i) Advise the CEO of the vacancy as soon as practicable; and (ii) Make alternate suitable arrangements for that position until an appointment is made. (2) It is the duty of other bush fire brigade officers to support the Captain in his/her role. 8. Appointment, employment, payment, dismissal and duties of bush fire control officers The appointment, employment, payment, dismissal and duties of bush fire control officers is dealt with by the Act. 9. Maintenance and equipment with appliances and apparatus of bush fire brigades The local government may provide funds for the maintenance and equipment with appliances and apparatus of bush fire brigades in accordance with Part 6 of the Local Government Act 1995. ———— The Common Seal of the Shire of Dumbleyung was affixed by authority of a resolution of Council in the presence of—

3 November 2022 GOVERNMENT GAZETTE, WA 5093 CEMETERIES ACT 1986 CONTENTS

PART 2—ADMINISTRATION 2.1 Powers and functions of CEO 2.2 Plans

Division 2—Right of Burial 2.3 Issuing of grants 2.4 Right of holder 2.5 Renewal of grant 2.6 Replacement of grant 2.7 Transfer of grant 2.8 Exercising the rights of holder 2.9 Board may enter into an agreement for maintenance

PART 3—APPLICATION FOR INTERMENT 3.1 Application for interment permit 3.2 Applications to be accompanied by certificates etc. 3.3 Certificate of identification 3.4 Minimum notice required 3.5 Refusal of application

PART 4—FUNERALS AND MEMORIAL SERVICES 4.1 Fixing times for interments 4.2 Memorial services or processions 4.3 Processions 4.4 Conduct of interments by the Board

PART 5—INTERMENTS 5.1 Requirements for burials 5.2 Requirements for preparation of graves 5.3 Requirements for dimensions of graves 5.4 Requirements for disposal of ashes 5.5 Requirements for re-opening a grave 5.6 Requirements for exhumation 5.7 Requirements for opening of coffin or removal of shroud 5.8 Ashes not to be held by the Board

PART 6—APPLICATIONS FOR MEMORIALS 6.1 Application to place memorial 6.2 Australian War Graves

PART 7—MEMORIALS PERMITTED 7.1 Limitation on dimensions of memorials 7.2 Specification for monument 7.3 Specification for headstone 7.4 Specification for memorial plaque base 7.5 Specification for memorial plaque

5094 GOVERNMENT GAZETTE, WA 3 November 2022 7.6 Specification for gravesite fencing 7.7 Display of trade names on memorials not allowed 7.8 Use of wood

PART 8—MEMORIALS AND OTHER WORK 8.1 Carrying out memorial work 8.2 Removal of sand, soil or loam 8.3 Removal of rubbish 8.4 Plants and trees 8.6 Placing of grave ornaments 8.7 Hours of work 8.8 Unfinished work

PART 9—GENERAL 9.1 Vehicle access and speed limitation 9.2 Animals 9.3 Utility services 9.4 Damaging and removing of objects 9.5 Withered flowers 9.6 Littering and vandalism 9.7 Advertising 9.8 Signs and directions of the Board 9.9 Removal from a cemetery 9.10 Board may close cemetery 9.11 Offensive matters 9.12 Liability for damage or works required to comply 9.13 Offence to fail to comply with notice 9.14 Board may undertake requirements of notice

PART 10—OFFENCES AND MODIFIED PENALTIES 10.1 General penalties 10.2 Modified penalties SCHEDULE 1—MODIFIED PENALTIES SCHEDULE 2—INFRINGEMENT NOTICE SCHEDULE 3—WITHDRAWAL OF INFRINGEMENT NOTICE

3 November 2022 GOVERNMENT GAZETTE, WA 5095 CEMETERIES ACT 1986 Under the powers conferred by the Cemeteries Act 1986 and the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Dumbleyung resolved on 15 September 2022 to adopt the following local law. This local law may be cited as the Shire of Dumbleyung Cemeteries Local Law 2022. This local law applies to the Nippering Cemetery (Reserve 9943) and Kukerin Cemetery (Reserve 16502) located in the district. This local law repeals the Shire of Dumbleyung Cemetery Local Law 2002 as published in the Government Gazette on 21 March 2003. Act means the Cemeteries Act 1986; ashes means so much of the remains of a dead body after the due processes of cremation as may be contained in a standard sized cremation urn; authorised person means a person— (a) appointed by the Board for the purposes of performing any function or exercising any power, other than the giving of infringement notices, conferred upon an authorised person by this local law; or (b) authorised under section 64 of the Act to give infringement notices; Board means the local government; burial means placement of a coffin containing a dead body into a grave, and includes a natural burial; business day means any week day other than a public holiday in Western Australia; cemetery means a cemetery under the care and control of the Board; CEO means the chief executive officer, for the time being, of the Board; coffin means a coffin or other receptacle used for the transportation of a dead body to the grave site, or the receptacle used for the burial of a dead body in a grave; Commissioner of Police means the Commissioner of Police for the time being appointed under the Police Act 1892 and includes any person for the time being acting in that capacity; funeral director means a person holding a current funeral director’s licence; grant of right of burial means a right granted under clause 2.3 for immediate burial of a dead body, and for the purposes of this local law, includes placement of ashes in a grave, niche wall, memorial garden or under a memorial plaque, or scattering of ashes within a cemetery; headstone means a memorial designed for placement at the head of a grave, commemorating a grave or the placement of ashes; interment includes, as the case may be— (a) burial of a dead body; (b) placement of ashes in a grave, niche wall, memorial garden or under a commemorative plaque; or (c) scattering of ashes; interment permit means a single funeral permit issued by the Board under section 20 or 21 of the Act which entitles the holder to conduct the interment of a person named in the permit, and includes placement or scattering of ashes in a cemetery; memorial has the meaning set out in the Act;

5096 GOVERNMENT GAZETTE, WA 3 November 2022 memorial plaque means a panel, plate or tablet designed or used for purposes of bearing a commemorative inscription; memorial work means to install, repair, renovate or remove a memorial; monument means a sculpture, statue, cover of a grave or other form of memorial approved by the Board commemorating a grave or the placement of ashes, other than a headstone or memorial plaque; natural burial means burial in the ground— (a) without preparation of the dead body using chemical preservatives; and (b) by containment of the dead body only in a shroud or biodegradable coffin; niche wall means a structure for the placement of a container of ashes in a compartment secured with a covering memorial plaque; personal representative means— (a) the administrator or executor of an estate of a deceased person; (b) the person who, by law of practice, has the right to apply for administration of the estate of the deceased person; or (c) a person having the lawful custody of a dead body; set fee refers to fees and charges set by a resolution of the Board and published in the Government Gazette, under section 53 of the Act; shroud means, as the context requires— (a) a cloth or cloths used to securely wrap a dead body for burial; or (b) a dead body contained within a cloth or cloths; standard grave means a grave which does not exceed any of the following dimensions: 2400 millimetres long, 1000 millimetres wide and 2140 millimetres deep; utility services means municipal or public services and includes the supply of water, electrical power, and, gas and also includes refuse, building waste and sewerage disposal services; and vehicle includes every conveyance and every object capable of being propelled or drawn on wheels, tracks or otherwise, other than a wheelchair or baby stroller, and includes a bicycle and a skateboard. PART 2—ADMINISTRATION 2.1 Powers and functions of CEO Subject to the direction of the Board, the CEO shall exercise all the powers and functions of the Board in respect of a cemetery in the district. 2.2 Plans (1) The Board shall establish and maintain a plan of each cemetery showing— (a) the location of areas set aside for burials, niche walls, memorial gardens, and placement of ashes in a garden; (b) the location of an area to be used only for burials of persons of a particular religious denomination; (c) the location of different areas of the cemetery to which different requirements for memorials apply; (d) the location of areas set aside for the works and other uses as specified in sections 24(2)(a) and (b) of the Act; and (e) any restricted areas. (2) The plans referred to in subclause (1) shall be open for inspection by members of the public during normal office hours of the Board. Division 2—Right of Burial 2.3 Issuing of grants The Board may from time to time issue to a person a grant for the term specified in the Act, upon— (a) Written application by that person; and (b) Payment of the set fee. 2.4 Right of holder (1) Subject to the local law, to the prior approval of the Board and to the terms and conditions (if any) imposed by the Board, a grant confers on the holder, during the term of the grant, an exclusive right— (a) to be buried in a grave specified in the grant; and (b) to carry out monumental works on the gravesite specified in the grant. (2) The Board at its absolute discretion, may determine from time to time the number of dead bodies or ashes which may be placed in the grave. (3) The Board or an authorised officer may request the holder to produce the grant before the exercise of any rights referred to in subclause (1) and the holder shall forthwith comply with that request.

3 November 2022 GOVERNMENT GAZETTE, WA 5097 (4) If the location stipulated in the grant of right of burial is significantly and adversely affected prior to or at the time of burial by unforeseen conditions such as flooding, a high water table, rock, large tree roots or any other significant matter the Board may allocate any other gravesite of the grantee’s choosing that is not already subject to a grant. 2.5 Renewal of grant (1) Where, at any time during the term of a grant, a holder— (a) makes written application; and (b) pays a set fee, the Board must renew the grant for a further term of twenty five (25) years commencing on the expiry date of the grant. (2) The set fee for the issue of a new grant pursuant to this clause shall be determined by the Board from time to time. (3) The Board may request the holder to deliver an existing grant to it prior to issuing a new grant. (4) The holder shall forthwith upon receiving a request by the Board in accordance with subclause (3) deliver the existing grant to the Board. 2.6 Replacement of grant (1) The Board may— (a) upon the written application of a holder; and (b) upon the production of evidence to the satisfaction of the Board, issue a new grant to replace a grant which is lost or destroyed. (2) Notwithstanding subclause (1), the Board may prior to issuing a replacement grant, require the holder to make a statutory declaration in a form determined by the Board. (3) The replacement grant issued by the Board shall be deemed to be the original grant. 2.7 Transfer of grant A holder who desires to transfer a grant to another person shall make an application to the Board in a form determined by the Board and upon receipt of the application the Board may grant permission in accordance with section 26 of the Act. 2.8 Exercising the rights of holder If evidence is produced in writing to the satisfaction of the Board that a holder is unavailable or not immediately ascertainable, or has died and has not specifically bequeathed a grant, then the rights conferred upon that holder may be exercised by a holder’s personal representative or a person acting expressly on behalf of a personal representative. If those persons are unavailable or not immediately ascertainable, the Board may approve any other person. 2.9 Board may enter into an agreement for maintenance The Board may enter into an agreement with the holder of a grant of right of burial under clause 2.3 or holder of a pre-need certificate under clause 2.4 for the maintenance of an area of a cemetery at the expense of the holder. PART 3—APPLICATION FOR INTERMENT 3.1 Application for interment permit (1) A funeral director, the personal representative of a deceased person, or other person approved by an authorised person may apply for approval for an interment of a dead body in a cemetery. (2) A funeral director, the personal representative of a deceased person whose body has been cremated, or other person approved by an authorised person may apply for approval for interment of ashes in a cemetery. (3) An application for an interment permit under subclause (1) or (2) of— (a) a dead body shall include details of— (i) proposed burial method for the dead body in accordance with clause 5.1; and (ii) the vehicle transporting the dead body to the gravesite; or (b) ashes shall include details of the proposed interment arrangements for the ashes in accordance with clause 5.4(2). (4) An application under subclauses (1) or (2) shall be accompanied by the set fee. 3.2 Applications to be accompanied by certificates etc. An application under clause 3.1(1) shall be accompanied by— (a) a certificate issued under clause 3.3; and (b) either a medical certificate of death or a Coroner’s order of burial. 3.3 Certificate of identification (1) Prior to the dead body being removed to a cemetery, a person who personally knew the deceased shall identify the dead body and shall provide a certificate of identification, unless— (a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or (b) after reasonable effort the funeral director is unable to arrange for a person to identify the dead body.

5098 GOVERNMENT GAZETTE, WA 3 November 2022 (2) A funeral director shall provide a certificate, where— (a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or (b) after reasonable effort the funeral director is unable to arrange for a person to identify the dead body. 3.4 Minimum notice required An application for interment shall be made to the Board at least five business days prior to the day proposed for interment, otherwise an extra fee may be charged. 3.5 Refusal of application (1) The Board may refuse an application for the interment permit under clause 3.1(1). (2) If the Board refuses to approve an application under subclause (1), written notice of the refusal is to be given to the applicant. PART 4—FUNERALS AND MEMORIAL SERVICES 4.1 Fixing times for interments (1) On receipt of a completed application form and the satisfaction of all other requirements of the Act and this local law, the Board may— (a) approve a time for the interment; and (b) dig or re-open any grave that is required. (2) The time approved for an interment is at the discretion of the Board but will be as near as possible to the time requested by the applicant. (3) Except with the permission of the Board and subject to such conditions as may be applied, a person shall not carry out a burial— (a) on a Saturday, a Sunday or a public holiday; (b) commencing at any time other than between the hours 9:00 am to 3:00 pm; or (c) to conclude later than 4:00 pm. 4.2 Memorial services or processions A person shall not conduct a memorial service or procession within a cemetery unless that person has the permission of the Board. 4.3 Processions The time fixed by the Board for interment shall be the time at which the procession is to arrive at the cemetery gates, and, if not punctually observed, then the applicant who applied to hold the interment under clause 3.1 shall if required by the Board, pay the set fee for being late. 4.4 Conduct of interments by the Board When conducting an interment, or for the purposes of deciding whether to conduct an interment, under section 22 of the Act the Board may— (a) require a written request to be made for the Board to conduct an interment; (b) in its absolute discretion, charge any person requesting it to conduct an interment the set fee for the conduct of that funeral; (c) where no fee is applicable or a reduced fee has been charged by it for the conduct of the interment, determine the manner in which the interment shall be conducted; (d) specify an area in a cemetery for the interment; (e) conduct the funeral notwithstanding the failure of a person to make any application or to obtain any consent required under this local law; and (f) do or require anything which is considered necessary or convenient for the conduct of the funeral by the Board. PART 5—INTERMENTS 5.1 Requirements for burials A person shall not bring a dead body into a cemetery unless— (a) the Board has approved an application for the burial of that dead body made under clause 3.1(1); (b) it is enclosed in a coffin or shroud which bears the name of the deceased person indelibly inscribed in legible characters on a plate attached in a clearly visible position; and (c) under the plate referred to in paragraph (b) there is a substantive lead strip bearing the surname of the deceased person stamped in legible characters, each character being not less than 10 millimetres in height. 5.2 Requirements for preparation of graves (1) A person shall not dig or prepare a grave or fill a grave, unless that person has the permission of the Board.

3 November 2022 GOVERNMENT GAZETTE, WA 5099 (2) Regardless of prior grant of right of burial under clause 2.3 or gravesite approved upon application made under clause 3.1, the Board may direct the digging or preparation of a grave in an alternate position, where— (a) evidence of a prior interment is found, or known to have occurred; (b) access to the position is constrained; (c) the digging or preparation of the grave is unreasonably difficult; or (d) utility services may be interfered with. (3) Where an alternative position for the grave is directed under subclause (2), the Board is to advise the funeral director, the personal representative of a deceased person, or other person approved by an authorised person, immediately. 5.3 Requirements for dimensions of graves (1) A person shall not bury a dead body in a cemetery other than in a standard grave, unless that person has the permission of the Board. (2) Every grave prepared by the Board shall be dug at least 1800 millimetres deep and shall not exceed 2140 millimetres in depth, unless otherwise determined by the Board. (3) Unless otherwise permitted by the Board, a person shall not bury a dead body within a cemetery so that the distance from the top of the coffin or shroud to the original surface of the ground is— (a) subject to paragraph (b), less than 1600 millimetres, unless that person has the permission of an authorised person; or (b) in any circumstances less than 750 millimetres. (4) The permission of the Board in subclause (3) shall not be granted unless in the opinion of the authorised person exceptional circumstances require granting of that permission. 5.4 Requirements for disposal of ashes (1) Except in accordance with an approved application under clause 3.1(2), a person shall not bring or dispose of the ashes of a deceased person into a cemetery. (2) The person approved under subclause (1) may dispose of the ashes of that deceased person in a cemetery by one of the following methods, if that method is available— (a) placed within the perimeter of an authorised gravesite’s at a depth of at least 600 millimetres; (b) placed in a family grave; (c) placed in a niche wall; (d) placed in a memorial garden; or (e) other method approved by the Board. (3) The Board may require a person making an application under clause 3.1(2) to provide additional information reasonably related to the application before determining the application. (4) The Board may— (a) approve an application under clause 3.1(2) unconditionally or subject to any conditions; or (b) refuse to approve an application under clause 3.1(2). (5) Where an application under clause 3.1(2) has been approved subject to conditions, the applicant must comply with each of those conditions, as amended. (6) If the Board refuses to approve an application under clause 3.1(2), written notice of the refusal is to be given to the applicant. 5.5 Requirements for re-opening a grave (1) A person shall not reopen a grave without the approval of the Board. (2) If for the purpose of re-opening a grave in a cemetery, the Board finds it necessary to remove plants, grass, shrubs or other like matter from the grave, then the person ordering the re-opening of that grave shall bear the cost of the removal and any necessary reinstatement. 5.6 Requirements for exhumation (1) Subject to subclause (2), a person shall not exhume a dead body in a cemetery for the purposes of reburial within 12 months after the date of its interment. (2) Subclause (1) shall not apply where the exhumation is ordered or authorised pursuant to the Act. (3) Subject to subclause (1) and (2) prior to any other exhumation, the holder of a grant of right of burial must have applied in writing to the Board requesting the exhumation and an authorised person has authorised the exhumation. 5.7 Requirements for opening of coffin or removal of shroud A person shall not open a coffin or remove a shroud in a cemetery unless— (a) the coffin is opened or shroud removed for the purposes of the exhumation of a dead body; or (b) that person has produced to the Board an order signed or authorised pursuant to the Act and an authorised person has approved the opening of that coffin or removal of the shroud. 5.8 Ashes not to be held by the Board The Board shall not accept custody of ashes of a deceased person.

5100 GOVERNMENT GAZETTE, WA 3 November 2022 PART 6—APPLICATIONS FOR MEMORIALS 6.1 Application to place memorial (1) Upon payment of the set fee, the Board may approve an application to place a memorial with or without conditions, including restricting use of materials such as wood, dimensions of a memorial etc, so as not to detract from the amenity of a cemetery. (2) The Board may require the written consent of the holder of the grant of right of burial of the grave, the personal representative of a deceased person, or other person to the satisfaction of an authorised person to accompany an application for a memorial made under section 30 of the Act. (3) Where written consent is not able to be produced, the Board may approve with or without conditions or decline an application in its absolute discretion (4) If the Board refuses to approve an application under subclause (2), written notice of that refusal is to be provided to the applicant. 6.2 Australian War Graves Notwithstanding anything in this local law to the contrary, the Office of Australian War Graves— (a) may place a complying memorial on a military grave; and (b) is not required to pay the set fee for any memorial that is placed upon a military grave. PART 7—MEMORIALS PERMITTED 7.1 Limitation on dimensions of memorials (1) No part of a memorial, including any grave cover, kerbing, boundary marker or enclosure is to extend beyond the dimensions of a standard grave. (2) No part of a monument above its base shall extend horizontally beyond its base. (3) Notwithstanding subclause (1), on request of the personal representative, the Board may approve a memorial over adjoining multiple gravesites— (a) where the persons interred are of the same family; or (b) for another acceptable reason. 7.2 Specification for monument A monument is to be constructed in a manner approved by the Board. 7.3 Specification for headstone A headstone is to be constructed in a manner approved by the Board. 7.4 Specification for memorial plaque base A memorial plaque base is to be constructed in a manner approved by the Board. 7.5 Specification for memorial plaque A memorial plaque is to be made in a manner approved by the Board. 7.6 Specification for gravesite fencing Gravesite fencing is to be constructed in a manner approved by the Board. 7.7 Display of trade names on memorials not allowed A person shall not display any trade names or marks on a memorial. 7.8 Use of wood No wooden fence, railing or construction other than a cross, shall be allowed on or around a grave, other than as a temporary marker or with the permission of the Board. PART 8—MEMORIALS AND OTHER WORK 8.1 Carrying out memorial work (1) A person shall not carry out memorial work within a cemetery unless that person is authorised by the Board to do so under clause 6.1. (2) All material required in the erection and completion of any memorial work shall, be prepared before being taken to a cemetery. (3) The Board may place restrictions on the hours of work, access to a cemetery or other matters considered appropriate. (4) Memorial works shall be suspended during the conduct of any funeral within a cemetery. (5) Work is not permitted to be left unattended in an untidy or unsafe state. 8.2 Removal of sand, soil or loam No sand, earth or other material shall be taken from any part of a cemetery for use in the construction of any memorial or other work except with the written approval of the Board. 8.3 Removal of rubbish All refuse, rubbish or surplus material remaining after approved memorial works are completed shall be immediately removed from a cemetery by the person carrying out the work.

3 November 2022 GOVERNMENT GAZETTE, WA 5101 8.4 Plants and trees No trees or shrubs shall be planted on any grave or within a cemetery except such as shall be approved by the Board. 8.5 Supervision All workers, whether employed by the Board or by any other person, shall at all times while within the boundaries of a cemetery be subject to the supervision of the Board and shall obey any directions of the Board. 8.6 Placing of grave ornaments A person shall not place vases or other grave ornaments— (a) outside the perimeter of a grave in a cemetery as defined in the plans kept and maintained under section 40(2) of the Act; or (b) outside of an area set aside by the Board as a memorial plaque section. 8.7 Hours of work Except in accordance with the permission of an authorised person, a person shall not carry out memorial or other work within a cemetery— (a) during a funeral; or (b) other than between the hours of 8:00 am and 5:00 pm on a business day. 8.8 Unfinished work A person who does not complete any work before 5:00 pm on a business day shall leave the work in a neat and safe condition to the satisfaction of the Board. PART 9—GENERAL 9.1 Vehicle access and speed limitation (1) A person must only drive a vehicle on a vehicular access way or the constructed roadway or other areas designated for the use of vehicles within a cemetery, unless otherwise authorised by the Board. (2) A person driving a vehicle, within a cemetery, shall not exceed the speed limit of 20 kilometres per hour, and shall comply with the signs and directions in the cemetery. 9.2 Animals A person shall not bring an animal into or permit an animal to enter or remain in the cemetery, other than an assistance animal as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth) or with the approval of the CEO or an authorised officer. 9.3 Utility services (1) Other than with the approval of the Board, a person shall not— (a) connect any device or equipment to any utility services supplied on or at a cemetery; or (b) alter or interfere with utility services infrastructure located in a cemetery. (2) The Board may recover from a person the reasonable costs incurred by the Board for the supply to and use of any utility services by that person at a cemetery. 9.4 Damaging and removing of objects Subject to clause 9.5, a person shall not damage, remove or pick any tree, plant, shrub or flower in a cemetery or any other object or thing on any grave or memorial or which is the property of the Board without the permission of the Board. 9.5 Withered flowers A person may remove withered flowers from a grave or memorial and these are to be disposed of in an appropriate manner. 9.6 Littering and vandalism A person shall not— (a) damage, deface or interfere with any monument or gravesite in any manner whatsoever; (b) break or cause to be broken any glass, ceramic or other material in or upon a cemetery; or (c) discard, deposit, leave or cause to be discarded, deposited or leave any refuse or litter in a cemetery other than in a receptacle provided for that purpose. 9.7 Advertising (1) A person shall not advertise or carry on any trade, business or profession in a cemetery without the approval of the Board. (2) Upon payment of the set fee, the Board may consider and give approval subject to such conditions as the Board thinks fit. 9.8 Signs and directions of the Board (1) The Board may display, mark, place or erect a sign within a cemetery specifying conditions relating to the use of that cemetery.

5102 GOVERNMENT GAZETTE, WA 3 November 2022 (2) A person shall obey all signs displayed, marked, placed or erected by the Board within a cemetery and any other lawful direction by the Board. 9.9 Removal from a cemetery (1) Any person failing to comply with any provisions of this local law or behaving in a manner that in the opinion of the Board is inappropriate in a cemetery may in addition to any penalty provided by this local law be ordered to leave the cemetery. (2) A person to whom an order under subclause (1) is given must comply with that order. 9.10 Board may close cemetery The Board may— (a) temporarily close a cemetery or any part of it; (b) exclude from a cemetery the public and all persons or so many of the public or so many persons as the Board consider to be necessary; (c) regulate, prohibit or restrict access to a cemetery or any part of it; or (d) direct persons to leave a cemetery or any part of it, for purposes of— (i) a funeral or public convenience; (ii) maintenance, redevelopment or extension of a cemetery; (iii) public safety; or (iv) other operational reasons. 9.11 Offensive matters (1) A person shall not allow or cause to be displayed any offensive materials, wording, symbols or images of any kind, whether as a sign, on a memorial or otherwise visible. (2) Where, in the opinion, based on reasonable grounds, of the Board, a person does not comply with subclause (1), the Board may issue a notice under clause 9.12(1). 9.12 Liability for damage or works required to comply (1) Where a person— (a) causes damage to any grave, memorial, structure, building, furniture, plant or any other item or thing in a cemetery; (b) does a thing not authorised by this local law; or (c) does not do a thing required by this local law; the Board may by notice in writing to that person require that person within the time required in the notice to, at the option of the Board— (d) pay the costs of reinstating the property to the state it was in prior to the occurrence of the damage; (e) pay the costs of replacing that property; (f) pay the costs of works required to comply with this local law; or (g) carry out works required to comply with this local law. (2) On a failure to comply with a notice issued under subclause (1), the Board may recover the costs referred to in the notice as a debt due to it. 9.13 Offence to fail to comply with notice Whenever the Board gives a notice under this local law requiring a person to do anything, if a person fails to comply with the notice, that person commits an offence. 9.14 Board may undertake requirements of notice Where a person fails to comply with a notice referred to in clause 9.13, the Board may do the thing specified in the notice and recover from the person to whom the notice was given, as a debt, the costs incurred in so doing. PART 10—OFFENCES AND MODIFIED PENALTIES 10.1 General penalties A person who commits a breach of any provisions of this local law commits an offence and shall on conviction be liable to a penalty not exceeding $500, and if the offence is a continuing one to a further penalty not exceeding $20 for every day or part of a day during which the offence has continued. 10.2 Modified penalties (1) The offences specified in Schedule 1 are offences which may be dealt with under Section 63 of the Act. (2) The modified penalty payable in respect of an offence specified in Schedule 1 is set out in the fourth column of Schedule 1. (3) The infringement notice referred to in Section 63(1) of the Act shall be in the form set out in the Schedule 2. (4) The notice withdrawing an infringement notice referred to in Section 63(3) of the Act shall be in the form set out in Schedule 3.

3 November 2022 GOVERNMENT GAZETTE, WA 5103

SCHEDULE 1—MODIFIED PENALTIES [cl. 10.2(1)] 1 4.2 Conducting a memorial service or procession without permission 50 2 5.1 Failure to obtain approval to bring a dead body into a cemetery 50 3 5.2(1) Unauthorised digging, preparation or filling of grave 50 4 5.3(1) Unauthorised burial of dead body 50 5 5.4(1) Unauthorised disposal of ashes 50 6 5.5(1) Unauthorised reopening of a grave 50 7 5.6(1) Unauthorised exhumation of a coffin or shroud 50 8 5.7 Unauthorised opening of a coffin or shroud 50 9 7.7 Use of trade name or mark on a memorial 50 10 7.8 Unauthorised use of wood on a gravesite 50 11 8.1 Unauthorised construction of a memorial 50 12 8.2 Unauthorised use of materials taken from within a cemetery 50 13 8.3 Failure to remove rubbish and surplus materials 50 14 8.4 Unauthorised planting of tree or shrub 50 15 8.5 Failure to comply with direction of authorised person 50 16 8.6 Unauthorised placing of grave ornaments 50 17 8.7 Works carried out during unauthorised times 50 18 8.8 Failure to leave uncompleted works in a tidy and safe condition 50 19 9.1(1) Driving vehicle other than on vehicular access way or constructed roadways or within designated areas 20 9.1(2) Exceeding speed limit 50 21 9.3 Interference with utility services 50 22 9.4 Damaging or removing object 50 23 9.5 Failure to dispose of withered flowers appropriately 50 24 9.6 Littering or vandalism within a cemetery 50 25 9.7 Unauthorised advertising and/or trading 50 26 9.8(2) Failure to obey sign or lawful direction within cemetery 50 27 9.9(2) Failure to comply with order to leave cemetery 50 28 9.11(1) Display of offensive materials, wording, symbols or images 50 29 9.13 Failure to comply with notice within specified period 50 ————

5104 GOVERNMENT GAZETTE, WA 3 November 2022

SCHEDULE 2—INFRINGEMENT NOTICE [cl. 10.2(3)] Infringement Notice INFRINGEMENT NUMBER— To— Address— It is alleged that— Cemetery address— At— Time On— Date You committed the following offence— Contrary to— Shire of Dumbleyung Cemeteries Local Law 2022 Schedule 1 reference— Item No.— Clause— Offence— Brief description— The modified penalty for the offence is— $ If you do not wish to have a complaint of the alleged offence heard and determined by a court, the amount of the modified penalty may be paid at the Shire of Dumbleyung within a period of 28 days after the giving of this notice. Name of authorised person— Position— Signature— Date— Payments may be made— (a) EFT to the Shire of Dumbleyung specifying the infringement number (b) In person at—Shire of Dumbleyung, Harvey Street, Dumbleyung during business hours (c) By mail to—Shire of Dumbleyung PO Box 99, Dumbleyung 6350 Please make cheques payable to Shire of Dumbleyung. If the penalty is not paid within the time specified, then a complaint of the alleged offence may be made and heard and determined by a court. ————

3 November 2022 GOVERNMENT GAZETTE, WA 5105

SCHEDULE 3—WITHDRAWAL OF INFRINGEMENT NOTICE [cl. 10.2(4)] Withdrawal of Infringement Notice No. .................... Date ............ / ............. / ............. To: [1] Infringement Notice No dated____//for the alleged offence of [2] Penalty [3] $ is withdrawn. (Delete whichever does not apply)

• No further action will be taken.
• It is proposed to institute court proceedings for the alleged offence. (Authorised Person) [1] Insert name and address of alleged offender. [2] Insert short particulars of offence alleged. [3] Insert amount of penalty prescribed. ————

3 November 2022 GOVERNMENT GAZETTE, WA 5107 CONTROL OF REFUSE ON BUILDING SITES REPEAL LOCAL LAW 2022 Under the powers conferred by the Local Government Act 1995 and all other powers enabling it, the This local law is cited as the Shire of Dumbleyung Control of Refuse on Building Sites Repeal Local Law 2022. This Local Law repeals the Shire of Dumbleyung Control of Refuse on Building Sites Local Law 2002 as published in the Government Gazette on 21 March 2003. ————

3 November 2022 GOVERNMENT GAZETTE, WA 5109 DOG ACT 1976 PART 2—IMPOUNDING OF DOGS 2.1 Fees and charges 2.2 Attendance of authorised person at dog management facility 2.3 Release of impounded dog 2.4 Unauthorised release PART 3—KEEPING OF DOGS 3.1 Dogs to be confined 3.2 Limitation on the number of dogs 3.3 Application to keep additional dog or dogs 3.4 Determination of application 3.5 Where application cannot be approved 3.6 Conditions of approval 3.7 Revocation of licence to keep additional dogs PART 4—APPROVED KENNEL ESTABLISHMENTS 4.1 Application for licence for approved kennel establishment 4.2 Notice of proposed use 4.3 Exemption from notice requirements 4.4 When application can be determined 4.5 Determination of application 4.6 Where application cannot be approved 4.7 Conditions of approval 4.8 Fees 4.9 Form of licence 4.10 Period of licence 4.11 Variation or cancellation of licence 4.12 Transfer 4.13 Notification 4.14 Objections and appeals 4.15 Inspection of kennel PART 5—DOGS IN PUBLIC PLACES 5.1 Places where dogs are prohibited absolutely 5.2 Places which are dog exercise areas PART 6— MISCELLANEOUS 6.1 Fees and charges 6.2 Offence to excrete PART 7— ENFORCEMENT 7.1 Offences 7.2 General penalty 7.3 Modified penalties 7.4 Issue of infringement notice 7.5 Failure to pay modified penalty 7.6 Payment of modified penalty

5110 GOVERNMENT GAZETTE, WA 3 November 2022 7.7 Withdrawal of infringement notice 7.8 Service of notices SCHEDULE 1—INFORMATION REQUIRED FOR APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT SCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT SCHEDULE 3—PRESCRIBED OFFENCES

3 November 2022 GOVERNMENT GAZETTE, WA 5111 DOG ACT 1976 Under the powers conferred by the Dog Act 1976, the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Dumbleyung resolved on 15 September 2022 to make the following local law. This local law may be cited as the Shire of Dumbleyung Dogs Local Law 2022. This local law repeals the Shire of Dumbleyung Dogs Local Law 2002 published in the Government Gazette on 21 March 2003. In this local law unless the context otherwise requires— Act means the Dog Act 1976; adjoining includes land or premises which have a portion of a common boundary with a lot or is separated from that lot by a public reserve, road, right-of-way, pedestrian access way, access leg of a battle-axe lot or the equivalent not more than 6 metres in width; authorised person means a person appointed by the local government to perform all or any of the functions conferred on an authorised person under this local law; CEO means the Chief Executive Officer for the local government; dangerous dog has the meaning given to it by section 3(1) of the Act; district means the district of the Shire of Dumbleyung; dog management facility has the meaning given to it in section 3(1) of the Act; infringement notice means the notice referred to in clause 7.4; kennel establishment means any premises where more than the number of dogs under clause 3.2(2) over the age of three months are kept, boarded, trained or bred temporarily, usually for profit and where the occupier of the premises is not the ordinary keeper of the dogs; licence means a licence to keep an approved kennel establishment on premises granted under clause 4.7; licensee means the holder of a licence granted under clause 4.7; local planning scheme means a planning scheme of the local government made under the Planning and Development Act 2005; notice of withdrawal means the notice referred to in clause 7.7(1); owner, in relation to a dog, has the same meaning as in section 3(1) and (2) of the Act; person liable for the control of the dog has the same meaning as in section 3(1) of the Act; premises in addition to the meaning given to it in section 3 of the Act, means the premises described in the application for a licence made under clause 4.1; public place has the meaning given to it by section 3(1) of the Act; Regulations means the Dog Regulations 2013; Schedule means a schedule to this local law; set fee means a fee or charge made by the local government in accordance with clause 2.1 or clause 4.8; thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995; townsite means land constituted, defined, or reserved as the site of a town or village under the Land Administration Act 1997; and transferee means a person who applies for the transfer of a licence to her or him under clause 4.12.

5112 GOVERNMENT GAZETTE, WA 3 November 2022 PART 2—IMPOUNDING OF DOGS 2.1 Fees and charges The following are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995— (a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding of a dog; (b) the additional set fee payable under section 29(4) of the Act where a dog is released at a time or on a day other than those determined under clause 2.2; and (c) application for additional costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act. 2.2 Attendance of authorised person at dog management facility An authorised person is to be in attendance at the dog management facility for the release of dogs at the times and on the days of the week as determined by the CEO. 2.3 Release of impounded dog (1) A claim for the release of a dog seized and impounded is to be made to an authorised person. (2) An authorised person is not to release a dog seized and impounded to any person unless that person has produced, to the satisfaction of an authorised person, evidence— (a) of her or his ownership of the dog or of her or his authority to take delivery of it; or (b) that he or she is the person identified as the owner on a microchip implanted in the dog. 2.4 Unauthorised release Unauthorised release of dogs is dealt with by section 43 of the Act. PART 3—KEEPING OF DOGS 3.1 Dogs to be confined (1) An occupier of premises on which a dog is kept must— (a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of confining the dog; (b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height and construction which having regard to the breed, age, size and physical condition of the dog is capable of preventing the dog at all times from passing over, under or through it; (c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the premises (unless the gate is temporarily opened in a manner that ensures that the dog remains confined) and is fitted with a proper latch or other means of fastening it; (d) maintain the fence and all gates and doors in the fence in good order and condition; and (e) where no part of the premises consists of open space, yard or garden or there is no open space or garden or yard of which the occupier has exclusive use or occupation, ensure that other means exist on the premises (other than the tethering of the dog) for effectively confining the dog within the premises. (2) Where an occupier fails to comply with subclause (1), he or she commits an offence. (3) Notwithstanding subclause (1) and (2), the confinement of dangerous dogs is dealt with in the Act and the Regulations. 3.2 Limitation on the number of dogs (1) This clause does not apply to premises which have been— (a) licensed under Part 4 of this local law as an approved kennel establishment; or (b) granted an exemption under section 26(3) of the Act. (2) The limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(3) of the Act— (a) two dogs over the age of three months and the young of those dogs under that age if the premises are situated within a townsite; or (b) six dogs over the age of three months and the young of those dogs under that age if the premises situated outside a townsite. 3.3 Application to keep additional dog or dogs (1) Subject to clause 3.5, the local government may consider an application to keep an additional dog or dogs where— (a) the property is deemed suitable by an authorised person— (i) having sufficient space capable of confining all dogs; (ii) noise, odours, fleas, flies and other vectors of disease will be effectively controlled; and (iii) the care and welfare of the dogs is considered adequate; (b) the details of every dog proposed to be kept on the premises are provided including name, age, colour/description, breed, registration number and microchip details; and

3 November 2022 GOVERNMENT GAZETTE, WA 5113 (c) sufficient reason has been provided, including— (i) to replace an elderly or sick dog not expected to live; (ii) a family emergency resulting in the dog being inherited; (iii) merging of two households; (iv) where the applicants have had approval to keep an additional dog or dogs in another local authority; or (v) on premises zoned as rural or rural residential under a local planning scheme, the dog or dogs are required for stock management or to be on the premises temporarily for the purposes of training for stock management. (d) in the case of a tenanted property provide written consent by either the landowner or their appointed property owner 3.4 Determination of application In determining an application for a licence, the local government is to have regard to— (a) the matters referred to in clause 3.3; (b) the effect which approval of the application may have on the environment or amenity of the neighbourhood; (c) whether approval of the application will create a nuisance for the owners and occupiers of adjoining premises. 3.5 Where application cannot be approved The local government will not approve an application to keep an additional dog or dogs where it exceeds the limit of six (6) referred to in the Act. 3.6 Conditions of approval (1) The local government may approve an application to keep an additional dog or dogs subject to any conditions as considered appropriate. (2) Approval of an application is not transferable to successive owners or occupiers of the premises. (3) A person who fails to comply with a condition imposed under subclause (1) commits an offence. 3.7 Revocation of licence to keep additional dogs Where a person does not comply with the conditions of approval to keep an additional dog or dogs under clause 3.6 the local government may revoke the approval to keep an additional dog or dogs. PART 4—APPROVED KENNEL ESTABLISHMENTS 4.1 Application for licence for approved kennel establishment An application for a licence must contain the information listed in Schedule 1, and must be lodged with the local government together with— (a) a written acknowledgement that the applicant has read and agrees to comply with any code of practice relating to the keeping of dogs nominated by the local government; (b) any other information reasonably required by the local government; and (c) the set fee for the application for a licence referred to in clause 4.8(1). 4.2 Notice of proposed use (1) An applicant for a licence must give notice of the proposed use of the premises as an approved kennel establishment after the application for a licence has been lodged— (a) once in a newspaper circulating in the district; and (b) to the owners and occupiers of any premises adjoining the premises. (2) The notices in subclause (1) must specify that— (a) any written submissions as to the proposed use are to be lodged with the local government within 14 days of the date the notice is given; and (b) the application plans and specifications may be inspected at the offices of the local government. (3) The local government may refuse to determine the application for a licence until the notice or notices, as the case may be, is given in accordance with its directions where— (a) a notice given under subclause (1) does not clearly identify the premises; or (b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in the opinion of the local government, would fail to serve the purpose of notifying persons of the proposed use of the premises. 4.3 Exemption from notice requirements The requirements of clauses 4.2 and 4.4(a) and Schedule 1 clause 5(c) do not apply in respect of the application for a licence where under a local planning scheme an application for a licence is made in respect of premises on which an approved kennel establishment is either a— (a) permitted use; or (b) use which the local government may approve subject to compliance with specified notice requirements.

5114 GOVERNMENT GAZETTE, WA 3 November 2022 4.4 When application can be determined An application for a licence is not to be determined by the local government until— (a) the applicant has complied with clause 4.2; (b) the applicant submits proof that the notices referred to in clause 4.2(1) have been given in accordance with that clause; and (c) the local government has considered any written submissions received within the time specified in clause 4.2(2)(a) on the proposed use of the premises. 4.5 Determination of application In determining an application for a licence, the local government is to have regard to— (a) the matters referred to in clause 4.6; (b) any written submissions received within the time specified in clause 4.2(2)(a) on the proposed use of the premises; (c) any economic or social benefits which may be derived by any person in the district if the application for a licence is approved; (d) the effect which the kennel establishment may have on the environment or amenity of the neighbourhood; (e) whether the approved kennel establishment will create a nuisance for the owners and occupiers of adjoining premises; and (f) whether or not the imposition of and compliance with appropriate conditions of a licence will mitigate any adverse effects of the approved kennel establishment identified in the preceding paragraphs. 4.6 Where application cannot be approved The local government cannot approve an application for a licence where— (a) an approved kennel establishment cannot be permitted by the local government on the premises under a local planning scheme; or (b) an applicant for a licence or another person who will have the charge of the dogs will not reside on the premises, or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare. 4.7 Conditions of approval (1) The local government may approve an application for a licence subject to the conditions contained in Schedule 2 and to such other conditions as the local government considers appropriate. (2) In respect of a particular application for a licence, the local government may vary any of the conditions contained in Schedule 2. (3) A person who fails to comply with a condition imposed under subclause (1) commits an offence. 4.8 Fees (1) On lodging an application for a licence, the applicant is to pay a set fee to the local government. (2) On the issue or renewal of a licence, the licensee is to pay a set fee to the local government. (3) On lodging an application for the transfer of a valid licence, the transferee is to pay a set fee to the local government. (4) The set fees referred to in subclauses (1) to (3) are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. 4.9 Form of licence The licence is to be in the form determined by the local government from time to time and is to be issued to the licensee. 4.10 Period of licence (1) The period of effect of a licence is set out in section 27(5) of the Act. (2) A licence is to be renewed if the set fee referred to in clause 4.8(2) is paid to the local government prior to the expiry of the licence. (3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have effect. 4.11 Variation or cancellation of licence (1) The local government may vary the conditions of a licence. (2) The local government may cancel a licence— (a) on the request of the licensee; (b) following a breach of the Act, the Regulations or this local law; or (c) if the licensee is not a fit and proper person. (3) The date a licence is cancelled is to be, in the case of— (a) subclause (2)(a), the date requested by the licensee; or (b) subclause (2)(b) or (c), the date determined under section 27(6) of the Act.

3 November 2022 GOVERNMENT GAZETTE, WA 5115 (4) If a licence is cancelled the set fee paid for that licence is not refundable for the term of the licence that has not yet expired. 4.12 Transfer (1) A written application for the transfer of a valid licence from the licensee to another person must be— (a) made by the transferee; (b) made with the written consent of the licensee; and (c) lodged with the local government together with— (i) written evidence that a person will reside at or within reasonably close proximity to the premises the subject of the licence; (ii) the set fee for the application for the transfer of a licence referred to in clause 4.8(3); and (iii) any other relevant information required. (2) The local government is not to determine an application for the transfer of a valid licence until the transferee has complied with subclause (1). (3) The local government may approve, whether or not subject to such conditions as it considers appropriate, or refuse to approve an application for the transfer of a valid licence. (4) Where the local government approves an application for the transfer of a valid licence, then on the date of approval, unless otherwise specified in the notice issued under clause 4.13(b), the transferee becomes the licensee of the licence for the purposes of this local law. 4.13 Notification The local government is to give written notice to— (i) an applicant for a licence of the local government’s decision on her or his application; (ii) a transferee of the local government’s decision on her or his application for the transfer of a valid licence; (iii) a licensee of any variation made under clause 4.11(1); (iv) a licensee when her or his licence is due for renewal and the manner in which it may be renewed; (v) a licensee when her or his licence is renewed; (vi) a licensee of the cancellation of a licence under clause 4.11(2)(a); and (vii) a licensee of the cancellation of a licence under clause 4.11(2)(b) or (c), which notice is to be given in accordance with section 27(6) of the Act. 4.14 Objections and appeals (1) The provisions of Division 1 of Part 9 of the Local Government Act 1995 and regulation 33 of the Local Government (Functions and General) Regulations 1996 apply to a decision where the local government makes a decision as to whether it will— (a) grant an application for a licence; (b) vary or cancel a licence; (c) impose or amend a condition to which a licence is subject; or (d) transfer of a licence. (2) Under these provisions, an affected person may have the right to object to, or to appeal against, a decision of the local government. 4.15 Inspection of kennel With the consent of the occupier, an authorised person may inspect an approved kennel establishment at any time. PART 5—DOGS IN PUBLIC PLACES 5.1 Places where dogs are prohibited absolutely Designation of places where dogs are prohibited absolutely is dealt with in the Act. 5.2 Places which are dog exercise areas Designation of places which are dog exercise areas is dealt with in the Act. PART 6— MISCELLANEOUS 6.1 Fees and charges Set fees and charges are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. 6.2 Offence to excrete (1) A dog must not excrete on— (a) any thoroughfare or other public place; or (b) any land which is not a public place without the consent of the occupier.

5116 GOVERNMENT GAZETTE, WA 3 November 2022 (2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the control of the dog at that time commits an offence. (3) The person liable for the control of the dog does not commit an offence against subclause (2) if any excreta is removed immediately by that person. (4) Notwithstanding clause 7.2, the maximum penalty for an offence under subclause (1) is $1000. PART 7— ENFORCEMENT 7.1 Offences A person who fails to do anything required or directed to be done under this local law, or who does 7.2 General penalty A 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 an additional penalty not exceeding $100 for each day or part of the day during which the offence has continued. 7.3 Modified penalties (1) The offences contained in Schedule 3 are offences in relation to which a modified penalty may be imposed. (2) The amount appearing in the fourth column of Schedule 3 directly opposite an offence is the modified penalty payable in respect of that offence if the dog is not a dangerous dog. (3) The amount appearing in the fifth column of Schedule 3 directly opposite an offence is the modified penalty payable in respect of that offence if the dog is a dangerous dog. 7.4 Issue of infringement notice Where an authorised person has reason to believe that a person has committed an offence in respect of which a modified penalty may be imposed, he or she may issue to that person a notice in the form of Form 2 of Schedule 1 of the Local Government (Functions and General) Regulations 1996. 7.5 Failure to pay modified penalty Where a person who has received an infringement notice fails to pay the modified penalty within the time specified in the notice, or within such further time as may in any particular case be allowed by an authorised person, he or she is deemed to have declined to have the offence dealt with by way of a modified penalty. 7.6 Payment of modified penalty A person who has received an infringement notice may, within the time specified in that notice or within such further time as may in any particular case be allowed by an authorised person, send or deliver to the local government the amount of the penalty, with or without a reply as to the circumstances giving rise to the offence, and the local government may appropriate that amount in satisfaction of the penalty and issue an acknowledgment. 7.7 Withdrawal of infringement notice (1) Whether or not the modified penalty has been paid, an authorised person may withdraw an infringement notice by sending a notice in the form of Form 3 of Schedule 1 of the Local Government (Functions and General) Regulations 1996. (2) A person authorised to issue an infringement notice under clause 7.4 cannot sign or send a notice of withdrawal. 7.8 Service of notices An infringement notice or a notice of withdrawal may be served on a person personally, or by leaving it at or posting it to her or his address as ascertained from her or him, or as recorded by the local government under the Act, or as ascertained from inquiries made by the local government. ————

3 November 2022 GOVERNMENT GAZETTE, WA 5117 SCHEDULE 1—INFORMATION REQUIRED FOR APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT [cl. 4.1]

1. Details of applicants— (a) Full name/s of applicant/s; (b) Postal address; (c) Telephone number; (d) Mobile number; (e) Fax number; and (f) E-mail address. (g) Address of proposed premises. (h) Dogs to be kept— (a) Number; and (b) Breed. (i) Either— (a) Person residing on the premises— (i) Name; (ii) As from; and (iii) Mobile phone number, or (b) Person sufficiently close to the premises so as to control the dogs and ensure their health and welfare— (i) Name; (ii) Address; (iii) As from; and (iv) Mobile phone number. (j) To be included— (a) a site plan of the premises showing the location of the kennels and yards and all other buildings and structures and fences; (b) plans and specifications of the proposed kennel establishment; (c) copy of notice of proposed use to appear in newspaper and to be given to adjoining premises under clause 4.2; (d) written evidence that a person will reside— (i) at the premises; or (ii) sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare; and (e) if the person in item (d) is not the applicant, written evidence that the person is a person in charge of the dogs. (k) Signature of applicant/s. (l) Date. ———— SCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT [cl. 4.7] An application for a licence for an approved kennel establishment may be approved subject to the following conditions— (a) each kennel, unless it is fully enclosed, must have a yard attached to it; (b) each kennel and each yard must be at a distance of not less than— (i) 25 metres from the front boundary of the premises and 5 metres from any other boundary of the premises; (ii) 10 metres from any dwelling; and (iii) 25 metres from any church, school room, hall, factory, dairy or premises where food is manufactured, prepared, packed or stored for human consumption; (c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or netting or other materials approved by the local government; (d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the breed of dog (when it is fully grown), squared, times the number of dogs to be housed in the kennel and the length of the dog is to be determined by measuring from the base of the tail to the front of its shoulder;

5118 GOVERNMENT GAZETTE, WA 3 November 2022 (e) the floor area of the yard attached to any kennel or group of kennels must be at least twice the floor area of the kennel or group of kennels to which it is attached; (f) the upper surface of the kennel floor must be— (i) at least 100 millimetres above the surface of the surrounding ground; (ii) smooth so as to facilitate cleaning; (iii) rigid; (iv) durable; (v) slip resistant; (vi) resistant to corrosion; (vii) non-toxic; (viii) impervious; (ix) free from cracks, crevices and other defects; and (x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in turn must lead to a suitably sized diameter sewerage pipe which must be properly laid, ventilated and trapped in accordance with the health requirements of the local (g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to approved apparatus for the treatment of sewage in accordance with the health requirements of (h) the kennel floor must have a durable up-stand rising 75 millimetres above the floor level from the junction of the floor and external and internal walls, or internal walls must be so constructed as to have a minimum clearance of 50 millimetres from the underside of the bottom plate to the floor; (i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of any kennel; (j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of— (i) 2000 millimetres; or (ii) four times the height of the breed of dog in the kennel, when it is fully grown, measured from the floor to the uppermost tip of its shoulders while in a stationary upright position; (k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted internally and externally with good quality new zincalume or new pre-finished colour coated steel sheeting or new fibrous cement sheeting or other durable material approved by the local (l) all external surfaces of each kennel must be kept in good condition; (m) the roof of each kennel must be constructed of impervious material; (n) all kennels and yards and drinking vessels must be maintained in a clean condition and must be cleaned and disinfected when so ordered by an authorised person; (o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for the treatment of sewage; (p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled; (q) suitable water must be available at the kennel via a properly supported standpipe and tap; and (r) the licensee or the person nominated in the application for a licence, must, in accordance with the application for the licence, continue to reside— (i) at the premises; or (ii) in the opinion of the local government, sufficiently close to the premises so as to control the dogs, and to ensure their health and welfare. ————

3 November 2022 GOVERNMENT GAZETTE, WA 5119 SCHEDULE 3—PRESCRIBED OFFENCES [cl. 7.3(1)] penalty $ Dangerous Dog Modified Penalty $ 1 3.1 Failing to provide means for effectively confining a dog

200 As per Regulations 2 3.6 Failure to comply with conditions of approval to keep additional dog or dogs 200 500 3 4.7 Failure to comply with the conditions of a licence 200 200 4 6.2 Dog excreting in prohibited place 100 100 ————

3 November 2022 GOVERNMENT GAZETTE, WA 5121 1.3 Definitions 1.5 Transition 1.6 Repeal PART 2—LICENSING REQUIREMENTS FOR AN EXTRACTIVE INDUSTRY 2.1 Extractive industries prohibited without licence 2.2 Applicant to advertise proposal 2.3 Application for licence PART 3—DETERMINATION OF APPLICATION 3.1 Determination of application 3.2 Payment of annual licence fee PART 4—TRANSFER, CANCELLATION AND RENEWAL OF LICENCE 4.1 Transfer of licence 4.2 Cancellation of licence 4.3 Renewal of licence 4.4 Notice of outcome PART 5—SECURED SUM AND APPLICATION THEREOF 5.1 Security for restoration and reinstatement 5.2 Use by local government of secured sum PART 6—LIMITATIONS, OBLIGATIONS OF THE LICENSEE AND PROHIBITIONS 6.1 Limits on excavation near boundary 6.2 Obligations of the licensee 6.3 Prohibitions 6.4 Blasting PART 7—MISCELLANEOUS PROVISIONS 7.1 Public liability 7.2 Mines Safety and Inspection Act and Environment Protection Act 7.3 Notice of cessation of operations 7.4 Works to be carried out on cessation of operations PART 8—OBJECTIONS AND APPEALS 8.1 Objection and review rights PART 9— OFFENCES, PENALTIES AND FORMS 9.1 Offences 9.2 Modified penalties 9.4 Forms

5122 GOVERNMENT GAZETTE, WA 3 November 2022 Under the powers conferred by the Local Government Act 1995 and by all other powers, the local government of the Shire of Dumbleyung resolved on 15 September 2022 to make the following local law. This local law may be cited as the Shire of Dumbleyung Extractive Industries Local Law 2022. 1.3 Definitions Act means the Local Government Act 1995; AS means an Australian Standard published by Standards Australia, as amended from time to time, and available for viewing free of charge at the Shire of Dumbleyung Administration office; carry on an extractive industry means quarrying and excavating for stone, gravel, sand, and other material; excavation includes quarry; land unless the context otherwise requires, means the land on which the applicant proposes carrying on the extractive industry to which the licence application relates; licence means a licence issued under this local law; licensee means the person named in the licence as the licensee; occupier has the meaning given to it in the Act; owner has the meaning given to it in the Act; person does not include the local government; planning approval means an approval for a development and/or a land use that is issued under a local planning scheme administered by the local government; secured sum means the sum required to be paid or the amount of a bond, guarantee or other security under clause 5.1; Schedule means a schedule to this local law; and site means the land specified by the local government in a licence. (1) The provisions of this local law— (a) subject to paragraphs (b), (c), (d) and (e)— (i) apply and have force and effect throughout the whole of the district; and (ii) apply to every excavation whether commenced prior to or following the coming into operation of this local law; (b) do not apply to the extraction of minerals under the Mining Act 1978; (c) do not apply to the carrying on of an extractive industry on Crown land; (d) do not apply to the carrying on of an extractive industry on land by the owner or occupier of that land for use on that land; and (e) do not affect the validity of any licence issued under the local law repealed by clause 1.6 of this local law if that licence is currently in force at the date of gazettal of this local law. (2) In subclause (1)(d), land includes adjoining lots or locations in the same occupation or ownership of the owner or occupier referred to in subclause (1)(d). 1.5 Transitional provisions (1) Within 90 days of commencement of this local law or within 90 days of the date of the annual licence fee of a previous licence becoming due and payable (under clause 3.2), the local government may in respect of the licence— (a) vary or delete a condition; or

3 November 2022 GOVERNMENT GAZETTE, WA 5123 (b) impose one or more other conditions, as specified in clause 3.1(5). (2) A condition that is varied, deleted or imposed under subclause (1) does not become effective until 90 days (or longer period that is specified by the local government) after written notice of the condition is given by the local government to the licensee. 1.6 Repeal This local law repeals the Shire of Dumbleyung Extractive Industries Local Law 2002 as published in the Government Gazette on 21 March 2003. PART 2—LICENSING REQUIREMENTS FOR AN EXTRACTIVE INDUSTRY 2.1 Extractive industries prohibited without licence A person must not carry on an extractive industry— (a) unless the person is the holder of a valid and current licence; and (b) otherwise than in accordance with any terms and conditions set out in, or applying in respect of, the licence. 2.2 Applicant to advertise proposal (1) Unless the local government first approves otherwise, a person seeking the issue of a licence shall, before applying to the local government for a licence— (a) forward by registered mail a notice in the form determined by the local government from time to time to— (i) the owners and occupiers of all land adjoining the land upon which it is proposed to excavate, or within an area determined by the local government as likely to be affected by the granting of a licence, advising of the application and specifying that they may, within 21 days from the date of service of the letter, object to or make representations in writing in respect of the issue of a licence by the local government; (ii) every authority or person having control or jurisdiction over any of the things referred to in clause 2.3(1)(a)(vii) and (viii) within 500 metres from the boundaries of the land, or within an area determined by the local government as likely to be affected by the granting of a licence; and (b) as soon as practicable after complying with the requirements of paragraph (a)— (i) forward a copy of the notice to the CEO; and (ii) publish the notice in a newspaper circulating in the area in which the proposed excavation is located. (2) The local government may, within 14 days after receiving a copy of a notice referred to in subclause (1), cause to be displayed, or require the proposed applicant to display, in a prominent position on the land one or more notices— (a) in the form determined by the local government from time to time; (b) the content, size and construction of which have been approved by the CEO; (c) specifying particulars of the proposed excavation; and (d) inviting objections or comments within 21 days from the placement of the notice. 2.3 Application for licence (1) Subject to subclause (3), a person seeking the issue of a licence in respect of any land shall apply in the form determined by the local government from time to time and must forward the application duly completed and signed by each of the applicants, the owner of the land and any occupier of the land to the CEO together with— (a) three (3) copies of a plan of the excavation site to a scale of between 1:500 and 1:2000 showing— (i) the existing and proposed land contours based on the Australian Height Datum and plotted at 1 metre contour intervals; (ii) the land on which the excavation site is to be located; (iii) the external surface dimensions of the land; (iv) the location and depth of the existing and proposed excavation of the land; (v) the location of existing and proposed thoroughfares or other means of vehicle access to and egress from the land and to public thoroughfares in the vicinity of the land; (vi) the location of buildings, treatment plant, tanks and other improvements and developments existing on, approved for or proposed in respect of the land; (vii) the location of existing power lines, telephone cables and any associated poles or pylons, sewers, pipelines, reserves, bridges, railway lines and registered grants of easement or other encumbrances over, on, under or adjacent to or in the vicinity of the land; (viii) the location of all existing dams, watercourses, drains or sumps on or adjacent to the land; (ix) the location and description of existing and proposed fences, gates and warning signs around the land; and (x) the location of the areas proposed to be used for stockpiling excavated material, treated material, overburden and soil storage on the land and elsewhere;

5124 GOVERNMENT GAZETTE, WA 3 November 2022 (b) Three (3) copies of a works and excavation programme containing— (i) the nature and estimated duration of the proposed excavation for which the licence is applied; (ii) the stages and the timing of the stages in which it is proposed to carry out the excavation; (iii) details of the methods to be employed in the proposed excavation and a description of any on-site processing works; (iv) details of the depth and extent of the existing and proposed excavation of the site; (v) an estimate of the depth of and description of the nature and quantity of the overburden to be removed; (vi) a description of the methods by which existing vegetation is to be cleared and topsoil and overburden removed or stockpiled; (vii) a description of the means of access to the excavation site and the types of thoroughfares to be constructed; (viii) details of the proposed number and size of trucks entering and leaving the site each day and the route or routes to be taken by those vehicles; (ix) a description of any proposed buildings, water supply, treatment plant, tanks and other improvements; (x) details of drainage conditions applicable to the land and methods by which the excavation site is to be kept drained; (xi) a description of the measures to be taken to minimise sand drift, dust nuisance, erosion, watercourse siltation and dangers to the general public; (xii) a description of the measures to be taken to comply with the Environmental Protection (Noise) Regulations 1997; (xiii) a description of the existing site environment and a report on the anticipated effect that the proposed excavation will have on the environment in the vicinity of the land; (xiv) details of the nature of existing vegetation, shrubs and trees and a description of measures to be taken to minimise the destruction of existing vegetation; and (xv) a description of the measures to be taken in screening the excavation site, or otherwise minimising adverse visual impacts, from nearby thoroughfares or other areas; (c) Three (3) copies of a rehabilitation and decommissioning programme indicating— (i) the objectives of the programme, having due regard to the nature of the surrounding area and the proposed end-use of the excavation site; (ii) whether restoration and reinstatement of the excavation site is to be undertaken progressively or upon completion of excavation operations; (iii) how any face is to be made safe and batters sloped; (iv) the method by which topsoil is to be replaced and revegetated; (v) the numbers and types of trees and shrubs to be planted and other landscaping features to be developed; (vi) how rehabilitated areas are to be maintained; and (vii) the programme for the removal of buildings, plant, waste and final site clean-up; (d) evidence that a datum peg has been established on the land related to a point approved by the local government on the surface of a constructed public thoroughfare or such other land in the vicinity; (e) certificate from a licensed surveyor certifying the correctness of— (i) the plan referred to in paragraph (a); and (ii) the datum peg and related point referred to in paragraph (d); (f) where the applicant is required to display a notice, evidence that the requirements of clause 2.2 (2) have been carried out; (g) copies of all land use planning approvals required under any planning legislation; (h) copies of any environmental approval required under any environmental legislation; (i) copies of any geotechnical information relating to the excavation site; (j) the consent in writing to the application from the owner of the excavation site; (k) the licence application fee specified by the local government from time to time; and (l) any other information that the local government may reasonably require. (2) All survey data supplied by an applicant for the purpose of subclause (1) shall comply with Australian Height Datum and Australian Map Grid standards. (3) Where in relation to a proposed excavation— (a) the surface area is not to exceed 5000 square metres; and (b) the extracted material is not to exceed 5000 cubic metres; the local government may exempt a person making application for a licence under subclause (1) from supplying any of the data specified in paragraphs (b), (d), (e) and (i) of subclause (1).

3 November 2022 GOVERNMENT GAZETTE, WA 5125 PART 3—DETERMINATION OF APPLICATION 3.1 Determination of application (1) The local government may refuse to consider an application for a licence that does not comply with the requirements of clause 2.3, and in any event shall refuse an application for a licence where planning approval for an extractive industry use of the land has not first been obtained. (2) The local government may, in respect of an application for a licence— (b) approve the application— (i) over the whole or part of the land in respect of which the application is made; and (ii) such terms and conditions, if any, as it sees fit. (3) Where the local government approves an application for a licence, it shall— (a) determine the licence period, not exceeding 5 years from the date of issue; and (b) approve the issue of a licence in the form determined by the local government from time to time. (4) Where the local government approves the issue of a licence, the CEO upon receipt by the local government of— (a) payment of the annual licence fee, or the relevant proportion of the annual licence fee to

30 June, determined by the local government under and in accordance with sections 6.16 to 6.19 of the Local Government Act 1995; (b) payment of the secured sum if any, imposed under clause 5.1; (c) the documents, if any, executed to the satisfaction of the CEO, under clause 5.1; and (d) a copy of the public liability insurance policy required under clause 7.1(1) shall issue the licence to the applicant. (5) Without limiting subclause (2), the local government may impose conditions in respect of the following matters— (a) the orientation of the excavation to reduce visibility from other land; (b) the appropriate siting of access thoroughfares, buildings and plant; (c) the stockpiling of material; (d) the hours during which any excavation work may be carried out; (e) the hours during which any processing plant associated with, or located on, the site may be operated; (f) requiring all crushing and treatment plant to be enclosed within suitable buildings to minimise the emission of noise, dust, vapour and general nuisance to the satisfaction of the local (g) the depths below which a person shall not excavate; (h) distances from adjoining land or thoroughfares within which a person must not excavate; (i) the safety of persons employed at or visiting the excavation site; (j) the control of dust and wind-blown material; (k) the planting, care and maintenance of trees, shrubs and other landscaping features during the time in which the extractive industry is carried out in order to effectively screen the area to be excavated and to provide for progressive rehabilitation; (l) the prevention of the spread of dieback or other disease; (m) the drainage of the excavation site and the disposal of water; (n) the restoration and reinstatement of the excavation site, the staging of such works, and the minimising of the destruction of vegetation; (o) the provision of retaining walls to prevent subsidence of any portion of the excavation or of land abutting the excavation; (p) requiring the licensee to furnish to the local government a surveyor’s certificate each year, prior to the renewal fee being payable, to certify the quantity of material extracted and that material has not been excavated below the final contour levels outlined within the approved excavation programme; (q) requiring the licensee to enter into an agreement with the local government by which it agrees to pay any extraordinary expenses incurred by the local government in repairing damage caused to thoroughfares in the district by heavy or extraordinary traffic conducted by or on behalf of the licensee under the licence; (r) requiring the licensee to enter into an agreement with the local government in respect of any condition or conditions imposed under this local law; and (s) any other matter for properly regulating the carrying on of an extractive industry. 3.2 Payment of annual licence fee On or before 30 June in each year, a licensee shall pay to the local government the annual licence fee determined by the local government under and in accordance with sections 6.16 to 6.19 of the Act.

5126 GOVERNMENT GAZETTE, WA 3 November 2022 PART 4—TRANSFER, CANCELLATION AND RENEWAL OF LICENCE 4.1 Transfer of licence (1) An application for the transfer of a licence shall— (a) be made in writing; (b) be signed by the licensee and the proposed transferee of the licence; (c) be accompanied by the current licence; (d) be accompanied by the consent in writing to the transfer from the owner of the excavation site; (e) include any information that the local government may reasonably require; and (f) be forwarded to the CEO together with the fee determined by the local government from time to time. (2) Upon receipt of any application for the transfer of a licence, the local government may— (b) approve the application on such terms and conditions, if any, as it sees fit. (3) Where the local government approves an application for the transfer of a licence, the local government shall transfer the licence by an endorsement on the licence in the form determined by the local government in accordance with sections 6.16 to 6.19 of the Act, signed by the CEO. (4) Where the local government approves the transfer of a licence it shall not be required to refund any part of the fees paid by the former licensee in respect of the transferred licence. 4.2 Cancellation of licence (1) The local government may cancel a licence where the licensee has— (a) been convicted of an offence against— (i) this local law; or (ii) any other law relating to carrying on an extractive industry; (b) transferred or assigned or attempted to transfer or assign the licence without the consent of (c) permitted another person to carry on an extractive industry otherwise than in accordance with the terms and conditions of the licence and of the provisions of this local law; (d) failed to pay the annual licence fee under clause 3.2; or (e) failed to have a current public liability insurance policy under clause 7.1 (1) or failed to provide a copy of the policy or evidence of its renewal as the case may be, under clause 7.1 (2). (2) Where the local government cancels a licence under this clause— (a) the local government shall advise the licensee in writing of the cancellation; (b) the cancellation takes effect on and from the day on which the licensee is served with the cancellation advice; and (c) the local government shall not be required to refund any part of the fees paid by the licensee in respect of the cancelled licence. 4.3 Renewal of licence (1) A licensee who wishes to renew a licence must apply in writing to the local government at least 45 days before the date of expiry of the licence and shall submit with the application for renewal— (a) the fee determined by the local government from time to time; (b) a copy of the current licence; (c) a plan showing the contours of the excavation carried out to the date of that application; (d) details of the works, excavation and rehabilitation stages reached and of any changes or proposed changes with respect to any of the things referred to in clauses 2.3 (1) (b) and (c); and (e) any other things referred to in clauses 2.3 and 3.1. (2) The local government may waive any of the requirements specified in clause 4.3 (1) (d) or (e). (3) If— (a) an application to renew a licence is in relation to land in respect of which the current licence was issued less than 12 months prior to the date from which the new licence if granted would apply; and (b) the methods to be employed in the proposed land excavation are identical to those being employed at the date of the application, then the applicant shall not be obliged, unless otherwise required by the local government to submit details of any of the things referred to in clauses 2.3 and 3.1. (4) Upon receipt of an application for the renewal of a licence, the local government may— (b) approve the application on such terms and conditions, if any, as it sees fit. 4.4 Notice of outcome The local government will provide written notice to an applicant whenever it makes a decision regarding the issue, renewal, transfer or cancellation of a licence.

3 November 2022 GOVERNMENT GAZETTE, WA 5127 PART 5—SECURED SUM AND APPLICATION THEREOF 5.1 Security for restoration and reinstatement (1) For the purpose of ensuring that an excavation site is properly restored or reinstated, the local government may require that— (a) as a condition of a licence; or (b) before the issue of a licence, the licensee shall give to the local government a bond, bank guarantee or other security, of a kind and in a form acceptable to the local government, in or for a sum determined by the local government from time to time. (2) A bond required under subclause (1) is to be paid into a fund established by the local government for the purposes of this clause. (3) Subject to clause 5.2, any interest accrued in respect of the bond paid into the fund under subclause (2) is to be returned to the licensee at the completion of the restoration and reinstatement works required by the licence conditions or otherwise under this local law. 5.2 Use by the local government of secured sum (1) If a licensee fails to carry out or complete the restoration and reinstatement works required by the licence conditions either— (a) within the time specified in those conditions; or (b) where no such time has been specified, within 60 days of the completion of the excavation or portion of the excavation specified in the licence conditions, then, subject to the local government giving the licensee 14 days notice of its intention to do so— (c) the local government may carry out or cause to be carried out the required restoration and reinstatement work or so much of that work as remains undone; and (d) the licensee shall pay to the local government on demand all costs incurred by the local government or which the local government may be required to pay under this clause. (2) The local government may apply the proceeds of any bond, bank guarantee or other security provided by the licensee under clause 5.1 towards its costs under this clause. (3) The liability of a licensee to pay the local government’s costs under this clause is not limited to the amount, if any, secured under clause 5.1. PART 6—LIMITATIONS, OBLIGATIONS OF THE LICENSEE AND PROHIBITIONS 6.1 Limits on excavations near boundary Subject to any licence conditions imposed by the local government, a person shall not, without the written approval of the local government, excavate within— (a) 20 metres of the boundary of any land on which the excavation site is located; (b) 20 metres of any land affected by a registered grant of easement; (c) 40 metres of any thoroughfare; or (d) 40 metres of any watercourse. 6.2 Obligations of the licensee A licensee shall— (a) where the local government so requires, securely fence the excavation to a standard determined by the local government and keep the gateways locked when not actually in use in order to prevent unauthorised entry; (b) erect and maintain warning signs along each of the boundaries of the area excavated under the licence so that each sign— (i) is not more than 200 metres apart; (ii) is not less than 1.8 metres high and not less than 1 metre wide; and (iii) bears the words ‘DANGER EXCAVATIONS KEEP OUT’; (c) except where the local government approves otherwise, drain and keep drained to the local government’s satisfaction any excavation to which the licence applies so as to prevent the accumulation of water; (d) restore and reinstate the excavation site in accordance with the terms and conditions of the licence, the site plans and the works and excavation programme approved by the local (e) take all reasonable steps to prevent the emission of dust, noise, vibration and other forms of nuisance from the excavation site; and (f) otherwise comply with the conditions imposed by the local government in accordance with clause 3.1.

5128 GOVERNMENT GAZETTE, WA 3 November 2022 6.3 Prohibitions A licensee shall not— (a) remove any trees or shrubs within 40 metres (or such lesser distance as may be allowed, in writing, by the local government) of the boundary of any thoroughfare on land in respect of which a licence has been granted, except for the purpose of constructing access thoroughfares, erecting buildings or installing plant for use in connection with the excavation and then only with the express approval of the local government and subject to any conditions which the local government may impose in accordance with clause 3.1; (b) store, or permit to be stored, any explosives or explosive devices on the site to which the licence applies other than with the approval of the local government and the Department of Mines, Industry Regulation and Safety; or (c) fill or excavate, other than in accordance with the terms and conditions of the licence, the site plans and the works and excavation programme approved by the local government. 6.4 Blasting (1) A person shall not carry out or permit to be carried out any blasting in the course of excavating unless— (a) the local government has otherwise given approval in respect of blasting generally or in the case of each blast; (b) subject to subclause (2), the blasting takes place only between the hours of 8.00am and 5.00pm, or as determined by the local government, on Mondays to Fridays inclusive; (c) the blasting is carried out in strict accordance with the AS2187 SAA Explosives Code as amended from time to time, the Mines Safety and Inspection Act 1994, the Environmental Protection Act 1986, and all relevant local laws of the local government; and (d) in compliance with any other conditions imposed by the local government concerning— (i) the time and duration of blasting; (ii) the purposes for which the blasting may be used; and (iii) such other matters as the local government may reasonably require in the interests of the safety and protection of members of the public and of property within the district. (2) A person shall not carry out or permit to be carried out any blasting on a Saturday, Sunday or public holiday except with the prior approval of the local government. PART 7—MISCELLANEOUS PROVISIONS 7.1 Public liability (1) A licensee shall have at all times a current public liability insurance policy taken out in the joint names of the licensee and the local government indemnifying the licensee and the local government for a sum of not less than $20,000,000 in respect of any one claim relating to any of the excavation operations. (2) The licensee shall provide to the local government a copy of the policy taken out under subclause (1), within 14 days after the issue of that policy and shall provide to the local government evidence of renewal within 14 days of each renewal date. 7.2 Mines Safety and Inspection Act and Environmental Protection Act (1) In any case where the Mines Safety and Inspection Act 1994 or the Environmental Protection Act 1986 applies to any excavation carried on or proposed to be carried on at a site, the licensee in respect of that site shall provide to the local government within 14 days full particulars of any inspection or report made under that Act or those Acts. (2) In this clause, the Mines Safety and Inspection Act 1994 and the Environmental Protection Act 1986 include all subsidiary legislation made under those Acts. 7.3 Notice of cessation of operations (1) Where a licensee intends to cease carrying on an extractive industry— (a) temporarily for a period in excess of 12 months; or (b) permanently, the licensee shall, as well as complying with clause 7.4, give the local government written notice of the cessation not later than 1 week after those operations have ceased. (2) Where a licensee has given written notice to the local government of the intention to permanently cease carrying on an extractive industry on the site to which the licence applies the licence is deemed to have expired on the date such cessation is so notified. (3) The temporary or permanent cessation of the carrying on of an extractive industry on a site or the deemed expiration or cancellation of a licence does not entitle the licensee to any refund of any licence fee.

3 November 2022 GOVERNMENT GAZETTE, WA 5129 7.4 Works to be carried out on cessation of operations Where the carrying on of an extractive industry on the site permanently ceases or on the expiration or cancellation of the licence applicable to the site, whichever first occurs, the licensee shall, as well as complying with the provisions of clause 7.3— (a) restore and reinstate the excavated site in accordance with the proposals approved by the local government or in such other manner as the local government may subsequently agree in writing with the licensee; (b) ensure that any face permitted to remain upon the excavation site is left safe with all loose materials removed and where the excavation site is— (i) sand, the sides are sloped to a batter of not more than 1:3 (vertical:horizontal); and (ii) limestone or material other than sand, the sides are sloped to a batter which, in the opinion of the local government, would enable the site to be left in a stable condition; (c) ensure that the agreed floor level of the excavation is graded to an even surface or is otherwise in accordance with the rehabilitation and decommissioning programme approved by the local (d) ensure that all stockpiles or dumps of stone, sand or other materials are left so that no portion of that material can escape onto land not owned or occupied by the licensee nor into any stream, watercourse or drain that is not wholly situated within the land owned or occupied by the licensee; (e) erect retaining walls where necessary to prevent subsidence of land in the vicinity of any excavation; (f) remove from the site all buildings, plant and equipment erected, installed or used for or in relation to the carrying on of an extractive industry on the site and fill all holes remaining after such removal to the level of the surrounding ground and compact such filled holes sufficiently to prevent settling; and (g) break up, scarify, cover with topsoil and plant with grass, trees and shrubs all parts of the site where buildings, plant and equipment were erected or installed and all areas which were used for stockpiling unless otherwise specified under this local law. PART 8—OBJECTIONS AND REVIEW 8.1 Objection and review rights (1) The provisions of Division 1 of Part 9 of the Act and regulation 33 of the Local Government (Functions and General) Regulations 1996 shall apply when the local government makes a decision as to whether it will— (a) grant a person a licence under this local law; or (b) renew, vary, transfer, or cancel a licence that a person has under this local law. (2) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of Schedule 3.1 of the Local Government Act 1995 and any power of entry exercised by the local government under this local law is subject to Part 3, Division 3 of the Local Government Act 1995. PART 9—OFFENCES, PENALTIES AND FORMS 9.1 Offences A person who fails to do anything required or directed to be done under this local law, or who does 9.2 General penalty A 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 an additional penalty no exceeding $500 for each day or part of the day during which the offence has occurred. 9.3 Modified penalty (1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section 9.16 (1) of the Act. (2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in Schedule 1. 9.4 Forms For the purposes of this local law— (a) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; and (b) the form of the notice sent under section 9.20 of the Act withdrawing an infringement notice is that of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. ————

5130 GOVERNMENT GAZETTE, WA 3 November 2022 SCHEDULE 1 PRESCRIBED OFFENCES Extractive Industries Local Law 2022 (clause 9.3) Item Clause Description Modified 1 2.1 Carry on extractive industry without licence or in breach of terms and conditions 2 6.1 Excavate near boundary 500 3 6.2(a) Gateways not kept locked where required 500 4 6.2(b) Warning signs not erected or maintained as required 500 5 6.2(c) Excavation not drained as required 500 6 6.2(e) Failure to prevent the emission of dust, noise or other forms of nuisance 7 6.3(a) Remove trees or shrubs near boundary without approval 500 8 6.3(b) Store without required approval explosives or explosive devices 500 9 6.3(c) Fill or excavate in breach of licence 500 10 6.4(1)(a) Blasting without approval of the local government 500 11 6.4(1)(b) Blasting outside times authorised 500 12 6.4(1)(d) Blasting in breach of conditions imposed by the local government 13 6.4(2) Blasting without approval on Saturday, Sunday or public holiday ————

3 November 2022 GOVERNMENT GAZETTE, WA 5131 1.6 Requirements of local planning scheme 1.7 Requirements of Building Act 2011 PART 2—SUFFICIENT FENCES 2.1 Sufficient fences—requirement 2.2 Sufficient fences—generally 2.3 Sufficient fences—between lots having different requirements 2.4 General discretion of the local government 2.5 Transitional provision PART 3—FENCING GENERALLY 3.1 Fences within front and secondary setback areas 3.2 Alteration of ground levels 3.3 Obstruction of watercourse 3.4 Gates or doors in fences 3.5 Retaining walls 3.6 Estate fencing 3.7 Maintenance of fences 3.8 Fences across rights-of-way, public access ways or thoroughfares PART 4—FENCING MATERIALS, SCREENING AND MAINTENANCE 4.1 Prohibited materials 4.2 Pre-used fencing materials 4.3 Approved materials 4.4 Screening PART 5—RESTRICTED FENCING 5.1 Barbed wire fencing 5.2 Electrified fencing 5.3 Razor wire fencing PART 6—APPROVALS 6.1 Application for approval 6.2 Decision on application for approval 6.3 Compliance with approval 6.4 Cancellation of an approval 6.5 Duration of approval PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review PART 8—ENFORCEMENT 8.1 Notices of breach 8.2 Offences and penalties 8.3 Modified penalties 8.4 Form of notices SCHEDULE 1—SUFFICIENT FENCE—RESIDENTIAL AND TOWNSITE LOTS SCHEDULE 2—SUFFICIENT FENCE—COMMERCIAL, INDUSTRIAL AND SPECIAL USE LOTS SCHEDULE 3—SUFFICIENT FENCE—RURAL AND RURAL RESIDENTIAL LOTS SCHEDULE 4—PRESCRIBED OFFENCES

5132 GOVERNMENT GAZETTE, WA 3 November 2022 Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, This local law may be cited as the Shire of Dumbleyung Fencing Local Law 2022. This local law repeals the Shire of Dumbleyung Local Laws Relating to Fencing 2002 as published in the Government Gazette on 21 March 2003. In this local law unless the context otherwise requires— applicant means a person who makes an application for approval under this local law; approval means a favourable decision in respect of an application which is in writing, may be subject to conditions and which allows a proposal to proceed; AS or AS/NZS means an Australian or Australian/New Zealand Standard published by Standards Australia, and available for viewing free of charge at the Shire of Dumbleyung Administration Centre; authorised person means a person appointed by the local government to perform any of the functions under this local law; boundary fence means a fence constructed on the boundary of a lot which abuts a thoroughfare, and results in the application of section 16(1) of the Dividing Fences Act 1961; Building Code has the meaning given in section 3 of the Building Regulations 2012; commercial lot means a lot zoned as commercial under the local planning scheme; dangerous in relation to any fence means— (a) an electrified fence which does not comply with clause 5.2 of this local law; (b) a fence containing barbed wire other than a fence constructed and maintained in accordance with this local law; (c) a fence containing exposed broken glass, asbestos fibre, razor wire, metal spikes or any other potentially harmful projection or material; or (d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall, from any cause; dividing fence has the meaning given in section 5 of the Dividing Fences Act 1961; electrified fence means a fence carrying or designed to carry an electric charge; estate boundary fence means the fence constructed around the external boundary of a subdivision of land to indicate the extent of that subdivision and includes any special works or construction that identifies the entrance to that land; estate entry statement means a fence, or wall constructed of masonry or other materials to identify the entrance of an estate and may include but not be limited to a sign indicating the estate name and locality, sculptures, flagpoles and flags; fence means any structure used or functioning as a barrier, irrespective of where it is located and includes any affixed gate or screening front boundary means the boundary line between a lot and the thoroughfare upon which that lot abuts, or in the case of a lot abutting on more than one thoroughfare the boundary line between the lot and the primary thoroughfare; front setback area means the area between the building line of a lot and the front boundary of that lot;

3 November 2022 GOVERNMENT GAZETTE, WA 5133 height in relation to a fence means the vertical distance between the top of the fence at any point and— (a) the ground level; or (b) where the ground levels on each side of the fence are not the same, the higher ground level, immediately below that point; or (c) where the fence is constructed on a retaining wall approved by the local government, from the top of the retaining wall; industrial lot means a lot zoned as industrial under the local planning scheme; local planning scheme means a local planning scheme and includes any structure plan adopted or approved by the local government made under the Planning and Development Act 2005; lot has the meaning given to it in and for the purposes of the Planning and Development Act 2005; notice of breach means a notice referred to in clause 8.1; occupier has the meaning given to it in section 1.4 of the Local Government Act 1995; owner has the meaning given to it in section 5 of the Dividing Fences Act 1961; repair has the meaning given to it under section 5 of the Dividing Fences Act 1961; residential lot means a lot zoned as residential under the local planning scheme; retaining wall means any structure prevents the movement of soil in order to allow ground levels of different elevations to exist adjacent to one another; rural lot means a lot zoned as rural under the local planning scheme; rural residential lot means a lot zoned as rural residential under the local planning scheme; Schedule means a Schedule to this local law; screening means any perforated panels or trellises composed of solid or obscured translucent panels; secondary setback area means the area between the building line of a lot and a side boundary of that lot which adjoins a thoroughfare. set fee means a fee determined by the local government in accordance with sections 6.16 to 6.19 of the Local Government Act 1995; special use lot means a lot zoned as special use under the local planning scheme; sufficient fence means a fence described in clause 2.2 or 2.3 and includes a fence of the description and quality agreed upon by the owners of adjoining lots which does not fail to satisfy clause 2.2 or 2.3; thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995; and townsite lot means a lot zoned as townsite under the local planning scheme. 1.6 Requirements of local planning scheme In the event of any inconsistency between the provisions of a local planning scheme and the provisions of this local law, the provisions of the local planning scheme are to prevail. 1.7 Requirements of Building Act 2011 Nothing in this local law affects a provision in any written law in respect of a building permit for a fence. PART 2—SUFFICIENT FENCES 2.1 Sufficient fences—requirement A person shall not construct a dividing fence or a boundary fence that is not a sufficient fence. 2.2 Sufficient fences—generally Subject to clause 2.3 a sufficient fence— (a) on a residential lot or townsite lot is a dividing fence or a boundary fence constructed in accordance with Schedule 1; (b) on a commercial lot, industrial lot or special use lot is a dividing fence or a boundary fence constructed in accordance with Schedule 2; and (c) on a rural lot or rural residential lot is a dividing fence or a boundary fence constructed in accordance with Schedule 3. 2.3 Sufficient fences—between lots having different requirements Where a fence is constructed on or near the boundary between— (a) a residential lot or townsite lot and a lot zoned for any other purpose, a sufficient fence is a fence constructed in accordance with Schedule 1; and (b) a commercial lot or industrial lot and a rural lot or rural residential lot, a sufficient fence is a fence constructed in accordance with Schedule 3.

5134 GOVERNMENT GAZETTE, WA 3 November 2022 2.4 General discretion of the local government (1) Notwithstanding the provisions of clause 2.1, an authorised person may give written consent for the construction or repair of a fence which is not a sufficient fence where all of the owners of the lots who adjoin the fence make an application for approval for that purpose. (2) In determining whether to grant its approval under subclause (1), the local government may consider whether the construction or repair of the fence would have an adverse effect on— (a) the safe or convenient use of any land; (b) the safety or convenience of any person; (c) the visual amenity of the locality; and (d) any other matter considered relevant. 2.5 Transitional provision A dividing fence or fence lawfully constructed prior to this local law coming into operation constitutes a sufficient fence. PART 3—FENCING GENERALLY 3.1 Fences within front and secondary setback areas (1) A person shall not, without the written consent of an authorised person, construct a free-standing fence greater than 1200mm in height, within the front setback area of a residential lot or townsite lot. (2) An authorised person may approve the construction of a fence of a height greater than 1200mm in the front setback area of a residential lot or townsite lot, if provision is made for lines of vision for a motorist using the driveway to access a thoroughfare where the fence on each side of the driveway into the lot across the front boundary is angled— (a) into the lot for a distance of not less than 1500mm along the frontage, and (b) to a distance of not less than 1500mm from the frontage. (3) The provision of subclause (2) shall not apply to a fence of open construction that does not obscure the lines of vision of a motorist using the driveway for access to a thoroughfare. (4) The provision of subclause (2) shall apply to a secondary setback area where a driveway in the secondary setback area is used as the primary driveway access. 3.2 Alteration of ground levels (1) A person shall not alter the natural ground level of land on or within 1000mm of the boundary of a lot, whether by removing soil or bringing onto the land any fill of any kind, by more than 500mm without the approval of an authorised person. (2) A fence constructed of corrugated fibre-reinforced pressed cement shall not have more than 150mm difference in the ground levels on each side of the fence. (3) Where land has been filled or retained to a height of more than 500mm above natural ground level at or within 1000mm of a boundary of a lot, a person shall only construct a dividing fence that is a sufficient fence on the said filled land or retaining wall if the person produces to an authorised person the written agreement of the owners of the adjoining lot. 3.3 Obstruction of watercourse No person shall construct a fence of impervious material in any place, position or location where it will, or is likely to, act as a barrier to or restrict the flow of a natural watercourse. 3.4 Gates or doors in fences A person shall not construct a gate or door in a fence which encroaches into or over any other property. 3.5 Retaining walls A person must not commence to construct a retaining wall which is on the boundary line unless— (a) an application has been lodged with the local government including— (i) two copies of a plan and specifications of the proposed retaining wall; and (ii) in the case of a retaining wall exceeding 500mm in height and when required by an authorised person, engineering calculations in respect of the proposed retaining wall; and (b) an authorised person has approved the application. 3.6 Estate fencing (1) A person shall not construct an estate entry statement or estate boundary fence without the approval of an authorised person. (2) Where an estate entry statement or estate boundary fence is constructed and contains an estate name, the entry statement or estate boundary fence shall also depict the locality name in at least equal prominence. (3) An owner or occupier of a lot adjacent to an estate boundary fence shall, where that fence is damaged, dilapidated or in need of repair, cause it to be repaired or replaced with the same or similar materials with which it was first constructed, so as far as practicable the repaired or replaced section shall be the same as the original fence.

3 November 2022 GOVERNMENT GAZETTE, WA 5135 3.7 Maintenance of fences An owner or occupier of a lot on which a fence is constructed shall maintain the fence in good condition and suitably enclosed so as to prevent it from becoming damaged, dangerous, dilapidated, unfit for purpose or unsightly. 3.8 Fences across rights-of-way, public access ways or thoroughfares A person must not construct or maintain a fence or obstruction of a temporary or permanent nature across any right-of-way, public access way or thoroughfare so as to impede or prevent use of those facilities in the manner for which they are intended and constructed without the approval of an authorised person. PART 4—FENCING MATERIALS, SCREENING AND MAINTENANCE 4.1 Prohibited materials A person must not construct a fence which is comprised, in whole or in part of spikes, broken glass, jagged materials, barbed wire, razor wire, asbestos or any other dangerous material except to the extent provided for in Part 5. 4.2 Pre-used fencing materials (1) A person shall not construct a boundary fence, dividing fence or estate fence from pre-used materials without the approval of an authorised person. (2) Where an authorised person approves the use of pre-used materials, the materials shall be structurally fit for the purpose, and comply with any conditions imposed by an authorised person. (3) Conditions for use of pre-used fencing materials may include but are not limited to— (a) painting; (b) treated; (c) specific use or placement; and (d) upgrading. 4.3 Approved materials Subject to clause 4.2, a person shall only construct a dividing fence or boundary fence from materials specified in the Schedules of this local law, unless otherwise approved or required by an authorised person. 4.4 Screening (1) Screening may be fixed to a sufficient fence that is compliant with Schedule 1 which is consistent with the colours, materials and specification of that sufficient fence. (2) Screening is not to be affixed to a fence so that the maximum combined height of the fence and screening exceeds 2100mm. (3) Screening affixed to a fence shall be installed and maintained in accordance with the manufacturer’s specifications and not compromise the structural integrity of a fence. PART 5—RESTRICTED FENCING 5.1 Barbed wire fencing (1) An owner or occupier of a residential lot shall not affix or allow to remain any barbed wire on any fence bounding that lot. (2) An owner or occupier of a townsite lot, rural lot or rural residential lot shall not place or affix barbed wire upon a fence on that lot where the fence is adjacent to a thoroughfare or other public place unless the barbed wire is fixed to the top or the side of the fence posts furthest from the thoroughfare or other public place. (3) An owner or occupier of a commercial lot, industrial lot or special use lot shall not construct or affix to any fence bounding that lot any barbed wire unless— (a) the wire or material are attached on posts vertically or at an angle of 45 degrees; and (b) the bottom row of wire or other materials is not less than 2000mm above the ground level. (4) If the posts which carry the barbed wire or other materials referred to in subclause (3) are angled towards the outside of the lot bounded by the fence, the face of the fence must be set back from the lot boundary a sufficient distance to ensure that the angled posts, barbed wire or other materials do not encroach onto or over adjoining land. 5.2 Electrified fencing (1) An owner or occupier of a lot shall not construct or use an electrified fence on that lot without first obtaining approval of an authorised person. (2) Notwithstanding subclause (1), approval is not required for an electrified fence if— (a) constructed on a rural lot or rural residential lot; (b) for the purpose of animal control; (c) installed in accordance with the manufacturer’s specifications; and (d) which is not the dividing fence with a residential lot, townsite lot or special use lot.

5136 GOVERNMENT GAZETTE, WA 3 November 2022 (3) An electrified fence for the purpose of security must not be present on a lot unless it complies with AS/NZS 3016-2002 Electrical installations—Electric security fences, as amended from time to time, and which is available for viewing free of charge at the Shire of Dumbleyung Administration Centre. (4) Approval to have and use an electrified fence for the purpose of security shall not be issued— (a) in respect of a lot which is or which abuts a residential lot or townsite lot; and (b) unless provision is made so as to enable the fence to be rendered inoperable during the hours of business operations, if any, on the lot where it is constructed. 5.3 Razor wire fencing (1) An owner or occupier of a lot shall not construct a fence wholly or partly of razor wire on that lot without first obtaining approval under subclause (2). (2) Approval to have a fence constructed wholly or partly of razor wire shall not be issued— (a) in respect of a lot which is or which abuts a residential lot or townsite lot; (b) if the fence is within 3000mm of the boundary of the lot; or (c) where any razor wire used in the construction of the fence is less than 2000mm or more than 2400mm above the ground level. PART 6—APPROVALS 6.1 Application for approval (1) An owner of a lot may apply to the local government for approval of any discretionary matter contained within this local law. (2) An application for approval under this local law shall— (a) provide all necessary documentation and information required for a decision; (b) provide two copies of a plan and specifications of the proposed; (c) engineering certification of structural or electrical engineering specifications, if required; (d) be signed by the owner of the lot; (e) be forwarded to the CEO together with any set fee; and (f) be in the form determined by the local government from time to time. (3) An authorised person may require an applicant to provide additional information reasonably related to an application before determining an application for approval. (4) An authorised person may refuse to consider an application for approval which is not in accordance with subclauses (2) and (3). 6.2 Decision on application for approval (1) An application submitted to the local government under this local law may be— (a) approved by an authorised person; (b) approved by an authorised person subject to conditions as the authorised person sees fit; or (c) rejected by an authorised person. (2) In determining whether to grant its consent to the construction or installation, an authorised person may consider, in addition to any other matter that it is authorised to consider, whether the construction or retention of the fence would have an adverse impact on— (a) the safe or convenient use of any land; (b) the safety or convenience of any person; or (c) the visual amenity of the streetscape or neighbouring properties. (3) An authorised person may by written notice amend a condition imposed under subclause (1)(b) at any time. (4) An amendment under subclause (3) is effective from the date specified in the notice. (5) If an authorised person approves an application for approval, it is to give written notice of the approval and any conditions applied, to the applicant. (6) If an authorised person refuses to approve an application for approval, it is to give written notice of that refusal and the reasons for the decision to the applicant. 6.3 Compliance with approval Where an application for approval has been approved under clause 6.2, the applicant and the owner or occupier of the lot to which the approval relates, shall comply with the terms and any conditions of that approval. 6.4 Cancellation of an approval An authorised person may cancel an approval if— (a) the owner or occupier requests an authorised person to do so; (b) the fence to which the approval applies has been demolished and is not rebuilt for a period of 6 months; (c) the circumstances have changed in such a way that an approval for the fence could no longer be granted under the local law;

3 November 2022 GOVERNMENT GAZETTE, WA 5137 (d) the owner or occupier fails to comply with a condition of the permit or breaches a provision of this local law in respect of the fence; or (e) the owner or occupier fails to comply with a notice of breach issued under clause 8.1. 6.5 Duration of approval (1) Unless otherwise stated in the form of approval, an approval granted under this local law transfers with the lot to which it relates and is deemed to transfer to each successive owner or occupier of the lot to which the approval applies. (2) Where an approval is transferred under subclause (1), the successive owner or occupier may apply to an authorised person for written confirmation of this transfer. (3) For the avoidance of doubt, approval granted under this local law may be relied upon by any subsequent owner or occupier of the lot, and may be enforced against them by the local government. PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review Where the local government or an authorised person makes a decision whether to grant, renew, vary or cancel any licence, permit, approval or other means of authorisation under this local law, the provisions of Part 9 Division 1 of the Local Government Act 1995, and regulation 33 of the Local Government (Functions and General) Regulations 1996, apply to that decision. PART 8—ENFORCEMENT 8.1 Notices of breach (1) Where a breach of any provision of this local law has occurred in relation to a fence on a lot, an authorised person may give a notice of breach in writing to the owner or occupier of that lot. (2) A notice of breach shall— (a) specify the provision of this local law which has been breached; (b) specify the particulars of the breach; and (c) state that the owner or occupier is required to remedy the breach within the time specified in the notice. (3) An owner or occupier given a notice of breach shall comply with the terms of the notice and remedy the breach within the time specified in the notice. (4) Should an owner or occupier fail to comply with a notice, an authorised person may enter upon the lot to which the notice relates and remedy the breach, and may recover the expenses of doing so from the owner or occupier of the lot, as the case may be, in a court of competent jurisdiction. (5) This local law is subject to sections 3.25, 3.27 and Schedules 3.1 and 3.2 of the Local Government Act 1995 and any power of entry exercised by the local government under this local law is subject to Part 3, Division 3, Subdivision 3 of the Act. 8.2 Offences and penalties (1) A person who fails to do anything required or directed to be done under this local law, or who does (2) Any person who commits an offence under this local law is liable, upon conviction to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued. 8.3 Modified penalties (1) The amount appearing in the final column of Schedule 4 directly opposite a prescribed offence in that Schedule is the modified penalty for that prescribed offence. (2) An offence against a clause specified in Schedule 4 is a prescribed offence for the purposes of section 9.16(1) of the Act. 8.4 Form of notices For the purposes of this local law— (a) the form of the infringement notice referred to in section 9.17 of the Local Government Act 1995 is to be in the form of Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; and (b) the form of the withdrawal of infringement notice referred to in section 9.20 of the Local Government Act 1995 is to be in the form of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. ————

5138 GOVERNMENT GAZETTE, WA 3 November 2022 SCHEDULE 1—SUFFICIENT FENCE—RESIDENTIAL AND TOWNSITE LOTS [Clause 2.2(a)] Each of the following is a sufficient fence on residential and townsite lots— (a) except with respect to the front setback area for which there is no minimum height but which is subject to clause 3.1; and (b) where constructed to an average height of 1800mm.

1. Timber fence (1) Any type of professionally manufactured timber fence, constructed in accordance with the manufacturer’s specifications. (2) A dense brushwood constructed in accordance with the manufacturer’s specifications. (3) A timber fence constructed as follows— (a) corner posts to be 125mm x 125mm x 2400mm and intermediate posts to be 125mm x 75mm x 2400mm spaced at 2400mm centres; (b) corner posts to be strutted two ways with 100mm x 50mm x 450mm sole plates and 75mm x 50mm struts; (c) intermediate posts to be doubled yankee strutted with 150mm x 25mm x 450mm struts; (d) all posts to have tops with a 60mm weather cut and to be sunk at least 600mm into the ground; (e) rails to be 75mm x 50mm with each rail spanning 2 bays of fencing double railed or bolted to each post with joints staggered; and (f) the fence to be covered with 75mm x 20mm sawn pickets, 1800mm in height placed 75mm apart and affixed securely to each rail.
2. Corrugated fence (1) Any fence constructed of corrugated fibre reinforced pressed cement sheet fence or steel sheeting fence in accordance with the manufacturer’s specifications. (2) A fence constructed of corrugated fibre reinforced pressed cement or steel sheeting constructed to manufacturer’s specifications or which satisfies the following specifications— (a) a minimum in-ground length of 25 per cent of the total length of the sheet, but in any case shall have a minimum in-ground depth of 600mm; (b) the total height and depth of the fence to consist of a single continuous fibre reinforced cement or steel sheet; and (c) the sheets to be lapped and capped with extruded snap-fit type capping in accordance with the manufacturer’s specifications.
3. Brick, stone or concrete fence Any type of brick stone or concrete fence that— (a) is constructed in accordance with the Building Code, finished plumb, true and level and appropriately jointed, cleaned and of good general appearance. (b) has footings having a minimum of 225mm x 150mm concrete 15MPa or 300mm x 175mm brick laid in cement mortar; (c) fences to be offset a minimum of 200mm at maximum 3000mm centres or 225mm x 100mm engaged piers to be provided at maximum 3000mm centres; and (d) expansion joints in accordance with the manufacturer’s specifications.
4. Composite fence (1) A composite fence which satisfies the following specifications for the brick construction— (a) brick piers shall have a minimum of 345mm x 345mm at 1800mm centres bonded to a minimum height base wall of 514mm; (b) each brick pier shall be reinforced with one R10 galvanised starting rod 1500mm high with a 250mm horizontal leg bedded into a 500mm x 200mm concrete footing and set 65mm above the base of the footing. The top of the footing shall be 1 course (85mm) below ground level; (c) the minimum ultimate strength of brickwork shall be 20MPa. Mortar shall be a mix of 1 part cement, 1 part lime and 6 parts sand; (d) the ground under the footings is to be compacted to 6 blows per 300mm and checked with a standard falling weight penetrometer; and (e) control joints in brickwork shall be provided with double piers at a maximum of 6 metre centres. (2) Notwithstanding paragraphs (1)(a) and (b), a composite fence may be constructed so that— (a) brick piers of a minimum 345mm x 345mm x 2700mm centres bonded to the base wall; (b) each pier shall be reinforced with two R10 galvanised starting rods as previously specified, and (c) all other requirements are as previously specified. ————

3 November 2022 GOVERNMENT GAZETTE, WA 5139 SCHEDULE 2—SUFFICIENT FENCE—COMMERCIAL, INDUSTRIAL AND SPECIAL USE LOTS [Clause 2.2(b)] Each of the following is a sufficient fence on commercial and industrial lots—

1. A fence constructed of galvanized or PVC coated— (a) rail-less link; (b) chain; or (c) steel mesh.
2. A fence constructed in accordance with clause (1) shall be constructed in accordance with the following specifications— (a) to a height of 2000mm; (b) corner posts to be a minimum of 50mm nominal bore x 3.5mm and with footings of a 225mm diameter x 900mm; (c) intermediate posts to be minimum 37mm nominal bore x 3.15mm at maximum 4 metre centres and with footings of a 225mm diameter x 600mm; (d) struts to be minimum 30mm nominal bore x 3.15mm fitted at each gate and two at each corner post and with footings 225mm x 600mm; (e) cables to be affixed to the top, centre and bottom of all posts and to consist of two or more 3.15mm wires twisted together or single 4mm wire; (f) galvanised link mesh wire to be 2000mm in height and constructed of 50mm mesh 2.5mm galvanised iron wire and to be strained, neatly secured and laced to the posts and affixed to cables; (g) vehicle entry gates shall provide an opening of not less than 3.6 metres and shall be constructed of 25mm tubular framework with one horizontal and one vertical stay constructed of 20mm piping and shall be covered with 50mm x 2.5mm galvanised link mesh strained to framework; and (h) gates shall be fixed with a drop bolt and locking attachment.
3. A fence constructed in accordance with paragraph (2) may have up to 3 strands of plain or barbed wire, none being less than 1800mm above ground level, not more than 2400mm above ground level
4. Fences constructed in accordance with Schedule 1 ———— SCHEDULE 3—SUFFICIENT FENCE—RURAL AND RURAL RESIDENTIAL LOTS [Clause 2.2(c)] Each of the following is a sufficient fence on rural and rural residential lots— (1) In the case of a non-electrified fence, a fence of posts and wire construction suitable for the stock type contained but with the minimum specifications as follows— (a) at least 1000 mm finished height (b) wire shall be— (i) high tensile wire and not less than 2.5mm; and (ii) a minimum of six wires shall be used, generally with the lower wires spaced closer together than the higher wires so as to prevent smaller stock passing through, and connected to posts in all cases; (c) posts shall be of indigenous timber or other suitable material including— (i) timber impregnated with a termite and fungicidal preservative, and not less than 50mm diameter at small end if round or 125mm x 60mm if split or sawn; (ii) standard iron star pickets; or (iii) concrete; (d) posts to be set minimum 400mm in the ground; and (e) strainer posts shall be— (i) not less than 2250mm long and 50mm diameter at the small end (tubular steel to be 50mm in diameter); (ii) cut from indigenous timber or other suitable material; and (iii) placed a minimum of 1000mm in the ground. (2) An electrified fence having five wires only is a sufficient fence if constructed generally in accordance with clause (1). ————

5140 GOVERNMENT GAZETTE, WA 3 November 2022

SCHEDULE 4—PRESCRIBED OFFENCES [Clause 8.3] penalty $ 1 2.1 Construction of a dividing fence or boundary fence on a lot that is not a sufficient fence without approval 2 3.1 Construction of a non-compliant fence within setback area without approval 3 3.2(1) Alteration of ground levels without approval 500 4 3.3 Obstruction of a watercourse 200 5 3.4 Construction of a gate or fence encroaching over other property 200 6 3.5 Construction of retaining wall without approval 500 7 3.6(1) Construction of estate fencing without approval 500 8 3.7 Failure to maintain fence in good condition 200 9 3.8 Construction of a fence across right-of-way etc. without approval 500 10 4.1 Use of prohibited materials in a fence 500 11 4.2(1) Use of pre-used fencing materials without approval 200 12 4.4(2) Construction of screen exceeding 2100mm in height 200 13 5.1(1) Using or allowing to remain barbed wire on a residential lot 200 14 5.1(2) Non-compliant use of barbed wire on a townsite, rural or rural residential lot 15 5.1(3) Non-compliant use of barbed wire on a commercial, industrial or special use lots 16 5.2 Construction of an electric fence without approval 500 17 5.3 Construction of a razor wire fence without approval 500 18 6.3 Failure to comply with conditions of approval for fence 500 19 8.1(3) Failure to comply with notice of breach in relation to Part 5— Restricted Fencing 20 8.1(3) Failure to comply with notice of breach in relation to all matters other than Part 5—Restricted Fencing 21 8.2(1) Other offences not specified 200 ———— The Common Seal of the Shire of Dumbleyung was affixed by authority of a resolution of Council in the presence of—

3 November 2022 GOVERNMENT GAZETTE, WA 5141 1.1 Title 1.5 Interpretation PART 2—SANITATION

Division 1—Sanitary Conveniences 2.1 Interpretation 2.2 Dwelling house 2.3 Premises other than a dwelling house 2.4 Events 2.5 Maintenance of sanitary conveniences and fittings 2.6 Public sanitary conveniences 2.7 Lighting Division 2—Bathrooms, Laundries and Kitchens 2.8 Bathrooms 2.9 Laundries 2.10 Washing or keeping of clothes in kitchens 2.11 Kitchens PART 3—HOUSING AND GENERAL Division 1—Maintenance of Dwelling Houses 3.1 Dwelling house maintenance 3.2 Guttering and downpipes Division 2—Ventilation of Houses 3.3 Exemption for short term hostels and recreational campsites 3.4 Overcrowding 3.5 Calculated sufficient space

Division 3—Water Supply 3.6 Water supply 3.7 Rainwater tanks 3.8 Pollution

Division 4—Morgues 3.9 Licensing of morgues PART 4 –LIQUID REFUSE AND LIQUID WASTE 4.1 Interpretation 4.2 Deposit of liquid refuse 4.3 Disposal of liquid waste PART 5—NUISANCES AND GENERAL Division 1—Nuisances 5.1 Interpretation 5.2 Escape of smoke etc. 5.3 Public vehicles to be kept clean 5.4 Prohibition against spitting 5.5 Dust management 5.6 Emission or reflection of light 5.7 Use or storage of fertiliser Division 2—Keeping of Animals 5.8 Cleanliness

5142 GOVERNMENT GAZETTE, WA 3 November 2022 5.9 Animal enclosures 5.10 Disposal of dead animals Division 3—Keeping of Approved Animals 5.11 Interpretation 5.12 Keeping of approved animals and provision of stables 5.13 Proximity of approved animals to a dwelling house 5.14 Manure receptacles Division 4—Keeping of Poultry and Pigeons 5.15 Interpretation 5.16 Limitation on numbers of pigeons, poultry and miscellaneous birds 5.17 Conditions of keeping poultry 5.18 Roosters, Geese, Turkeys, Peafowl and Gamebirds 5.19 Conditions of keeping pigeons 5.20 Removal of nonconforming structures or enclosures 5.21 Restrictions on pigeon nesting or perching 5.22 Restrictions on feeding wild birds

Division 5—Feedlots 5.23 Interpretation 5.24 Premises to be approved 5.25 Management of beef cattle feedlots 5.26 Compliance with direction or notice of an Authorised Officer PART 6—PEST CONTROL Division 1—Flies 6.1 Interpretation 6.2 Control of flies Division 2—Mosquitoes 6.3 Interpretation 6.4 Measures to be taken to prevent mosquito breeding 6.5 Measures to be taken by occupier 6.6 Removal of undergrowth or vegetation 6.7 Filling in excavations etc. 6.8 Drains, channels and septic tanks 6.9 Drainage of land Division 3—Rodents 6.10 Interpretation 6.11 Measures to be taken to eradicate rodents Division 4—Cockroaches 6.12 Interpretation 6.13 Measures to be taken to eradicate cockroaches Division 5—Argentine Ants 6.14 Interpretation 6.15 Measures to be taken to keep premises free from Argentine ants

Division 6—European Wasps 6.16 Interpretation 6.17 Measures to be taken to keep premises free from European wasp nest

Division 7—Bee Keeping 6.18 Interpretation 6.19 Limitation on numbers of hives 6.20 Restrictions on keeping of bees in hives 6.21 Bees which cause a nuisance not to be kept

Division 8—Arthropod Vectors of Disease 6.22 Interpretation 6.23 Responsibility of the owner or occupier 6.24 Local government may execute work and recover costs PART 7—INFECTIOUS DISEASES Division 1—General Provisions 7.1 Purpose of exercise of powers 7.2 Authorised Officer may visit, inspect and report

3 November 2022 GOVERNMENT GAZETTE, WA 5143 7.3 Requirements on owner or occupier to clean, disinfect and disinfest 7.4 Authorised Officer may disinfect or disinfest the premises 7.5 Insanitary houses, premises and things 7.6 Medical Officer may authorise disinfecting 7.7 Persons in contact with an infectious disease sufferer 7.8 Declaration of infected house or premises 7.9 Destruction of infected animals 7.10 Disposal of a body 7.11 Local government may carry out work and recover costs Division 2—Disposal of Used Condoms and Needles 7.12 Disposal of used condoms 7.13 Disposal of used needles PART 8—LODGING HOUSES Division 1—Registration 8.1 Interpretation 8.2 Accommodation not to be kept unless registered 8.3 Application for registration 8.4 Certificate of Registration of accommodation 8.5 Renewal of registration 8.6 Notification upon sale or transfer 8.7 Revocation of registration Division 2—Construction and use requirements 8.8 General construction requirements 8.9 Insect screening 8.10 Sanitary conveniences 8.11 Laundry unit 8.12 Kitchen 8.13 Cooking facilities 8.14 Dining room 8.15 Lounge room 8.16 Fire prevention and control 8.17 Obstruction of passages and stairways 8.18 Fitting of locks 8.19 Restriction on use of rooms for sleeping 8.20 Sleeping accommodation short term hostels and recreational campsites 8.21 Furnishing etc. of sleeping apartments 8.22 Ventilation 8.23 Numbers to be placed on doors Division 3—Management and Care 8.24 Keeper or manager to reside in the lodging house 8.25 Register of lodgers 8.26 Keeper report 8.27 Certificate of Sleeping Accommodation 8.28 Duplicate keys and inspection 8.29 Room occupancy 8.30 Infectious disease 8.31 Maintenance of a room by a lodger or resident 8.32 Cleaning and maintenance requirements 8.33 Responsibilities of lodgers and residents PART 9—OFFENSIVE TRADES 9.1 Interpretation 9.2 Consent to establish an offensive trade 9.3 Notice of application 9.4 Registration of premises 9.5 Certificate of Registration of Premises for Offensive Trade 9.6 Change of occupier 9.7 Alterations to premises

5144 GOVERNMENT GAZETTE, WA 3 November 2022 Division 2—General Duties of an Occupier 9.8 Interpretation 9.9 Cleanliness 9.10 Rats and other vectors of disease 9.11 Sanitary conveniences and hand wash basins 9.12 Painting of walls etc. 9.13 Effluvia, vapours or gases 9.14 Offensive material 9.15 Storage of materials 9.16 Directions Division 3—Fat Rendering Establishments 9.17 Interpretation 9.18 Ventilation 9.19 Covering of apparatus 9.20 Rendering of walls Division 4—Laundries, Dry Cleaning Establishments and Dye Works 9.21 Interpretation 9.22 Receiving depot 9.23 Reception room 9.24 Walls and floors 9.25 Laundry floor 9.26 Escape of dust 9.27 Precautions against combustion 9.28 Trolleys 9.29 Sleeping on premises Division 5—Abattoirs 9.30 Construction Division 6—Piggeries 9.31 Interpretation 9.32 Premises to be approved 9.33 Limitations to registration 9.34 Conditions of registration 9.35 Sties, enclosures or sheds 9.36 Slaughtering 9.37 Feed 9.38 Fencing 9.39 Water supply 9.40 Feeding troughs 9.41 Prevention of nuisance PART 10—OFFENCES AND PENALTIES 10.1 Offences and penalties 10.2 Form of infringement notices 10.3 Other enforcement actions 10.4 Power of entry into private property PART 11—OBJECTION AND APPEAL 11.1 Objection and appeal rights SCHEDULE 1—OFFENSIVE TRADES SCHEDULE 2 —PRESCRIBED OFFENCES

3 November 2022 GOVERNMENT GAZETTE, WA 5145 Under the powers conferred by the Local Government Act 1995 and under all powers enabling it, the 1.1 Title This local law may be cited as the Shire of Dumbleyung Health Local Law 2022. This local law commences 14 days after the day on which it is published in the Government Gazette. This local law applies throughout the entire district. This local law repeals the Shire of Dumbleyung Health Local Laws 2001 as published in the Government Gazette on 25 July 2003. 1.5 Interpretation (1) In this local law, unless the context otherwise requires— Act means the Health (Miscellaneous Provisions) Act 1911; adequate means satisfactory or fit for purpose or, if there is any doubt, at the discretion of an Authorised Officer; adequate supply of water means a flow of water of not less than 5 litres per minute; approved means approved by the local government; AS or AS/NZS means an Australian Standard or Australian/New Zealand Standard published by Standards Australia, as amended from time to time; AS 3786 means Australian Standard for Smoke alarms using scattered light, transmitted light or ionization; AS 2293.1 means Australian Standard for Emergency escape lighting and exit signs for buildings— System design, installation and operation; AS 1530.2 means Australian Standard for Methods for fire tests on building materials, components and structures—Test for flammability of materials; AS 1530.3 means Australian Standard for Methods for fire tests on building materials, components and structures—Simultaneous determination of ignitability, flame propagation, heat release and smoke release; AS 4282 means Australian Standard for Control of obtrusive effects of outdoor lighting; Authorised Officer means a person appointed under (a) the provisions of the Public Health Act 2016; or (b) the Local Government Act 1995; and (c) includes officers employed or contracted by the local government as an Environmental Health Officer, Acting Environmental Health Officer, Assistant Environmental Health Officer, Community and Development Services Manager and Principal Environmental Health Officer; bed means a piece of furniture on which to sleep; bedding includes beds, mattresses, pillows and bed heads as well as bed linen; bed linen includes sheets, blankets, pillow cases, quilt and doona covers and mattress covers; Building Code means the latest edition of the Building Code of Australia published from time to time by or on behalf of the Australian Building Codes Board, as amended from time to time, but not including explanatory information published with that Code; Chief Executive Officer means the Chief Executive Officer of the local government; Chief Health Officer means a person appointed to this position under the provisions of the Public Health Act 2016; Council means the Council of the local government; district means— (a) the district of the local government under the Local Government Act 1995; (b) any area placed under the jurisdiction of the local government under section 22 of the Act; and