5154GOVERNMENT GAZETTE, WA 3 November 2022

5154 GOVERNMENT GAZETTE, WA 3 November 2022 5.12 Keeping of approved animals and provision of stables (1) An owner or occupier of premises shall not keep an approved animal within a townsite or on a property of 0.5 hectares or less, without approval of the local government. (2) An owner or occupier of premises who keeps an approved animal shall provide adequate natural shelter if approved by the local government or a stable which shall comply with the requirements of the Building Code, and which— (a) is not situated within 15 metres of a house; (b) has exclusive space for each animal of 0.2 hectares; (c) is constructed of weatherproof materials and of a design which provides adequate protection from the elements; (d) provides adequate natural ventilation; (e) prevents the animal from escaping; and (f) subject to subclauses (6) and (8), has a floor, which— (i) is constructed of a material approved by an Authorised Officer; and (ii) has a fall which effectively drains liquid wastes into a trapped gully situated outside the stable and discharged in a manner approved by an Authorised Officer. (3) An application for approval to keep an approved animal shall include the following information— (a) a plan of the property, at a scale not less than 1:200, with dimensions clearly marked, showing where it is proposed that the animal is to be kept and the distance of that location from any residential building on another lot, or commercial premises; (b) a sketch plan, at a scale of 1:100, indicating the nature of the shelter or housing to be provided for the animal; and (c) a detailed written plan for the management of manure which addresses— (i) control of flies and other vermin; (ii) disease prevention; and (iii) prevention of nuisance odours. (4) The local government may vary the conditions of approval after it has been issued, and shall give notice of such variation to the owner or occupier within 14 days of such variation. (5) The local government may cancel its approval in the event that the owner or occupier— (a) fails to comply with any condition of the approval; or (b) breaches this clause. (6) The owner or occupier of premises on which a stable is located shall— (a) maintain the stable in a clean and hygienic condition at all times; (b) keep all parts of the stable so far as possible free from flies, vermin or other vectors of disease; by spraying with an approved residual insecticide or other effective means; and (c) comply with the relevant requirements of the Biosecurity and Agriculture Management Act 2007 and the Biosecurity and Agriculture Management (Stable Fly) Management Plan 2019 (as amended from time to time by the Department of Primary Industries and Regional Development). (7) The owner or occupier of a stable shall comply with any direction or notice of an Authorised Officer in relation to its state of repair, cleanliness, hygiene, control of pests or any other matter which is considered necessary to prevent health nuisances or maintain a satisfactory standard for the keeping of animals therein. (8) The owner or occupier of premises that contains a stable is to ensure a stable shall— (a) have a proper separate stall for each horse or cow; and (i) with walls measuring not less than 3 metres, both horizontally and vertically, unless it has a sand floor provided in accordance with subclause (8)(f); and (ii) with a floor area of not less than 11 square metres, unless it has a sand floor provided in accordance with subclause (8)(f); (b) have each wall and roof constructed of an approved impervious material; (c) have a roof that covers the entire floor area of the stall; (d) have on all sides of the building between the wall and the roof a clear opening of at least 150 millimetres in height; (e) subject to subclause (8)(f), have a floor, the upper surface of which shall— (i) be at least 75 millimetres above the surface of the ground; (ii) be constructed of cement, concrete or other similar impervious materials; and (iii) have a fall ratio of 1:100 to a drain, which shall empty, into a trapped gully situated outside the stable and shall discharge in a manner approved by the local government; or (f) have a sand floor, if permitted by the local government, subject to the following— (i) the site must be well drained with the highest known water table at least 0.6 metres below the sand floor level, which may be achieved artificially; (ii) a 300 millimetres thick bed of aggregate approved by an authorised officer shall be laid under the sand of the stable;