26 July 2011 is repealed.
1.5 Terms Used
In this local law unless the context otherwise requires—
Act means the Dog Act 1976;
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 of the local government;
dangerous dog means a dog which is the subject of a declaration under section 33E of the
Act declaring it to be a dangerous dog;
district means the district of the local government;
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 6.3;
local government means the Town of Cottesloe;
notice of withdrawal means the notice referred to in clause 6.6(1);
owner in relation to a dog means—
(a) The person by whom the dog is ordinarily kept; or
(b) The person who is deemed by the Act to be the owner of the dog;
person liable for the control of the dog has the same meaning as in section 3(1) of the Act;
pound keeper means a person authorised by the local government to perform all or any of the
functions conferred on a "pound keeper" under this local law;
premises has the same meaning as in section 3 of the Act;
public place has the same meaning given to it by section 3(1) of the Act;
Regulations means the Dog Regulations 2013;
Schedule means the schedule to this local law;
thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995; and
town planning scheme means a town planning scheme made by the local government under the
Planning and Development Act 2005 which applies throughout the whole or a part of the
district.
PART 2—IMPOUNDING OF DOGS
2.1 Charges and costs
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 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) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act.
4 August 2023 GOVERNMENT GAZETTE, WA 2705
2.2 Attendance of authorised person at dog management facility
The 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 are 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 the authorised person or in
the absence of the authorised person, to the CEO.
(2) The authorised person is not to release a dog seized and impounded to any person unless that
person has produced, to the satisfaction of the authorised person, satisfactory 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 of a microchip implanted in the dog.
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 sub clause (1), he or she commits an offence.
Penalty:
For an offence relating to a dog other than a dangerous dog—
(i) A fine of $5,000
(ii) For each separate and further offence committed by the person under the
Interpretation Act 1984 Section 71, a fine of $100.
Notwithstanding Clause 1 the confinement of dangerous dogs is dealt with in the Act and
Regulations.
3.2 Limitation on the number of dogs
(1) This clause does not apply to premises which have been
(a) granted an exemption under section 26(3) of the Act, or
(b) established as a veterinary hospital or veterinary clinic.
(2) The limit on the number of dogs which may be kept on any premises is, for the purpose of
section 26(4) of the Act is two (2) dogs over the age of 3 months and the young of those dogs under
that age.
Penalty:
For an offence relating to a dog other than a dangerous dog—
(i) A fine of $5,000
(ii) For each separate and further offence committed by the person under the
Interpretation Act 1984 Section 71, a fine of $100.
The confinement of dangerous dogs is dealt with in the Act and Regulations.
3.3 Application to keep additional dog or dogs
(1) 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 more dogs;
(ii) noise, odours, fleas, flies and other vectors of disease will be affectively 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
(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.
2706 GOVERNMENT GAZETTE, WA 4 August 2023
(d) In the case of 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 license, the local government is to have regard to—
(a) the matters referred to in clause 3.33;
(b) the effect which approval of the proposed may have on the environment or the amenity of the
neighbourhood;
(c) whether approval of application will create a nuisance for the owners and occupiers of adjoining
premises.
3.5 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 transferrable 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.
Penalty:
For an offence relating to a dog other than a dangerous dog—
(i) A fine of $5,000
(ii) For each separate and further offence committed by the person under the
Interpretation Act 1984 Section 71, a fine of $100.
The confinement of dangerous dogs is dealt with in the Act and Regulations.
3.6 Revocation of license to keep additional dogs
Where a person does not comply with the conditions of approval to keep an additional dog or dogs under
Clause 3.5 the local government may revoke the approval to keep an additional dog or dogs.
PART 4—DOGS IN PUBLIC PLACES
4.1 Places where dogs are prohibited absolutely
(1) Designation of places where dogs are prohibited absolutely is dealt with in the Act.
(2) If a dog enters or is in a place specified in subclause (1) every person liable for the control of the
dog at that time commits an offence.
(3) Subclause (2) does not apply to a dog which is being used as an assistance animal as defined in the
Disability Discrimination Act 1992 (Commonwealth).
Penalty:
For an offence relating to a dog other than a dangerous dog—
(i) A fine of $5,000
(ii) For each separate and further offence committed by the person under the
Interpretation Act 1984 Section 71, a fine of $200.
The penalties relating to dangerous dogs are dealt with in the Act and Regulations.
4.2 Places which are dog exercise areas
Designation of places which are dog exercise areas is dealt with in the Act.
PART 5—MISCELLANEOUS
5.1 Fees and Charges
Set fees and charges are to be imposed and determined by the local government under section 6.16 to
6.19 of the Act.
5.2 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.
(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.
Penalty: $1,000
(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.
PART 6—ENFORCEMENT
6.1 Offences
A person who fails to do anything required or directed to be done under this local law, or who does
anything which under this local law that person is prohibited from doing, commits an offence.
6.2 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.
4 August 2023 GOVERNMENT GAZETTE, WA 2707
6.3 Modified penalties
(1) The offences contained in Schedule 1 are offences in relation to which a modified penalty may be
imposed.
(2) The amount appearing in the third column of Schedule 1 directly opposite an offence is the modified
penalty payable in respect of that offence if—
(a) the dog is not a dangerous dog; or
(b) the dog is a dangerous dog, but an amount does not appear in the fourth column directly
opposite that offence.
(3) The amount appearing in the fourth column of Schedule 1 directly opposite an offence is the
modified penalty payable in respect of that offence if the dog is a dangerous dog.
6.4 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 of the Local Government (Functions and General) Regulations 1996.
6.5 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 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.
6.6 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.
6.7 Withdrawal of infringement notice
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. A person authorised to issue an infringement notice under
clause 6.4 cannot sign or send a notice of withdrawal.
6.8 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.
SCHEDULE 1—PRESCRIBED OFFENCES
(Clause 6.2)
Offence Nature of offence Modified
penalty
$
Dangerous
Dog
Modified
Penalty
$
3.1 Failing to provide means for effectively confining a dog 200 As per
Regulations
3.2 Limitation on the number of dogs 100 500
3.5 Failure to comply with conditions of approval to keep
additional dog or dogs 200 500
4.1 Places where dogs are prohibited absolutely 200 500
5.2(2) Dog excreting in public place 250 250
Dated 27 June 2023.
The Common Seal of the Town of Cottesloe was affixed by authority of a resolution of the Council in
the presence of—
LORRAINE YOUNG, Mayor.
WILLIAM MATTHEW SCOTT, Chief Executive Officer.
———————————
2708 GOVERNMENT GAZETTE, WA 4 August 2023
LG402
LOCAL GOVERNMENT ACT 1995
City of Kwinana
BASIS OF RATES
I, Tim Fraser, being delegated by the Minister of the Crown to whom the administration of the Local
Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act,
hereby, and with effect from 24 July 2023, determined that the method of valuation to be used by the
City of Kwinana as the basis for a rate in respect of the land referred to in the Schedule is to be the
gross rental value of the land—
Schedule
Designated Land
UV to GRV All those portions of land being Lot 462, Lot 541, Lots 546 to 561 inclusive, Lots 567
to 579 inclusive, Lots 762 to 768 inclusive and Lot 838 as shown on Deposited Plan
423862.
TIM FRASER, Executive Director Local Government,
Department of Local Government, Sport and Cultural Industries.
———————————
LG403
LOCAL GOVERNMENT ACT 1995
City of Swan
BASIS OF RATES
I, Tim Fraser, being delegated by the Minister of the Crown to whom the administration of the Local
Government Act 1995 is committed by the Governor, and acting pursuant to section 6.28 (1) of that Act,
hereby, and with effect from 19 July 2023, determined that the method of valuation to be used by the
City of Swan as the basis for a rate in respect of the land referred to in the Schedule is to be the gross
rental value of the land—
Schedule
Designated Land
UV to GRV SCHEDULE 'A'
All that portion of land being Lot 160 as shown on Plan 16376.
SCHEDULE 'B'
All those portions of land being Lot 102 as shown on Deposited Plan 39484; Lot
182 as shown on Deposited Plan 36467 and Lot 1004 as shown on Deposited Plan
420360
TIM FRASER, Executive Director Local Government,
Department of Local Government, Sport and Cultural Industries.
———————————
LG404
LOCAL GOVERNMENT ACT 1995
Shire of Dumbleyung
HEALTH AMENDMENT LOCAL LAW 2023
Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it,
the Council of the Shire of Dumbleyung resolved on 20 July 2023 to make the following local law.
Citation
This local law may be cited as the Shire of Dumbleyung Health Amendment Local Law 2023.
Commencement
The local law comes into operation 14 days after the date of its publication in the Government Gazette.
Principal local law
This local law amends the Shire of Dumbleyung Health Local Law 2022 as published in the Government
Gazette on 3 November 2022.
Clause 2.9 Amended
In clause 2.9
(a) Renumber subclause '(7)' as subclause '(8)'.
(b) renumber paragraph '(6)(c)' as 'subclause (7)'.
4 August 2023 GOVERNMENT GAZETTE, WA 2709
5. Clause 5.6(2) Amended
In clause 5.6(2)(b) move the words 'then every owner and occupier of lot commits an offence' to a
separate line.
6. Clause 6.17 Amended
In the first line of paragraph 6.17(c) change the word 'of' to 'or'.
7. Clause 6.24 Amended
In clause 6.24 delete paragraph '(3)'.
8. Clause 7.4 Amended
In clause 7.4 delete paragraph '(4)'.
9. Clause 7.11 Amended
In clause 7.11 delete paragraph '(3)'.
10. Clause 8.7 Amended
In clause 8.7—
(a) delete subclause '(1)'.
(b) in paragraph (2) delete the words 'without limiting the generality of subclause (1)'
(c) renumber subclauses '(2) to (5)' as '(1) to (4)'.
11. Clause 8.32 Amended
In the second line of subclause 8.32(f)(i) change the word 'an' to 'and'.
12. Clause 10.1 Amended
In subclause 10.1(1)(c) move the words 'commits an offence' to a separate line.
Dated 20 July 2023.
The Common Seal of the Shire of Dumbleyung was affixed by authority of a resolution of Council in the
presence of—
JULIE RAMM, Shire President.
GAVIN TREASURE, Chief Executive Officer.
———————————
LG405
LOCAL GOVERNMENT ACT 1995
Shire of Dumbleyung
LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 2023
Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it,
the Council of the Shire of Dumbleyung resolved on 20 July 2023 to make the following local law.
Citation
This local law may be cited as the Shire of Dumbleyung Local Government Property and Public Places
Amendment Local Law 2023.
Commencement
The local law comes into operation 14 days after the date of its publication in the Government Gazette.
Principal local law
This local law amends the Shire of Dumbleyung Local Government and Public Places Local Law 2022
as published in the Government Gazette on 3 November 2022.
Clause 1.5 Amended
In clause 1.5 amend the definition of animal by inserting after 'dog' the phrase 'or a cat'.
Clause 2.6 Amended
In clause 2.6 (1) and (3) replace 'local government' with 'Council'.
Clause 12.3(2) Amended
In clause 12.3(2)—
(a) delete paragraph '(c)'.'
(b) renumber paragraphs '(d) to '(g)' to '(c)' to '(f)'
Clause 15.6(1)(b) Amended
In clause 15.6(1)(b) move the words 'demand from the person the person's name, place of residence and
date of birth' to a separate line.
2710 GOVERNMENT GAZETTE, WA 4 August 2023
Dated 20 July 2023.
The Common Seal of the Shire of Dumbleyung was affixed by authority of a resolution of Council in the
presence of—
JULIE RAMM, Shire President.
GAVIN TREASURE, Chief Executive Officer.
———————————
LG406
BUSH FIRES ACT 1954
LOCAL GOVERNMENT ACT 1995
Shire of Dumbleyung
BUSH FIRE BRIGADES LOCAL LAW 2023
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 20 July 2023 to make the
following local law.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the Shire of Dumbleyung Bush Fire Brigades Local Law 2023.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the Government Gazette.
1.3 Repeal
This local law repeals the Shire of Dumbleyung Bush Fire Brigade Local Law 2022 as published in the
Government Gazette on 3 November 2022.
1.4 Application
This local law applies throughout the district.
1.5 Definitions
(1) In this local law unless the context otherwise requires—
Act means the Bush Fires Act 1954;
AGM means Annual General Meeting;
AIIMS means Australasian Inter-Service Incident Management System;
brigade area is defined in clause 2.1(3)(b);
brigade member means any member referred to in clause 4.1;
brigade officer means a person holding a position referred to in clause 2.2 (3), whether or not he
or she was appointed by the local government or elected at an annual general meeting of a bush
fire brigade or otherwise appointed to the position;
bush fire brigade is defined in section 7 of the Act;
Bush Fire Control Officer means a Bush Fire Control Officer appointed by the local government
under section 38 the Act;
Bush Fire Operating Procedures means the operating procedures adopted by the local
government as amended from time to time;
CEO means the Chief Executive Officer of the local government;
Chief Bush Fire Control Officer means the Chief Bush Fire Control Officer appointed under the
Act;
Committee means the Committee of the bush fire brigade;
DFES means the Department of Fire and Emergency Services;
direct communications is the act of transferring information from one place, person or group to
another with confirmation of understanding and acknowledgement of receipt;
district means the area within the boundary of the Shire of Dumbleyung;
local government means the Shire of Dumbleyung;
local law means the Shire of Dumbleyung Bush Fire Brigades Local Law 2023;
normal brigade activities are defined by section 35A of the Act;
Regulations means Regulations made under the Act;
Rules means the Rules Governing the Operation of bush fire brigades; and
Schedule means a schedule to this local law.
4 August 2023 GOVERNMENT GAZETTE, WA 2711
(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) Fire Control Officer;
(e) any additional Lieutenants;
(f) a Training Officer;
(g) an Equipment Officer;
(h) a Secretary; or
(i) a Treasurer.
means a person holding that position in a bush fire brigade.
PART 2—ESTABLISHMENT AND CANCELLATION OF BUSH FIRE BRIGADES
Division 1—Establishment of a Bush Fire Brigade
2.1 Establishment and naming 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) On establishing a bush fire brigade under clause 2.1(1) the local government is to—
(a) give a name to the bush fire brigade; and
(b) specify the area in which the bush fire brigade is primarily responsible for carrying out the
normal brigade activities (the "brigade area").
(4) The local government must register the brigade in a register kept pursuant to section 41(2) of the
Act.
2.2 Appointment of brigade officers
(1) On establishing a bush fire brigade under clause 2.1(1) the local government is to appoint or provide
for the election of brigade offices as defined in the Rules Governing the Operation of Bush Fire
Brigades (Schedule 1 of this local law).
(2) When considering the appointment or election of brigade officers the local government is to consider
the qualifications, experience and skills required to fill each position.
(3) A person appointed or elected to a brigade is taken to be a brigade member of that brigade.
(4) The appointments expire at the completion of the first annual general meeting of the bush fire
brigade.
(5) If a position becomes vacant prior to the completion of the first annual general meeting, then the
local government may appoint a person to fill the vacancy.
Division 2—Transitional
2.3 Existing bush fire brigades
Where a local government has established a bush fire brigade prior to the commencement date of this
Local Law, from the commencement date—
(a) The bush fire brigade is to be taken to be a bush fire brigade established under and in
accordance with this local law; and
(b) any Rules Governing the Operation of Bush Fire Brigades are to be taken to have been repealed
and substituted with the Rules.
Division 3—Cancellation of a Bush Fire Brigade
2.4 Cancellation of a bush fire brigade registration
The local government may cancel the registration of a bush fire brigade, in accordance with section
41(3) of the Act, if it is of the opinion that the bush fire brigade is not complying with the Act, this local
law, the Bush Fire Operating Procedures or the Rules.
2.5 New arrangement after cancellation of registration
If a local government cancels the registration of a bush fire brigade, the local government is to make
alternative fire control arrangements for that brigade area.
PART 3—OBJECTIVE, ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES
Division 1—Objectives of Bush Fire Brigades
3.1 Objectives
The objectives of the bush fire brigade are to carry out—
(a) normal brigade activities; and
(b) the functions of the bush fire brigade as specified in the Act, the Regulations and this local law.
2712 GOVERNMENT GAZETTE, WA 4 August 2023
Division 2—Local Government Responsibility
3.2 Local government responsible for structure
The local government is to ensure that an appropriate structure through which the organisation of bush
fire brigades is maintained.
3.3 Bush fire brigade to be supplied with Act
The local government is to supply each bush fire brigade with two copies of the Act, the Regulations,
the bush fire brigade operating procedures, relevant local government policies, this local law and any
other written laws which may be relevant to the performance of the brigade officers' functions, and any
amendments which are made thereto from time to time.
Section 26 - Shire of Dumbleyung Health Amendment Local Law 2023 - July 2011 is repealed. | Zoe