5156GOVERNMENT GAZETTE, WA 3 November 2022

5156 GOVERNMENT GAZETTE, WA 3 November 2022 (b) the structure or enclosure is in a yard having an otherwise unobstructed area of at least 30 square metres; and (c) no poultry is able to approach within 15 metres of a street other than a right of way unless, in the case of land at the junction of two or more streets, an Authorised Officer has approved a lesser distance. (2) A person who keeps poultry or permits poultry to be kept shall ensure no poultry is able to encroach within 9 metres of a dwelling house, public building, or premises where people are employed or premises where food is stored, prepared manufactured or sold. 5.18 Roosters, Geese, Turkeys, Peafowl and Gamebirds (1) An owner or occupier of premises shall not within a townsite or on properties with an area of 2 hectares or less, keep or permit to be kept on those premises, any one or more of the following birds without the written approval of the local government— (a) a rooster; (b) a goose or gander; (c) a turkey; (d) a peacock or peahen; and (e) a gamebird (includes emus and ostriches). (2) An Authorised Officer may, upon written application, grant approval with or without conditions to the owner or occupier of premises to keep on the premises a specified number of birds under this clause. (3) An Authorised Officer may rescind approval for the keeping of birds under this clause if they cause a nuisance. 5.19 Conditions of keeping pigeons A person who keeps, or permits to be kept, pigeons shall ensure that— (a) none is able to approach within 9 metres of a dwelling, public building or premises where people are employed or where food is stored, prepared, manufactured or sold; and (b) except where homing pigeons are freed for exercise, the pigeons are kept in a properly constructed pigeon loft that is in a yard having an otherwise unobstructed area of at least 30 square metres. 5.20 Removal of nonconforming structures or enclosures If a structure or enclosure is used for the keeping of poultry or pigeons contrary to the provisions of clauses 5.17 or 5.19, as applicable, an Authorised Officer may direct the owner or occupier to amend it or remove it. 5.21 Restrictions on pigeon nesting or perching An Authorised Officer may order an owner or occupier of a house or other structure in or on which pigeons are, or are in the habit of, nesting or perching so as to create a health nuisance to take adequate steps to prevent them continuing to do so. 5.22 Restrictions on feeding wild birds (1) A person shall not feed a pigeon, dove, seagull, ibis, raven or other wild bird— (a) so as to cause a nuisance or be injurious or dangerous to health; or (b) with a food or substance that is not a natural food of a bird. (2) Where an authorised officer forms the opinion that a person has not complied with subclause (1) the authorised officer may serve the person a notice requiring the person to clean up and properly dispose of any feed or waste products specified in the notice. Division 5—Feedlots 5.23 Interpretation feedlot means a confined area with watering and feeding facilities where animals or birds are held and fed for the purpose of weight gain; animal includes cattle, sheep, goats, deer and the like; birds includes roosters, hens, geese, turkeys, ducks, poultry, emus and ostriches; and sensitive land use means land use sensitive to emissions from industry and infrastructure, and includes land uses of residential developments, hospitals, hotels, motels, hostels, caravan parks, schools, nursing homes, child care facilities, shopping centres, playgrounds, public buildings, commercial and industrial land uses which require a high level of amenity or are sensitive to particular emissions. 5.24 Premises to be approved (1) No premises shall be used as a feedlot unless approved by the local government. (2) Subject to subsection (3) no premises shall be approved by the local government unless every portion of such feedlot complies with the minimum separation distances listed in Table 1. (3) Sites unable to satisfy the separation requirements may be approved at the discretion of the local government, if the local government is satisfied that approving the feedlot will not give rise to a health