792GOVERNMENT GAZETTE, WA 8 April 2024

792 GOVERNMENT GAZETTE, WA 8 April 2024 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 LG Act— (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 by the CEO; (c) the cost of implantation of a microchip referred to in section 30A(3) of the Act; and (d) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act. PART 3—REQUIREMENTS AND LIMITATIONS ON THE 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 an effective operational 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) An occupier who fails to comply with subclause (1) commits an offence. (3) Notwithstanding subclause (1) and (2), 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 dangerous dogs (declared) or dangerous dogs (restricted breeds). (2) This clause does not apply to premises which have been— (a) licenced under Part 4 as an approved Kennel Establishment; or (b) granted an exemption under section 26(3) of the Act. (3) For the purpose of section 26(4) of the Act, a person must not, without a permit, keep or permit to be kept— (a) on premises situated on a lot having an area of 4 hectares or more—4 dogs over the ages of 3 months and the young of those dogs under that age; or (b) on premises situated on any other lot—2 dogs over the age of 3 months and the young of those dogs under that age. PART 4—APPROVED KENNEL ESTABLISHMENT 4.1 Interpretation In this Part and in Schedule 2— adjoining when used in relation to land or premises means any land or premises which have a common boundary or portion of a boundary with a lot or is separated from that lot by a right- of-way, pedestrian access way, access leg of a battle-axe lot or the equivalent not more than 6 metres in width; fit and proper person means a person who does not have an unspent conviction under the Animal Welfare Act 2002 or a history of contravention of the Act licence means a licence to keep an approved kennel establishment on premises; premises, in addition to the meaning given to it in section 3 of Act, means the premises described in the application for a licence; and transferee means a person who applies for the transfer of a licence to him or her under clause 4.14 of this local law. 4.2 Application for licence for approved kennel establishment An application for a licence must be made in the form of that in Schedule 1, and must be lodged with the local government together with— (a) plans and specifications of the kennel establishment, including a site plan; (b) copies of the notices to be given under clause 4.3;