784GOVERNMENT GAZETTE, WA 8 April 2024

784 GOVERNMENT GAZETTE, WA 8 April 2024 (a) the owner of the cat as defined in the Act; (b) a person by whom the cat is ordinarily kept; (c) a person who has or appears to have immediate custody or control of the cat; (d) a person who keeps the cat, or has the cat in her or his possession for the time being; (e) a person who occupies any premises in which a cat is ordinarily kept or ordinarily permitted to live; or (f) a permit holder of a permit which relates to the cat; (g) the holder of an exemption issued in relation to the cat. permit means a permit issued by the local government under clause 3.6; permit holder means a person who holds a valid permit under clause 3.6; person liable for the control of means each of the following in relation to a cat— (a) the registered owners of the cat; (b) the owner of the cat; (c) the occupier of any premises where the cat is ordinarily kept or ordinarily permitted to live; or (d) a person who has the cat in their possession or under their control, but does not include a registered veterinary surgeon, or a person acting on their behalf, in the course of their professional practice; premises includes the following— (a) land (whether or not vacant); (b) the whole or part of a building or structure (whether of a permanent or temporary nature); and (c) a vehicle. public place includes any place to which the public lawfully has access; RSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western Australia; Schedule means a schedule to this local law; Scheme means a local planning scheme of the local government made by it under the Planning and Development Act 2005 and its antecedents; and single dwelling means a house that stands alone on its own parcel of land. PART 2—CAT CONTROL 2.1 Cat not to be a nuisance (1) An owner must not allow a cat to be or create a nuisance. (2) Where in the opinion of an authorised person, a cat is creating a nuisance, the local government may give written notice to the owner of the cat requiring that person to abate the nuisance. (3) When a nuisance has occurred and a notice to abate the nuisance is given, the notice remains in force for the period specified by the local government in the notice which must not exceed twenty eight (28) days. (4) A person given a notice to abate the nuisance must comply with the notice within the period specified in the notice. 2.2 Cat prohibited areas (1) Unless in accordance with written authorisation from the local government a cat must not be in a cat prohibited area, as provided for in Schedule 1, at any time. (2) If a cat is in a cat prohibited area contrary to subclause (1), the owner of the cat commits an offence. (3) An authorised person may seize and remove, or direct the seizure and removal of a cat from a cat prohibited area, pursuant to the Act. PART 3—PERMITS FOR KEEPING CATS 3.1 Interpretation In this Part, and for the purposes of applying the definition of cattery in Part 3— cat does not include a cat less than 6 months old. 3.2 Cats for which a permit is required (1) Subject to clause 3.2(2) a person is required to have a permit— (a) to keep more than two(2) cats on any single dwelling or grouped dwelling premises to a maximum of six (6) cats; (b) to keep more than two (2) cats on any multiple dwelling property to a maximum of three (3) cats; or (c) to use any premises as a cattery. (2) A permit is not required under clause 3.2(1) if the premises concerned are—