Shire of Esperance Dog Local Law 2024
786GOVERNMENT GAZETTE, WA 8 April 2024
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786 GOVERNMENT GAZETTE, WA 8 April 2024 (2) If the local government approves an application under subclause (1), then it must issue to the applicant a permit in the form determined by the CEO. (3) If the local government refuses to approve an application under subclause (1), then it must advise the applicant accordingly in writing. 3.7 Conditions (1) Every permit is issued subject to the following conditions— (a) each cat kept on the premises to which the permit relates must comply with the requirements of this local law; (b) the permit holder will provide adequate space for the exercise of the cats; and (c) the premises must be maintained in good order and in a clean and sanitary condition. (2) In addition to permit conditions issued under this clause, additional conditions may be applied, as the local government considers appropriate. (3) The permit holder who fails to comply with a condition of a permit commits an offence. 3.8 Duration of permit Unless otherwise specified, in a condition on a permit, a permit commences on the date of issue and is valid until— (a) it is revoked; (b) the cat is deceased; or (c) the permit holder ceases to reside at the premises to which the permit relates. 3.9 Revocation The local government may revoke a permit if the permit holder fails to observe any provision of this local law or a condition of a permit. 3.10 Permit not transferable A permit is not transferable either in relation to the permit holder or the premises. 3.11 Permit to be kept at the premises and available for view A permit issued by the local government must be kept at the premises to which it applies and must be provided to an authorised person on demand. In the case of a registered cattery, the permit must be displayed in a prominent place within the premises. PART 4—FEES, CHARGES AND COSTS 4.1 Fees, 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 31(1)(a) of the Act relating to the removing and impounding of a cat; (b) the charges to be levied under section 31(1)(b) of the Act relating to keeping and caring for a cat; (c) the costs incurred by the operator of a cat management facility under section 31(1)(c) of the Act for the microchipping of a cat prior to release if so required under section 33 of the Act; (d) the cost incurred by the operator of a cat management facility under section 31(1)(d) of the Act for the sterilisation of a cat if so required under section 33 of the Act; and (e) the costs of the destruction and the disposal of a cat under section 34 of the Act. PART 5—OBJECTIONS AND REVIEW 5.1 Objection and appeal rights Any person who is aggrieved by the conditions imposed in relation to a permit, the revocation of a permit, or by the refusal of the local government to grant a permit may object to or appeal against the decision pursuant to the Local Government Act 1995 (Part 9, Division 1—Objections and Review). PART 6—ENFORCEMENT 6.1 Offences Any 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 Prescribed offences (1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section 62(2) of the Act. (2) The amount appearing in the final column of Schedule 2 directly opposite a clause specified in that Schedule is the modified penalty for an offence against that clause.