Shire of Kent Fencing Local Law 2023

20 November 2023 GOVERNMENT GAZETTE, WA 3733 CAT ACT 2011 ANIMALS, ENVIRONMENT AND NUISANCE LOCAL LAW 2023 Under the powers conferred by the Local Government Act 1995, the Cat Act 2011 and under all other powers enabling it, the Council of the Shire of Kent resolved on 20 September 2023 to make the This local law may be cited as the Shire of Kent Animals, Environment and Nuisance Local Law 2023. The following local laws are repealed— (a) the Shire of Kent Local Laws Relating to the Removal of Refuse, Rubbish, Litter, Derelict Vehicles; Vehicle Bodies and other Materials or Things published in the Government Gazette on

23 March 1998; and (b) Shire of Kent Cat Control Local Law published in the Government Gazette on 23 March 1998. 1.5 Terms Used (1) In this local law, unless the context specifies otherwise— Act means the Local Government Act 1995; affiliated person means a person who is a member of a poultry or pigeon club incorporated under the Associations Incorporation Act 2015; amusement means anything usually conducted for amusement at a fair, a carnival or a show, whether conducted at a fair, a carnival or a show or elsewhere; authorised person means a person authorised by the local government to perform any of the functions under this local law and includes the CEO; aviary bird means any bird, other than poultry or pigeons, kept, or usually kept in an aviary or cage; birds includes poultry; builder means the holder of a building permit issued in respect of building works on a building site or a person in control of a building site; building permit has the meaning given to it by the Building Act 2011; building site means any lot for which a building permit is current; Code of Practice—Pigeon Keeping means the document entitled A Code of Practice—May 1994—Pigeon Keeping and Pigeon Racing published in May 1994 by the Pigeon Racing Federation of WA (Incorporated) and the Independent Racing Pigeon Federation (Incorporated), as amended from time to time; cow includes an ox, calf or bull; development has the meaning given to it in the Planning and Development Act 2005; development approval means a development approval under a local planning scheme; development site includes any lot or lots for which there is currently a development or subdivision approval, and any lot or lots upon which construction work, earthworks, clearing of scrub, trees or overgrowth or any other site works are taking or have taken place; disused means, in relation to any thing whatsoever, that the thing— (a) is not in use for the purpose for which it was designed or appears to have been designed or intended; or (b) has been stored or left stationary on land in the district for more than 1 month; dust means any visible granular or particulate material which has or has the potential to become airborne and includes organic and non-organic matter and sand, but does not include smoke; EHO means an Environmental Health Officer appointed by the local government;

3734 GOVERNMENT GAZETTE, WA 20 November 2023 equipment means equipment, machinery or vehicles used for, or in connection with, the development of land; food premises includes the meaning of “food” as given under section 9 of the Food Act 2008 and the meaning of “food business”, as given under section 10 of the Food Act 2008; general industry zone means any area zoned “General Industry” under a local planning scheme; horse means a stallion, mare, gelding, shetland pony, pony, colt or foal, and includes an ass, mule, donkey and any beast of whatever description used for burden or draught or for carrying persons; land includes any building or structure on the land; licence holder means a person who holds a valid licence; light industry zone means any area zoned “Light Industry” under a local planning scheme; liquid waste means waste from any process or activity that is in liquid form and includes paint, fuel, grease, fat, oil, degreaser solvent, detergent, chemical, animal waste, food waste, effluent and all discharges of liquid to land, air or water that are not otherwise authorised by a written law but does not include uncontaminated stormwater; livestock means any horse, cow, sheep, goat, swine, buffalo, deer, camel, llama or alpaca; livestock vehicle means a vehicle that contains livestock or previously has been used for the carriage of livestock; local planning scheme has the meaning given to it by the Planning and Development Act 2005; lot has the meaning given to it by the Planning and Development Act 2005; miniature horse means a horse which meets the standard and height for a miniature horse as described by the Miniature Horse Association of Australia Inc; miniature pig means a pig that does not exceed 650 millimetres in height as an adult and weighs less than 55 kilograms; mixed used zone means any area zoned “Mixed Use” under a local planning scheme; nuisance means— (a) an activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law; (b) an unreasonable interference with the use and enjoyment of a person of his or her ownership or occupation of land; or (c) interference which causes material damage to land or other property on the land affected by the interference; occupier means any person who is in control of any land or part of any land or authorised by the owner, lessee, licensee or any other person empowered to exercise control in relation to land to perform any work in relation to any land and includes a builder or contractor; owner has the meaning given in section 1.4 of the Act; pigeon includes homing pigeons and other domesticated breeds of the species Columba livia, but does not include native pigeons or doves whether or not the keeping of such birds is subject to the approval of the Department of Biodiversity, Conservation and Attractions; poultry includes fowls, roosters, ducks, peafowls, turkeys, geese, guinea fowls, pheasants and other birds commonly kept for the production of eggs or meat for domestic consumption; (b) not requiring compliance with local public notice under section 1.7 of the Local Government Act; and (c) the local government may place the notice given as a public notice on the local government’s website or other means of informing the public; refuse means any waste material including bricks, lime, cement, concrete, rubble, stones, iron, timber, tiles, bags, plastics, ashes, vegetation, timber, wood or metal shavings, sawdust, and waste food, and includes any broken, used, derelict or discarded matter; Regulations means the Local Government (Functions and General) Regulations 1996; residential building has the meaning given to it in the Residential Design Codes of Western Australia as amended; residential zone includes any area zoned under a local planning scheme as— (i) “Residential”; (ii) “Mixed Use” where the land use or intended use, is predominantly for residential purposes as determined by an authorised person; (iii) “Special” or “Cultural and Natural Resource” within a townsite where the land use or intended use is aligned and consistent with residential purposes as determined by an authorised person;

20 November 2023 GOVERNMENT GAZETTE, WA 3735 rural zone means any area zoned under a local planning scheme as— (a) “Rural”; (b) “Rural Smallholding”; or (c) “Special” or “Cultural and Natural Resource” outside a townsite where the land use or intended use is aligned and consistent with rural purposes as determined by an authorised person; rural residential zone means any area zoned “Rural Residential” under a local planning scheme; sand means granules or particles of rock, earth, clay, loam, silt and any other granular, particulate or like material including dust and gravel; Schedule means a schedule to this local law; set fee means a fee or charge made by the local government under sections 6.16 to 6.19 of the Act; stormwater means any naturally occurring water that results from rainfall on or around a site, or water flowing onto the site; subdivision approval means a subdivision approval under the Planning and Development Act 2005; thoroughfare has the meaning given to it in section 1.4 of the Act; truck means a motor vehicle having a tare weight in excess of 3,000 kilograms; unreasonable noise has the meaning given to it by the Environmental Protection Act 1986; vectors of disease means an arthropod or rodent that transmits, by biological or mechanical means, an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs, crab lice, body lice and head lice; vermin includes rats, mice, flies, fleas, mites, lice, cockroaches and any other animal, whether vertebrate or invertebrate, which is known to be a vector of disease or likely to cause damage to human food, habitation or possessions; and written notice means a written notice issued in accordance with Part 9. (2) Any other expression used in this local law and not defined herein shall have the meaning given to it in the Act. (3) Where, in this local law, a duty, obligation or liability is imposed on an “owner or occupier” the duty shall be deemed to be imposed jointly and severally on each owner and occupier.

PART 2—KEEPING OF ANIMALS 2.1 Interpretation In this Part, unless the context otherwise requires— animal includes cats, dogs, rabbits and ferrets or the like; catteries are premises registered for the breeding or caring of cats; and member of a cat organisation means a person referred to in the Cat Regulations 2012 regulation 23(c). 2.2 Cleanliness An owner or occupier of premises in or on which a dog, cat or other animal is kept shall— (a) keep the premises free from excrement, filth, food waste and all other matter which is or is likely to become offensive or injurious to health, or to attract rats or other vectors of disease; (b) when so directed by an EHO, clean and disinfect the premises; and (c) keep the premises, so far as possible, free from flies or other vectors of disease, by spraying with a residual insecticide or other effective means. 2.3 Animal enclosures (1) A person shall not keep or cause, or permit to be kept, any animals on premises which are not effectively drained or of which the drainage flows to the walls or foundations of any building. (2) The owner or occupier of premises where animals are kept shall, when given written notice, pave, grade and drain the floors of all structures and the surface of the ground of all enclosures used for the keeping of animals. 2.4 Cats (1) Subject to clause 2.5, a person shall not keep more than 3 cats over the age of 6 months on premises on any land within the district, without a licence from the local government. (2) An owner or occupier of premises may apply to the local government for exemption from the requirements of subclause (1). (3) The local government shall not grant a licence under subclause (2) unless it is satisfied that the number of cats to be kept will not be a nuisance or injurious or dangerous to health.

3736 GOVERNMENT GAZETTE, WA 20 November 2023 (4) An exemption granted under this clause shall specify— (a) the owner or occupier to whom the exemption applies; (b) the premises to which the exemption applies; and (c) the maximum number of cats which may be kept on the premises. (5) A person who is granted an exemption under subclause (2) may be subject to conditions, including but not limited to— (i) replacement of a cat not permitted if it dies or is permanently removed from the premises not being permitted; (ii) the licence holder will provide adequate space for the exercise of the cats; (iii) the premises shall be maintained in good order and in a clean and sanitary condition; and (iv) such other conditions, as the local government considers appropriate. 2.5 Conditions for keeping cats (1) The occupier of any premises shall not keep a cattery on those premises, unless the cattery is registered with the local government and the occupier has complied with the following conditions— (a) the occupier shall obtain a licence from the local government to establish a cattery; (b) upon receiving a licence to establish a cattery, the occupier shall apply for registration of the cattery in the form determined by the local government; (c) the occupier shall have paid, to the local government, the annual registration set fee; (d) the occupier shall provide, for every cat, a properly constructed shelter with an enclosure, which shall comply with the following conditions— (i) every shelter shall have a floor area of not less than 0.50 square metres for every cat over the age of 3 months old that may be kept therein; and (ii) the area of the enclosure appurtenant to any shelter or group of shelters forming a cattery shall not be less than 3 times the area of the shelter or group of shelters to which it is appurtenant; (e) every shelter or enclosure shall be at least 10 metres from the boundary of any land not in the same ownership or possession, or at least 10 metres from any dwelling, church, schoolroom, hall, factory, dairy or premises wherein food is manufactured, packed or prepared for human consumption; and (f) all enclosures, yards, runs and shelters within which cats are kept shall be maintained at all times in a clean condition and free from vectors of disease and shall at any time be cleaned, disinfected or otherwise dealt with as an EHO may direct. (2) A certificate of registration of a cattery issued by the local government shall— (a) be in the form approved by local government; and (b) expire on 30 June next after the date of its issue. 2.6 Keeping of fauna fauna means any animal, bird or reptile indigenous to or which periodically migrates to any State or Territory of the Commonwealth or the territorial waters of the Commonwealth and includes in relation to any such animal— (a) any class of animal or individual member; (b) the eggs or larvae; or (c) the carcass, skin, plumage or fur unless it has been shed or discarded by the fauna in a normal or natural manner. (2) Notwithstanding the provisions of this Part, a person may keep fauna for the period and under such conditions as may be authorised by the department of the Public Service principally assisting in the administration of the Conservation and Land Management Act 1984.

PART 3—KEEPING OF BIRDS 3.1 Keeping of poultry and pigeons in a residential or mixed use zone (1) An owner or occupier of premises in a residential or mixed use zone shall not keep or permit to be kept on the premises— (a) more than 12 poultry; and (b) more than 12 pigeons unless the owner or occupier is an affiliated person in which case the maximum number of pigeons may be increased to 100. (2) An owner or occupier of premises in a residential or mixed use zone may apply to the local government to vary the requirements of subclause (1). 3.2 Conditions for keeping of poultry (1) A person who keeps poultry or permits poultry to be kept shall ensure that— (a) no poultry shall be kept less than 5 metres from any residential building on the land; (b) no poultry is able to approach within— (i) 9 metres of the property’s primary public thoroughfare;

20 November 2023 GOVERNMENT GAZETTE, WA 3737 (ii) 3 metres of any other public thoroughfare; or (iii) 15 metres of a neighbouring residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold; (c) all structures or enclosures within which poultry are kept are maintained at all times in a clean condition; and (d) where the structure has an impervious floor, it is laid with a fall to the front of at least 1 in 50. (2) An owner or occupier of a premises who keeps poultry or permits poultry to be kept may apply to the local government to vary the requirements of subclause (1)(b) or (d). 3.3 Roosters, geese, turkeys and peafowl (1) An owner or occupier of premises in a residential or mixed use zone shall not keep or permit to be kept on the premises— (a) roosters; (b) geese; (c) turkeys; (d) peafowls; or (e) guinea fowl. (2) An owner or occupier of premises in a residential or mixed use zone may apply to the local government to vary the requirements of subclause (1). 3.4 Conditions for keeping of pigeons (1) A person who keeps pigeons, or permits pigeons to be kept, shall ensure that— (a) all pigeons are kept in a properly constructed pigeon loft, except where registered homing pigeons are freed for exercise; (b) all structures or enclosures within which pigeons are kept are maintained at all times in a clean condition; (c) no opening to a pigeon loft, including openings for ventilation, is within 9 metres of any residential building; and (d) no opening to a pigeon loft, including openings for ventilation, is within— (i) 9 metres of a public thoroughfare; or (ii) 15 metres of a neighbouring residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold. (2) An affiliated person who keeps pigeons, or permits pigeons to be kept, shall do so in accordance with the Code of Practice—Pigeon Keeping, subject to the provisions of this local law. 3.4 Restrictions on pigeon nesting and perching The local government may order an owner or occupier of a house on or in which pigeons are, or are in the habit of nesting or perching, to take adequate steps to prevent them from continuing to do so. 3.5 Conditions of keeping aviary birds A person who keeps, or permits to be kept, aviary birds shall ensure that— (a) the aviary or cage in which the birds are kept is located at least 1 metre from any lot boundary and at least 5 metres from a residential building on any other lot; (b) there is a floor beneath the roofed area of the aviary or cage which is constructed of smooth, impervious material with a gradient of at least 1 in 50 to the front of the aviary or cage; (c) the aviary or cage is kept in clean condition and good repair at all times; (d) all feed for the birds other than that intended for immediate consumption is stored in vermin proof containers; and (e) effective measures are taken to prevent the attraction or harbourage of vermin. 3.6 Nuisance caused by birds An owner or occupier of land shall not keep any bird or birds which— (a) are or create a nuisance; or (b) emit an unreasonable noise.

PART 4—KEEPING OF FARM ANIMALS 4.1 Interpretation In this Part, unless the context otherwise requires— approved animal means any farm animal which is the subject of a licence; farm animal includes a sheep, cow, goat, horse (excluding a miniature horse), deer, alpaca, pig (excluding a miniature pig) or any other animal so classified by the local government; and manure receptacle means a receptacle constructed of smooth, impervious material and in such a manner as to be easily cleaned, which has a tight fitting lid or cover to prevent the release of odours and prevent the entry of vectors of disease or vermin.

3738 GOVERNMENT GAZETTE, WA 20 November 2023 4.2 Licence required to keep farm animals Subject to clause 4.4, an owner or occupier of land shall not keep, or allow to be kept, any farm animal unless— (a) in accordance with a valid licence authorising the keeping of such a farm animal issued in relation to the land pursuant to clause 4.3; or (b) in a rural or rural residential zone and in accordance with the provisions of any local planning scheme applicable to that zone. 4.3 Application for a licence to keep farm animals In addition to the requirements of clause 8.1, an application for a licence required by clause 4.2(a) shall include the following information— (a) a plan of the property, at a scale not less than 1:200, with dimensions clearly marked, showing where it is proposed that the animal is to be kept and the distance of that location from any residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold; (b) a sketch plan, at a scale of 1:100, indicating the nature of the shelter or housing to be provided for the animal; (c) a detailed written plan for the management of manure which addresses— (i) control of flies and other vermin; (ii) disease prevention; and (iii) prevention of nuisance odours; and (d) the appropriate set fees. 4.4 Determination of application to keep farm animals (1) Subject to clauses 4.5 and 8.2(1)(a), the local government may— (a) refuse to determine an application for a licence which does not comply with clause 4.3; (b) approve an application for a licence subject to such conditions as it considers appropriate; or (c) refuse to approve an application for a licence. (2) Where an application for a licence is approved subject to conditions, the licence holder shall comply with those conditions or cause compliance with those conditions. (3) Where the local government approves an application under subclause (1)(b), it is to issue to the applicant a licence in the form determined by the local government. (4) A licence is valid from the date of issue until 30 June the following year, unless it is cancelled prior to that date under this local law. 4.5 Conditions of licence to keep farm animals (1) A licence shall not be granted pursuant to clause 4.4— (a) unless the land for which the licence is sought is of such dimensions and configuration as will permit the subject animal to be confined in a minimum cleared area of 150 square metres and prevented from approaching within 15 metres of any residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold; (b) in the case of a horse (other than a miniature horse) or cow, unless the land for which the licence is sought has a minimum area of 1 hectare; and (c) for the keeping of any pig (other than a miniature pig). (2) The local government shall take into account the opinions of occupiers of adjoining properties in determining whether to grant a licence for the keeping of a farm animal. (3) A licence to keep a farm animal may be issued subject to conditions, including— (a) that a stable or shelter is provided for housing the approved animal; (b) that a manure receptacle is provided in a position convenient to the shelter or place where the approved animal is kept, and that the receptacle is used for the receipt of all manure produced on the premises; and (c) any other conditions that the local government considers necessary for the protection of the health and amenity of the neighbourhood. 4.6 Requirements for keeping farm animals (1) An owner or occupier of premises upon which a farm animal or farm animals are kept, shall— (a) maintain the place or places where the animals are kept in clean condition; (b) ensure that any farm animal or farm animals kept on the premises does not cause or constitute a nuisance; (c) maintain the premises free from flies or other vermin by spraying with residual insecticide or other effective means; (d) if a manure receptacle is required to be used— (i) cause all manure produced on the premises to be collected daily and placed in the receptacle;

20 November 2023 GOVERNMENT GAZETTE, WA 3739 (ii) cause the receptacle to be emptied as often as is necessary to prevent it becoming offensive or a breeding place for flies or other vermin, but in any case at least once a week; and (iii) keep the lid of the receptacle closed except when manure is being deposited or removed; and (e) not permit any farm animal to approach within 15 metres of any residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold. (2) An owner or occupier of premises in a rural or rural smallholding zone shall not keep more than 6 pigs other than on premises registered as a piggery pursuant to the provisions of the Health (Miscellaneous Provisions) Act 1911, except with a licence from the local government. 4.7 Keeping a miniature horse (1) An owner or occupier of a premises may keep only a sterilised miniature horse on land of not less than 1,000 square metres in area provided it is registered with the local government and the annual registration set fee is paid. (2) An owner of occupier of premises shall— (a) not keep more than one miniature horse on land zoned residential or mixed use without a licence from the local government or an authorised person; and (b) not permit a miniature horse to come within 9 metres of any residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold. (3) The local government or an authorised person may prohibit the keeping of a miniature horse on any land or may state the conditions under which a miniature horse may be kept. 4.8 Keeping a miniature pig (1) Except for a miniature pig, and subject to subclause (2) no person shall keep a pig or pigs, in a townsite. (2) A person shall not keep a miniature pig in any residential, mixed use or rural residential zone without a licence from the local government or an authorised person. (3) An owner or occupier of premises where a miniature pig is kept shall— (a) only keep a sterilised animal and retain written proof of its sterilisation; (b) confine the animal on the property at all times; (c) ensure the animal does not cause a nuisance to any neighbour regarding noise, dust, or odour; (d) maintain documentary evidence that the animal’s veterinary treatment against roundworm and tapeworm is current; and (e) not permit the animal to come within 9 metres of any residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold. (4) The local government or an authorised person may prohibit the keeping of a miniature pig on any land, or state the conditions under which the miniature pig may be kept. 4.9 Requirements for farm animal shelters (1) Any stable, enclosure or shelter provided for the keeping of farm animals, whether or not a licence is required for the keeping of such farm animals pursuant to clause 4.4, shall— (a) not be situated within 15 metres of any residential building, public building or premises where people are employed or premises where food is stored, prepared, manufactured or sold; (b) not be situated within 1 metre of any lot boundary; (c) be constructed of materials approved by an authorised person; (d) have on each side of the building between the wall and roof a clear opening of at least 150 millimetres in height, and of sufficient length, to provide adequate ventilation to the stable, enclosure or shelter; (e) when required by the local government have a separate stall for each horse, cow or other approved animal, the shortest dimension of which shall be at least twice the length of the animal housed therein; and (f) subject to subclause (2), have a floor, the upper surface of which shall— (i) be raised at least 75 millimetres above the surface of the surrounding ground; (ii) be constructed of cement, concrete or other similar impervious material; and (iii) have a fall of 1 in 100 to a drain which shall empty into a trapped gully situated outside the stable or shelter. (2) A stable or shelter constructed with a sand floor may be approved by an authorised person subject to— (a) the site being well drained, with the sand floor being at least 1.5 metres above the highest known ground water level; (b) a 300 millimetre thick bed of crushed limestone being laid under the sand of the stable; (c) the sand, whether natural or imported, being clean, coarse and free from dust; (d) footings to the stable or shelter being a minimum of 450 millimetres below ground level; and

3740 GOVERNMENT GAZETTE, WA 20 November 2023 (e) the design of the stable allowing for the access of small earthmoving machinery, such as a skid steer loader, into each stall to maintain the correct floor height. (3) An owner or occupier of any land upon which a stable or shelter is located must ensure that the stable or shelter complies in all respects with the requirements of subclause (1), and, where the licence referred to in subclause (2) has been granted, with the requirements of subclause (2). 4.10 Livestock not to stray The owner or person in charge of livestock shall not permit that livestock to stray or to be at large in a thoroughfare, public place or upon private property without the consent of the property owner. 4.11 Property to be fenced The owner or occupier of property on which livestock is kept, shall cause the property or a portion of the property to be fenced in a manner capable of confining the livestock, to that portion where the livestock is kept.

PART 5—BUILDING, DEVELOPMENT AND LAND CARE 5.1 Application of this Part This Part applies only within the townsites. 5.2 Provision of refuse receptacles The owner or occupier of a building site or development site shall at all times provide and maintain a refuse receptacle, available for use on the site, which includes a suitable cover, to the satisfaction of an authorised person, of such design as will— (a) contain any refuse likely to be produced on the site; and (b) prevent refuse being blown from the receptacle by wind. 5.3 Control of refuse (1) From the time of commencement of works on a building site or development site until the time of completion of such work, the owner or occupier of the site shall— (a) ensure all refuse on the site is placed and contained in the refuse receptacle and prevented from being blown from the site by wind; (b) keep the site free from any refuse; (c) maintain the verge, footpath and any other reserve, immediately adjacent to the site, free of refuse from the site; and (d) ensure the refuse receptacle is emptied when full. (2) The owner or occupier of a building site or development site shall ensure that within 2 days of completion of works on the site, the site and the verge and footpath immediately adjacent to it, is cleared of all refuse and all refuse receptacles are removed from the site. 5.4 Prohibited activities for prevention of dust and liquid waste (1) An owner and or occupier of land must take reasonable steps or measures to— (a) stabilise dust on the land; (b) contain all liquid waste on the land; and (c) ensure no dust or liquid waste is released or escapes from the land, whether by means of wind, water or any other cause. (2) Subclause (1)(c) does not apply to land where the primary activity is broad acre farming. (3) Where the local government forms the opinion that an owner or occupier has not complied with subclause (1) the local government may give written notice requiring the owner and or occupier to do one or more of the following— (a) comply with subclause (1)(a) or (1)(b); (b) clean up and properly dispose of any released or escaped dust or liquid waste; (c) clean up and make good any damage resulting from the released or escaped dust or liquid waste; and (d) take effective measures to stop any further release or escape of dust or liquid waste. (4) Where written notice is issued under subclause (3), the requirements of the notice must be complied with in the period as is specified in the notice. (5) Where the local government forms the opinion that dust or liquid waste has escaped or has been released from an activity undertaken on land or as a consequence of the use of equipment on land, the local government may give written notice requiring that the activity or use of equipment on the land be ceased immediately, for such period as is specified in the notice on— (a) any owner or occupier of the land; or (b) any operator of equipment on the land. (6) Where the local government is of the opinion that dust or liquid waste may be released or escape as a result of an activity which is likely to be carried out from any land, the local government may give to the owner and or occupier written notice providing that the activity may only be carried on subject to conditions specified in the notice.

20 November 2023 GOVERNMENT GAZETTE, WA 3741 5.5 Dust management If an owner or occupier of land intends to undertake any work involving the clearing of land, from which any sand or dust is likely to be released whether by means of wind, water or any other cause, the local government may require the owner, occupier or builder to— (a) submit a Dust Management Plan in accordance with the Department of Water and Environmental Management document “A guideline for managing the impacts of dust and associated contaminants from land development sites, contaminated sites remediation and other related activities” (March 2011), or any updated version of this document; and (b) obtain written approval of the Dust Management Plan from an authorised person before commencement of any work. 5.6 Removal of refuse and disused materials (1) The owner or occupier of a lot shall not keep, or permit to remain on the lot, any refuse, rubbish or disused material of whatever nature or kind which in the opinion of the local government or an authorised person is likely to give the lot an untidy appearance and does not conform with the general appearance of other land in that particular part of the district. (2) The local government or an authorised person may give written notice to the owner or occupier of a lot requiring the removal of refuse, rubbish or disused material from the lot within the time specified in the notice. 5.7 Removal of unsightly overgrowth of vegetation (1) The owner or occupier of a lot shall not permit to remain on a lot, any unsightly overgrowth of vegetation that gives the lot an untidy appearance and does not conform with the general appearance of other land in that particular part of the district. (2) The local government or an authorised person may give written notice to the owner or occupier of a lot requiring the removal of the overgrowth of vegetation within the time specified in the notice. 5.8 Storage of vehicles, vessels and machinery (1) The owner or occupier of a lot shall not— (a) store, or allow to remain in public view on any lot, more than 1 vehicle, vessel or machinery (whether licensed or not) in a state of disrepair; (b) store, or allow to remain in public view on any lot, any vehicle, vessel or machinery in a state of disrepair for a period in excess of 1 month; (c) store, or allow to remain in public view on any lot, any vehicle, vessel or machinery parts (including tyres); (d) wreck, dismantle or break up any vehicle, part or body of a vehicle, vessel or machinery except where performed— (i) inside a building; or (ii) within an area enclosed by a fence or wall of not less than 1.8 metres in height and of such a nature as to screen all vehicles, parts or bodies of vehicles, vessels or machinery from the thoroughfare and from adjoining properties; or (e) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance. (2) Subclause (1) does not apply to land zoned for general industry or light industry under a local planning scheme. 5.9 Disposing of disused refrigerators or similar containers A person shall not place, leave or dispose of a disused refrigerator, ice chest, ice box, trunk, chest or other similar article having a compartment which has a capacity of 0.04 cubic metres or more on any land without first— (a) removing every door and lid and every lock, catch and hinge attached to a door or lid; or (b) rendering every door and lid incapable of being fastened.

PART 6—NUISANCES AND DANGEROUS THINGS 6.1 Application of this Part This Part applies only within the townsites. 6.2 Use of exterior lights An owner or occupier of land on which floodlights or other exterior lights are erected or used, shall not allow the floodlights or other exterior lights to shine directly onto any other premises. 6.3 Emission or reflection of light An owner or occupier of land shall ensure that— (a) artificial light is not emitted or reflected from anything on the land so as to illuminate premises outside that land to more than 50 lux; and (b) natural light is not reflected from anything on the land so as to create or cause a nuisance to the occupier of any other premises or to a person lawfully using a thoroughfare.

3742 GOVERNMENT GAZETTE, WA 20 November 2023 6.4 Notice may require specified action to prevent emission or reflection of light (1) The local government may by written notice direct the owner or occupier to take such actions as an authorised person considers necessary within the time specified in the notice where— (a) floodlights or other exterior lights shine directly onto any other premises; (b) artificial light is emitted or reflected from anything on the land so as to illuminate premises outside the land to more than 50 lux; or (c) natural light is reflected from anything on the land so as to create or cause a nuisance to the occupier of any other premises or to a person lawfully using a thoroughfare. (2) The notice referred to in subclause (1) may direct that— (a) floodlights or other exterior lights are used only during the hours specified in the notice; (b) the direction in which the lights shine be altered as specified in the notice; (c) any reflective surfaces be painted or otherwise treated so as to abate the nuisance; or (d) any combination of these measures that the local government believes to be appropriate to the circumstances. 6.5 Burning rubbish, refuse or other material (1) A person shall not set fire to rubbish, refuse or other materials unless— (a) a licence has first been obtained from the local government; (b) the person demonstrates to the satisfaction of the local government that reasonable alternatives for the disposal of the rubbish, refuse or other material do not exist and the potential for pollution is low; (c) the material does not include any plastic, rubber, food scraps or other material likely to cause the generation of smoke or odour in such quantity as to cause a nuisance to other persons; (d) a haze alert has not been issued by the Bureau of Meteorology for the period during which burning is to take place; and (e) the burning complies with the Bush Fires Act 1954, any annual fire hazard reduction notice issued by the local government under that Act and any conditions of a licence as determined by the local government. (2) Subclause (1) shall not apply to any barbeque, solid fuel water heater, space heater or ovens fired with dry paper, dry wood, synthetic char or charcoal type fuel. (3) Subclause (2) is subject to any fire danger rating as determined by the Bureau of Meteorology. 6.6 Burning of cleared vegetation prohibited An owner or occupier of any building or development site shall ensure that no vegetation or other material cleared from the site is burnt on the site. 6.7 Escape of smoke, fumes, odours and other emissions An owner or occupier of land or premises shall not cause or permit the escape of smoke, fumes or odours from the land or premises in such quantity or of such a nature as to cause or to be a nuisance to any person. 6.8 Disposal of swimming pool backwash (1) The owner or occupier of land on which a swimming pool is constructed shall ensure that all backwash is not permitted to discharge onto or run-off onto adjacent land so as to cause a nuisance, or cause damage to any structures situated on adjacent land. (2) Subclause (1) shall not prevent the discharge of swimming pool backwash from a lot into a local government approved stormwater drain or road by a method approved by an authorised person. 6.9 Containment of stormwater (1) Subject to subclause (2), the owner or occupier of a lot shall ensure that all stormwater received by any building, house, other structure or any paved or sealed or other surfaced areas including any vehicle access ways on the lot is contained within the lot and is not permitted to discharge onto or run-off onto adjacent land so as to cause a nuisance, or cause damage to any structures situated on adjacent land. (2) Subclause (1) shall not prevent the discharge of stormwater from a lot into a local government approved stormwater drain or road. 6.10 Amusements nuisance A person shall not, without written authorisation from the local government, provide or conduct any amusement on land so as to create or be a nuisance to any owner or occupier of land in the district. 6.11 Restrictions on feeding of birds (1) A person shall not feed a bird— (a) so as to cause a nuisance, or (b) with a food or substance that is not a natural food of a bird. (2) Where an authorised person forms the opinion that a person has not complied with subclause (1) the authorised person may give the person written notice requiring the person to clean up and properly dispose of any feed or waste products specified in the notice.

20 November 2023 GOVERNMENT GAZETTE, WA 3743 6.12 Hazardous trees (1) Where a tree on a lot endangers any person or thing on adjoining land, the local government may give written notice to the owner or the occupier of the lot to remove, cut, move or otherwise deal with that tree so as to make the tree safe. (2) Where a tree on a lot presents a serious and immediate danger to any person or thing, the local government may take any remedial action it considers appropriate in order to make the tree safe without having given the owner or occupier written notice pursuant to subclause (1). (3) The local government reserves its right to recover any costs incurred by the local government for remedial action taken in terms of subclause (2).

PART 7—VEHICLE NUISANCE 7.1 Livestock vehicles (1) A person shall not park a vehicle containing livestock in a townsite for a period in excess of 30 minutes. (2) A person shall not park a vehicle which contains or has been used for the carriage of livestock so as to create or be a nuisance to any person, by reason of the odour emanating from the vehicle. (3) If a person parks a vehicle containing livestock in a townsite in accordance with subclause (1), then the person does not contravene subclause (2). 7.2 Truck noise from residential land A person shall not start or drive a truck on land zoned, approved or used for residential purposes between the hours of 10.30 pm and 6.30 am on the following day without first obtaining the written consent of the local government.

PART 8—LICENCES 8.1 Application for licence (1) Where a person is required to obtain a licence under this local law, that person shall apply for the licence in accordance with subclause (2). (b) be signed by the applicant; (c) provide the information required; and (d) be forwarded to the local government together with any set fee. (4) An authorised person may require an applicant to give public notice of the application for a licence. (5) An authorised person may refuse to consider an application for a licence which is not in accordance with subclause (2) or where the requirements of subclause (3) or (4) have not been satisfied. 8.2 Decision on application for licence (1) An authorised person may— (a) approve an application for a licence unconditionally or subject to any conditions; or (b) refuse to approve an application for a licence. (2) If an authorised person approves an application for a licence, written notice of approval is to be issued to the applicant. (3) If an authorised person refuses to approve an application for a licence, written notice of that refusal is to be given to the applicant. (4) An authorised person may, at any time, amend a condition of a licence and the amended condition takes effect when written notice of it is given to the licence holder. 8.3 General restrictions on grant of licence (1) An authorised person shall not grant a licence if there are reasonable grounds for believing that the carrying on of the activity to which the application relates would constitute an unacceptable risk to the safety of the public. (2) An authorised person shall not grant a licence unless satisfied that— (a) the applicant is capable of carrying on the activity in accordance with this local law and the terms and conditions of the licence; (b) the public place at which the activity is to be provided is suitable for that purpose; (c) a licence or similar authority granted or issued to the applicant has not been cancelled in the period of 5 years before the application is made; and (d) the applicant is considered to be a fit and proper person to carry on the activity. 8.4 Amendment of licence (1) An authorised person may, by written notice given to the licence holder, amend a licence— (a) imposing any new condition; or

3744 GOVERNMENT GAZETTE, WA 20 November 2023 (b) change or remove any existing condition. (2) An amendment may be made on application made by the licence holder or on the initiative of an (3) An amendment will come into effect on the day that written notice is given to the licence holder, or some other date as specified in the notice. 8.5 False or misleading statement 8.6 Compliance with conditions Where an application for a licence has been approved subject to conditions, the licence holder shall comply with each of those conditions, as amended. 8.7 Duration of licence A licence is valid for one year from the date on which it is issued, unless it is— (a) otherwise stated in this local law or in the licence; or (b) cancelled under this Division. 8.8 Renewal of licence (1) A licence holder may apply to the local government for the renewal of a licence. (2) An application for renewal shall— (b) be signed by the licence holder; (c) provide the information required by the form; (d) be forwarded to the local government no later than 28 days before the expiry of the licence, or within a shorter period that the local government in a particular case permits; and (e) be accompanied by any set fee. (3) The provisions of this Part that apply to an application for a licence also apply to an application for the renewal of a licence as though it were an application for a licence. 8.9 Transfer of licence (1) An application for the transfer of a valid licence is— (a) to be made in writing; (b) to be signed by the licence holder and the proposed transferee of the licence; (c) to include such information as an authorised person may require to enable the application to be determined; and (d) to be forwarded to the local government together with any set fee. (2) An authorised person may— (a) approve an application for the transfer of a licence; (b) approve the application subject to any conditions; or (c) refuse to approve the application. (3) Where an authorised person approves an application for the transfer of a licence, the transfer may be effected by an endorsement on the licence signed by the authorised person. (4) Where an authorised person approves the transfer of a licence, the local government is not required to refund any part of any set fee paid by the former licence holder. 8.10 Cancellation of licence A licence may be cancelled by an authorised person if— (a) the licence was obtained improperly; (b) the licence holder has persistently or frequently contravened a term or condition of the licence, or a provision of this local law; or (c) there are reasonable grounds for believing that the continued provision of the activity constitutes or would constitute an unacceptable risk to the safety of the public. 8.11 Surrender of licence A licence holder may, at any time by notice in writing to the local government, surrender the licence. 8.12 Production of licence A licence holder shall produce to an authorised person her or his licence immediately after being required to do so by that authorised person. 8.13 Production of licence document for amendment If an authorised person amends or renews a licence, the licence holder shall, if required by an authorised person, produce the licence document to the authorised person for amendment within the period specified by the authorised person.

20 November 2023 GOVERNMENT GAZETTE, WA 3745 8.14 Return of licence document if licence no longer in effect (1) The person who was the licence holder shall as soon as practicable return the licence document to the local government if a licence— (a) has expired or has not been renewed; (b) has been cancelled; or (c) has been surrendered. (2) On the cancellation of a licence under clause 8.10 the licence holder is to be taken to have forfeited any fees paid in respect of the licence.

PART 9—NOTICES 9.1 Notice to remedy non-compliance Where any thing is required to be done or not permitted to be done by this local law, an authorised person may give written notice— (a) to the owner or the occupier of the property or property which abuts that portion of the thoroughfare where the thing has been done or not done; or (b) to any other person who may be responsible for the thing done or not done, requiring the person to comply with the requirements of this local law. 9.2 Notice requirements (1) Written notice given under this Part shall— (a) be in writing; (b) given to the person referred to in clause 9.1; (c) specify the reason for giving the notice; (d) the action that is required to be undertaken; and (e) the time within which the work or action is to be undertaken. (2) At the discretion of the local government, the action that may be required to be undertaken is— (a) to take or cease such action as may be required for compliance with this local law; (b) reinstate the property or thing to the state it was in before the removal, damage or interference; (c) replace that property or thing; or (d) pay for the costs of reinstatement or replacement. 9.3 Offence to fail to comply with notice A person who fails to comply with written notice given to him or her under this local law commits an offence. 9.4 Local government may undertake requirements of notice If a person fails to comply with written notice referred to in clause 9.1, the local government may— (a) do the thing specified in the notice, including replace the property, or reinstate the property to the state it was in before the removal, damage or interference; (b) take whatever remedial action it considers appropriate to put the local government in the position it would have been in if the breach or failure had not occurred; and (c) recover all costs from the person, as a debt. 9.5 Entry into private land This local law is subject to sections 3.25, 3.27 and schedules 3.1 and 3.2 of the Local Government PART 10—OBJECTIONS AND APPEALS 10.1 Objections and appeals Division 1 of Part 9 of the Act applies to a decision under this local law in respect of the grant, renewal, transfer, amendment or cancellation of a licence or consent. PART 11—ENFORCEMENT 11.1 Offences 11.2 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 $500 for each day or part of the day during which the offence has continued.

3746 GOVERNMENT GAZETTE, WA 20 November 2023 11.3 Prescribed offences (1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section 9.16(1) of the Act. (2) The amount of a modified penalty for a prescribed offence is the number specified adjacent to the clause in Schedule 1. 11.4 Form of infringement notices in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;

Schedule 1 of the Regulations; and the Regulations. Schedule 1—Prescribed offences [clause 11.3] $ 1 2.2(a) Failure to keep premise free from excrement, filth, food waste and other matter likely to be offensive or injurious to health, attracts, vermin or insects 2 2.2(b) Failure to keep premises clean and disinfected when given written notice 3 2.2(c) Failure to keep premises free of flies, or when given written notice, spray premises with residual insecticide or use other means to kill or repel flies 4 2.3 Failure to maintain adequate enclosures 250 5 2.5 Keep, or permit to be kept, any poultry, not in accordance with conditions of these local laws 6 2.7 Keep, or suffer to remain in a residential zone, a rooster, turkey, goose or geese, or peafowl 7 2.9 Failing to keep cages, enclosures and lofts maintained to minimum standard specified in the Code of Practice 8 2.10 Failing to prevent pigeons nesting or perching 250 9 2.11 Failing to keep aviary birds in accordance with conditions of this local law 10 2.12 Keeping birds so as to create a nuisance 250 11 2.13(1) Failure to obtain a licence to keep bees 250 12 2.13(3) Failure to comply with any obligation when temporarily keeping bees 13 2.15 Failure to comply with a condition of a licence to keep bees 250 14 2.20 Creation of a nuisance from keeping of bees or beehives 250 15 2.21 Failure to comply with written notice of local government 250 16 2.21 Failure to comply with written notice to remove bees or beehives for contravention of local law 17 2.22 Keeping a farm animal without a valid licence 250 18 2.27 Failure to comply with the conditions for keeping farm animals 250 19 2.28 Keeping a miniature horse on land without a licence 250 20 2.29 Keeping a miniature pig on land without a licence 250 21 2.32(2) Permitting livestock to stray, or be at large in a thoroughfare, public place or private property without consent 22 2.32(1) Failing to keep property fenced in a manner capable of confining livestock 23 3.1 Failure to provide or maintain a refuse receptacle on a building or development site 24 3.2 Failure to control refuse on a building or development site 500

20 November 2023 GOVERNMENT GAZETTE, WA 3747 $ 25 3.3 Unauthorised storage of materials 500 26 3.4 Release or escape of dust or liquid waste from land 500 27 3.5 Commencing works involving clearing of land without an approved Dust Management Plan 28 3.6 Burning of cleared vegetation or other material from a building or development site 29 3.9(a) Storing, or allow to remain on land, more than one vehicle, vessel or machinery in a state of disrepair 30 3.9(b) Storing, or allow to remain on land, any vehicle, vessel or machinery in a state of disrepair for a period in excess of 1 month 31 3.9(c) Storing, or allow to remain on land, any vehicle, vessel or machinery parts (including tyres) 32 3.9(d)(i) Wreck, dismantle or break up any vehicle part or body, vessel or machinery not inside a building 33 3.9(d)(ii) Wreck, dismantle or break up any vehicle part or body, vessel or machinery not behind a sufficient fence or wall 34 3.9(e) Wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance of—

20 November 2023 GOVERNMENT GAZETTE, WA 3749 BUSH FIRES ACT 1954 BUSH FIRE BRIGADES LOCAL LAW 2023 Under the powers conferred by the Bush Fires Act 1954, the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Kent resolved on 20 September 2023 to make the

1. Citation This local law may be cited as the Shire of Kent Bush Fire Brigades Local Law 2023.
2. Commencement This local law will come into operation 14 days after publication in the Government Gazette.
3. Application
4. Repeal The By-laws of the Kent Shire Council Relating to the Establishment, Maintenance and Equipment of Bush Fire Brigades for the Shire or any part of the Shire of Kent published in the Government Gazette on 6 May 1977, are repealed.
5. Definitions (1) In this local law unless the context otherwise requires— Act means the Bush Fires Act 1954; bush fire brigade is defined in section 7 of the Act; bush fire brigade member means a volunteer fire fighter having current membership of a bush fire brigade; bush fire brigade officer means a person holding a position referred to in clause 7(1)(c); bush fire control officer means a person appointed by the local government to exercise the powers of a bush fire control officer or bush fire officer in accordance with the Act and this local law; captain means the person holding or acting in that position in a bush fire brigade; Council means the Council of the local government; lieutenant means the person holding that position in a bush fire brigade; normal brigade activities is defined by section 35A of the Act; Regulations means Regulations made under the Act; and volunteer fire fighter has the meaning given to it in section 35A of the Act. (2) In this local law, unless the context otherwise requires, a reference to— (a) a captain; (b) a first lieutenant; (c) a second lieutenant; and (d) any additional lieutenants; means a person holding that position in a bush fire brigade.
6. Establishment of a bush fire brigade (1) The Council by resolution 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) A bush fire brigade established under subclause (1) is to hold a meeting at least once every financial year to appoint persons to the positions in clause 7(1)(c).
7. Name and area of bush fire brigade (1) On establishing a bush fire brigade under clause 6(1) the Council by resolution is to— (a) give a name to the bush fire brigade;

3750 GOVERNMENT GAZETTE, WA 20 November 2023 (b) specify the area in which the bush fire brigade is primarily responsible for carrying out the normal brigade activities; and (c) appoint— (i) a captain; (ii) a first lieutenant; (iii) a second lieutenant; and (iv) additional lieutenants if the local government considers it necessary. (2) A person appointed to a position pursuant to subclause (1)(c) is to be taken to be a bush fire brigade member. (3) The appointments referred to in subclause (1)(c) expire at the completion of the first annual general meeting of the bush fire brigade. (4) In accordance with section 43 of the Act, the local government may remove or appoint officers of a bush fire brigade as deemed necessary or appropriate. (5) Subject to subclause (4)— (a) an election is to be held at the first annual general meeting by the members of the brigade for appointments to the positions referred to in subclause (1)(c) and every subsequent annual general meeting; and (b) if a position referred to in subclause (1)(c) becomes vacant prior to the completion of the first annual general meeting or at any time, then the brigade members are to vote for a replacement member to fill the position. (6) The brigade members may elect, set the term of office, describe the duties of, and dismiss, any person to any other position including secretary, treasurer, equipment officer, training officer or other positions, and may combine those positions. (7) The brigade members may establish types of brigade membership including fire fighting members, auxiliary members, cadet members, and honorary life members. 8. Duties of captain and bush fire brigade officers (1) The duties of the captain are to— (a) provide leadership to bush fire brigades; (b) monitor bush fire brigades’ resourcing, equipment and training levels; (c) liaise with the local government concerning— (i) fire prevention or fire suppression matters generally; (ii) directions to be issued by the local government to bush fire control officers, including those who issue permits to burn; and (iii) bush fire brigade officers; (d) ensure that a list of bush fire brigade members is maintained; (e) report annually to the local government the office bearers of the bush fire brigade in accordance with the Regulations; (f) report to the local government at least annually, for consideration and appropriate provision being made in the next local government budget, the status of a bush fire brigade’s— (i) training and readiness; (ii) protective clothing; (iii) equipment; and (iv) vehicles and appliances; (g) nominate persons to the local government for appointment as bush fire control officers by the local government; (h) arrange for normal brigade activities as authorised by the Act or by the local government; and (i) where a vacancy occurs in a position appointed under clause 7(1)(c), to— (i) advise the CEO of the vacancy as soon as practicable; and (ii) make alternate suitable arrangements for that position until an appointment is made. (2) The duties of lieutenants are to— (a) provide support to the captain; (b) command and manage members during emergencies and other bush fire brigade related activities; (c) demonstrate positive leadership and mentor members; (d) maintain open lines of communication and encourage positive interaction and teamwork between members; (e) ensure members engaged in firefighting activities hold competencies relevant to the task; (f) assist coordination and conduct of training activities for members; and (g) in the absence of the captain or more senior lieutenant present assume the responsibilities and duties of that office and take responsibility for the performance of bush fire brigade activities.

20 November 2023 GOVERNMENT GAZETTE, WA 3751 Dated this 20 September 2023 of—

20 November 2023 GOVERNMENT GAZETTE, WA 3753 CEMETERIES ACT 1986 CEMETERIES LOCAL LAW 2023 Under the powers conferred by the Cemeteries Act 1986 and the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Kent resolved on 20 September 2023 to adopt the following local law. This local law may be cited as the Shire of Kent Cemeteries Local Law 2023. This local law applies to— (a) Nyabing Cemetery (Reserve 14218); and (b) Pingrup Cemetery (Reserve 18750). The Shire of Kent Local Laws Relating to the Nyabing Public Cemetery, and Pingrup Public Cemetery published in the Government Gazette on 23 March 1998 are repealed. In this local law, unless the context otherwise requires— Act means the Cemeteries Act 1986; administrator means— (a) the administrator or executor of an estate of a deceased person; (b) the person who, by law or practice, has the right to apply for administration of the estate of the deceased person; or (c) a person having the lawful custody of a dead body; ashes means so much of the remains of a dead body after the due processes of cremation as may be contained in a standard sized cremation urn of which the volume does not exceed 4,000 cubic centimetres, or such greater volume as approved by the CEO in writing; authorised person means a person appointed by the Board for the purposes of performing any function or exercising any power, conferred upon an authorised officer by this local law, and includes the CEO; Board means the local government; burial means placement of a coffin containing a dead body into a grave, and includes a natural burial; business day means any week day as the context requires— (a) other than a public holiday in Western Australia, or (b) that reasonable notice has been given that the Shire office is closed; cemetery means a cemetery specified in clause 1.3; CEO means the Chief Executive Officer, for the time being, of the Board; coffin means— (a) a coffin or other receptacle used for the transportation of a dead body to the grave site; (b) the receptacle used for the burial of a dead body in a grave; and (c) includes the containment of the dead body only in a shroud or biodegradable coffin; funeral director means a person— (a) holding current membership of— (i) the Australian Funeral Directors Association, or (ii) the National Funeral Directors Association; or (b) a person authorised by the personal representative of a deceased person, and approved by the CEO;

3754 GOVERNMENT GAZETTE, WA 20 November 2023 grave cover means a covering a grave of durable material whether permeable or impermeable; headstone means a memorial designed for placement at the head of a grave, commemorating a grave or the placement of ashes; interment includes, as the case may be— (a) burial of a dead body; (b) placement of ashes in a grave, niche wall or under a commemorative plaque; or (c) scattering of ashes within a cemetery; interment permit means a single funeral permit issued by the Board under section 20 or 21 of the Act which entitles the holder to conduct the interment of a person named in the permit, and includes placement of ashes in a niche wall or memorial local, or scattering of ashes; mausoleum means a burial chamber wholly above or partially above and below ground level, so constructed as to allow the deposition of dead bodies into a compartment in the wall or floor and being sealed from view; memorial has the meaning set out in the Act; memorial plaque means a panel, plate or tablet designed or used for purposes of bearing a commemorative inscription; memorial work means to install, repair, renovate or remove a memorial; monument means a sculpture, statue, cover of a grave or other form of memorial approved by the Board commemorating a grave or the placement of ashes, other than a headstone or memorial plaque; natural burial means burial in the ground— (a) without preparation of the dead body using chemical preservatives; and (b) by containment of the dead body only in a shroud or biodegradable coffin; personal representative means— (a) the administrator or executor of an estate of a deceased person; (b) the person who, by law of practice, has the right to apply for administration of the estate of the deceased person; or (c) a person having the lawful custody of a dead body; set fee refers to fees and charges set by a resolution of the Board and published in the Government Gazette, under section 53 of the Act; standard grave means a grave which does not exceed any of the following dimensions: 2.4m long, 1.2m wide and 2.1m deep; utility services means municipal or public services and include the supply of water, electrical power, gas and refuse, building waste and sewerage disposal services; vault means a below ground lined grave with 1 or more sealed compartments constructed to specifications approved from time to time by the Board; and vehicle includes— (a) every conveyance and every object capable of being propelled or drawn on wheels, tracks or otherwise; and (b) where the context permits, an animal being ridden or driven, but excludes— (c) a wheelchair or any device designed for use by a physically impaired person on a footpath; and (d) a pram, stroller or similar device. PART 2—ADMINISTRATION 2.1 Powers and functions of CEO Subject to any directions given by resolution of the Board, the CEO shall exercise all the powers and functions of the Board in respect of each cemetery. 2.2 Plans (1) The Board shall establish and maintain a plan of each cemetery showing— (a) the location of areas set aside for burials, niche wall compartments, and placement of ashes in a garden; (b) the location of an area to be used only for burials of persons of a particular religious denomination; (c) the location of different areas of each cemetery to which different requirements for memorials apply; (d) the location of areas set aside for the works and other uses as specified in sections 24(2)(a) and (b) of the Act; and (e) areas restricted from burial without approval of the CEO.

20 November 2023 GOVERNMENT GAZETTE, WA 3755 (2) The Board may from time to time establish and vary the boundaries of any area referred to in subclause (1). (3) The plans referred to in subclause (1) shall be open for inspection by members of the public during normal office hours of the Board. 2.3 Grant of right of burial (1) Upon payment of the set fee, a grave, niche compartment or memorial location shall be granted right of burial for a period in accordance with section 25(1) of the Act. (2) Upon payment of the set fee, a grant of right of burial shall be extended for a further period in accordance with section 25(2) or (4) of the Act. (3) A grant of right of burial made and recorded at the commencement of this local law, shall remain valid for the periods specified by the Act. (4) If the Board refuses to an application under subclause (1) or (2), written notice of the refusal is to 2.4 Board may enter into an agreement for maintenance The Board may enter into an agreement with the holder of a grant of right of burial under clause 2.3 for the maintenance of an area of a cemetery at the expense of the holder. PART 3—APPLICATION FOR INTERMENT 3.1 Application for interment permit (1) A funeral director may apply for approval for interment in a cemetery. (2) An application for an interment permit of a dead body and shall include coffin specifications and details of the vehicle transporting the dead body to the gravesite. (3) An application under subclause (1) shall be accompanied by the set fee. 3.2 Applications to be accompanied by certificates etc. (1) An application under clause 3.1 shall be accompanied by a certificate issued under clause 3.3, in respect of the dead body. (2) The Board may require that an application under clause 3.1 be accompanied by either a medical certificate of death or a Coroner’s order of burial, in respect of the dead body. 3.3 Certificate of identification (1) After a dead body is placed in a coffin and prior to the dead body being removed to a cemetery, a person who personally knew the deceased shall identify the dead body and shall provide a certificate of identification, unless— (a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or (b) after reasonable effort the funeral director is unable to arrange for a person to identify the dead body. (2) A funeral director shall provide a certificate of identification, where— (a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or (b) after reasonable effort the funeral director is unable to arrange for a person to identify the dead body. 3.4 Minimum notice required An application for interment shall be made to the Board at least 5 business days prior to the day proposed for interment, otherwise an extra charge may be made. 3.5 Refusal of application (1) The Board may refuse an application for an interment permit— (a) if in the opinion of the Board, either the coffin specifications or the details of the vehicle transporting the dead body to the gravesite are not structurally sound or are otherwise inadequate or inappropriate; or (b) on any other grounds. (2) If the Board refuses to approve an application under subclause (1), written notice of the refusal is to PART 4—FUNERALS AND MEMORIAL SERVICES 4.1 Fixing times for interments (1) On receipt of a properly completed application form and the satisfaction of all other requirements of the Act and this local law, the Board may— (a) approve a time for the funeral; and (b) dig or re-open any grave that is required. (2) The time approved for an interment is at the discretion of the Board but will be as near as possible to the time requested by the applicant.

3756 GOVERNMENT GAZETTE, WA 20 November 2023 (3) Except with the permission of the Board and subject to such conditions as may be applied, a person shall not carry out an interment— (a) on a Saturday, a Sunday or a public holiday; (b) commencing at any time other than between the hours 9:00 am to 2.00 pm; or (c) to conclude later than 3.00pm. 4.2 Memorial services or processions Upon application, the Board may permit, with or without interment or broadcasting of ashes— (a) the conduct of a memorial service; or (b) a procession. 4.3 Processions The time fixed by the Board for interment shall be the time at which the procession is to arrive at the cemetery gates, and, if not punctually observed, then the applicant who applied to hold the interment under clause 3.1 shall if required, pay the set fee for being late. 4.4 Conduct of interments by the Board When conducting an interment, or for the purposes of deciding whether to conduct an interment, under section 22 of the Act the Board may— (a) require a written request to be made for the Board to conduct an interment; (b) in its absolute discretion, charge any person requesting it to conduct an interment the set fee for the conduct of that funeral; (c) where no fee or a reduced fee has been charged by it for the conduct of the interment, determine the manner in which the interment shall be conducted; (d) specify an area in the cemetery for the interment; (e) conduct the funeral notwithstanding the failure of a person to make any application or to obtain any consent required under this local law; and (f) do or require anything which is considered necessary or convenient for the conduct of the funeral by the Board. PART 5—INTERMENTS 5.1 Requirements for burials and coffins (1) A person shall not bring a dead body into a cemetery unless— (a) the Board has approved an application for the burial of that dead body in accordance with clause 3.1; (b) it is enclosed in a coffin which in the opinion of the Board is adequate to the task and bears the name of the deceased person indelibly inscribed in legible characters on a plate properly affixed in a clearly visible position on the lid of the coffin; and (c) under the plate referred to in paragraph (b) there is a substantive lead strip bearing the surname of the deceased person stamped in legible characters, each character being not less than 10 mm in height. (2) Where the dead body is contained in a shroud or biodegradable coffin— (a) the plate referred to in subclause (1)(b) is to be placed on the outside of the shroud or biodegradable coffin; and (b) the lead strip referred to in subclause (1)(c) is to be placed inside the shroud or biodegradable coffin. 5.2 Preparation of graves (1) A person shall not dig or prepare a grave or fill a grave, unless that person has the permission of the Board. (2) Regardless of prior grant of right of burial under clause 2.3 or gravesite approved upon application made under clause 3.1, the Board may direct the digging or preparation of a grave in an alternate position, where— (a) evidence of a prior interment is found, or known to have occurred; (b) access to the position is constrained; (c) the digging or preparation of the grave is unreasonably difficult; or (d) utility services may be interfered with. (3) Where an alternative position for the grave is directed under subclause (2), the Board is to advise the funeral director immediately. 5.3 Dimensions of graves (1) A person shall not bury a dead body in a cemetery other than in a standard grave, unless that person has the permission of the CEO. (2) Every grave prepared by the Board shall be dug at least 1.8m deep and shall not exceed 2.3m in depth, unless otherwise determined by the Board.

20 November 2023 GOVERNMENT GAZETTE, WA 3757 (3) A person shall not bury a dead body within a cemetery so that the distance from the top of the coffin to the original surface of the ground is— (a) subject to paragraph (b), less than 1600mm, unless that person has the permission of the CEO; or (b) in any circumstances less than 750mm. (4) The permission of the Board in subclause (3) shall not be granted unless in the opinion of the CEO exceptional circumstances require granting of that permission. 5.4 Ashes not to be held by the Board The Board shall not accept custody of ashes of a deceased person. 5.5 Disposal of ashes (1) Except in accordance with an approved application under clause 3.2, a person shall not bring or dispose of the ashes of a deceased person in a cemetery. (2) A funeral director, the personal representative of a deceased person whose body has been cremated, or other person approved by the CEO, may apply to the Board for permission to dispose of the ashes of that deceased person in a cemetery by one of the following methods, if that method is available— (a) placed in a niche wall; (b) placed in a grave, vault or mausoleum subject to the appropriateness of the interment as determined by the Board; (c) scattered in an area approved by the Board; (d) placed in a memorial garden; or (e) placed in or under other memorials approved by the Board. (3) The Board may require a person making an application under subclause (2) to— (a) provide additional information reasonably related to the application before determining the application; and (b) where to be placed in a grave or other position containing the remains of a dead person, to— (i) provide the consent of the deceased person’s personal representative; or (ii) establish the appropriateness of the relationship between the deceased person whose ashes are to be interred, and the person previously interred to the CEO’s satisfaction. (4) The Board may— (a) approve an application under subclause (2) unconditionally or subject to any conditions; or (b) refuse to approve an application under subclause (2). (5) Where an application under subclause (2) has been approved subject to conditions, the applicant must comply with each of those conditions, as amended. (6) If the Board refuses to approve an application under subclause (2), written notice of the refusal is to 5.6 Vaults and mausoleums (1) A person shall not construct a vault or mausoleum within a cemetery, except with the specific approval of the Board. (2) A vault or mausoleum within a cemetery shall at all times remain the property of the Board. (3) An application under subclause (1) shall be in writing and shall be accompanied by payment of the set fee. (4) The Board may require a person making an application under subclause (1) to provide additional information reasonably related to the application before determining the application. (5) The Board may— (a) approve an application under subclause (1) unconditionally or subject to any conditions; or (b) refuse to approve an application under subclause (1). (6) Where an application under subclause (1) has been approved subject to conditions, the applicant must comply with each of those conditions, as amended. (7) If the Board refuses to approve an application under subclause (1), written notice of that refusal is to be provided to the applicant. (8) A person shall not place a dead body in a vault or mausoleum except— (a) in a closed coffin; (b) in a soundly constructed and sealed chamber; and (c) in accordance with subclause (9). (9) The number of burials in a chamber must not exceed the number for which the chamber was designed. 5.7 Re-opening a grave (1) A person shall not reopen a grave without the approval of the Board. (2) If for the purpose of re-opening a grave in a cemetery, the Board finds it necessary to remove plants, grass, shrubs or other like matter from the grave, then the person ordering the re-opening of that grave shall bear the cost of the removal and any necessary reinstatement.

3758 GOVERNMENT GAZETTE, WA 20 November 2023 5.8 Exhumation of a coffin (1) Subject to subclause (2), a person shall not exhume a coffin in a cemetery for the purposes of reburial within 12 months after the date of its interment. (2) Subclause (1) shall not apply where the exhumation is ordered or authorised pursuant to the Act. (3) Subject to subclause (1) and (2) prior to any other exhumation, the holder of a grant of right of burial must have applied in writing to the CEO requesting the exhumation and the CEO has authorised the exhumation. 5.9 Opening of coffin A person shall not open a coffin in a cemetery unless— (a) the coffin is opened for the purposes of the exhumation of a dead body; or (b) that person has produced to the CEO an order signed by the Commissioner of Police and the CEO has approved the opening of that coffin. PART 6—APPLICATIONS FOR MEMORIALS 6.1 Application to place memorial (1) Upon payment of the set fee, the Board may approve an application to place a memorial with or without conditions, including restricting use of materials such as wood, dimensions of a memorial etc, so as not to detract from the amenity of the cemetery. (2) The Board may require the written consent of the holder of the right of burial of the grave, the personal representative of a deceased person, or other person to the satisfaction of the CEO to accompany an application for a memorial made under section 30 of the Act. (3) Where written consent is not able to be produced, the Board may approve with or without conditions or decline an application in its absolute discretion. (4) If the Board refuses to approve an application under subclause (2), written notice of that refusal is to be provided to the applicant. 6.2 Australian War Graves Notwithstanding anything in this local law to the contrary, the Office of Australian War Graves— (a) may place a complying memorial on a military grave; and (b) is not required to pay the set fee for any memorial that is placed upon a military grave. PART 7—MEMORIALS PERMITTED 7.1 Requirement for memorial works (1) Memorial works shall comply with such requirements and conditions as may be imposed by resolution the Board, including but not limited to— (a) grave cover— (i) dimensions not to exceed the width and length of a standard grave without approval under clause 7.2(3); (ii) thickness not to exceed 150mm; and (iii) materials; (b) headstone, memorials and bases, monuments— (i) dimensions not to extend beyond any grave cover in place or the dimensions of a standard grave if no grave cover is in place; (ii) height; and (iii) materials; (c) plaques— (i) maximum dimensions; (ii) dimensions shall not extend beyond any base upon which the plaque is mounted; and (iii) materials; and (d) gravesite boundary, whether kerbing, loose or cemented rock, or fencing— (i) dimensions shall not to exceed the width and length of a standard grave without approval under clause 7.2(3); (ii) height; and (iii) materials. (2) Where memorial works are approved under subclause (1) and are to be undertaken by the Board, the memorial works shall be— (a) at the expense of the administrator; (b) the expense shall be calculated in accordance with the set fee; and (c) if specified, on the agreed date at the agreed time.

20 November 2023 GOVERNMENT GAZETTE, WA 3759 7.2 Limitation on dimensions of memorials (1) No part of any memorial works, including any kerbing, boundary marker or enclosure is to extend beyond the dimensions of a standard grave. (2) No part of a headstone, memorial plaque or monument above its base shall extend horizontally beyond its base. (3) Notwithstanding subclause (1), on request of an administrator, the Board may approve memorial works over multiple adjoining gravesites— (a) where the persons interred are of the same family; or (b) for another acceptable reason. 7.3 Display of trade names on memorials not allowed A person shall not display any trade names or marks on a memorial other than a farm or property name, or location having a close relationship with the deceased person. PART 8—MEMORIALS AND OTHER WORK 8.1 Numbering of graves A person shall not install a memorial on a grave unless the number of that grave is, depending on the area where the grave is located, indelibly and legibly inscribed either on the base of the head of the monument or on the base of the headstone, or if this is not practicable, on the kerbing at the foot of the grave. 8.2 Carrying out memorial work (1) A person shall not carry out memorial work within a cemetery unless that person is authorised by the Board to do so under clause 6.1. (2) All material required in the erection and completion of any memorial work shall be prepared before being taken to a cemetery. (3) The Board may place restrictions on the hours of work, access to a cemetery or other matters considered appropriate. (4) Memorial works shall be suspended during the conduct of any funeral within a cemetery. (5) Work is not permitted to be left unattended in an untidy or unsafe state. 8.3 Removal of sand, soil or loam No sand, earth or other material shall be taken from any part of a cemetery for use in the construction of any memorial or other work, or cause any material to be removed from a cemetery except with the written approval of the Board. 8.4 Removal of rubbish All refuse, rubbish or surplus material remaining after approved memorial works are completed shall be immediately removed from the cemetery by the person carrying out the same. 8.5 Plants and trees No trees or shrubs shall be planted on any grave or within a cemetery except such as shall be approved by the Board. 8.6 Supervision All workers, whether employed by the Board or by any other person, shall at all times while within the boundaries of the cemetery be subject to the supervision of an authorised person and shall obey any directions of an authorised person. 8.7 Placing of grave ornaments (1) A person shall not place vases or other grave ornaments— (a) outside the perimeter of a grave in a cemetery as defined in the plans kept and maintained under section 40(2) of the Act; or (b) outside of an area set aside by the Board as a memorial plaque section. (2) The use of glass, porcelain, ceramics or pottery is not permitted, other than that already in place at commencement of this local law. 8.8 Hours of work Except in accordance with the permission of an authorised person, a person shall not carry out memorial or other work within a cemetery— (a) during a funeral; or (b) other than between the hours of 8:00 am and 5:00 pm on a business day. 8.9 Unfinished work A person who does not complete any work before 5:00 pm on a business day shall leave the work in a neat and safe condition to the satisfaction of the Board.

3760 GOVERNMENT GAZETTE, WA 20 November 2023 PART 9—GENERAL 9.1 Vehicle access and speed limitation (1) A person shall drive a vehicle on a vehicular access way or the constructed roadway or other areas designated for the use of vehicles within a cemetery, unless otherwise authorised by the Board. (2) A person driving a vehicle, within a cemetery, shall not exceed the speed limit of 10km per hour, and shall comply with the signs and directions in the cemetery. 9.2 Animals A person shall not bring an animal into or allow an animal to enter or remain in a cemetery, other than— (a) an assistance animal as defined in section 9(2) of the Disability Discrimination Act 1992 (Commonwealth); or (b) with the approval of the Board or an authorised person. 9.3 Utility services (1) Other than with the approval of the Board, a person shall not— (a) connect any device or equipment to any utility services supplied on or at a cemetery; or (b) alter or interfere with utility services infrastructure located in a cemetery. (2) The Board may recover from a person the reasonable costs incurred by the Board for the supply to and use of any utility services by that person at a cemetery. 9.4 Damaging and removing of objects Subject to clause 9.5, a person shall not damage, remove or pick any tree, plant, shrub or flower in a cemetery or any other object or thing on any grave or memorial or which is the property of the Board without the permission of the Board. 9.5 Withered flowers A person may remove withered flowers from a grave or memorial and these are to be disposed of in an appropriate manner. 9.6 Littering and vandalism A person shall not— (a) damage, deface or interfere with any monument or gravesite in any manner whatsoever; (b) break or cause to be broken any glass, ceramic or other material in or upon a cemetery; or (c) discard, deposit, leave or cause to be discarded, deposited or left any refuse or litter in a cemetery other than in a receptacle provided for that purpose. 9.7 Advertising (1) A person shall not advertise or carry on any trade, business or profession in a cemetery without the approval of the Board. (2) Upon payment of the set fee, the Board may consider and give approval subject to such conditions as the Board thinks fit. 9.8 Compliance with signs and directions of the Board (1) The Board may display, mark, place or erect a sign within a cemetery specifying conditions relating to the use of the cemetery. (2) A person shall obey all signs displayed, marked, placed or erected by the Board within a cemetery and any other lawful direction of the Board or an authorised person. 9.9 Removal from a cemetery (1) Any person failing to comply with any provisions of this local law or behaving in a manner that in the opinion of the Board is inappropriate in a cemetery may in addition to any penalty provided by this local law be ordered to leave the cemetery. (2) A person to whom an order under subclause (1) is given must comply with that order. 9.10 Board may close cemetery The Board may— (a) temporarily close a cemetery or any part of it; (b) exclude from a cemetery the public and all persons or so many of the public or so many persons as the Board consider to be necessary; (c) regulate, prohibit or restrict access to a cemetery or any part of it; or (d) direct persons to leave a cemetery or any part of it, for purposes of— (i) a funeral or public convenience; (ii) maintenance, redevelopment or extension of the cemetery; (iii) public safety; or (iv) other operational reasons.

20 November 2023 GOVERNMENT GAZETTE, WA 3761 9.11 Liability for damage or works required to comply Where a person— (a) causes damage to any grave, memorial, structure, building, furniture, plant or any other item or thing in a cemetery; (b) does a thing not authorised by this local law; or (c) does not do a thing required by this local law; the Board may by notice in writing to that person require that person within the time required in the notice to, at the option of the Board— (d) pay the costs of reinstating the property to the state it was in prior to the occurrence of the damage; (e) pay the costs of replacing that property; (f) pay the costs of works required to comply with this local law; or (g) carry out works required to comply with this local law. 9.12 Offence to fail to comply with notice Whenever the Board gives a notice under this local law requiring a person to do any thing, if a person fails to comply with the notice, that person commits an offence. 9.13 Board may undertake requirements of notice Where a person fails to comply with a notice referred to in clause 9.12, the Board may do the thing specified in the notice and recover from the person to whom the notice was given, as a debt, the costs incurred in so doing. 9.14 False or misleading statement A person shall not make a false or misleading statement in connection with any matter under this local law.

PART 10—OBJECTIONS AND REVIEW 10.1 Objections and review

Division 1 of Part 9 of the Local Government Act 1995 applies to a decision under this local law to— (a) refuse an application for a permit; (b) impose or vary a condition of a permit; or (c) revoke a permit.

PART 11—OFFENCES AND MODIFIED PENALTIES 11.1 Offences 11.2 General penalties A person who commits an offence under this local law commits is liable on conviction to a penalty not exceeding $500, and if the offence is of a continuing nature, to an additional penalty not exceeding $20 for every day or part of a day during which the offence has continued. 11.3 Modified penalties (1) The offences specified in Schedule 1 are offences which may be dealt with under Section 63 of the Act. (2) The modified penalty payable in respect of an offence specified in Schedule 1 is set out in the fourth column of Schedule 1. (3) The infringement notice referred to in Section 63(1) of the Act shall be in the form set out in Schedule 2. (4) The notice withdrawing an infringement notice referred to in Section 63(3) of the Act shall be in the form set out in Schedule 3. Schedule 1—Modified Penalties [cl.11.2] Penalty $ 1 4.2(a) Holding a memorial service without permission 50 2 4.2(b) Conducting a procession without permission 50 3 5.1 Failure to obtain approval to bring a dead body into a cemetery 50 4 5.2(1) Unauthorised digging, preparation or filling of grave 50

3762 GOVERNMENT GAZETTE, WA 20 November 2023 Penalty $ 5 5.3(1) Unauthorised burial of dead body 50 6 5.5(1) Unauthorised disposal of ashes 50 7 5.5(2) Disposal of ashes in an unauthorised manner 50 8 5.6(1) Unauthorised construction of vault or mausoleum 50 9 5.7(1) Unauthorised reopening of a grave 50 10 5.8(1) Unauthorised exhumation of a coffin 50 11 5.9 Unauthorised opening of a coffin 50 12 7.3 Unauthorised use of trade name or mark on a memorial 50 13 8.1 Carrying out memorial work without grave number on memorial or surrounds 14 8.2 Unauthorised construction of a memorial 50 15 8.3 Unauthorised use of materials taken from within a cemetery 50 16 8.4 Failure to remove rubbish and surplus materials 50 17 8.5 Unauthorised planting of tree or shrub 50 18 8.6 Failure to comply with direction of authorised person 50 19 8.7 Unauthorised placing of grave ornaments 50 20 8.8 Works carried out during unauthorised times 50 21 8.9 Failure to leave uncompleted works in a tidy and safe condition 50 22 9.1(1) Driving vehicle other than on vehicular access way or constructed roadways or within designated areas 23 9.1(2) Exceeding speed limit 50 24 9.2(b) Permitting an animal in a cemetery without approval 50 25 9.3 Interference with utility services 50 26 9.4 Damaging or removing objects 50 27 9.5 Failure to dispose of withered flowers appropriately 50 28 9.6 Littering and/or vandalism 50 29 9.7 Unauthorised advertising and/or trading 50 30 9.8(2) Failure to obey sign or lawful direction within a cemetery 50 31 9.9(2) Failure to comply with order to leave a cemetery 50 32 9.10 Failure to comply with closure of all or part of a cemetery 50 33 9.12 Failure to comply with notice within specified period 50 34 9.14 Making a false or misleading statement 50 35 11.1 All other offences not otherwise specified 50

Schedule 2—Infringement Notice [cl. 11.2(3)] INFRINGEMENT NUMBER: To: Address: It is alleged that – At— On— Day Date Location (as indicated)— Nyabing Cemetery (Reserve 14218) Pingrup Cemetery (Reserve 18750) You committed the following offence— Contrary to— Shire of Kent Cemeteries Local Law 2023 Schedule 1 reference— Item No.— Clause— Offence— Brief description –

20 November 2023 GOVERNMENT GAZETTE, WA 3763 The modified penalty for the offence is – $ If you do not wish to have a complaint of the alleged offence heard and determined by a court, the amount of the modified penalty may be paid at the Shire of Kent within a period of 28 days after the giving of this notice. Name of authorised person— Position— Signature— Date— Payments may be made— (a) by EFT (contact Shire Office for details) (b) in person at the Shire Office during business hours (c) by mail to—Shire of Kent PO Box 15, Nyabing 6341 Please make cheques payable to Shire of Kent.

Schedule 3—Withdrawal of Infringement Notice [cl. 11.2(4)] To— Address— It is advised that – Infringement Notice No.— Dated— For the alleged offence of— has been withdrawn. The modified penalty of— $ Reason for withdrawal— (Delete whichever does not apply) No further action will be taken. It is proposed to institute court proceedings for the alleged offence Name of authorised person— Position— Signature— Date— of—

20 November 2023 GOVERNMENT GAZETTE, WA 3765 DOG ACT 1976 DOGS LOCAL LAW 2023 Under the powers conferred by the Dog Act 1976, the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Kent resolved on 20 September 2023 to make the This local law may be cited as the Shire of Kent Dogs Local Law 2023. The Shire of Kent Local Law—Dogs, published in the Government Gazette on 23 March 1998 is repealed. In this local law unless the context otherwise requires— Act means the Dog Act 1976; adjoining includes land or premises which have a portion of a common boundary with a lot or is separated from that lot by a public reserve, road, right-of-way, pedestrian access way, access leg of a battle-axe lot or the equivalent not more than 6m in width; authorised person means a person appointed by the local government under section 9.10 of the Local Government Act 1995 to perform all or any of the functions conferred on an authorised person under this local law and includes the CEO; dangerous dog has the meaning given to it by section 3(1) of the Act; district means the district of the Shire of Kent; dog management facility has the meaning given to it in section 3(1) of the Act, and includes a kennel establishment; infringement notice means the notice referred to in clause 7.4; kennel establishment means any premises where more than the number of dogs under clause 3.3 over the age of three months are kept, boarded, trained or bred temporarily, usually for profit and where the occupier of the premises is not the ordinary keeper of the dogs; licence means a licence to keep an approved kennel establishment on premises granted under clause 4.4; licensee means the holder of a licence granted under clause 4.4; local planning scheme means a planning scheme of the local government made under the Planning and Development Act 2005; nuisance means— (a) an activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law; (b) an unreasonable interference with the use and enjoyment of a person’s ownership or occupation of land; or (c) interference which causes material damage to land or other property on the land affected by the interference; owner in relation to a dog, has the same meaning as in section 3(1) and (2) of the Act; person liable for the control of the dog has the same meaning as in section 3(1) of the Act; premises in addition to the meaning given to it in section 3 of the Act, means the premises described in the application for a licence made under clause 4.1;

3766 GOVERNMENT GAZETTE, WA 20 November 2023 (b) not requiring compliance with local public notice under section 1.7 of the Local Government Act; and (c) the local government may place the notice given as a public notice on the local government’s website or other means of informing the public; public place has the meaning given to it by section 3(1) of the Act; Regulations means the Dog Regulations 2013; Schedule means a schedule to this local law; set fee means a fee or charge made by the local government under sections 6.16 to 6.19 of the Local Government Act 1995; thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995; (b) Pingrup; and transferee means a person who applies for the transfer of a licence to her or him under clause 4.12. PART 2—IMPOUNDING OF DOGS 2.1 Fees and charges The following set fees and charges are to be imposed and determined by the local government— (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 set 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) application for additional costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act. 2.2 Attendance of authorised person at dog management facility An 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 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 an authorised person or if absent, to the CEO. (2) An authorised person is not to release a dog seized and impounded to any person unless that person has produced, to the satisfaction of an authorised person, 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 on a microchip implanted in the dog. 2.4 Unauthorised release Unauthorised release of dogs is dealt with by section 43 of the Act. 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) Notwithstanding subclause (1) the confinement of dangerous dogs is dealt with in the Act and the Regulations. 3.2 Limitation on the number of dogs (1) This clause does not apply to premises which have been— (a) licensed under Part 4 of this local law as an approved kennel establishment; or (b) granted an exemption under section 26(3) of the Act.

20 November 2023 GOVERNMENT GAZETTE, WA 3767 (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— (a) two dogs over the age of three months and the young of those dogs under that age if the premises are within a townsite; or (b) four dogs over the age of three months and the young of those dogs under that age if the premises are outside a townsite. 3.3 Application to keep additional dog or dogs Subject to clause 3.5, the local government may consider— (1) an application to keep one additional dog on premises that are within a townsite which shall— (a) provide sufficient detail regarding the reason for keeping more than two dogs; (b) provide written consent from owners and occupiers of any premises adjoining the premises; and (c) in the case of a tenanted property, provide written consent from either the landowner or their appointed real estate agent. (2) an application to keep more than four dogs on premises outside a townsite which shall— (a) provide sufficient detail regarding the reason for keeping more than four dogs; and (b) in the case of a tenanted property, provide written consent from either the landowner or their appointed real estate agent. (3) applications 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 all dogs; (ii) noise, odours, fleas, flies and other vectors of disease will be effectively 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 but not limited to— (i) replacement of 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; or (v) on premises outside a townsite, the dog or dogs are required for stock management or to be on the premises temporarily for the purposes of training for stock management. 3.4 Determination of application In determining an application for approval to keep additional dogs, the local government is to have regard to— (a) the matters referred to in clause 3.5; (b) the effect which approval of the proposed may have on the environment or amenity of the neighbourhood; and (c) whether approval of the application will create a nuisance for the owners and occupiers of adjoining premises. 3.5 Where application cannot be approved The local government will not approve an application to keep an additional dog or dogs where— (a) more than three dogs are proposed to be kept on premises within a townsite; (b) more than six dogs are proposed to be kept on premises outside a townsite; or (c) where any dog already kept on the premises is a dangerous dog. 3.6 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 transferable to successive owners or occupiers of the premises. 3.7 Variation of approved conditions The local government may vary the conditions of approval by giving not less than 14 days notice. 3.8 Revocation of approval to keep additional dogs Where a person does not comply with the conditions of approval to keep an additional dog or dogs under clause 3.6 the local government may revoke the approval to keep an additional dog or dogs.

3768 GOVERNMENT GAZETTE, WA 20 November 2023 PART 4—APPROVED KENNEL ESTABLISHMENTS 4.1 Application for licence for approved kennel establishment An application for a licence containing the information specified in Schedule 1, 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 4.2(1); (c) written evidence that either the applicant or another person who will have the charge of the dogs, will reside on the premises or, in the opinion of an authorised person, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare; (d) a written acknowledgement that the applicant has read and agrees to comply with any code of practice relating to the keeping of dogs nominated by the local government; and (e) the set fee for the application for a licence. 4.2 Public notice of proposed use (1) An applicant for a licence must give notice of the proposed use of the premises as an approved kennel establishment after the application for a licence has been lodged— (a) in a public notice within the district; and (b) to the owners and occupiers of any premises adjoining the premises. (2) The public notices in subclause (1) must specify that— (a) any written submissions as to the proposed use are to be lodged with the local government within 14 days of the date the notice is given; and (b) the application, plans and specifications may be inspected at the offices of the local government. (3) The local government may refuse to determine the application for a licence until the public notice or public notices, as the case may be, is given in accordance with its directions where— (a) a public notice given under subclause (1) does not clearly identify the premises; or (b) a public notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in the opinion of an authorised person, would fail to serve the purpose of notifying persons of the proposed use of the premises. 4.3 Exemption from public notice requirements The requirements of clauses 4.1(b), 4.2 and 4.4(a) do not apply in respect of the application for a licence where under a local planning scheme an application for a licence is made in respect of premises on which an approved kennel establishment is either a— (a) permitted use; or (b) use which the local government may approve subject to compliance with specified notice requirements. 4.4 When application can be determined An application for a licence is not to be determined by the local government until— (a) the applicant has complied with clause 4.1; (b) the applicant submits proof that the notices referred to in clause 4.2(1) have been given in accordance with that clause; and (c) the local government has considered any written submissions received within the time specified in clause 4.2(2)(a) on the proposed use of the premises. 4.5 Determination of application In determining an application for a licence, the local government is to have regard to— (a) the matters referred to in clause 4.6; (b) any written submissions received within the time specified in clause 4.2(2)(a) on the proposed use of the premises; (c) any economic or social benefits which may be derived by any person in the district if the application for a licence is approved; (d) the effect which the kennel establishment may have on the environment or amenity of the neighbourhood; (e) whether the approved kennel establishment will create a nuisance for the owners and occupiers of adjoining premises; and (f) whether or not the imposition of and compliance with appropriate conditions of a licence will mitigate any adverse effects of the approved kennel establishment identified in the preceding paragraphs. 4.6 Where application cannot be approved The local government cannot approve an application for a licence where— (a) an approved kennel establishment cannot be permitted by the local government on the premises under a local planning scheme; or (b) an applicant for a licence or another person who will have the charge of the dogs will not reside on the premises, or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare.

20 November 2023 GOVERNMENT GAZETTE, WA 3769 4.7 Conditions of approval (1) The local government may approve an application for a licence subject to the conditions contained in Schedule 2 and to such other conditions as the local government considers appropriate. (2) In respect of a particular application for a licence, the local government may vary any of the conditions contained in Schedule 2. 4.8 Fees (1) On lodging an application for a licence, the applicant is to pay a set fee to the local government. (2) On the issue or renewal of a licence, the licensee is to pay a set fee to the local government. (3) On lodging an application for the transfer of a valid licence, the transferee is to pay a set fee to the local government. 4.9 Form of licence The licence is to be in the form determined by the local government from time to time and is to be issued to the licensee. 4.10 Period of licence (1) The period of effect of a licence is set out in section 27(5) of the Act. (2) A licence is to be renewed if the set fee is paid to the local government prior to the expiry of the licence. (3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have effect. 4.11 Variation or cancellation of licence (1) The local government may vary the conditions of a licence. (2) The local government may cancel a licence— (a) on the request of the licensee; (b) following a breach of the Act, the Regulations or this local law; or (c) if the licensee is not considered to be a fit and proper person in the opinion of an authorised person. (3) The date a licence is cancelled is to be, in the case of— (a) paragraph (a) of subclause (2), the date requested by the licensee; or (b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act. (4) If a licence is cancelled the set fee paid for that licence is not refundable for the term of the licence that has not yet expired. 4.12 Transfer (1) A written application for the transfer of a valid licence from the licensee to another person must be— (a) made by the transferee; (b) made with the written consent of the licensee; and (c) lodged with the local government together with— (i) written evidence that a person will reside at or within reasonably close proximity to the premises the subject of the licence; (ii) the set fee for the application for the transfer of a licence; and (iii) any other relevant information required. (2) The local government is not to determine an application for the transfer of a valid licence until the transferee has complied with subclause (1). (3) The local government may approve, whether or not subject to such conditions as it considers appropriate, or refuse to approve an application for the transfer of a valid licence. (4) Where the local government approves an application for the transfer of a valid licence, then on the date of approval, unless otherwise specified in the notice issued under clause 4.13(b), the transferee becomes the licensee of the licence for the purposes of this local law. 4.13 Notification The local government is to give written notice to— (a) an applicant for a licence of the local government’s decision on her or his application; (b) a transferee of the local government’s decision on her or his application for the transfer of a valid licence; (c) a licensee of any variation made under clause 4.11(1); (d) a licensee when her or his licence is due for renewal and the manner in which it may be renewed; (e) a licensee when her or his licence is renewed; (f) a licensee of the cancellation of a licence under clause 4.11(2)(a); and (g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 4.11(2), which notice is to be given in accordance with section 27(6) of the Act.

3770 GOVERNMENT GAZETTE, WA 20 November 2023 4.14 Inspection of kennel With the consent of the occupier, an authorised person may inspect an approved kennel establishment at any time. PART 5—DOGS IN PUBLIC PLACES 5.1 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 who is being used as an assistance animal as defined in the Disability Discrimination Act 1992 (Commonwealth). 5.2 Places which are dog exercise areas Designation of places which are dog exercise areas is dealt with in the Act. PART 6—MISCELLANEOUS 6.1 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. (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. 6.2 Fees and charges Fees and charges are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. 6.3 False or misleading statement 6.4 Objections and appeals Any person who is aggrieved by the conditions imposed in relation to a licence, the revocation of a licence, or by the refusal of the local government to grant a licence may object to or appeal against the decision under Division 1 of Part 9 of the Local Government Act 1995. PART 7—ENFORCEMENT 7.1 Offences 7.2 General penalty (1) 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. (2) Notwithstanding subclause (1) a person who commits an offence under clause 6.1(2) is liable, on conviction, to a penalty not exceeding $1,000. 7.3 Prescribed offences (1) The offences contained in Schedule 3 are offences in relation to which a modified penalty may be imposed. (2) The amount appearing in the fourth column of Schedule 3 directly opposite an offence is the modified penalty payable in respect of that offence if the dog is not a dangerous dog. 7.4 Form of infringement notices in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; Schedule 1 of the Local Government (Functions and General) Regulations 1996; and the Local Government (Functions and General) Regulations 1996.

20 November 2023 GOVERNMENT GAZETTE, WA 3771 Schedule 1—Application for a licence for an approved kennel establishment [cl. 4.1] An application for a licence for an approved kennel establishment shall contain the following information— (a) full name of applicant; (b) postal address; (c) email address; (d) landline and mobile telephone numbers as appropriate; (e) facsimile number if appropriate; (f) address of proposed kennel premises; (g) number of dogs; (h) breed of dogs if appropriate; (i) either— (i) name and contact details of the person residing on the premises, and date from which taking up residence on the premises; or (ii) name, address and contact details of the person sufficiently close to the premises so as to control the dogs and ensure their health and welfare, and date from which taking up responsibility for the premises; (j) a site plan of the premises showing the location of the kennels and yards and all other buildings and structures and fences; (k) plans and specifications of the proposed kennel establishment; (l) copy of public notice of proposed use to appear in newspaper; (m) copy of notice of proposed use to be given to adjoining premises; (n) written evidence that a person will reside— (i) at the premises; or (ii) sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare; (o) if the person in item (n) is not the applicant, written evidence that the person is a person in charge of the dogs; and (p) signed by the applicant. Schedule 2—Conditions of a licence for an approved kennel establishment [cl. 4.7] An application for a licence for an approved kennel establishment may be approved subject to the following conditions— (a) each kennel, unless it is fully enclosed, must have a yard attached to it; (b) each kennel and each yard must be at a distance of not less than— (i) 25m from the front boundary of the premises and 5m from any other boundary of the premises; (ii) 10m from any dwelling; and (iii) 25m from any church, school room, hall, factory, dairy or premises where food is manufactured, prepared, packed or stored for human consumption; (c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or netting or other materials approved by the local government; (d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the breed of dog (when it is fully grown), squared, times the number of dogs to be housed in the kennel and the length of the dog is to be determined by measuring from the base of the tail to the front of its shoulder; (e) the floor area of the yard attached to any kennel or group of kennels must be at least twice the floor area of the kennel or group of kennels to which it is attached; (f) the upper surface of the kennel floor must be— (i) at least 100mm above the surface of the surrounding ground; (ii) smooth so as to facilitate cleaning;

3772 GOVERNMENT GAZETTE, WA 20 November 2023 (iii) rigid; (iv) durable; (v) slip resistant; (vi) resistant to corrosion; (vii) non-toxic; (viii) impervious; (ix) free from cracks, crevices and other defects; and (x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in turn must lead to a suitably sized diameter sewerage pipe which must be properly laid, ventilated and trapped in accordance with the health requirements of the local government; (g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to approved apparatus for the treatment of sewage in accordance with the health requirements of the local government; (h) the kennel floor must have a durable upstand rising 75mm above the floor level from the junction of the floor and external and internal walls, or internal walls must be so constructed as to have a minimum clearance of 50mm from the underside of the bottom plate to the floor; (i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of any kennel; (j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of— (i) 2m; or (ii) four times the height of the breed of dog in the kennel, when it is fully grown, measured from the floor to the uppermost tip of its shoulders while in a stationary upright position; (k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted internally and externally with good quality new zincalume or new pre-finished colour coated steel sheeting or new fibrous cement sheeting or other durable material approved by the local government; (l) all external surfaces of each kennel must be kept in good condition; (m) the roof of each kennel must be constructed of impervious material; (n) all kennels and yards and drinking vessels must be maintained in a clean condition and must be cleaned and disinfected when so ordered by an authorised person; (o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for the treatment of sewage; (p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled; (q) suitable water must be available at the kennel via a properly supported standpipe and tap; and (r) the licensee or the person nominated in the application for a licence, must, in accordance with the application for the licence, continue to reside— (i) at the premises; or (ii) in the opinion of the local government, sufficiently close to the premises so as to control the dogs, and to ensure their health and welfare. Schedule 3—Prescribed offences [cl.7.3] $ 1 3.1 Failing to provide means for effectively confining a dog 200 2 6.1 Dog excreting in prohibited place 100 3 6.3 Making a false or misleading statement 300 4 7.1 All other offences not otherwise specified 200 of—

20 November 2023 GOVERNMENT GAZETTE, WA 3773 FENCING 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 Kent resolved on 20 September 2023 to make the following local law. This local law may be cited as the Shire of Kent Fencing Local Law 2023. 1.3 Repeal The Shire of Kent Local Laws Relating to Fencing as published in the Government Gazette on

2 September 1998, are repealed. 1.4 Application In this local law unless the context otherwise requires— adversely affect land has the meaning given to it in section 3 of the Building Act 2011; applicant means a person who makes an application for a licence under this local law; AS or AS/NZS means an Australian or Australian/New Zealand Standard published by Standards Australia, and available for viewing free of charge at the Shire of Kent Shire Office; authorised person means a person authorised by the local government to perform any of the functions under this local law and includes the CEO; barbed wire means a wire or strand of wires having small pieces of sharply pointed wire twisted around it at short intervals; cultural and natural resource lot means a lot where a cultural and natural resource use— dangerous in relation to any fence means— (a) an electrified fence that does not comply with clause 5.2 or 5.3 of this local law; (b) a fence containing barbed wire other than a fence constructed and maintained in accordance with this local law; (c) a fence containing exposed broken glass, asbestos fibre, razor wire, metal spikes or any other potentially harmful projection or material; or (d) a fence that is likely to collapse or fall, or part of which is likely to collapse or fall, from any cause; dividing fence has the meaning given in section 5 of the Dividing Fences Act 1961; electrified fence means a fence carrying or designed to carry an electric charge; fence means any structure used or functioning as a barrier, other than a retaining wall, irrespective of where it is located and includes a gate or door that separates the road reserve and a lot adjacent to the road reserve; front boundary means the boundary that separates a thoroughfare and the front of a lot; front fence means a fence in the front setback area of a lot; front setback area means the area between the building line of a lot and the front boundary of that lot; measured at a right angle to the front boundary; general industry lot means a lot where a general industrial use— height in relation to a fence means the vertical distance between the top of the fence at any point and— (a) the ground level; or

3774 GOVERNMENT GAZETTE, WA 20 November 2023 (b) where the ground levels on each side of the fence are not the same, the higher ground level, immediately below that point; light industry lot means a lot where a light industrial use— land includes a house, building, work or structure in or on the land; local planning scheme means a local planning scheme and includes any structure plan adopted or approved by the local government made under the Planning and Development Act 2005; lot means a defined portion of land depicted on a plan or diagram available from, or deposited with, the Western Australian Land Information Authority and for which a separate Crown grant or certificate of title has been or can be issued and includes a strata lot; masonry includes stone, concrete, brick or other solid material; mixed use lot means a lot where mixed use— natural ground level, in relation to a development, means— (a) the level approved, for the purposes of the development, by the local government, under a local planning scheme; or (b) in any other case, the level that existed immediately before the commencement of the development (including any site works); notice of breach means a notice referred to in clause 8.1; occupier has the meaning given to it in section 1.4 of the Local Government Act 1995; owner has the meaning given to it in section 1.4 of the Local Government Act 1995; razor wire means a coiled strong wire with pieces of sharp cutting edges set across it at close intervals; repair has the meaning given to it in section 5 of the Dividing Fences Act 1961; residential lot means a lot where a residential use— (a) or may be permitted under a local planning scheme; (b) or will be the predominant use or the lot; and (c) includes a mixed use lot having a predominantly residential land use in the opinion of an authorised person; retaining wall means any structure that prevents the movement of soil in order to allow ground levels of different elevations to exist adjacent to one another; rural lot means a lot where a rural use— rural residential lot means a lot where a rural residential use— rural smallholding use means a lot where a rural smallholding use— Schedule means a Schedule to this local law; secondary frontage in the case of a lot that has a frontage and access to more than one thoroughfare, means the longer or the longest of the boundaries that separates the lot from the thoroughfare; set fee means a fee determined by the local government in accordance with sections 6.16 to 6.19 of the Local Government Act 1995; special use lot means a lot where a special use— sufficient fence means a fence described in clause 2.2 or 2.3; thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995, but does not include a private thoroughfare that is not under the management or control of the local government;

20 November 2023 GOVERNMENT GAZETTE, WA 3775 visually permeable in reference to a wall, gate, door, screen or fence that the vertical surface when viewed directly from the street or other public space has— (a) continuous vertical or horizontal gaps of 50mm or greater width occupying not less than one third of the total surface area; (b) continuous vertical or horizontal gaps less than 50mm in width, occupying at least one half of the total surface area in aggregate; or (c) a surface offering equal or lesser obstruction to view; and watercourse means a river, stream or creek in which water flows in a natural channel, whether permanently or intermittently. 1.6 Requirements of planning legislation and local planning scheme Nothing within this local law affects any provision of— (a) the Planning and Development Act 2005, or any regulations or orders made under that Act; or (b) a local planning scheme. 1.7 Requirements of Building Act 2011 Nothing in this local law affects a provision in any written law in respect of a building permit for a fence. 1.8 Transitional provision A dividing fence or fence lawfully constructed prior to this local law coming into operation constitutes a sufficient fence. PART 2—SUFFICIENT FENCES 2.1 Sufficient fences—requirement Subject to clause 2.4, a person shall not construct or alter a dividing fence that does not satisfy the requirements of a sufficient fence. 2.2 Sufficient fences—generally (1) Subject to clauses 2.3 and 2.4, a sufficient fence— (a) on a residential lot a dividing fence constructed and maintained in accordance with Schedule 1; (b) on a general industry lot or light industry lot is a dividing fence constructed and maintained in accordance with Schedule 2; and (c) on a rural lot, rural residential lot or rural smallholding lot is a dividing fence constructed and maintained in accordance with Schedule 3. (2) Where, on a mixed use lot the use or intended use, as determined by an authorised person, is predominantly— (a) residential use, fencing shall comply with the requirements of a residential lot; and (b) non-residential use, fencing shall comply with the requirements of a general industry or light industry lot. (3) On a cultural and natural resource use lot or a special use lot, the requirements shall be determined by an authorised person— (a) within a townsite, fencing shall comply where the use is aligned and consistent with— (i) residential use, the requirements of a residential lot; and (ii) other than-residential use, the requirements of a general industry or light industry lot; and (b) outside a townsite, fencing shall comply where the use is aligned and consistent with— (i) rural, rural residential or rural smallholding use, the requirements of a rural lot, rural residential lot or rural smallholding lot; and (ii) other than as rural, rural residential or rural smallholding use, the requirements as general industry, light industry lot, rural lot, rural residential lot or rural smallholding lot. 2.3 Sufficient fences—between lots having different requirements Subject to clause 2.4, where a fence is constructed on or near the boundary between— (a) a residential lot and a lot zoned for any other purpose, a sufficient fence is a fence constructed and maintained in accordance with Schedule 1; (b) a general industry or light industry, and a rural or rural residential lot, a sufficient fence is a fence constructed and maintained in accordance with Schedule 2; and (c) a rural lot and a rural residential lot, a sufficient fence is a fence constructed and maintained in accordance to the requirements of Schedule 3. 2.4 General discretion of the local government (1) Notwithstanding the provisions of clauses 2.1, 2.2 or 2.3, and subject to Part 6, an authorised person may issue a licence for the construction or repair of a dividing fence that is not a sufficient fence where all of the owners of the lots adjoining the fence give written consent for a licence for that purpose.

3776 GOVERNMENT GAZETTE, WA 20 November 2023 (2) An agreement in respect of a dangerous fence is taken not to be an agreement between owners of adjoining properties for the purposes of subclause (1). PART 3—FENCING GENERALLY 3.1 Fences within front setback areas A person shall not construct a fence more than 1200mm in height, within the front setback area of a residential lot without a licence. 3.2 Fences on secondary frontages Subject to clauses 3.1 and 3.3 a person shall not construct or maintain a fence on any secondary frontage of a residential lot unless the fence is a sufficient fence. 3.3 Sightlines at vehicle access point (1) Fences are to be truncated or reduced to a height not more than 750mm, within 1500mm where walls, fences and other structures adjoin vehicle access points where a driveway meets a thoroughfare and where two thoroughfares intersect. (2) The provision of subclause (1) shall not apply to a visually permeable fence that does not obscure the lines of vision of a motorist using the driveway for access to a thoroughfare. 3.4 Obstruction of watercourse No person shall construct a fence of impervious material in any place, position or location where it will, or is likely to, act as a barrier to or restrict the flow of a watercourse. 3.5 Gates or doors in fences A person shall not construct a gate or door in a fence that— (a) encroaches into or over any other land; or (b) opens by sliding parallel to the fence on the outside of the fence. 3.6 Retaining walls A person shall not construct a retaining wall exceeding 500mm in height unless a building permit has been granted under section 20 of the Building Act 2011. 3.7 Masonry fences and walls A person shall not construct or a wall or fence exceeding 750mm in height constructed or partially constructed of masonry unless a building permit has been granted under section 20 of the Building Act 2011. 3.8 Alteration of ground levels (1) A person shall not alter the natural ground level of land on or within 1000mm of the boundary of a lot, whether by removing soil or bringing onto the land any fill of any kind, by more than 500mm without a licence. (2) A fence constructed of corrugated fibre-reinforced pressed cement shall not have more than 150mm difference in the ground levels on each side of the fence. (3) Where land has been filled or retained to a height of more than 500mm above natural ground level at or within 1000mm of a boundary of a lot, a person shall only construct a dividing fence that is a sufficient fence on the said filled land or retaining wall if the person produces to an authorised person the written consent of the owners of the adjoining lot. 3.9 Maintenance of fences (1) An owner or occupier of a lot on which a fence is constructed shall maintain the fence in good condition so as to prevent it from becoming damaged, dangerous, dilapidated or unsightly. (2) Where in the opinion of an authorised person, a fence is in a state of disrepair or is dangerous or is otherwise in breach of a provision of this local law, an authorised person may give a notice of breach under clause 8.1 to the owner or occupier of the lot on which the fence is constructed. 3.10 Fences across rights-of-way, public access ways or thoroughfares A person shall not construct, place or maintain a fence or obstruction across any right-of-way, public access way or thoroughfare without the approval of the local government in accordance with regulation 9 of the Local Government (Uniform Local Provisions) Regulations 1996. PART 4—FENCING MATERIALS 4.1 Prohibited materials A person shall not construct, maintain or allow to remain a fence that is comprised, in whole or in part of spikes, broken glass, jagged materials, barbed wire, razor wire, asbestos or any other dangerous material except to the extent provided for in Part 5. 4.2 Pre-used fencing materials (1) A person shall not construct or maintain a dividing fence from pre-used materials without a licence issued by an authorised person. (2) Where a licence is issued for the use of pre-used materials, the materials shall be structurally fit for the purpose, and comply with any conditions imposed by an authorised person.

20 November 2023 GOVERNMENT GAZETTE, WA 3777 (3) Conditions for use of pre-used fencing materials may include but are not limited to— (a) painting; (b) treatment; (c) specific use or placement; and (d) upgrading. PART 5—RESTRICTED FENCING 5.1 Barbed wire fencing (1) An owner or occupier of a residential lot shall not affix or allow to remain any barbed wire on any fence bounding that lot. (2) An owner or occupier of a rural or rural residential lot shall not place or affix barbed wire upon a fence on that lot where the fence is adjacent to a thoroughfare or other public place unless the barbed wire is fixed to the side of the fence posts furthest from the thoroughfare or other public place. (3) An owner or occupier of a general industry or light industry lot shall not construct or affix to any fence bounding that lot any barbed wire unless— (a) the wire or material are attached on posts vertically or at an angle of 45 degrees; and (b) the bottom row of wire or other materials is not less than 2000m above the ground level. (4) If the posts that carry the barbed wire or other materials referred to in subclause (3) are angled towards the outside of the lot bounded by the fence, the face of the fence shall be set back from the lot boundary a sufficient distance to ensure that the angled posts, barbed wire or other materials do not encroach onto or over adjoining land. 5.2 Electrified fencing for animal control (1) An owner or occupier of a lot shall not construct or use an electrified fence on that lot without first obtaining a licence. (2) Notwithstanding subclause (1), a licence is not required for an electrified fence that is— (a) constructed on a rural or rural residential lot; (b) for the purpose of animal control; (c) installed in accordance with the manufacturer’s specifications; and (d) not the dividing fence with a residential lot. (3) Notwithstanding subclause (2)(a) to (c), the local government may by written notice require an electrified fence to be removed where it is a dividing fence with an adjoining property having different requirements. 5.3 Electrified fencing for security (1) An electrified fence for the purpose of security shall not be present on a lot unless it complies with AS/NZS 3016:2002 Electrical Installations—Electric Security Fences. (2) A licence to have and use an electrified fence for the purpose of security shall not be issued— (a) on a residential lot or that portion of a fence adjoining a residential lot; (b) on any other lot in a townsite without the approval of Council; (c) on a lot outside a townsite without the approval of the local government; and (d) unless provision is made so as to enable the fence to be rendered inoperable during the hours of business operations, if any, on the lot where it is constructed. 5.4 Razor wire fencing (1) An owner or occupier of a lot shall not construct a fence wholly or partly of razor wire on that lot without first obtaining a licence under subclause (2). (2) A licence to have a fence constructed wholly or partly of razor wire shall not be issued— (a) in respect of a lot that is a residential lot or that portion of a fence adjoining a residential lot; (b) if the fence is within 3000mm of the boundary of the lot; or (c) where any razor wire used in the construction of the fence is less than 2000mm or more than 2400mm above the ground level. PART 6—LICENCES 6.1 Application for a licence (1) An owner of a lot may apply to the local government for a licence under this Part. (a) provide all necessary documentation and information required for a decision; (b) provide two copies of a plan and specifications of the proposed; (c) engineering certification of structural or electrical engineering specifications, if required; (d) be signed by the owner of the lot; (e) be forwarded to the local government together with any set fee; and (f) be in the form determined by the local government from time to time.

3778 GOVERNMENT GAZETTE, WA 20 November 2023 6.2 Determination of an application (1) An authorised person may refuse to consider an application that does not comply with clause 6.1. (2) An authorised person may– (a) approve an application; (b) approve an application subject to conditions as the authorised person sees fit; or (c) refuse an application. (3) In determining whether to issue a licence, an authorised person may consider, in addition to any other matter authorised to consider, whether the construction or retention of the fence would adversely affect land or impact on— (4) An authorised person may by written notice amend a condition imposed under subclause (2)(b). (5) An amendment under subclause (4) is effective from the date specified in the notice. (6) If an authorised person approves an application, a written licence and any conditions applied is to (7) If an authorised person refuses to approve an application, written notice of that refusal and the reasons for the decision is to be given to the applicant. 6.3 Compliance with licence issued Where a licence is issued under clause 6.2, the applicant and the owner or occupier of the lot to which the licence relates, shall comply with the terms and any conditions of that licence. 6.4 Revocation of a licence An authorised person may revoke a licence if— (a) the owner or occupier requests an authorised person to do so; (b) the fence to which the licence relates has been demolished and is not rebuilt for a period of 6 months; (c) the circumstances have changed in such a way that a licence for the fence could no longer be granted under this local law; (d) the owner or occupier fails to comply with a condition of the licence or breaches a provision of this local law in respect of the fence; or (e) the owner or occupier fails to comply with a notice of breach issued under clause 8.1. 6.5 Duration of a licence (1) Unless otherwise stated in the licence, a licence granted under this local law transfers with the lot to which it relates and is deemed to transfer to each successive owner or occupier of that lot. (2) Where a licence is transferred under subclause (1), the successive owner or occupier may apply to an authorised person for written confirmation of this transfer. (3) For the avoidance of doubt, a licence granted under this local law may be relied upon by any subsequent owner or occupier of the lot, and may be enforced against them by the local government. 6.6 False or misleading statement A person shall not make a false or misleading statement in connection with any application, requirement or request under this local law. PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review Division 1 of Part 9 of the Local Government Act 1995 applies to a decision under this local law to— (a) refuse an application for a licence; (b) impose or vary a condition of a licence; or (c) revoke a licence. PART 8—ENFORCEMENT 8.1 Notices of breach (1) Where a breach of any provision of this local law has occurred in relation to a fence on a lot, an authorised person may give a notice of breach in writing to the owner or occupier of that lot. (2) A notice of breach shall— (a) specify the provision of this local law that has been breached; (b) specify the particulars of the breach; and

20 November 2023 GOVERNMENT GAZETTE, WA 3779 (c) state that the owner or occupier is required to remedy the breach within the time specified in the notice. (3) An owner or occupier given a notice of breach shall comply with the terms of the notice and remedy the breach within the time specified in the notice. (4) Should an owner or occupier fail to comply with a notice, an authorised person may enter upon the lot to which the notice relates and remedy the breach, and may recover the expenses of doing so from the owner or occupier of the lot, as the case may be, in a court of competent jurisdiction. (5) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of Schedule 3.1 of the Local Government Act 1995. (6) This local law is subject to sections 3.25 and 3.27 and Schedules 3.1 and 3.2 of the Local Government 8.2 Offences and penalties (1) A person who fails to do anything required or directed to be done under this local law, or who does anything that under this local law that person is prohibited from doing, commits an offence. (2) Any person who commits an offence under this local law is liable, upon conviction to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued. 8.3 Prescribed offenses (1) An offence against a clause specified in Schedule 4 is a prescribed offence for the purposes of section 9.16(1) of the Local Government Act 1995. (2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in Schedule 4. 8.4 Form of notices For the purposes of this local law— (a) the form of the infringement notice referred to in section 9.17 of the Local Government Act 1995 is to be in the form of Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; and (b) the form of the withdrawal of infringement notice referred to in section 9.20 of the Local Government Act 1995 is to be in the form of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. Schedule 1—Sufficient fence for residential lots [Clause 2.2(1)(a)]

1. On a residential lot a sufficient fence is a dividing fence that— (a) is constructed of— (i) corrugated fibre-reinforced pressed cement sheeting; (ii) timber pickets or post and rail; (iii) brick, stone or concrete; (iv) factory coloured sheet metal post and panelled fence; or (v) any combination of the materials described in paragraphs (i) to (iv); (b) in the case of a front fence— (i) is not more than 1200mm in height; or (ii) is between 1200mm and 1800mm in height; and is visually permeable fence above 1200mm; (c) in the case of a side boundary fence forward of the building setback line, a fence that— (i) uniformly slopes down from not more than 1800mm to not more than 1200mm in height; and (ii) over a maximum distance of 1500mm from the start of the front setback area from the building to the front of the lot; and (d) in the case of any other dividing fence, the fence is between 1750mm and 1850mm in height, and to which an extension of lattice or other permeable material as agreed between the owner or occupiers of adjoining properties parties may be added so that the total height of the fence is a maximum of 2100mm.
2. The fence shall not adversely affect land or impact on—

3780 GOVERNMENT GAZETTE, WA 20 November 2023 Schedule 3—Sufficient fence for general industry and light industry lots [Clause 2.2(1)(b)]

1. On a commercial or industrial lot, a sufficient fence is a dividing fence that— (a) is constructed in accordance with Schedule 1; or (b) is constructed of— (i) galvanised or PVC coated link mesh, that is no higher than 2000mm unless it is topped with up to 3 strands of plain or barbed wire; (ii) fibre reinforced cement sheets; (iii) painted or galvanized steel or aluminium sheeting; (iv) factory coloured sheet metal post and panelled fence; (v) timber, brick, stone or concrete; or (vi) any combination of the materials described in paragraphs (i)-(v); (c) in the case of a front fence— (i) is not more than 1200mm in height; or (ii) is more than 1200mm but not higher than 2000mm unless topped with up to 3 strands of plain or barbed wire to not more than 2400mm in height; and is visually permeable above 1200mm; (d) in the case of a side boundary fence forward of the building setback line, a fence that— (i) uniformly slopes down from no more than 2000mm to no more than 1200mm in height; and (ii) over a maximum distance of 1500mm from the start of the front setback area from the building to the front of the lot; and (e) in the case of any other dividing fence, the fence is no more than 2400mm in height, including not more than three strands of plain or barbed wire.
2. Upon application, an authorised person may issue a licence varying clause 1(c), and may impose conditions.
3. The fence shall not adversely affect land or impact on— Schedule 3—Sufficient fence for rural or rural residential lots [Clause 2.2(1)(c)]
4. On a rural or rural residential lot, a sufficient fence is a dividing fence that is at least 1200mm in height so as to prevent stock passing through and— (a) in the case of a non-electrified fence, is of— (i) post and wire construction with at least five wires, with the lower wires spaced closer together than the higher wires and each wire connected to posts in all cases; or (ii) post and rail construction, with at least three rails connected to posts in all cases; and (b) in the case of an electrified fence, constructed in accordance with clause 5.2(2) or clause 5.3 as the case may be.
5. The fence shall not adversely affect land or impact on—