3734GOVERNMENT GAZETTE, WA 20 November 2023

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;