3738GOVERNMENT GAZETTE, WA 20 November 2023

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;