3770GOVERNMENT GAZETTE, WA 20 November 2023

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;