Sch 3Withdrawal of Infringement Notice

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[cl. 11.2(4)] To— Address— It is advised that – Infringement Notice No.— Dated— For the alleged offence of— has been withdrawn.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 The Shire of Kent Local Law—Dogs, published in the Government Gazette on 23 March 1998 is repealed.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;