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[cl. 11.2(4)] To— Address— It is advised that – Infringement Notice No.— Dated— For the alleged offence of— has been withdrawn.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— $

10 November 2022 GOVERNMENT GAZETTE, WA 5305 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— ————

10 November 2022 GOVERNMENT GAZETTE, WA 5307 DOG ACT 1976 DOGS LOCAL LAW 2022 Dog Act 1976, the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Kondinin resolved on 21 September 2022 to make the following local law. PART 1—PRELIMINARY 1.1 Citation Shire of Kondinin Dogs Local Law 2022. 1.2 Commencement This local law comes into operation 14 days after the date of its publication in the 1.3 Application 1.4 Repeal The Municipality of the Shire of Kondinin Dog By-laws, published in the Government Gazette on 10 January 1995 are repealed. 1.5 Definitions In this local law unless the context otherwise requires— Dog Act 1976; adjoining includes land or premises which have a portion of a common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 to perform all or any of the functions conferred on an authorised person under this local law; dangerous dog has the meaning given to it by section 3(1) of the Act; district means the district of the Shire of Kondinin; 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 government means the Shire of Kondinin ; local planning scheme means a planning scheme of the local government made under the Planning and Development Act 2005; notice of withdrawal means the notice referred to in clause 7.7(1); 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; 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;