5776GOVERNMENT GAZETTE, WA 20 December 2016

5776 GOVERNMENT GAZETTE, WA 20 December 2016 disused means, in relation to any thing whatsoever, that the thing— (a) is not in use for the purpose for which it was designed or appears to have been designed or intended; or (b) has been stored or left stationary on land in the district for more than 1 month; dust means any visible granular or particulate material which has or has the potential to become airborne and includes organic and non-organic matter and sand, but does not include smoke; dwelling has the meaning given to it in the Residential Design Codes of Western Australia as amended from time to time; EHO means an Environmental Health Officer appointed by the local government under the Health Act 1911 and includes any acting or Assistant Environmental Health Officer so appointed; farm animal includes a sheep, cow, goat, horse (excluding a miniature horse), deer, alpaca or pig (excluding a miniature pig); 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; 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; 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 government means the Shire of Lake Grace; 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; 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; permit means a permit issued under this local law; permit holder means a person who holds a valid permit; 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 Parks and Wildlife; pound means any facility, or any replacement facility, established as a pound by the local government under section 11(1) of the Dog Act 1976; 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; 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 from time to time; residential zone includes any area zoned “Residential” and “Urban Development” under a local planning scheme; rural zone means any area zoned “Rural” or “Rural Residential” under a local planning scheme; sand means granules or particles of rock, earth, clay, loam, silt and any other granular, particulate or like material including dust and gravel; stormwater means any naturally occurring water that results from rainfall on or around a site, or water flowing onto the site;