5780GOVERNMENT GAZETTE, WA 20 December 2016

5780 GOVERNMENT GAZETTE, WA 20 December 2016 2.18 Property to be fenced (1) The owner or occupier of property on which livestock is kept, shall cause the property or a portion of the property to be fenced in a manner capable of confining the livestock, to that portion where the livestock is kept. (2) The minimum fencing requirements to confine livestock in a rural or special rural area shall be a fence of post and wire construction. Keeping of beesDivision 5— 2.19 Permit required to keep bees (1) Subject to the provisions of this clause, a person shall not keep bees or allow bees to be kept on land except in accordance with a valid permit issued in relation to the land. (2) Subclause (1) does not apply where— (a) the land is outside the townsite; and (b) the bees are kept— (i) at least 500 metres from a thoroughfare; or (ii) less than 500 metres from a thoroughfare but the vegetation or a screen or other barrier on the land is such as to encourage the bees to fly at a height over the thoroughfare as will not create a nuisance to users of the thoroughfare. (3) Subclause (1) does not apply where an occupier of land keeps bees on the land— (a) for a continuous period not exceeding 8 weeks; and (b) for the purpose of pollinating a crop on the land. (4) An occupier referred to in subclause (3), in keeping bees under that subclause, shall provide a good and sufficient water supply on the land which is readily accessible by the bees. (5) Subclause (1) does not apply where a person keeps bees on Crown land. 2.20 Application for a permit An applicant for a permit shall— (a) be a person registered as a beekeeper under regulation 13(7) of the Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013; (b) provide such details as may be required by the local government; (c) apply in the form approved by the local government from time to time; and (d) pay any application fee imposed and determined by the local government under sections 6.16 to 6.19 of the Act. 2.21 Determination of application (1) The local government may— (a) refuse to determine an application for a permit which does not comply with clause 2.20; (b) approve an application for a permit subject to the conditions referred to in clause 2.22(1) and to such other conditions as it considers appropriate; or (c) refuse to approve an application for a permit. (2) Where an application for a permit is approved subject to conditions, the permit holder is to comply with those conditions or is to cause those conditions to be complied with. (3) Where the local government approves an application under subclause (1)(b), it is to issue to the applicant a permit in the form approved by the local government from time to time. (4) A permit is valid from the date of issue unless, and until, it is cancelled under this local law. 2.22 Conditions of approval (1) Without limiting the generality of clause 2.21(1)(b) an application for a permit may be approved by the local government subject to the following conditions— (a) the provision of a good and sufficient water supply on the land which is readily accessible by the bees on the land; (b) each bee hive shall be— (i) kept at a distance specified by the local government from any thoroughfare, public place or boundary of the land; or (ii) located near a screen or other barrier so as to prevent the bees flying low over a thoroughfare, public place or adjoining land; (iii) no more than 2 bee hives are to be kept on land of less than 2 000 square metres in area; and (iv) no more than 15 bee hives are to be kept on land between 2 000 square metres and 20 000 square metres in area. (2) In respect of a particular application for a permit, the local government may vary any of the conditions referred to in subclause (1).