1Shire of Manjimup Cat Local Law 2021

1405 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, FRIDAY, 16 APRIL 2021 No. 69 SPECIAL PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT LOCAL GOVERNMENT ACT 1995 CAT ACT 2011

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SHIRE OF MANJIMUP ——————————— CAT LOCAL LAW 2021

16 April 2021 GOVERNMENT GAZETTE, WA 1407 LOCAL GOVERNMENT ACT 1995 CAT ACT 2011 SHIRE OF MANJIMUP CAT LOCAL LAW 2021 CONTENTS PART 1—PRELIMINARY 1.1 Citation 1.2 Commencement 1.3 Application 1.4 Repeal 1.5 Interpretations PART 2—CONTROL OF CATS 2.1 Cats in public places 2.2 Cats in other places 2.3 Cat in Prohibited Areas 2.4 Direction to abate the nuisance of a cat PART 3—CAT PROHIBITED AREAS 3.1 Designation of Cat Prohibited Areas PART 4—PERMITS FOR KEEPING CATS 4.1 Interpretation 4.2 Cats for which permit is required 4.3 Transitional provisions 4.4 Application for permit 4.5 Refusal to determine application 4.6 Factors relevant to determination of application 4.7 Decision on application 4.8 Conditions 4.9 Duration of permit 4.10 Revocation 4.11 Permit not transferable PART 5—IMPOUNDING OF CATS 5.1 Cat management facility 5.2 Impounding register 5.3 Charges and costs 5.4 Release of impounded cats PART 6—MISCELLANEOUS 6.1 Giving of a notice 6.2 Content of a notice PART 7—OBJECTIONS AND REVIEW 7.1 Objections and review

1408 GOVERNMENT GAZETTE, WA 16 April 2021 PART 8—OFFENCES AND PENALTIES 8.1 Offences 8.2 Prescribed offences 8.3 Forms SCHEDULE 1—ADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR PERMITS SCHEDULE 2—MODIFIED PENALTIES SCHEDULE 3—AREAS WHERE CATS ARE PROHIBITED ABSOLUTELY

16 April 2021 GOVERNMENT GAZETTE, WA 1409 LOCAL GOVERNMENT ACT 1995 CAT ACT 2011 SHIRE OF MANJIMUP CAT LOCAL LAW 2021 PART 1—PRELIMINARY 1.1 Citation This local law may be cited as the Shire of Manjimup Cat Local Law 2021. 1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 1.3 Application This local law applies throughout the district. 1.4 Repeal The Shire of Manjimup Cat Local Law 2020 as published in the Government Gazette on 17 September 2020 is hereby repealed. 1.5 Interpretations In this local law unless the context otherwise requires— Act means the Cat Act 2011; animal welfare organisation means a non-government, not-for-profit organisation with the welfare of animals as their reason for existence; applicant means the occupier of the premises who makes an application for a permit under this local law; approved cat breeder has the meaning given to it in the Act; 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; cat means an animal of the species felis catus or a hybrid of that species; cat management facility has the meaning given to it in the Act; cattery means any premises where 3 or more cats are boarded, housed or trained temporarily, usually for profit, and where the occupier of the premises is not the ordinary owner of the cats; CEO means the Chief Executive Officer of the local government; Council means the Council of the local government; district means the district of the local government; effective control in relation to a cat means any of the following methods— (a) held by a person who is capable of controlling the cat; (b) secured in a cage; or (c) any other means of preventing escape; group dwelling (commonly referred to as a duplexes, villas or townhouses) means a dwelling that is 1 of a group of 2 or more dwellings on the same lot such that no dwelling is placed wholly or partly vertically above the other, except where special conditions of landscape or topography dictate otherwise, and includes a dwelling on a survey strata with common property; local government means the Shire of Manjimup; multiple dwelling (often called flats, apartments or units) meaning a dwelling in a group of more than 1 dwelling on a lot where any part of a dwelling is vertically above part of any other but— (a) does not include a group dwelling; and (b) includes any dwellings above the ground floor in a mixed use development;