1544GOVERNMENT GAZETTE, WA 27 June 2024

1544 GOVERNMENT GAZETTE, WA 27 June 2024 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 without limiting the generality of the foregoing and for the avoidance of doubt includes a builder or contractor; and public vehicle includes bus, tram, taxi or any other public transport. 5.2 Escape of smoke etc. An owner or occupier of premises shall take reasonable measures to prevent the escape of smoke, dust, fumes, offensive or foul odours, liquid waste or liquid refuse from the premises in such quantity or of such a nature as to cause or to be a nuisance. A person shall not on any land of an area 0.4 hectares or less, set fire to rubbish, refuse or other materials on rural residential zoned property unless— written approval has first been obtained from the local government; the person demonstrates to the satisfaction of the local government that reasonable alternatives for the disposal of the rubbish, refuse or other material do not exist and the potential for pollution is low; the material does not include any plastic, rubber, food scraps, green garden materials or other material likely to cause the generation of smoke or odour in such quantity as to cause a nuisance to other persons; a haze alert has not been issued by the Bureau of Meteorology for the period during which burning is to take place; and the burning complies with the Bush Fires Act 1954, any annual fire hazard reduction notice issued by the local government under that Act and any conditions of approval as determined by the local government. Subclause (2) shall not apply to any barbeque, solid fuel water heater, space heater or ovens fired with dry paper, dry wood, synthetic char or charcoal type fuel. Subclause (2) is subject to any fire danger rating as determined by the Bureau of Meteorology. 5.3 Public vehicles to be kept clean The owner or person in control of a public vehicle shall take reasonable measures to maintain the vehicle at all times— in a clean condition; free from vectors of disease; and whenever directed to do so by an Authorised Officer, thoroughly clean and disinfect the vehicle. 5.4 Prohibition against spitting A person shall not spit on a footpath, street or within or on, any public place, building or facility accessible to the public which is within the local government’s jurisdiction. 5.5 Dust management If an owner or occupier of land intends to undertake any work involving the clearing of land, from which any sand or dust is likely to be released whether by means of wind, water or any other cause, the owner or occupier shall— submit to an authorised officer a Dust Management Plan in accordance with “A guideline for managing the impacts of dust and associated contaminants from land development sites, remediation and other related activities (2011)” as produced by the Department of Water and Environmental Regulation, and amended from time to time; and obtain written approval of the Dust Management Plan from an authorised officer before commencement of any work. An owner and or occupier of land must take effective measures to— stabilise dust on the land; contain all liquid waste on the land; ensure no dust or liquid waste is released or escapes from the land whether by means of wind, water or any other cause; and notify the owners or occupiers of adjoining land in writing 48 hours prior to the commencement of any activity that has the potential to cause the release or escape from the land of dust or liquid waste giving details of; (i) the nature of the activity; (ii) the proposed commencement time, frequency, duration time and location of the activity; and (iii) the name of the person responsible for carrying out the activity and how and where that person may be contacted. The local government may serve on the owner and or occupier a notice requiring the owner or occupier to undertake one or more of the following— comply with subclause (2)(a) or (2)(b); clean up and properly dispose of any released or escaped dust or liquid waste;