1548GOVERNMENT GAZETTE, WA 27 June 2024

1548 GOVERNMENT GAZETTE, WA 27 June 2024 5.16 Limitation on numbers of pigeons, poultry and miscellaneous birds An owner or occupier of premises in a townsite shall not keep a combined total of more than 12 poultry and 12 pigeons on any one lot of land, unless approved by an Authorised Officer. An Authorised Officer may issue a written notice to the owner or occupier of land, whether in a townsite or not, where poultry or pigeons are kept for the number of poultry and pigeons to be reduced to ensure that a health nuisance does not exist. An Authorised Officer may increase the number of poultry or pigeons kept on any one lot of land if satisfied that a health nuisance does not exist. An owner or occupier shall not keep more than 20 miscellaneous birds on any premises within the district unless otherwise approved. An owner or occupier shall not keep pigeons, poultry or miscellaneous birds so as to create a nuisance. An Authorised Officer may apply relevant conditions, or require a reduction of the approved number of poultry, pigeons, or miscellaneous birds on any premises within the district, or alternatively prohibit the keeping of poultry, pigeons, or miscellaneous birds on a particular premises, if the conditions of this Division are not complied with or if unreasonable noise or a nuisance is being caused. An owner or occupier shall comply with a direction of an authorised officer under this clause. Subclause (4) does not apply to premises used for veterinary purposes or as a pet shop. 5.17 Conditions of keeping poultry A person who keeps poultry or permits poultry to be kept shall ensure that— all poultry is kept in a properly constructed and securely fastened structure or enclosure; the structure or enclosure is in a yard having an otherwise unobstructed area of at least 30 square metres; and no poultry is able to approach within 15 metres of a street other than a right of way unless, in the case of land at the junction of two or more streets, an Authorised Officer has approved a lesser distance. A person who keeps poultry or permits poultry to be kept shall ensure no poultry is able to encroach within 9 metres of a dwelling house, public building, or premises where people are employed or premises where food is stored, prepared manufactured or sold. 5.18 Roosters, Geese, Turkeys, Peafowl and Gamebirds An owner or occupier of premises shall not within a townsite or on properties with an area of 2 hectares or less, keep or permit to be kept on those premises, any one or more of the following birds without the written approval of the local government— a rooster; a goose or gander; a turkey; a peacock or peahen; and a gamebird (includes emus and ostriches). An Authorised Officer may, upon written application, grant approval with or without conditions to the owner or occupier of premises to keep on the premises a specified number of birds under this An Authorised Officer may rescind approval for the keeping of birds under this clause if they cause a nuisance. 5.19 Conditions of keeping pigeons A person who keeps, or permits to be kept, pigeons shall ensure that— none is able to approach within 9 metres of a dwelling, public building or premises where people are employed or where food is stored, prepared, manufactured or sold; and except where homing pigeons are freed for exercise, the pigeons are kept in a properly constructed pigeon loft that is in a yard having an otherwise unobstructed area of at least 30 square metres. 5.20 Removal of nonconforming structures or enclosures If a structure or enclosure is used for the keeping of poultry or pigeons contrary to the provisions of clauses 5.17 or 5.19, as applicable, an Authorised Officer may direct the owner or occupier to amend it or remove it. 5.21 Restrictions on pigeon nesting or perching An Authorised Officer may order an owner or occupier of a house or other structure in or on which pigeons are, or are in the habit of, nesting or perching so as to create a health nuisance to take adequate steps to prevent them continuing to do so.