Part 9OFFENSIVE TRADES

PART 9—OFFENSIVE TRADES Division 1—General 9.1 Interpretation In this part— Certificate of Registration of Premises for Offensive Trade means a certificate issued under clause 9.5 in a form as determined by the local government from time to time; occupier in relation to premises includes the person registered as the occupier of the premises in a form as determined by the local government from time to time; offensive trade means any of the trades listed in Schedule 1; and premises includes houses. 9.2 Consent to establish an offensive trade A person seeking the consent of the local government under section 187 of the Act to establish an offensive trade shall— advertise notice of his intention to apply for consent in accordance with clause 9.3; and lodge with the Chief Executive Officer an application in a form as determined by the local government from time to time. A person who makes a false statement in an application under this clause shall be guilty of an offence. 9.3 Notice of application A notice required under subclause 9.2(1) (a) shall— contain the name and address of the person who intends to make the application; contain a description of the nature of the offensive trade; contain details of the premises in or upon which it is proposed to carry on the proposed trade; and be published in accordance with regulation 3A (2) (c) of the Local Government (Administration) Regulations 1996 at least two weeks but not more than one month before the application under clause 9.2 (1) (b) is lodged with the Chief Executive Officer. 9.4 Registration of premises An application for the registration of premises pursuant to section 191 of the Act shall be— in a form as determined by the local government from time to time; accompanied by— (i) the fee prescribed in the Health (Offensive Trades Fees) Regulations 1976 as amended from time to time; and (ii) a comprehensive management plan; and

27 June 2024 GOVERNMENT GAZETTE, WA 1561 lodged with the Chief Executive Officer. 9.5 Certificate of Registration of Premises for Offensive Trade Upon the registration of premises for the carrying on of an offensive trade, the local government shall issue to the applicant a Certificate of Registration of Premises for Offensive Trade in a form as determined by the local government from time to time. 9.6 Change of occupier Where there is a change of occupier of the premises registered pursuant to this Division, the new occupier shall forthwith notify the Chief Executive Officer in writing of such change. 9.7 Alterations to premises While any premises remain registered under this Division, a person shall not, without the written permission of the local government, make or permit any change or alteration to the premises other than minor repairs, installations or interior refurbishment. Division 2—General Duties of an Occupier 9.8 Interpretation occupier means the occupier, or where there is more than one occupier, each of the occupiers of the premises in or upon which an offensive trade is carried on; and premises means those premises in or upon which an offensive trade is carried on. 9.9 Cleanliness keep or cause to be kept in a clean and sanitary condition and in a state of good repair the floors, walls and ceilings and all other portions of the premises; keep or cause to be kept in a clean and sanitary condition and in a state of good repair all fittings, fixtures, appliances, machinery, implements, shelves, counters, tables, benches, bins, cabinets, sinks, drain boards, drains, grease traps, tubs, vessels and other things used on or in connection with the premises; keep the premises free from any unwholesome or offensive odour arising from the premises; keep in a clean and tidy condition all yards, footpaths, passage ways, paved areas, stores or outbuildings used in connection with the premises; and clean daily and at all times keep and maintain all sanitary conveniences and all sanitary fittings and grease traps on the premises in a clean and sanitary condition. 9.10 Rats and other vectors of disease ensure that the premises are kept free from vermin, rodents, cockroaches, flies and other vectors of disease; and provide in and on the premises effective means and methods for the eradication and prevention of vermin, rodents, cockroaches, flies and other vectors of disease. 9.11 Sanitary conveniences and hand wash basins The occupier shall provide on the premises in an approved position sufficient sanitary conveniences and hand wash basins, each with an adequate supply of hot and cold water for use by employees and by all other persons lawfully upon the premises. 9.12 Painting of walls etc. The occupier shall cause the internal surface of every wall, the underside of every ceiling or roof and all fittings as may be directed in and on the premises to be cleaned and painted when instructed by an 9.13 Effluvia, vapours or gases The occupier shall provide, use and maintain in a state of good repair and working order, appliances capable of effectively destroying or of rendering harmless all offensive effluvia, vapours or gases arising in any process of his or her business or from any material, residue or other substance which may be kept or stored upon the premises. 9.14 Offensive material provide on the premises impervious receptacles of sufficient capacity to receive all offensive material and trade refuse produced upon the premises in any one day; keep airtight covers on the receptacles, except when it is necessary to place something in or remove something from them; cause all offensive material and trade refuse to be placed immediately in the receptacles; cause the contents of the receptacles to be removed from the premises at least once in every working day or other interval as may be directed by an Authorised Officer; and cause all receptacles after being emptied to be cleaned immediately with an efficient disinfectant.