4564GOVERNMENT GAZETTE, WA 29 August 2022

4564 GOVERNMENT GAZETTE, WA 29 August 2022 9.36 Feed The occupier of any piggery shall— not receive, or allow to be received on such premises, any carcass or part of a carcass of a diseased animal; not feed the pigs upon the flesh or offal of diseased animals; not receive or suffer or permit to be received on the premises, putrid matter for any purpose; and not receive or suffer or permit to be received on the premises, any kitchen, slaughterhouse or butcher’s wastes or other putrescible pig feed. 9.37 Fencing Every piggery occupier shall securely fence all the enclosures. 9.38 Water supply Every piggery occupier shall provide a sufficient and constant supply of clean water, which shall be properly protected against pollution and always available for cleansing purposes. 9.39 Feeding troughs Every such occupier shall— where sties and enclosures are provided under the provisions of clause 9.34(2), provide feeding troughs in every sty, situated near to the drainage gutter or positioned to be accessible to the pigs in two or more sties or enclosures; where enclosures are provided under the provisions of clause 9.34(3), provide feeding troughs in every such enclosure; cause all feeding troughs, other than those provided in connection with movable enclosures, to be fixed upon a cement or concrete floor extending 1.2 metres in all directions from such trough, and designed to permit ready drainage; and not permit pigs to be fed other than at the feeding troughs provided in accordance with this clause. Notwithstanding the provisions of subclause (1), where pigs are kept continually confined in fully enclosed pens, floor feeding with pellets or dry meal shall be permitted, in which case feeding troughs are not required to be provided. PART 10—OFFENCES AND PENALTIES 10.1 Offences and penalties A person who— fails to do anything required or directed to be done under this local law; or fails to comply with the requirements of a notice issued under this local law by an authorised officer; or does anything which under this local law that person is prohibited from doing; commits an offence. A person who commits an offence under subclause (1) is liable to— a penalty which is not more than $5,000 and not less than— (i) in the case of a first such offence, $500; and (ii) in the case of a second such offence, $1000; and (iii) in the case of a third or subsequent such offence, $2,500 and if the offence is a continuing offence, a daily penalty which is not more than $500 and not less than $250. An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section 9.16(1) of the Local Government Act 1995. The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in Schedule 2. 10.2 Form of infringement notices Where a vehicle is involved in the commission of an offence, the form of the notice referred to in section 9.13 of the Local Government Act 1995 is that of Form 1 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; The form of the infringement notice referred to in section 9.16 of the Local Government Act 1995 is that of Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; and The form of the infringement withdrawal given under section 9.20 of the Local Government Act 1995 is that of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. 10.3 Other enforcement actions In addition to a penalty imposed under clause 10.1, any expense incurred by the local government in consequence of a breach or non-observance of this local law, in the execution of work directed to be executed by any person and not executed by him or her, must be paid by the person committing the breach for failing to execute the work.