4456

4456 GOVERNMENT GAZETTE, WA 13 November 2018 (4) Where the local government approves an application under subclause (1)(b), it is to issue to the applicant a permit in the form approved by the local government from time to time. (5) A permit is valid from the date of issue until 30 June following, unless cancelled prior to that date. 3.4 Conditions of approval to keep livestock or birds (1) An application approved under clause 3.3(1)(b) to keep livestock or birds may be issued subject to conditions, including— (a) all livestock or birds are to be kept confined to the lot; (b) provision of adequate shelter or housing for the livestock or birds; (c) all fencing and gates of the enclosure in which livestock or birds are kept— (i) are capable of confining the livestock or birds at all times; (ii) gates are securely kept fastened; and (iii) maintained in good condition and repair at all times; (d) all structures or enclosures in which livestock or birds are kept is at all times— (i) maintained in clean condition and good repair; (ii) kept free from all matter which is or is likely to become offensive or injurious to health or likely to attract vermin; and (iii) effectively drained and the drainage flows away from the walls or foundations of any building; (e) require that a manure receptacle is provided— (i) within the structure or enclosure where livestock or birds are kept; (ii) all manure produced on the land to be collected daily and placed in the receptacle; (iii) the receptacle to be emptied as often as is necessary to prevent it becoming offensive or a breeding place for vermin, but in any case at least once a week; and (iv) keep the lid of the receptacle closed except when manure is being deposited or removed; (f) when so directed by an authorised person, the owner or occupier of the land shall— (i) clean and disinfect any specified portion of the land; and (ii) spray with a residual chemical or other effective means of controlling any vermin; (g) ensuring the livestock or birds do not cause a nuisance to any neighbour regarding noise, dust, or odour; and (h) any other conditions that the local government considers necessary for the protection of the health and amenity of the neighbourhood. (2) Conditions under subclause (1) may be imposed at the time of approval or any time subsequent to the initial approval. 3.5 Variation of permit to keep livestock or birds The local government may vary the conditions of a permit after it has been issued, and shall give written notice of such variation to the permit holder, where— (a) the variation is at the discretion of the local government, no fee is required to be paid; or (b) the variation is made by the owner of the livestock or birds, the application is accompanied by the set fee. 3.6 Transfer of permit The local government may transfer a permit where— (a) the application is accompanied by the set fee; (b) in relation to land, subject to the current permit holder complying with clauses 3.1, 3.2 and 3.4; or (c) in relation to the permit holder, where all conditions imposed under clause 3.4 are confirmed in writing by the proposed permit holder. 3.7 Cancellation of approval to keep livestock or birds The local government may cancel a permit in the event the permit holder— (a) fails to comply with any condition of the approval set under clause 3.4; (b) after being notified of a variation under clause 3.5 fails to comply with the varied condition by the date specified in the notice; or (c) fails to comply with a notice of breach issued under clause 7.1. PART 4—ENVIRONMENT 4.1 Burning of refuse or vegetation on building or development sites An owner or occupier of any building or development site shall ensure that no vegetation or other material cleared from the site is burnt on the site unless consent in writing is given by an authorised person.

13 November 2018 GOVERNMENT GAZETTE, WA 4457 4.2 Unsightly land—removal of unsightly or disused materials The owner or occupier of a lot shall not keep, or permit to remain on the lot, any unsightly or disused material of whatever nature or kind, which in the opinion of an authorised person, is likely to give the lot an untidy appearance and does not conform with the general appearance of other adjoining land. 4.3 Unsightly land—removal of overgrown vegetation The owner or occupier of a lot shall not permit to remain on a lot, any unsightly overgrowth of vegetation that gives the lot an untidy appearance and does not conform with the general appearance of other adjoining land. 4.4 Prevention of dust and liquid waste nuisance (1) An owner and or occupier of land must take effective measures to— (a) stabilise dust on the land; (b) contain all liquid waste on the land; and (c) ensure no dust or liquid waste is released or escapes from the land, by means of wind, water or any other cause. (2) A notice issued under clause 7.1 may require the owner and or occupier to do one or more of the following— (a) comply with subclause (1); (b) clean up and properly dispose of any released or escaped dust or liquid waste; (c) clean up and make good any damage resulting from the released or escaped dust or liquid waste; and (d) take effective measures to stop any further release or escape of dust or liquid waste. (3) Where an authorised person is of the opinion that dust or liquid waste may be released or escape as a result of an activity which is likely to be carried on from any land, the authorised person may give to the owner and or occupier a notice providing that the activity may only be carried on subject to conditions specified in the notice. 4.5 Dust management (1) This clause does not apply to land zoned as rural or urban. (2) The local government may require an owner or occupier of land who intends to undertake any activity, from which any soil, sand or dust is likely to be released whether by means of wind, water or any other cause, to— (a) submit to an authorised person a Dust Management Plan in accordance with the Department of Environmental Regulation document “A guideline for managing the impacts of dust and associated contaminants from land development sites, contaminated sites remediation and other related activities” (March 2011), or any updated version of this document; and (b) obtain written approval of the Dust Management Plan from an authorised person before commencement of any work. (3) A notice issued under clause 7.1 may require an owner or occupier of land undertaking work involving the clearing of land, from which soil, sand and dust is being released by means of wind, water or any other cause, to— (a) submit to an authorised person a Dust Management Plan in accordance with the Department of Environmental Regulation document “A guideline for managing the impacts of dust and associated contaminants from land development sites, contaminated sites remediation and other related activities” (March 2011), or any updated version of this document; and (b) obtain written approval of the Dust Management Plan from an authorised person before continuing any work. 4.6 Storage of vehicles, vessels and machinery The owner or occupier of a lot shall not— (a) store, or allow to remain, in public view on any lot more than one vehicle, vessel or machinery (whether licensed or not) in a state of disrepair; (b) store, or allow to remain, in public view on any lot any vehicle, vessel or machinery in a state of disrepair for a period in excess of one month; (c) store, or allow to remain, in public view on any lot any vehicle, vessel or machinery parts (including tyres); (d) wreck, dismantle or break up any vehicle, part or body of a vehicle, vessel or machinery except where performed— (i) inside a building; or (ii) within an area enclosed by a fence or wall of not less than 1.8 metres in height and of such a nature as to screen all vehicles, parts or bodies of vehicles, vessels or machinery from the street and from adjoining properties; or (e) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance. 4.7 Sea containers (1) This clause does not apply where approval to place or deposit a sea container has been given under the local planning scheme.