4456GOVERNMENT GAZETTE, WA 13 November 2018

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.