4458GOVERNMENT GAZETTE, WA 13 November 2018

4458 GOVERNMENT GAZETTE, WA 13 November 2018 (2) An owner or occupier of land or premises shall not deposit or place a sea container on land— (a) unless the land is zoned as rural, commercial, industrial or urban; or (b) on any other land, without the prior approval of the local government. (3) Subclause (2) does not apply where the sea container is used for the temporary storage of materials or equipment during the construction or other works on site. (4) A sea container used in accordance with subclause (3) shall not— (a) be on the land for more than 6 consecutive months nor for more than 6 months within any 12 month period, without the approval of the local government; and (b) shall be removed within five working days of— (i) completion of works; (ii) expiry of 6 consecutive months; or (iii) such other time as approved by the local government. (5) An application made for approval under subclause (2)(b) shall be accompanied by the set fee. PART 5—NUISANCES AND DANGEROUS THINGS 5.1 Emission or reflection of light (1) An owner or occupier of land shall ensure that— (a) floodlights or other exterior lights are erected or used shall not allow the floodlights or other exterior lights to shine directly onto any other land; (b) artificial light is not emitted or reflected from anything on the land so as to illuminate land outside that land to more than 50 lux; and (c) natural light is not reflected from anything on the land so as to create or cause a nuisance to the occupier of any other land or to an owner or occupier of land lawfully using a thoroughfare. (2) A notice issued under clause 7.1 may require the owner and or occupier to do one or more of the following— (a) floodlights or other exterior lights are used only during the hours specified in the notice; (b) the direction in which the lights shine be altered as specified in the notice; (c) any reflective surfaces be painted or otherwise treated so as to abate the nuisance; or (d) any combination of these measures that an authorised person believes to be appropriate to the circumstances. 5.2 Escape of smoke, fumes or odours An owner or occupier of land or premises shall take all practicable steps to prevent the escape of smoke, fumes or odours from the land so as to cause a nuisance to any person. 5.3 Burning rubbish, refuse or other material (1) This clause does not apply to land zoned— (a) rural; or (b) urban. (2) An owner or occupier of land shall not set fire to rubbish, refuse or other material either in an incinerator or on the ground, except in accordance with the conditions of the local government. (3) The burning of rubbish, refuse or other material is subject to the following conditions— (a) the person has demonstrated to the satisfaction of an authorised person that reasonable alternatives for the disposal of the rubbish, refuse or other material do not exist and the potential for pollution is low; (b) at least 3 metres from a fence, building or inflammable matter; (c) in such a position so as not to create a nuisance or be offensive to other persons; (d) written approval has first been obtained from the local government; (e) the material does not include any plastic, rubber, food scraps, green garden materials or other material likely to cause the generation of smoke or odour in such quantity as to cause a nuisance to other persons; and (f) the burning complies with the Bush Fires Act 1954, any annual fire break and fuel hazard reduction notice issued by the local government under that Act and any conditions of approval as determined by the local government. (4) Subclause (2) shall not apply to any barbeque, solid fuel water heater, space heater or ovens fired with dry paper, dry wood, synthetic char or charcoal type fuel. (5) Subclause (2) is subject to declaration of a total fire ban under section 22A of the Bush Fires Act 1954. 5.4 Disposal of swimming pool backwash (1) The owner or occupier of land on which a swimming pool is constructed shall ensure that all backwash water is contained within the lot or discharged into the sewerage mains and is not permitted to discharge onto or run-off onto adjacent land.