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5.31 Limitation on numbers of bee hives
(1) A person shall not keep or permit the keeping of bees unless—
(a) on land having an area greater than 1000 square metres; or
(b) approval to do so has been given by an authorised person.
(2) Subject to subclause (3), a person shall not keep or permit the keeping of bees in more than two
hives on land within a townsite.
(3) An authorised person may, upon written application, consent to a person keeping bees in more than
two hives on a lot, with or without conditions.
5.32 Restrictions on keeping of bees
A person shall not keep or permit the keeping of bees on a lot unless, at all times—
(a) an adequate and permanent supply of water is provided on the lot which is readily accessible
to bees;
(b) the hive is kept—
(i) outside, and at least 10 metres from, any building other than a fence;
(ii) at least 10 metres from any footpath, street, private street or public place; and
(iii) at least 5 metres from the boundary of the lot;
(c) the person is registered as a beekeeper if required by the Agriculture Management
(Identification and Movement of Stock and Apiaries) Regulations 2013.
5.33 Bees which cause a nuisance not to be kept
A person shall not keep or permit the keeping of bees which cause a nuisance.
PART 6—ENVIRONMENT
Division 1—Unsightly land and disused materials
6.1 Unauthorised storage of materials
(1) All construction materials shall be located on the building site or development site under
construction, unless written approval has been given by an authorised person to store materials on
another property (including a road reserve).
(2) In addition to clause 13.1 an application for approval under subclause (1) shall be accompanied by
the written approval of the landowner of the land on which materials are proposed to be stored.
6.2 Removal of refuse and disused materials
The owner or occupier of a lot shall not keep, or permit to remain on the lot, any refuse, rubbish or
disused material of whatever nature or kind which in the opinion of an authorised person is likely to
give the lot an unsightly appearance and does not conform with the general appearance of other land
in that particular part of the district.
6.3 Removal of unsightly overgrowth of 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.
Division 2—Dust, smoke, fumes and odours
6.4 Interpretation
dust means any visible granular or particulate material which has or has the potential to become
airborne and includes organic and non-organic matter and sand, but does not include smoke;
and
liquid waste means—
(a) wastewater or any other liquid waste from domestic, industrial or commercial activities,
other than effluent;
(b) includes bathroom, kitchen, scullery and laundry wastes, all washings from animal and
poultry pens and any other domestic or trade wastes that are discharged by means of a
drain to a receptacle for drainage; and
(c) includes waste from any process or activity, whether useful or useless, that is in liquid form
and includes paint, fuel, grease, fat, oil, degreaser, solvent, detergent, chemical, animal
waste, food waste, effluent and all discharges of liquid to land, air or water that are not
otherwise authorised by a written law but does not include uncontaminated stormwater.
6.5 Dust management
(1) An authorised person may require an owner or occupier of land undertaking or intending to
undertake any work involving the clearing of land, from which any 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 “A guideline for
managing the impacts of dust and associated contaminants from land development sites,
remediation and other related activities (2011)” as produced by the Department of Water and
Environmental Regulation, and amended from time to time; and
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(b) obtain written approval of the Dust Management Plan from an authorised person before
commencement of any work.
(2) An owner or occupier of land may be required by written notice to take effective measures including
but not limited to—
(a) stabilise dust on the land;
(b) contain all liquid waste on the land;
(c) ensure no dust or liquid waste is released or escapes from the land whether by means of wind,
water or any other cause; and
(d) notify the owners or occupiers of adjoining land in writing at least 48 hours prior to the
commencement of any activity that has the potential to cause the release or escape from the
land of dust or liquid waste giving details of—
(i) the nature of the activity;
(ii) the proposed commencement time, frequency, duration time and location of the activity;
and
(iii) the name of the person responsible for carrying out the activity and how and where that
person may be contacted.
(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 or occupier written notice that the activity may only be carried on subject to conditions
specified in the notice.
6.6 Burning of cleared vegetation on building or development site prohibited
An owner or occupier of any building site or development site within a townsite shall ensure that no
vegetation or other material cleared from the site is burnt on the site unless authorisation in writing is
given by an authorised person.
6.7 Burning of rubbish, refuse or other material
(1) A person shall not on any land having an area of 4000 square metres or less within a townsite, set
fire to rubbish, refuse or other materials unless—
(a) 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;
(b) a haze alert has not been issued by the Bureau of Meteorology for the period during which
burning is to take place; and
(c) the burning complies with the Bush Fires Act 1954, any annual fire hazard reduction notice
issued by an authorised person under that Act and any conditions of approval as determined
by an authorised person.
(2) Subclause (1) 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.
(3) Subclause (1) is subject to any fire danger rating as determined by the Bureau of Meteorology.
6.8 Escape of dust, smoke, fumes or odours
An owner or occupier of land or premises shall not cause or permit the escape of dust, smoke, fumes or
odours from the land so as to cause or to be a nuisance to any person.
Division 3—Stormwater management
6.9 Containment and disposal of stormwater
(1) The owner or occupier of a lot shall ensure that all stormwater received by any building, house, or
other structure or any paved or sealed or other surfaced areas including any vehicle access ways on the
lot is contained within the lot and is not permitted to discharge onto or run-off onto adjacent land so as
to cause a nuisance, or cause damage to any structures situated on adjacent land.
(2) Subclause (1) shall not prevent the discharge of stormwater from a lot into a local government
approved stormwater drain or road.
(3) The owner or occupier of a lot shall ensure that all stormwater drainage systems on the lot or used
by that lot but are located on an adjoining land, are maintained in a good state of repair and free from
obstruction.
Division 4—Light
6.10 Use of exterior lights
An owner and or occupier of land on which floodlights, lighting installations or other exterior lights are
erected or used shall not allow the floodlights or other exterior lights to shine directly onto an adjoining
lot.
6.11 Emission or reflection of light
An owner or occupier of land shall ensure that—
(a) artificial light is not emitted or reflected from anything on the land so as to illuminate premises
outside the land at a level that interferes unreasonably with normal daily activities; and
(b) natural light is not reflected from anything on the land so as to create or cause a nuisance to—
(i) the owner or occupier of any other premises; or
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(ii) person lawfully using a street or thoroughfare.
PART 7—ANIMALS AND BIRDS
Division 1—Keeping of animals and birds
7.1 Cleanliness
An owner or occupier of premises in or on which a dog, cat or other animal or bird is kept shall—
(a) maintain the premises free from excrement, filth, food waste and all other matters which is or
is likely to become offensive or injurious to health or to attract rats or other vermin;
(b) when so directed by written notice given by an authorised person, clean and disinfect the
premises; and
(c) keep the premises, so far as possible, free from flies or other vermin by spraying with a residual
insecticide or other effective means.
7.2 Nuisance caused by animals or birds
An owner or occupier of land shall not keep any animal or bird which—
(a) is or creates a nuisance; or
(b) emits an unreasonable or constant noise.
7.3 Animal and bird enclosures
(1) A person shall not keep or cause or permit to be kept any animals or birds on premises which are
not effectively drained or of which the drainage flows to the walls or foundations of any building.
(2) An authorised person may give written notice to the owner or occupier of premises where animals
or birds are kept to pave, grade and drain floors of all structures and the surface of the ground of all
enclosures used for the keeping of animals or birds.
7.4 Keeping of fauna
fauna means any animal indigenous to or which periodically migrates to any State or Territory of
the Commonwealth or the territorial waters of the Commonwealth and includes in relation to
any such animal—
(a) any class of animal or individual member;
(b) the eggs or larvae; or
(c) the carcass, skin, plumage or fur unless it has been shed or discarded by the fauna in a
normal or natural manner.
(2) Notwithstanding the provisions of Division 2 and Division 3 of this Part, a person may keep fauna
for the period and under such conditions as may be authorised by the department of the Public Service
principally assisting in the administration of the Conservation and Land Management Act 1984.
Division 2—Keeping of animals
7.5 Interpretation
approved animal means a farm animal the subject of an approval by an authorised person;
cow includes an ox, calf or bull;
farm animal includes a horse, cow, pig, sheep, camel, alpaca, llama, deer, goat or other large
animal; and
horse includes an ass, mule, donkey or pony.
7.6 Requirements for keeping approved animals
(1) An owner or occupier of premises within a townsite shall not keep a farm animal without approval
of an authorised person.
(2) An owner or occupier of premises who has an approved animal shall ensure the premises has an
area of not less than 2000 square metres for the exclusive use of the approved animal.
(3) A person who keeps an approved animal or permits an approved animal to be kept shall ensure
(a) all approved animals are to be kept in a properly constructed and securely fastened structure
or enclosure; and
(b) no approved animal is able to encroach within 15 metres of a dwelling house, public building,
or premises where people are employed or premises where food is stored, prepared,
manufactured or sold.
(4) Subclauses (1) and (2) do not apply to premises used—
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7.7 Limitation on numbers of other animals
(1) The number of cats or dogs permitted to be kept are as determined by the Shire of Narrogin—
(a) Cats Local Law 2016 as amended from time to time; and
(b) Dogs Local Law 2016 as amended from time to time.
(2) Without the approval of an authorised person, an owner or occupier of land in a townsite shall not
keep more than 20 animals, including dogs and cats.
(3) Notwithstanding subclause (2) an authorised person may require a reduction of the approved
number of animals on premises within a townsite, or alternatively prohibit the keeping of animals on
particular premises, if unreasonable noise or a nuisance is being caused.
(4) Subclauses (2) and (3) do not apply to premises used—
Division 3—Keeping of birds
7.8 Interpretation
poultry includes fowls, peafowls, guinea fowls, turkeys, geese, ducks, chickens, bantams and other
domestic fowls;
pigeons are birds that are classified within the family Columbidae and includes doves; and
miscellaneous birds means birds other than poultry and pigeons.
7.9 Commercial poultry establishments
Commercial poultry establishments are to manage operations in accordance with the Environmental
Code of Practice for Poultry Farms in Western Australia 2004 produced by the Western Australian
Broilers Growers Association and Poultry Farmers Association of Western Australia.
7.10 Limitation on numbers of pigeons, poultry and miscellaneous birds
(1) Without the approval of an authorised person, an owner or occupier of land in a townsite shall not
keep a combined total of more than 20 poultry, pigeons and miscellaneous birds.
(2) Notwithstanding subclause (1) an authorised person may require a reduction of the approved
number of poultry, pigeons, or miscellaneous birds on premises within the district, or alternatively
prohibit the keeping of poultry, pigeons, or miscellaneous birds on particular premises, if unreasonable
noise or a nuisance is being caused.
(3) Subclauses (1) and (2) do not apply to premises used—
7.11 Requirements for keeping poultry
(1) A person who keeps poultry or permits poultry to be kept on land within a townsite shall ensure
(a) all poultry is kept in a properly constructed and securely fastened structure or enclosure;
(b) the structure or enclosure is in a yard having an otherwise unobstructed area of at least 15
square metres; and
(c) no poultry is able to approach within 15 metres of a street other than a right of way unless, in
the case of land at the junction of two or more streets, an authorised person has approved a
lesser distance.
(2) A person who keeps poultry or permits poultry to be kept shall ensure no poultry is able to
encroach—
(i) within 5 metres of any dwelling house on the land; or
(ii) within 15 metres of a neighbouring dwelling house, public building, or premises where
people are employed or premises where food is stored, prepared, manufactured or sold.
7.12 Roosters, geese, turkeys, peafowl, emu and ostrich
Without the approval of an authorised person, an owner or occupier of premises in a townsite shall not
keep on those premises—
(a) a rooster;
(b) a goose or gander;
(c) a turkey;
(d) a peacock or peahen;
(e) guinea fowl;
(f) an emu; or
(g) an ostrich.