Part 5NUISANCES AND GENERAL

PART 5—NUISANCES AND GENERAL Division 1—Nuisances 5.1 Interpretation car park means premises, or any part of premises, set aside for parking of 3 or more motor vehicles; 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; fertiliser includes manure; liquid waste has the same meaning as in clause 4.1; and public vehicle includes bus, taxi or any other public transport. 5.2 Public vehicles to be kept clean The owner or person in control of a public vehicle shall— (a) maintain the vehicle at all times— (i) in a clean condition; and (ii) free from vectors of disease; and (b) whenever directed by written notice given by an authorised person, thoroughly clean and disinfect the vehicle as directed. 5.3 Prohibition against spitting A person shall not spit on a footpath, street or public place. 5.4 Transportation, use and storage of offal, blood or other offensive material A person shall not transport or store offal or blood, for the purpose of being used as manure, unless it has been sterilised by— (a) steam, and properly dried; or (b) some other effective method approved by an authorised person. 5.5 Use or storage of fertiliser An owner or occupier of premises shall not use or keep for the purpose of use, as fertiliser any— (a) pig manure; (b) human faeces; or (c) urine. 5.6 Storage and dispatch of artificial fertiliser An owner or occupier of premises where artificial fertiliser is stored in bulk for sale shall— (a) keep all artificial fertiliser in a building— (i) of which all internal surfaces are constructed of durable and non–absorbent materials; finished internally with a smooth surface; (ii) that protects it from the absorption of moisture; and (iii) that is adequately ventilated; (b) take adequate measures to prevent the emission of dust or offensive effluvia from the building; and (c) ensure that all artificial fertiliser dispatched from the premises is handled and loaded in such a manner as to prevent any nuisance arising during transit. 5.7 Storage of fertiliser and compost (1) Subject to subclause (2) fertiliser and compost is not to be stored inside a dwelling house in a habitable room, kitchen, laundry, bathroom, living area, passage way or bedroom. (2) Fertiliser and compost may be stored— (a) in a non-habitable building such as a shed, garage or storage room which is fully enclosed, well ventilated and separated from the habitable areas of the dwelling house; or (b) in an outside area.

5 April 2022 GOVERNMENT GAZETTE, WA 2511 (3) The owner of occupier of premises where fertiliser or compost is stored or used shall— (a) take reasonable steps to prevent the escape of odours, dust or particles of fertiliser or compost; (b) treat the fertiliser or compost in such a manner as to effectively prevent it attracting or being a breeding place for vermin; and (c) store only such amounts of fertiliser or compost— (i) as can be readily used within a reasonable period; or (ii) as may be directed by written notice given by an authorised person. 5.8 Movement of commercial vehicles light commercial vehicle— (a) means a vehicle with a gross vehicle mass not greater than 4500 kg, constructed for the conveyance of goods or merchandise, or for the conveyance of materials used in any trade, business, industry or work whatsoever, other than a vehicle for the conveyance of passengers; and (b) includes any vehicle that is designed primarily for the carriage of persons, but which has been fitted or adapted for the conveyance of the goods, merchandise or materials referred to, and is in fact used for that purpose; and commercial vehicle means a vehicle, whether licenced or not, that has a gross vehicle mass of greater than 4500 kg including— (a) a utility, van, truck, tractor, bus or earthmoving equipment; and (b) a vehicle that is, or is designed to be an attachment to a vehicle referred to in paragraph (a). (2) A person shall not park a light commercial vehicle or commercial vehicle containing animals in a townsite for a period in excess of one hour, unless— (a) on land zoned as farming, rural residential, rural, special rural, industrial, light industry or general industry; and (b) the vehicle is parked on that land more than 100 metres from any dwelling house. (3) A person shall not park a light commercial vehicle or commercial vehicle so as to create or be a nuisance to any person, by reason of the odour emanating from the vehicle where that vehicle contains or has been used for— (a) the carriage of animals; (b) the transport of chemicals; or (c) collection or disposal of any waste. (4) If a person parks a light commercial vehicle or commercial vehicle containing animals in a townsite in accordance with subclause (2) or with the approval of an authorised person, then the person does not contravene subclause (3). (5) A person shall not start or drive a commercial vehicle on land zoned, approved or used for residential purposes between the hours of 10.30 pm and 6.30 am on the following day without first obtaining the written consent of an authorised person. 5.9 Footpaths etc, to be kept clean An owner or occupier of premises shall take reasonable steps to ensure that any footpath, pavement, area or right of way immediately adjacent to the premises is clear of any rubbish, matter or things coming from or belonging to the premises. 5.10 Disposing of disused refrigerators or similar containers A person shall not place, leave or dispose of a disused refrigerator, ice chest, ice box, trunk, chest or other similar article having a compartment with a capacity of 0.04 cubic metres or more, on any land unless— (a) every door and lid and every lock, catch and hinge attached to a door or lid has been removed; (b) rendering every door and lid incapable of being fastened; and (c) refrigerant gas has been removed by a qualified person. 5.11 Storage of vehicles, vessels and machinery machinery includes disused equipment; vehicle means any motor vehicle, or part of a motor vehicle in a state of disrepair or in the process of being wrecked whether licensed or not; vessel means any kind of vessel intended for navigation by water, or part of a vessel in a state of disrepair or in the process of being wrecked whether licensed or not; and wreck includes the dismantling, breaking up, storage and disposal of vehicles. (2) The owner or occupier of land in a townsite 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;