3812GOVERNMENT GAZETTE, WA 29 October 2019

3812 GOVERNMENT GAZETTE, WA 29 October 2019 (d) lodged with the local government together with the fee for the application for the transfer of an approval that is imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. 2.9 Variation or cancellation of an approval (1) The local government may, at any time, vary the conditions of an approval by giving written notice to the approved person and specifying the date on which the changes will become effective. (2) The local government may cancel an approval— (a) on the request of the approved person; (b) if the approved person breaches the Act, the Regulations, the Cat (Uniform Local Provisions) Regulations 2013 or this local law; or (c) if the approved person is not a fit and proper person to provide for the health and welfare of the cats. (3) If an approval is cancelled, the fee paid for the approval is not refundable for the term of the approval that has not yet expired. PART 3—CONTROL OF CATS 3.1 Cat nuisance The owner or occupier of premises on which a cat is ordinarily kept must take reasonable measures to prevent the cat from creating a nuisance on other premises, to another person or exposing another person to health and/or safety risk. 3.2 Cats in other places (1) A cat shall not be in a public place unless the cat is, in the opinion of an Authorised Person, under effective control. (2) If a cat is at any time in contravention of clause 3.2(1)— (a) the keeper of the cat commits an offence; and (b) an Authorised Person may seize and impound the cat and deal with the cat pursuant to the Act. (3) A cat shall not be in a place that is not a public place unless— (a) consent to its being there has been given by the occupier, or a person apparently authorised to consent on behalf of the occupier; and (b) it is under effective control. (4) If a cat is at any time, in a place in contravention of the Shire of Northam Cat Local Law 2019— (a) The keeper of the cat commits an offence; and (b) In any premises lawfully entered by an Authorised Person, they may seize and impound the cat and deal with the cat pursuant to the Act. 3.3 Cleanliness The owner or occupier of premises where a cat or cats are kept must take reasonable measures to— (a) keep the premises free from excrement, filth, food waste and all other matter that is likely to become offensive or injurious to health or to attract vermin; (b) when so directed by an Authorised Person, clean and disinfect the premises; and (c) keep the premises, so far as possible, free of flies and when directed by an Authorised Person, spray the premises with a residual insecticide or use any other effective means to kill and repel flies. PART 4—DESIGNATED CAT MANAGEMENT FACILITIES 4.1 Operating a Cat Management Facility without a licence Unless exempt as an organisation listed in the Regulations, a person who operates a premises as a Cat Management Facility within the District without a licence commits an offence. 4.2 Application for a licence to be designated as a Cat Management Facility An application for a licence must be made in the form of that in Schedule 1, and must be lodged with the local government together with— (a) plans and specifications of the premises, including a site plan; (b) proposed details of how the facility will be kept secure; (c) written evidence that either the applicant or another person who will have the charge of the cats, will reside on the premises or, in the opinion of the local government, sufficiently close to the premises so as to control the cats and ensure their health and welfare; (d) a written acknowledgement that the applicant has read and agrees to comply with any code of practise relating to the keeping of cats which may be nominated from time to time by the local government; and (e) the fee for the application for a licence referred to in clause 4.7(1).