3810GOVERNMENT GAZETTE, WA 29 October 2019

3810 GOVERNMENT GAZETTE, WA 29 October 2019 keeper in relation to a cat means each of the following— (a) the owner of the cat as defined in the Act; (b) a person who has or appears to have immediate custody or control of the cat; (c) a person who keeps the cat, or has the cat in her or his possession for the time being; (d) a person who occupies any premises in which a cat is ordinarily kept or permitted to live and who has care and control of the cat; (e) A permit holder of a permit which relates to the cat; or (f) the holder of an exemption issued in relation to the cat. licence means a Cat Management Facility licence issued under this local law; licensee means the holder of a licence issued under this local law; LG Act means the Local Government Act 1995; local planning scheme means a local planning scheme of the local government under the Planning and Development Act 2005, or a local planning scheme which was made under the Planning and Development (Local Planning Schemes) Regulations 2015; nuisance means— (a) an activity or condition which is harmful or annoying and gives rise to legal liability in the tort of public or private nuisance at law; (b) an unreasonable interference with the use and enjoyment of a person of their ownership or occupation of land; or (c) interference which causes material damage to land or other property on the land affected by the interference. premises, in addition to the meaning given to it in section 3 of the Act, means the premises described in the application to be licensed as a Cat Management Facility; person means any person, company, public body, association or body of persons corporate or unincorporated and includes an owner, occupier, licensee and permit holder, but does not include the local government; Regulations means the Cat Regulations 2012; RSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western Australia; Schedule means a Schedule to this local law; transferee means a person who applies for the transfer of a licence to him or her under clause 4.12; vermin means rats, mice, flies, fleas, mites, cockroaches and any other animal, whether vertebrate or invertebrate, which is known to be a vector of disease or likely to cause damage to human food, habitation or possessions; and written law has the same meaning given to it by section 5 of the Interpretation Act 1984 and includes this local law. (2) A term that is used in this local law and is not defined in subclause (1) has the same meaning given to it in the Act or, if not defined in the Act, the same meaning given to it in the Cat Regulations 2012, the Cat (Uniform Local Provisions) Regulations 2013 or the Local Government Act 1995. PART 2—NUMBER OF CATS THAT MAY BE KEPT 2.1 Interpretation For the purposes of applying this Part, a cat does not include a cat less than 6 months old. 2.2 Standard number of cats Subject to clause 2.3 and the Cat (Uniform Local Provisions) Regulations 2013, no more than two cats may be kept on premises at which a member of a cat organisation is not ordinarily resident. 2.3 Cats to which an approval is required (1) Subject to subclause (2) and the Cat (Uniform Local Provisions) Regulations 2013 a person is required to have an approval— (a) to keep more than two cats on any premises; or (b) to use any premises as a cattery. (2) An approval is not required under subclause (1) if the premises concerned are— (a) a refuge of the RSPCA; (b) a cat management facility which has been approved by the local government; (c) a veterinary surgery. 2.4 Application for approval (1) An application for approval to keep an additional number of cats at prescribed premises is dealt with in regulation 8 of the Cat (Uniform Local Provisions) Regulations 2013; and (2) An application for approval must be accompanied by the application fee determined by the local government from time to time.