262GOVERNMENT GAZETTE, WA 23 February 2024

262 GOVERNMENT GAZETTE, WA 23 February 2024 LG403 CAT ACT 2011 Shire of Serpentine Jarrahdale CAT LOCAL LAW 2023 Cat Act 2011, the Local Government Act 1995 and by all other powers enabling it, the Council of the Shire of Serpentine Jarrahdale resolved on 16 October 2023 to make the following local law. PART 1—PRELIMINARY Shire of Serpentine Jarrahdale Cat Local Law 2023. The Shire of Serpentine Jarrahdale Kennel and Cattery Local Law published in the Gazette on 13 February 2004 is repealed. 1.5 Definitions and Interpretation Cat Act 2011; Animal Establishment means premises used for the breeding, boarding, training or caring of animals for commercial purposes but does not include animal husbandry—intensive or veterinary centre; applicant means the occupier of the premises who makes an application for a permit under this local law; authorised person means a person authorised by the local government, under section 9.10 of the Local Government Act 1995 to perform the functions conferred on an authorised person under this local law; cat means an animal of the species felis catus or a hybrid of that species; cat enclosure means an enclosure designed and built in close proximity to a dwelling to contain a cat, or cats, and to secure and prevent the cat or cats from roaming at large, unsecured and uncontained; Cat Haven means Cat Welfare Society Inc., trading as “Cat Haven”; cat management facility means— (a) a facility operated by a local government that is, or may be, used for keeping cats; (b) a facility for keeping cats that is operated by a person or body prescribed; or (c) a facility for keeping cats that is operated by a person or body approved in writing by a local government; cat prohibited area means an area identified in the table contained in Schedule 3 as being ‘Prohibited’ under the fourth column of the table entitled ‘Status’; cattery means any premises where cats are kept, boarded, housed or trained temporarily for profit, and where the occupier of the premises is not the ordinary owner of the cats, or the keeping of more than six (6) cats; effective control in relation to a cat means any of the following methods— (a) held by a person who is capable of controlling the cat; (b) securely tethered; (c) secured in a cage; or (d) any other means of preventing escape; foster carer means a person who has a cat or cats placed in their care by Cat Haven, RSPCA, SAFE or other bona fide cat rescue group as a non-permanent arrangement; grouped dwelling as defined by the Residential Design Codes; local government means the Shire of Serpentine Jarrahdale; local planning scheme means a local planning scheme of the local government made by it under the Planning and Development Act 2005 and its antecedents; multiple dwelling as defined by the Residential Design Codes;

23 February 2024 GOVERNMENT GAZETTE, WA 263 nuisance means— (a) an activity or condition which is harmful or annoying and which 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 his or her ownership or occupation of land; or (c) interference which causes material damage to land or other property on the land affected by the interference; owner has the meaning given to it in the Act; permit means a permit issued by the local government under Part 3; permit holder means a person who holds a valid permit under Part 3; premises includes the following— (a) land (whether or not vacant); (b) the whole or part of a building or structure (whether of a permanent or temporary nature); and (c) a vehicle; RSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western Australia; SAFE means any of the following— (a) Saving Animals from Euthanasia Incorporated (ABN 59 337 498 934); (b) S.A.F.E. Hedland Inc (ABN 23 865 056 223); (c) Saving Animals from Euthanasia Busselton Inc (ABN 21 692 235 008); Schedule means a schedule to this local law; and Veterinarian means a registered veterinary surgeon as defined in the Veterinary Surgeons Act 1960 section 2. PART 2—CONTROL OF CATS 2.1 Cat not to be a nuisance (1) An owner shall not allow a cat to be or create a nuisance. (2) Where in the opinion of an authorised person, a cat is creating a nuisance, the local government may give a cat control notice to the owner of the cat requiring that person to abate the nuisance. (3) When a nuisance has occurred and a notice to abate the nuisance is given, the notice remains in force for the period specified by the local government in the notice which shall not exceed 28 days. (4) A person given a notice to abate the nuisance shall comply with the notice within the period (5) A cat control notice under clause 2.1(2) shall be in the form of Schedule 1, Form 3 of the Cat Regulations 2012. 2.2 Cat prohibited areas (1) A cat shall not be in a cat prohibited area at any time, whether or not under effective control. PART 3—PERMITS FOR KEEPING CATS 3.1 Interpretation In this Part, and for the purposes of applying the definition of ‘cattery’, cat does not include a cat less than six (6) months old. 3.2 Cats for which a permit is required (1) Subject to subclause (2) a person is required to have a permit to— (a) keep more than two (2) cats, but not more than six (6) on any premises; or (b) use any premises as a cattery or cat management facility. (2) A permit is not required under subclause (1) if the premises concerned are— (a) a refuge of the RSPCA or any other body prescribed in regulation 4 of the (b) a cat management facility which has been approved by the local government; or (c) a veterinary surgery. (d) a cat management facility operated by a local government 3.3 Application for permit (1) An application for a permit under clause 3.2 shall be— (a) made in writing by an occupier of the premises in relation to those premises; (b) in a form approved by the local government, describing and specifying the number of cats to be kept on the premises; (c) accompanied by a brief reason and justification for the request; (d) accompanied by the plans of the premises to which the application relates in the form determined by the local government from time to time;