Shire of Williams Repeal Local Law 2022

2329 ISSN 2204-4264 (online) PERTH, THURSDAY, 24 MARCH 2022 No. 42 SPECIAL PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA SHIRE OF WILLIAMS ———— LOCAL GOVERNMENT ACT 1995 BUSH FIRES ACT 1954 BUSH FIRE BRIGADES LOCAL LAW 2022 ——————————— LOCAL GOVERNMENT ACT 1995 DOG ACT 1976 DOGS LOCAL LAW 2022 ——————————— LOCAL GOVERNMENT ACT 1995 BIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007 BUSH FIRES ACT 1954 REPEAL LOCAL LAW 2022 ———————————

24 March 2022 GOVERNMENT GAZETTE, WA 2331 LOCAL GOVERNMENT ACT 1995 BUSH FIRES ACT 1954 SHIRE OF WILLIAMS BUSH FIRE BRIGADES LOCAL LAW 2022 Under the powers conferred by the Local Government Act 1995, the Bush Fires Act 1954 and under all other powers enabling it, the Council of the Shire of Williams resolved on 16 February 2022 to make the following local law.

1. Citation This local law may be cited as the Shire of Williams Bush Fire Brigades Local Law 2022.
2. Commencement This local law will come into operation 14 days after publication in the Government Gazette.
3. Application This local law applies throughout the district.
4. Definitions (1) In this local law unless the context otherwise requires— Act means the Bush Fires Act 1954; brigade area is defined in clause 6(1)(b); bush fire brigade is defined in section 7 of the Act; CEO means the Chief Executive Officer of the local government; district means the district of the local government; local government means the Shire of Williams; normal brigade activities is defined by section 35A of the Act; and Regulations means Regulations made under the Act. (2) In this local law, unless the context otherwise requires, a reference to— (a) a captain; (b) a first lieutenant; (c) a second lieutenant; and (d) any additional lieutenants; means a person holding that position in a bush fire brigade.
5. Establishment of a bush fire brigade (1) The local government may establish a bush fire brigade for the purpose of carrying out normal brigade activities. (2) A bush fire brigade is established on the date of the local government’s decision under subclause (1). (3) A bush fire brigade established under subclause (1) is to hold a meeting at least once every financial year to appoint persons to the positions in clause 6(1)(c).
6. Name and officers of bush fire brigade (1) On establishing a bush fire brigade under clause 5(1) the local government is to— (a) give a name to the bush fire brigade; (b) specify the brigade area in which the bush fire brigade is primarily responsible for carrying out the normal brigade activities; and (c) appoint— (i) a captain; (ii) a first lieutenant; (iii) a second lieutenant; and (iv) additional lieutenants if the local government considers it necessary. (2) A person appointed to a position pursuant to subclause (1)(c) is to be taken to be a brigade member. (3) The appointments referred to in subclause (1)(c) expire at the completion of the first annual general meeting of the bush fire brigade. (4) In accordance with section 43 of the Act, the local government may remove or appoint officers of a bush fire brigade as deemed necessary or appropriate. (5) Subject to subclause (4)— (a) an election is to be held at the first annual general meeting by the members of the brigade for appointments to the positions referred to in subclause (1)(c) and every subsequent annual general meeting; and

2332 GOVERNMENT GAZETTE, WA 24 March 2022 (b) if a position referred to in subclause (1)(c) becomes vacant prior to the completion of the first annual general meeting or at any time, then the brigade members are to vote for a replacement member to fill the position. (6) The brigade members may elect, set the term of office, describe the duties of, and dismiss, any person to any other position including secretary, treasurer, equipment officer, training officer or other positions, and may combine those positions. (7) The brigade members may establish types of brigade membership including fire fighting members, auxiliary members, cadet members, and honorary life members. 7. Duties of captain and bush fire brigade officers (1) The duties of the captain are to— (a) provide leadership to bush fire brigades; (b) monitor bush fire brigades’ resourcing, equipment and training levels; (c) liaise with the local government concerning— (i) fire prevention or fire suppression matters generally; (ii) directions to be issued by the local government to bush fire control officers, including those who issue permits to burn; and (iii) bush fire brigade officers; (d) ensure that a list of bush fire brigade members is maintained; (e) report annually to the local government the office bearers of the bush fire brigade in accordance with the Regulations; (f) report to the local government at least annually, for consideration and appropriate provision being made in the next local government budget, the status of a bush fire brigade’s— (i) training and readiness; (ii) protective clothing; (iii) equipment; and (iv) vehicles and appliances; (g) nominate persons to the CEO for appointment as bush fire control officers by the local government; (h) arrange for normal brigade activities as authorised by the Act or by the local government; and (i) where a vacancy occurs in a position appointed under clause 6(1)(c), to— (i) advise the CEO of the vacancy as soon as practicable; and (ii) make alternate suitable arrangements for that position until an appointment is made. (2) The duties of lieutenants are to— (a) provide support to the Captain; (b) command and manage members during emergencies and other Brigade related activities; (c) demonstrate positive leadership and mentor members; (d) maintain open lines of communication and encourage positive interaction and teamwork between members; (e) ensure Bush Fire Operating Procedures are adhered to during brigade activities; (f) ensure members engaged in firefighting activities hold competencies relevant to the task; (g) work cohesively with the brigade Training Officer and conduct training activities for members; (h) ensure the behaviour of members is in accordance with the Local Government’s code of conduct; and (i) in the absence of the brigade Captain the most senior Lieutenant present assumes the responsibilities and duties of that office and takes ultimate responsibility for the performance of all Brigade activities. 8. Appointment, employment, payment, dismissal and duties of bush fire control officers The appointment, employment, payment, dismissal and duties of bush fire control officers is dealt with by the Act. 9. Maintenance and equipment with appliances and apparatus of bush fire brigades The local government may provide funds for the maintenance and equipment with appliances and apparatus of bush fire brigades in accordance with Part 6 of the Local Government Act 1995. ———— Dated this 16 February 2022. The Common Seal of the Shire of Williams was affixed by authority of a resolution of Council in the presence of— J. LOGIE, President. G. McKEOWN, Chief Executive Officer.

24 March 2022 GOVERNMENT GAZETTE, WA 2333 LOCAL GOVERNMENT ACT 1995 DOG ACT 1976 SHIRE OF WILLIAMS DOGS LOCAL LAW 2022 CONTENTS PART 1—PRELIMINARY 1.1 Citation 1.2 Commencement 1.3 Application 1.4 Definitions PART 2—IMPOUNDING OF DOGS 2.1 Fees and charges 2.2 Attendance of authorised person at dog management facility 2.3 Release of impounded dog 2.4 Unauthorised release PART 3—KEEPING OF DOGS 3.1 Dogs to be confined 3.2 Limitation on the number of dogs 3.3 Application and determination to keep additional dogs 3.4 Where application cannot be approved 3.5 Conditions of approval 3.6 Variation of permit conditions 3.7 Revocation of licence to keep additional dogs PART 4—APPROVED KENNEL ESTABLISHMENTS 4.1 Application for licence for approved kennel establishment 4.2 Notice of proposed use 4.3 Exemption from notice requirements 4.4 When application can be determined 4.5 Determination of application 4.6 Where application cannot be approved 4.7 Conditions of approval 4.8 Compliance with conditions of approval 4.9 Fees 4.10 Form of licence 4.11 Period of licence 4.12 Variation or cancellation of licence 4.13 Transfer 4.14 Notification 4.15 Inspection of kennel PART 5—DOGS IN PUBLIC PLACES 5.1 Places where dogs are prohibited absolutely 5.2 Places which are dog exercise areas PART 6—MISCELLANEOUS 6.1 Fees and charges 6.2 Offence to excrete 6.3 Objections and appeals PART 7—ENFORCEMENT 7.1 Offences 7.2 General penalty 7.3 Modified penalties 7.4 Issue of infringement notice 7.5 Failure to pay modified penalty

2334 GOVERNMENT GAZETTE, WA 24 March 2022 7.6 Payment of modified penalty 7.7 Withdrawal of infringement notice 7.8 Service of notices Schedule 1—Application for a licence for an approved kennel establishment Schedule 2—Conditions of a licence for an approved kennel establishment Schedule 3—Prescribed offences

24 March 2022 GOVERNMENT GAZETTE, WA 2335 LOCAL GOVERNMENT ACT 1995 DOG ACT 1976 SHIRE OF WILLIAMS DOGS LOCAL LAW 2022 Under the powers conferred by the Dog Act 1976, the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Williams resolved on 16 February 2022 to make the following local law. PART 1—PRELIMINARY 1.1 Citation This local law may be cited as the Shire of Williams Dogs Local Law 2022. 1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 1.3 Application This local law applies throughout the district. 1.4 Definitions In this local law unless the context otherwise requires— Act means the Dog Act 1976; adjoining includes land or premises which have a portion of a common boundary with a lot or is separated from that lot by a public reserve, road, right-of-way, pedestrian access way, access leg of a battle-axe lot or the equivalent not more than 6m in width; authorised person means a person appointed by the local government to perform all or any of the functions conferred on an authorised person under this local law; CEO means the Chief Executive Officer of the local government; dangerous dog has the meaning given to it by section 3(1) of the Act; district means the district of the Shire of Williams; dog management facility has the meaning given to it in section 3(1) of the Act, and includes a kennel establishment; infringement notice means the notice referred to in clause 7.4; kennel establishment means any premises where more than the number of dogs under clause 3.3 over the age of 3 months are kept, boarded, trained or bred temporarily, usually for profit and where the occupier of the premises is not the ordinary keeper of the dogs; licence means a licence to keep an approved kennel establishment on premises granted under clause 4.4; licensee means the holder of a licence granted under clause 4.4; local government means the Shire of Williams; local planning scheme means a planning scheme of the local government made under the Planning and Development Act 2005; notice of withdrawal means the notice referred to in clause 7.7(1); 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’s 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, in relation to a dog, has the same meaning as in section 3(1) and (2) of the Act; person liable for the control of the dog has the same meaning as in section 3(1) of the Act; premises in addition to the meaning given to it in section 3 of the Act, means the premises described in the application for a licence made under clause 4.1; public place has the meaning given to it by section 3(1) of the Act; Regulations means the Dog Regulations 2013; Schedule means a schedule to this local law; set fee means a fee or charge made by the local government in accordance with clause 2.1 or clause 4.9; thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995;

2336 GOVERNMENT GAZETTE, WA 24 March 2022 townsite means the following townsites constituted under section 26(2) of the Land Administration Act 1997— (a) Williams; and (b) Quindanning; and transferee means a person who applies for the transfer of a licence to her or him under clause 4.13. PART 2—IMPOUNDING OF DOGS 2.1 Fees and charges The following are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995— (a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding of a dog; (b) the additional set fee payable under section 29(4) of the Act where a dog is released at a time or on a day other than those determined under clause 2.2; and (c) application for additional costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act. 2.2 Attendance of authorised person at dog management facility An authorised person is to be in attendance at the dog management facility for the release of dogs at the times and on the days of the week as determined by the CEO. 2.3 Release of impounded dog (1) A claim for the release of a dog seized and impounded is to be made to an authorised person or if absent, to the CEO. (2) An authorised person is not to release a dog seized and impounded to any person unless that person has produced, to the satisfaction of an authorised person, evidence— (a) of her or his ownership of the dog or of her or his authority to take delivery of it; or (b) that he or she is the person identified as the owner on a microchip implanted in the dog. 2.4 Unauthorised release Unauthorised release of dogs is dealt with by section 43 of the Act. PART 3—KEEPING OF DOGS 3.1 Dogs to be confined (1) An occupier of premises on which a dog is kept must— (a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of confining the dog; (b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height and construction which having regard to the breed, age, size and physical condition of the dog is capable of preventing the dog at all times from passing over, under or through it; (c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the premises (unless the gate is temporarily opened in a manner that ensures that the dog remains confined) and is fitted with a proper latch or other means of fastening it; (d) maintain the fence and all gates and doors in the fence in good order and condition; and (e) where no part of the premises consists of open space, yard or garden or there is no open space or garden or yard of which the occupier has exclusive use or occupation, ensure that other means exist on the premises (other than the tethering of the dog) for effectively confining the dog within the premises. (2) Where an occupier fails to comply with subclause (1), he or she commits an offence. (3) Notwithstanding subclause (1) and (2), the confinement of dangerous dogs is dealt with in the Act and the Regulations. 3.2 Limitation on the number of dogs (1) This clause does not apply to premises which have been— (a) licensed under Part 4 of this local law as an approved kennel establishment; or (b) granted an exemption under section 26(3) of the Act. (2) The limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(4) of the Act— (a) 2 dogs over the age of 3 months and the young of those dogs under that age if the premises are within a townsite; or (b) 4 dogs over the age of 3 months and the young of those dogs under that age if the premises are outside a townsite.

24 March 2022 GOVERNMENT GAZETTE, WA 2337 3.3 Application and determination to keep additional dogs In determining an application for a licence to keep additional dogs, the local government is to have regard to— (a) the matters referred to in clause 3.4; (b) the effect which approval of the proposed may have on the environment or amenity of the neighbourhood; and (c) whether approval of the application will create a nuisance for the owners and occupiers of adjoining premises. 3.4 Where application cannot be approved The local government will not approve an application to keep an additional dog or dogs where— (a) more than 3 dogs are proposed to be kept on premises within a townsite; (b) more than 6 dogs are proposed to be kept on premises outside a townsite; or (c) where any dog already kept on the premises is a dangerous dog. 3.5 Conditions of approval (1) The local government may approve an application for a licence subject to any conditions as considered appropriate. (2) Approval of an application is not transferable to successive owners or occupiers of the premises. 3.6 Variation of permit conditions The local government may vary the conditions of a permit by giving not less than 14 days notice. 3.7 Revocation of licence to keep additional dogs Where a person does not comply with the conditions of approval to keep an additional dog or dogs under clause 3.5 the local government may revoke the licence to keep an additional dog or dogs. PART 4—APPROVED KENNEL ESTABLISHMENTS 4.1 Application for licence for approved kennel establishment An application for a licence must be made in the form of Schedule 1, and must be lodged with the local government together with— (a) plans and specifications of the kennel establishment, including a site plan; (b) copies of the notices to be given under clause 4.2; (c) written evidence that either the applicant or another person who will have the charge of the dogs, will reside on the premises or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare; (d) a written acknowledgement that the applicant has read and agrees to comply with any code of practice relating to the keeping of dogs nominated by the local government; and (e) the set fee for the application for a licence referred to in clause 4.9(1). 4.2 Notice of proposed use (1) An applicant for a licence must give notice of the proposed use of the premises as an approved kennel establishment after the application for a licence has been lodged— (a) once in a newspaper circulating in the district; and (b) to the owners and occupiers of any premises adjoining the premises. (2) The notices in subclause (1) must specify that— (a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days of the date the notice is given; and (b) the application, plans and specifications may be inspected at the offices of the local government. (3) The local government may refuse to determine the application for a licence until the notice or notices, as the case may be, is given in accordance with its directions where— (a) a notice given under subclause (1) does not clearly identify the premises; or (b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in the opinion of the local government, would fail to serve the purpose of notifying persons of the proposed use of the premises. 4.3 Exemption from notice requirements The requirements of clauses 4.1(b), 4.2 and 4.4(a) do not apply in respect of the application for a licence where under a local planning scheme an application for a licence is made in respect of premises on which an approved kennel establishment is either a— (a) permitted use; or (b) use which the local government may approve subject to compliance with specified notice requirements. 4.4 When application can be determined An application for a licence is not to be determined by the local government until— (a) the applicant has complied with clause 4.2;

2338 GOVERNMENT GAZETTE, WA 24 March 2022 (b) the applicant submits proof that the notices referred to in clause 4.2(1) have been given in accordance with that clause; and (c) the local government has considered any written submissions received within the time specified in clause 4.2(2)(a) on the proposed use of the premises. 4.5 Determination of application In determining an application for a licence, the local government is to have regard to— (a) the matters referred to in clause 4.6; (b) any written submissions received within the time specified in clause 4.2(2)(a) on the proposed use of the premises; (c) any economic or social benefits which may be derived by any person in the district if the application for a licence is approved; (d) the effect which the kennel establishment may have on the environment or amenity of the neighbourhood; (e) whether the approved kennel establishment will create a nuisance for the owners and occupiers of adjoining premises; and (f) whether or not the imposition of and compliance with appropriate conditions of a licence will mitigate any adverse effects of the approved kennel establishment identified in the preceding paragraphs. 4.6 Where application cannot be approved The local government cannot approve an application for a licence where— (a) an approved kennel establishment cannot be permitted by the local government on the premises under a local planning scheme; or (b) an applicant for a licence or another person who will have the charge of the dogs will not reside on the premises, or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare. 4.7 Conditions of approval (1) The local government may approve an application for a licence subject to the conditions contained in Schedule 2 and to such other conditions as the local government considers appropriate. (2) In respect of a particular application for a licence, the local government may vary any of the conditions contained in Schedule 2. 4.8 Compliance with conditions of approval A licensee who does not comply with the conditions of a licence commits an offence. 4.9 Fees (1) On lodging an application for a licence, the applicant is to pay a set fee to the local government. (2) On the issue or renewal of a licence, the licensee is to pay a set fee to the local government. (3) On lodging an application for the transfer of a valid licence, the transferee is to pay a set fee to the local government. (4) The set fees referred to in subclauses (1) to (3) are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. 4.10 Form of licence The licence is to be in the form determined by the local government from time to time and is to be issued to the licensee. 4.11 Period of licence (1) The period of effect of a licence is set out in section 27(5) of the Act. (2) A licence is to be renewed if the set fee referred to in clause 4.9(2) is paid to the local government prior to the expiry of the licence. (3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have effect. 4.12 Variation or cancellation of licence (1) The local government may vary the conditions of a licence. (2) The local government may cancel a licence— (a) on the request of the licensee; (b) following a breach of the Act, the Regulations or this local law; or (c) if the licensee is not a fit and proper person. (3) The date a licence is cancelled is to be, in the case of— (a) paragraph (a) of subclause (2), the date requested by the licensee; or (b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act. (4) If a licence is cancelled the set fee paid for that licence is not refundable for the term of the licence that has not yet expired.

24 March 2022 GOVERNMENT GAZETTE, WA 2339 4.13 Transfer (1) A written application for the transfer of a valid licence from the licensee to another person must be— (a) made by the transferee; (b) made with the written consent of the licensee; and (c) lodged with the local government together with— (i) written evidence that a person will reside at or within reasonably close proximity to the premises the subject of the licence; (ii) the set fee for the application for the transfer of a licence referred to in clause 4.9(3); and (iii) any other relevant information required. (2) The local government is not to determine an application for the transfer of a valid licence until the transferee has complied with subclause (1). (3) The local government may approve, whether or not subject to such conditions as it considers appropriate, or refuse to approve an application for the transfer of a valid licence. (4) Where the local government approves an application for the transfer of a valid licence, then on the date of approval, unless otherwise specified in the notice issued under clause 4.14(b), the transferee becomes the licensee of the licence for the purposes of this local law. 4.14 Notification The local government is to give written notice to— (a) an applicant for a licence of the local government’s decision on her or his application; (b) a transferee of the local government’s decision on her or his application for the transfer of a valid licence; (c) a licensee of any variation made under clause 4.12(1); (d) a licensee when her or his licence is due for renewal and the manner in which it may be renewed; (e) a licensee when her or his licence is renewed; (f) a licensee of the cancellation of a licence under clause 4.12(2)(a); and (g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 4.12(2), which notice is to be given in accordance with section 27(6) of the Act. 4.15 Inspection of kennel With the consent of the occupier, an authorised person may inspect an approved kennel establishment at any time. PART 5—DOGS IN PUBLIC PLACES 5.1 Places where dogs are prohibited absolutely (1) Designation of places where dogs are prohibited absolutely is dealt with in the Act. (2) If a dog enters or is in a place specified in subclause (1), every person liable for the control of the dog at that time commits an offence. (3) Subclause (2) does not apply to a dog who is being used as an assistance animal as defined in the Disability Discrimination Act 1992 (Commonwealth). 5.2 Places which are dog exercise areas Designation of places which are dog exercise areas is dealt with in the Act. PART 6—MISCELLANEOUS 6.1 Fees and charges Set fees and charges are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995. 6.2 Offence to excrete (1) A dog must not excrete on— (a) any thoroughfare or other public place; or (b) any land which is not a public place without the consent of the occupier. (2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the control of the dog at that time commits an offence. (3) The person liable for the control of the dog does not commit an offence against subclause (2) if any excreta is removed immediately by that person. 6.3 Objections and appeals Any person who is aggrieved by the conditions imposed in relation to a permit, the revocation of a permit, or by the refusal of the local government to grant a permit may object to or appeal against the decision under Division 1 of Part 9 of the Local Government Act 1995.

2340 GOVERNMENT GAZETTE, WA 24 March 2022 PART 7—ENFORCEMENT 7.1 Offences A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. 7.2 General penalty (1) A person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding $5,000 and if the offence is of a continuing nature, to an additional penalty not exceeding $100 for each day or part of the day during which the offence has continued. (2) Notwithstanding subclause (1) a person who commits an offence under clause 6.2(2) is liable, on conviction, to a penalty not exceeding $1,000. 7.3 Modified penalties (1) The offences contained in Schedule 3 are offences in relation to which a modified penalty may be imposed. (2) The amount appearing in the fourth column of Schedule 3 directly opposite an offence is the modified penalty payable in respect of that offence if the dog is not a dangerous dog. 7.4 Issue of infringement notice Where an authorised person has reason to believe that a person has committed an offence in respect of which a modified penalty may be imposed, he or she may issue to that person a notice in the form of Form 2 of Schedule 1 of the Local Government (Functions and General) Regulations 1996. 7.5 Failure to pay modified penalty Where a person who has received an infringement notice fails to pay the modified penalty within the time specified in the notice, or within such further time as may in any particular case be allowed by the CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified penalty. 7.6 Payment of modified penalty A person who has received an infringement notice may, within the time specified in that notice or within such further time as may in any particular case be allowed by the CEO, send or deliver to the local government the amount of the penalty, with or without a reply as to the circumstances giving rise to the offence, and the local government may appropriate that amount in satisfaction of the penalty and issue an acknowledgment. 7.7 Withdrawal of infringement notice (1) Whether or not the modified penalty has been paid, an authorised person may withdraw an infringement notice by sending a notice in the form of Form 3 of Schedule 1 of the Local Government (Functions and General) Regulations 1996. (2) A person authorised to issue an infringement notice under clause 7.4 cannot sign or send a notice of withdrawal. 7.8 Service of notices An infringement notice or a notice of withdrawal may be served on a person personally, or by leaving it at or posting it to her or his address as ascertained from her or him, or as recorded by the local government under the Act, or as ascertained from inquiries made by the local government. ———— Schedule 1—Application for a licence for an approved kennel establishment [cl. 4.1] Shire of Williams An application for a licence for an approved kennel establishment shall contain the following information— (a) full name of applicant; (b) postal address; (c) email address; (d) landline and mobile telephone numbers as appropriate; (e) facsimile number if appropriate; (f) address of proposed kennel premises; (g) number of dogs; (h) breed of dogs if appropriate; (i) either— (i) name and contact details of the person residing on the premises, and date from which taking up residence on the premises; or (ii) name, address and contact details of the person sufficiently close to the premises so as to control the dogs and ensure their health and welfare, and date from which taking up responsibility for the premises;

24 March 2022 GOVERNMENT GAZETTE, WA 2341 (j) a site plan of the premises showing the location of the kennels and yards and all other buildings and structures and fences; (k) plans and specifications of the proposed kennel establishment; (l) copy of notice of proposed use to appear in newspaper; (m) copy of notice of proposed use to be given to adjoining premises; (n) written evidence that a person will reside— (i) at the premises; or (ii) sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare; and (o) if the person in item (n) is not the applicant, written evidence that the person is a person in charge of the dogs; and (p) signed by the applicant. ———— Schedule 2—Conditions of a licence for an approved kennel establishment [cl. 4.7] Shire of Williams An application for a licence for an approved kennel establishment may be approved subject to the following conditions— (a) each kennel, unless it is fully enclosed, must have a yard attached to it; (b) each kennel and each yard must be at a distance of not less than— (i) 25m from the front boundary of the premises and 5m from any other boundary of the premises; (ii) 10m from any dwelling; and (iii) 25m from any church, school room, hall, factory, dairy or premises where food is manufactured, prepared, packed or stored for human consumption; (c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or netting or other materials approved by the local government; (d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the breed of dog (when it is fully grown), squared, times the number of dogs to be housed in the kennel and the length of the dog is to be determined by measuring from the base of the tail to the front of its shoulder; (e) the floor area of the yard attached to any kennel or group of kennels must be at least twice the floor area of the kennel or group of kennels to which it is attached; (f) the upper surface of the kennel floor must be— (i) at least 100mm above the surface of the surrounding ground; (ii) smooth so as to facilitate cleaning; (iii) rigid; (iv) durable; (v) slip resistant; (vi) resistant to corrosion; (vii) non-toxic; (viii) impervious; (ix) free from cracks, crevices and other defects; and (x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in turn must lead to a suitably sized diameter sewerage pipe which must be properly laid, ventilated and trapped in accordance with the health requirements of the local government; (g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to approved apparatus for the treatment of sewage in accordance with the health requirements of the local government; (h) the kennel floor must have a durable upstand rising 75mm above the floor level from the junction of the floor and external and internal walls, or internal walls must be so constructed as to have a minimum clearance of 50mm from the underside of the bottom plate to the floor; (i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of any kennel; (j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of— (i) 2m; or (ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured from the floor to the uppermost tip of its shoulders while in a stationary upright position;

2342 GOVERNMENT GAZETTE, WA 24 March 2022 (k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted internally and externally with good quality new zincalume or new pre-finished colour coated steel sheeting or new fibrous cement sheeting or other durable material approved by the local government; (l) all external surfaces of each kennel must be kept in good condition; (m) the roof of each kennel must be constructed of impervious material; (n) all kennels and yards and drinking vessels must be maintained in a clean condition and must be cleaned and disinfected when so ordered by an authorised person; (o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for the treatment of sewage; (p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled; (q) suitable water must be available at the kennel via a properly supported standpipe and tap; and (r) the licensee or the person nominated in the application for a licence, must, in accordance with the application for the licence, continue to reside— (i) at the premises; or (ii) in the opinion of the local government, sufficiently close to the premises so as to control the dogs, and to ensure their health and welfare. ———— Schedule 3—Prescribed offences [cl.7.3] Item Clause Nature of offence Modified penalty $ 1 3.1 Failing to provide means for effectively confining a dog 200 2 3.5 Failure to comply with conditions of approval to keep additional dog or dogs 200 3 6.2 Dog excreting in prohibited place 100 ———— Dated 16 February 2022. The Common Seal of the Shire of Williams was affixed by authority of a resolution of Council in the presence of— J. LOGIE, President. G. McKEOWN, Chief Executive Officer

24 March 2022 GOVERNMENT GAZETTE, WA 2343 LOCAL GOVERNMENT ACT 1995 BIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007 BUSH FIRES ACT 1954 SHIRE OF WILLIAMS REPEAL LOCAL LAW 2022 Under the powers conferred by the Local Government Act 1995, the Biosecurity and Agriculture Management Act 2007 and the Bush Fires Act 1954 and under all other powers enabling it, the Council of the Shire of Williams resolved on 16 February 2022 to make the following local law.

1. Citation This local law may be cited as the Shire of Williams Repeal Local Law 2022.
2. Commencement This local law will come into operation 14 days after publication in the Government Gazette.
3. Repeal The following local laws are repealed— (a) Williams Road Board Building Line By-law No.1, published in the Government Gazette on 15 May 1959; (b) Shire of Williams By-laws Relating to Pest Plants, published in the Government Gazette on 17 February 1989; and (c) Shire of Williams Firebreaks Local Law 2007, published in the Government Gazette on 6 July

———— Dated 16 February 2022 The Common Seal of the Shire of Williams was affixed by authority of a resolution of Council in the presence of— J. LOGIE, President. G. McKEOWN, Chief Executive Officer. ———————————