Part 3ENFORCEMENT

PART 3—ENFORCEMENT 3.1 Infringement notices (1) An offence against clause 2.6(2) is a prescribed offence for the purposes of section 62(1) of the Act and the modified penalty for the offence is a fine of $200. (2) The form of an infringement notice is Form 6 in the Cat Regulations 2012, Schedule 1. (3) The form of withdrawal of the infringement notice is Form 7 in the Cat Regulations 2012, Schedule 1. Dated 17 February 2023.

13 March 2023 GOVERNMENT GAZETTE, WA 491 DOG ACT 1976 Under the powers conferred by the Local Government Act 1995, the Dog Act 1976 and under all other powers enabling it, the Council of the Shire of Wyalkatchem resolved on 15 December 2022 to make the 1.1 Citation This local law may be cited as the Shire of Wyalkatchem Dogs Local Law 2022. 1.2 Repeal The Shire of Wyalkatchem Dogs By-Law 1986 published in the Government Gazette on 21 March 1986 and amended in the Government Gazette on 22 July 1988 is repealed. 1.3 Definitions In this local law unless the context otherwise requires— Act means the Dog Act 1976; authorised person means a person authorised by the local government to perform all or any of the functions conferred on an authorised person under this local law; local planning scheme means a local planning scheme made by the local government under the Planning and Development Act 2005; Regulations means the Dog Regulations 2013; Schedule means a schedule in this local law; and thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995. 1.4 Application 1.5 Commencement PART 2—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS 2.1 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 subclauses (1) and (2), the confinement of dangerous dogs is dealt with in the Act and Regulations. 2.2 Limitation on the number of dogs (1) This clause does not apply to premises which have been— (a) licensed under Part 3 as an approved kennel establishment; (b) granted an exemption under section 26(3) of the Act; or