GOVERNMENT GAZETTE, WA 73511 February 1998]
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM
PERTH, WEDNESDAY, 11 FEBRUARY 1998 No. 28
735WESTERN
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TOWN OF KWINANA
HEALTH (KEEPING OF HORSES AND
EQUINE PREMISES) LOCAL LAWS 1997
HEALTH AMENDMENT LOCAL LAWS 1997
HEALTH ACT 1911
GOVERNMENT GAZETTE, WA [11 February 1998736
GOVERNMENT GAZETTE, WA 73711 February 1998]
HEALTH ACT 1911
TOWN OF KWINANA
HEALTH (KEEPING OF HORSES AND EQUINE PREMISES)
LOCAL LAWS 1997
Made by the Council of the Town of Kwinana under the Health Act 1911.
CITATION
These Local Laws may be cited as the Town of Kwinana Health (Keeping of Horses and Equine Premises)
Local Laws 1997.
INTERPRETATION
In these Local Laws, unless the context otherwise requires—
“approved” means approved by the Manager Health Services unless otherwise stated.
“associated building or facilities” includes a feed room, gear room, shoeing area, hosing down
area, lunging yard, rolling yard, Veterinary treatment area, and a vehicle and float storage area
used in the keeping, caring or management of horses.
“Council” means the Council of the Town of Kwinana.
“drinking water” has the same meaning as in the Australian Drinking Water Guidelines 1996, as
published by the National Health & Medical Research Council.
“dwelling house” means a building used solely for human habitation and also means any part of
a building which is designed for use as a self contained unit for living purposes and is solely for
human habitation.
“enclosed area” means the fenced area of land where horses are permitted access for any purpose.
“Environmental Health Officer” means an environmental health officer appointed by the
Council under the Health Act and includes any acting or assistant environmental health officer.
“equine premises” means any lot or part of a lot of land including buildings and facilities used for
the keeping of a horse or horses for any purposes whatsoever.
“footings” means the construction by which the weight of the building is transferred to the founda-
tions.
“free range” means keeping a horse or any number of horses approved to be kept on a fenced lot,
holding or paddock without impediment or restraint allowing horses to graze available pasture
and move or range at will.
“habitable room” means a room which is designed, constructed, or adapted for the activities
normally associated with domestic living and for the purpose—
(a) includes a bedroom, living room, lounge room, music room, television room, kitchen, dining
room, sewing room, study, play room, family room, sun room and the like, but;
(b) excludes bathrooms, laundries, water closets, spaces such as food storage pantries, walk-in
robes, corridors, hallways, lobbies, photographic art rooms, clothes drying rooms and other
spaces, of a specialised nature occupied neither frequently nor for extended periods and in
any other room not having a major opening.
It shall also include workplaces.
“horse” means a Stallion, Filly, Mare, Gelding, Pony, Colt or Foal and includes any Ass, Mule and
any beast of whatever description used for burden or draft or for carrying persons.
“kept intensively” means the keeping or rearing of horses in excess of those stocking rates
recommended by the Department of Agriculture and the requirements of Subsection 3(3).
“Manager Health Services” means an Environmental Health Officer appointed by the Council to
the Office of Manager Health Services and includes an Acting Manager Health Services.
“natural shelter” means a mature tree or a belt of trees.
“persons” and the words applying to any person, means any individual and includes a Corporation.
“rolling yard” or “lunging yard” means a roofed or unroofed area where horses are contained or
exercised and may roll after being washed down.
“schedule” means a Schedule to this Local Law.
“scheme” means the operative Town of Kwinana Town Planning Scheme.
“shelter” in relation to stabling of horses means a single walled, roofed building provided on an
equine premises for protection of horses from inclement weather.
“special rural zone and rural zone” have the meaning as described by the Scheme.
Section 1 - The Town of Kwinana Health (Keeping of Horses and Equine Premises) Local Laws 1997 - The Town of Kwinana Health (Keeping of Horses and Equine Premises) Local Laws 1997 | Zoe
GOVERNMENT GAZETTE, WA [11 February 1998738
“stable” means any building used for the keeping, breeding, caring, feeding and rearing of horses.
“stable shelter” in relation to stabling of horses means a 3 or 4 walled and fully roofed structure
with or without a concrete floor provided for the substantial protection of horses from inclement
weather. Such shelter may be provided and approved in lieu of a stable.
“stable yard” means any enclosed area abutting a stable shelter.
“stall” means a single compartment for one animal in a stable and shall include a loose box.
“suitably fenced” means having a fence of suitable fencing materials and gates surrounding a
paddock, which is capable of restraining horses within the enclosed area at all times.
“vectors of disease” means an arthropod or rodent that transmits, by biological or mechanical
means, an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs,
crab lice, body lice and head lice.
“waste” includes matter—
(a) whether liquid, solid, gaseous or radioactive and whether useful or useless, which is dis-
charged into the environment; or
(b) prescribed to be waste.
APPLICATION OF LOCAL LAWS
3. The provisions of these Local Laws do not apply at the exclusion of, but in conjunction with, any other
Acts, Regulations, Local Laws, Orders, Codes, or Rules being in force within the Town of Kwinana.
As from and after the date of these Local Laws coming into operation—
(1) no person shall keep or stable a horse—
(i) unless the area is zoned for Rural, Recreation or Special Rural and stables and Equine uses
are permitted by the Scheme; and
(ii) except on an Equine Premises registered in accordance with the requirements of Section 3
of these Local Laws.
(2) No person shall keep horses without approved natural shelter, or keep a greater number of
horses than that number equal to the number of stalls provided within the stable or single
stable shelter for which the lot, landholding or property is registered, or the number of horses
permitted to be stabled or kept on the property, landholding or lot with approved natural shel-
ter, except in the instances where the horse is a foal at foot under the age of 12 months. The
number of horses permitted will be limited as follows—
(i) Landholdings less than 1500m 2
—horses prohibited;
(ii) Landholdings between 1500-2500m 2— up to 4 horses may be kept intensively in an enclosed
area with stables or stable shelters if the property is serviced with scheme water supplied
from a Licensed Water Service Operator.
(iii) Landholdings equal to 2500m2 but not exceeding 4000m 2
—up to a maximum of 8 horses
may be kept intensively in an enclosed area with stables or stable shelters.
(iv) Landholdings equal to 4000m 2 but not exceeding 5 hectares—the number of horses to be at
the discretion of Council, taking into consideration the land holding capability, conserva-
tion, groundwater level, proximity to water courses and sources of drinking water intended
for human consumption and may be up to but shall not be more than 5 horses at free range
in an enclosed area with or without stables, or stable shelters.
(v) Landholdings exceeding 5 hectares, the maximum number of horses shall not exceed 1
horse per hectare at free range in an enclosed area.
(3) numbers of horses in excess of the requirements of Section 3(2) shall be deemed to be kept
intensively and may be approved by Council or the Manager Health Services where there is
compliance with a Management Plan submitted by the applicant and approved by the Manager
Health Services taking into consideration the landholding capability, conservation areas,
groundwater level, proximity to water courses and sources of drinking water intended for hu-
man consumption, other setback distances or Building Envelopes prescribed in the Scheme
and the requirements of these Local Laws.
(4) notwithstanding the provisions of Sections 3(2) and 3(3)—
(i) Council may declare certain areas as areas where horses are prohibited and Equine Premises
cannot be located and registered;
EXISTING REGISTERED AND/OR APPROVED EQUINE PREMISES
(5) nothing contained in Section 3(12), shall adversely affect the right of a person to continue to use
an Equine Premises which was previously approved and/or registered by the Council, which
contravenes these Local Laws provided that—
(i) any existing stable or stable shelter to which these Local Laws apply shall be and be deemed
to be registered by Council as an equine premises pursuant to and in accordance with these
Local Laws from and inclusive of the date upon which these Local Laws were gazetted;
(ii) any equine premises to which these Local Laws apply which fails to comply with the provi-
sions of Section 5 herein, shall be brought into compliance with the provisions of Section 5
within twelve (12) months of the date upon which these Local Laws were gazetted.
(iii) Any equine premises and the like to which this Section applies shall in any event be re-
quired to comply with the provisions of Section 12 herein and Orders made pursuant thereto.
GOVERNMENT GAZETTE, WA 73911 February 1998]
POWER TO GRANT OR REFUSE AN APPLICATION
(6) notwithstanding the provisions of Section 3(1) to 3(5) inclusive, where the Council or Manager
Health Services is of the opinion after receiving a report that—
(a) the keeping of a horse or horses on the premises may cause a nuisance, is injurious or
dangerous to health, Council or the Manager Health Services may—
(i) refuse to grant registration;
(ii) refuse to grant renewal of registration;
(iii) refuse to grant variation of registration; or
(iv) refuse to transfer registration.
(b) the keeping of a horse or horses on the premises is not likely to cause a nuisance, or be
injurious or dangerous to health, Council or the Manager Health Services may—
(i) grant, renew, vary or transfer the registration limiting the number of horses to be kept;
(ii) grant, renew, vary or transfer the registration subject to compliance with conditions
relating to the requirements of these Local Laws that may be imposed from time to
time.
APPLICATION FOR REGISTRATION OF EQUINE PREMISES
(7) every person required by these Local Laws to register any premises as an equine premises,
shall make written application for registration of equine premises substantially in the pre-
scribed form in Schedule 1 and lodge the application with Council, together with the prescribed
fee under Section 4 of these Local Laws.
With every application for initial registration, there shall be lodged in respect of the premises
for which the registration is applied, such plans, specifications, drawings, Environmental Health
Management Plan, such particulars and information as the Manager Health Services may
require and include the following details—
(a) Property location relevant to adjoining lots and adjacent road reserves;
(b) Property plan showing all existing developments and contour details;
(c) Water supply details including existing or proposed bores and storage tanks for human or
animals;
(d) Stable, stable shelter and/or natural shelter details including all measurements and con-
struction and tree species.
(e) On-site sewage treatment systems, effluent disposal areas and other probable sources of
pollution including all drains;
(f) Depth to groundwater (highest known level) and drinking water source location, type of
water supply system and storage capacity;
(g) The type of accommodation and number of employees (if applicable).
(h) Wetlands and water courses.
If, after being satisfied that the premises comply or can be amended to comply with these Local
Laws, the Manager Health Services shall approve such application to register an equine premises
with or without conditions relating to the requirements of these Local Laws.
Registration of equine premises shall only be granted in the name of the owner of the property,
or an occupier holding a contractual lease over the property from the owner of the land where
the horse is kept.
CERTIFICATE OF REGISTRATION
(8) (a) A Certificate of Registration of an equine premises shall be substantially in the form of
Schedule 4.
(b) A Certificate of Registration (including any conditions) shall be deemed to be renewed upon
payment of the renewal of registration fee in accordance with Section 4 of these Local Laws
on or before 1 July each year. Registration can be validated by the production of a cash
register receipt of the Town of Kwinana for the current year, showing the details of the
equine premises and the maximum number of horses permitted to be kept at any one time.
(c) When requested by an Environmental Health Officer to do so, the owner or occupier shall
produce to the Environmental Health Officer the Certificate of Registration and the
current year’s cash register receipt.
VARIATIONS TO REGISTERED EQUINE PREMISES
(9) (a) Where the owner of occupier of registered equine premises intends to—
(i) alter or amend the buildings, facilities or land designed and/or used for the keeping of
a horse or horses and equine activities; or
(ii) keep a number of horses in excess of the number of horses permitted on the current
Certificate of Registration;
The owner or occupier shall make application for variation of registration substantially in
the form of Schedule 2 to these Local Laws and lodge the application with Council with the
prescribed fee under Section 4 of these Local Laws.
(b) With every application for variation of Registration, there shall be lodged in respect of the
premises for which the registration is applied, such plans, specifications, drawings,
Environmental Health Management Plan, such particulars and information as the
Manager Health Services may require in accordance with these Local Laws.
GOVERNMENT GAZETTE, WA [11 February 1998740
(c) If, after being satisfied that the premises comply or can be amended to comply with these
Local Laws, the Manager Health Services shall approve such application to vary the regis-
tration with or without conditions relating to the requirement of these Local Laws.
(10) The Registration shall be deemed to be invalid where the buildings, the facilities or the number
of horses have been altered or increased without approval.
SALE OF PREMISES AND TRANSFER OF REGISTRATION
(11) (a) Any person in whose name an equine premises is registered who wishes to sell that premises
and/or to have the same transferred to the proposed owner/or occupier, then the holder of
the registration shall make application substantially in the form of Schedule 3 to these
Local Laws and such application shall be lodged with the Council together with the pre-
scribed fee under Section 4 of these Local Laws within seven (7) days of the date of sale or
lease of the property.
(b) Upon receipt of the application to transfer the registration, the premises may be inspected
by an Environmental Health Officer and reported upon in respect of such matters as re-
quired by these Local Laws.
(c) If, after being satisfied that the premises comply or can be amended to comply with these
Local Laws, the Manager Health Services shall approve such application to transfer with
or without conditions relating to the requirements of these Local Laws and the Equine
Premises shall be registered in the name of the proposed owner or occupier.
ANNUAL RENEWAL OF REGISTRATION
(12) (a) Upon receipt of an application to renew the registration, the premises may be inspected by
an environmental Health Officer and reported upon in respect to such matters as are re-
quired by these Local Laws.
(b) If, upon such application for renewal of registration and a report being submitted by the
Environmental Health Officer, it shall appear to the Manager Health Services that such
application for renewal of registration is able to be granted, then provided the prescribed
registration fee under Section 4 has been paid, the Manager Health Services after being
satisfied the premises comply or can be made to comply with these Local Laws, shall renew
the registration of such premises with or without conditions relating to the requirements of
these Local Laws, as an equine premises.
(c) Subject to sub-section 12(iii), a Certificate of Registration (including any conditions) shall
be deemed to be renewed upon payment of the renewal of registration fee in accordance
with Section 4 of these Local Laws on or before 1 July each year. Registration can be vali-
dated by the production of a cash register receipt of the Town of Kwinana for the current
year, showing the details of the equine premises and the maximum number of horses per-
mitted to be kept at any one time—
(i) Registration of an equine premises shall be applied for annually on or before 1 July
each year and, subject to the Act and to the provisions of these Local Laws, have effect
for one (1) year from that date.
(ii) If the equine premises has not been altered and the maximum number of horses has
not been increased since the previous registration of an equine premises, it is sufficient
compliance with sub-section 12(c)(i) if the fee prescribed under Section 4 of these Local
Laws is paid to the Town of Kwinana on or before 1 July each year accompanied by
written notification of the address of the equine premises, the maximum number of
horses kept on the premises, and the name of the owner and/or occupier, as the case
may be.
(iii) Where sub-section 12(c)(ii) applies, the production of the previous Certificate of Regis-
tration of an equine premises, together with a receipt issued by the Town of Kwinana
for the current year’s fee prescribed under Section 4 of these Local Laws is sufficient to
validate compliance.
(d) With every application, renewal, variation and transfer of the registration, there shall be
paid to the Town of Kwinana by the person whom such application is made, a prescribed fee
in accordance with Section 4 of these Local Laws.
PRESCRIBED FEES
4. Where fees are required to be paid for registration, renewal, variation or transfer of a registration, the
fee shall be imposed by Council when adopting the budget and at such other times in accordance with
Section 344C of the “Health Act 1911.”
REQUIREMENTS FOR THE CONSTRUCTION OF STABLES AND STABLE SHELTERS
5. Every stable or stable shelter in respect to which an application is made and for which an application
is approved, must fulfil all the following requirements prior to such registration, renewal, variation of
transfer of registration being granted by the council or Manager Health Services—
(1) (a) the construction of the stables or stable shelter and its situation with respect to adjacent
buildings shall comply with the Building Code of Australia and the Town of Kwinana Town
Planning Scheme but the Council or Manager Health Services may, if it is fitting, waive
strict compliance with this requirement with respect to any stable or stable shelter in
existence prior to the date of these Local Laws coming into force, except for Section 5(2)(a)
to 5(2)(e) inclusive.
GOVERNMENT GAZETTE, WA 74111 February 1998]
(b) Every stable or stable shelter shall have a floor area of not less than 11 square metres. The
upper surface of the floor shall be raised at least 75 mm above the surface of the surround-
ing ground and shall be constructed of approved impervious material. The floor shall have
a fall of 1:100 to an approved drainage system and shall be impervious, except in accord-
ance with sub-sections 5(2)(a) to 5(2)(e) inclusive.
(c) Every stable or stable shelter shall have walls to a number and thickness as approved and
such walls shall be constructed of new concrete, brick, stone, wood, galvanised iron or other
approved (including second hand) material and shall be not less than 2.75 metres when
measured both horizontally and vertically, except in accordance with sub-sections 5(2)(a) to
5(2)(e) inclusive.
(d) Every stable or stable shelter shall have doors or openings not less than 1.2 metres wide
and 2.4 metres high.
(e) Every stable or stable shelter shall have a roof constructed of an approved impervious
material.
(f) Every stable or stable shelter shall be provided with adequate ventilation sufficient to
prevent the accumulation of ammonia, stale air and moisture.
(g) Every stable or stable shelter shall be located at a distance—
(i) not less than 24 metres from the property alignment of a street;
(ii) not less than 9 metres from any street in the case of a corner site;
(iii) not less than 900 mm from the boundary of a site other than a street boundary, unless
the external wall adjoining the boundary is carried up and has a parapet, at least 375
mm in height above the roof or gutter of the building;
(iv) not less than 18 metres from any Food Premises, or building used as a dwelling house,
whether on the same site, or on any adjoining allotment, or not less than 10 metres
from any accommodation for trainers or employees;
(v) not less than 30 metres from any bore, well, stream or underground source of water
where the water is intended for human consumption and provided that the bore or well
is 300 mm above ground level and is capped and sealed with a concrete apron of 1.2m
in diameter.
(2) The construction of any stable or stable shelter with a sand floor may be permitted by the
Council or Manager Health Services subject to—
(a) The site must be well drained with the highest known water table no closer than 2 metres
vertical to ground level or sand floor level and no closer than 100 metres horizontal to any
drain or water course. This may be achieved by filling and/or by drainage.
(b) The sand used for the floor, no matter where obtained, must be clean, coarse and free from
dust and clay.
(c) Footings to each stable shall be a minimum of 450 mm below ground level.
(d) The minimum access is 1.2 metres wide and 2.4m high.
(e) The minimum floor area of each stall shall not be less than 11 square metres. Walls shall
not be less than 2.75 metres vertically or 3 metres horizontally and shall be covered with
new or approved materials.
(f) In all other respects, sub-section 5(1) shall apply to a stable or stable shelter.
REQUIREMENTS FOR THE CONSTRUCTION OF EQUINE PREMISES
6. (i) Every building, structure or fence shall be constructed of new materials or materials approved by
Council or the Manager Health Services.
(ii) Every enclosed area shall have a fence or railing at a distance of not less than 1.2m from the
boundary of any land not in the same occupation and/or possession and not less than 18 metres from any
Food Premises, dwelling house or not less than 10 metres from any accommodation for trainers or em-
ployees.
(iii) An application for exemption from Section 6(ii) shall be made in writing to the Manager Health
Services and may be approved by Council or the Manager Health Services, where adjoining owners or
occupiers of premises are not likely to be affected.
(iv) Where an enclosed area abuts a boundary fence, built of unbroken brick work or other approved
material with a minimum height of 1.8m, the enclosed area is not required to have a rail 1.2m off the
boundary.
(v) Every stable yard shall have a minimum width of 4 metres and a minimum free stable yard area of
21 square metres in addition to the area of the stable or stable shelter.
(vi) Every equine premises shall have a minimum enclosed area of 60 square metres per horse, exclud-
ing all other uses or buildings other than a stable or stable shelter.
(vii) The owner or occupier of an equine premises may be exempted in writing from all or part of this
Section where Council or the Manager Health Services is satisfied no nuisance is likely to occur after
consultation with all contiguous owners and occupiers.
GOVERNMENT GAZETTE, WA [11 February 1998742
SHELTER, INCLUDING NATURAL SHELTER
7. A shelter in addition to a stable shelter may be erected in an enclosed area, subject to the structure
being approved by the Council or Manager Health Services.
(1) A shelter shall have an area of not less than 9 square metres and the roof shall have a minimum
clear height of not less than 2.75 metres and shall be constructed with new or approved materials with
or without impervious walls, providing the impervious roof is self supportive and the overall structure is
structurally sound.
(2) Except that where the shelter is to be provided by “Natural shelter” available for the protection of
horses from inclement weather, it shall be approved by Council or the Manager Health Services with or
without conditions relating to the requirements of these Local Laws.
(3) Where an owner or occupier wishes to provide a “Natural shelter” in lieu of a shelter, the owner or
occupier shall submit a landscape plan with their written application for registration or variation of
registration for approval of Council or Manager Health Services.
(4) Where natural shelter is approved, the owner / occupier shall maintain the shelter.
STAFF ACCOMMODATION
8. Trainers and/or employees engaged in the care of horses may be accommodate and be provided with
an office within 10 metres of any equine premises or associated building or facilities, if—
(1) such building or buildings comply with the Building Code of Australia and meet the minimum
requirements of a room used for human habitation; and
(2) such building or buildings are equipped with proper bathroom and sanitary facilities connected
to an approved waste treatment system and drinking water supply obtained from a Licensed
water service operator or any other source approved by the Manager Health Services and such
supply shall be reticulated for use in connection with all sewerage and drainage fixtures.
WASTE AND MANURE MANAGEMENT, CONTROL OF NUISANCES AND VECTORS OF
DISEASE
9. (1) Waste and manure shall not be permitted to accumulate on any premises unless it is stored or
treated so as not to create a nuisance.
(2) The owner and/or occupier of any equine premises shall cause—
(a) to be provided outside each stable, stable shelter or stable yard, a mobile or free standing
manure bin or waste receptacle which is constructed to prevent the entry of vectors of disease.
The manure bin or waste receptacle shall be of a size, number and construction and be situated
at not less than 18 metres from any dwelling house, or 10 metres from a habitable room on the
same lot where provided, pursuant to Section 8 or where required by an Environmental Health
Officer.
(b) All manure and waste including soiled bedding shall be removed daily from stables, shelters,
stable yards and enclosed areas and stored in a manure bin or waste receptacle or disposed of in
an approved manner.
(c) The contents of such manure bin or receptacle shall be removed from the premises at no greater
interval than 7 days or as often as directed by an Environmental Health Officer.
(d) Where the receptacle for manure or waste is constructed of brick, it shall be faced with concrete
or with other approved impervious material and shall be provided with a tight fitting impervi-
ous cover making the receptacle inaccessible to vectors of disease.
(3) Notwithstanding sub-section 9(2), alternative methods of waste and manure collection, storage
and disposal which effectively control nuisances and vectors of disease may be approved by Council or
the Manager Health Services.
(4) Manure may only be harrowed into land which is at least 30 metres from any bore, well or stream,
100 metres from any wetland, and/or 2 metres from the highest known groundwater level.
CONTROL OF VECTORS OF DISEASE
10. (1) The owner and/or occupier of any equine premises shall ensure that conditions favourable to the
breeding and/or existence of vectors of disease and are not permitted to exist.
(2) Every equine premises shall have approved impervious receptacles for the storing of horse feed so
that it is inaccessible to rodents and any other vectors of disease.
(3) Any other associated building or facility shall not be closer than 10 metres to any dwelling house
and any building shall be constructed of brick, concrete, stone, or good quality iron, with a concrete floor
so as to prevent the harborage of vectors of disease.
PADDOCK AND LANDHOLDING AREAS
11. An enclosed area consisting of a paddock or landholding used for the keeping of horses without a
stable or stable shelter shall only be approved by Council or the Manager Health Services in an area
zoned Rural under the Scheme and where such Rural use is the permitted use; and
(a) the paddock or holding shall be provided with natural shelter and be suitably fenced. The fence
shall be kept in good order and repair at all times, to prevent any nuisance arising;
(b) the paddock or holding shall not be less than 18m from any house, school, Place of Worship or
Food Premises.
GOVERNMENT GAZETTE, WA 74311 February 1998]
HYGIENE AND WELFARE STANDARDS FOR THE KEEPING OF HORSES
12. The owner and/or occupier of any equine premises shall—
(a) not keep, or permit or suffer to remain, on the premises or land, any matter whatsoever which
is unwholesome or from which an offensive smell arises, or any matter or thing in such a
condition or used or kept in such a manner, as to be dangerous, injurious or prejudicial to
health;
(b) spray or cause to be sprayed with a National Registration Authority registered residual pesti-
cide, any surface of any building, shelter, stable, stable shelter, enclosed area or associated
buildings or facilities if required in writing by the Environmental Health Officer to do so;
(c) employ all means and adopt such precautions as may be necessary to keep the stable, stable
shelter, associated buildings and facilities, yards, enclosed areas or equine premises including
all fences, in a clean and sanitary condition, in good order and repair, as far as possible, free
from flies, rodents, vectors of disease, dust, offensive odours or any accumulation of decompos-
ing organic fluid, solid matter or stagnant water and prevent any drinking water supply from
being polluted.
13. Medical and Veterinary biological wastes, syringes and needles and like matter shall be stored in a
leakproof container with a securely fitting lid and disposed of at an approved sanitary waste disposal
site, or as directed by the Manager Health Services.
14. Where any horse dies, the carcass shall be disposed of at an approved sanitary waste disposal site, or
as directed by the Manager Health Services.
BEACHES AND PUBLIC PLACES
15. Where a person exercises a horse on any beach, public place or reserve, the person in control of the
horse at the time shall be responsible for removing any faecal matter deposited by animals under their
care and control prior to leaving the beach, public place or reserve.
16. A person shall only dispose of horse manure from a horse float or other vehicle used for transporting
horses from or to an equine premises, beach, public place or reserve, at an approved sanitary waste
disposal site or at such other premises and in such manner as directed by Council or the Manager
Health Services where it will not cause a nuisance or health risk to the community.
VARIATION, RELAXATION OR EXEMPTION
17. Where small or miniature breeds of horses are proposed to be kept, the owner and/or occupier may
apply in writing to the Manager Health Services to vary or relax any requirements of these Local Laws,
except Sections 3, 4, 5(1)(g), 9, 10, 12, 13 and 14.
18. Any exemption may be cancelled or varied in writing by Council where Council is satisfied that this
Section should be applicable.
NOTICES AND DIRECTIONS
19. (1) Where Council or an Environmental Health Officer is satisfied there is a breach of these Local
Laws, a written Notice or verbal direction may be issued to the owner and/or occupier of land or
vehicles or person in control of a horse specifying the time and the manner in which the breach is to
be rectified;
(2) Where a Notice or direction is issued, the owner, occupier or person shall comply with the direction
or Notice within the time and manner specified;
(3) Where the owner, occupier or persons fails to comply within the time and manner specified in the
Notice or direction, Council or the Manager Health Services may carry out the requirements and recover
the costs from the owner, occupier or person in any Court of competent jurisdiction; and
(4) The Council or the Manager Health Services shall not be liable to pay compensation of any kind
to the person referred to in subsection (1) in relation to any action taken by the Council under this
section.
OFFENCES AND PENALTIES
20. Any person who makes a false statement in connection with any application under these Local Laws
shall be guilty of an offence.
21. A person who commits a breach of or fails to comply with any of the requirements of these Local Laws
or fails to comply with any lawful direction commits an offence and shall be liable to—
(a) a penalty which is not more than $1,000 and not less than—
(i) in the case of a first such offence $100
(ii) in the case of a second such offence $200
(iii) in the case of a third or subsequent offence $500
and
(b) if the offence is a continuing offence, a daily penalty which is not more than $100 and not less
than $50.
GOVERNMENT GAZETTE, WA [11 February 1998744
TOWN OF KWINANA
KEEPING OF HORSES AND EQUINE PREMISES LOCAL LAWS
Schedule 1
APPLICATION FOR REGISTRATION OF EQUINE PREMISES
I (Full Name) .................................................................................................................................................
of (Address) ....................................................................................................................................................
................................................................................................................... Post Code ...................................
Apply for Registration of the equine premises
situated at ......................................................................................................................................................
to be registered as an equine premises with—
A Stable with ............ stalls
A Stable Shelter/s for ............ horse/s
Maximum number of horses on the premises ............
Total Lot Area ............ sq.m
Enclosed area allocated for keeping of horses ............ sq.m
Owner or Occupier: (Delete one)
Owner’s Name and Address, if Occupier: .....................................................................................................
................................................................................................................... Post Code ...................................
OWNER TO READ AND SIGN THIS DECLARATION:
I the owner of the proposed Equine Premises have granted the above applicant a Contractual Lease over
the property. I consent to this application and I understand my legal obligations to comply with the
Town of Kwinana Health (Keeping of Horses and Equine Premises) Local Laws 1997.
Owner’s Signature ................................................................................ Phone .............................................
Date: .............................................
This application is submitted with a site plan and all details required in Sections 3 & 5 of these Local
Laws.
Applicant’s signature: ........................................................................... Phone .............................................
Date: .............................................
TOWN OF KWINANA
KEEPING OF HORSES AND EQUINE PREMISES LOCAL LAWS
Schedule 2
APPLICATION FOR VARIATION OF REGISTRATION
OF EQUINE PREMISES
I (Full Name) .................................................................................................................................................
of (Address) ....................................................................................................................................................
................................................................................................................... Post Code ...................................
Apply for variation of Registration of the equine premises
situated at ......................................................................................................................................................
Owner’s Name and Address ..........................................................................................................................
........................................................................................................................................................................
Details of Alterations/Variations—
(Please delete if NOT applicable)
Increase/decrease maximum permitted number of horses
from ........................ to ........................ .
Other changes (please specify) .......................................................................................................
.........................................................................................................................................................
OWNER TO READ AND SIGN THIS DECLARATION:
I the owner of the proposed Equine Premises do confirm that the above applicant holds a Contractual
Lease over the property. I consent to this application and I understand my legal obligations to comply
with the Town of Kwinana Health (Keeping of Horses and Equine Premises) Local Laws 1997.
Owner’s Signature ................................................................................ Phone .............................................
Date: .............................................
This application is submitted with a site plan and all details required in Sections 3, 5 & 7 of these Local
Laws.
Applicant’s signature: ........................................................................... Phone .............................................
Date: .............................................
GOVERNMENT GAZETTE, WA 74511 February 1998]
TOWN OF KWINANA
KEEPING OF HORSES AND EQUINE PREMISES LOCAL LAWS
Schedule 3
APPLICATION FOR TRANSFER OF REGISTRATION OF EQUINE PREMISES
I (Full Name) ............................................................................................................................ (Transferor)
of ................................................................................................................ Post Code ...................................
Phone .............................................
The holder of Certificate of Registration of Equine Premises situated at
........................................................................................................................................................................
Hereby applies to have the Registration of the Said premises transferred to—
................................................................................................................................................... (Transferee)
Address ...................................................................................................... Post Code ...................................
Phone .............................................
Signature of current owner/occupier ....................................................................................... (Transferor)
Date: .............................................
I, the proposed owner/occupier ................................................................................................. (Transferee)
do hereby consent to the Said transfer of the Registration to myself. I consent to this application and I
understand my legal obligations to comply with the Town of Kwinana Health (Keeping of Horses and
Equine Premises) Local Laws 1997.
Signature of proposed owner/occupier ..........................................................................................................
Date: .............................................
TOWN OF KWINANA
KEEPING OF HORSES AND EQUINE PREMISES LOCAL LAWS
Schedule 4
CERTIFICATE FOR REGISTRATION AS AN EQUINE PREMISES
This is to certify that the premises situated at
........................................................................................................................................................................
and owned/leased by ......................................................................................................................................
are registered as premises upon which horses may be kept from the date of issue of this Certificate until
30 June next, unless this Certificate of Registration is previously cancelled or is deemed to be invalid in
accordance with these Local Laws.
The maximum number of horses to be kept on the premises within the enclosed area at any one time is
.............................. .
This Certificate is issued subject to compliance with the Health Act and its Regulations and Local Laws
from time to time in force thereunder and any conditions imposed pursuant to the Town of Kwinana
Health (Keeping of Horses and Equine Premises) Local Laws 1997.
(See attached conditions)
Dated at Kwinana this day of 19 .
........................................................
MANAGER HEALTH SERVICES
NOTES:
This Certificate is not transferable without approval in writing.
This Certificate is to be available at all times at the premises registered herein and shall be
produced when requested to do so by an Environmental Health Officer, with a current cash
register receipt to validate the period of registration.
Adopted by the Council of the Town of Kwinana at its Ordinary meeting held on the 26th day of
November 1997.
The Common Seal of the Town of Kwinana was hereunto affixed in the presence of on this 22nd day of
December 1997.
J. H. D. SLINGER JP, Mayor.
R. K. SMILLIE, Chief Executive Officer.
Consented to—
Dr V. P. DOWNES, Executive Director, Public Health.
Dated this 19th day of January 1997.
GOVERNMENT GAZETTE, WA [11 February 1998746
HEALTH ACT 1911
TOWN OF KWINANA
HEALTH AMENDMENT LOCAL LAWS 1997
Made by the Council of the Town of Kwinana under the Health Act 1911.
Citation
These Local Laws may be cited as the Town of Kwinana Health Amendment Local Laws 1997.
Principal Local Laws
In these Local Laws, the Model By-Laws Series “A”* made under the Health Act 1911 as adopted by
the Council of the Town of Kwinana on 23 October 1963, by Notice published in the Government Gazette
on 28 February 1964 and as amended from time to time by notices published in the Government Gazette
are referred to as the Principal Local Laws.
[* Reprinted in the Government Gazette on 17 July 1963 at pp. 1967-2042. For amendments to 18
December 1996 see 1995 Index to Legislation of Western Australia pages 4-125 to 127.]
Part IX amended
The Principal Local Laws are amended in Part IX by deleting “Section” or “section” wherever occur-
ring and substituting the following—
“Division” or “division”.
General amendment
The Principal Local Laws are amended—
(a) by deleting “By-Law” or “by-law” wherever occurring and substituting the following—
“Section” or “section” as the case requires; and
(b) by deleting “sub by-law” wherever occurring and substituting the following—
“subsection”.
Part 1A inserted
Before Part I of the Principal Local Laws, the paragraph headed “interpretation” is repealed and the
following is inserted—
“PART IA—GENERAL
Citation
These Local Laws may be cited as the Town of Kwinana Health Local Laws 1964”
Interpretation
In these Local Laws, unless the context otherwise requires—
“approved” means approved by an Environmental Health Officer appointed by the Town of
Kwinana.”
Part 1 amended
The Principal Local Laws are amended in PART 1—
(a) by deleting Sections 26 and 27 - Stables; and
(b) in Section 37 by deleting the words “marine stores,”.
Part IX amended
The Principal Local Laws are amended in PART IX—
(a) in Division A—
(i) in section 14 by deleting—
“Wool-scouring establishments.”; and
“Soap and candle works.”;
(ii) in section 15 by deleting—
“Wool-scouring establishments.”;
“Fish shops.”; and
“Soap and candle works.”; and
(iii) by deleting Schedule “D”;
and
(b) by repealing Divisions L, N, P and R.
Adopted by the Council of the Town of Kwinana at its Ordinary meeting held on the 26th day of
November 1997.
The Common Seal of the Town of Kwinana was hereunto affixed in the presence of on this 22nd day of
December 1997.
J. H. D. SLINGER JP, Mayor.
R. K. SMILLIE, Chief Executive Officer.
Consented to—
Dr V. P. DOWNES, Executive Director, Public Health.
Dated this 19th day of January 1997.
!199800028GG!