Town of Port Hedland Health Local law 2016

13 October 2016 GOVERNMENT GAZETTE, WA 4587 TABLE OF CONTENTS 1.2 Application

PART 2—SANITATION

Division 1—Sanitary conveniences 2.2 Dwelling house 2.3 Floor of wet areas 2.4 Premises other than a dwelling house 2.5 Outdoor festivals 2.6 Temporary works 2.7 Maintenance of sanitary conveniences and fittings 2.8 Toilets 2.9 Ventilation of toilet 2.10 Public sanitary conveniences 2.11 Lighting 2.12 Installation

Division 2—Bathroom, laundries and kitchens 2.13 Bathrooms 2.14 Laundries 2.15 Washing or keeping of clothes in kitchens 2.16 Kitchens PART 3—HOUSING AND GENERAL Division 1—Maintenance of dwelling houses 3.1 Dwelling house maintenance Division 2—Ventilation of houses 3.2 Exemption for short term hostels and recreational campsites 3.3 Overcrowding 3.4 Calculate sufficient space 3.5 Ventilation 3.6 Subfloor ventilation

Division 3—Water supply 3.7 Water supply 3.8 Rain water tanks 3.9 Wells 3.10 Pollution

Division 4—Second-hand furniture, bedding and clothing 3.11 Prohibition on sale 3.12 Prohibition of possession

4588 GOVERNMENT GAZETTE, WA 13 October 2016 Division 5—Morgues 3.13 Licensing of morgues PART 4—WASTE FOOD AND LIQUID REFUSE Division 1—Liquid refuse 4.1 Interpretation 4.2 Deposit of liquid refuse 4.3 Disposal of liquid waste 4.4 Level of disposal field Division 2—Transport of butchers waste 4.5 Interpretation 4.6 Restriction of vehicles 4.7 Transport of butchers waste

PART 5—NUISANCES AND GENERAL Division 1—Nuisances 5.1 Interpretation 5.2 Footpaths etc, to be kept clean 5.3 Public vehicles to be kept clean 5.4 Transportation, use and storage of offal or blood 5.5 Use or storage of fertiliser 5.6 Storage and dispatch of artificial fertiliser 5.7 Storage of fertiliser in a house Division 2—Slaughtering and disposal of animals 5.8 Slaughter of animals 5.9 Disposal of dead animals

PART 6—PEST CONTROL Division 1—Flies 6.1 Interpretation 6.2 Fly breeding matter not to be left on premises unless covered or treated 6.3 Measures to be taken by an occupier 6.4 EHO may give notice directing measures to be taken 6.5 Local government may execute work and recover costs Division 2—Mosquitoes 6.6 Interpretation 6.7 Measures to be taken to prevent mosquitoes breeding 6.8 Local government may execute work and recover costs Division 3—Rodents 6.9 Interpretation 6.10 Measures to be taken to eradicate rodents 6.11 Waste food etc to be kept in rodent proof receptacles 6.12 Restrictions on keeping of rodents Division 4—Cockroaches 6.13 Interpretation 6.14 Measures to be taken to eradicate cockroaches

Division 5—Argentine Ants 6.15 Interpretation 6.16 Measures to be taken to keep premises free from Argentine Ants

Division 6—European Wasps 6.17 Interpretation 6.18 Measures to be taken to keep premises free from European Wasp nests

Division 7—Arthropod vectors of disease 6.19 Interpretation 6.20 Responsibility of the owner or occupier

13 October 2016 GOVERNMENT GAZETTE, WA 4589 PART 7—INFECTIOUS DISEASES Division 1—General provisions 7.1 Requirements on owner or occupier to clean, disinfect and disinfest 7.2 EHO may disinfect or disinfest premises 7.3 Insanitary houses, premises and things 7.4 Persons in contact with an infectious disease sufferer 7.5 Declaration of infected house or premises 7.6 Destruction of infected animals 7.7 Disposal of a body 7.8 Local government may carry out work and recover costs Division 2—Disposal of used condoms and needles 7.9 Disposal of used condoms 7.10 Disposal of used needles

PART 8—LODGING HOUSES Division 1—Registration 8.1 Interpretation 8.2 Lodging house not to be kept unless registered 8.3 Application for registration 8.4 Approval of application 8.5 Renewal of registration 8.6 Notification upon sale or transfer 8.7 Revocation of registration Division 2—Construction and use requirements 8.8 General construction requirements 8.9 Sanitary conveniences 8.10 Laundry 8.11 Kitchen 8.12 Dining room 8.13 Lounge room 8.14 Fire prevention and control 8.15 Obstruction of passages and stairways 8.16 Fitting of locks 8.17 Restriction on use of rooms for sleeping 8.18 Sleeping accommodation—short term hostels and recreational campsites 8.19 Furnishing of rooms 8.20 Ventilation 8.21 Numbers to be placed on doors Division 3—Management and care 8.22 Keeper or manager to reside in the lodging house 8.23 Register of lodgers 8.24 Keeper report 8.25 Certificate in respect of sleeping accommodation 8.26 Duplicate keys and inspection 8.27 Room occupancy 8.28 Maintenance of a room by a lodger or resident 8.29 Cleaning and maintenance requirements 8.30 Responsibilities of lodgers and residents 8.31 Approval for storage of food

PART 9—OFFENSIVE TRADES Division 1—General 9.1 Interpretation 9.2 Consent to establish an offensive trade 9.3 False statement 9.4 Registration of premises 9.5 Certificate of registration 9.6 Change of occupier 9.7 Alterations to premises Division 2—General duties of an occupier 9.8 Interpretation 9.9 Cleanliness

4590 GOVERNMENT GAZETTE, WA 13 October 2016 9.10 Rats and other vectors of disease 9.11 Sanitary conveniences and hand wash basins 9.12 Painting of walls etc 9.13 Effluvia, vapours or gases 9.14 Offensive material 9.15 Storage of materials 9.16 Specified offensive trades 9.17 Directions 9.18 Other duties of occupier Division 3—Fish premises 9.19 Interpretation 9.20 Duties of an occupier 9.21 Disposal of waste 9.22 Fish containers 9.23 Interpretation 9.24 Receiving depot 9.25 Reception room 9.26 Walls and floors 9.27 Laundry floor 9.28 Escape of dust 9.29 Precautions against combustion 9.30 Trolleys 9.31 Sleeping on premises

PART 10—OFFENCES AND PENALTIES 10.1 Offences and penalties

13 October 2016 GOVERNMENT GAZETTE, WA 4591 Under the powers conferred by section 342 of the Health Act 1911, subdivision 2 of Part 3 of the Local Government Act 1995 and under all other powers enabling it, the Council of the Town of Port Hedland resolved on 27 July 2016 to make the following local law. This local law is cited as the Town of Port Hedland Health Local Law 2016. 1.2 Application This local law applies throughout the district. 1.3 Commencement This local law comes into operation on the same day it is published in the Government Gazette. 1.4 Repeal This local law repeals The Town of Port Hedland Health Local Laws 1999, as published in the Government Gazette on 22 March 2000 and as amended in the Government Gazette on 19 January 2001. 1.5 Interpretation (1) In this local law, unless the context otherwise requires— Act means the Health Act 1911; adequate supply of water means a flow of water of not less than 0.076 litres per second; approved means approved by the local government; AS 1530.2—1993 means the standard published by Standards Australia as AS 1530.2—1993 and called “Methods for fire tests on building materials, components and structures—Part 2: Test for flammability of materials”; AS/NZS 1530.3:1999 means the standard published by Standards Australia as AS/NZS 1530.3:1999 and called “Methods for fire tests on building materials, components and structures—Part 3: Simultaneous determination of ignitability, flame propagation, heat release and smoke release”; AS 1668.2—2002 means the standard published by Standards Australia as AS 1668.2—2002 and called “The use of ventilation and air-conditioning in buildings—Part 2: Ventilation design for indoor-air contaminant control (excluding requirements for the health aspects of tobacco smoke exposure)”; AS 1668.2-2012 means the standard published by Standards Australia from time to time as AS 1668.2—2012 and called “The use of ventilation and air-conditioning in buildings—Part 2: Ventilation design for indoor-air contaminant control (excluding requirements for the health aspects of tobacco smoke exposure)”; AS/NZS ISO 717.1:2004 means the standard published by the Standards Australia as AS/NZS ISO 717.1:2004 and called “Acoustics—Rating of sound insulation in buildings and of building elements—Airborne sound insulation; AS 2001.5.4—2005 means the standard published by Standards Australia as AS 2001.5.4—2005 and called “Methods of test for textiles—Method 5.4: Dimensional change—Domestic washing and drying procedures for textile testing (ISO 6330:2000, MOD)”; AS/NZS 3666.2:2011 means the standard published by Standards Australia as AS/NZS 3666.2:2011 and called “Air-handling and water systems of buildings—Microbial control— Operation and maintenance”; Building Code means the latest edition of the Building Code of Australia published from time to time by, or on behalf of, the Australian Building Codes Board as amended from time to time, but not including explanatory information published with that Code;

4592 GOVERNMENT GAZETTE, WA 13 October 2016 CEO means the Chief Executive Officer of the local government; district means— (a) the district of the local government under the Local Government Act 1995; (b) any area placed under the jurisdiction of the local government under section 22 of the Act; and (c) any river, harbour or other water deemed to be within the district of the local government under section 25 of the Act; dwelling house means a place of residence containing at least one sleeping room and includes a room or outbuilding separate from, but ancillary to, the building in which the sleeping room is located; EHO means an Environmental Health Officer appointed by the local government under the Act and includes any acting or Assistant Environmental Health Officer; habitable room means a room used for normal domestic activities, and— (a) includes a bedroom, living room, lounge room, music room, television room, kitchen, dining room, sewing room, study, play-room, family room and sun-room or the like; but (b) excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, lobby, photographic dark room, clothes-drying room, and other spaces of a specialised nature occupied neither frequently nor for extended periods; hot water means water at a temperature of at least 65 degrees Celsius; local government means the Town of Port Hedland; Manager Environmental Health means an Environmental Health Officer appointed by the local government to the office of Manager Environmental Health and includes an Acting Manager Environmental Health, or most senior Environmental Health Officer; medical officer means the medical officer appointed by the local government under the Act and includes an acting medical officer so appointed; 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; public place includes every place to which the public ordinarily have access, whether by payment of a fee or not; sanitary convenience includes urinals, water-closets, earth-closets, privies, sinks, baths, wash troughs, apparatus for the treatment of sewage, ash-pits, ash-tubs, or other receptacle for the deposit of ashes, faecal matter or refuse and all similar conveniences; sewage means any kind of sewage, nightsoil, faecal matter or urine, and any waste composed wholly or in part of liquid; sewer includes sewers and drains of every description, except drains to which the word “drain” as defined in the Act applies, including water channels constructed of stone, brick, concrete, or any other material, including the property of the local government; street includes any highway, and any public bridge, and any road, lane, footway, square, court, alley or passage, whether a thoroughfare or not; toilet means a water closet, earth closet, privy or urinal and includes a room or cubicle in which one or more of these is located; townsite means all townsites within the district which are— (a) constituted under section 26(2) of the Land Administration Act 1997; or (b) referred to in clause 37 of Schedule 9.3 of the Local Government Act 1995; vectors of disease includes fleas, flies, bedbugs, cockroaches, lice and any other insect prescribed by the local government; water means drinking water within the meaning of the Australian Drinking Water Guidelines as published by the National Health and Medical Research Council in 2011 and as amended from time to time; and window means a glass panel, roof light, glass brick, glass louvre, glazed sash, glazed door or other device which transmits natural light directly into a building. (2) Where, in this local law, a duty, obligation or liability is imposed on an “owner or occupier” the duty, obligation or liability shall be taken to be imposed jointly and severally on each of the owner or occupier. (3) Where, under this local law, an act is required to be done or forbidden to be done in relation to any premises, the owner or occupier of those premises has, unless the contrary intention appears, the duty of causing to be done the act so required to be done, or of preventing from being done the act so forbidden to be done, as the case may be.

13 October 2016 GOVERNMENT GAZETTE, WA 4593 PART 2—SANITATION Division 1—Sanitary conveniences festival includes a fair, function or event; organiser means a person— (a) to whom approval has been granted by the local government to conduct the festival; or (b) responsible for the conduct of the festival; public sanitary convenience means a sanitary convenience to which the public ordinarily has access, whether by payment of a fee or not; and temporary sanitary convenience means a sanitary convenience, temporarily placed for use by— (a) patrons in conjunction with a festival; or (b) employees at construction sites or the like. 2.2 Dwelling house (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless it has at least 1 toilet. (2) A room in which a toilet is located must have adequate lighting. 2.3 Floor of wet areas The owner of every premises shall ensure that the floor of every bathroom, ensuite, laundry, toilet and any other ablution area within the building be properly surfaced with an even fall to a floor waste, suitably trapped and discharging to— (a) a licensed water service operator’s sewer; (b) a proper discharge pipe with flap valve fitted and, where necessary, protected by a sump approved by an EHO; or (c) a treatment system approved pursuant to the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974. 2.4 Premises other than a dwelling house (1) The owner of premises other than a dwelling house shall not use or occupy, or permit to be used or occupied, the premises unless— (a) the premises have toilets in accordance with the Building Code and this Part, including disabled facilities; (b) the toilets required by this clause are situated within a reasonable distance of the premises and are easily accessible to the persons for whom they are provided; and (c) the premises have hand wash basins that are— (i) in accordance with the Building Code; (ii) for the use of persons employed or engaged on the premises; (iii) provided with an adequate supply of water supplied by taps located over each hand wash basin; (iv) separate from any trough, sink or hand wash basin used in connection with any process carried out on the premises; and (v) situated within a reasonable distance of the sanitary conveniences and easily accessible to the person for whom they are provided. (2) The occupier of premises other than a dwelling house shall ensure that— (a) clean toilet paper is available at all times in each cubicle; (b) a sanitary napkin disposal facility is provided in each toilet set aside for the use of females; and (c) each hand wash basin is provided with— (i) an adequate supply of soap or other hand cleaning substances; and (ii) hand drying facilities, situated adjacent to, and visible from, the hand wash basin. (3) Where more than 1 toilet is provided on premises other than a dwelling house, the entrance to each toilet shall bear a suitable sign indicating for which sex its use is intended. 2.5 Outdoor festivals (1) The organiser of an outdoor event must provide sanitary conveniences in accordance with the recommendations contained within the Department of Health’s ‘Guidelines for concerts, events and organised gatherings’; and (2) Where, under subclause (1), the number of a particular sanitary convenience to be provided is not a whole number, that number shall be rounded up to the next higher whole number.

4594 GOVERNMENT GAZETTE, WA 13 October 2016 2.6 Temporary works A person who undertakes temporary work at any place shall— (a) provide and maintain for the use of persons engaged, whether as employees or as independent contractors or otherwise, one temporary sanitary convenience for every 20 such (b) remove the temporary sanitary convenience at the conclusion of the work or at an earlier time in accordance with a direction from an EHO, and ensure the site is left clean. 2.7 Maintenance of sanitary conveniences and fittings (1) The occupier of any premises shall— (a) keep clean, in good condition and repair; and (b) whenever required by an EHO, effectively disinfect and clean, all sanitary conveniences including sanitary fittings, in or on the premises. (2) The owner of any of premises shall— (a) keep or cause to be kept in good repair; and (b) maintain an adequate supply of water to, all sanitary conveniences, including sanitary fittings in or on the premises. 2.8 Toilets (1) Toilets on a premises shall be maintained in accordance with the following requirements— (a) the door to a toilet, other than an internal door, shall be properly screened to a continuous height of 1.8 metres from the floor; and (b) a toilet or its entrance, which is visible from overlooking windows, shall be properly screened. (2) Toilets on premises other than a dwelling house shall be maintained in accordance with the following additional requirements— (a) a toilet for the exclusive use of males shall not adjoin any toilet for the exclusive use of females unless the toilets are separated by a wall extending from the floor to the ceiling and of sufficient density to have a sound transmission class of not less than 50 as required by AS/NZS ISO 717.1 :2004; and (b) where more than 1 toilet is provided on the premises, the entrance to each toilet shall bear a suitable sign indicating for which sex its use is intended. 2.9 Ventilation of toilet (1) A toilet in any premises shall be ventilated in accordance with the Sewerage (Lighting, Ventilation and Construction) Regulations 1971 and the Building Code. (2) A mechanical ventilation system provided under subclause (1) shall be maintained in good working order and condition. 2.10 Public sanitary conveniences (1) A person shall not— (a) foul; (b) damage or vandalise; or (c) write on or otherwise deface, a public sanitary convenience or sanitary fixtures or fittings or the premises in or on which the sanitary convenience is located. (2) A person using a public sanitary convenience shall, where the convenience has been provided by the local government and a charge for its use has been levied, forthwith pay that charge. (3) A person shall not live or sleep in or on the premises in which a public sanitary convenience is located or use it for a purpose other than that for which it was intended. 2.11 Lighting The owner and occupier of premises in which a sanitary convenience or a public sanitary convenience is located shall provide and maintain adequate electric lighting for persons using the convenience. 2.12 Installation Every sanitary convenience shall be installed in accordance with the requirements of the Country Areas Water Supply Act 1947 and the Water Services Act 2012 and shall have an adequate supply of water. Division 2—Bathroom, laundries and kitchens 2.13 Bathrooms (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a bathroom that— (a) is adequately lined with an impervious material and has an adequate ceiling; (b) complies with the Health Act (Laundries and Bathrooms) Regulations; and (c) is equipped with— (i) a hand wash basin; and (ii) either a shower in a shower recess or a bath.

13 October 2016 GOVERNMENT GAZETTE, WA 4595 (2) All baths, showers, hand wash basins and similar fittings shall be provided with an adequate supply of hot and cold water. 2.14 Laundries (1) A laundry must conform to the provisions of the Building Code. (2) In the case of a single occupancy dwelling, the laundry shall have— (a) provision for a washing machine and either a wash trough or a sink; and (b) a clothes-drying facility comprising either an electric clothes dryer or not less than 20 metres of clothesline erected externally. (3) In a laundry, all wash troughs, sinks, coppers and washing machines shall be properly supported and all wash troughs and sinks shall have a capacity of at least 36 litres. (4) Sole or multiple occupancy units, each being a separate dwelling, shall have— (a) laundry facilities, in accordance with the Building Code, for the exclusive use of the occupants of each unit; or (b) a separate laundry, with communal laundry facilities in accordance with the Building Code, for up to four sole occupancy units that do not have their own laundry facilities. (5) Where, in any building, a laundry is situated adjacent to a kitchen or a room where food is stored or consumed, the laundry shall be separated from the kitchen or room where food is stored or consumed by a wall extending from the floor to the roof or ceiling. (6) Where there is an opening in a wall between a laundry and a kitchen or room where food is stored or consumed, the opening shall— (a) not be more than 1 220 millimetres wide; and (b) have a door which when closed shall completely fill the opening. 2.15 Washing or keeping of clothes in kitchens (1) A person shall not, in any kitchen or other place where food is kept— (a) wash or permit to be washed any clothing or bedding; or (b) keep or permit to be kept any soiled clothing or bedding. 2.16 Kitchens (1) In this clause, a cooking facility includes a stove, oven, facility or appliance used for or in connection with the cooking of food. (2) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a kitchen equipped with— (a) a cooking facility which is adequate in the opinion of an EHO; and (b) a sink which shall— (i) be at least 380 millimetres long, 300 millimetres wide and 150 millimetres deep; and (ii) have an adequate supply of hot and cold water. (3) The occupier of a dwelling house shall ensure that the stove, oven and sink are kept clean, in good order and repair and fit for use. (4) A cooking facility shall— (a) be installed in accordance with the requirements of Energy Safety WA and the manufacturers written installation instructions which have been developed for the product; and (b) not be installed or used in any room other than a kitchen. (5) Mechanical extraction is to be provided in a kitchen and the exhaust air shall be— (a) carried to the outside air as directly as practicable unless adequately filtered for recirculation as required by AS 1668.2-2012; and (b) boxed throughout.

PART 3—HOUSING AND GENERAL Division 1—Maintenance of dwelling houses 3.1 Dwelling house maintenance The owner or occupier of a dwelling house shall maintain the dwelling house and any adjacent buildings in sound condition and fit for use and, in particular, shall— (a) maintain all roofs, guttering and downpipes in sound weatherproof condition; (b) maintain any footings, foundations and walls, either external or internal, in a sound condition; (c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material in any verandah, roof, walls, steps, handrails, floors or their supports with material of sound quality; (d) comply with the directions of an EHO to treat the premises for the purpose of controlling any termites; (e) maintain any brick, stone, mortar or cement work in a sound condition; (f) maintain, repair or replace any flashings or ant caps which are missing or defective;

4596 GOVERNMENT GAZETTE, WA 13 October 2016 (g) maintain all ventilators in good order and repair; (h) maintain all floors even and level in surface and free from cracks and gaps; (i) maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and fittings complete and with smooth unbroken surfaces; (j) maintain all doors and windows in good working order and weatherproof condition; (k) retain all natural lighting free from any obstruction which would reduce the natural lighting, below the ratio of 10 per cent of the floor area; (l) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewage so that they comply in all respects with the provisions of the the Water Services Act 2012 and any other legal requirements to which they are subject; and (m) maintain all electric wiring, gas services and fittings to comply in all respects with the requirements of all relevant public authorities. Division 2—Ventilation of houses 3.2 Exemption for short term hostels and recreational campsites This Division shall not apply to short term hostels and recreational campsites referred to in Division 2 of Part 8. 3.3 Overcrowding (1) The owner or occupier of a house shall not permit— (a) a room in the house that is not a habitable room to be used for sleeping purposes; (b) a habitable room in the house to be used for sleeping purposes unless— (i) for every person over the age of 10 years using the room there is at least 14 cubic metres of air space per person; and (ii) for every person up to, and including the age of 10 years, there is at least 8 cubic metres of air space per person; or (c) any garage or shed to be used for sleeping purposes. 3.4 Calculate sufficient space For the purpose of clause 3.3, in calculating the space required for each person— (a) each room is to be considered separately and sufficient space is to be allowed in each room for the number of persons present in the room at any one time; and (b) a deduction is to be made for the space occupied by furniture, fittings and projections of the walls into a room. 3.5 Ventilation (1) A person shall not use or occupy, or permit to be used or occupied, a house unless the house is properly ventilated. (2) For the purpose of subclause (1) a house shall be deemed to be properly ventilated if it complies with the Building Code, including the provision of— (a) natural ventilation; or (b) a mechanical ventilation or air-conditioning system complying with AS 1668.2—2002. (3) The owner of a house provided with a mechanical ventilation or air-conditioning system shall ensure that the system is— (a) maintained in good working condition and in accordance with AS/NZS 3666.2:2002; and (b) in use at all times the building is occupied, if it is a building without approved natural ventilation. (4) If, in the opinion of an EHO, a house is not properly ventilated, the local government may, by notice, require the owner of the house to— (a) provide a different, or additional method of ventilation; or (b) cease using the house until it is properly ventilated. 3.6 Subfloor ventilation The owner or occupier of a house shall make provision for subfloor ventilation by ensuring that air bricks and other openings are kept clear of refuse, vegetation, building materials, dirt and the like. Division 3—Water supply 3.7 Water supply (1) The owner of a house shall ensure that it is connected with a separate and independent water supply from the mains of a licensed water service operator, or a water supply to the satisfaction of the local government. (2) The water supply shall at all times be capable of delivering an adequate supply of water to each tap in the house. (3) The water supply to toilets or for garden use may be from a source other than drinking water.

13 October 2016 GOVERNMENT GAZETTE, WA 4597 3.8 Rain water tanks (1) The owner or occupier of a house for which part of the water supply is drawn from a rain water tank shall— (a) maintain in a clean condition— (i) the roof, guttering and downpipes forming the catchment for the tank; and (ii) the guttering and downpipes appurtenant to the roof; (b) ensure that each rain water tank is fitted with a tight-fitting mosquito proof cover which shall not be removed at any time except for the purpose of cleaning, repairing or maintaining the tank; and (c) thoroughly clean and disinfect such tank, at least once in each year, or whenever directed by an EHO to do so. (2) The owner or occupier of a house for which its entire water supply is drawn from a rain water tank shall ensure that the storage capacity of the tank is not less than 90 000 litres. (3) The owner or occupier of any non-residential premises on which rainwater and/or borewater is used for human consumption shall— (a) once every calendar month, have the bacterial quality of each individual water source tested in accordance with the Australian Drinking Water Guidelines 2011, published by the National Health and Medical Research Council; (b) disinfect the water supply prior to entry into the premises and monitor and record the level of disinfection and pH of the water on a daily basis; (c) where chlorine is used as the method of disinfection, ensure a free residual chlorine level of between 0.2 milligrams per litre and 0.5 milligrams per litre in the water received from any outlet used for drinking purposes; and (d) ensure the pH of the water received from any outlet used for drinking purposes is maintained between 7.2 and 7.8. 3.9 Wells The owner or occupier of any premises must not use, or permit for human consumption, the use of the water of any bore or well unless the bore or well is— (a) at least 30 metres from any soak well or other possible source of pollution unless otherwise approved by the Executive Director, Public Health; and (b) covered with a tight-fitting cover without openings of any sort other than those essential for the insertion of a pump. 3.10 Pollution A person must not deposit on or under any land, any sewage, offensive matter or any other thing, which may pollute or render unfit for human consumption, water from a well or other underground source. Division 4—Second-hand furniture, bedding and clothing 3.11 Prohibition on sale A person shall not offer for sale or sell any second-hand furniture, bedding or clothing which is filthy or infested with vectors of disease. 3.12 Prohibition of possession A dealer in second-hand furniture, bedding or clothing shall not have on any premises used for the operation of the business, any second-hand furniture, bedding or clothing which is filthy or infested with vectors of disease. Division 5—Morgues 3.13 Licensing of morgues (1) All non-government morgues shall be licensed pursuant to the provisions of this clause. (2) The annual fee for a licence for a place for the temporary reception and keeping of the bodies of the dead awaiting burial or cremation shall be the fee as fixed from time to time by the local government under section 344C of the Act. (3) An application for a morgue licence shall be in the form approved by the local government from time to time. (4) A licence shall— (a) be in the form as determined by the local government from time to time; and (b) expire on 31 December after the date of its issue. (5) A licence shall not be granted in respect of any premises unless— (a) provision has been made for the keeping of the bodies of the dead at a temperature not exceeding zero degrees Celsius; (b) the walls are constructed of stone or brickwork or other approved material; (c) the interior surface of all walls is covered with glazed tiles or is rendered impervious so as to be non-absorbent and washable;

4598 GOVERNMENT GAZETTE, WA 13 October 2016 (d) all floors are constructed of impervious material, having a fall to an outlet discharging over a trapped gully; and (e) the premises are adequately ventilated by direct communication with the outside air.

PART 4—WASTE FOOD AND LIQUID REFUSE Division 1—Liquid refuse 4.1 Interpretation liquid refuse includes all washings from windows and vehicles, overflow, bleed off, condensate and drainage from air-conditioning equipment including cooling towers and evaporative coolers and other liquid used for cooling purposes and swimming pool discharges; and liquid waste means bathroom, kitchen, scullery and laundry wastes, all washings from animal and poultry pens and any other domestic or trade wastes that are discharged by means of a drain to a receptacle for drainage. 4.2 Deposit of liquid refuse A person shall not deposit, or cause, or permit to be deposited, liquid refuse or liquid waste— (a) on a street; (b) in a stormwater disposal system; or (c) on any land or place other than a place or depot duly authorised for that purpose. 4.3 Disposal of liquid waste (1) The owner or occupier of premises shall— (a) provide, by one of the methods prescribed in this clause, for the disposal of all liquid waste produced on the premises; and (b) at all times maintain in good working order and condition any apparatus used for the disposal of liquid waste. (2) Liquid waste shall be disposed of by one of the following methods— (a) discharging it into the sewerage system of a licensed water service operator in a manner approved by the licensed water service operator; (b) discharging it into an apparatus for the treatment of sewage and disposal of effluent and liquid waste approved by the Executive Director, Public Health or the local government; or (c) collection and disposal at an approved liquid waste disposal site in a manner approved by the Executive Director Public Health. 4.4 Level of disposal field Where, on any premises, any liquid refuse, liquid waste, or effluent, is disposed of on site, the level of the disposal field shall be a minimum of 1.2 metres above the highest known water table unless a reduced setback is approved by the Executive Director, Public Health. Division 2—Transport of butchers waste 4.5 Interpretation butchers waste includes animal skeletons and rib cages from a boning room and the inedible products of an abattoir. 4.6 Restriction of vehicles A person shall not use, for the transport of butchers waste— (a) a vehicle used for the transport of food or drugs; or (b) anything intended to be used for the packing or handling of food or drugs. 4.7 Transport of butchers waste (1) A person shall not transport butchers waste otherwise than in— (a) a compartment complying with the following specifications— (i) the floor and 4 walls to be made of an approved impervious material and the walls to be not less than 910 millimetres high; (ii) all joints to be sealed, welded, soldered or brazed and made watertight; (iii) the loading doors, if any, to be watertight and kept closed at all times except when loading; and (iv) the top to be completely covered by a tarpaulin or other impervious sheet material approved by an EHO, carried over, and secured to the outside of the walls at least 300 millimetres from the top so as to keep the load out of sight of the public; or (b) a watertight durable and impervious container fitted with a lid which can be tightly closed.

13 October 2016 GOVERNMENT GAZETTE, WA 4599 (2) A person shall not transport any butchers waste in a vehicle unless the vehicle and its fittings, including the compartment or container referred to in this clause, are— (a) maintained in good order and condition; and (b) thoroughly cleaned at the conclusion of each day’s work. (3) A person shall not load, transport, or unload butchers waste in a manner that is or may be offensive due to— (a) the sight of animal skeletons, bones, offal or waste matter; (b) the odour of putrefaction, offal or waste matter; or (c) the presence of blood and particles of flesh or fat dropping onto the surface of the street pavement or ground PART 5—NUISANCES AND GENERAL Division 1—Nuisances 5.1 Interpretation fertiliser includes manure; and public vehicle means any vehicle to which the public ordinarily has access, whether by payment of a fee or not and includes a taxi or bus. 5.2 Footpaths etc, to be kept clean An owner or occupier of premises shall keep any footpath, pavement, area or right of way immediately adjacent to the premises, clear of any rubbish, matter or things coming from or belonging to the premises. 5.3 Public vehicles to be kept clean The owner or person in control of a public vehicle must— (a) maintain the vehicle at all times— (i) in a clean condition; and (ii) free from vectors of disease; and (b) whenever directed to do so by an EHO, thoroughly clean and disinfect the vehicle as directed. 5.4 Transportation, use and storage of offal or blood A person must not transport or store offal or blood, for the purpose of being used as manure, unless it has been sterilised by steam and properly dried. 5.5 Use or storage of fertiliser An owner or occupier of premises must not use, or keep for the purpose of use, as fertiliser any— (a) pig manure; (b) human faeces; or (c) urine. 5.6 Storage and dispatch of artificial fertiliser An owner or occupier of premises where artificial fertiliser is stored in bulk for sale must— (a) keep all artificial fertiliser in a building— (i) of which the walls, floors and ceilings or undersides of the roof are constructed of durable and non-absorbent materials finished internally with a smooth surface; and (ii) free from damp and properly ventilated; (b) take proper precautions to prevent the emission of dust or offensive effluvia from the building; and (c) ensure that all artificial fertiliser dispatched from the premises is packed in a manner that prevents any nuisance arising during transit. 5.7 Storage of fertiliser in a house The owner or occupier of a house where fertiliser or compost is stored or used must— (a) prevent the escape of odours, dust or particles of fertiliser or compost; (b) treat the fertiliser or compost in a manner that effectively prevents it attracting or being a breeding place for flies or other vectors of disease; and (c) store only those amounts of fertiliser or compost— (i) that can readily be used within a reasonable period; or (ii) as may be directed by the local government Division 2—Slaughtering and disposal of animals 5.8 Slaughter of animals (1) Subject to subclause (2), a person, unless exempted under Regulation 20 of the Food Regulations 2009, shall not slaughter any animal within the district.

4600 GOVERNMENT GAZETTE, WA 13 October 2016 (2) Subclause (1) does not apply to— (a) euthanasia of animals by veterinarians or other duly authorised persons; (b) slaughter of animals for the purposes of pet meat and game meat operations; and (c) slaughter of animals for human consumption in abattoirs approved by the local government. 5.9 Disposal of dead animals (1) An owner or operator of a veterinary practice where dead animals are kept for more than 12 hours shall refrigerate the carcasses prior to their removal and disposal, at an approved disposal site. (2) An owner or occupier of premises, other than a veterinary practice, on which there is a dead animal, shall, as soon as possible, remove the carcass for its disposal at an approved disposal site. (3) An owner, or a person having the care of any animal that dies or is killed in a public or private place, shall, as soon as possible, remove the carcass and arrange for its disposal at an approved disposal site, except where it may be buried on a property zoned rural under the Local Planning Scheme by the owner. PART 6—PEST CONTROL Division 1—Flies 6.1 Interpretation flies means any of the two-winged insects constituting the order Diptera commonly known as flies. 6.2 Fly breeding matter not to be left on premises unless covered or treated An owner or occupier of premises shall not place, throw, leave, or permit or cause to be placed, thrown or left in, on or about the premises, any matter or thing which is liable to attract or be a breeding place for flies, unless that matter or thing is covered, protected, treated or dealt with in such a manner as to effectively prevent it from attracting or being a breeding place for flies. 6.3 Measures to be taken by an occupier An owner or occupier of premises shall ensure that— (a) rubbish receptacles are kept clean and tightly sealed at all times except when refuse is being deposited or emptied; (b) food scraps and uneaten pet food are wrapped tightly and deposited in a rubbish receptacle without delay; (c) lawn clippings used on gardens as mulch are raked out thinly; (d) fertilisers are dug well into the soil; (e) compost heaps are kept well covered; (f) barbecues are kept clean and free from food scraps; (g) anything that is buried and may attract or be a breeding place for flies is covered with at least 100 millimetres of soil; and (h) excrement from pets is collected and properly disposed of without delay. 6.4 EHO may give notice directing measures to be taken Where, in the opinion of an EHO, flies are prevalent or are breeding on any premises, an EHO may give to the owner or occupier of the premises notice in writing directing him or her to take, within the time specified in the notice, such measures as in the opinion of an EHO are necessary to— (a) control the prevalence; (b) effect the eradication; or (c) effectively prevent the breeding, of flies. 6.5 Local government may execute work and recover costs (a) a person is required under this Division or directed by a notice given under clause 6.4, to execute any work; and the local government may execute the work and may recover from that person the cost of executing the work in addition to any penalty for which that person may be liable under these local laws. (2) The costs and expenses incurred by the local government in the execution of a power under subclause (1) may be recovered in a court of competent jurisdiction from the person referred to in (3) The local government shall not be liable to pay compensation or damages of any kind to the person referred to in subclause (1) in relation to any action taken by the local government under this clause, other than compensation or damages for loss or damage suffered because the local government acted negligently or in breach of duty.

13 October 2016 GOVERNMENT GAZETTE, WA 4601 Division 2—Mosquitoes 6.6 Interpretation mosquitoes mean any of the insects constituting the family Culicidae in the order Diptera commonly known as mosquitoes. 6.7 Measures to be taken to prevent mosquitoes breeding (1) An owner or occupier of premises shall ensure that the premises are kept free from possible mosquito breeding sites and shall— (a) follow any direction or notice of an EHO for the purpose of— (i) controlling the prevalence of mosquitoes; (ii) eradication of mosquitoes; or (iii) effectively preventing the breeding of mosquitoes; and (b) assist an EHO to locate any possible mosquito breeding sites that may be present in or about the premises. (2) An owner or occupier of any premises where water is kept in a horse trough, poultry drinking vessel or other receptacle shall— (a) frequently change the water; and (b) keep the water clean and free from vegetable matter and slime. (3) An owner or occupier of premises, where a septic tank is installed, shall ensure the fixture is in a sound condition at all times, and mesh having openings no larger than 1.2 millimetres, covers any educt vent to the system. (4) Where there is a swimming pool on any premises where the circulation system does not function, or has not been used such that the pool water is green or stagnant and suitable for breeding mosquitoes, the owner or occupier shall, when required by a notice issued by an EHO— (a) reactivate the pool circulation system within a time specified and operate it so that the water is filtered for as many hours as may be specified; and/or (b) chlorinate and adjust the pH of the pool to— (i) 4 milligrams per litre free chlorine; and (ii) pH within the range 7.2-7.6; or (c) empty or drain the pool; or (d) add a larvicide to the pool at the specified rate; and (e) maintain the pool water free of mosquito breeding. (5) An owner or occupier of land shall cause all drains and channels in or on the land to be kept in good order and free from obstruction. 6.8 Local government may execute work and recover costs (a) a person is required under this Division or directed by a notice given under clause 6.7 to execute any work; and the local government may execute the work and recover from that person the cost of executing the work, in addition to any penalty for which that person may be liable. (2) The costs and expenses incurred by the local government in the execution of a power under subclause (1) may be recovered in a court of competent jurisdiction from that person. (3) The local government is not liable to pay compensation or damages of any kind to the person referred to in subclause (1) in relation to any action taken by the local government under this clause, other than compensation or damages for loss or damage suffered because the local government acted negligently or in breach of duty. Division 3—Rodents 6.9 Interpretation rodents means those animals belonging to the order Rodentia and includes rats and mice but does not include native rodents, laboratory bred rats and mice, or those kept as pets in an enclosure designed for the purpose of keeping as pets, animals of that kind. 6.10 Measures to be taken to eradicate rodents (1) An owner or occupier of any premises, shall at all times take effective measures to eradicate any rodents and prevent the harbourage or potential harbourage of rodents in or on the premises. (2) An EHO may direct, orally or in writing, an owner or occupier of premises to take whatever action, in the opinion of an EHO, is necessary or desirable to prevent or deter the presence of rodents in or on the premises. (3) An owner or occupier shall, within the time specified, comply with any direction given by an EHO under this clause.

4602 GOVERNMENT GAZETTE, WA 13 October 2016 6.11 Waste food etc to be kept in rodent proof receptacles A person must not store, or allow to be stored, on any premises, any food, refuse or other waste matter unless it is contained in a rodent proof receptacle or compartment. 6.12 Restrictions on keeping of rodents A person or body who keeps rodents shall— (a) at all times ensure that all live rodents are kept in the effective control of a person or in locked cages; and (b) if a rodent escapes— (i) forthwith take all reasonable steps to destroy or recapture the rodent; and (ii) comply with the requirements of clause 6.10. Division 4—Cockroaches 6.13 Interpretation cockroach means any of the various orthopterous insects commonly known as cockroaches. 6.14 Measures to be taken to eradicate cockroaches (1) An owner or occupier of premises shall take effective measures to eradicate any cockroaches in or on the premises. (2) An EHO may direct, orally or in writing, an owner or occupier of premises to take whatever action that, in the opinion of the EHO, is necessary or desirable to prevent or deter the presence of cockroaches in or on the premises. (3) An owner or occupier shall, within the time specified, comply with any direction given by an EHO under this clause. Division 5—Argentine Ants 6.15 Interpretation Argentine Ant means an ant belonging to the species Limepithema humile (formally Iridomyrmex humilis). 6.16 Measures to be taken to keep premises free from Argentine Ants An owner or occupier of premises shall ensure that the premises are kept free from Argentine Ant colonies and shall— (a) take all steps to locate any nests if Argentine Ants are noticed in, on or about the premises; (b) properly treat all nests of Argentine Ants with an approved residual based insecticide; and (c) whenever required by an EHO— (i) treat any area or infestation with an insecticide referred to in paragraph (b); and (ii) remove any objects, including timber, firewood, compost or pot plants in accordance with a direction from an EHO. Division 6—European Wasps 6.17 Interpretation European Wasp means a wasp belonging to the species Vespula germanica. 6.18 Measures to be taken to keep premises free from European Wasp nests An owner or occupier of premises shall ensure that the premises are kept free from European Wasp nests and shall— (a) follow any direction of an EHO for the purpose of destroying the European Wasps and their nests; and (b) assist an EHO, or his or her representative, to trace any nest that may be present in, on or about the premises. Division 7—Arthropod vectors of disease 6.19 Interpretation arthropod vectors of disease includes— (a) fleas (Siphonaptera); (b) bedbugs (Cimex lectularius); (c) pubic lice (Phthirus pubis); (d) body lice (Pediculus humanus humanus, also known as Pediculus humanus corporis); and (e) head lice (Pediculus humanus capitis).

13 October 2016 GOVERNMENT GAZETTE, WA 4603 6.20 Responsibility of the owner or occupier The owner or occupier of premises shall— (a) keep the premises and any person residing in or on the premises, free from any arthropod vectors of disease; and (b) comply with the direction of an EHO to treat the premises, or anything on the premises, for the purpose of destroying any arthropod vectors of disease.

PART 7—INFECTIOUS DISEASES Division 1—General provisions 7.1 Requirements on owner or occupier to clean, disinfect and disinfest (1) The local government or an EHO may, by notice in writing, direct an owner or occupier of premises, within the time and in the manner specified in the notice, to clean, disinfect and disinfest— (a) the premises; or (b) such things in or on the premises as are specified in the notice, or both, to the satisfaction of the EHO. (2) An owner or occupier shall comply with a notice given under subclause (1). 7.2 EHO may disinfect or disinfest premises (1) Where the local government or the medical officer is satisfied that any case of infectious disease has occurred on any premises, the local government or the medical officer may direct an EHO, other local government officer or other person to disinfect and disinfest the premises or any part of the premises and anything in or on the premises. (2) An owner or occupier of premises shall permit, and provide access to enable an EHO, other local government officer or other person to carry out the direction given under subclause (1). (3) The local government may recover, in a court of competent jurisdiction, the cost of carrying out the work under this clause from the owner or occupier of the premises in or on which the work was carried out. (4) The local government shall not be liable to pay compensation or damages of any kind to the owner or occupier of premises in relation to any action taken by the local government or any of its staff or employees under this clause, other than compensation or damages for loss or damage suffered because the local government acted negligently or in breach of duty. 7.3 Insanitary houses, premises and things (1) An owner or occupier of any house or premises shall maintain the house or premises free from any insanitary condition or thing. (2) The local government considers that a house is insanitary, it may, by notice in writing, direct an owner of the house, within the time and in the manner specified in the notice, to destroy or amend the house. (3) Where an EHO considers that— (a) a house or premises is not being maintained in a sanitary condition; or (b) any thing is insanitary, the EHO may, by notice in writing, direct, as the case may be— (i) the owner or occupier of the house or premises to amend any insanitary condition; or (ii) the owner or occupier of the thing to destroy or amend it, within the time and in the manner specified in the notice. (4) A person to whom a notice has been given under subclauses (2) or (3) shall comply with the terms of the notice. 7.4 Persons in contact with an infectious disease sufferer If a person in any house is, or is suspected of, suffering from an infectious disease, any occupant of the house or any person who enters or leaves the house— (a) shall obey such instructions or directions as the local government or the medical officer may issue; and (b) may be removed, at the direction of the local government or the medical officer to isolation in an appropriate place to prevent or minimise the risk of the infection spreading and if so removed, shall remain in that place until the medical officer otherwise directs. 7.5 Declaration of infected house or premises (1) To prevent or check the spread of infectious disease, the local government or the medical officer may from time to time declare any house or premises to be infected. (2) A person shall not enter or leave any house or premises declared to be infected, without the written consent of the medical officer or an EHO. 7.6 Destruction of infected animals (1) An EHO, upon being satisfied that an animal is or may be infected or is liable to be infected or to convey infection may, by notice in writing, direct that the animal be examined by a registered

4604 GOVERNMENT GAZETTE, WA 13 October 2016 veterinary officer and all steps taken to enable the condition to be controlled or eradicated or the animal destroyed and disposed of— (a) in the manner and within the time specified in the notice; and (b) by the person in whose possession, or upon whose premises, the animal is located. (2) A person who has in his or her possession or upon premises occupied by him or her, an animal which is the subject of a notice under subclause (1), shall comply with the terms of the notice. 7.7 Disposal of a body (1) An occupier of premises in or on which is located the body of a person who has died of an infectious disease shall, subject to subclause (2), cause the body to be buried or disposed of in such manner, within such time and with such precautions as may be directed by the medical officer. (2) A body shall not be removed from premises where death occurred except to a cemetery or morgue. 7.8 Local government may carry out work and recover costs (a) a person is required under this Division or by a notice given under this Division, to carry out any work; and that person commits an offence and the local government may carry out the work or arrange for the work to be carried out by another. (2) The costs and expenses incurred by the local government in the execution of a power under this clause may be recovered in a court of competent jurisdiction from the person referred to in subclause (1)(a). (3) The local government shall not be liable to pay compensation or damages of any kind to the person referred to in subclause (1)(a) in relation to any action taken by the local government under this clause, other than compensation or damages for loss or damage suffered because the local government acted negligently or in breach of duty. Division 2—Disposal of used condoms and needles 7.9 Disposal of used condoms (1) An occupier of premises on or from which used condoms are produced shall ensure that the condoms are— (a) placed in a sealed impervious container and disposed of in a sanitary manner; or (b) disposed of in such a manner as may be directed by an EHO. (2) A person shall not dispose of a used condom in a public place except in accordance with 7.10 Disposal of used needles A person shall not dispose of a used hypodermic syringe or needle in a public place unless it is placed in an impenetrable, leak-proof container and deposited in a refuse receptacle. PART 8—LODGING HOUSES Division 1—Registration 8.1 Interpretation (1) In this Part, unless the context otherwise requires— bed means a single sleeping berth only, and a double bed provided for the use of couples has the same floor space requirements as 2 single beds; bunk means a sleeping berth comprising 1 of 2 beds arranged vertically; dormitory means a building or room utilised for sleeping purposes at a short term hostel or a recreational campsite; Food Standards Code means the Australia New Zealand Food Standards Code as defined in the Food Standards Australia New Zealand Act 1991 (Cth); keeper means a person whose name appears on the register of keepers, in respect of a lodging house, as the keeper of that lodging house; laundry unit means a group of facilities consisting of— (a) a washing machine with a capacity of not less than 4 kilograms weight of dry clothing; (b) 1 wash trough of not less than 36 litres capacity, connected to both hot and cold water; (c) either an electric drying cabinet or not less than 30 metres of clothes line; and (d) a hot water system that— (i) is capable of delivering an adequate supply of water at a temperature of at least 65 degrees Celsius for each washing machine provided with the communal facilities; and (ii) has a delivery rate of not less than 0.076 litres per second to each washing machine;

13 October 2016 GOVERNMENT GAZETTE, WA 4605 lodger means a person who obtains, for hire or reward, board or lodging in a lodging house; lodging house includes a recreational campsite, a serviced apartment, a short term hostel and any premises used for transient workforce accommodation; manager means a person duly appointed by the keeper in accordance with this Division to reside in, and have the care and management of, a lodging house; recreational campsite means a lodging house— (a) situated on a campsite principally used for— (i) recreational, sporting, religious, ethnic or educational pursuits; or (ii) conferences or conventions; and (b) where the period of occupancy of any lodger is not more than 14 consecutive days, and includes youth camps, youth education camps, church camps and riding schools but does not include a camp or caravan within the meaning of the Caravan Parks and Camping Grounds Act 1995; register of lodgers means the register kept in accordance with section 157 of the Act and this Part; resident means a person other than a lodger, who resides in a lodging house; serviced apartment means a lodging house in which each sleeping apartment, or group of sleeping apartments in common occupancy, is provided with its own sanitary conveniences and may have its own cooking facilities; short term hostel means a lodging house where the period of occupancy of any lodger is not more than 14 consecutive days and includes a youth hostel or a backpacker hostel; vector 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. (2) Where in this Part an act is required to be done or forbidden to be done in relation to any lodging house, the keeper of the lodging house has, unless the contrary intention appears, the duty of causing the act to be done, or of preventing the act so forbidden from being done, as the case may be. 8.2 Lodging house not to be kept unless registered A person shall not keep or cause or allow to be kept a lodging house unless— (a) the lodging house is constructed in accordance with the requirements of this Part; (b) the lodging house is registered by the local government under clause 8.4; (c) the name of the person keeping or proposing to keep the lodging house is entered in the register of keepers; and (d) when required by the local government either— (i) the keeper; or (ii) a manager who, with the written approval of an EHO, has been appointed by the keeper to have the care and management of the lodging house, resides or intends to reside continuously in the lodging house whenever there is 1 or more lodgers in the lodging house. 8.3 Application for registration An application for registration of a lodging house shall be— (a) in the form approved by the local government from time to time; (b) duly completed and signed by the proposed keeper; and (c) accompanied by— (i) the approved fee as fixed from time to time by the local government under section 344C of the Act; and (ii) detailed plans and specifications of the lodging house. 8.4 Approval of application The local government may approve, with or without conditions, an application by issuing to the applicant a certificate of registration in the form approved by the local government from time to time. 8.5 Renewal of registration A person who keeps a lodging house which is registered under this Part shall— (a) during the month of May in each year apply to the local government for the renewal of the registration of the lodging house in the form approved by the local government from time to time; and (b) pay the approved fee as fixed from time to time by the local government under section 344C of the Act at the time of making each application for renewal. 8.6 Notification upon sale or transfer If the owner of a lodging house sells or transfers, or agrees to sell or transfer, the lodging house to another person, he or she shall, within 14 days of the date of sale, transfer or agreement, give to the local government, in the form approved by the local government from time to time, written notice of the full name, address and occupation of the person to whom the lodging house has been, or is to be, sold or transferred.

4606 GOVERNMENT GAZETTE, WA 13 October 2016 8.7 Revocation of registration (1) Subject to subclause (3), the local government may, at any time, revoke the registration of a lodging house for any reason which, in the opinion of the local government, justifies the revocation. (2) Without limiting the generality of subclause (1), the local government may revoke a registration upon any one or more of the following grounds— (a) that the lodging house has not, to the satisfaction of the local government, been kept free from vectors of disease or remained in a clean and sanitary condition; (b) that the keeper has— (i) been convicted of an offence against this local law in respect of the lodging house; (ii) not complied with a requirement of this Part; or (iii) not complied with a condition of registration; (c) that the local government, having regard to a report from the Police Service, is satisfied that the keeper or manager is not a fit and proper person; and (d) that, by reason of alterations or additions or neglect to repair and renovate, the condition of the lodging house is such as to render it, in the opinion of the local government, unfit to remain registered. (3) Before revoking the registration of a lodging house under this local law, the local government shall give notice to the keeper requiring him or her, within a time specified in the notice, to show cause why the registration should not be revoked. (4) Whenever the local government revokes the registration of a lodging house, it shall give the keeper notice of the revocation and the registration shall be revoked as from the date on which the notice is served on the keeper. Division 2—Construction and use requirements 8.8 General construction requirements The construction of a lodging house shall comply with the Building Code and the Act. 8.9 Sanitary conveniences A keeper shall maintain in good working order and condition and in convenient positions on the premises— (a) toilets; and (b) bathrooms, each fitted with a hand wash basin and either a shower or a bath; in accordance with the requirements of the Building Code. (2) A bathroom or toilet which is used as a private bathroom or toilet to the exclusion of other lodgers or residents shall not be counted for the purposes of subclause (1). (3) Each bath, shower and hand wash basin shall be provided with an adequate supply of hot and cold water. (4) The walls of each shower and bath shall be of an impervious material to a minimum height of 1.8 metres above the floor level. (5) Each toilet and bathroom shall— (a) be so situated, separated and screened as to ensure privacy; (b) be apportioned to each sex; (c) have a distinct sign displayed in a prominent position denoting the sex for which the toilet or bathroom is provided; and (d) be provided with adequate electric lighting and ventilation. (6) Paragraphs (b) and (c) of subclause (5) do not apply to a serviced apartment 8.10 Laundry (1) A keeper shall— (a) subject to subclause (2)— (i) in the case of a recreational campsite, provide on the premises a laundry consisting of at least one 45 litre stainless steel trough; and (ii) in any other case, provide on the premises a laundry unit for each 15 lodgers; (b) at all times maintain each laundry or laundry unit in a proper sanitary condition and in good repair; (c) provide an adequate supply of hot and cold water to each wash trough, sink, or washing machine; and (d) ensure that the floor area of each laundry or laundry unit is properly surfaced with an even fall to a floor waste. (2) An EHO may approve the provision of a reduced number of laundry units if suitable equipment of a commercial type is installed.

13 October 2016 GOVERNMENT GAZETTE, WA 4607 8.11 Kitchen A keeper of a lodging house shall provide in that lodging house a kitchen— (a) which has a minimum floor area of— (i) where lodgers prepare their own meals—0.65 square metres per person; or (ii) where meals are provided by the keeper or manager—0.35 square metres per person; or (iii) where a kitchen and dining room are combined—1 square metre per person, but in any case not less than 16 square metres; (b) which has adequate— (i) food storage facilities and cupboards to prevent contamination of food, or cooking or eating utensils, by dirt, dust, flies or other vectors of disease of any kind; and (ii) refrigerator space for storage of perishable goods; and (c) that complies with the requirements of Chapter 3 of the Australia New Zealand Food Standards Code. 8.12 Dining room The keeper of a lodging house shall provide in that lodging house a dining room— (a) located in close proximity to, or combined with, the kitchen; (b) the floor area of which shall be 0.5 square metres per person or not less than 10 square metres whichever is the greater; and (c) which shall be— (i) adequately furnished to accommodate, at any one time, half of the number of lodgers; and (ii) provided with a suitable floor covering. 8.13 Lounge room The keeper of a lodging house shall provide in that lodging house, a lounge room— (a) with a floor area of— (i) where the lounge is not combined with the dining room, not less than 0.6 square metres per person; or (ii) where the lounge room is combined with a dining room, not less than 1.2 square metres per person but in either case having a minimum of 13 square metres; and (b) which shall be— (i) adequately furnished to accommodate, at any one time, half of the number of lodgers; and (ii) provided with a suitable floor covering. 8.14 Fire prevention and control (1) The keeper of a lodging house must— (a) in each passage in the lodging house provide an emergency light— (i) in the position and pattern approved by an EHO; and (ii) which must be kept separate from the general lighting system and kept illuminated during the hours of darkness; (b) provide an approved fire blanket positioned within 2 metres of the cooking area in each kitchen; (c) ensure that each exit sign and fire-fighting appliance is clearly visible, accessible and maintained in good working order at all times; and (d) ensure all fire-fighting equipment and fire detection and alarm systems are adequately maintained at all times in such a condition as will enable their proper performance. (2) The keeper of a lodging house must ensure that all buildings comprising the lodging house are fitted with fire protection equipment in accordance with the Building Code. 8.15 Obstruction of passages and stairways A keeper shall not cause or allow furniture, fittings or other things to be placed either temporarily or permanently in or on— (a) a stairway, stair landing, fire-escape, window or common passageway; or (b) part of the lodging house in common use or intended or adapted for common use, in such a manner as to form an obstruction to the free passage of lodgers, residents or persons in or occupying the lodging house. 8.16 Fitting of locks A person shall not fit, or cause or permit to be fitted, to an exit door a lock or other device which prevents the door being opened from within a lodging house.

4608 GOVERNMENT GAZETTE, WA 13 October 2016 8.17 Restriction on use of rooms for sleeping (1) Subject to subclause (3) and clause 8.31, a keeper shall not use or permit to be used as a sleeping apartment, a room in a lodging house— (a) which contains food; (b) which contains or is fitted with a cooking appliance or kitchen sink; (c) which is used as a kitchen, scullery, storeroom, dining room, general sitting room or lounge room, or for the preparation or storage of food; (d) which is not reasonably accessible without passing through a sleeping or other room in the private occupation of another person; (e) which, except in the case of a short term hostel or a recreational campsite, contains less than 5.5 square metres of clear space for each lodger occupying the room; (f) which is naturally illuminated by windows having a ratio of less than 0.1 square metres of unobstructed glass to every 1 square metre of floor area; (g) which is ventilated at a ratio of less than 0.5 square metres of unobstructed ventilating area to every 10 square metres of floor area; (h) in which the lighting or ventilation referred to in paragraphs (f) and (g) is obstructed or is not in good and efficient order; (i) which is not free from internal dampness; (j) of which any part of the floor is below the level of the adjoining ground; or (k) the floor of which is not fitted with an approved carpet or vinyl floor covering or other floor treatment approved by an EHO. (2) For the purposes of this clause, 2 children under the age of 10 years are counted as 1 lodger. (3) Paragraphs (a), (b) and (c) of subclause (1) do not apply to a serviced apartment. 8.18 Sleeping accommodation—short term hostels and recreational campsites (1) A keeper of a short term hostel or recreational campsite shall provide clear floor space of not less than— (a) 4 square metres per person in each dormitory utilising beds; and (b) 2.5 square metres per person in each dormitory utilising bunks. (2) The calculation of floor space in subclause (1) shall exclude the area occupied by any large items of furniture, such as wardrobes, but may include the area occupied by beds. (3) The minimum height of any ceiling in a short term hostel or recreational campsite shall be 2.4 metres in any dormitory utilising beds, and 2.7 metres in any dormitory utilising bunks. (4) The minimum floor area requirements in subclause (1) will only apply if there is ventilation, separation distances, fire egress and other safety requirements in accordance with the Building Code. (5) The keeper of any short term hostel or recreational campsite shall provide— (a) fixed outlet ventilation at a ratio of 0.15 square metres to each 10 square metres of floor area of the dormitories, and shall ensure that dormitories are provided with direct ventilation to the open air from a point within 230 millimetres of the ceiling level through a fixed open window or vents, carried as direct to the open air as is practicable; and (b) mechanical ventilation in lieu of fixed ventilation, subject to the approval of the local government. (6) The keeper of any short term hostel or recreational campsite shall provide— (a) beds with a minimum size of— (i) in short term hostels—800 millimetres x 1.9 metres; and (ii) in recreational campsites—750 millimetres x 1.85 metres; and (b) storage space for personal effects, including backpacks, so that cleaning operations are not hindered and access spaces are not obstructed. (7) The keeper of any short term hostel or recreational campsite shall— (a) arrange at all times a distance of 750 millimetres between beds, and a distance of 900 millimetres between bunks; (b) ensure that, where bed or bunk heads are placed against the wall on either side of a dormitory, there is a passageway of at least 1.35 metres between each row of beds and a passageway of at least 2 metres between each row of bunks, and shall ensure that the passageway is kept clear of obstruction at all times; and (c) ensure all doors, windows and ventilators are kept free of obstruction. (8) The keeper of a short term hostel or recreational campsite shall ensure that— (a) materials used in dormitory areas comply with AS 1530.2—1993 and AS/NZS 1530.3:1999 as follows— (i) Drapes, curtains, blinds and bedcovers—a maximum Flammability Index of 6; (ii) Upholstery and bedding—a maximum Spread of Flame Index of 6; and a maximum Smoke Developed Index of 5; (iii) Floor coverings—a maximum Spread of Flame Index of 7; and a maximum Smoke Developed Index of 5;

13 October 2016 GOVERNMENT GAZETTE, WA 4609 (b) Fire retardant coatings used to make a material comply with the indices set out in subclause (8)(a) must be— (i) certified by the manufacturer as approved for use with the fabric to achieve the required indices; (ii) certified by the manufacturer to retain its fire retardative effect after a minimum of 5 commercial dry cleaning or laundering operations carried out in accordance with AS 2001.5.4—2005, Procedure 7A, using ECE reference detergent; and (iii) certified by the applicator as having been carried out in accordance with the manufacturer’s specification; (c) emergency lighting is provided in accordance with the Building Code; (d) a lodger or other person does not smoke in any dormitory, kitchen, dining room or other enclosed public place within a short term hostel or recreational campsite; and (e) all mattresses in a short term hostel or recreational campsite are fitted with a mattress protector. 8.19 Furnishing of rooms (1) A keeper shall— (a) furnish each sleeping room with a sufficient number of beds and sufficient bedding of good quality; (b) ensure that each bed— (i) has a bed head, mattress and pillow; and (ii) is provided with a pillow case, mattress cover, 2 sheets, a blanket or rug and, from

1 May to 30 September, not less than 1 additional blanket or rug; and (c) furnish each bedroom so that there are adequate storage facilities for belongings within the room. (2) A keeper shall not cause or allow any tiered beds or bunks to be used in a sleeping apartment. (3) The sheets and blankets required to be provided by subclause (1)(b)(ii), shall be deemed to have been provided by the keeper, where the keeper offers them for hire to the lodgers. In such circumstances, each lodger must either provide his own clean sheets or hire them from the keeper. (4) In a short-term hostel or recreational campsite, the storage facilities required by subclause (1)(c) may be located in a separate secure storage room or locker room. 8.20 Ventilation If, in the opinion of an EHO, a kitchen, bathroom, toilet, laundry or habitable room is not adequately or properly ventilated, he or she may direct the keeper to provide a different or additional method of ventilation. 8.21 Numbers to be placed on doors (1) A keeper shall number each room available to a lodger or provide an alternative means of identification approved by an EHO. (2) The number or alternate means of identification is to be legible and easily identified. Division 3—Management and care 8.22 Keeper or manager to reside in the lodging house No keeper of a lodging house shall absent himself from such house, unless he leaves some reputable person in charge thereof. 8.23 Register of lodgers (1) A keeper shall keep a register of lodgers in the form approved by the local government from time to time. (2) The register of lodgers shall be— (i) kept in the lodging house; and (ii) open to inspection at any time on demand by any member of the Police Service or by an EHO. 8.24 Keeper report A keeper shall, whenever required by the local government, report to the local government, in the form approved by the local government from time to time, the name of each lodger who lodged in the lodging house during the preceding day or night. 8.25 Certificate in respect of sleeping accommodation (1) An EHO may issue to a keeper, a certificate, in respect of each room, which shall be in the form approved by the local government from time to time. (2) The certificate issued under subclause (1) shall specify the maximum number of persons permitted to occupy each room of a sleeping apartment at any one time. (3) When required by an EHO, a keeper shall exhibit the certificate issued under this clause in a conspicuous place in the room to which it refers. (4) A person shall not cause or allow a greater number of persons than is specified on a certificate issued under this clause to occupy the room to which it refers.

4610 GOVERNMENT GAZETTE, WA 13 October 2016 8.26 Duplicate keys and inspection Each keeper and manager of a lodging house shall— (a) retain possession of a duplicate key to the door of each room; and (b) when required by an EHO, open the door of any room for the purposes of inspection by the EHO. 8.27 Room occupancy (1) A keeper shall not— (a) cause or allow more than the maximum number of persons permitted by the certificate of registration of the lodging house to be lodged at any one time in the lodging house; (b) cause or allow to be placed or kept in any sleeping apartment— (i) a larger number of beds; or (ii) larger quantity of bedding, than is required to accommodate and provide for the maximum number of persons permitted to occupy the sleeping apartment at any one time; and (c) use, or cause, or allow to be used, for sleeping purposes, a room that— (i) has not been certified for that purpose; and (ii) the local government has forbidden to be used as a sleeping apartment. (2) For the purpose of this clause, 2 children under 10 years of age shall be counted as 1 lodger. 8.28 Maintenance of a room by a lodger or resident (1) A keeper may permit, or contract with, a lodger or resident to service, clean or maintain the room or rooms occupied by the lodger or resident. (2) Where permission is given or a contract entered into under subclause (1), the keeper shall— (a) inspect each room the subject of the permission or agreement at least once a week; and (b) ensure that each room is being maintained in a clean condition. (3) A lodger or resident who contracts with a keeper to service, clean or maintain a room occupied by him or her, shall maintain the room in a clean condition. 8.29 Cleaning and maintenance requirements (1) In this clause— bed linen includes sheets, pillow cases and mattress covers. (2) A keeper of a lodging house shall— (a) maintain in a clean, sound and undamaged condition— (i) the floor, walls, ceilings, woodwork and painted surfaces; (ii) the floor coverings and window treatments; and (iii) the toilet seats; (b) maintain in a clean condition and in good working order— (i) all fixtures and fittings; and (ii) windows, doors and door furniture; (c) ensure that the internal walls of each bathroom and toilet are painted so as to maintain a smooth impervious washable surface; (d) ensure that all floors are kept clean at all times; (e) ensure that— (i) all bed linen, towels, and house linen in use are washed at least once a week; (ii) within a reasonable time of a bed having been vacated by a lodger or resident, or prior to the room being re-let, the bed linen is removed and washed; (iii) a person does not occupy a bed which has been used by another person unless the bed has been provided with clean bed linen; (iv) all beds, bedsteads, blankets, rugs, covers, bed linen, towels and house linen are kept clean, in good repair and free from vectors of disease; (v) when any vectors of disease are found in a bed, furniture, room or sleeping apartment, immediate effective action is taken to eradicate the vectors of disease; and (vi) a room which is not free from vectors of disease is not used as a sleeping apartment; (f) when so directed by an EHO, ensure that— (i) a room, together with its contents, and any other part of the lodging house, is cleaned and disinfected; and (ii) a bed or other article of furniture is removed from the lodging house and properly disposed of; (g) ensure that the yard is kept clean at all times; (h) provide all bedrooms, passages, common areas, toilets, bathrooms and laundries with adequate lighting; and (i) comply with any direction, whether orally or in writing, given by an EHO.

13 October 2016 GOVERNMENT GAZETTE, WA 4611 8.30 Responsibilities of lodgers and residents A lodger or resident shall not— (a) use any room available to lodgers— (i) as a shop, store or factory; or (ii) for manufacturing or trading services; (b) keep or store in or on the lodging house any goods or materials that are inflammable or offensive; (c) use a bath or hand wash basin other than for ablutionary purposes; (d) use a bathroom facility or fitting for laundry purposes; (e) use a sink installed in a kitchen or scullery for any purpose other than the washing and cleaning of cooking and eating utensils, other kitchenware and culinary purposes; (f) deposit rubbish or waste food other than into a proper rubbish receptacle; (g) in a kitchen or other place where food is kept— (i) wash or permit the washing of clothing or bedding; or (ii) keep or permit to be kept any soiled clothing or bedding; (h) subject to clause 8.31— (i) keep, store, prepare or cook food in any sleeping apartment; or (ii) unless sick or invalid and unable to leave a sleeping apartment for that reason, use a sleeping apartment for dining purposes; (i) place or keep, in any part of a lodging house, any luggage, clothing, bedding, or furniture that is infested with vectors of disease; (j) store or keep such a quantity of furniture, material or goods within the lodging house— (i) in any kitchen, living or sleeping apartment so as to prevent the cleaning of the floors, walls, fittings or fixtures; or (ii) in a sleeping apartment so as to decrease the air space to less than the minimum required by this Part; (k) obstruct or prevent the keeper or manager from inspecting or examining the room or rooms occupied by the lodger or resident; or (l) fix any fastener or change any lock to a door or room without the written approval of the keeper. 8.31 Approval for storage of food (1) An EHO may— (a) upon written application from a keeper, approve the storage of food within a refrigerator or sealed container in a sleeping apartment; and (b) withdraw the approval if a nuisance or vector of disease infestation is found to exist in the lodging house. (2) The keeper of a serviced apartment may permit the storage and consumption of food within that apartment if suitable storage and dining facilities are provided. PART 9—OFFENSIVE TRADES Division 1—General 9.1 Interpretation occupier in relation to premises includes the person registered as the occupier of the premises specified in the certificate of registration; offensive trade means any 1 or more of the trades, businesses or occupations usually carried on, in, or connected with, the following works or establishments— (a) fat rendering premises; (b) fish processing establishments (not including retail fish shops) in which whole fish are cleaned and prepared on site; (c) shellfish and crustacean processing establishments (not including retail fish shops) where shellfish and crustaceans are processed, cleaned or prepared on site; (d) flock factories; (e) laundries, dry cleaning premises; (f) fellmonger, not including a premises where pre-treated skins and hides are sorted and boxed for distribution; and (g) any trade as defined in section 186 of the Act; and premises includes houses. 9.2 Consent to establish an offensive trade (1) A person seeking the consent of the local government under section 187 of the Act to establish an offensive trade shall make an application in the form approved by the local government from time to time and in accordance with the local government’s Local Planning Scheme.

4612 GOVERNMENT GAZETTE, WA 13 October 2016 (2) A person who makes an application under subclause (1) shall also provide the Manager Environmental Health with suitable scale plans of the premises showing the following— (a) proposed use of every room, including location of sanitary conveniences; (b) structural finishes of all wall, floor and ceiling surfaces; (c) the position and type of all fixtures and fittings; (d) plans and specifications of ventilation systems; (e) provisions for drainage, including plumbing details and grease traps; and (f) plans and specifications of all equipment specifically used for the prevention of nuisances, such as odour control. 9.3 False statement A person who makes a false statement in an application under clause 9.2 commits an offence. 9.4 Registration of premises An application for the registration of premises pursuant to section 191 of the Act shall be— (a) in the form approved by the local government from time to time; (b) accompanied by the fee prescribed in the Health (Offensive Trades Fees) Regulations 1976; and (c) lodged with the local government. 9.5 Certificate of registration Upon the registration of premises for the carrying on of an offensive trade, the local government shall issue to the applicant a certificate in the form approved by the local government from time to time. 9.6 Change of occupier Where there is a change of occupier of the premises registered pursuant to this Division, the new occupier shall forthwith notify the CEO in writing of such change. 9.7 Alterations to premises While any premises remain registered under this Division, a person shall not, without the written permission of the local government, make or permit any change or alteration whatever to the premises. Division 2—General duties of an occupier 9.8 Interpretation occupier means the occupier, or where there is more than 1 occupier, each of the occupiers of the premises in or upon which an offensive trade is carried on; and the premises means those premises in or upon which an offensive trade is carried on. 9.9 Cleanliness (a) ensure the premises is kept and maintained in a clean and sanitary condition and that floors, walls, ceilings and other portions of the premises are kept in a state of good repair; (b) ensure all fittings, fixtures, appliances, machinery, implements, shelving, furniture, bins, sinks, drain boards, grease traps, tubs, vessels and other things used on or in connection with the premises are kept in a clean and sanitary condition and in a good state of repair; (c) keep the premises free from any offensive odour arising from the premises; (d) maintain in a clean and tidy condition, all yards, footpaths, passageways, paved areas, stores or outbuildings used in connection with the premises; and (e) clean daily, and at all times keep and maintain all sanitary conveniences and all sanitary fittings and grease traps on the premises, in a clean and sanitary condition. 9.10 Rats and other vectors of disease (a) ensure that the premises are kept free from rodents, cockroaches, flies and other vectors of disease; and (b) provide in and on the premises all effective means and methods for the eradication and prevention of rodents, cockroaches, flies and other vectors of disease. 9.11 Sanitary conveniences and hand wash basins The occupier shall provide on the premises, in an approved position, sufficient sanitary conveniences and hand wash basins, each with an adequate supply of hot and cold water, for use by employees and by all other persons lawfully upon the premises. 9.12 Painting of walls etc The occupier shall cause the internal surface of every wall, the underside of every ceiling or roof, and all fittings as may be directed in and on the premises, to be cleaned and painted when instructed by an EHO.

13 October 2016 GOVERNMENT GAZETTE, WA 4613 9.13 Effluvia, vapours or gases (a) provide, use and maintain in a state of good repair and working order, appliances and preventive measures capable of effectively destroying, or of rendering harmless, all offensive effluvia, vapours, dust or gases arising in any process of his or her business or from any material, residue or other substance which may be kept or stored upon the premises; and (b) manage and operate the premises such that odours emanating from the premises do not unreasonably interfere with the health, welfare, convenience, comfort or amenity of any person. 9.14 Offensive material (a) provide on the premises, impervious receptacles of sufficient capacity to receive all offensive material and trade refuse produced upon the premises in any one day; (b) keep airtight covers on the receptacles, except when it is necessary to place something in or remove something from them; (c) cause all offensive material and trade refuse to be placed immediately in the receptacles; (d) cause the contents of the receptacles to be removed from the premises at least once in every working day or at such other intervals as may be approved or directed by an EHO; and (e) cause all receptacles after being emptied to be cleaned immediately with an efficient disinfectant. 9.15 Storage of materials The occupier shall cause all material on the premises to be stored so as not to be offensive or injurious to health whether by smell or otherwise and so as to prevent the creation of a nuisance. 9.16 Specified offensive trades (1) For the purposes of this clause, specified offensive trade means one or more of the offensive trades carried on, in, or connected with, the following works or premises— (a) fat rendering premises; and (b) laundries, dry cleaning premises and dye works. (2) Where premises are used for, or in relation to, a specified offensive trade, the occupier shall— (a) cause the floor of the premises to— (i) be properly paved and drained with impervious materials; (ii) have a smooth surface; and (iii) have a fall to a bucket trap or spoon drain in such a way that all liquids falling on the floor shall be conducted by the trap or drain to a drain inlet situated inside the building where the floor is situated; (b) cause the angles formed by the walls with any other wall, and by the wall with the floor, to be coved to a radius of not less than 25 millimetres; and (c) cause all liquid refuse to be— (i) cooled to a temperature not exceeding 26 degrees Celsius and in accordance with the Country Areas Water Supply Act 1947 and the Water Services Act 2012, before being discharged into any drain outlet from any part of the premises; and (ii) directed through such screening or purifying treatment as an EHO may from time to time direct. 9.17 Directions (1) An EHO may give to the occupier, directions to prevent or diminish the offensiveness of a trade or to safeguard the public health. (2) The occupier shall comply with any directions given under this clause. 9.18 Other duties of occupier In addition to the requirements of this Division, the occupier shall comply with all other requirements of this Part that apply to the particular offensive trade or trades carried on by him. Division 3—Fish premises 9.19 Interpretation fish premises may include a fish-processing establishment, fish curing establishment and a shellfish and crustacean-processing establishment. 9.20 Duties of an occupier The occupier of a fish premises shall— (a) not suffer or permit any decomposing fish to be kept on the premises where his trade is carried on for a longer period than is reasonably necessary to dispose of them; (b) cause all decomposing fish to be immediately deposited in an impervious receptacle furnished with an airtight cover; and

4614 GOVERNMENT GAZETTE, WA 13 October 2016 (c) cause the brine of pickle to be removed as often as is necessary to prevent it from becoming offensive. 9.21 Disposal of waste The occupier of a fish premises shall cause all offal and wastes, all rejected and unsaleable fish and any rubbish or refuse which is likely to be offensive or a nuisance to be— (a) placed in the receptacles referred to in clause 9.14 and disposed of in accordance with that clause; or (b) kept in a frozen state in an approved enclosure before its removal from the premises. 9.22 Fish containers The occupier of a fish premises shall not allow any container used for the transport of fish to— (a) remain on the premises longer than is necessary for it to be emptied; or (b) be kept so as to cause a nuisance or to attract flies. Division 4—Laundries, dry cleaning establishments and dye works 9.23 Interpretation dry cleaning establishment means premises where clothes or other articles are cleaned by use of solvents without using water, but does not include premises in which perchlorethylene or arklone is used as dry cleaning fluid in a machine operating on a full cycle and fully enclosed basis; dye works means a place where articles are commercially dyed, but does not include dye works in which provision is made for the discharge of all liquid waste into a public sewer; exempt laundromat means a premises in which— (a) laundering is carried out by members of the public using, on payment of a fee, machines or equipment provided by the owners or occupiers of those establishments; (b) laundering is not carried out by those owners or occupiers for or on behalf of other (c) provision is made for the discharge of all liquid waste into a public sewer; laundromat means a public place with coin operated washing machines, spin dryers or dry cleaning machines; and laundry means any place where articles are laundered by commercial grade machinery but does not include an exempt laundromat. 9.24 Receiving depot An owner or occupier of premises shall not use or permit the premises to be used as a receiving depot for a laundry, dry cleaning establishment or dye works except with the written permission of an EHO who may at any time by written notice withdraw such permission. 9.25 Reception room (1) The occupier of a laundry, dry cleaning establishment or dye works shall— (a) provide a reception room in which all articles brought to the premises for treatment shall be received and shall not receive or permit to be received any such articles except in that room; and (b) cause such articles as may be directed by an EHO to be thoroughly disinfected to the satisfaction of the officer. (2) A person shall not bring or permit food to be brought into the reception room referred to in this clause. 9.26 Walls and floors The occupier of a laundry, dry cleaning establishment or dye works shall cause— (a) the internal surfaces of all walls to be rendered with a cement plaster with a steel float finish or other approved material to a height of 2 metres and to be devoid of holes, cracks or crevices; (b) the floor to be impervious, constructed of concrete and finished to a smooth surface; and (c) every floor and wall of any building on the premises to be kept at all times in good order and repair, so as to prevent the absorption of any liquid which may be splashed or spilled or may fall or be deposited on it. 9.27 Laundry floor The occupier of a laundry shall provide in front of each washing machine, a non-corrosive grating, with a width of at least 910 millimetres, so constructed as to prevent any person from standing in water on the floor. 9.28 Escape of dust The occupier of a dry cleaning establishment shall provide effective means to prevent the escape into the open air of all dust or other material from the premises.

13 October 2016 GOVERNMENT GAZETTE, WA 4615 9.29 Precautions against combustion The occupier of a dry cleaning establishment where volatile liquids are used shall take all proper precautions against combustion and shall comply with all directions given by an EHO for that purpose. 9.30 Trolleys The occupier of a laundry or dry cleaning establishment shall— (a) provide trolleys for the use of transporting dirty and clean linen; and (b) ensure that each trolley is— (i) clearly designated to indicate the use for which it is intended; (ii) lined internally with a smooth, impervious, non-absorbent material that is easily cleaned; and (iii) thoroughly cleaned and disinfected on a regular basis. 9.31 Sleeping on premises A person shall not use or permit any room in a laundry, dry cleaning establishment or dye works to be used for sleeping purposes. PART 10—OFFENCES AND PENALTIES 10.1 Offences and penalties (1) A person who contravenes a provision of this local law commits an offence. (2) A person who commits an offence under subclause (1) is liable— (a) to a penalty which is not more than $2 500 and not less than— (i) in the case of a first such offence, $250; (ii) in the case of a second such offence, $500; and (iii) in the case of a third or subsequent such offence, $1 250; and (b) if the offence is a continuing offence a daily penalty which is not more than $250 and not less than $125. ———— This Local Law was made by the Town of Port Hedland at an Ordinary Meeting held on 27 July 2016. The Common Seal of the Town of Port Hedland was affixed by authority of a resolution of the Council in the presence of— K. HOWLETT, Mayor. C. LINNELL, Acting Chief Executive Officer. On this 16th day of August 2016. ———— Consented to— TARUN WEERAMANTHRI, Executive Director, Public Health. Dated this 1st day of September 2016.

13 October 2016 GOVERNMENT GAZETTE, WA 4617 ANIMALS, ENVIRONMENT AND NUISANCE LOCAL LAW 2016 Under the powers conferred by the Health Act 1911, the Local Government Act 1995 and under all other powers enabling it, the Council of the Town of Port Hedland resolved on 27 July 2016 to make the following local law. This local law is cited as the Town of Port Hedland Animals, Environment and Nuisance Local Law 2016. 1.2 Commencement This local law comes into operation on the same day it is published in the Government Gazette. 1.3 Application This local law applies throughout the district. 1.4 Repeal The Town of Port Hedland Local Law Cat Control, as published in the Government Gazette on 14 May 1999, is repealed. 1.5 Purpose and effect (1) The purpose of this local law is to provide for the regulation, control and management of animals and the prevention of environmental damage and nuisances within the district. (2) The effect of this local law is to establish the requirements with which any person keeping animals, or undertaking activities that have the potential to impact the environment or create nuisance must comply with. 1.6 Definitions (1) In this local law, unless the context otherwise requires— Act means the Local Government Act 1995; affiliated person means a person who is a member of a poultry or pigeon club incorporated under the Associations Incorporation Act 2015; amusement means anything usually conducted for amusement at a fair, a carnival or a show, whether conducted at a fair, a carnival or a show or elsewhere; approved animal means any farm animal which is the subject of a licence; authorised person means a person appointed by the local government, under section 9.10 of the Act to perform all or any of the functions conferred on an authorised person under this local law; aviary bird means any bird, other than poultry or pigeons, kept, or usually kept in an aviary or cage; birds includes poultry; builder means the holder of a building permit issued in respect of building works on a building site or a person in control of a building site; Building Code means the latest edition of the Building Code of Australia published by, or on behalf of, the Australian Building Codes Board, as amended from time to time, but not including explanatory information published with the Building Code; building permit has the meaning given to it by the Building Act 2011; building site means any lot for which a building permit is current; cat organisation means an organisation or association referred to in regulation 23(c) of the Cat Regulations 2012;

4618 GOVERNMENT GAZETTE, WA 13 October 2016 Class 6 building means any Class 6 building as defined by the Building Code; Class 9 building means any Class 9 building as defined by the Building Code; Code of Practice—Pigeon Keeping means the Code of Practice for Pigeon Keeping and Racing in Western Australia as prescribed by the Animal Welfare (General) Regulations 2003 and amended from time to time; cow includes an ox, calf or bull; development has the meaning given to it in the Planning and Development Act 2005; development approval means a development approval under a local planning scheme; development site includes any lot or lots for which there is currently a development or subdivision approval, and any lot or lots upon which construction work, earthworks, clearing of scrub, trees or overgrowth or any other site works are taking or have taken place; district means the district of the local government; disused means, in relation to any thing whatsoever, that the thing— (a) is not in use for the purpose for which it was designed or appears to have been designed or intended; or (b) has been stored or left stationary on land in the district for more than 1 month; dust means any visible granular or particulate material which has or has the potential to become airborne and includes organic and non-organic matter and sand, but does not include smoke; EHO means an environmental health officer appointed by the local government under the Health Act 1911, and includes any acting or assistant environmental health officer; equipment means equipment, machinery or vehicles used for, or in connection with, the development of land; farm animal includes a sheep, cow, goat, horse (excluding a miniature horse), deer, alpaca, pig (excluding a miniature pig); food has the same meaning as is given to it in section 9 of the Food Act 2008; food business has the same meaning as is given to it under section 10 of the Food Act 2008; food premises means any premises including land, vehicles, parts of structures, tents, stalls and other temporary structures, boats, pontoons and any other place declared by the local government to be premises under the Food Act 2008 kept or used for the handling of food for sale, but does include food vending machines or vehicles used only to transport food; horse means a stallion, mare, gelding, shetland pony, pony, colt or foal, and includes an ass, mule, donkey and any beast of whatever description used for burden or draught or for carrying persons; land includes any building or structure on the land; licence means a licence issued under this local law; licence holder means a person who holds a valid licence issued under this local law; liquid waste means waste from any process or activity that is in liquid form and includes paint, fuel, grease, fat, oil, degreaser solvent, detergent, chemical, animal waste, food waste, effluent and all discharges of liquid to land, air or water that are not otherwise authorised by a written law but does not include uncontaminated stormwater; livestock means any horse, cow, sheep, goat, swine, buffalo, deer, camel, llama or alpaca; livestock vehicle means a vehicle that contains livestock or previously has been used for the carriage of livestock; local government means the Town of Port Hedland; local planning scheme has the meaning given to it by the Planning and Development Act 2005; lot has the meaning given to it by the Planning and Development Act 2005; manure receptacle means a receptacle of sufficient capacity to receive all manure produced in 1 week on premises upon which a farm animal or farm animals are kept, constructed of smooth, durable, impervious materials, fitted with a fly proof, hinged cover and with no part of the floor lower than the adjoining ground; miniature horse means a horse which meets the standard and height for a miniature horse as described by the Miniature Horse Association of Australia Inc; miniature pig means a pig that does not exceed 650 millimetres in height as an adult and weighs less than 55 kilograms; 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; occupier means any person who is in control of any land or part of any land or authorised by the owner, lessee, licensee or any other person empowered to exercise control in relation to land to perform any work in relation to any land and includes a builder or contractor;

13 October 2016 GOVERNMENT GAZETTE, WA 4619 pigeon includes homing pigeons and other domesticated breeds of the species Columba livia, but does not include native pigeons or doves whether or not the keeping of such birds is subject to the approval of the Department of Parks and Wildlife; poultry includes fowls, roosters, ducks, peafowls, turkeys, geese, guinea fowls, pheasants and other birds commonly kept for the production of eggs or meat for domestic consumption; refuse means any waste material including bricks, lime, cement, concrete, rubble, stones, iron, timber, tiles, bags, plastics, ashes, vegetation, timber, wood or metal shavings, sawdust, and waste food, and includes any broken, used, derelict or discarded matter; residential building has the meaning given to it in the Residential Design Codes of Western Australia as amended; Residential Design Codes means the Residential Design Codes developed by the Department of Planning to provide the basis for the control of residential development throughout Western Australia; residential zone includes any area zoned “Residential” and “Urban Development” under a local planning scheme; rural zone means any area zoned “Rural” or “Rural Residential” under a local planning scheme; sand means granules or particles of rock, earth, clay, loam, silt and any other granular, particulate or like material including dust and gravel; stormwater means any naturally occurring water that results from rainfall on or around a site, or water flowing onto the site; street means any highway or thoroughfare which the public is entitled to use, including the verge and other things including bridges and culverts appurtenant to it; subdivision approval means a subdivision approval under the Planning and Development Act 2005; townsite includes the townsites of Port Hedland, South Hedland, Wedgefield and the South Hedland Rural Estate, which are— (a) constituted under section 26(2) of the Land Administration Act 1997; or (b) referred to in clause 37 of Schedule 9.3 of the Act; truck means a motor vehicle having a tare weight in excess of 3 000 kilograms; unreasonable noise has the meaning given to it by the Environmental Protection Act 1986; and vermin includes rats, mice, flies, fleas, mites, lice, 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. (2) Any other expression used in this local law and not defined herein shall have the meaning given to it in the Act. (3) Where, in this local law, a duty, obligation or liability is imposed on an “owner or occupier” the duty shall be deemed to be imposed jointly and severally on each owner and occupier. (4) Where, under this local law, the local government is authorised to carry out actions, or cause to be undertaken works, as a consequence of the failure of any person to comply with the terms of a notice or other conduct, the right to enter land is at all times subject to the provisions of Part 3, Division 3, subdivision 3 of the Act. PART 2—KEEPING OF ANIMALS Division 1—Animals In this Division, unless the context otherwise requires, animal includes cats, dogs, rabbits and ferrets or the like. 2.2 Cleanliness An owner or occupier of premises in or on which a dog, cat or other animal is kept shall— (a) keep the premises free from excrement, filth, food waste and all other matter which is or is likely to become offensive or injurious to health, or to attract rats or other vectors of disease; (b) when so directed by an EHO, clean and disinfect the premises; and (c) keep the premises, so far as possible, free from flies or other vectors of disease, by spraying with a residual insecticide or other effective means. 2.3 Animal enclosures (1) A person shall not keep or cause, or permit to be kept, any animals on premises which are not effectively drained or of which the drainage flows to the walls or foundations of any building. (2) The owner or occupier of premises where animals are kept shall, when directed by an EHO, pave, grade and drain the floors of all structures and the surface of the ground of all enclosures used for the keeping of animals. 2.4 Cats (1) Subject to subclauses (6) and (7), a person shall not, without an exemption in writing from the local government, keep more than 3 cats over the age of 6 months, or if the person is a member of a cat organisation a maximum of 9 cats can be kept, on premises on any land within the district.

4620 GOVERNMENT GAZETTE, WA 13 October 2016 (2) An owner or occupier of premises may apply in writing to the local government for exemption from the requirements of subclause (1). (3) The local government shall not grant an exemption under subclause (2) unless it is satisfied that the number of cats to be kept will not be a nuisance or injurious or dangerous to health. (4) An exemption granted under this clause shall specify— (a) the owner or occupier to whom the exemption applies; (b) the premises to which the exemption applies; and (c) the maximum number of cats which may be kept on the premises. (5) Subject to the Cat Act 2011, a person who is granted an exemption under subclause (3) may be required to house, or keep cats in such manner as directed by an EHO. (6) A person may keep more than 3 cats over the age of 6 months on premises used for veterinary purposes or as a pet shop. (7) A person shall not breed cats on any premises unless the person is an approved cat breeder under the Cat Act 2011. Division 2—Keeping of birds 2.5 Interpretation In this Division, unless the context otherwise requires, approval means an approval to keep birds 2.6 Keeping of poultry and pigeons in a residential zone (1) An owner or occupier of premises in a residential zone shall not keep or permit to be kept on the premises any poultry or pigeons— (a) unless approved by the local government in accordance with clause 2.8; or (b) otherwise than in accordance with subclause (2). (2) An owner or occupier of premises in a residential zone shall not keep or permit to be kept on the premises— (a) more than 10 poultry; and (b) more than 12 pigeons unless the owner or occupier is an affiliated person in which case the maximum number of pigeons may be increased to 50. 2.7 Application for approval to keep poultry and pigeons in a residential zone (1) Where an owner or occupier of premises within a residential zone wishes to keep more than the number of poultry or pigeons stated in subclause 2.6(2), then local government may approve the keeping of poultry or pigeons in accordance with these local laws subject to the following— (a) the owner or occupier submitting an application to the local government, shall— (i) specify the number of poultry or pigeons proposed to be kept; and (ii) include a site plan showing lot size, location of enclosure, distance from boundaries and buildings and proximity to houses on adjoining land. (2) The local government may, at its discretion, conduct public consultation with all owners/occupiers whose property abuts the applicant’s property prior to the application being determined. (3) The local government may approve, with or without conditions, or refuse to approve an application received under this clause. (4) Where an approval for the keeping of poultry or pigeons is issued subject to conditions, the holder of the approval shall comply or cause compliance with those conditions. 2.8 Conditions for keeping of poultry A person who keeps poultry or permits poultry to be kept shall ensure that— (a) no poultry shall be kept less than 9 metres from any residential building; (b) no poultry is able to approach within 9 metres of a public street, public building, commercial premises or food premises; (c) all poultry is kept in a properly constructed and securely fastened structure; (d) the structure has an impervious floor laid with a fall to the front of at least 1 in 50; (e) all structures or enclosures within which poultry are kept are maintained at all times in a clean condition; and (f) all poultry is kept continually confined in the enclosure. 2.9 Roosters, geese, turkeys and peafowl Except on land in a rural or rural residential zone, and with the prior written permission of the local government, an owner or occupier of premises shall not keep any of the following— (a) roosters; (b) geese; (c) turkeys; or (d) peafowls.

13 October 2016 GOVERNMENT GAZETTE, WA 4621 2.10 Conditions for keeping of pigeons (1) A person who keeps pigeons, or permits pigeons to be kept, shall ensure that— (a) all pigeons are kept in a properly constructed pigeon loft, except where registered homing pigeons are freed for exercise; (b) all structures or enclosures within which pigeons are kept are maintained at all times in a clean condition; (c) no opening to a pigeon loft, including openings for ventilation, is within 9 metres of any residential building; and (d) no opening to a pigeon loft, including openings for ventilation, is within 15 metres of a public street, public building, commercial premises or food premises. (2) An affiliated person who keeps pigeons, or permits pigeons to be kept, shall do so in accordance with the Code of Practice—Pigeon Keeping, subject to the provisions of this local law. 2.11 Termination of approval to keep poultry or pigeons If an owner or occupier of premises to whom an approval to keep poultry or pigeons has been granted by the local government pursuant to subclause 2.6(3)— (a) breaches a condition of the approval; (b) breaches clause 2.8 or clause 2.10 of this local law; or (c) fails to comply with a written notice served by the local government in relation to the keeping of poultry or pigeons, then the local government may cancel its approval upon written notice of such cancellation being given to the owner or occupier within 28 days of the breach or failure to comply as the case may be. 2.12 Restrictions on pigeon nesting and perching The local government may order an owner or occupier of a house on or in which pigeons are, or are in the habit of nesting or perching, to take reasonable steps to prevent them from continuing to do so. 2.13 Conditions of keeping aviary birds A person who keeps, or permits to be kept, aviary birds shall ensure that— (a) the aviary or cage in which the birds are kept is located at least 1 metre from any lot boundary and at least 5 metres from a residential building on any other lot; (b) there is a floor beneath the roofed area of the aviary or cage which is constructed of smooth, impervious material with a gradient of at least 1 in 50 to the front of the aviary or cage; (c) the aviary or cage is kept in clean condition and good repair at all times; (d) all feed for the birds other than that intended for immediate consumption is stored in vermin proof containers; and (e) effective measures are taken to prevent the attraction or harbourage of vermin. 2.14 Nuisance caused by birds An owner or occupier of land shall not keep any bird or birds which— (a) are or create a nuisance; or (b) emit an unreasonable noise. Division 3—Keeping of bees 2.15 Interpretation In this Division, unless the context otherwise requires, approval means an approval to keep bees 2.16 Approval required to keep bees (1) A person shall not keep or permit the keeping of bees on land within a townsite in the district. (2) A person shall not keep bees or allow bees to be kept on land outside a townsite within the district, except in accordance with an approval issued by the local government in relation to the land. 2.17 Nuisance A person shall not keep, or allow to be kept, bees or bee hives, or both, on land so as to create a nuisance. 2.18 Notice to remove bees (1) Whenever, in the opinion of the local government, a person has contravened any provision of the Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013 or of this local law which relates to the keeping of bees or bee hives, the local government may give the approval holder, in relation to that land, or if there is no valid approval in relation to that land, an owner or occupier of the land, a written notice requiring her or him to remove any bees or bee hives, or both, from the land within the time specified in the notice. (2) Subject to Division 1 of Part 9 of the Act, on the giving of a notice referred to in subclause (1), any valid licence given by the local government relating to the keeping of bees or bee hives on that land is cancelled from the time specified in the notice, being not less than 7 days from the date it is given.

4622 GOVERNMENT GAZETTE, WA 13 October 2016 (3) Where a person fails to comply with a notice given under subclause (1), the local government may dispose of the bees or the bee hives or both, in such manner as it sees fit and recover the costs of so doing from the approval holder, or an owner or occupier, as the case may be, as a debt due to it. Division 4—Keeping of farm animals 2.19 Interpretation In this Division, unless the context otherwise requires, licence means a licence to keep farm animals 2.20 Licence required to keep farm animals Subject to clause 2.25, an owner or occupier of land shall not keep, or allow to be kept, any farm animal unless— (a) in accordance with a valid licence authorising the keeping of such a farm animal issued in relation to the land pursuant to clause 2.23; or (b) in a rural zone; or (c) it is on land approved by the local government for the stabling of horses. 2.21 Application for a licence to keep farm animals An application for a licence required by clause 2.20 shall be in the form approved by the local government and shall include the following information— (a) a plan of the property, at a scale not less than 1:200, with dimensions clearly marked, showing where it is proposed that the animal is to be kept and the distance of that location from any residential building on another lot, Class 6 building or Class 9 building, business premises or food premises; (b) a sketch plan, at a scale of 1:100, indicating the nature of the shelter or housing to be provided for the animal; (c) a detailed written plan for the management of manure which addresses— (i) control of flies and other vermin; (ii) disease prevention; and (iii) prevention of nuisance odours; and (d) the appropriate application and licence fees as determined from time to time by the local government in accordance with sections 6.16 to 6.19 of the Act. 2.22 Determination of application to keep farm animals (1) Subject to clause 2.23, the local government may— (a) refuse to determine an application for a licence which does not comply with clause 2.21; (b) approve an application for a licence subject to such conditions as it considers appropriate; or (c) refuse to approve an application for a licence. (2) Where an application for a licence is approved subject to conditions, the licence holder shall comply with those conditions or cause compliance with those conditions. (3) Where the local government approves an application under subclause (1)(b), it is to issue to the applicant a licence in the form approved by the local government. (4) A licence is valid from the date of issue until 30 June the following year, unless it is cancelled prior to that date under this local law. 2.23 Conditions of approval to keep farm animals (1) A licence shall not be granted pursuant to clause 2.22— (a) unless the land for which the approval is sought is of such dimensions and configuration as will permit the subject animal to be confined in a minimum cleared area of 1 000 square metres and prevented from approaching within 15 metres of any residential building, Class 6 building or Class 9 building, business premises or food premises; (b) in the case of a horse (other than a miniature horse) or cow, unless the land for which the approval is sought has a minimum area of 1 hectare; or (c) for the keeping of any pig (other than a miniature pig). (2) The local government shall take into account the opinions of occupiers of adjoining properties in determining whether to grant approval for the keeping of a farm animal. (3) Approval to keep a farm animal may be issued subject to conditions, including— (a) that a stable or shelter is provided for housing the approved animal; (b) that a manure receptacle is provided in a position convenient to the shelter or place where the approved animal is kept, and that the receptacle is used for the receipt of all manure produced on the premises; or (c) any other conditions that the local government considers necessary for the protection of the health and amenity of the neighbourhood; and such conditions may be imposed at any time subsequent to the initial approval.

13 October 2016 GOVERNMENT GAZETTE, WA 4623 2.24 Variation or cancellation of licence to keep farm animals and conditions of licence (1) The local government may vary the conditions of a licence after it has been issued, and shall give notice of such variation to the licence holder. (2) The local government may cancel a licence in the event the licence holder— (a) fails to comply with any condition set under subclause 2.22(1)(b); (b) after being notified of a variation under subclause (1) fails to comply with the varied condition; (c) breaches clause 2.25 or clause 2.28 of this local law; or (d) fails to comply with a notice of breach issued under clause 6.1. (3) The local government may cancel a licence in the event the licence holder— (a) fails to comply with any condition of the licence; (b) breaches clause 2.25 or clause 2.26 of this local law; or (c) fails to comply with a notice of breach issued under clause 6.1. 2.25 Conditions for keeping farm animals (1) An owner or occupier of premises upon which a farm animal or farm animals are kept, shall— (a) maintain the place or places where the animals are kept in clean condition; (b) ensure that any farm animal or farm animals kept on the premises do not cause or constitute a nuisance; (c) maintain the premises free from flies or other vermin by spraying with residual insecticide or other effective means; (d) if a manure receptacle is required to be used— (i) cause all manure produced on the premises to be collected daily and placed in the receptacle; (ii) cause the receptacle to be emptied as often as is necessary to prevent it becoming offensive or a breeding place for flies or other vermin, but in any case at least once a week; and (iii) keep the lid of the receptacle closed except when manure is being deposited or removed; and (e) not permit any farm animal to approach within 15 metres of any residential building, food premises, Class 6 building or a Class 9 building, or a business or commercial premises. (2) An owner or occupier of premises in a rural zone shall not keep more than 1 pig, except with the express written approval of the local government. 2.26 Keeping a miniature horse (1) An owner or occupier of a premises may— (a) keep a sterilised miniature horse on land of not less than 1 000 square metres in area that is zoned rural; or (b) keep a sterilised miniature horse on land approved for the purposes of stabling a horse. (2) An owner of occupier of premises shall— (a) not keep more than 1 miniature horse on land zoned residential or special rural without the written approval of the local government or an authorised person; and (b) not permit a miniature horse to come within 9 metres of any house. (3) The local government or an authorised person may prohibit the keeping of a miniature horse on any land or may state the conditions under which a miniature horse may be kept. 2.27 Keeping a miniature pig (1) The keeping of pigs in the district, other than the keeping of a miniature pig, is forbidden, except for on premises registered by the local government as an abattoir under the provisions of section 191 of the Health Act 1911. (2) The local government or an authorised person may prohibit the keeping of a miniature pig on any land, or state the conditions under which the miniature pig may be kept. (3) A person may keep 1 miniature pig in any residential or rural or special rural area provided it is registered with the local government and the annual registration fee approved from time to time by the local government in accordance with sections 6.16 to 6.19 of the Act is paid. (4) An owner or occupier of premises where a miniature pig is kept shall— (a) only keep a sterilised animal and retain written proof of its sterilisation; (b) confine the animal on the property at all times; (c) ensure the animal does not cause a nuisance to any neighbour regarding noise, dust, or odour; and (d) maintain documentary evidence that the animal’s veterinary treatment against roundworm and tapeworm is current.

4624 GOVERNMENT GAZETTE, WA 13 October 2016 2.28 Requirements for farm animal shelters (1) Any stable, enclosure or shelter provided for the keeping of farm animals, whether or not a licence is required for the keeping of such farm animals pursuant to clause 2.21, shall— (a) not be situated within 15 metres of any residential building, Class 6 building or Class 9 building, business premises or food premises; (b) not be situated within 1 metre of any lot boundary; (c) be constructed of materials approved by an authorised person; (d) have on each side of the building between the wall and roof a clear opening of at least 150 millimetres in height, and of sufficient length, to provide adequate ventilation to the stable, enclosure or shelter; (e) when required by the local government, have a separate stall for each horse, cow or other approved animal, the shortest dimension of which shall be at least twice the length of the animal housed therein; and (f) subject to subclause (2), have a floor, the upper surface of which shall— (i) be raised at least 75 millimetres above the surface of the surrounding ground; (ii) be constructed of cement, concrete or other similar impervious material; and (iii) have a fall of 1 in 100 to a drain which shall empty into a trapped gully situated outside the stable or shelter. (2) A stable or shelter constructed with a sand floor may be approved by an authorised person subject to— (a) the site being well drained, with the sand floor being at least 1.5 metres above the highest known ground water level; (b) a 300 millimetre thick bed of crushed limestone being laid under the sand of the stable; (c) the sand, whether natural or imported, being clean, coarse and free from dust; (d) the footings meeting the requirements of the Building Code; and (e) the design of the stable allowing for the access of small earthmoving machinery, such as a skid steer loader, into each stall to maintain the correct floor height. (3) An owner or occupier of any land upon which a stable or shelter is located must ensure that the stable or shelter complies in all respects with the requirements of subclause (1), and, where the approval referred to in subclause (2) has been granted, with the requirements of subclause (2). Division 5—Livestock 2.29 Livestock not to stray The owner or person in charge of livestock shall not permit livestock to stray or to be at large in a street, public place or upon private property without the consent of the property owner. 2.30 Impounding of livestock (1) An authorised person or a member of the Police Service may impound livestock found straying in contravention of clause 2.29. (2) Livestock being impounded shall be placed in the pound or secured on private property with the consent of the owner. 2.31 Property to be fenced (1) The owner or occupier of property on which livestock is kept, shall cause the property or a portion of the property to be fenced in a manner capable of confining the livestock, to that portion where the livestock is kept. (2) The minimum fencing requirements to confine livestock in a rural or special rural area shall be a fence of post and wire construction. PART 3—BUILDING, DEVELOPMENT AND LAND CARE Division 1—Litter and refuse on building sites 3.1 Provision of refuse receptacles The owner or occupier of a building or development site shall at all times provide and maintain a refuse receptacle, available for use on the site, which includes a suitable cover, to the satisfaction of an authorised person, of such design as will— (a) contain any refuse likely to be produced on the site; and (b) prevent refuse being blown from the receptacle by wind. 3.2 Control of refuse (1) From the time of commencement of works on a building site or development site until the time of completion of such work, the owner or occupier of the site shall take all reasonable steps to— (a) ensure all refuse on the site is placed and contained in the refuse receptacle and prevented from being blown from the site by wind; (b) keep the site free from any refuse;

13 October 2016 GOVERNMENT GAZETTE, WA 4625 (c) keep the street verge, and any other reserve, immediately adjacent to the site, free of refuse from the site; and (d) ensure the refuse receptacle is emptied when full. (2) The owner or occupier of a building site or development site shall ensure that within 2 days of completion of works on the site, the site and the street verge immediately adjacent to it, are cleared of all refuse and all refuse receptacles are removed from the site. 3.3 Unauthorised storage of materials (1) All construction materials must be located on the building site or development site under construction, unless written approval has been given by the local government to store materials on another property (including a road reserve). (2) An application for approval under subclause (1) must be— (a) in writing; and (b) accompanied by the written approval of the landowner of the land on which materials are proposed to be stored. Division 2—Prevention of dust and liquid waste 3.4 Prohibited activities (1) An owner and/or occupier of land must take all reasonable steps to— (a) stabilise dust on the land; (b) contain all liquid waste on the land; and (c) ensure no dust or liquid waste is released or escapes from the land, whether by means of wind, water or any other cause. (2) Where the local government forms the opinion that— (a) an owner or occupier has not complied with subclause (1)(a) or subclause (1)(b); or (b) the dust or liquid waste has been released or escaped from the owner’s or occupier’s land, the local government may serve on the owner and/or occupier of the land, a notice requiring the owner and/or occupier to do one or more of the following— (i) comply with subclause (1)(a) or (1)(b); (ii) clean up and properly dispose of any released or escaped dust or liquid waste; (iii) clean up and make good any damage resulting from the released or escaped dust or liquid waste; and (iv) take effective measures to stop any further release or escape of dust or liquid waste; (c) The requirements set out in a notice issued under subclause (2)(a) must be complied with— (i) within 48 hours of service of the notice where no other time is specified; (ii) within such other period as is specified in the notice; or (iii) immediately, if the notice so specifies. (3) Where the local government forms the opinion that dust or liquid waste has escaped or has been released from an activity undertaken on land or as a consequence of the use of equipment on land, the local government may serve a notice on— (a) any owner or occupier of the land; or (b) any operator of equipment on the land, requiring that the activity or use of equipment on the land be ceased immediately, for such period as is specified in the notice. (4) Where the local government is of the opinion that dust or liquid waste may be released or escape from any land as a result of an activity which is likely to be carried out on that land, the local government may give to the owner and/or occupier a notice providing that the activity may only be carried out subject to conditions specified in the notice. 3.5 Dust management If an owner or occupier of land intends to undertake any work involving the clearing of land, from which any sand or dust is likely to be released whether by means of wind, water or any other cause, shall— (a) submit to an authorised person a Dust Management Plan in accordance with “A guideline for managing the impacts of dust and associated contaminants from land development sites, contaminated sites remediation and other related activities” (2011) as produced by the Department of Environment Regulation, and amended from time to time; and (b) obtain written approval of the Dust Management Plan from an authorised person before commencement of any work. Division 3—Smoke 3.6 Burning of cleared vegetation prohibited Subject to any other written law, an owner or occupier of any building or development site shall ensure that no vegetation or other material cleared from the site is burnt on the site.

4626 GOVERNMENT GAZETTE, WA 13 October 2016 Division 4—Unsightly land and disused materials 3.7 Removal of refuse and disused materials (1) The owner or occupier of a lot shall not keep, or permit to remain on the lot, any refuse, rubbish or disused material of whatever nature or kind which in the opinion of the local government or an authorised person is likely to give the lot an untidy appearance and does not conform with the general appearance of other land in that particular part of the district. (2) The local government or an authorised person may give notice in writing to the owner or occupier of a lot requiring the removal of refuse, rubbish or disused material from the lot within the time specified in the notice. 3.8 Removal of unsightly overgrowth of vegetation (1) The owner or occupier of a lot shall not permit to remain on a lot, any unsightly overgrowth of vegetation that gives the lot an untidy appearance and does not conform with the general appearance of other land in that particular part of the district. (2) The local government or an authorised person may give notice in writing to the owner or occupier of a lot requiring the removal of the overgrowth of vegetation within the time specified in the notice. 3.9 Storage of vehicles, vessels and machinery The owner or occupier of a lot shall not— (a) store, or allow to remain in public view on any lot, more than 1 vehicle, vessel or machinery in a state of disrepair, (whether licensed or not); (b) store, or allow to remain in public view on any lot, any vehicle, vessel or machinery in a state of disrepair for a period in excess of 1 month; (c) store, or allow to remain in public view on any lot, any vehicle parts, vessel parts or machinery parts (including tyres); (d) wreck, dismantle or break up any vehicle, part or body of a vehicle, vessel or machinery except where performed— (i) inside a building; or (ii) within an area enclosed by a fence or wall of not less than 1.8 metres in height and of such a nature as to screen all vehicles, parts or bodies of vehicles, vessels or machinery from the street and from adjoining properties; or (e) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance. 3.10 Disposing of disused refrigerators or similar containers A person shall not place, leave or dispose of a disused refrigerator, ice chest, ice box, trunk, chest or other similar article having a compartment which has a capacity of 0.04 cubic metres or more on any land without first— (a) removing every door and lid and every lock, catch and hinge attached to a door or lid; or (b) rendering every door and lid incapable of being fastened; and (c) removing any refrigerants as per requirements of the Environmental Protection (Ozone Protection) Policy 2000. Division 5—Hazardous materials 3.11 Hazardous trees (1) Where a tree on a lot endangers any person or thing on adjoining land, the local government may give a notice to the owner or the occupier of the lot to remove, cut, move or otherwise deal with that tree so as to make the tree safe. (2) Where a tree on a lot presents a serious and immediate danger to any person or thing, the local government may take any remedial action it considers appropriate in order to make the tree safe without having given the owner or occupier notice pursuant to subclause (1). (3) The local government reserves its right to recover any costs incurred by the local government for remedial action taken in terms of subclause (2). PART 4—NUISANCES AND DANGEROUS THINGS Division 1—Light 4.1 Use of exterior lights An owner or occupier of land on which floodlights or other exterior lights are erected or used, shall not allow the floodlights or other exterior lights to shine directly onto any other premises. 4.2 Emission or reflection of light An owner or occupier of land shall ensure that— (a) artificial light is not emitted or reflected from anything on the land so as to illuminate premises outside that land to more than 50 lux; and (b) natural light is not reflected from anything on the land so as to create or cause a nuisance to the occupier of any other premises or to a person lawfully using a thoroughfare.

13 October 2016 GOVERNMENT GAZETTE, WA 4627 4.3 Notice may require specified action to prevent emission or reflection of light (a) floodlights or other exterior lights shine directly onto any other premises; (b) artificial light is emitted or reflected from anything on the land so as to illuminate premises outside the land to more than 50 lux; or (c) natural light is reflected from anything on the land so as to create or cause a nuisance to the occupier of any other premises or to a person lawfully using a thoroughfare, the local government may by notice in writing direct the owner or occupier to take such actions as an authorised person considers necessary within the time specified in the notice. (2) The notice referred to in subclause (1) may direct that— (a) floodlights or other exterior lights are used only during the hours specified in the notice; (b) the direction in which the lights shine be altered as specified in the notice; (c) any reflective surfaces be painted or otherwise treated so as to abate the nuisance; or (d) any combination of these measures that the local government believes to be appropriate to the circumstances. Division 2—Smoke, fumes, odours and other emissions 4.4 Burning rubbish, refuse or other material (1) A person shall not set fire to rubbish, refuse or other materials. (2) Subclause (1) does not apply to rural residential zoned lots. (3) A person shall not set fire to rubbish, refuse or other materials on rural residential zoned lots unless— (a) written approval has first been obtained from the local government; (b) the person demonstrates to the satisfaction of the local government that reasonable alternatives for the disposal of the rubbish, refuse or other material do not exist and the potential for pollution is low; (c) the material does not include any plastic, rubber, food scraps, or other material likely to cause the generation of smoke or odour in such quantity as to cause a nuisance to other (d) the burning complies with the Bush Fires Act 1954, any annual fire hazard reduction notice issued by the local government under that Act and any conditions of approval as determined by the local government. (4) Subclauses (1) and (3) shall not apply to any barbecue, solid fuel water heater, space heater or ovens fired with dry paper, dry wood, synthetic char or charcoal type fuel. (5) Subclause (4) is subject to any fire danger rating as determined by the Bureau of Meteorology or an authorised person. 4.5 Escape of smoke, fumes, odours and other emissions An owner or occupier of land or premises shall take all reasonable steps not cause or permit the escape of smoke, fumes or odours from the land or premises in such quantity or of such a nature as to cause or to be a nuisance to any person. Division 3—Trucks 4.6 Livestock vehicles (1) A person shall not park a vehicle containing livestock in a townsite for a period in excess of 30 minutes. (2) A person shall not park a vehicle which contains or has been used for the carriage of livestock so as to create or be a nuisance to any person, by reason of the odour emanating from the vehicle. (3) If a person parks a vehicle containing livestock in a townsite in accordance with subclause (1), then the person does not contravene subclause (2). 4.7 Truck noise from residential land A person shall not start or drive a truck on land zoned, approved or used for residential purposes between the hours of 10.30 pm and 6.30 am on the following day without first obtaining the written consent of the local government. Division 4—Swimming pool backwash management 4.8 Disposal of swimming pool backwash (1) The owner or occupier of land on which a swimming pool is constructed shall ensure that all backwash water is kept on site and not permitted to discharge onto or run-off onto adjacent land. (2) Subclause (1) shall not prevent the discharge of swimming pool backwash water from a lot into a local government approved stormwater drain or road by a method approved by an authorised person.

4628 GOVERNMENT GAZETTE, WA 13 October 2016 Division 5—Stormwater management 4.9 Containment of stormwater (1) Subject to subclause (2), the owner or occupier of a lot shall ensure that all stormwater received by any building, house, other structure or any paved or sealed or other surfaced areas including any vehicle access ways on the lot is contained within the lot and is not permitted to discharge onto or run-off onto adjacent land so as to cause a nuisance, or cause damage to any structures situated on adjacent land. (2) Subclause (1) shall not prevent the discharge of stormwater from a lot into a local government approved stormwater drain or road. Division 6—Amusement activities 4.10 Nuisance A person shall not, without written authorisation from the local government, provide or conduct any amusement on land so as to create or be a nuisance to any owner or occupier of land in the district. 4.11 Abatement by authorised person Subject to subdivision 3 of Division 3 of Part 3 of the Act, an authorised person may enter on any land where an amusement is provided or conducted and may do any act or thing reasonably required to abate a nuisance referred to in clause 4.10. Division 7—Advertising, bill posting and junk mail 4.12 Placement of advertisement, bill posting or junk mail (1) A person shall not, without written authorisation from the local government, place or affix any letter, figure, device, poster, sign or advertisement on any buildings, fences or posts. (2) A person shall not place in or on any letter box, gate, fence or generally leave or distribute to any property in the district, any handbill, poster, pamphlet, flyer or other form of advertising or promotional material, where there is clearly displayed a sign or notice which states “no junk mail” or words of similar effect. 4.13 Exemptions Clause 4.12 does not apply to— (a) delivery of articles by Australia Post; (b) documents issued under or for the purposes of an Act of Parliament; (c) an authorised person or member of the police service acting in the course of their duties; (d) electoral materials; or (e) legal process.

Division 8—Bird nuisance 4.14 Restrictions on feeding of birds (1) A person shall not feed a bird— (a) so as to cause a nuisance, or (b) with a food or substance that is not a natural food of a bird. (2) Where an authorised person forms the opinion that a person has not complied with subclause (1) the authorised person may serve the person a notice requiring the person to clean up and properly dispose of any feed or waste products specified in the notice. PART 5—OBJECTION AND REVIEW 5.1 Objection and review Division 1 of Part 9 of the Act and regulation 33 of the Local Government (Functions and General) Regulations 1996 apply to a decision under this local law to— (a) grant or renew a person a licence, approval or authorisation; (b) amend or cancel a licence, approval or authorisation; or (c) give a person a notice. PART 6—ENFORCEMENT Division 1—Notices 6.1 Notice of breach (1) Where a breach of any provision of this local law has occurred, the local government may give a notice in writing to the person alleged to be responsible for such breach. (2) A notice issued pursuant to subclause (1) shall— (a) specify the provision of this local law which has been breached; (b) specify the particulars of the breach; and

13 October 2016 GOVERNMENT GAZETTE, WA 4629 (c) state the manner in which the recipient is required to remedy the breach to the satisfaction of the local government within a time period stipulated in the notice which shall be not less than 14 days from the giving of the notice. (3) It is an offence to fail to comply with a notice issued by the local government pursuant to 6.2 Notice requirements Where this local law refers to the giving of a notice, other than the giving of an infringement notice, and no particular form is prescribed, it will be sufficient that the notice be in writing giving adequate details to enable the owner, occupier or other person to whom the notice is issued to know the offence committed and the measures required to be taken or conditions with which compliance is required, as the case may be. 6.3 When local government may undertake requirements of notice (1) This clause applies only in respect of a notice issued under subclauses 3.7(2), 3.8(2), 3.11(1) and 4.3(1) of this local law. (2) Where a person fails to comply with a notice referred to in subclause (1) the local government may, subject to compliance with the requirements of subdivision 3 of Division 3 of Part 3 of the Act, do anything that it considers necessary to achieve, so far as is practicable, the purpose for which the notice was given. (3) The local government may recover the cost of anything it does under subclause (2) as a debt due from the person who failed to comply with the notice. Division 2—Offences and penalties 6.4 Offences and penalties (1) A person who— (a) fails to do anything required or directed to be done under this local law; or (b) fails to comply with the requirements of a notice issued under this local law by an authorised person; or (c) does anything which under this local law that person is prohibited from doing; commits an offence. (2) Where, under this local law, an act is required to be done or forbidden to be done in relation to any land or premises, the owner or occupier of the land or premises has the duty of causing to be done the act so required to be done, or of preventing from being done the act forbidden to be done. (3) A person who commits an offence under this local law shall be liable, upon conviction, to a maximum penalty of $5,000 and a maximum daily penalty of $500 in respect of each day or part of a day during which the offence has continued. (4) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section 9.16(1) of the Act. (5) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in Schedule 1. 6.5 Form of infringement notices (1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. (2) The form of the infringement notice referred to in section 9.16 of the Act is that of Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. (3) The form of the infringement withdrawal given under section 9.20 of the Act is that of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996. ———— Schedule 1 PRESCRIBED OFFENCES [Clause 6.4] Item No. No. 1 2.2(a) Failure to keep premises free from excrement, filth, food waste and other matter likely to be offensive or injurious to health or attracts, vermin or insects. $250 2 2.2(b) Failure to keep premises clean and disinfected when directed by an EHO $250 3 2.2(c) Failure to keep premises free of flies, or when directed by an EHO, spray premises with residual insecticide or use other means to kill or repel flies $250