4620GOVERNMENT GAZETTE, WA 13 October 2016

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.