4622GOVERNMENT GAZETTE, WA 13 October 2016

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.