4624GOVERNMENT GAZETTE, WA 13 October 2016

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;