Div 8Bird nuisance

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