4190 GOVERNMENT GAZETTE, WA 1 August 2017
APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT
(clause 4.2)
I/we (full name) .............................................................................................................................................
of (postal address) .........................................................................................................................................
(telephone number) .......................................................................................................................................
(facsimile number) ........................................................................................................................................
(E-mail address) ............................................................................................................................................
Apply for a licence for an approved kennel establishment at (address of premises) .................................
.......................................................................................................................................................................
For (number and breed of dogs)....................................................................................................................
(insert name of person) .................................................... will be residing at the premises on and
from (insert date) .................................................................
(insert name of person)........................................................will be residing (sufficiently
close to the premises so as to control the dogs and so as to ensure their health and welfare)
at......................................................................................................... (insert address of residence)
on and from ................................................................................................................. (insert date).
Attached are—
(a) a site plan of the premises showing the location of the kennels and yards and all other
buildings and structures and fences;
(b) plans and specifications of the kennel establishment;
(c) copy of notice of proposed use to appear in newspaper;
(d) copy of notice of proposed use to be given to adjoining premises;
(e) written evidence that a person will reside—
(i) at the premises; or
(ii) sufficiently close to the premises so as to control the dogs and so as to ensure their
health and welfare; and
(f) if the person in item (e) is not the applicant, written evidence that the person is a person in
charge of the dogs.
I confirm that I have read and agree to comply with the Code of Practice known as
................................................................. , in the keeping of dogs at the proposed kennel establishment.
Signature of applicant.....................................................
Date .................................................................................
delete where inapplicable.
Note: a licence if issued will have effect for a period of 12 months—section 27(5) of the Dog Act 1976.
OFFICE USE ONLY
Application fee paid on [insert date].
————
CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT
(clause 4.8(1))
An application for a licence for an approved kennel establishment may be approved subject to the
following conditions—
(a) each kennel, unless it is fully enclosed, must have a yard attached to it;
(b) each kennel and each yard must be at a distance of not less than—
(i) 25m from the front boundary of the premises and 5m from any other boundary of the
premises;
(ii) 10m from any dwelling; and
(iii) 25m from any church, school room, hall, factory, dairy or premises where food is
manufactured, prepared, packed or stored for human consumption;
(c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or
netting or other materials approved by the local government;
(d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the
breed of dog (when it is fully grown), squared, times the number of dogs to be housed in the
kennel and the length of the dog is to be determined by measuring from the base of the tail to
the front of its shoulder;
(e) the floor area of the yard attached to any kennel or group of kennels must be at least twice
the floor area of the kennel or group of kennels to which it is attached;
1 August 2017 GOVERNMENT GAZETTE, WA 4191
(f) the upper surface of the kennel floor must be—
(i) at least 100mm above the surface of the surrounding ground;
(ii) smooth so as to facilitate cleaning;
(iii) rigid;
(iv) durable;
(v) slip resistant;
(vi) resistant to corrosion;
(vii) non-toxic;
(viii) impervious;
(ix) free from cracks, crevices and other defects; and
(x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in
turn must lead to a suitably sized diameter sewerage pipe which must be properly laid,
ventilated and trapped in accordance with the health requirements of the local
(g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to
approved apparatus for the treatment of sewage in accordance with the health requirements
of the local government;
(h) the kennel floor must have a durable upstand rising 75mm above the floor level from the
junction of the floor and external and internal walls, or internal walls must be so constructed
as to have a minimum clearance of 50mm from the underside of the bottom plate to the floor;
(i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of
any kennel;
(j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of—
(i) 2m; or
(ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured
from the floor to the uppermost tip of its shoulders while in a stationary upright
position;
(k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted
internally and externally with good quality new zincalume or new pre-finished colour coated
steel sheeting or new fibrous cement sheeting or other durable material approved by the local
(l) all external surfaces of each kennel must be kept in good condition;
(m) the roof of each kennel must be constructed of impervious material;
(n) all kennels and yards and drinking vessels must be maintained in a clean condition and must
be cleaned and disinfected when so ordered by an authorised person;
(o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for
the treatment of sewage;
(p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled;
(q) suitable water must be available at the kennel via a properly supported standpipe and tap;
and
(r) the licensee or the person nominated in the application for a licence, must, in accordance with
the application for the licence, continue to reside—
(i) at the premises; or
(ii) in the opinion of the local government, sufficiently close to the premises so as to control
the dogs, and to ensure their health and welfare.
————
OFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES
(clause 6.2)
Item Offence Nature of offence Modified
penalty $
1 3.1 Failing to provide means for effectively confining a dog 50
2 5.1(2) Dog excreting in prohibited place 100
————
Dated 16th of June 2017.
1 August 2017 GOVERNMENT GAZETTE, WA 4193
1.5 Definitions
1.6 Relationship with other laws
1.7 Approval Fees and Charges
PART 2—SUFFICIENT FENCES
2.1 Sufficient fences
2.2 Fences within front setback areas
2.3 Gates in fences
2.4 Depositing fencing material on public place
2.5 Fences on a rural lot
2.6 Maintenance of fences
2.7 Fences across rights-of-way, public access ways or thoroughfares
2.8 General discretion of the local government
2.9 Pre-used fencing materials
2.10 Barbed wire fences and spiked or jagged materials
2.11 Electrified and razor wire fences
2.12 Prohibited fencing materials
PART 3—APPROVALS
3.1 Application for approval
3.2 Decision on application for approval
3.3 Compliance with approval
3.4 Duration of approval
3.5 Cancellation of an approval
PART 4—MISCELLANEOUS
4.1 False or misleading statement
PART 5—NOTICES OF BREACH
5.1 Notices of breach
PART 6—OFFENCES
6.1 Offences and penalties
6.3 Forms of notices
PART 7—OBJECTIONS AND REVIEW
7.1 Objections and review
SCHEDULE 1—OFFENCES AND MODIFIED PENALTIES
SCHEDULE 2—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT
4194 GOVERNMENT GAZETTE, WA 1 August 2017
SCHEDULE 3—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL LOT
OR AN INDUSTRIAL LOT
SCHEDULE 4—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RURAL LOT OR
SPECIAL RURAL LOT
SCHEDULE 5—LICENCE FOR APPROVED ELECTRIFIED FENCE
SCHEDULE 6—LICENCE FOR APPROVED ELECTRIFIED FENCE
1 August 2017 GOVERNMENT GAZETTE, WA 4195
Under the powers conferred by the Local Government Act 1995 and all other powers enabling it, the
Shire of Northampton resolved on 16 June 2017 to make the following local law.
This local law is the Shire of Northampton Fencing Local Law 2017.
The Municipality of the Shire of Northampton By-laws Relating to Fences as published in the
Government Gazette on 3 November 1989 is repealed.
1.5 Definitions
In this local law—
Act means the Dividing Fences Act 1961;
applicant means a person who makes an application for approval under this local law;
AS or AS/NZS means an Australian Standard or an Australian/New Zealand Standard
published by Standards Australia and available for viewing free of charge at the Shire of
Northampton Administration offices;
AS/NZS 1170 means Australian/New Zealand Standard 1170:2011 Structural design actions—
General principles, published by Standards Australia as amended from time to time;
AS 2870 means the Australian/New Zealand Standard 2870:2011 Residential slabs and footing,
published by Standards Australia as amended from time to time;
AS/NZS 3016 means Australian/New Zealand Standard 3016:2002—Electrical Installations—
Electricity security fences, published by Standards Australia as amended from time to time;
authorised officer means a person appointed by the local government under section 9.10 of the
Local Government Act 1995 to perform any of the functions of an authorised person under this
barbed wire fence means a wire or strand of wires having small pieces of sharply pointed wire
twisted around it at short intervals;
boundary fence has the meaning given to it by the Act;
building surveyor means a Building Surveyor of the local government;
commercial lot means a lot where a commercial use—
composite fence means a fence constructed of brick piers and with infill panels between the
piers of materials other than brick or a fence where the supporting posts and infill panels are
of different materials.
dangerous in relation to any fence means—
(a) an electrified fence other than a fence approved by the local government under this
(b) a fence containing barbed wire other than a fence erected and maintained in
accordance with this local law;