shire of ashburton ordinary council meeting ... website corporate...part 1—preliminary 1. citation...

SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

ATTACHMENTS (Public Document)

RM Forrest Memorial Hall, Second Avenue,

ONSLOW

15 August 2012

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Corporate Service Reports

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GOVERNMENT GAZETTE, WA 381117 July 1998]

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.45 PM

PERTH, FRIDAY, 17 JULY 1998 No. 145

3811WESTERNAUSTRALIANGOVERNMENT

SPECIAL

PRINT POST APPROVED PP665002/00041

CEMETERIES ACT 1986

SHIRE OF ASHBURTON

LOCAL LAW RELATING TO THEMANAGEMENT AND CONTROL OF

CEMETERIES

jbrayford

Typewritten Text

ATTACHMENT 11.1A

GOVERNMENT GAZETTE, WA [17 July 19983812


CEMETERIES ACT 1986

SHIRE OF ASHBURTON

LOCAL LAW RELATING TO THE MANAGEMENT ANDCONTROL OF CEMETERIES

PART 1—PRELIMINARY1. Citation2. Commencement3 Repeal of Local Law

4. Content and Intent5. Interpretation

PART 2—ADMINISTRATION6. Powers and Functions of the Chief Executive Officer7. Appointment of Trustee8. Plans and Registers

PART 3—RIGHTS OF BURIAL/GRANTS9. Issues of a Grant

10. Rights of a Holder11. Renewal of a Grant12. Replacement Grant13. Transfer of a Grant14. Exercising the Rights of a Holder15. Burial Without a Grant

PART 4—APPLICATION FOR FUNERALS/REQUIREMENTSTO HOLD FUNERALS

16. Application to Hold a Funeral17. Certificate of Identification18. Receipt of the Application for a Funeral19. Times for Burials

PART 5—FUNERAL DIRECTORS20. Directing a Funeral21. Funeral Director’s Licence22. Period of Licence23. Responsibilities of the Holder of a Funeral Director’s Licence25. Application for a Single Funeral Permit26. Application May Be Refused

PART 6—FUNERALS27. Requirements as to Coffins28. Funeral Processions29. Directions to Place Ashes30. Depth of Grave31. Re-opening a Grave32. Exhumation of a Coffin33. Opening of Coffin

PART 7—FLOWERS AND MEMORIALS34. Requirements of a Memorial Plaque35. Flowers


PART 8—MISCELLANEOUS REQUIREMENTS36. Conditions of Work37. Vehicles38. Animals39. Fireworks or Firearms40. Damaging and Removing Objects41. Advertising42. Littering and Damage43. Obeying Signs and Directions

PART 9—OFFENCES AND MODIFIED PENALTIES44. Removal from a Cemetery45. Offence46. Modified Penalties

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE


CEMETERIES ACT 1986

SHIRE OF ASHBURTON

LOCAL LAW RELATING TO THE MANAGEMENT ANDCONTROL OF CEMETERIES

In pursuance of the powers conferred upon it by the above mentioned Act, and all powers enabling it,the Shire of Ashburton hereby records having resolved on 16 June 1998 to make the following locallaw.

PART 1—PRELIMINARY1. CitationThis local law shall be cited as the Shire of Ashburton “Local Law Relating to the Management andControl of Cemeteries”.

2. CommencementThis local law comes into effect fourteen (14) days after the date of its publication in the GovernmentGazette.

3. Repeal of Local LawThe Shire of Ashburton “Cemeteries Local Law” published in the Government Gazette on 28 February1975 and all other local laws relating to Cemeteries are hereby repealed.

4. Content and IntentThis local law provides for rules and guidelines for the management and control of cemeteries locatedin Onslow (Reserve No. 20632) and Tom Price (Reserve No. 43087).

5. Interpretation(1) In this local law, unless the context otherwise requires—

“animal’ means any animal;“Act” means the Cemeteries Act 1986;“ashes” means so much of the remains of a dead body after the due processes of cremation as may

be contained in the standard sized cremation urn;“burial” has the same meaning as is given to it in the Act;“Cemetery” means the Shire of Ashburton Cemeteries of Onslow and Tom Price which the Gover-

nor by order has vested under the care, control and management of the local government;“dead body” has the same meaning given to it in Act;“defence force” has the same meaning given to that expression in the Defence Act 1903.“Commissioner of Police” means the commissioner of Police for the time being appointed under the

Police Act 1892 and includes any person for the time being acting in the capacity in the ab-sence of the Commissioner of police.

“funeral’ includes the burial and cremation of a dead body and all associated processions andceremonials but does not include so much of the ceremonial that is solely a religious rite;

“Funeral Director” means a person, firm or company holding a current funeral director’s licence; “General Manager” means the Chief Executive Officer for the time being appointed in accordance

with this local law and includes any person for the time being acting in that capacity in theabsence of the Chief Executive Officer;

“grant” means a grant issued by the local government, of an exclusive right of burial in a grave;“grave” means a specified area of the Cemetery for burial;“ground niche” means a specified area of the Cemetery for the placement of ashes not being a

grave;“guide dog” has the same meaning as is given to that expression in the Dog Act 1976;“holder” in relation to a grant includes—

(a) a person issued with a grant by the local government;(b) a person for the time being appearing to the Council to be the holder of a grant;

“memorial” means a memorial plaque or memorial as described in this local law or as otherwiseapproved by the local government;

“Minister” means the Minister for Local Government;


“personal representative “ means the administrator or executor of an estate of a deceased person;“remains” means ashes or what remains of a dead body after burial;“set fee” refers to fees and charges set by a resolution of the Council and published in the Govern-

ment Gazette in accordance with section 53 of the Cemeteries Act 1986;“single funeral permit” means a permit issued by the Board under section 20 or 21 of the Act which

entitles the holder to conduct at the cemetery a funeral of a person named in the permit.(2) Unless otherwise defined herein the terms and expressions used in this local law shall have thesame meaning given to them in the Act.(3) Where a term is not defined in this local law, the Act or regulations, the term is to be taken from theOxford Dictionary.

PART 2—ADMINISTRATION

6. Powers and Functions of the Chief Executive OfficerSubject to any directions given by the local government the Chief Executive Officer shall exercise allthe powers and functions of the local government in respect of the Cemetery.

7. Appointment of TrusteeThe Shire President, Deputy President and Councillor representatives of the particular Ward in whichany Cemetery is located will be trustees of that particular Cemetery.

8. Plans and Registers(1) The local government shall establish and maintain—

(a) a plan of the Cemetery showing the location and identifying number of every burial place ofgrave and the distribution of the land, compartments and section;

(b) a register containing the identification numbers of graves and the names of the persons bur-ied;

(c) a register of grants made with respect to the Cemetery;(d) a register of persons cremated whose ashes have been buried or disposed of in the Cemetery.

(2) The plans and registers referred to in paragraph (1) shall be open for inspection at the local govern-ment offices by members of the public during normal office hours.

PART 3—RIGHTS OF BURIAL/GRANTS9. Issues of a Grant(1) Upon—

(a) the written application of a person; and(b) payment of the set fee,

the local government may issue to that person a grant of right of burial for a term of 50 years.(2) The local government may grant exclusive rights of burial in respect of more than one grave to anyperson but shall not grant such rights in respect of more than five graves to any one person.

10. Rights of a Holder(1) A grant confers on the holder, during the term of the grant, an exclusive right—

(a) to bury one or more dead bodies, or the ashes of one or more dead bodies in the grave or gravesspecified in the grant; and

(b) to arrange for the placing of a memorial plaque of the kind referred to in clause 34 on the graveor graves specified in the grant.

(2) An authorised person may request a holder to produce the grant before the exercise of any of therights referred to in subclause (1) and the holder shall forthwith comply with that request.

11. Renewal of a Grant(1) Where, at any time during the term of a grant issued under clause 9 the holder—

(a) makes written application; and(b) pays the set fee,

the local government shall renew that grant for a further term of 50 years commencing on the initialexpiry date of the grant.(2) Where the renewal is refused the local government may from the date of expiry of the grant dealwith the grave in respect of which the grant was originally issued as it sees fit.

12. Replacement GrantUpon—

(a) the written application of a holder; and(b) the production of evidence to the satisfaction of the local government, which may include a

statutory declaration by the holder,the local government may issue a new grant to replace a grant, which is lost or has been destroyed.

13. Transfer of a GrantA holder who wishes to assign a grant must produce to the local government for registration the docu-ment giving effect to the assignment.


14. Exercising the Rights of a Holder(1) Where a person who is not the holder of a grant seeks authority from the local government toexercise the rights conferred on the holder of such grant that person shall provide the local govern-ment—

(a) a statutory declaration to the effect that he/she has the right to exercise such rights and knowsof no other person having a prior or equal right or in the case of a Funeral Director that he/shehas the permission of the holder or other person entitled to that grave; and

(b) an indemnity to the local government by such person in respect of all damages costs expensesand liabilities resulting from the exercise or enjoyment of such rights by that person.

(2) If the local government is satisfied on the basis of the written evidence provided by the personreferred to in subclause (1) that the holder of the grant—

(a) is unavailable;(b) is not immediately ascertainable; or(c) has died without bequeathing the grant by will

then the local government may authorise in writing that person being—(d) the holder’s next of kin;(e) the holder’s personal representative;(f) a person acting expressly on behalf of the holder’s personal representative; or(g) where no one described in paragraphs (d), (e) or (f) is available or immediately ascertainable,

any other person approved by the local government,to exercise, subject to any conditions imposed by the local government, the rights conferred on theholder.

15. Burial Without a Grant(1) Where a person who wishes to bury a dead body, or the ashes of a dead body, in a grave which is notthe subject of a grant—

(a) makes written application; and(b) pays the set fee,

the local government may authorise the burial of that dead body or ashes in a specified grave allocatedfor that purpose.(2) Where a grave is allocated under subclause (1), the local government shall retain all rights andpowers in respect of that grave, including the rights and powers to reopen the grave to—

(a) disinter the remains buried in that grave and reinter them—(i) in the same grave;

(ii) in another grave but within the Cemetery; or(iii) elsewhere in accordance with the Act;

(b) bury other dead bodies.

PART 4—APPLICATION FOR FUNERALS/REQUIREMENTS TO HOLD FUNERALS

16. Application to Hold a Funeral(1) A person who desires to hold a funeral within the Cemetery shall, in the case of the burial of a deadbody—

(a) make an application to the local government in the form determined by the local governmentfrom time to time; and

(b) lodge with the application referred to in (a)—(i) evidence to the satisfaction of the Local Government that the holder of the grant in respect

of the grave in which the dead body is intended to be buried has consented to or would notobject to the burial; or

(ii) an application for a grant under clause 9; or(iii) an application for the allocation of a grave under clause 4.

(2) All applications referred to in subclause (1) shall be accompanied by—(a) a certificate of identification in accordance with clause 17; and either(b) a doctor’s certificate for burial or disposal of the dead body; or(c) a coroner’s order for burial.

(3) All applications to hold a funeral on a Saturday, Sunday or Public Holiday must be lodged with thelocal government during working hours no later than forty eight (48) hours before the funeral unless alater time is approved by the local government.

17. Certificate of Identification(1) After a dead body is placed in a coffin and prior to a dead body being removed to the Cemetery, aperson who personally knew the deceased shall identify the dead body and shall complete the formprescribed by the local government from time to time, unless—

(a) in the opinion of the Funeral Director, the dead body is not in a fit state to be viewed; or(b) after reasonable effort the Funeral Director is unable to arrange for a person to identify the

dead body.


(2) Where—(a) in the opinion of the Funeral Director, the dead body is not in a fit state to be viewed; or(b) after reasonable effort the Funeral Director is unable to arrange for a person to identify the

dead body,then the Funeral Director shall complete the form prescribed by the local government from time totime.

18. Receipt of the Application for a FuneralUpon receipt of a properly completed application form in accordance with clause 15 and all otherthings required by this Part, the local government shall—

(a) fix a time for the funeral; and(b) cause the preparation of any grave that is required.

19. Times for Burials(1) A person shall only carry out a burial between the hours of 6.00am and 6.00pm, Monday to Sunday.(2) A person shall not carry out a burial

(a) on Christmas Day; or(b) on Good Friday.

PART 5—FUNERAL DIRECTORS

20. Directing a FuneralA person shall not direct a funeral within the Cemetery or otherwise make use of the Cemetery for anypurpose connected with directing a funeral unless that person is—

(a) a Funeral Director who holds a funeral director’s licence or a single funeral permit;(b) an employee of a Funeral Director who holds a funeral director’s licence or a single funeral

permit; or(c) the holder of a single funeral permit issued in accordance with this local law.

21. Funeral Director’s Licence(1) The local government may upon receipt of an application in writing by any person and upon pay-ment of the set fee, issue to the applicant a funeral director’s licence authorising the holder to directfunerals within the Cemetery at such times and on such days and subject to such conditions as thelocal government shall specify and in compliance with the provisions of this Part.(2) If the application referred to in subclause (1) is approved by the local government, the local govern-ment shall issue to the applicant a licence in a suitable form determined by the local government fromtime to time.(3) Any person who is the holder of a current funeral director’s licence may apply for a new licence forthe following year by lodging with the local government an application in writing, and payment of theset fee.

22. Period of LicenceA funeral director’s licence—

(a) shall be valid from the date specified therein until the 30th day of June next following the dateof commencement of the licence or until the licence is determined pursuant to clause 23, which-ever shall occur sooner; and

(b) shall not be transferable.

23. Responsibilities of the Holder of a Funeral Director’s LicenceThe holder of a funeral director’s licence shall be responsible for the compliance by every person pur-porting to be authorised to direct a funeral within the Cemetery pursuant to that licence in accordancewith the Act and this local law.

24. Cancellation of a Funeral Director’s Licence(1) The local government may, by notice in writing to the holder of a funeral director’s licence, cancelthe licence if—

(a) the holder of the funeral director’s licence or any employee of the holder has committed abreach of this Part, the Act, the Cremation Act 1927 or any of the conditions upon which thelicence was issued;

(b) in the opinion of the local government, the conduct of the holder of the funeral director’slicence or any employee of the holder in directing or attempting to direct any funeral within aCemetery is inappropriate or unbecoming;

(c) the holder of the funeral director’s licence has purported to transfer the licence issued to thatholder;

(d) the funeral director’s licence was issued erroneously or in consequence of a false or fraudulentdocument, statement or representation;

(e) the fee for the funeral director’s licence is due and unpaid; or(f) the local government is no longer satisfied that the holder of the funeral director’s licence has

suitable facilities and equipment for handling and storing dead bodies and conducting funer-als.


(2) Upon the cancellation of a licence pursuant to this clause, no part of any fee paid for the issue ofthat licence is refundable by the Council.

25. Application for a Single Funeral PermitEvery application for a single funeral permit made under section 20 or 21 of the Act shall include coffinspecifications and details of the vehicle transporting the dead body to the gravesite.

26. Application May Be RefusedThe local government may refuse an application for a single funeral permit if, in the opinion of thelocal government, either the coffin specifications or the details of the vehicle transporting the deadbody to the gravesite or crematorium, are not structurally sound or are otherwise inadequate or inap-propriate, or on any other grounds.

PART 6—FUNERALS

27. Requirements as to CoffinsA person shall not bring a dead body into a Cemetery unless—

(a) the local government has received an application for the burial of that dead body in accordancewith Part 4;

(b) it is enclosed in a coffin which in the opinion of the local government is structurally sound andbears the name of the deceased person indelibly inscribed in legible characters on a plate onthe coffin’s lid; and

(c) under the plate referred to in paragraph (b) there is a substantive lead strip bearing the sur-name of the deceased person stamped in legible characters, each character being not less than10mm in height.

28. Funeral Processions(1) The time fixed by the local government for any burial shall be the time at which the funeral proces-sion is to arrive at the Cemetery gates, and, if not punctually observed, then the applicant who appliedto hold the funeral shall pay the set fee for being late.(2) Subject to subclause (3), every funeral procession shall enter by the principal entrance, and novehicle except the hearse, and official mourning coaches, shall be permitted to enter the cemetery.(3) This clause shall not apply to persons using wheelchairs or motorised wheelchairs.

29. Directions to Place Ashes(1) A personal representative may apply in writing to the local government for permission to dispose ofashes in the Cemetery.(2) Upon payment of the set fee the local government may grant permission for the ashes to be dis-posed of by placing in a grave or ground niche or scattering of the winds.(3) An authorised person may place the ashes of a deceased person within a grave in accordance withthe local government approval, provided the person requesting the placement of the ashes has thewritten permission of the local government and the approval of the holder of the right of burial of thegrave.

30. Depth of GraveEvery grave shall be dug at least 1.8 metres deep at the first interment unless requested otherwise bythe applicant and approved by the local government.

31. Re-opening a Grave(1) Subject to paragraph (2), if for the purpose of re-opening a grave in the Cemetery the Local Govern-ment finds it necessary to remove plants, grass, shrubs or other like matter from the grave, then theperson ordering the re-opening of that grave shall bear the cost of the removal and any necessaryreinstatement.(2) If the Minister orders the exhumation of a body in accordance with section 58 of the Act then theMinister may further order how and by whom the cost referred to in paragraph (1) should be met.

32. Exhumation of a Coffin(1) Subject to paragraph (2), a person shall not exhume a coffin in the Cemetery for the purposes of re-burial within twelve (12) months after the date of its interment.(2) Subclause (1) shall not apply where the exhumation of a dead body and the exhumation is orderedor authorised pursuant to the Act.(3) Subject to subclause (1) and (2) prior to any other exhumation, the holder of a grant must haveapplied in writing to the local government requesting the exhumation and the local government hasauthorised the exhumation.

33. Opening of Coffin(1) A person shall not open a coffin in the Cemetery unless—

(a) the coffin is opened for the purposes of the exhumation of a dead body; or(b) that person has produced to the local government an order signed by the Commissioner of

Police and the local government has approved the opening of that coffin.


PART 7—FLOWERS AND MEMORIALS

34. Requirements of a Memorial Plaque(1) Memorial plaques placed in the Cemetery shall—

(a) be made of admiralty bronze or any other material approved by the local government;(b) be not less than 380mm x 280mm, nor more than 560mm x 305mm unless otherwise approved

by the local government; and(c) bear an inscription approved by the local government.

(2) Memorial plaques shall—(a) be no greater than 20mm in thickness; and(b) be placed upon a base mounting approved by the local government.

(3) All memorial plaques made of stone shall—(a) not exceed 50mm in thickness placed upon a base mounting approval by the Board; or(b) not be less than 100mm in thickness if it is not to be placed upon a base mounting.

35. Flowers(1) All flowers must be placed in vases or receptacles.(2) No person shall plant trees, shrubs or plants in the Cemetery without the prior approval of the localgovernment.(3) A person may remove wilted flowers from a grave or memorial and these are to be placed in areceptacle provided by the local government for that purpose.

PART 8—MISCELLANEOUS REQUIREMENTS

36. Conditions of WorkA person carrying out work within a Cemetery shall not leave any uncompleted work in an untidy orunsafe condition.

37. Vehicles(1) No person shall drive and/or park a vehicle anywhere within the cemetery.(2) Subclause (1) does not apply to any vehicle used in the funeral procession or carrying the coffin orundertaking works within the Cemetery.

38. Animals(1) Subject to subclause (2), a person shall not bring an animal into or permit an animal to enter orremain in the Cemetery, other than with the approval of the local government.(2) Subclause (1) shall not apply to a hearing impaired person or a person who is blind or partiallyblind and is accompanied by a hearing or guide dog.

39. Fireworks or Firearms(1) A person shall not bring or discharge any fireworks within the Cemetery.(2) A person shall not bring or discharge any firearms within the Cemetery except in the case of amilitary funeral when firearms may be brought into a Cemetery and discharged by members of theDefence Force.

40. Damaging and Removing ObjectsExcept for subclause 35(3) a person shall not damage, remove or pick any tree, plant, shrub or flowerin the Cemetery or any other object or thing on any grave or niche or memorial or which is the propertyof the local government without the permission of the local government.

41. AdvertisingA person shall not carry on or advertise any trade, business or profession within the Cemetery withoutthe prior written approval of the local government which consent may be granted subject to suchconditions as the local government thinks fit.

42. Littering and DamageA person shall not—

(a) break or cause to be broken any glass, ceramics or other material in or upon the Cemetery;(b) discard, deposit, leave or cause to be discarded, deposited or left any refuse or litter in or upon

the Cemetery other than in a receptacle provided for that purpose.

43. Obeying Signs and DirectionsA person shall obey all signs displayed, marked, placed or erected by the local government within theCemetery and any other lawful direction of an authorised person.

PART 9—OFFENCES AND MODIFIED PENALTIES

44. Removal from a CemeteryAny person failing to comply with any provision of this local law or behaving in a manner that in theopinion of the local government or one of its authorised persons is inappropriate or unbecoming in theCemetery may in addition to any penalty provided by this local law be ordered by an authorised personto leave the Cemetery.


45. OffenceA person who commits a breach of any provision of this local law commits an offence and shall onconviction be liable to a penalty not exceeding $500 and if the offence is a continuing one to a furtherpenalty not exceeding $20.00 for every day or part of a day during which the offence is continued.

46. Modified Penalties(1) The offences specified in the First Schedule are offences which may be dealt with under section 63of the Act.(2) The modified penalty payable in respect of an offence specified in the First Schedule is set out in thefourth column of the First Schedule.(3) The prescribed form of the infringement notice referred to in section 63(1) of the Act is set out in theSecond Schedule.(4) The prescribed form of the notice withdrawing an infringement notice referred to in section 63(3) ofthe Act is set out in the Third Schedule.

________________

First ScheduleCEMETERIES ACT 1986

Shire of AshburtonLOCAL LAW RELATING TO THE MANAGEMENT AND CONTROL OF CEMETERIES

MODIFIED PENALTIESItem Clause Nature of Offence Modified Penalty

1 36(1) Unauthorised use of a vehicle—driving and parking of $50vehicle

2 37 Animal at large $503 38 Unlawful use of a firearm or fireworks $504 39 Damaging and removing objects $505 40 Unauthorised advertising and/or trading $506 41 Littering and damage to property $507 42 Disobeying signs or unlawful direction $50

________________

Second ScheduleLOCAL LAW RELATING TO THE MANAGEMENT AND CONTROL OF CEMETERIES

Shire of AshburtonINFRINGEMENT NOTICE

No:......................................

Date: ........../........../..........

To: .................................................................................... , of........................................................................

........................................................................................................................................................................

It is alleged that on the.............day of..........................19...........you committed an offence that you—

........................................................................................................................................................................

........................................................................................................................................................................

........................................................................................................................................................................

You may dispose of this matter—(1) By payment of a penalty of $................within twenty-eight days of this Notice at any Shire

office or;(2) By having it dealt with by a Court.

If this modified penalty is not paid within the time specified, Court proceedings may be taken againstyou.

............................................................. Name of Authorised Person

.............................................................Signature of Authorised Person


Third ScheduleLOCAL LAW RELATING TO THE MANAGEMENT AND CONTROL OF CEMETERIES

Shire of AshburtonWITHDRAWAL OF INFRINGEMENT NOTICE

No:......................................

Date: ........../........../..........

To: .................................................................................... , of........................................................................

........................................................................................................................................................................

Infringement Notice No:.............., dated............/............/............for .........................................................

........................................................................................................................................................................

........................................................................................................................................................................

........................................................................................................................................................................

with a penalty of $...................is hereby withdrawn.

No further action will be taken / It is proposed to institute Court proceedings for the alleged offence(delete which is not applicable).

............................................................. Name of Authorised Person

.............................................................Signature of Authorised Person

............................................................. Chief Executive Officer

________________

Dated this 16th day of June 1998.The Common Seal of the Shire of Ashburton was hereunto affixed in the presence of—

BRIAN HAYES, Shire President.

DAVID CAREY, Chief Executive Officer.

________________

!199800145GG!

SHIRE OF ASHBURTON

CEMETERIES ACT 1986

LOCAL GOVERNMENT ACT 1995

CEMETERIES LOCAL LAW 2012

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ATTACHMENT 11.1B

CEMETERIES ACT 1986


CEMETERIES LOCAL LAW 2012

ARRANGEMENT

PART 1 – PRELIMINARY

1.1 Citation

1.2 Application

1.3 Commencement

1.4 Repeal

1.5 Interpretation

PART 2 – ADMINISTRATION

2.1 Powers and functions of CEO

PART 3 – APPLICATION FOR FUNERALS

3.1 Application for burial

3.2 Application for cremation

3.3 Applications to be accompanied by certificates etc

3.4 Certificate of identification

3.5 Minimum notice required

PART 4 – FUNERAL DIRECTORS

4.1 Funeral director’s licence expiry

4.2 Single funeral permits

4.3 Application refusal

PART 5 – FUNERALS

Division 1 – General

5.1 Requirements for funerals and coffins

5.2 Funeral processions

5.3 Vehicle entry restricted

5.4 Vehicle access and speed limitations

5.5 Offenders may be ordered to leave

5.6 Conduct of funeral by Board

Division 2 – Cremation

5.7 Metal coffins prohibited

5.8 Polyvinyls, etc, prohibited

5.9 Depositing the coffin

5.10 Removal of the name plate and lead strip

5.11 Removal of metal fittings

Division 3 – Placement of ashes

5.12 Disposal of ashes

5.13 Availability of ashes

5.14 Ashes held by the Board

PART 6 – BURIALS

6.1 Depth of graves

6.2 Mausoleum, etc

PART 7 – MEMORIALS AND OTHER WORK


7.1 Application for monumental work

7.2 Placement of monumental work

7.3 Removal of rubbish

7.4 Operation of work

7.5 Removal of sand, soil or loam

7.6 Hours of work

7.7 Unfinished work

7.8 Use of wood

7.9 Plants and trees

7.10 Supervision

7.11 Australian War Graves

7.12 Placing of glass domes and vases

Division 2 – Lawn Section

7.13 Specification of monuments

7.14 Headstones

Division 3 – Memorial plaque section

7.15 Requirements of a memorial plaque

Division 4 – Licensing of monumental masons

7.16 Monumental mason’s licence

7.17 Expiry date, non-transferability

7.18 Carrying out monumental work

7.19 Responsibilities of the holder of a monumental mason’s licence

PART 8 – GENERAL

8.1 Animals

8.2 Guide dogs

8.3 Damaging and removing of objects

8.4 Withered flowers

8.5 Littering and vandalism

8.6 Advertising

8.7 Obeying signs and directions

8.8 Removal from the cemetery

PART 9 – OFFENCES AND MODIFIED PENALTY

9.1 General

9.2 Modified penalties

Schedule 1 – Modified penalties

Schedule 2 – Infringement notice Schedule 3 – Infringement withdrawal notice

Provisions of the Cemeteries Act

Provisions of the Cemeteries Act have been included in this model local law in appropriate places,

boxed and hachured, and are provided to give a fuller picture of the written law governing

proceedings, or as an aid to interpretation when preparing a draft proposed local law for consideration

during the preparation phase, before commencing the local law-making procedures under section 3.12

of the Local Government Act 1995.

In the hachured boxes, ―S‖ denotes a section of the Cemeteries Act 1986.

These boxed insertions are not an official part of the text of this local law and must be deleted from the

version that is intended to be adopted and published in the Government Gazette.

CEMETERIES ACT 1986


Shire of Ashburton

Cemeteries Local Law 2012

Under the powers conferred by the Cemeteries Act 1986 and the Local Government Act 1995 and

under all other powers enabling it, the Council of the Shire of Ashburton resolved on (insert

date) to adopt the following local law.

PART 1 – PRELIMINARY

1.1 Citation

This local law may be cited as the Shire of Ashburton Cemeteries Local Law 2012.

1.2 Application

This local law applies to the cemeteries located in Onslow (Reserve No. 20632) and Tom Price

(Reserve No. 43087) located in the district.

1.3 Commencement

This local law comes into operation 14 days after the date of its publication in the Government

Gazette.

1.4 Repeal

The Local Law relating to the Management and Control of Cemeteries published in the Government

Gazette on 17 July 1998 is repealed.

1.5 Interpretation

In this local law, unless the context otherwise requires –

“Act” means the Cemeteries Act 1986;

“ashes” means so much of the remains of a dead body after the due processes of cremation as may be

contained in a standard sized cremation urn;

“authorised officer” means an employee of the Board authorised by the Board for the purposes of

performing any function or exercising any power conferred upon an authorised officer by this

local law;

“CEO” means the chief executive officer, for the time being, of the Board;

“funeral director” means a person holding a current funeral director’s licence;

“Board” means the Shire of Ashburton;

“mausoleum” means a building or construction wholly above or partially above and below ground

level, so constructed as to allow the deposition of dead bodies into a compartment in the wall or

floor and being sealed from view;

“monumental mason” means a person holding a current monumental mason’s licence;

“personal representative” means the administrator or executor of an estate of a deceased person;

“set fee” refers to fees and charges set by a resolution of the Board and published in the Government

Gazette, under section 53 of the Act;

“single funeral permit” means a permit issued by the Board under section 20 or 21 of the Act which

entitles the holder to conduct at the cemetery a funeral of a person named in the permit; and

“vault” means a below ground lined grave with one or more sealed compartments constructed to

specifications approved from time to time by the Board.

PART 2 – ADMINISTRATION

2.1 Powers and functions of CEO

Subject to any directions given by the Board, the CEO shall exercise all the powers and functions of

the Board in respect of the cemetery.

Board to maintain registers and plans S40 (1) A Board shall establish and maintain -

(a) a register containing details of all burials in the cemetery, including details of the names

and descriptions of the deceased persons and details of the location of the burial in

every case;

and

(b) a register of all grants of rights of burial in the cemetery, including details of the

assignments or bequests of grants.

(2) A Board shall keep and maintain plans showing the location of all burials registered

under subsection (1).

(3) A register maintained under this Act may be kept or prepared -

(a) by making entries in or on a bound or loose-leaf book; or

(b) by recording or storing the particulars required by this Act to be entered in the register by

means of a mechanical, electronic or other device, but so that the particulars so

recorded or stored will remain in the form in which they were originally recorded

or stored and will be capable of being reproduced in written form in the English

language.

Registers available for inspection S41 (1) A Board shall make all registers kept under this Act available for inspection by members

of the public at times and places set by the Board and shall on request make available

copies of extracts from any register.

(2) A Board may charge a fee for the inspection of a register or for providing an extract from

or certified copy of an extract from a register.

Rights of Burial

Grant of Right of Burial S25 (1) A Board may grant to a person for a term of 25 years the right of burial in a specified area

of a cemetery and the right to place a memorial on that area.

(2) Where the holder for the time being of a grant of a right of burial applies to the Board for

the renewal of the grant the Board shall renew the grant for a further term of 25 years.

(3) A right of burial granted under this section shall be subject to such conditions as may be

prescribed by local law.

(4) A right of burial granted under the Cemeteries Act 1897 or renewed under subsection (2)

may, if the Board and the holder for the time being of the grant agree, be renewed from

time to time for a further term not exceeding 25 years in the case of any one renewal.

Transfer of right of burial S26 (1) A right of burial granted to a person under this Act may be assigned by the holder in his

lifetime or bequeathed by will.

(2) An assignment of a right of burial shall have no effect until it is produced to the Board for

registration and when so registered shall have priority over any other assignment that may

subsequently be produced to the Board.

(3) The bequest of a right of burial shall have no effect until the probate of the will by which

the right of burial passes is produced to the Board and the Board shall make an

appropriate entry in the register upon which the bequest shall have priority over any

assignment that may subsequently be produced to the Board.

Protection of right of burial

S27 Before any burial is permitted to take place in a specified area which is the subject of a grant of

right of burial, the Board must be satisfied that the holder of the right has consented or would

not object to the burial taking place.

Surrender of right of burial

S28 The holder of a right of burial granted under this Act may surrender the right to the Board upon

which all rights and obligations under the right shall terminate.

PART 3 – APPLICATION FOR FUNERALS

3.1 Application for burial

(1) A person may apply for approval to bury a dead body in the cemetery in the form determined by

the Board from time to time.

(2) An application under subclause (1) is to be accompanied by the set fee.

3.2 Application for cremation

(1) A person who desires to hold a funeral within the cemetery shall, in the case of the cremation of

a dead body :

(a) make an application to the Board in the form determined by the Board from time to time;

and

(b) lodge with the application referred to in paragraph (a), a permit to cremate issued in

accordance with the Cremation Act 1929.

3.3 Applications to be accompanied by certificates etc

All applications referred to in clauses 3.1 and 3.2 shall be accompanied by either a medical certificate

of death or a Coroner’s order of burial, and a certificate issued under clause 3.4, in respect of the body.

3.4 Certificate of identification

(1) After a dead body is placed in a coffin and prior to a dead body being removed to the cemetery

or crematorium within the cemetery, a person who personally knew the deceased shall identify

the dead body and shall complete a certificate of identification in the form determined by the

Board from time to time, unless –

(a) in the opinion of a funeral director, the dead body is not in a fit state to be viewed;

or

(b) after reasonable effort the funeral director is unable to arrange for a person to identify the

dead body.

(2) A funeral director shall complete a certificate in the form determined by the Board from

time to time, where –

(a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed;

or

(b) after reasonable effort the funeral director is unable to arrange for a person to identify the

dead body.

3.5 Minimum notice required

All bookings to hold a funeral shall be made with the Board at least 24 hours prior to the time

proposed for burial on the application, otherwise an extra charge may be made.

PART 4 - FUNERAL DIRECTORS

Division 3 - Licensing of funeral directors

Licences S16 A funeral director’s licence -

(a) is valid for the conduct of funerals at the cemetery or cemeteries specified in the licence;

(b) is valid for such period not exceeding one year from the day on which the licence is

issued as the Board determines, unless the licence is sooner suspended or cancelled; and

(c) is not transferable.

Applications for licences S17 (1) An application for a funeral director’s licence in respect of a cemetery shall be made to

the Board responsible for the care, control and management of the cemetery in the

manner required by the Board and shall be lodged with the Board together with the

appropriate fee.

(2) An applicant who satisfies the Board that the applicant -

(a) is of good repute and is fit to hold a funeral director’s licence;

and

(b) has suitable facilities and equipment for handling and storing dead bodies and conducting

funerals,

shall be entitled to be issued with a funeral director’s licence.

(3) The Board, or a person authorized by resolution of the Board for the purpose, may at any

reasonable time inspect the facilities and equipment of an applicant for or the holder of a

funeral director’s licence and the applicant or holder shall take all reasonable steps to

facilitate an inspection authorized by this subsection.

Penalty: $500

Suspension and cancellation of licences S18 (1) A Board may, by notice in writing delivered to the holder of a licence, cancel or suspend

the licence if -

(a) the licence was issued erroneously or in consequence of a false or fraudulent document,

statement or representation;

(b) the fee for the licence is due and unpaid;

(c) the holder of the licence is convicted of an offence against this Act or local laws made

under this Act; or

(d) the Board is no longer satisfied in relation to the holder of the licence with respect to the

matters referred to in section 17(2).

(2) If a licence is cancelled or suspended under this section, the person to whom the licence

was issued shall deliver the licence to the Board within such period as may be specified in

the notice referred to in subsection (1).

Penalty: $500

Appeals for review of decisions of Board S19 (1) Where a Board -

(a) refuses an application for a licence; or

(b) cancels or suspends a licence,

the Board shall notify in writing the applicant or the person to whom the licence was issued of

its decision and of the reasons for that decision.

(2) An aggrieved applicant or person whose licence has been cancelled or suspended may

appeal to the State Administrative Tribunal for a review of the decision of the Board.

4.1 Funeral director’s licence expiry

A funeral director’s licence shall expire on 30 June of each year.

4.2 Single funeral permits

Every application for a single funeral permit made under section 20 or 21 of the Act shall include

coffin specifications and details of the vehicle transporting the dead body to the gravesite, or

crematorium.

Single funeral permits issued to persons other than funeral directors

S20 (1) Subject to this section, a Board may issue a permit to any person, other than the holder of

a funeral director’s licence, for the conduct at a cemetery of a funeral of a person named

in the permit.

(2) An application for a permit under this section shall be made in the manner required by the

Board and lodged with the Board together with the appropriate fee.

(3) A permit issued under this section shall have effect subject to any conditions prescribed

by local law and to any further conditions that may be attached by the Board in the

particular case and set out in the permit.

Single funeral permits issued to funeral directors

S21 (1) Subject to this section, a Board may issue a permit to a person who is the holder of a

funeral director’s licence issued by another Board for the conduct at a cemetery under the

care, control and management of the first mentioned Board of a funeral of a person

named in the permit.

(2) An application for a permit under this section shall be made in the manner required by the

Board and lodged with the Board together with the appropriate fee.

(3) In determining an application made by a funeral director under this section, a Board is not

required to inquire into the matters referred to in section 17 (2).

4.3 Application refusal

The Board may refuse an application for a single funeral permit if, in the opinion of the Board, either

the coffin specifications or the details of the vehicle transporting the dead body to the gravesite or

crematorium are not structurally sound or are otherwise inadequate or inappropriate, or on any other

grounds.

PART 5 – FUNERALS


5.1 Requirements for funerals and coffins

(1) A person shall not bring a dead body into the cemetery unless –

(a) the Board has approved an application for the burial or cremation of that dead body in

accordance with Part 3 of this local law;

(b) it is enclosed in a coffin which in the opinion of the Board is structurally sound and bears the

name of the deceased person indelibly inscribed in legible characters on a plate on the coffin’s

lid; and

(c) under the plate referred to in paragraph (b) there is a substantive lead strip bearing the

surname of the deceased person stamped in legible characters, each character being not less

than 10 mm in height.

5.2 Funeral processions

The time fixed by the Board for any burial or cremation shall be the time at which the funeral

procession is to arrive at the cemetery gates, and, if not punctually observed, then the applicant who

applied to hold the funeral under clause 3.1 or clause 3.2 shall pay the set fee for being late.

5.3 Vehicle entry restricted

(1) Subject to clause 5.3(2), every funeral procession shall enter by the principal entrance, and no

vehicle except the hearse, and official mourning coaches, shall be permitted to enter the

cemetery.

(2) This clause shall not apply to persons using wheelchairs or motorised wheelchairs.

5.4 Vehicle access and speed limitation

(1) A person shall drive a vehicle on a vehicular access way or the constructed roadway or other

areas designated for the use of vehicles within the cemetery, unless otherwise authorised by the

CEO.

(2) A person driving a vehicle, within a cemetery, shall not exceed the speed limit of 25 km per

hour, and shall comply with the signs and directions in the cemetery.

5.5 Offenders may be ordered to leave

(1) A person committing an offence under clause 5.4 may be ordered to leave the cemetery by the

CEO or an authorised officer.

Board may conduct funeral

S22 A Board may conduct a funeral at a cemetery for the care, control and management of which it is

responsible.

5.6 Conduct of funeral by Board

(1) When conducting a funeral under section 22 of the Act the Board may –

(a) require a written request for it to conduct a funeral to be lodged with it;

(b) in its absolute discretion, charge any person requesting it to conduct a funeral the set fee for

the conduct of that funeral by it;

(c) where no fee or a reduced fee has been charged by it for the conduct of the funeral,

determine the manner in which the funeral shall be conducted;

(d) bury or cremate that dead body but may cremate the dead body only when a permit to

cremate has been obtained for that body under the Cremation Act 1929;

(e) specify an area in the cemetery where the dead body is to be buried or the ashes placed;

(f) conduct the funeral notwithstanding the failure of a person to make any application or to

obtain any consent required under this local law;

(g) do or require anything which it considers is necessary or convenient for the conduct of a

funeral by it.

Division 2 – Cremation

5.7 Metal coffins prohibited

Metal or metal-lined coffins shall not be accepted by the Board for cremation at the cemetery.

5.8 Polyvinyls, etc, prohibited

The use of polyvinyl or its derivative, polyurethane, aerosol cans, other sealed containers, glass and/or

other materials determined from time to time to be not appropriate to the cremation process by the

Board, in or upon coffins presented for cremation at the cemetery is prohibited.

5.9 Depositing the coffin

(1) The funeral director shall deposit the coffin for cremation upon the catafalque in the

crematorium chapel or at such other position within the cemetery as may be determined from

time to time by the Board.

(2) Once the coffin has been deposited for cremation in accordance with subclause (1), all further

services will be rendered by and be under the sole control of the Board.

5.10 Removal of the name plate and lead strip

The Board shall remove the name plate and lead strip from the coffin prior to cremation at a cemetery

and the lead strip shall be placed in the container with the ashes.

5.11 Removal of metal fittings

The Board may remove any metal or other fittings on coffins presented for cremation at the cemetery

which in the opinion of the Board could impede the cremation or cause damage to the cremation

equipment.

Division 3 – Placement of ashes

5.12 Disposal of ashes

(1) The personal representative of a deceased person whose body has been cremated may apply, in

an application under clause 3.1 or otherwise, for permission to dispose of the ashes in the

cemetery and upon payment of the set fee, the Board may grant permission for the ashes to be

disposed of by one of the following methods –

Niche wall

Memorial wall

Garden of remembrance

Ground niche

Memorial rose, tree or shrub

Family shrub

Memorial desk

Granite seat

Family grave

Book of remembrance

Scattering to the winds

Memorial gardens

Other memorials approved by the Board

(2) Subject to subclauses (3) and (4), a person shall not place the ashes of a deceased person in the

cemetery.

(3) An authorised officer may place the ashes of a deceased person in a cemetery in accordance

with the Board approval provided –

(a) the person requesting the placement of the ashes has the permission of the Board; and

(b) the ashes are placed within an area set aside for that purpose by the Board.

(4) An authorised officer may place the ashes of a deceased person within a grave in accordance

with the Board approval, provided the person requesting the placement of the ashes has the

written permission of the Board and the approval of the holder of the right of burial of the grave.

5.13 Availability of ashes

Subject to compliance with clause 5.12 and upon the payment of the set fee, the ashes of a deceased

person that have not been placed within the cemetery will be made available to the personal

representative of the deceased person during the normal office hours of the Board after the expiration

of 24 hours after the completion of the cremation at the cemetery.

5.14 Ashes held by the Board

(1) If at the expiration of 6 months from the date of cremation at a cemetery –

(a) the ashes of the deceased person have not been claimed; or

(b) no arrangements have been made for the placement of the ashes of a deceased person by

the personal representative, then the Board may dispose of the ashes in the cemetery by

any of the methods listed in clause 5.12.

(2) If prior to the expiration of 6 months from the date of cremation the personal representative of

the deceased person requests the Board to store the ashes of the deceased person, and pays to the

Board the set fee monthly in advance for such storage, the Board shall store the ashes in safe

custody.

(3) Notwithstanding subclause (2), should the personal representative default in the payment of the

fee referred to in subclause (2), the Board may dispose of the ashes in the cemetery by any of

the methods listed in clause 5.12.

PART 6 – BURIALS

6.1 Depth of graves

(1) A person shall bury a coffin within the cemetery so that the distance between the top of the

coffin and the original surface of the ground is –

(a) not less than 750 mm, or

(b) not less than 600 mm,

unless permission to vary the distance or depth of grave is granted by an authorised officer.

(2) The permission of the authorised officer will only be granted where, in the opinion of the

authorised officer, exceptional circumstances require granting of that permission.

6.2 Mausoleum, etc

(1) A person other than the Board shall not construct a brick grave, crypt, vault or mausoleum

within the cemetery.

(2) A person may request the Board to construct a vault or mausoleum within the cemetery which

vault or mausoleum shall at all times remain the property of the Board.

(3) An application under subclause (2) shall be in writing and shall be accompanied by payment of

the set fee.

(4) A person shall not place a dead body in a mausoleum except –

(a) in a closed coffin; and

(b) in a soundly constructed chamber; and

(c) in accordance with subclause (5).

(5) The number of burials in a chamber must not exceed the number for which the chamber was

designed.

Minister may order exhumation S58 The Minister may in writing order the exhumation of a body and the re-burial or disposal of the

ashes after cremation of the body in accordance with this Act and may further order how and by

whom the costs of the exhumation, re-burial or disposal shall be met.

Board may authorize exhumation and re-burial S59 A Board may in writing authorize the exhumation of a body buried in the cemetery and the re-

burial or disposal of the ashes after cremation of the body in that cemetery.

PART 7 – MEMORIALS AND OTHER WORK


Control of memorials S29 A Board shall control the kinds of memorial permitted in a cemetery and may impose different

requirements for different areas of a cemetery.

Permission for memorials

S30 (1) A person who wishes to place or erect a memorial in a cemetery shall apply to the Board

specifying the proposed location, design and materials of which the memorial is to be

composed and the Board may approve or, if the Board considers the location to be

incorrect or the proposed memorial to be inappropriate or indecorous or contrary to a

local law, refuse the application.

(2) A person shall not place or assist in placing or erecting a memorial in a cemetery without

the permission of the Board.

Penalty: $500

(3) A person shall not alter or add to, or assist in the alteration of or addition to or removal of,

a memorial in a cemetery without the permission of the board.

Penalty: $500

Removal or alteration of unauthorized memorial

S31 (1) If a memorial in a cemetery is placed or erected or altered without the permission of the

Board or, although placed, erected or altered with such permission, is placed, erected or

altered contrary to the local laws or other requirements or conditions of the permission of

the Board, the Board may give a written notice to the holder of the right of burial or other

person who has caused the memorial to be so placed, erected or altered requiring that

holder or other person within 28 days from receiving the notice to remove the memorial

from the cemetery or to alter it in the manner specified in the notice to the satisfaction of

the Board.

(2) If the holder of a right of burial or other person to whom a notice is given under

subsection (1) refuses to or otherwise fails to comply with the terms of the notice, the

Board may remove or alter the memorial and may recover from that holder of a right of

burial or other person the costs of the removal or alteration as a debt in a court of

competent jurisdiction.

Removal or alteration of memorial in disrepair

S32 (1) If a memorial in a cemetery is, in the opinion of the Board, in need of repair or is in such

a state of disrepair that repairs are not feasible, the Board may give a written notice to the

holder of the relevant right of burial requiring that person within 28 days from receiving

the notice to repair the memorial to the satisfaction of the Board or to remove the

memorial from the cemetery, as the case may require and as specified in the notice.

(2) If the holder of a right of burial to whom a notice is given under subsection (1) refuses to

or otherwise fails to comply with the terms of the notice, the Board may cause the

memorial to be repaired or removed from the cemetery and may recover from that holder

of a right of burial the costs of the removal or repair as a debt in a court of competent

jurisdiction.

7.1 Application for monumental work

A Board may require the written consent of the holder of the right of burial of the grave to accompany

an application under section 30 of the Act.

7.2 Placement of monumental work

Every memorial shall be placed on proper and substantial foundations.

7.3 Removal of rubbish

All refuse, rubbish or surplus material remaining after memorial works are completed under a permit

issued under section 30 of the Act shall be immediately removed from the cemetery by the person

carrying out the same.

7.4 Operation of work

All material required in the erection and completion of any work shall, as far as possible, be prepared

before being taken to the cemetery, and all materials required by tradesmen shall be admitted at such

entrance as the CEO or an authorised officer shall direct.

7.5 Removal of sand, soil or loam

No sand, earth or other material shall be taken from any part of the cemetery for use in the erection of

any memorial or work except with the written approval of the Board.

7.6 Hours of work

Persons shall not be permitted to carry out memorial or other work on graves within the cemetery

other than during the hours of 8.00am and 6.00pm on weekdays, and 8.00am and noon on Saturdays,

without the written permission of the Board.

7.7 Unfinished work

Should any work by masons or others be not completed before 6 p.m. on weekdays and noon on

Saturdays, they shall be required to leave the work in a neat and safe condition to the satisfaction of

the CEO or an authorised officer.

7.8 Use of wood

No wooden fence, railing, cross or other wooden erection shall be allowed on or around any grave,

other than as a temporary marker and with the prior approval of the Board.

7.9 Plants and Trees

No trees or shrubs shall be planted on any grave or within the cemetery except such as shall be

approved by the CEO.

7.10 Supervision

All workers, whether employed by the Board or by any other person, shall at all times whilst within

the boundaries of the cemetery be subject to the supervision of the CEO or an authorised officer and

shall obey such directions as the CEO or an authorised officer may give.

7.11 Australian War Graves

(1) Notwithstanding anything in this local law to the contrary, the Office of Australian War Graves

–

(a) may place a memorial on a military grave; and

(b) is not required to pay the set fee for any memorial that is placed upon a military grave.

7.12 Placing of glass domes and vases

(1) A person shall not place glass domes, vases or other grave ornaments –

(a) outside the perimeter of a grave in the cemetery as defined in the plans kept and

maintained under section 40(2) of the Act; or

(b) on the lawn in an area set aside by the Board as a lawn or a memorial plaque section.

Division 2 – Lawn section

7.13 Specification of monuments

(1) All monuments in the lawn section of a cemetery shall –

(a) be made of natural stone; and

(b) be placed upon a base of natural stone; and

(c) comply with the following specifications –

(i) the overall height of the monument above the original surface of the grave shall not

exceed 1.05 m;

(ii) the height of the base of the monument above the original surface of the grave shall

not be less than 150 mm nor more than 450 mm;

(iii) the width of the base of the monument shall not exceed 1.20 m;

(iv) the depth of the base of the monument shall not exceed 300 mm; and

(d) have foundations extending to the bottom of the grave unless concrete beam foundations

are provided by the Board.

(2) An admiralty bronze memorial plaque may be attached to a monument erected or being erected

in the lawn section of the cemetery.

(3) A person shall not display any trade names or marks upon any monument erected within the

lawn section of the cemetery.

7.14 Headstones

In the lawn section of the cemetery, that part of a headstone above its base shall not extend

horizontally beyond that base.

Division 3 – Memorial plaque section

7.15 Requirements of a memorial plaque

(1) All memorial plaques placed in a memorial plaque section of the cemetery shall –

(a) be made of admiralty bronze or any other material approved by the Board; and

(b) not be less than the dimensions 380 mm x 280 mm, nor more than 560 mm x 305 mm.

(2) All memorial plaques made of admiralty bronze shall –

(a) not exceed 20 mm in thickness; and

(b) be placed upon a base mounting approved by the Board.

(3) All memorial plaques made of stone shall –

(a) not exceed 50 mm in thickness placed upon a base mounting approved by the Board; or

(b) not be less than 100 mm in thickness if it is not to be placed upon a base mounting.

Division 4 – Licensing of Monumental Masons

7.16 Monumental mason’s licence

(1) The Board may upon receipt of an application in writing by any person and upon payment of the

set fee issue to the applicant a monumental mason’s licence.

(2) A licence issued under subclause (1) authorises the holder to carry out monumental works

within the cemetery subject to the provisions of this local law and such conditions as the Board

shall specify upon the issue of that licence.

7.17 Expiry date, non-transferability

(1) A monumental mason’s licence –

(a) shall be valid from the date specified therein until 30 June next following; and

(b) is not transferable.

7.18 Carrying out monumental work

(1) A person shall not carry out monumental work within the cemetery unless that person –

(a) is the holder of a current monumental mason’s licence issued pursuant to clause 7.16; or

(b) is an employee of a person who holds such a licence; or

(c) is authorised by the Board to do so.

7.19 Responsibilities of the holder of a monumental mason’s licence

The holder of a monumental mason’s licence shall be responsible for the compliance by every person

purporting to be authorised to carry out monumental works within the cemetery pursuant to that

licence with all the requirements and conditions of the licence, this local law, the Act and any other

written law which may affect the carrying out of monumental works.

PART 8 – GENERAL

8.1 Animals

Subject to clause 8.2, a person shall not bring an animal into or permit an animal to enter or remain in

the cemetery, other than with the approval of the CEO or an authorised officer.

8.2 Guide dogs

Clause 8.1 shall not apply to a hearing impaired person or a person who is blind or partially blind and

is accompanied by a hearing or guide dog.

8.3 Damaging and removing of objects

Subject to clause 8.4, a person shall not damage, remove or pick any tree, plant, shrub or flower in the

cemetery or any other object or thing on any grave or memorial or which is the property of the Board

without the permission of the Board.

8.4 Withered flowers

A person may remove withered flowers from a grave or memorial and these are to be placed in a

receptacle provided by the Board for that purpose.

8.5 Littering and vandalism

(1) A person shall not –

(a) break or cause to be broken any glass, ceramic or other material in or upon the cemetery;

(b) discard, deposit, leave or cause to be discarded, deposited or left any refuse or litter in or

upon the cemetery other than in a receptacle provided for that purpose.

8.6 Advertising

(1) A person shall not advertise or carry on any trade, business or profession within the cemetery

without the prior written approval of the Board.

(2) The Board may consider and grant approval subject to such conditions as the Board thinks fit.

8.7 Obeying signs and directions

A person shall obey all signs displayed, marked, placed or erected by the Board within the cemetery

and any other lawful direction by the CEO or an authorised officer.

8.8 Removal from the cemetery

Any person failing to comply with any provisions of this local law or behaving in a manner that in the

opinion of the Board, the CEO or an authorised officer is inappropriate in the cemetery may in

addition to any penalty provided by this local law be ordered to leave the cemetery by the Board, the

CEO or an authorised officer.

PART 9 – OFFENCES AND MODIFIED PENALTIES

9.1 General

A person who commits a breach of any provisions of this local law commits an offence and shall on

conviction be liable to a penalty not exceeding $500.00 and if the offence is a continuing one to a

further penalty not exceeding $20.00 for every day or part of a day during which the offence has

continued.


(1) The offences specified in Schedule 1 are offences which may be dealt with under section 63 of

the Act.

(2) The modified penalty payable in respect of an offence specified in Schedule 1 is set out in the

fourth column of Schedule 1.

(3) The prescribed form of the infringement notice referred to in section 63(1) of the Act is set out

in the Schedule 2.

(4) The prescribed form of the notice withdrawing an infringement notice referred to in section

63(3) of the Act is set out in Schedule 3.

__________________

Schedule 1 – Modified penalties [cl. 9.2]

Offences and Modified Penalties

Item

No. Clause Nature of offence Modified

penalty

1 5.4(1) Not driving vehicle on vehicular access way or constructed

roadways or within designated areas $50.00

2 5.4(2) Exceeding speed limit $50.00

3 7.3 Not removing rubbish and surplus materials $50.00

4 7.5 Unauthorised use of sand, earth or other material taken from

another part of the cemetery

$50.00

5 7.7 Leaving uncompleted works in an untidy or unsafe condition $50.00

6 8.1 Unauthorised bringing in of animal into cemetery or permitting

animal to remain in cemetery $50.00

7 8.3 Damaging and removing of objects $50.00

8 8.5 Littering and vandalism $50.00

9 8.6 Unauthorised advertising and/or trading $50.00

10 8.7 Disobeying sign or lawful direction $50.00

_________________

Schedule 2 – Infringement notice [cl. 9.2(3)]

Infringement Notice

To:________________________________________________________________________

(Name)

___________________________________________________________________________

(Address)

___________________________________________________________________________

It is alleged that at ___:____hours on________day of____________________20__________

at _______________________________________________________________________

you committed the offence indicated below by an (x) in breach of clause ............ of the Shire of

Ashburton.

_______________________

(Authorised Person)

Offence

Not driving vehicle on vehicular access way or designated areas

Exceeding speed limit

Not removing rubbish and surplus materials

Unauthorised use of materials taken from another part of the cemetery

Leaving uncompleted works in an untidy or unsafe condition

Unauthorised animal in cemetery

Damaging and removing of objects

Littering and vandalism

Unauthorised advertising and/or trading

Disobeying sign or lawful direction

Other Offence: _______________________________________________$____________

You may dispose of this matter by payment of the penalty as shown within 21 days of the date of this

notice (or the date of the giving of this notice if that is a different date) to the Chief Executive Officer

of the Shire of Ashburton at the Shire of Ashburton offices between the hours of 9 a.m. to 4.30 p.m.,

Monday to Friday.

Please make cheques payable to the Shire of Ashburton. Payments by mail should be addressed to –

The Chief Executive Officer

Shire of Ashburton

PO Box 567

TOM PRICE WA 6751

If the penalty is not paid within the time specified, then a complaint of the alleged offence may be

made and heard and determined by a court.

________________

Schedule 3 – Infringement withdrawal notice [cl. 9.2(4)]

Withdrawal of Infringement Notice

No.________ Date_____/______/_____

To: [1]______________________________________________________________________

Infringement Notice No__________dated____/_____/_____for the alleged offence of [2]

___________________________________________________________________________

Penalty [3] $__________ is withdrawn.

(Delete whichever does not apply)

* No further action will be taken.

* It is proposed to institute court proceedings for the alleged offence.

___________________

(Authorised Person)

[1] Insert name and address of alleged offender. [2] Insert short particulars of offence alleged. [3] Insert amount of penalty prescribed.

________________

Dated: 20 .

The Common Seal of the Shire of Ashburton was affixed by authority of a resolution of the Council in

the presence of –

K WHITE, President.

J BREEN, Chief Executive Officer.

Shire of Ashburton

Form 1

CEMETERIES ACT 1986

GRANT OF RIGHT OF BURIAL [cl. 3.1]

By virtue of the Cemeteries Act 1986, the Shire of Ashburton in consideration of the sum shown

hereunder paid by the Payer indicated on behalf of the Grantee named in the Schedule, hereby grants

to the said Grantee the RIGHT of BURYING BODIES in that piece of ground within the

Compartment, Section and Number on the plan of the Cemetery as shown hereunder.

TO HOLD the same to the said Grantee for the period of twenty five (25) years from the date hereof,

for purposes of burial only.

This Grant is issued subject to all Local Laws and Regulations now or hereafter in force, made, or to

be made under the above Act, or any future Act or Acts.

SCHEDULE

GRANT NO:................................................

GRANTEE:

Name.....................................................................................................................................

Address.................................................................................................................................

..............................................................................................................................................

PAYER:

Name.....................................................................................................................................

Address.................................................................................................................................

..............................................................................................................................................

SUM IN CONSIDERATION.......................................................................................... Dollars

OFFICE RECORDS

GRAVE SITE -

Compartment............................................. Deceased........................................................

Section....................................................... Application Number.......................................

Number...................................................... Register Folio.................................................

______________________ _________________ ________________

Signature of Issuing Officer Designation Date

NB: This grant is an important document and MUST BE PRODUCED before the grave can be

reopened and to an authorised monumental mason for the establishment of any headstone.

______________

Shire of Ashburton

Form 2

CEMETERIES ACT 1986

DECLARATION OF OWNERSHIP OF MISSING “GRANT OF RIGHT OF BURIAL”

I, [a]

of [b]

do solemnly and sincerely declare as follows –

1. I am the person described as [c]

in the Grant of Right of Burial numbered ...........................

issued by the Shire of Ashburton on [d] ........................................

2. [e]

3. I have not transferred any of my rights under the said Grant to any person.

This declaration is true and I know that it is an offence to make a declaration knowing that it is false in

a material particular.

This declaration is made under the Oaths, Affidavits and Statutory Declatations Act 2005 at [f]

________________________________________________________________________ [g] ________________ by –

Signature of Declarant _________________________________

In the presence of –

Signature of Authorised Witness: ________________________________

Name of authorised witness and

qualification as such a witness [h] ______________________________________________

[a] Full name of Declarant

[b] Address and Occupation of Declarant

[c] State whether Grantee or Assignee

[d] Date

[e] Set out circumstances leading to loss or destruction of Grant, and if lost, action taken by Declarant to ascertain

whereabouts of Grant.

[f] Address of the place

[g] Date

[h] Refer to Schedule 2 in the Oaths, Affidavits and Statutory Declarations Act 2005 for list of authorised witnesses for

statutory declarations (eg: Bailiff, Chemist, etc)

_______________

Shire of Ashburton

Form 3

CEMETERIES ACT 1986

ASSIGNMENT OF GRANT OF RIGHT OF BURIAL

[cl. 3.4]

To the Shire of Ashburton

I, ................................................................................................................................................................

of ...............................................................................................................................................................

being the holder of a grant of right of burial numbered ...........................................................................

and issued by the Shire of Ashburton on ........................................................................

in respect of the .................................................................................................. Cemetery for good and

valuable consideration assign all my rights under that grant

to ...............................................................................................................................................................

(Full name)

of ...............................................................................................................................................................

(address)

Dated this ........................................................................... day of ............................................. 20 ........

..............................................................

Signature of person assigning grant

..............................................................

Signature of person to whom grant is assigned

..............................................................

Signature of witness

Registered by the Shire of Ashburton on the ......... day of ................................. 20 ........

........................................

Authorised Officer

______________

Shire of Ashburton

Form 4

CEMETERIES ACT 1986

APPLICATION FOR BURIAL AND INSTRUCTION FOR GRAVE [cl. 3.1]

APPLICATION No....................................................................................................................................

SURNAME OF DECEASED: ..................................................................................................................

OTHER NAMES: .....................................................................................................................................

OCCUPATION: ........................................................................................................................................

ADDRESS: ................................................................................................................................................

AGE: .................................................. DATE OF DEATH: .../.../20....

DATE & TIME OF BURIAL: ................................. .../.../20... RELIGIOUS AFFILIATION:

AREA: .................................. SECTION: ................................. GRAVE NO: ....................................

LENGTH & WIDTH OF COFFIN: ................................ DEPTH OF GRAVE: ........................

SIZE OF GROUND: ........................................................ GRANT NO: .....................................

GRAVE TYPE:

PLACE ―X‖ IN BOX IF:

FIRST INTERMENT

MALE:

FEMALE:

IS A GRANT REQUIRED: No:

Yes:

OTHER INTERMENT APPLICATION NUMBERS:

.............................. ..............................

.............................. ..............................

.............................. ..............................

.............................. ..............................

NAME AND ADDRESS OF APPLICANT FOR/OR CURRENT HOLDER OF GRANT OF RIGHT

OF BURIAL: .............................................................................................................................................

....................................................................................................................................................................

....................................................................................................................................................................

SIGNATURE: ......................................................................................... DATE: .../.../20...

NAME OF MINISTER OR PERSON NAME OF FUNERAL

OFFICIATING: DIRECTOR:

........................................................... ..............................................................

SIGNATURE:.................................. SIGNATURE:......................................

DATE: ....../....../20... DATE: ...../...../20...

NAME AND ADDRESS OF PERSON MAKING APPLICATION FOR BURIAL:

....................................................................................................................................................................

....................................................................................................................................................................

SIGNATURE: ......................................................................................... DATE: ...../...../20...

DOCTOR’S CERT, REQ’D: CORONER’S ORDER REC’D:

GRANT OF BURIAL SENT:..../...../20... RECEIPT No. ISSUED: ..........................

MONUMENTAL MASON: ................... DATE WORKS APPROVED: ..../...../20...

________________

Shire of Ashburton

Form 5

CEMETERIES ACT 1986

APPLICATION FOR CREMATION AND INSTRUCTION FOR ASHES [cl. 3.2]

APPLICATION No....................................................................................................................................

SURNAME OF DECEASED: ..................................................................................................................

OTHER NAMES: .....................................................................................................................................

OCCUPATION: ........................................................................................................................................

ADDRESS: ................................................................................................................................................

AGE: ................ DATE OF DEATH: ....../....../20...

DATE & TIME OF BURIAL: ...../...../20... RELIGIOUS AFFILIATION:

AREA: ............................ SECTION: ........................... GRAVE NO:...............................

GRANT NUMBER: ....................................

GRAVE TYPE:

PLACE ―X‖ IN BOX IF:

MALE:

FEMALE:

OTHER INTERMENT APPLICATION NUMBERS:

.............................. ..............................

.............................. ..............................

.............................. ..............................

.............................. ..............................

NAME AND ADDRESS OF ADMINISTRATOR:

....................................................................................................................................................................

....................................................................................................................................................................

SIGNATURE

:................................................................................................................................................…………...

DATE: .................................................

DISPOSAL DETAILS:

....................................................................................................................................................................

....................................................................................................................................................................

NAME OF MINISTER OR PERSON NAME OF FUNERAL

OFFICIATING: DIRECTOR:

........................................................... .............................................................

SIGNATURE:.................................. SIGNATURE:......................................

DATE: .../.../19... DATE: .../.../20...

DATE CREMATION PERMIT ISSUED: .../.../20...

No. OF CREMATION PERMIT: .............................

RECEIPT No: ......................................

TELEPHONE No: ...............................

CERT. OF CREMATION PREPARED: .../.../20...

LETTERS RE DISPOSAL OF ASHES SENT: .../.../20...

ORDERED: ..../...../20...

COMPLETED: ..../...../20...

________________

Shire of Ashburton

Form 6

CEMETERIES ACT

CERTIFICATE OF IDENTIFICATION [cl. 3.4(1)]

I, ................................................................................................................................................................

of ...............................................................................................................................................................

hereby certify that on the ................................... day of ................... 20 .............. at ...............................

I identified the body of a deceased person as that of ...............................................................................

The body was in a coffin bearing the name plate/inscription marked:

...................................................................................................................................................................

SIGNED: ................................................

WITNESS: ..............................................

______________

Shire of Ashburton

Form 7

CEMETERIES ACT 1986

CERTIFICATE DISPENSING WITH IDENTIFICATION [cl. 3.4(2)]

I, ................................................................................................................................................................

of ...............................................................................................................................................................

the funeral director engaged to arrange the funeral of the body of

....................................................................................................................................................................

certify that –

(a) the body has not been identified because –

* in my opinion, the body is not in a fit state to be viewed

* after reasonable effort I have been unable to have an identification made;

and

(b) the body is in a coffin bearing the name plate/inscription marked: ..........................................

......................................................................................................................................................

Dated this ..................................................................... day of ............................................ 20 ...............

Signed: ......................................................................................................................................................

Endorsed by the applicant for the funeral: ...............................................................................................

(Full name)

Signed: ......................................................................................................................................................

(Signature)

(* delete if inapplicable)

________________

Shire of Ashburton

Form 8

CEMETERIES ACT 1986

APPLICATION FOR FUNERAL DIRECTOR’S LICENCE [s. 17(1)]

[i] .....................................................................................................................................................….

hereby applies for the issue of a licence for the period beginning ....................... day of ................ 20...

and ending on 30 June 20.... [ii] to undertake funerals within the Cemetery and in support of such

application supplies the following particulars.

1. To be completed by all Applicants

(a) Trading name of business

...............................................................................................................................................

(b) Address from which business will be carried out .................................................................

...........................................................................................Telephone No: ...............................…...

(c) Number of years for which Applicant has previously held a Funeral Director’s Licence ...

(d) Details of offences under the Cemeteries Act, Cremation Act or the Local Law of any

Cemetery for which the Applicant or persons employed by the applicant have been

convicted

...............................................................................................................................................

(e) Full name, address and capacity of person completing this application

[iii] ......................................................................................................................................

2. To be completed if Applicant is a Company

(a) Full names and address of:

Director/s .......................................................................................................................…...

Manager/s ......................................................................................................................…...

Secretary ........................................................................................................................…...

(b) Registered Office ..........................................................................................................……

3. To be completed if Applicant is a Partner

Full name and address of partner/s

................................................................................................................................................

..............................................................................................................................................

4. To be completed if Applicant is neither Company nor Partnership

Full name [iv] ...............................................................................................................................

Address

Signature of person completing application

..................................................

DIRECTIONS FOR COMPLETION

[i] Name of Applicant or Company or business name

[ii] The maximum period is one year

[iii] State whether applying in person or own behalf, or

as a partner of a firm or a manager of a Company

[iv] If this information has already been given under

item 1(e) write ―as in item 1(e)‖

OFFICE USE ONLY Received .........................................................

Referred to Council ........................................

Approved ........................................................

Licence issued ................................................

Shire of Ashburton

Form 9

CEMETERIES ACT 1986

FUNERAL DIRECTOR’S LICENCE

[s. 17(2)]

...................................................................................................................................................................

of ................................................................................................................................................................

is hereby licensed to undertake funerals within the ......................................... Cemetery from the

....................day of ............................................... 20 ......... until 30 June 20 .........

Place of business........................................................................................................................................

Conditions..................................................................................................................................................

....................................................................................................................................................................

....................................................................................................................................................................

Given this .......................day of ....................................... 20 ...

by authority of the Shire of Ashburton.

........................................................

Chief Executive Officer

Shire of Ashburton

Form 10

CEMETERIES ACT 1986

APPLICATION FOR SINGLE FUNERAL PERMIT [cl. 4.2]

I, (name) ....................................................................................................................................................

of (address) ................................................................................................................................................

hereby make application for a SINGLE FUNERAL PERMIT for the Late .............................................

....................................................................................................................................................................

to take place on (day) .............................................. (month) ................................................. 20 ............

at (time) ......................................................... and in support of this application I hereby submit –

1. Medical Certificate

Coroner’s Certificate

Permit to Cremate

Application for Burial

Application for Cremation

2. I have permission to re-open the grave if required.

3. The deceased will be enclosed in a substantial casket having the following dimensions –

Length ................................. Width ................................... Depth .....................…..............

4. The casket will be obtained from ............................................................................….........

5. There will be legible name stamped on a lead plate under the name plate on the top of the

coffin.

6. The vehicle used to transport the coffin within the cemetery is a suitable vehicle of the

following description –

Vehicle Make ................................... Type ........................................ Year .......…..............

7. If a permit is issued I will comply with the Shire of Ashburton Cemeteries Local Law

2012 and conditions prescribed by the local government and pay the required fees.

(Signature) .....................................................

Office Use Only

Application No.:

Approval of Vehicle and Casket:

Refer to Council:

Licence issued:

________________

Shire of Ashburton

Form 11

CEMETERIES ACT 1986

AUTHORITY FOR PLACEMENT OF ASHES [cl. 5.12]

Application No. ...............

Of the Late .................................................................................................................................................

Died ........................................................................................... Aged .....................................................

Instructions for placement of ashes –

Total amount payable ...................................................................................... $......................................

If second interment state name of first interment ......................................................................................

Location (if known) ...................................................................................................................................

Name of personal representative: ..............................................................................................................

Address ......................................................................................................................................................

Telephone: (Home) .............................................................. (Work) ......................................................

Signature ................................................................................ Date ...............................................

_________________

Shire of Ashburton

Form 12

CEMETERIES ACT 1986

APPLICATION FOR MONUMENTAL WORK [cl. 7.1]

Application No. .....................

Grant No. ...............................

Name of Deceased .....................................................................................................................................

Area ........................................... Section .................................................... Grave No. ...........................

Name of Applicant ....................................................................................................................................

Address of Applicant .................................................................................................................................

I HEREBY CERTIFY THAT I AM AUTHORISED AS/BY THE HOLDER OF THE GRANT OF

RIGHT OF BURIAL FOR THE ABOVEMENTIONED GRAVE TO APPROVE ERECTION OF

THE MEMORIAL DETAILED HEREIN AND I ACCEPT THAT THE APPROVAL ISSUED WILL

BE SUBJECT TO CONDITIONS STIPULATED IN THE CEMETERIES ACT, THE GRANT OF

RIGHT OF BURIAL AND THE LOCAL LAW AND REGULATIONS NOW OR HEREAFTER IN

FORCE.

Signature .............................................................. Date ...........................................

NOTE: The Shire of Ashburton indemnified against any liability attributed to any incorrect statements

or information contained in this form.

DETAILS OF MASON:

This section to be completed by the monumental mason –

Name of Firm ............................................................................................................................................

Quoted Cost .............................................................................................. Date ..............................…….

Address ......................................................................................................................................................

Signature of Mason ...................................................................................................................................

Do You Wish To: (Please Tick)

Add further inscription

Renovate or add further

Install a new Memorial

PLAN AND SPECIFICATIONS:

NOTE: All plans and specifications of memorials submitted must be carefully drawn and fully

dimensioned and all materials specified. All descriptions to be in BLOCK LETTERS, all

ornaments etc, to be shown and dimensioned. Size of dowels and dowel holes to be

specified.

______________

Shire of Ashburton

Form 13

CEMETERIES ACT 1986

APPLICATION FOR MONUMENTAL MASON’S LICENCE [cl. 7.16]

I/We the undersigned hereby apply for the issue of a licence for the period beginning on (date)

...................................20...... and ending on (date) ...................................................................... 20 .....

to undertake and complete monumental work within the cemetery and in support of this application

enclose a fee of $ ................................. and provide the following particulars.

1. To be completed by all Applicants

(a) Address from which business will be carried on: .................................................................

............................................................. Telephone No: ................................................

(b) Number of years for which Applicant has previously held a Monumental Mason’s

Licence: ……………………….

(c) Full name, address and capacity of person completing this application: .............................

...............................................................................................................................................

2. To be completed if the Applicant is a Company

(a) Full names and addresses of:

Director/s ..............................................................................................................................

...............................................................................................................................................

Manager/s .............................................................................................................................

Secretary ........................................................................................................................…...

(b) Registered Office:

...........................................................................................................................................

3. To be completed if Applicant is a Partner

(a) Full name and address of partner/s .......................................................................................

...............................................................................................................................................

4. To be completed if Applicant is neither a Company nor Partnership

Full name: .......................................................................................................................................

Address: ..........................................................................................................................................

Dated: ..................... 20....

Signature:..........................................................................

Shire of Ashburton

MONUMENTAL MASON’S LICENCE

Date Received .....................................

Date Approved ....................................

Conditions: ................................................................................................................................................

....................................................................................................................................................................

Signature of Issuing Officer: ............................................... Designation: ......................................

Date: ....................................................................................

__________________


the presence of —

K WHITE, Shire President.


GOVERNMENT GAZETTE, WA 11959 March 1998]


PERTH, MONDAY, 9 MARCH 1998 No. 43


SPECIAL


SHIRE OF ASHBURTON


STANDING ORDERS

HEALTH ACT 1911

HEALTH LOCAL LAWS 1998

jbrayford

Typewritten Text

ATTACHMENT 11.2A

GOVERNMENT GAZETTE, WA [9 March 19981196



SHIRE OF ASHBURTON

STANDING ORDERS

TABLE OF CONTENTS

PART 1—PRELIMINARY MATTERS1. Citation2. Commencement3. Repeal of Previous Local Law4. Content and Intent5. Meetings, Proceedings and Business to be Conducted According to Standing Orders6. Interpretations

PART 2—MEETINGS OF THE COUNCIL7. Meeting Day and Time8. President to Preside9. Notice of Meetings—Members to Receive Notice

10. Quorum and Attendance at Meetings11. Notices of Motions—Ordinary and Extraordinary Business12. Business to be Specified in the Notice Paper13. Minutes of Meetings—Recording and Inspection14. Confirmation of Minutes15. Additions to the Agenda16. Written Declarations of Financial Interests17. Announcements18. Ordinary Meeting—Order of Business19. Special Meetings—Order of Business20. Adjourned Meetings—Order of Business

PART 3—MEETING—PROCEDURE AND CONDUCTPublic Address Session and Presentations

21. Verbal Address to the Council22. Telephone and Video Conferencing23. Written Address to the Council24. Presentations

Conduct of Meetings25. Official Titles to be Used26. Debate—Maintenance of Order—Imputations—Offensive Expressions27. Demand for Withdrawal28. Members to Occupy Own Seats29. Smoking and Alcohol

Conduct of Members During Debate30. Members to Address the President31. Priority32. Relevance33. Limitation on the Number of Speeches34. Members Not to Interrupt

Debate of Motions—Procedure35. Motion to be Seconded36. Only One Substantive Motion to be Considered37. Order of Debate

Motions of a Procedural Nature38. Allowable Procedural Motions39. That the Question be Now Put40. That the Question be Referred Back to Committee41. That the Ruling of the President be Disagreed With42. That the Motion Lie on the Table43. That Standing Orders be Suspended


44. That the Council Meet Behind Closed Doors45. Reason for Closure to be Stated46. Procedural Motions Not Required in Writing47. Recording of Procedural Motions in the Minutes48. Majority Required49. Closing Debate—Who May Move50. Right of Reply on Substantive Motion

Decision Making Procedures52. Voting and Decisions—Majority to Determine53. Breaking Down of Complex Questions54. Order of Amendments55. Foreshadowed Motion56. Substantive Motion57. Repetition of Motions58. Consent of Seconder Required to Accept Alteration of Wording59. Withdrawal of Motion and Amendments60. Limitation of Withdrawal61. Authority for Withdrawal62. Right of Reply63. Right of Reply Provisions64. Amendments Must Not Negate Original Motion65. Mover of Motion Not to Speak on Amendment66. Question—When Put67. All Members to Vote68. Methods of Taking Votes69. Votes may be Recorded70. Revoking Decisions

Points of Order71. Points of Order—When to Raise—Procedure72. Points of Order—Definitions73. Points of Order—Ruling74. Points of Order—Ruling Conclusive, Unless Dissent Motion is Moved75. Points of Order—Motion Against Ruling Procedure76. Points of Order Take Precedence

Adjournment of Meeting77. Meeting May Be Adjourned78. Notice of Adjourned Meeting79. Business at Adjourned Meeting80. Limit of Moving Adjournment of Council81. Unopposed Business—Motion for Adjournment of Council82. Withdrawal of Motion for Adjournment of Council

Making a Personal Explanation83. Personal Explanation84. Personal Explanation—When Heard85. Ruling on Questions of Personal Explanation

PART 4—COMMITTEES OF COUNCIL86. Council May Establish Committees87. Minutes of Committees88. Standing Orders to apply to Committees89. Committees Generally Open to the Public

PART 5—ELECTORS MEETINGS90. Electors Meetings—Proceedings

PART 6—MISCELLANEOUS MATTERS91. Complaints92. President to Ensure Compliance93. Breaching of Standing Orders—Council May Take Action

SCHEDULE 1Written Declaration of Financial Interests



SHIRE OF ASHBURTON

LOCAL LAW RELATING TO THE CONDUCT OF PROCEEDINGSAND THE BUSINESS OF COUNCIL—STANDING ORDERS

In pursuance of the powers conferred upon it by the abovementioned Act and all powers enabling it, theCouncil of the Shire of Ashburton hereby records having resolved on the 20 January 1998 to make thefollowing local law.

PART 1—PRELIMINARY MATTERS1. CitationThis local law shall be cited as the “Local Law Relating to the Conduct of Proceedings and the Businessof Council—Standing Orders”.


3. Repeal of Previous Local LawThe Shire of Ashburton Local Law Relating to Standing Orders published in the Government Gazette on28 June 1991 and all other local laws relating to the Standing Orders are hereby repealed.

4. Content and IntentThis local law provides for rules and guidelines, which apply to the conduct of meetings of Council andcouncil committees convened under the provisions of the Act, and is intended to result in—

(a) better and more open and accountable decision-making by the Council;(b) the orderly conduct of meetings dealing with Council business;(c) the community gaining a greater opportunity to participate in the decision-making process of

the Council; and(d) the more efficient and effective use of time at meetings and administrative time in preparing

for meetings.

5. Meetings, Proceedings and Business to be Conducted According to Standing Orders(1) The meetings, proceedings and business of council are to be conducted in accordance with the Act

and/or its regulations and where not specifically prescribed, according to this local law, the clauses ofwhich shall be referred to as “The Standing Orders”.

(2) The President may dispense with Clause 37 to allow general discussion on matters before theCouncil.

(3) The President shall decide all questions of order, procedure, debate or otherwise where no provi-sion or insufficient provision is made in the Act, its Regulations or these Standing Orders.

6. Interpretations(1) The following interpretations should be used in these Standing Orders, unless the context other-

wise requires—“absolute majority” is more than 50% of the total number of members of the Council or a committee

whether they are present or not.“Act” means the Local Government Act 1995.“Chief Executive Officer” means the chief non elected officer of the Shire or other officer who, for the

time being, is acting in that capacity.“clause” means a clause of these standing orders.“committee” means any committee appointed in accordance with the provisions of the Act.“council” means the Council of the Shire of Ashburton.“designated employees” means a Chief Executive Officer, a person, other than the Chief Executive

Officer, to whom any power or duty has been delegated under Division 4, an employee who is amember of a committee comprising council members and employees and any employee nomi-nated by the council to be a designated employee.

“exceptional circumstances” means such circumstances as determined by the Council by way of aresolution.


“meeting” includes any Ordinary or Special Meeting of the Council or any other meeting held inaccordance with the Act and properly convened as the Act requires.

“member” means the President, or a Councillor of the Council.“officer” means an employed member of the staff of the Council.“President” includes the Deputy President, in the absence of the President, and any member chosen

to preside at any meeting of a committee in the manner prescribed in the Act.“simple majority” is more than 50% of the members present and voting.“substantive motion” means any motion other than an amendment or a procedural motion.

(2) Unless otherwise defined herein, the terms and expressions used in this local law shall have thesame meaning given to them in the Act or its regulations.

(3) Where a term is not defined in these Standing Orders, the Act or regulations, the terminology is tobe taken from the Oxford Dictionary.

PART 2—MEETINGS OF THE COUNCIL7. Meeting Day And TimeNo alteration to the days and times of Ordinary Meetings of Council, other than a temporary alterationto remain in force for not more than one month shall be made unless it is agreed to by a simple majorityof Council.

8. President To PresideSubject to the Act, the President, or in his/her absence, the Deputy President or in his/her absence amember appointed by resolution of the Council shall preside at any meeting of the Council.

9. Notice of Meetings—Members to Receive NoticeNotice of meetings of the Council shall be given by, or on behalf of, the Chief Executive Officer in accord-ance with the Act.

10. Quorum and Attendance at Meetings(1) In accordance with the Act, the quorum at all meetings of the Council shall be at least 50% of the

total number of members of the Council.(2) In exceptional circumstances, a member may participate in a meeting, via telephone or video

conference, or such other means determined by the Council, however the extent of that participation willbe determined by the Act and subsequently by way of a resolution of Council.

(3) In resolving to allow a member to participate in a manner prescribed in (2) Council shall haveregard for any policy statements it has relating to this matter.

11. Notices of Motions—Ordinary and Extraordinary BusinessMembers may bring forward business in the form of a written motion, of which notice shall be given inwriting to the Chief Executive Officer, up to seven (7) business days before the meeting at which it is tobe brought forward for discussion.

12. Business to be Specified in the Notice PaperNo business shall be transacted at any meeting other than that specified in the notice relating theretoexcept matters which the Act or these standing orders permit to be dealt with without notice.

13. Minutes of Meetings—Recording and Inspection(1) The person presiding at the meeting shall cause minutes of the meeting to be kept in accordance

with the Act.(2) Unconfirmed minutes of each Council or committee meeting shall be available for inspection by

members of the public in accordance with the Act.

14. Confirmation of Minutes(1) The minutes of any preceding meeting or meetings as prescribed in the Act shall be submitted for

confirmation and no discussion of them shall be permitted except as to their accuracy as a record of theproceedings.

(2) Each page of the minutes shall be initialed by the President or the member presiding over themeeting, as prescribed in the Act, at the point in the meeting in which the minutes are confirmed, exceptthe last page of the minutes must receive a full signature and date.

15. Additions to the AgendaIn cases of extreme urgency or other special circumstances, Additions to the Agenda, with the consent ofa simple majority of the members present may be read and dealt with at an Ordinary Meeting.

16. Written Declarations of Financial Interests(1) Members will declare the nature of their interest, and if required, the extent of their interest to the

Chief Executive Officer in writing, in the form prescribed in Schedule 1, prior to the meeting in whichthe interest needs to be declared.

(2) Designated employees will declare their interest to the Chief Executive Officer in writing and theChief Executive Officer shall declare his interest to the President in writing prior to the meeting.

(3) The Chief Executive Officer in the case of designated employees and members, and the Presidentin the case of the Chief Executive Officer shall draw to the attention of the meeting any interests de-clared in writing.


17. AnnouncementsMembers are required to forward their announcements to the Chief Executive Officer, in writing, seven(7) business days prior to the meeting.

18. Ordinary Meeting—Order of BusinessThe Order of Business of an Ordinary Meeting of the Council shall be as follows—

(a) Opening(b) Public Address Session and Presentations(c) Confirmation of Minutes(d) Apologies and Leave of Absence(e) Additions to the Agenda(f) Written Declarations of Financial Interest(g) Declaration By Members that they Have Given Due Consideration to all Matters Contained in

the Agenda Presently Before the Meeting(h) Announcements—

PresidentCouncillorsChief Executive Officer

(i) Technical & Development Services(j) Community Services

(k) Corporate Services(l) Confidential Matters

(m) Closing

19. Special Meetings—Order of BusinessThe order of business for all Special Meetings of the Council shall be that prescribed in the notice paperfor the meeting.

20. Adjourned Meetings—Order of BusinessAt an adjourned meeting of the Council, no business is to be transacted other than that specified in thenotice of the meeting which had been adjourned and which remains unresolved except in the case of anadjournment to the next Ordinary Meeting of the Council, when the business unresolved at the adjourn-ment shall have precedence at that Ordinary Meeting and is to be dealt with prior to “Announcements”.

PART 3—MEETINGS—PROCEDURE AND CONDUCTPublic Address Session and Presenations

21. Verbal Address to the CouncilThe following procedure shall be adopted for the conduct of the Public Address Session—

(a) Questions and statements relating to the Agenda before Council will be called for first.(b) If time permits, addresses to Council on any matter relating to the Shire which are not on the

Agenda will be called for.(c) Each person is restricted to three (3) minutes speaking time.(d) Any person addressing Council must resume their seat when called upon to do so by the Presi-

dent.(e) Speakers will be called upon to resume their seat if they resort to personal denigration of a

member, Council Officer or another member of the public.(f) No discussion or debate is to be entered into; however, members can ask questions, through the

chair, to the person addressing the Council.(g) The President may respond to an address or call upon a member or officer to comment.(h) The member or Officer may decline but if the Council has not considered the subject matter of

the address then no commitments on behalf of the Council shall be made.(i) Comments on the matter(s) raised may also be answered administratively by way of a letter.(j) The Council shall resolve that those items that have been identified by the public for discussion

be dealt with immediately following the Announcements, for the convenience of the public,before proceeding with the rest of the Agenda.

(k) No discussion is to be entered into between members and the public during discussion of anAgenda Item.

22. Telephone and Video ConferencingMembers of the public may address the Council via video or telephone conference in accordance with thefollowing procedure—

(a) The person(s) wishing to address Council in this manner shall be required to advise the ChiefExecutive Officer, in writing seven (7) business days prior to the meeting, the subject matter tobe raised and their contact details.

(b) The Council shall contact the person(s), at that point in the meeting when the address is tooccur.


23. Written Address to the CouncilMembers of the public are given the opportunity to address the council in writing in accordance with thefollowing procedure—

(a) A member of the public may address the Council in writing and that must be forwarded to theChief Executive Officer at least seven (7) business days prior to the meeting.

(b) The Chief Executive Officer will table any written addresses received at the end of the PublicAddress Session and council by resolution, will formally receive them.

(c) The questions/statements will be read aloud by the Chief Executive Officer and the Presidentwill determine whether a response will be provided at the meeting or answered administra-tively by way of a letter.

(d) Questions/statements that, in the opinion of the Chief Executive Officer contain defamatorystatements or are related to an administrative matter will not be read out but responded toadministratively.

(e) If the person is present in the gallery then no discussion or debate is to be entered into, how-ever, members can ask questions, through the chair, to the person addressing the Council.

24. Presentations(1) Persons wishing to be received by the Council shall be required to advise the Chief Executive

Officer, in writing seven (7) business days prior to the meeting, the specific matters to be raised in thepresentation and the Chief Executive Officer shall arrange to have the written subject matter and pres-entation included on the Agenda of the Council meeting.

(2) A presentation shall not exceed three (3) people in number and any member of the group shall be atliberty to address the Council.

(3) The maximum time allowed for any one presentation shall be fifteen (15) minutes.

(4) Presentations may be conducted via television or video conference, however such participationshall be conducted in accordance with Clause 22.

Conduct of Meetings25. Official Titles to be Used

(1) Members shall speak of each other during a meeting of the Council by their respective titles ofPresident, Deputy President or Councillor.

(2) Members in speaking of or addressing officers shall designate them by their respective officialtitles.

26. Debate—Maintenance of Order—Imputations—Offensive ExpressionsNo member may impute motives or use offensive or objectionable expressions in reference to any mem-ber, officer of the Council, or any other person.

27. Demand for Withdrawal(1) If a member commits a breach of Clause 26 the President, or council by resolution, may require

that member to withdraw unreservedly any offending comment and to make a satisfactory apology.(2) If a member declines or neglects to do so, the President may direct such member to cease speaking

and may call on the next speaker.

28. Members to Occupy Own SeatsThe Chief Executive Officer will assign seating arrangements in such a way that as near as practicableWard Members are seated next to each other and the members shall, until such time as there is a call bymembers for a re-allotment of positions occupy that position when present at meetings of the Council.

29. Smoking and AlcoholSmoking and the consumption of alcohol is prohibited in the Council Chambers, together with suchother buildings during which a meeting of the Council is held.

Conduct of Members during Debate

30. Members to Address the PresidentAny member moving a motion or amendment or taking part in the discussion thereof shall address thePresident.

31. PriorityIn the event of two or more members wishing to speak at the same time, the President shall decidewhich member is entitled to be heard first.

32. RelevanceEvery member shall restrict remarks to the motion or amendment under discussion, or to an explana-tion or point of order.

33. Limitation on the Number of Speeches(1) All addresses shall be limited to a maximum of five (5) minutes.(2) Extension of time is permissible only with the agreement of the majority of members present.


34. Members Not to InterruptNo member shall interrupt another whilst speaking unless it is to raise a point of order or to call atten-tion to the absence of a quorum.

Debate of Motions—Procedure35. Motion to be SecondedNo motion or amendment to a substantive motion may be considered by the Council, or be in order untilit has been seconded.

36. Only One Substantive Motion to be ConsideredWhen a substantive motion is under consideration by the Council at any meeting, no further substan-tive motion shall be accepted or debated.

37. Order of DebateThe President will call speakers to a substantive motion in the following order—

(a) A member is to move the motion;(b) A member is to second the motion;(c) The mover of the motion is to speak to the motion;(d) A speaker against the motion is to speak;(e) The President will then call on speakers for and against the motion, alternating in view, if

any; and(f) The mover will then take a right of reply, which will close the debate.

Motions of a Procedural Nature38. Allowable Procedural MotionsIn addition to proposing a properly worded amendment to a substantive motion, it is permissible for amember to move a procedural motion as outlined in clauses 39 to 44.

39. That the Question be Now Put(1) This motion, having been carried during discussion on a substantive motion without amendment

will cause the President to offer the right of reply and then immediately put the question under consid-eration without further debate.

(2) This motion having been carried during discussion on an amendment will cause the President toput the amendment to the vote without further debate.

(3) This motion having been lost will cause the debate to continue.

40. That the Question be Referred Back to CommitteeThis motion, having been carried by the Council during discussion of a committee recommendation, or aquestion falling within the powers and duties of a committee established by the Council will cause thePresident to offer the right of reply to any substantive motion before the meeting and then immediatelyput the question without further debate.

41. That the Ruling of the President be Disagreed With(1) This motion, having been carried, will cause the ruling of the President about which this motion

was moved, to be reversed and for the meeting to proceed accordingly.(2) Where the President has given a ruling in accordance with the Act, its regulations or these stand-

ing orders this motion shall not be moved.

42. That the Motion Lie on the Table(1) This motion, having been carried, will cause debate on the substantive motion and any amend-

ment to cease immediately and for the meeting to proceed accordingly.(2) Any member may raise a motion from the table, by giving appropriate notice of motion for any

meeting in the future.(3) When the motion is raise from the table, the mover of the original substantive motion, or in ab-

sence of the original mover, the person moving this procedural motion, is given the opportunity to re-introduce the matter after which debate shall continue according to these standing orders.

43. That Standing Orders be Suspended(1) This motion, having been carried, will cause the standing orders, or such clause or clauses as

stated to be suspended.(2) The mover of a motion to suspend any clause or clauses of these Standing Orders shall state the

clause or clauses to be suspended, and the reason for suspension.(3) A motion to suspend, temporarily, any one or more of the clauses regulating the proceedings and

business of the council or a committee must be seconded.

44. That the Council Meet Behind Closed Doors(1) In accordance with the Act, the motion if carried will cause the general public and any officers the

Chief Executive Officer determines, to leave the room.


(2) No person shall, in any way publish or make public any of the discussion taking place on a matterdiscussed behind closed doors, but this prohibition shall not extend to the actual resolution(s) carried asa result of such discussion and recorded in the minute book.

45. Reason for Closure to be StatedA member who moves a motion under Clause 44 shall state the reason for moving the motion and thismust relate to a matter contained in Section 5.23(2) of the Act.

46. Procedural Motions Not Required in WritingProcedural motions are not required to be presented in writing.

47. Recording of Procedural Motions in the MinutesThe mover, seconder and result of all procedural motions shall be recorded in the minutes of the meet-ing.

48. Majority RequiredAny procedural motion shall be carried upon the simple majority of members present voting in theaffirmative.

49. Closing Debate—Who May MoveNo member who has moved, seconded or spoken for or against the substantive motion, may move anyprocedural motion which, once moved would deny others the right to speak or, if carried would close thedebate on the substantive motion or amendment.

50. Right of Reply on Procedural MotionsThere shall be no right of reply on any procedural motion.

51. Right of Reply on Substantive MotionThe carrying of a procedural motion which closes debate on the substantive motion or amendment andforces a decision on the substantive motion or amendment will not deny the right of reply, to the moverof the substantive motion.

Decision-Making Procedures

52. Voting and Decisions—Majority to DetermineAll acts of the council, and all questions coming before the council may be decided by a simple majorityof the members present and voting, at a properly constituted meeting, unless otherwise provided for inthe Act, its regulations or these standing orders.

53. Breaking Down of Complex QuestionsThe President may order a complex question to be broken down and put in the form of several motions,which shall be put in sequence.

54. Order of AmendmentsAny number of amendments may be proposed to a motion, but whenever any amendment is made upona substantive motion, no second or subsequent amendment shall be moved or considered until the firstamendment has been disposed of.

55. Foreshadowed MotionDuring the course of the debate on an amendment to a motion a member may give notice of his/herintention to move a motion or amendment when the question before the meeting is decided.

56. Substantive MotionIf an amendment to a substantive motion is carried, the motion as amended shall then be submitted asthe substantive motion, and shall become the question before the meeting upon which any member mayspeak and any further amendment may be moved.

57. Repetition of MotionsNo motion or amendment shall be proposed which is the same in substance as a motion or amendment,which has been resolved during the same sitting or during the last 3 months, unless agreed by anabsolute majority.

58. Consent of Seconder Required to Accept Alteration of WordingThe mover of a substantive motion may not alter the wording of the motion without the consent of theseconder.

59. Withdrawal of Motion and AmendmentsCouncil may, without debate, grant leave to withdraw a motion or amendment upon request of themover of the motion or amendment and with the approval of the seconder provided that there is no voiceexpressed to the contrary view by any member, in which case discussion on the motion or amendmentshall not continue.

60. Limitation of WithdrawalWhere an amendment has been proposed to a substantive motion, the substantive motion shall not bewithdrawn, except by consent of the majority of members present, until the amendment proposed hasbeen withdrawn or lost.


61. Authority for WithdrawalA motion or amendment to a motion shall not be withdrawn in the absence of any member, who proposedit, except with that member’s written authority.

62. Right of Reply(1) The mover of a substantive motion shall have the right of reply.(2) After the mover of the substantive motion has commenced the reply, no other member shall speak

on the question.(3) The right of reply must be confined to rebutting arguments raised by previous speakers and no new

matter may be introduced.

63. Right of Reply ProvisionsThe right of reply shall be governed by the following provisions—

(a) If there is no amendment to the substantive motion, the mover may reply at the conclusion ofthe discussion on the motion.

(b) If there is an amendment, the mover of the substantive motion shall take the right of reply atthe conclusion of the vote on any amendments.

(c) The mover of the amendment does not have a right of reply.(d) Once the right of reply has been taken, there can be neither further discussion, nor any other

amendment and the substantive motion as amended is immediately put to the vote.

64. Amendments Must Not Negate Original MotionNo amendment to a motion can be moved which negates the original motion or the intent of the originalmotion.

65. Mover of Motion Not to Speak on AmendmentOn an amendment being moved, any member may speak to the amendment, except the person whomoved the substantive motion who is only entitled to a right of reply except, that if the person whomoved the substantive motion does choose to speak to the amendment, that person’s right of reply isforfeited.

66. Question—When PutWhen the debate upon any question is concluded and the right of reply has been exercised, the Presidentshall immediately put the question and, if so desired by any member, shall cause the motion to be againstated.

67. All Members to VoteSave where the Act otherwise provides, at every meeting of the council every member shall vote, and ifany member who is entitled to vote fails to vote, then that person commits an offence.

68. Method of Taking Vote(1) In putting the question to the council the President shall ask whether there is any objection to the

motion, and if not the motion is carried unanimously.(2) If objection is raised to the motion, the President shall put the question as often as necessary to

determine the decision from a show of hands or such other method determined by the Council, beforedeclaring the decision.

(3) If the votes of members present at a council meeting are equally divided, the President may cast asecond vote.

(4) If the President declines to use his/her casting vote then the question shall be resolved in thenegative.

(5) If the President uses his/her casting vote then the question shall be recorded in the minutes asbeing carried on the basis of the President using his/her casting vote.

69. Votes may be RecordedIf a member at a meeting asks that his or her vote, or the vote of all members present, be recorded in theMinutes, this shall be done.

70. Revoking Decisions(1) If a decision has been made at a council meeting, then any motion to revoke or change the decision

must be supported—(a) in the case where an attempt to revoke or change the decision had been made within the previ-

ous 3 months but had failed, by an absolute majority; or(b) in any other case, by at least one third of members of the council whether vacant or not.

(2) If a decision has been made at a council meeting, then any decision to revoke or change the firstmentioned decision must be made—

(a) in the case of where the decision to be revoked or changed was required to be made by anabsolute majority, by that kind of majority; or

(b) in any other case, by an absolute majority.(3) This clause does not apply to the change of a decision unless the effect of the change would be that

the decision would be revoked or would become substantially different.


Points of Order71. Points of Order—When to Raise—Procedure

(1) Upon a matter of order arising during the progress of a debate, any member may raise a point oforder including interrupting the speaker.

(2) Any member who is speaking when a point of order is raised, shall immediately cease while thePresident listens to the point of order.

72. Points of Order—DefinitionsA difference of opinion or a contradiction of a speaker shall not be recognised as a point of order, but thefollowing shall be recognised as valid points of order—

(a) That the discussion is of a question not before the meeting;(b) That offensive or insulting language or behaviour is being used; or(c) Drawing attention to the violation of any local law or standing order of the council, providing

that the member raising the point of order shall state the local law or standing order believedto be breached.

73. Points of Order—RulingThe President shall give a decision on any point of order after the point has been raised by either uphold-ing or rejecting the point of order.

74. Points of Order-Ruling Conclusive, Unless Dissent Motion is MovedThe ruling of the President upon any question of order shall be final, unless a majority of the memberssupport a motion of dissent with the ruling.

75. Points of Order—Motion Against Ruling Procedure(1) An objection having been taken to the ruling of the President, the member so objecting may imme-

diately move dissent with the ruling.(2) Should the motion be seconded it shall be put to the vote immediately and the result of the vote,

whether in support of the ruling or otherwise, shall determine the action to be taken.

76. Points of Order Take PrecedenceNotwithstanding anything contained in these standing orders to the contrary, all points of order takeprecedence over any other discussion and until decided, suspend the consideration and decision of everyother question.

Adjournment of Meeting77. Meeting May be AdjournedThe council may, upon a motion moved and seconded, adjourn any meeting to a later hour of the sameday or to any other time not more than seven (7) days from the date of adjournment.

78. Notice of Adjourned MeetingWhen a meeting is adjourned, if time permits, notice of the adjourned meeting shall be forwarded toeach member in accordance with the Act, its regulations or these standing orders.

79. Business at Adjourned MeetingAt an adjourned meeting, no additional business shall be discussed except that which was on the origi-nal notice paper for that meeting.

80. Limit to Moving Adjournment of CouncilNo member shall be allowed to move or second more than one motion of adjournment during the samesitting of the council

81. Unopposed Business—Motion for Adjournment of CouncilOn a motion for the adjournment of the council, the President, before putting the motion, may seek leaveof the council to proceed to the transaction of unopposed business.

82. Withdrawal of Motion for Adjournment of CouncilA motion or an amendment relating to the adjournment of the council may be withdrawn by the mover,with the consent of the seconder, except that if any member objects to the withdrawal the motion mustcontinue to be debated.

Making a Personal Explanation83. Personal Explanation

(1) No member shall speak, except upon the question before the meeting, unless it is to make a per-sonal explanation.

(2) Any member who is permitted to speak under these circumstances must confine the observationsto a succinct statement of what is to be explained in relation to a specific part of the former speech whichmay have been misunderstood and to the explanation itself.

(3) When a member gives an explanation, that member shall make no reference to matters not strictlynecessary for that purpose, nor endeavour to strengthen the former position by introducing new argu-ment or matter, nor reply to other members of the council.


84. Personal Explanation—When HeardA member wishing to make a personal explanation of matters referred to by any member then speakingshall be entitled to be heard forthwith, if the member then speaking consents at the time, but if themember who is speaking declines to give way, the explanation must be offered at the conclusion of thatspeech.

85. Ruling on Questions of Personal ExplanationThe ruling of the President on the admissibility of a personal explanation shall be final unless a motionof dissent with the ruling is moved before any other business proceeds.

PART 4—COMMITTEES OF COUNCIL86. Council May Establish Committees

(1) The Council may establish committees, as it deems necessary.(2) Committees of the Council shall operate in accordance with the Act, its regulations and these

Standing Orders.(3) The tenure of committee membership shall be in accordance with the Act.

87. Minutes of Committees(1) Minutes of committees, upon receipt will be referred directly to Council for consideration and

recommendation to the Council on matters arising therefrom.(2) Where such minutes do not contain any recommendations requiring Council consideration, they

are to be notified to Councillors via the “Information Bulletin” publication and not processed throughthe Council meeting.

88. Standing Orders to Apply to CommitteesThese Standing Orders shall apply generally to the proceedings of committees of the Council, exceptthat the requirement for Members to speak only once shall not be applied in committee meetings.

89. Committees Generally Open to the Public(1) All meetings of any committee to which a local government power or duty has been delegated by

the Council shall be open to the public.(2) All meetings of a committee comprising members only as outlined in section 5.9(2)(a) of the Act

shall be open to the public, whether or not such a local government power or duty of the council has beendelegated.

PART 5—ELECTORS MEETINGS90. Electors Meetings—ProceedingsThe proceedings of Electors Meetings are to be conducted in accordance with the Act, its regulations andthese Standing Orders.

PART 6—MISCELLANEOUS MATTERS91. Complaints

(1) If any person has any complaint concerning the performance, ability, character or integrity of anymember, officer or employee of the Council, or any act or omission and desires to bring such complaint tothe notice of the Council, he/she shall notify the Chief Executive Officer of the complaint, in writing,giving such details that are available in order that the complaint may be investigated.

(2) If a complaint or criticism is made concerning an officer of the Council, the Chief Executive Officershall investigate the matter and provide a report to the Council as appropriate.

(3) If a complaint or criticism is made concerning a member that person may reply to the complaint orcriticism either in writing to the President or Chief Executive Officer, or with the consent of the Council,to the Council itself.

92. President to Ensure Compliance(1) The President is authorised and empowered to ensure that meetings are conducted in accordance

with the Act, its regulations and to the extent determined by the President, these Standing Orders.(2) It is the duty of the Chief Executive Officer to draw attention of the President to any breach or

likely breach of the Standing Orders, even if it requires interrupting any person speaking.

93. Breach of Standing Orders—Council May Take ActionThe Council may take proceedings under the Act against any person committing a breach of these StandingOrders.


SCHEDULE 1

WRITTEN DECLARATION OF FINANCIAL INTERESTS

Chief Executive OfficerShire of AshburtonPO Box 567TOM PRICE WA 6751Dear SirWRITTEN DECLARATION OF FINANCIAL INTERESTPursuant to Section 5.65 of the Local Government Act, I (1)...................................................................wish to declare a financial interest in the following item(s) to be considered by Council at its meeting tobe held on (2).................................................... .1. Agenda Item (3)............................................... . The nature of my interest is (4) ................................................................................................................................................................................................................I wish to be present and participate in any discussion or decision making procedure relating to the itemand therefore would like Council to declare my interest (5)........................................................................ .The extent of my interest is (6) .............................................................................................................................................................................................................................................................................................. .2. Agenda Item (3)........................................... . The nature of my interest is (4)..................................................................................................................................................................................................................I wish to be present and participate in any discussion or decision making procedure relating to the itemand therefore would like Council to declare my interest (5)....................................................................... .The extent of my interest is (6).....................................................................................................................................................................................................................................................................................................I understand that the above information will be recorded in the minutes of the meeting and placed in theFinancial Interest Register.Yours faithfully................................................Signed...............................................Date

(1) Insert your name.(2) Insert the date of the Council meeting to which the item is to be considered.(3) Insert the Agenda Item No.(4) Insert the nature of your interest.(5) Insert either “Trivial” or “in common with a significant number of ratepayers or electors”.(6) Insert the extent of your interest.

Dated this 20th day of January 1998.

The Common Seal of the Shire of Ashburton was hereunto affixed in the presence of—

BRIAN HAYES, Shire President.DAVID G. CAREY, Chief Executive Officer.


HEALTH ACT 1911

SHIRE OF ASHBURTON


ARRANGEMENT

PART 1—PRELIMINARYSection

1. Citation2. Repeal3. Interpretation

PART 2—SANITATIONDivision 1—Sanitary Conveniences

4. Interpretation5. Dwelling house6. Premises other than a dwelling house7. Outdoor festivals8. Toilets9. Temporary works

10. Maintenance of sanitary conveniences and fittings11. Ventilation of toilets12. Public sanitary conveniences13. Lighting14. Installation

Division 2—Bathrooms, Laundries and Kitchens15. Bathrooms16. Laundries17. Washing or keeping of clothes in kitchens18. Kitchens

PART 3—HOUSING AND GENERALDivision 1—Maintenance of Houses

19. House maintenance20. Gutterings and downpipes21. Maintenance of guttering and downpipes and disposal of rainwater

Division 2—Ventilation of Houses22. Exemption for short term hostels23. Overcrowding24. Calculated sufficient space25. Ventilation26. Sub-floor ventilation

Division 3—Water Supply27. Water supply28. Rain water tanks29. Wells30. Pollution

Division 4—Secondhand Furniture, Bedding and Clothing

31. Prohibition of sale32. Prohibition of possession

Division 5—Morgues33. Licensing of morgues


PART 4—WASTE FOOD AND REFUSEDivision 1—Liquid Refuse

34. Interpretation35. Deposit of liquid refuse36. Disposal of liquid waste37. Approval for septic tank pumpouts38. Application for approval39. Notice of intention

Division 2—Disposal of Refuse40. Interpretation41. Prescribed areas42. Receptacles43. Exemption44. Use of receptacles45. Damage to receptacles46. Use of other containers47. Suitable enclosure48. Deposit of refuse49. Removal from refuse disposal site50. Removal of rubbish from premises or receptacle51. Burning of rubbish or refuse

Division 3—Transport of Butchers’ Waste52. Interpretation53. Restriction of vehicles54. Transport of butchers’ waste

PART 5—NUISANCESDivision 1—Nuisances

55. Interpretation56. Footpaths etc. to be kept clean57. Escape of smoke etc.58. Public vehicles to be kept clean59. Prohibition against spitting60. Transportation, use and storage of offal or blood61. Use or storage of fertiliser62. Storage and despatch of artificial fertiliser63. Storage of fertiliser in a house

Division 2—Keeping of Animals64. Cleanliness65. Animal enclosures66. Cats67. Slaughter of animals68. Disposal of dead animals

Division 3—Keeping of Large Animals69. Interpretation70. Keeping of animals71. Stables72. Proximity of animals to a dwelling house73. Manure receptacles

Division 4—Keeping of Poultry and Pigeons74. Interpretation75. Limitation on numbers of poultry and pigeons76. Conditions on keeping poultry77. Roosters78. Pigeons or doves79. Removal of non-conforming structure or enclosure80. Restrictions on pigeon nesting or perching

Division 5—Car Parks81. Interpretation82. Ventilation83. Exhaust air discharge points and exhaust registers84. Car park attendant booths


PART 6—PEST CONTROLDivision 1—Flies

85. Interpretation86. Fly breeding matter not to be left on premises unless covered or treated87. Measures to be taken by an occupier88. Officer may give notice directing measures to be taken89. Council may execute work and recover costs

Division 2—Mosquitoes90. Interpretation91. Premises to be kept free of mosquito breeding matter92. Measures to be taken by an owner or occupier93. Measures to be taken by occupier94. Removal of undergrowth or vegetation95. Filling in excavations etc.96. Drains, channels and septic tanks97. Drainage of land

Division 3—Rodents98. Interpretation99. Measures to be taken to eradicate rodents

100. Waste food etc. to be kept in rodent proof receptacles101. Restrictions on materials affording harbourage for rodents102. Eating house etc. to be cleaned after use103. Restrictions on the sale or keeping of rats

Division 4—Cockroaches104. Interpretation105. Measures to be taken to eradicate cockroaches

Division 5—Argentine Ants106. Interpretation107. Measures to be taken to keep premises free from Argentine Ants

Division 6—European Wasps108. Interpretation109. Measures to be taken to keep premises free from European Wasp Nests

Division 7—Bee Keeping110. Interpretation111. Limitation on numbers of hives112. Restrictions on keeping of bees in hives113. Bees which cause a nuisance not to be kept

Division 8—Arthropod Vectors of Disease114. Interpretation115. Responsibility of the owner or occupier

PART 7—INFECTIOUS DISEASES

Division 1—General Provisions

116. Environmental Health Officer may visit, inspect and report117. Requirements on owner or occupier to clean, disinfect and disinfest118. Environmental Health Officer may disinfect or disinfest premises119. Insanitary houses, premises and things120. Medical Officer may authorise disinfecting121. Persons in contact with an infectious disease sufferer122. Declaration of infected house or premises123. Destruction of infected animals124. Disposal of a body125. Council may carry out work and recover costs

Division 2—Disposal of Used Condoms and Needles126. Disposal of used condoms127. Disposal of used needles

Division 3—Skin Penetration128. Interpretation129. Duties of practitioner


PART 8—LODGING HOUSESDivision 1—Registration

130. Interpretation131. Lodging house not to be kept unless registered132. Application for registration133. Approval of application134. Renewal of registration135. Notification upon sale or transfer136. Revocation of registration

Division 2—Construction and Use Requirements137. General construction requirements138. Insect screening139. Sanitary conveniences140. Laundry141. Kitchen142. Cooking facilities143. Dining room144. Lounge room145. Fire prevention and control146. Obstruction of passages and stairways147. Fitting of locks148. Restriction on use of rooms for sleeping149. Sleeping accommodation short term hostels150. Furnishing etc. of sleeping apartments151. Ventilation152. Numbers to be placed on doors

Division 3—Management and Care153. Keeper or manager to reside in the lodging house154. Register of lodgers155. Keeper report156. Certificate in respect of sleeping accommodation157. Duplicate keys and inspection158. Room occupancy159. Notifiable Infectious disease160. Maintenance of a room by a lodger or resident161. Cleaning and maintenance requirements162. Responsibilities of lodgers and residents163. Approval for storage of food

PART 9—OFFENSIVE TRADESDivision 1—General

164. Interpretation165. Consent to establish an offensive trade166. Notice of application167. Registration of premises168. Certificate of registration169. Change of occupier170. Alterations to premises171. Occupier includes employee

Division 2—General Duties of an Occupier172. Interpretation173. Cleanliness174. Rats and vermin175. Sanitary conveniences and wash basins176. Painting of walls etc177. Effluvia, vapours or gases178. Offensive material179. Storage of materials180. Specified offensive trades181. Directions182. Other duties of occupier

Division 3—Fat Rendering Establishments183. Interpretation184. Exhaust ventilation185. Covering of apparatus186. Rendering of walls


Division 4—Fish Premises187. Interpretation188. Fish preparation room189. Bench190. Disposal of waste191. Fish containers192. Cooking of fish193. Use of a portable box194. Fish transport vehicles

Division 5—Flock Factories195. Interpretation196. New and used material197. Collection and removal of dust198. Building requirements199. Unclean rags200. Bedding and upholstery

Division 6—Laundries, Dry Cleaning Establishments and Dye Works201. Interpretation202. Receiving depot203. Reception room204. Walls and floors205. Laundry floor206. Escape of dust207. Precautions against combustion208. Trolleys209. Sleeping on premises

PART 10—OFFENCES AND PENALTIES210. Offences and penalties

SCHEDULES OF FORMS AND FEESScheduleNumber Description

1. Application for Registration of a Lodging House2. Certificate of Registration of a Lodging House3. Notice of Change of Owner of a Lodging House4. Register of Lodgers5. List of Lodgers6. Certificate of Sleeping Accommodation7. Certificate of Sleeping Accommodation for a Lodging House with more than 20 Sleeping

Apartments8. Application for Licence of a Morgue9. Licence of a Morgue

10. Application for Consent to Establish an Offensive Trade11. Application for Registration of Premises for Offensive Trade12. Certificate of Registration of Premises for Offensive Trade13. Prescribed Fees14. Prescribed Prohibited Areas—Piggeries15. Prescribed Areas—Section 112A


HEALTH ACT 1911

SHIRE OF ASHBURTON


Pursuant to the powers under the Health Act 1911, the Council of the Shire of Ashburton makes thefollowing local laws.

PART 1—PRELIMINARYCitation1. These local laws may be cited as the “Shire of Ashburton Health Local Laws 1998”.

Repeal2. (1) The Health Local Laws adopted by the Shire of Ashburton on 12 December 1956 and published inthe Government Gazette of 28 May 1957, and amended from time to time by the Shires of Ashburton andWest Pilbara, are repealed .

(2) The Health Local Laws adopted by the Shire of Tableland on 12 October 1963 and published in theGovernment Gazette of 28 February 1964, and amended from time to time by the Shires of Ashburtonand West Pilbara, are repealed.

Interpretation3. (1) In these local laws, unless the context otherwise requires—

“Act” means the Health Act 1911 and includes subsidiary legislation made under the Health Act1911;

“adequate supply of water” means a flow of water of not less than 0.076 litres per second;“approved” means approved by an Environmental Health Officer;“AS” means Australian Standard published by the Standards Association of Australia;“Building Code” means the Building Code of Australia as adopted by the Building Regulations 1989

made under the Local Government (Miscellaneous Provisions) Act 1960;“Chief Executive Officer” means the Chief Executive Officer of the Shire of Ashburton and includes

an Acting Chief Executive Officer;“Council” means the Council of the Shire of Ashburton;“district” means the district of the Shire of Ashburton and includes any area placed under the juris-

diction of the Council pursuant to section 22 of the Act;“dwelling house” means a place of residence containing at least one sleeping room and includes a

room or outbuilding separate from, but ancillary to, the building in which the sleeping room islocated;

“Environmental Health Officer” means an Environmental Health Officer appointed by the Councilunder the Act and includes an Acting or Assistant Environmental Health Officer;

“habitable room” means a room used for normal domestic activities, and(a) includes a bedroom, living room, lounge room, music room, television room, kitchen, dining

room, sewing room, study, play-room, family room and sun-room; but(b) excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, lobby, pho-

tographic dark room, clothes-drying room, and other spaces of a specialised nature occu-pied neither frequently nor for extended periods;

“hot water” means water at a temperature of at least 75 degrees Celsius;“Medical Officer” means the Medical Officer appointed by the Council under the Act and includes an

Acting Medical Officer so appointed;“Principal Environmental Health Officer” means an Environmental Health Officer appointed by the

Council to the office of Principal Environmental Health Officer and includes an Acting PrincipalEnvironmental Health Officer;

“public place” includes every place to which the public ordinarily have access, whether by paymentof a fee or not;

“sanitary convenience” includes urinals, water-closets, earth-closets, privies, sinks, baths, washtroughs, apparatus for the treatment of sewage, ash-pits, ash-tubs, or other receptacle for thedeposit of ashes, faecal matter, or refuse, and all similar conveniences;

“sewage” means any kind of sewage, nightsoil, faecal matter or urine, and any waste composedwholly or in part of liquid;

“sewer” includes sewers and drains of every description, except drains to which the word “drain” asdefined in the Act applies, also water channels constructed of stone, brick, concrete, or any othermaterial, including the property of a Council;

“street” includes any highway, and any public bridge, and any road, lane, footway, square, court,alley or passage, whether a thoroughfare or not;


“toilet” means a water closet, earth closet, privy or urinal and includes a room or cubicle in whichone or more of these is located;

“water” means drinking water within the meaning of the Guidelines for Drinking Water Quality InAustralia—1987 as published by the National Health and Medical Research Council; and

“window” means a glass panel, roof light, glass brick, glass louvre, glazed sash, glazed door, or otherdevice which transmits natural light directly from outside a building to the room concernedwhen in the closed position.

(2) Where in these local laws a duty or liability is imposed on an “owner or occupier”, the duty orliability shall be deemed to be imposed jointly and severally on each of the owner or occupier.

(3) Where under these local laws an act is required to be done or forbidden to be done in relation to anypremises, the owner or occupier of those premises has, unless the contrary intention appears, the duty ofcausing to be done the act so required to be done, or of preventing from being done the act so forbidden tobe done, as the case may be.

PART 2—SANITATIONDivision 1—Sanitary Conveniences

Interpretation4. In this Part, unless the context otherwise requires—

“festival” includes a fair, function or event;“organiser” means a person—

(a) to whom approval has been granted by the Council to conduct the festival; or(b) responsible for the conduct of the festival;

“public sanitary convenience” means a sanitary convenience to which the public ordinarily haveaccess, whether by payment of a fee or not; and

“temporary sanitary convenience” means a sanitary convenience, temporarily placed for use by—(a) patrons in conjunction with a festival; or(b) employees at construction sites or the like.

Dwelling House5. (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless it hasat least one toilet.

(2) A room in which a toilet is located shall have adequate lighting.

Premises other than a Dwelling House6. (1) The owner of premises other than a dwelling house shall not use or occupy, or permit to be usedor occupied, premises other than a dwelling house unless—

(a) the premises have sanitary conveniences in accordance with the Building Code and this Part;(b) the toilets required by these Local Laws are situated within a reasonable distance and are

easily accessible to the persons for whom they are provided; and(c) the premises have hand wash basins—

(i) in accordance with the Building Code;(ii) for the use of persons employed or engaged on the premises;

(iii) provided with an adequate supply of water supplied by taps located over each basin;(iv) separate from any trough, sink or basin used in connection with any process carried out on

the premises; and(v) situated within a reasonable distance of the sanitary conveniences and easily accessible to

the person for whom they are provided.(2) The occupier of premises other than a dwelling house shall ensure that—

(a) clean toilet paper is available at all times in each cubicle;(b) a sanitary napkin disposal facility is provided in each toilet set aside for the use of females; and(c) each hand wash basin is provided with—

(i) an adequate supply of soap or other hand cleaning substances; and(ii) hand drying facilities, situated adjacent to and visible from the hand basin.

Outdoor Festivals7. (1) The organiser of an outdoor festival at which not more than 20,000 people are expected to attendshall provide sanitary conveniences in accordance with the following scale—

(a) for the first 1,000 males—(i) one water closet for each 250;

(ii) one urinal stall for each 100; and(iii) one hand wash basin for each 500;

(b) for additional males—(i) one water closet for each 500;

(ii) one urinal stall for each 100; and(iii) one hand wash basin for each 500;


(c) for the first 1,000 females—(i) one water closet for each 77; and

(ii) one wash hand basin for each 500; and(d) for additional females—

(i) one water closet for each 100; and(ii) one wash hand basin for each 500.

(2) Where, under sub-section (1), the number of a particular sanitary convenience to be provided is nota whole number, that number shall be rounded up to the next higher whole number.

(3) The organiser of an outdoor festival at which more than 20,000 people are expected to attend shallprovide sanitary conveniences of a number as directed by an Environmental Health Officer.

Toilets8. (1) Toilets on premises shall be maintained in accordance with the following requirements—

(a) the door to a toilet, other than an internal toilet, shall be properly screened to a continuousheight of 1.8 metres from the floor;

(b) a toilet or its entrance which is visible from overlooking windows shall be properly screened;(c) the floor of any internal toilet shall be—

(i) of concrete or of other approved impervious material of an approved thickness; and(ii) graded to a floor waste outlet and proper discharge pipe with flap valve fitted and, where

necessary, protected by an approved sump; and(d) the floor of any external toilet shall be—

(i) of concrete or of other approved impervious material of an approved thickness; and(ii) graded to the door or alternatively an approved outlet.

(2) Toilets on premises other than a dwelling house shall be maintained in accordance with the follow-ing additional requirements—

(a) a toilet for the exclusive use of males shall not adjoin any toilet for the exclusive use of femalesunless the toilets are separated by a wall extending from floor to ceiling and of sufficient den-sity to blanket sound; and

(b) where more than one toilet is provided on the premises, the entrance to each toilet shall bear asuitable sign indicating for which sex its use is intended.

Temporary Works9. A person who undertakes temporary work at any place shall—

(a) provide and maintain for the use of persons engaged, whether as employees or as independentcontractors or otherwise, one temporary approved toilet for every 20 such persons; and

(b) remove the toilet at the conclusion of the work or at an earlier time in accordance with a direc-tion from an Environmental Health Officer, and ensure the site is left clean.

Maintenance of Sanitary Conveniences and Fittings10. (1) The occupier of premises shall—

(a) keep clean, in good condition and repair; and(b) whenever required by an Environmental Health Officer, effectively disinfect and clean,

all sanitary conveniences including sanitary fittings in or on the premises.(2) The owner of premises shall—

(a) keep or cause to be kept in good repair; and(b) maintain an adequate supply of water to,

all sanitary conveniences including sanitary fittings in or on the premises.

Ventilation of Toilet11. (1) A toilet in any premises shall be ventilated in accordance with the Sewerage (Lighting, Ventila-tion and Construction) Regulations 1971 and the Building Code and shall be—

(a) mechanically ventilated to external air, through a fully enclosed duct at a minimum rate of 25litres per second per fixture, but in no case less than 10 air changes per hour; or

(b) naturally ventilated to the external air by the provision of—(i) fixed and permanently ventilated windows or skylights;

(ii) fixed glazed louvred windows; or(iii) wall or ceiling vents, ducted as directly to the outside air as is practical and boxed through-

out,situated in both the room in which the toilet is located and any adjacent airlock.

(2) A mechanical ventilation system provided under sub-section (1)(a) shall—(a) be separate and distinct from any other system of mechanical ventilation in the building;(b) be of an exhaust type;(c) where it is provided for a building of more than 2 storeys, have a ventilating fan and power unit

in duplicate; and(d) be maintained in good working order and condition.


(3) A natural ventilation system provided under sub-section (1)(b) shall have—(a) a clear ventilation area of not less than 0.015 square metres per fixture; and(b) a window of light transmitting area equivalent to not less than ten percent of the floor area.

(4) A toilet with an entrance opening from—(a) a room used for the manufacture, storage or consumption of food;(b) a room used for sleeping or other domestic activities; or(c) a room used as a work place,

shall be mechanically ventilated as required by sub-section (1)(a) and the entrance shall be fitted with adoor having an efficient self closing device.

(5) Access to a toilet from a room used for the manufacture, storage and consumption of food shall bethrough an airlock ventilated in accordance with these local laws.

Public Sanitary Conveniences12. (1) A person shall not—

(a) foul;(b) damage or vandalise; or(c) write on or otherwise deface,

a public sanitary convenience or sanitary fixtures or fittings or the premises in or on which the sanitaryconvenience is located.

(2) A person using a public sanitary convenience shall where the convenience has been provided by theCouncil and a charge for its use has been levied, forthwith pay that charge.

(3) A person shall not live or sleep in or on the premises in which a public sanitary convenience islocated or use it for a purpose other than that for which it was intended.

Lighting13. The owner and occupier of premises in which a sanitary convenience or a public sanitary conven-ience is located shall provide and maintain adequate electric lighting for persons using the convenience.

Installation14. (1) Every sanitary convenience shall be installed in accordance with the requirements of the Metro-politan Water Supply Sewerage and Drainage Act 1909 and shall have an adequate supply of water.

(2) Every temporary sanitary convenience shall be installed in accordance with the requirements ofthe Health (Temporary Sanitary Conveniences ) Regulations 1997.

Division 2—Bathroom, Laundries and Kitchens

Bathrooms15. (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without abathroom that—

(a) is adequately lined with an impervious material and has an adequate ceiling;(b) complies with the Health Act (Laundries and Bathrooms) Regulations; and(c) is equipped with—

(i) a wash hand basin; and(ii) either a shower in a shower recess or a bath.

(2) The floor of the bathroom referred to in sub-section (1) shall be—(a) of concrete or of other approved impervious material of an approved thickness; and(b) properly surfaced with an even fall to a floor waste, suitably trapped and discharging to—

(i) the drainage system of a licensed water service operator; or(ii) a proper discharge pipe with flap valve fitted and, where necessary, protected by an ap-

proved sump.(3) All baths, showers, hand basins and similar fittings shall be provided with an adequate supply of

hot and cold water.

Laundries16. (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without alaundry that—

(a) is properly enclosed and roofed;(b) is adequately lined with an impervious material;(c) has a floor of concrete or other approved impervious material of an approved thickness;(d) is properly surfaced, with an even fall to a floor waste, suitably trapped and discharging to—

(i) the drainage system of a licensed water service operator; or(ii) a proper discharge pipe with flap valve fitted and, where necessary, protected by an ap-

proved sump; and(e) is a room in which food is not stored, prepared, served or consumed.


(2) In the case of a single occupancy dwelling, the laundry referred to in sub-section (1) shall have—(a) either—

(i) two wash troughs and one copper; or(ii) a washing machine and either a wash trough or a sink; and

(b) a clothes drying facility comprising either an electric clothes dryer or not less than 20 metres ofclothes line erected externally.

(3) All wash troughs, sinks, coppers and washing machines shall be—(a) in a laundry and connected to an adequate supply of hot and cold water; and(b) properly supported,

and all wash troughs and sinks shall have a capacity of at least 36 litres.(4) Sole or multiple occupancy units, each being a separate dwelling, shall have—

(a) laundry facilities, in accordance with the Building Code, for the exclusive use of the occupantsof each unit; or

(b) a separate laundry, with communal laundry facilities in accordance with the Building Code, forup to 4 sole occupancy units that do not have their own laundry facilities.

(5) Where, in any building, a laundry is situated adjacent to a kitchen or a room where food is storedor consumed, the laundry shall be separated from the kitchen by a wall extending from the floor to theroof or ceiling.

(6) Where there is an opening between a laundry and a kitchen or other room where food is stored orconsumed, the opening shall—

(a) not be more than 1220 millimetres wide; and(b) have a door which when closed shall completely fill the opening.

Washing or Keeping of Clothes in Kitchens17. A person shall not in any kitchen or other place where food is kept—

(a) wash or permit to be washed any clothing or bedding; or(b) keep or permit to be kept any soiled clothing or bedding.

Kitchens18. (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without akitchen equipped with—

(a) an electric, gas, wood or other fuel burning stove;(b) an oven with a capacity of not less than 0.005 cubic metres per person usually accommodated in

the house with a minimum capacity of 0.03 cubic metres; and(c) a sink which shall

(i) be at least 380 millimetres long, 300 millimetres wide and 150 millimetres deep; and(ii) have an adequate supply of hot and cold water.

(2) The occupier of a dwelling house shall ensure that the stove, oven and sink are kept clean, in goodorder and repair and fit for use.

(3) A cooking facility shall—(a) be installed in accordance with the requirements of the Office of Energy; and(b) not be installed or used in any room other than a kitchen.

(4) Mechanical extraction shall be provided in a kitchen and the exhaust air shall be—(a) carried to the outside air as directly as practicable; and(b) boxed throughout.

(5) In this section, a “cooking facility” includes a stove, oven, facility or appliance used for or in connec-tion with the cooking of food.

PART 3—HOUSING AND GENERALDivision 1—Maintenance of Houses

Dwelling House Maintenance19. The owner or occupier of a dwelling house shall maintain the dwelling house and any appurtenantbuildings in sound condition and fit for use and, in particular, shall—

(a) maintain all roofs and where required to be provided, guttering and downpipes in sound weath-erproof condition;

(b) maintain any footings, foundations and walls, either external or internal, in a sound condition;(c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material in

any verandah, roof, walls, steps, handrails, floors or their supports with material of soundquality;

(d) comply with the directions of an Environmental Health Officer to treat the premises for thepurpose of destroying any termites;

(e) maintain any brick, stone, mortar or cement work in a sound condition;(f) maintain, repair or replace any flashings or ant caps which are missing or defective;


(g) maintain all ventilators in good order and repair;(h) maintain all floors even in surface and free from cracks;(i) maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and fit-

tings complete and with smooth unbroken surfaces;(j) maintain all doors and windows in good working order and weatherproof condition;

(k) retain all natural lighting free from any obstruction which would reduce the natural lighting,below the ratio of 10% of the floor area;

(l) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewerage sothat they comply in all respects with the provisions of the Metropolitan Water Supply, Sewerageand Drainage Act 1909 and any other legal requirements to which they are subject; and

(m) maintain all electric wiring, gas services and fittings to comply in all respects with the require-ments of the Office of Energy.

Guttering and Downpipes20. When required by the Council a house shall be provided with gutters, downpipes and drains, andwhen so required, the owner of a house shall not use or occupy, or permit to be used or occupied, a houseunless—

(a) the house is provided with adequate guttering, downpipes and drains sufficient to receive with-out overflow all rainwater flowing into them and for all rain water to be effectively disposed ofto the satisfaction of an Environmental Health Officer;

(b) the guttering and downpipes are fixed to the eaves of every roof of the house so that all rainwater flowing from the roof shall be received by such guttering and downpipes;

(c) all downpipes from guttering are connected so as to discharge into drains, which shall emptyinto a soak well, or other suitable storm water scheme;

(d) each soak well is located at least 1.8 metres from any building and at least 1.8 metres from theboundary of the block; and

(e) any rainwater from any downpipe is not discharged onto any unpaved surface of land within1.5 metres of any house.

Maintenance of Guttering and Downpipes and Disposal of Rainwater21. The owner or occupier of a house shall—

(a) maintain all guttering, downpipes and drains on the premises in a good state of repair, cleanand free from obstruction; and

(b) not permit any rainwater from the premises to discharge onto or over a footpath, street or otherproperty.

Division 2—Ventilation of Houses

Exemption for Short Term Hostels and Recreational Campsites22. This Division shall not apply to short term hostels and recreational campsites referred to in Divi-sion 2 of Part 8.

Overcrowding23. The owner or occupier of a house shall not permit—

(a) a room in the house that is not a habitable room to be used for sleeping purposes; or(b) a habitable room in the house to be used for sleeping purposes unless—

(i) for every person over the age of 10 years using the room there is at least 14 cubic metres ofair space per person; and

(ii) for every person between the ages of 1 and 10 years there is at least 8 cubic metres of airspace per person; or

(c) any garage or shed to be used for sleeping purposes.

Calculate Sufficient Space24. For the purpose of section 23, in calculating the space required for each person—

(a) each room shall be considered separately and sufficient space shall be allowed in each room forthe number of persons present in the room at any one time; and

(b) a deduction shall be made for the space occupied by furniture, fittings and projections of thewalls into a room.

Ventilation25. (1) A person shall not use or occupy, or permit to be used or occupied, a house unless the house isproperly ventilated.

(2) For the purpose of sub-section (1) a house shall be deemed to be properly ventilated if it complieswith the Building Code, including the provision of—

(a) natural ventilation; or(b) a mechanical ventilation or air-conditioning system complying with AS1668.2.

(3) The owner of a house provided with a mechanical ventilation or air-conditioning system as its onlyor prime means of ventilation shall ensure that the system is—

(a) maintained in good working condition and in accordance with AS3666-1989; and


(b) in use at all times the building is occupied.(4) If, in the opinion of an Environmental Health Officer, a house is not properly ventilated, the Coun-

cil may by notice require the owner of the house to—(a) provide a different, or additional method of ventilation; or(b) cease using the house until it is properly ventilated.

(5) The owner shall comply with a notice under sub-section (4).

Sub-Floor Ventilation26. The owner or occupier of a house shall make provision for sub-floor ventilation by ensuring that airbricks and other openings are kept clear of refuse, vegetation, building materials, dirt and the like.

Division 3—Water Supply

Water Supply27. (1) The owner of every house shall provide a continuous supply of drinking water obtained from—

(a) a licensed water service operator;(b) an underground bore; or(c) a rainwater storage system with a minimum capacity of 120,000 litres,

and such supply shall be reticulated for use in connection with all sewerage and drainage fixtures.(2) The water supply shall at all times deliver an adequate supply of drinking water to each tap in the

house.

Rain Water Tanks28. The owner or occupier of a house for which part of the water supply is drawn from a rain water tankshall—

(a) maintain in a clean condition—(i) the roof forming the catchment for the tank; and

(ii) the guttering and downpipes appurtenant to the roof;(b) ensure that each rain water tank is fitted with a tight-fitting mosquito proof cover which shall

not be removed at any time except for the purpose of cleaning, repairing or maintaining thetank;

(c) at least once in each year, thoroughly clean any tank the water from which is used for humanconsumption; and

(d) when directed by an Environmental Health Officer, empty, clean and disinfect any tank uponthe premises, the water from which is used for human consumption.

Wells29. The owner or occupier of any premises shall not use or permit for human consumption the use ofthe water of any bore or well unless the bore or well is—

(a) at least 30 metres from any soak well or other possible source of pollution unless otherwiseapproved bythe Executive Director Public Health; and

(b) covered with a tight-fitting cover without openings of any sort other than those essential for theinsertion of a pump.

Pollution30. A person shall not deposit on or under any land, any sewage, offensive matter or any other thingwhich may pollute or render unfit for human consumption, water from a well or other undergroundsource.

Division 4—Secondhand Furniture, Bedding and Clothing

Prohibition on Sale31. A person shall not offer for sale or sell any secondhand furniture, bedding or clothing which is filthyor infested with vectors of disease.

Prohibition of Possession32. A dealer in secondhand furniture, bedding or clothing shall not have on any premises used for theoperation of the business any secondhand furniture, bedding or clothing which is filthy or infested withvectors of disease.

Division 5—Morgues

Licensing of Morgues33. (1) The annual fee for a licence for a place for the temporary reception and keeping of the bodies ofthe dead awaiting burial or cremation is prescribed in Schedule 8.

(2) A licence shall—(a) be in the form set out in Schedule 9; and(b) expire on 30 June next after the date of its issue.

(3) A licence shall not be granted in respect of any premises unless—(a) provision has been made for the keeping of the bodies of the dead at a temperature not exceed-

ing zero degrees Celsius;


(b) the walls are constructed of stone or brickwork or other approved material;(c) the interior surface of all walls is covered with glazed tiles or is rendered impervious so as to be

non-absorbent and washable;(d) all floors are constructed of some impervious material, having a fall to an outlet discharging

over a trapped gully; and(e) the premises are adequately ventilated by direct communication with the outside air.

(4) Except those conducted by a public hospital, Council and the police, a morgue is required to belicensed.

PART 4—WASTE FOOD AND REFUSEDivision 1—Liquid Refuse

Definition34. In this division, unless the context otherwise requires—

“liquid refuse” includes all washings from the commercial cleaning of vehicles, overflow, bleed off,condensate and drainage from air conditioning equipment including cooling towers andevaporative coolers and other liquid used for cooling purposes and swimming pool discharges;and

“liquid waste” means bathroom, kitchen, scullery and laundry wastes, all washings from animaland poultry pens and any other domestic or trade wastes that are discharged by means of adrain to a receptacle for drainage.

Deposit of Liquid Refuse35. A person shall not deposit or cause or permit to be deposited liquid refuse or liquid waste—

(a) on a street;(b) in a stormwater disposal system; or(c) on any land or place other than a place or depot duly authorised for that purpose.

Disposal of Liquid Waste36. (1) The owner or occupier of premises shall—

(a) provide, by one of the methods prescribed in this section, for the disposal of all liquid wasteproduced on the premises; and

(b) at all times maintain in good working order and condition any apparatus used for the disposalof liquid waste.

(2) Liquid waste shall be disposed of by one of the following methods—(a) discharging it into the sewerage system of a licensed water service operator in a manner ap-

proved by the licensed water service operator;(b) discharging it into an apparatus for the treatment of sewage and disposal of effluent and liquid

waste approved by the Executive Director, Public Health or the Council; or(c) collection and disposal at an approved liquid waste disposal site in a manner approved by the

Executive Director Public Health.

Approval for Septic Tank Pumpouts37. A person shall not—

(a) without the written approval of the Council; and(b) except in accordance with any terms and conditions imposed by the Council or the Executive

Director, Public Health in connection with the approval under paragraph (a),collect, remove or dispose of the contents of a septic tank, the pumpouts from holding tanks or an appa-ratus for the treatment of sewage.

Application for Approval38. (1) A person may apply in writing to the Council for approval to collect, remove or dispose of thecontents of a septic tank, the pumpouts from holding tanks or an apparatus for the treatment of sewage.

(2) The Council may grant or refuse an application under this section subject to conditions relatingto—

(a) the time and method of collection, removal or disposal of the contents; or(b) the route to be followed by a vehicle used in collection, removal or disposal of the contents.

(3) Any conditions imposed by the Council under this section shall be—(a) specified in the written approval of the Council; and(b) in addition to any conditions imposed by the Executive Director Public Health or conditions

applying under any other law.(4) The Council may from time to time vary conditions imposed by it under this section by giving

written notice of the variation to the person to whom approval was given.

Notice of Intention39. A person to whom approval has been given under section 38 shall, at least 24 hours before collect-ing, removing or disposing of the contents of a septic tank or an apparatus for the treatment of sewage,notify an Environmental Health Officer of his or her intention to do so.


Division 2—Disposal of RefuseDefinition40. In this division, unless the context otherwise requires—

“collection time”, where used in connection with any premises, means the time when rubbish orrefuse is collected and removed from the premises by the Council or its contractor;

“public place” includes a street, way or place which the public are allowed to use, whether the street,way or place is or is not on private property;

“rubbish or refuse” includes any filth, dirt, ashes vegetation, garden refuse, waste material, wastefood, sludge, offensive matter, cinders, wood or metal shavings and sawdust but does not in-clude liquid waste or liquid refuse;

“refuse disposal site” means land set apart by the Council under the Act as a site for the deposit ofrubbish or refuse;

“receptacle”, where used in connection with any premises, means—(a) a polyethylene or other approved material cart fitted with wheels, a handle and a lid and

having a capacity of at least 120 litres; or(b) a container provided by the Council or its contractor for the deposit, collection and recy-

cling of specific materials,and supplied to the premises by the Council or its contractor;

“street” includes—a highway; anda thoroughfare;which—

the public is allowed to use;and includes every part of the highway or thoroughfare, and other things including bridges andculverts, appurtenant to it; and

“street alignment” means the boundary between the land comprising a street and the land thatabuts thereon, but where a new street alignment is prescribed under the Local Government(Miscellaneous Provisions)Act 1960, means the new street alignment so prescribed.

Prescribed Areas41. The areas prescribed in Schedule 15 are the areas within which the provisions of section 112A ofthe Act shall operate and have effect.

Receptacles42. An owner or occupier of premises shall—

(a) at all times keep the lid of the receptacle closed except when depositing rubbish or refuse orcleaning the receptacle;

(b) except for a reasonable period before and after collection time, keep the receptacle on the premisesand located—(i) behind the street alignment and so as not to be visible from a street or public place; or

(ii) in such other position as is approved by an Environmental Health Officer;(c) within a reasonable period prior to collection time, place the receptacle in the street as close as

practicable to the street alignment of the premises but so that it does not obstruct any footpath,cycle way, right-of-way or carriage way;

(d) if the receptacle is lost, stolen, damaged or defective, notify the Council within 7 days after theevent; and

(e) ensure that the premises is provided with an adequate number of receptacles.

Exemption43. (1) An owner or occupier of premises may apply in writing to the Council for an exemption fromcompliance with the requirements of section 42(b) or (c).

(2) The Council may grant or refuse, with or without conditions, an application for exemption fromcompliance under this section.

(3) An exemption granted under this section shall state—(a) the premises to which the exemption applies;(b) the period during which the exemption applies; and(c) any conditions imposed by the Council.

(4) An exemption granted under this section shall cease to apply if and when the person to whom it isgranted fails to comply with a condition of the exemption.

Use of Receptacles44. An owner or occupier of premises shall—

(a) not deposit or permit to be deposited in a receptacle—(i) more than 300 grams of rubbish or refuse per litre of bin capacity;

(ii) hot or burning ash;(iii) oil, motor spirit or other flammable liquid;


(iv) liquid including liquid paint or other solvent;(v) bricks, concrete, building rubble, earth or other like substances;

(vi) drugs, dressings, bandages, swabs or blood samples unless placed in a sealed imperviousand leak-proof container;

(vii) hospital, medical, veterinary, laboratory or pathological substances containing blood un-less placed in a sealed impervious and leak-proof container;

(viii) syringes, needles, surgical hardware, broken glass, sharps or other sharp objects unlessplaced in a sealed impervious leak-proof and impenetrable container;

(ix) cytotoxics, radioactive substances and dangerous chemicals;(x) sewage, manure, nightsoil, faeces or urine;

(xi) any object which is greater in length, width, or breadth than the corresponding dimensionof the receptacle or which will not allow the lid of the receptacle to be tightly closed; or

(xii) rubbish or refuse which is or is likely to become offensive or a nuisance, or give off anoffensive or noxious odour, or to attract flies or cause fly breeding unless it is first wrappedin non-absorbent or impervious material or placed in a sealed impervious container;

(b) unless authorised by an Environmental Health Officer, not mark or disfigure the receptacle inany manner other than by the placement of a street number or other identifying mark;

(c) at all times keep the receptacle in a clean condition;(d) whenever directed to do so by an Environmental Health Officer, thoroughly clean, disinfect,

deodorise and apply a residual insecticide to the receptacle;(e) take all reasonable steps to prevent—

(i) fly breeding and keep the receptacle free of flies, maggots, cockroaches, rodents and othervectors of disease; and

(ii) the emission of offensive and noxious odours from the receptacle; and(f) ensure that the receptacle does not cause a nuisance to the occupiers of adjoining premises.

Damage to Receptacles45. A person, other than the Council or its contractor, shall not—

(a) damage, destroy or interfere with a receptacle; or(b) except as permitted by this section or as authorised by an Environmental Health Officer, re-

move a receptacle from any premises to which it was delivered by the Council or its contractor.

Use of Other Container’s46. (1) In the case of premises consisting of more than 3 dwellings, any premises used for commercialor industrial purposes or as a food premises, an Environmental Health Officer may authorise rubbish orrefuse to be deposited in a container other than a receptacle.

(2) The owner or occupier of premises who is authorised under this section to deposit rubbish or refusein a container shall—

(a) unless approved by an Environmental Health Officer, not deposit or permit to be deposited inthe container anything specified in section 44(a)(ii)—(xii);

(b) take all reasonable steps to prevent fly breeding in, and the emission of offensive or noxiousodours from, the container;

(c) whenever directed by an Environmental Health Officer to do so, thoroughly clean, disinfect,deodorise and apply a residual insecticide to the container;

(d) cause the container to be located on the premises in an enclosure constructed and located asapproved by an Environmental Health Officer;

(e) ensure that the container is not visible from the street but is readily accessible for the purposesof collection; and

(f) ensure that the container does not cause a nuisance to an occupier of adjoining premises.

(3) An owner or occupier shall—(a) provide a sufficient number of containers to contain all rubbish and refuse which accumulates

or may accumulate in or from the premises;(b) ensure that each container on the premises—

(i) has a close fitting lid; and(ii) is constructed of non-absorbent and non-corrosive material;

(c) keep or cause to be kept each container thoroughly clean and in good condition and repair;(d) place any rubbish or refuse in, and only in, a container marked for that purpose;(e) keep the cover on each container except when it is necessary to place something in, or remove

something from, it; and(f) ensure that the containers are emptied at least weekly or as directed by an Environmental

Health Officer.

Suitable Enclosure47. (1) An owner or occupier of premises—

(a) consisting of more than 3 dwellings that have not been provided with individual receptacles; or


(b) used for commercial, industrial purposes, or as a food premises,that have been provided with receptacles, shall—

(c) if required by an Environmental Health Officer—(i) provide a suitable enclosure for the storage and cleaning of receptacles on the premises;

and(ii) install in the enclosure a tap connected to an adequate supply of water.

(2) An owner or occupier of premises required to provide a suitable enclosure under this section shallkeep the enclosure thoroughly clean and disinfected.

(3) For the purposes of this section, a “suitable enclosure” means an enclosure—(a) of sufficient size to accommodate all receptacles used on the premises but in any event having

a floor area not less than a size approved by an Environmental Health Officer;(b) constructed of brick, concrete, corrugated compressed fibre cement sheet or other material of

suitable thickness approved by an Environmental Health Officer;(c) having walls not less than 1.5 metres in height and having an access way of not less than

1 metre in width and fitted with a self closing gate;(d) containing a smooth and impervious floor—

(i) of not less than 75 millimetres in thickness; and(ii) which is evenly graded to an approved liquid refuse disposal system; and

(e) which is easily accessible to allow for the removal of the receptacles.

Deposit of Refuse48. (1) A person shall not deposit or cause or permit to be deposited any rubbish or refuse in or on anystreet or on any land other than a refuse disposal site.

(2) A person shall not deposit rubbish or refuse in or on a refuse disposal site except—(a) at such place on the site as may be directed by the person in charge of the site; or(b) if the person in charge is not in attendance at the site, as may be directed by a notice erected on

the site.

Removal from Refuse Disposal Site49. (1) A person shall not remove any rubbish or refuse from a refuse disposal site without the writtenapproval of the Council.

(2) A person who obtains approval from the Council shall comply with any conditions imposed by theCouncil and set out in the approval.

Removal of Rubbish from Premises or Receptacle50. (1) A person shall not remove any rubbish or refuse from premises unless that person is—

(a) the owner or occupier of the premises;(b) authorised to do so by the owner or occupier of the premises; or(c) in the case of the premises not being a dwelling house, authorised in writing to do so by the

Council.(2) A person shall not, without the approval of the Council or the owner of a receptacle, remove any

rubbish or refuse from the receptacle or other container provided for the use of the general public in apublic place.51. (1) A person shall not burn, whether in an incinerator or by any other means, any plastic, rubber,food scraps, garden waste or cuttings or other material that is or may be offensive when burnt.

(2) Sub-section (1) shall not apply to the burning of dry firewood or manufactured solid fuel.

Division 3—Transport of Butchers’ WasteInterpretation52. In this Division, unless the context otherwise requires—

“butchers’ waste” includes animal skeletons, rib cages and the products of a slaughter house orboning room.

Restriction of Vehicles53. A person shall not use, for the transport of butchers’ waste—

(a) a vehicle used for the transport of food or drugs; or(b) anything intended to be used for the packing or handling of food or drugs.

Transport of Butchers’ Waste54. (1) A person shall not transport butchers’ waste otherwise than in—

(a) a compartment complying with the following specifications—(i) the floor and 4 walls to be made of sheet metal and the walls to be not less than 900

millimetres high;(ii) all joints to be welded, soldered or brazed and made water-tight;

(iii) the loading doors, if any, to be water-tight and kept closed at all times except when loading;and


(iv) the top to be completely covered by a tarpaulin or other impervious sheet material ap-proved by an Environmental Health Officer, carried over, and secured to the outside of thewalls at least 300 millimetres from the top so as to keep the load out of sight of the public;or

(b) a water-tight metal container fitted with a lid which can be tightly closed.(2) A person shall not transport any butchers’ waste in a vehicle unless the vehicle and its fittings,

including the compartment or container referred to in this section, are—(a) maintained in good order and condition; and(b) thoroughly cleaned at the conclusion of each day’s work.

(3) A person shall not load, transport, or unload butchers’ waste in a manner that is or may be offen-sive due to—

(a) the sight of animal skeletons, bones, offal or waste matter;(b) the odour of putrefaction, offal or waste matter; or(c) the presence of blood and particles of flesh or fat dropping onto the surface of the street pave-

ment or ground.

PART 5—NUISANCES AND GENERAL

Division 1—Nuisances

Interpretation55. In this Division, unless the context otherwise requires—

“fertiliser” includes manure.

Footpaths etc. to be kept clean56. An owner or occupier of premises shall maintain in a clean condition any footpath, pavement, areaor right of way immediately adjacent to the premises.

Escape of Smoke etc.57. (1) Subject to sub-section (2), an owner or occupier of premises shall not cause or permit the escapeof smoke, dust, fumes, offensive or foul odours, liquid waste or liquid refuse from the premises in suchquantity or of such a nature as to cause or to be a nuisance.

(2) Sub-section (1) does not apply to smoke from the chimney of a private dwelling house.

Public Vehicles to be kept clean58. The owner or person in control of a public vehicle shall—

(a) maintain the vehicle at all times—(i) in a clean condition; and

(ii) free from vectors of disease; and(b) whenever directed to do so by an Environmental Health Officer, thoroughly clean and disinfect

the vehicle as directed.

Prohibition against Spitting59. A person shall not spit—

(a) on a footpath, street or public place; or(b) in a train, bus or other public transport.

Transportation, Use and Storage of Offal or Blood60. A person shall not transport or store offal or blood, for the purpose of being used as manure, unlessit has been sterilised by steam and properly dried.

Use or Storage of Fertiliser61. An owner or occupier of premises shall not use or keep for the purpose of use, as fertiliser any—

(a) pig manure;(b) human faeces; or(c) urine.

Storage and Despatch of Artificial Fertiliser62. An owner or occupier of premises where artificial fertiliser is stored in bulk for sale shall—

(a) keep all artificial fertiliser in a building—(i) of which the walls, floors and ceilings or undersides of the roof are constructed of durable

and non-absorbent materials finished internally with a smooth surface; and(ii) free from damp and properly ventilated;

(b) take proper precautions to prevent the emission of dust or offensive effluvia from the building;and

(c) ensure that all artificial fertiliser despatched from the premises is packed in such a manner asto prevent any nuisance arising during transit.


Storage of Fertiliser in a House63. The owner or occupier of a house where fertiliser or compost is stored or used shall—

(a) prevent the escape of odours, dust or particles of fertiliser or compost;(b) treat the fertiliser or compost in such a manner as to effectively prevent it attracting or being a

breeding place for flies or other insects; and(c) store only such amounts of fertiliser or compost—

(i) as can be readily used within a reasonable period; or(ii) as may be directed by an Environmental Health Officer.

Division 2—Keeping of AnimalsCleanliness64. An owner or occupier of premises in or on which a dog, cat or other animal or bird is kept shall —

(a) keep the premises free from excrement, filth, food waste and all other matter which is or islikely to become offensive or injurious to health or to attract rats or other vectors of disease;

(b) when so directed by an Environmental Health Officer, clean and disinfect the premises; and(c) keep the premises, so far as possible, free from flies or other vectors of disease by spraying with

a residual insecticide or other effective means.

Animal Enclosures65. (1) A person shall not keep or cause or permit to be kept any animals or birds on premises which arenot effectively drained or of which the drainage flows to the walls or foundations of any building.

(2) The owner or occupier of premises where animals or birds are kept shall, when directed by anEnvironmental Health Officer, pave, grade and drain the floors of all structures and the surface of theground of all enclosures used for the keeping of animals or birds.

Cats66. A person granted approval to keep more than 2 cats on a property pursuant to the Shire of AshburtonLocal Law relating to Cats shall do so in a manner not to be a nuisance or injurious or dangerous tohealth.

Slaughter of Animals67. (1) Subject to sub-section (2), a person shall not slaughter any animal within the district.

(2) Sub-section (1) does not apply to—(a) euthanasia of animals by veterinarians or other duly authorised persons;(b) the slaughter of animals for human consuption in abattoirs approved by the Council;(c) farmers, pastoralists and the like who slaughter stock or game for their own consumption; and(d) slaughter of animals for the purposes of pet meat and game meat operations.

Disposal of Dead Animals68. (1) An owner or occupier of premises on which there is a dead animal shall immediately remove thecarcass and arrange for its disposal at an approved disposal site.

(2) An owner, or a person having the care, of any animal that dies or is killed in a public or privateplace shall immediately remove the carcass and arrange for its disposal at an approved disposal site.

(3) The requirements of sub-sections(1) and (2) shall not limit the practice by farmers, pastoralistsand the like of disposing of carcasses on rural land in a manner that is not likely to pollute or be danger-ous or injurious to health.

Division 3—Keeping of Large AnimalsInterpretation69. In this Division, unless the context otherwise requires—

“approved animal” means a camel, horse, cow, sheep or goat;“cow” includes an ox, calf or bull; and“horse” includes an ass, mule, donkey or pony.

Keeping of Animals70. A pig may only be kept on land other than that prescribed as prohibited in Schedule 14.

Stables71. (1) An owner or occupier of premises within a townsite shall—

(a) not keep a horse or cow on those premises without the written approval of the Council and suchapproval notice shall prescribe the number of horses or cows permitted to be kept;

(b) keep approved animals in a manner so as not to create a nuisance and in this respect an Envi-ronmental Health Officer may limit or vary the number of approved animals that may be kepton an allotment;

(c) not keep an approved animal on an allotment of less than 2,000m2 save that Council may, at itsdiscretion, waive strict compliance with this requirement with respect to any stable in exist-ence prior to the day of the section coming into force; and


(d) not keep a camel other than on an allotment zoned for rural purposes.(2) An owner or occupier of premises who has approval to keep a horse or cow in a townsite shall

provide for its use a stable which shall—(a) not be situated with 15 metres of a house or other premises;(b) have a proper separate stall—

(i) for each horse or cow; and(ii) the floor area of which shall be a minimum of 11 square metres;

(c) have each wall and roof constructed of an impervious material;(d) have on all sides of the building between the wall and the roof a clear opening of at least 150

millimetres in height; and(e) subject to subsection (3) have a floor, the upper surface of which shall—

(i) be raised at least 75 millimetres above the surface of the ground;(ii) be constructed of approved material; and when required

(iii) have a fall of 1 in 100 to a drain which shall empty into a trapped gully situated outside thestable and shall discharge in a manner approved by an Environmental Health Officer.

(3) The construction of any stable with a sand floor may be permitted by Council, subject to the follow-ing conditions—

(a) the site must be well drained with the highest known water table no closer than 1.5 metres offthe ground or sand floor level. This may be achieved artificially;

(b) whether natural or imported sand, it must be clean, coarse and free from dust;(c) footings to each stable shall be a minimum of 450mm below ground level;(d) the stable design must allow for the access of small machinery, such as a bobcat, into each

individual stall to maintain the correct floor height;(e) the minimum floor area of each stall shall not be less than 28 square metres and walls shall be

of masonary to a mimumum height of 1500mm and not be less than 5 metres in length; and(f) in all other respects sub-section (2) shall apply to the stable building.

(4) The owner or occupier of premises on which a stable is located shall—(a) maintain the stable in a clean condition and clean, wash and disinfect it when so directed by an

Environmental Health Officer;(b) keep all parts of the stable so far as possible free from flies or other vectors of disease by

spraying with a residual insecticide or other effective means; and(c) when so ordered by an Environmental Health Officer, spray the stable, or such parts as may be

directed, with a residual insecticide.(5) In areas other than residential areas an Environmental Health Officer may vary the requirements

of sub-sections (2) and (3).

Proximity of Animals to a Dwelling House72. The owner or occupier of premises shall not permit an approved animal to approach within 15metres of a dwelling house.

Manure Receptacle73. An owner or occupier of premises on which a stable is constructed shall—

(a) provide in a position convenient to the stable a receptacle for manure, constructed of smooth,impervious, durable material that is easily cleanable and provided with a tight-fitting hingedcover, and with no part of the floor lower than the surface of the adjoining ground;

(b) keep the lid of the receptacle closed except when manure is being deposited or removed;(c) cause the receptacle to be emptied at least once a week and as often as may be necessary to

prevent it becoming offensive or a breeding place for flies or other vectors of disease;(d) keep the receptacle so far as possible free from flies or other vectors of disease by spraying with

a residual insecticide or other effective means; and(e) cause all manure produced on the premises to be collected daily and placed in the receptacle.

Division 4—Keeping of Poultry and PigeonsInterpretation74. In this Division, unless the context otherwise requires—

“poultry” includes fowls, peafowls, turkeys, geese, ducks and other domestic fowls; and“prescribed area” means those areas within a townsite zoned other than rural or special rural.

Limitation on Numbers of Poultry and Pigeons75. (1) An owner or occupier of premises in prescribed areas—

(a) who is not an Affiliated Person, shall not keep a combined total of more than 10 poultry andpigeons; and

(b) who is an Affiliated Person, shall not keep a total of more than 50 pigeons and 10 poultry,on any one lot of land.


(2) In this section, “Affiliated Person” means a person who is a member of—(a) the Pigeon Racing Federation of Western Australia;(b) the Fancy Utility Pigeon Club of Western Australia; or(c) any other properly constituted Pigeon Club, Bantam Club and the like.

Conditions of Keeping Poultry76. (1) A person who keeps poultry or permits poultry to be kept in prescribed areas shall ensure that—

(a) all poultry is kept in a properly constructed and securely fastened structure or enclosure;(b) the structure or enclosure is in a yard having an otherwise unobstructed area of at least 30

square metres; and(c) no poultry is able to approach within 18 metres of a street other than a right of way

unless, in the case of land at the junction of two or more streets, Council has approved alesser distance.

(2) A person who keeps poultry or permits poultry to be kept shall ensure no poultry is able to encroachwithin 10 metres of a dwelling house, public building, or premises where people are employed or within20 metres of premises where food is stored, prepared, manufactured or sold.

Roosters77. (1) An owner or occupier of premises shall not—

(a) without the written approval of an Environmental Health Officer; or(b) except in accordance with any conditions imposed by an Environmental Health Officer in con-

nection with the approval under paragraph (a),keep or permit a rooster to be kept on the premises.

(2) An Environmental Health Officer may, upon written application, grant approval with or withoutconditions to the owner or occupier of premises to keep on the premises a specified number of roosters.

Pigeons or Doves78. A person who keeps, or permits to be kept, pigeons or doves shall ensure that—

(a) none is able to approach within 15 metres of a dwelling, public building or premises wherepeople are employed or where food is stored, prepared, manufactured or sold; and

(b) except where in a prescribed area registered homing pigeons are freed for exercise, the pigeonsor doves are kept in a properly constructed pigeon loft or dove cote that is in a yard having anotherwise unobstructed area of at least 30 square metres.

Removal of Non-Conforming Structure or Enclosure79. (1) If a structure or enclosure is used for the keeping of poultry or of pigeons or doves contrary to theprovisions of sections 76 and 78, an Environmental Health Officer may direct the owner or occupier toremove it.

(2) An owner or occupier shall comply with a direction from an Environmental Health Officer underthis section.

Restrictions on Pigeon Nesting or Perching80. (1) The Council may order an owner or occupier of a house in or on which pigeons are, or are in thehabit of, nesting or perching to take adequate steps to discourage them continuing to do so.

(2) An owner or occupier shall comply with the Council order under this section.

Division 5—Car ParksInterpretation81. In this Division, unless the context otherwise requires—

“attendant’s booth” means a booth which is positioned inside a car park for the containment of aparking attendant;

“car park” means premises, or any part of premises, set aside for parking of 3 or more motor vehi-cles; and

“occupier” means a person having the charge, management or control of a car park.

Ventilation82. (1) A person shall not use or occupy, or permit to be used or occupied, a car park unless it is venti-lated by either—

(a) natural ventilation; or(b) mechanical means,

in accordance with AS1668.2 Part 2 1991.(2) If, in the opinion of an Environmental Health Officer, a car park is not properly ventilated, the

Council may by notice require the occupier within a specified time to—(a) provide a different or additional method of ventilation; and(b) cease using the car park until it is properly ventilated.

(3) An occupier shall comply with a notice under sub-section (2).


Exhaust Air Discharge Points and Exhaust Registers83. An owner or occupier shall ensure that—

(a) all exhaust air that is discharged from a car park shall be discharged—(i) at discharge points—

(A) in accordance with AS1668.2 Part 2 1991; and(B) located so that the hourly average exhaust flow rate is not reduced below the minimum

requirement of AS1668.2 Part 2 1991; and(ii) at a velocity and in a direction so as not to be a danger to health or a nuisance;

(b) exhaust registers are located—(i) as far as possible from the source of supply air; and

(ii) so as to draw effluent away from staff working in the attendant’s booth;(c) in the case of a car park having a floor level below that of the external ground level, at least 50%

of the required exhaust air is drawn into exhaust registers having their bottom edge locatedwithin 100 millimetres of the floor level; and

(d) any mechanical ventilation system is—(i) maintained in good working condition; and

(ii) in operation at all times when the car park is in use.

Car Park Attendant Booths84. (1) An owner or occupier shall ensure that an attendant’s booth—

(a) is provided with a fresh air supply ventilation system—(i) with air flow rates that give a minimum of 40 air changes per hour; and

(ii) which is in operation whenever the booth is occupied;(b) has intakes for fresh air located and arranged so that under all conditions of normal operation

adjacent sources of pollution do not reduce the quality of fresh air;(c) has a capacity of not less than 5 cubic metres;(d) has all windows and doors, except at the toll taking area opening, closed at all times when an

attendant is in the booth; and(e) has a toll taking opening that is of a minimum size that is practicably required to carry out the

operation of toll paying.(2) If, in the opinion of an Environmental Health Officer, an attendant’s booth is not properly venti-

lated in accordance with sub-section (1), the Council may by notice require the occupier to cease usingthe booth until it is properly ventilated.

(3) An occupier shall comply with a notice under sub-section (2).

PART 6—PEST CONTROLDivision 1—Flies

Interpretation85. In this Division, unless the context otherwise requires—

“flies” means any of the two-winged insects constituting the order Diptera commonly known asflies.

Fly breeding matter not to be left on Premises unless Covered or Treated86. An owner or occupier of premises shall not place, throw or leave, or permit or cause to be placed,thrown or left in, on or about the premises any matter or thing which is liable to attract or be a breedingplace for flies, unless that matter or thing is covered, protected, treated or dealt with in such a manneras to effectively prevent it from attracting or being a breeding place for flies.

Measures to be taken by an Occupier87. An owner or occupier of premises shall ensure that—

(a) rubbish receptacles are kept clean and tightly sealed at all times except when refuse is beingdeposited or emptied;

(b) food scraps and uneaten pet food are wrapped tightly and deposited in a rubbish receptaclewithout delay;

(c) lawn clippings used on gardens as mulch are raked out thinly;(d) fertilisers are dug well into the soil;(e) compost heaps are kept well covered;(f) barbecues are kept clean and free from food scraps;(g) anything that is buried and may attract or be a breeding place for flies is covered with at least

100 millimetres of soil; and(h) excrement from pets is collected and properly disposed of without delay.

Officer may give Notice directing measures to be Taken88. Where in the opinion of an Environmental Health Officer flies are prevalent or are breeding on anypremises, the Officer may give to the owner or occupier of the premises notice in writing directing him or


her to take, within the time specified in the notice, such measures as in the opinion of the Officer arenecessary to—

(a) control the prevalence;(b) effect the eradication; or(c) effectively prevent the breeding;

of flies.

Council may Execute Work and Recover Costs89. (1) Where—

(a) a person is required under this Division or directed by a notice given under section 88, toexecute any work; and

(b) that person fails or neglects to comply with the requirement,the Council may execute the work and may recover from that person the cost of executing the work, inaddition to any penalty for which that person may be liable under this section.

(2) The costs and expenses incurred by the Council in the execution of a power under sub-section (1)may be recovered in a court of competent jurisdiction from the person referred to in sub-section (1).

(3) The Council shall not be liable to pay compensation or damages of any kind to the person referredto in sub-section (1) in relation to any action taken by the Council under this section.

Division 2—MosquitoesInterpretation90. In this Division, unless the context otherwise requires—

“mosquitoes” means any of the two-winged insects constituting the family Diptera Culicidae com-monly known as mosquitoes.

Premises to be kept free of Mosquito Breeding Matter91. An owner or occupier of premises shall keep the premises free of—

(a) refuse; and(b) water located so as to be,

liable to become the breeding place of mosquitoes.

Measures to be taken by an Owner or Occupier92. An owner or occupier of premises—

(a) where there is a fountain, pool, pond or excavation of any kind which contains water suitablefor the breeding of mosquitoes, shall keep the water-(i) stocked with mosquito destroying fish; or

(ii) covered with a film of petroleum oil or other larvicide; and(b) where there is a water tank, well, cistern, vat or barrel, shall—

(i) keep it protected with a mosquito-proof cover; and(ii) screen all openings, other than the delivery exit, with wire mesh having openings no larger

than 1.2 millimetres.

Measures to be taken by Occupier93. An occupier of premises where water is kept in a horse trough, poultry drinking vessel or otherreceptacle shall—

(a) frequently change the water; and(b) keep the water clean and free from vegetable matter and slime.

Removal of Undergrowth or Vegetation94. (1) Where it appears to an Environmental Health Officer that there is, on any premises, under-growth or vegetation likely to harbour mosquitoes, he or she may direct, orally or in writing, the owneror occupier of the premises to cut down and remove within a specified time the undergrowth or vegeta-tion.

(2) An owner or occupier of premises shall comply with a direction from, and within the time allowedby, an Environmental Health Officer under this section.

Filling in Excavations etc.95. Unless written permission to the contrary is obtained from the Council, a person who cuts turf orremoves soil or other material from any land shall forthwith ensure that each excavation is filled in withclean sound material and made level with the surrounding surface.

Drains, Channels and Septic Tanks96. An owner or occupier of land shall—

(a) cause all drains and channels in or on the land to be kept in good order and free from obstruc-tion; and

(b) where a septic tank is installed on the land—(i) apply an approved larvicide according to the direction on the container, into the septic tank

system, whenever directed to do so by an Environmental Health Officer; and


(ii) provide, and keep in sound condition at all times, wire mesh having openings no largerthan 1.2 millimetres covering any inlet vent to the tank.

Drainage of Land97. An owner or occupier of land upon which there is water liable to become a breeding place formosquitoes shall, when required by the Council, effectively drain the land and, for that purpose, shall—

(a) make or provide drains on the land;(b) remove all irregularities in the surface of the land;(c) if necessary, adjust the surface of the land or raise the level of the surface in such a manner

that—(i) the water on the land may flow into the drains without obstruction; and

(ii) no water shall remain on any portion of the land other than the drains; and(d) keep all drains in good order and free from obstruction.

Division 3—RodentsInterpretation98. In this Division, unless the context otherwise requires—

“rodents” means those animals belonging to the order Rodentia and includes rats and mice but doesnot include animals (other than rats) kept as pets in an enclosure designed for the purpose ofkeeping as pets animals of that kind.

Measures to be taken to eradicate Rodents99. (1) An owner or occupier of premises shall at all times take effective measures to eradicate anyrodents in or on the premises.

(2) Without limiting the generality of sub-section (1), an owner or occupier of premises, wheneverthere are indications of the presence of rodents in, on or about the premises, and while such indicationscontinue, shall—

(a) take effective measures to keep the premises free from rodents including—(i) protecting food stuffs;

(ii) using a rodenticide bait or a properly baited trap; and(iii) preventing rodents having access to water on the premises;

(b) inspect daily each rodenticide bait or trap used and, whenever a rodent is found, shall—(i) if it is not already dead, kill it immediately; and

(ii) dispose of the carcass in such a manner as will not create a nuisance; and(c) take whatever measures for the eradication of rodents as an Environmental Health Officer

may from time to time direct.

Waste food etc. to be kept in rodent proof Receptacles100. A person shall not place or caused to be placed in or on any premises, and an owner or occupier ofpremises shall not permit to remain in or on the premises—

(a) any waste food, refuse, or other waste matter which might attract rodents to the premises orwhich might afford harbourage for rodents; or

(b) any food intended for birds or other animals,unless it is contained in a rodent proof receptacle or a compartment which is kept effectively protectedagainst access by rodents.

Restrictions on materials affording harbourage for Rodents101. (1) An owner or occupier of premises shall cause—

(a) any part of the premises; or(b) any material, sewer, pipe or other thing in or on the premises,

that might afford access or harbourage to rodents to be altered, repaired, protected, removed or other-wise dealt with so as to prevent it being used as access for, or harbourage of, rodents.

(2) An Environmental Health Officer may direct, orally or in writing, an owner or occupier of premisesto take whatever action that, in the opinion of the Officer, is necessary or desirable to prevent or deterthe presence of rodents in or on the premises.

(3) An owner or occupier shall within the time specified comply with any direction given by an Envi-ronmental Health Officer under this section.

Food Premises etc. to be cleaned after Use102. An owner or occupier of a food premises, theatre or place of entertainment, whether indoor oroutdoor, shall cause the premises to be cleaned immediately after the last occasion on which the premiseshave been used on that day or, if the use extends after midnight, then immediately after that use.

Restrictions on the Sale or Keeping of Rats103. (1) Subject to sub-section (2) an owner or occupier of premises shall not, on or from those premises—

(a) keep or permit to be kept a rat; or(b) sell or offer for sale or permit to be sold or offered for sale a rat.


(2) Sub-section (1) shall not prevent the keeping of rats for the purpose of scientific or medical re-search on premises owned or occupied by—

(a) a university or school;(b) a person approved by the Council; or(c) a public hospital or a private hospital within the meaning of those expressions in the Hospitals

and Health Services Act 1927.(3) A person or body specified in sub-section (2) which keeps rats for the purpose of scientific or medical

research shall—(a) at all times ensure that all live rats are kept in the effective control of a person or in locked

cages; and(b) if a rat escapes, forthwith comply with the requirements of section 99 and ensure that all

reasonable steps are taken to destroy the rat.

Division 4—CockroachesInterpretation104. In this Division, unless the context otherwise requires—

“cockroach” means any of the various orthopterous insects commonly known as cockroaches—

Measures to be taken to eradicate Cockroaches105. (1) An owner or occupier of premises shall take effective measures to eradicate any cockroaches inor on the premises.

(2) Without limiting the generality of sub-section (1), an owner or occupier of premises, wheneverthere are any indications of the presence of cockroaches in, on or about the premises, and while suchindications continue, shall take effective measures to keep the premises free from cockroaches includ-ing—

(a) washing and storing, immediately after use, cooking and eating utensils;(b) wrapping and depositing in a rubbish receptacle without delay all food scraps, uneaten pet food

and garbage;(c) properly treating the premises with an insecticide, taking care not to harm the safety of hu-

mans and pets or to contaminate food or cooking or eating utensils; and(d) whenever required by an Environmental Health Officer, treating any area with baits or other

methods to eradicate cockroaches.

Division 5—Argentine AntsInterpretation106. In this Division, unless the context otherwise requires—

“Argentine Ant’ means an ant belonging to the species Irdomyrmex humilis.

Measures to be taken to keep premises free from Argentine Ants107. An owner or occupier of premises shall ensure that the premises are kept free from Argentine Antcolonies and shall—

(a) immediately notify the Council of any ant nest located on the premises suspected to be anArgentine Ant nest;

(b) take all steps to locate any nests if Argentine Ants are noticed in, on or about the premises;(c) properly treat all nests of Argentine Ants with an approved residual based insecticide; and(d) whenever required by an Environmental Health Officer—

(i) treat any area or infestation with an insecticide referred to in paragraph (c); and(ii) remove any objects, including timber, firewood, compost or pot plants in accordance with a

direction from an Environmental Health Officer.

Division 6—European WaspsInterpretation108. In this Division, unless the context otherwise requires—

“European Wasp” means a wasp Vespula germanica.

Measures to be taken to keep premises free from European Wasp Nest109. An owner or occupier of premises shall ensure that the premises are kept free from EuropeanWasp nests and shall—

(a) immediately notify the Council of any wasp nest in, on or about the premises that is suspectedto be a European Wasp nest;

(b) follow any direction of an Environmental Health Officer for the purpose of destroying the waspsand their nest; and

(c) assist an Environmental Health Officer, or his or her representative, to trace any nest thatmay be present in, on or about the premises.


Division 7—Bee KeepingInterpretation110. In this Division, unless the context otherwise requires—

“bees” means an insect belonging to any of the various hymenopterous insects of the super familyApoidea and commonly known as a bee;

“footpath” includes a path used by, or set aside or intended for use by, pedestrians, cyclists or bothpedestrians and cyclists;

“hive” means a moveable or fixed structure, container or object in which a colony of bees is kept;“lot” has the meaning given to it in the Town Planning and Development Act 1928, and located

within a Townsite; and“private street” has the meaning given to it by the Local Government (Miscellaneous Provisions) Act

1960.

Limitation on numbers of Hives111. (1) A person shall not keep or permit the keeping of bees except on a lot in accordance with thisDivision.

(2) Subject to sub-sections (3) and (4), a person shall not keep or permit the keeping of bees in morethan 2 hives on a lot.

(3) The Council may, upon written application, consent, with or without conditions, to a person keep-ing bees in more than 2 hives on a lot which is not zoned or classified for residential purposes.

(4) A person shall comply with any conditions imposed by the Council under sub-section (3).

Restrictions on keeping of Bees in Hives112. A person shall not keep or permit the keeping of bees in a hive on a lot unless, at all times—

(a) an adequate and permanent supply of water is provided on the lot within 10 metres of thehives;

(b) the hive is kept—(i) outside, and at least 10 metres from, any building other than a fence;

(ii) at least 10 metres from any footpath, street, private street or public place; and(iii) at least 5 metres from the boundary of the lot; and

(c) the hive is enclosed on all sides by a fence, wall or other enclosure.

Bees which cause a nuisance not to be kept113. (1) A person shall not keep, or permit the keeping of, bees which cause a nuisance.

(2) The Council may direct any person to remove any bees or beehives which in the opinion of anEnvironmental Health Officer are causing a nuisance.

(3) A person shall comply with a direction within the time specified.

Division 8—Arthropod Vectors of DiseaseInterpretation114. In this Division, unless the context otherwise requires—

“arthropod vectors of disease” includes—(a) fleas (Siphonaptera);(b) bedbugs (Cimex lectularius);(c) crab lice (Phthirus pubis);(d) body lice (Pediculus humanus var. corporis);(e) head lice (Pediculus humanus var. capitis); and(f) any other insect prescribed by the Council.

Responsibility of the Owner or Occupier115. The owner or occupier of premises shall—

(a) keep the premises and any person residing in or on the premises free from any vectors of dis-ease; and

(b) comply with the direction of an Environmental Health Officer to treat the premises, or any-thing on the premises, for the purpose of destroying any vectors of disease.

PART 7—INFECTIOUS DISEASES

Division 1—General Provisions

Environmental Health Officer may visit, inspect and report116. An Environmental Health Officer—

(a) may visit and inspect any house, its occupants, fixtures and fittings; and(b) who has reason to believe that there has been a breach of the Act, any regulation made under

the Act or these local laws relating to infectious diseases, shall, as soon as possible, submit awritten report on the matter to the Council.


Requirements on owner or occupier to clean, disinfect and disinfest117. (1) The Council or an Environmental Health Officer may, by notice in writing, direct an owner oroccupier of premises, within the time and in the manner specified in the notice, to clean, disinfect anddisinfest—

(a) the premises; or(b) such things in or on the premises as are specified in the notice,

or both, to the satisfaction of an Environmental Health Officer.(2) An owner or occupier shall comply with a notice given under sub-section (1).

Environmental Health Officer may disinfect or disinfest premises118. (1) Where the Council or the Medical Officer is satisfied that any case of infectious disease hasoccurred on any premises, the Council or the Medical Officer may direct an Environmental HealthOfficer, other Council officer or other person to disinfect and disinfest the premises or any part of thepremises and anything in or on the premises.

(2) An owner or occupier of premises shall permit, and provide access to enable, an EnvironmentalHealth Officer, other Council officer or other person to carry out the direction given under sub-sec-tion (1).

(3) The Council may recover, in a court of competent jurisdiction, the cost of carrying out the workunder this section from the owner or occupier of the premises in or on which the work was carried out.

(4) The Council shall not be liable to pay compensation or damages of any kind to the owner or occu-pier of premises in relation to any action taken by the Council or any of its staff or employees under thissection.

Insanitary houses, premises and things119. (1) An owner or occupier of any house or premises shall maintain the house or premises free fromany insanitary condition or thing.

(2) Where the Council considers that a house is insanitary, it may, by notice in writing, direct anowner of the house, within the time and in the manner specified in the notice, to destroy or amendthe house.

(3) Where an Environmental Health Officer considers that—(a) a house or premises is not being maintained in a sanitary condition; or(b) any thing is insanitary,

the officer may, by notice in writing, direct, as the case may be—(i) the owner or occupier of the house or premises to amend any insanitary condition; or

(ii) the owner or occupier of the thing to destroy or amend it,within the time and in the manner specified in the notice.

(4) A person to whom a notice has been given under sub-sections (2) or (3) shall comply with the termsof the notice.

Medical Officer may authorise disinfecting120. (1) Where the Medical Officer believes that a person is or may be infected by an infectious disease,the Officer may direct the person to have his or her body, clothing and effects disinfected at a place andin a manner directed by the Medical Officer.

(2) A person shall comply with any direction of the Medical Officer under this section.

Persons in contact with an infectious disease sufferer121. If a person in any house is, or is suspected of, suffering from an infectious disease, any occupant ofthe house or any person who enters or leaves the house—

(a) shall obey such instructions or directions as the Council or the Medical Officer may issue;(b) may be removed, at the direction of the Council or the Medical Officer to isolation in an appro-

priate place to prevent or minimise the risk of the infection spreading; and(c) if so removed, shall remain in that place until the Medical Officer otherwise directs.

Declaration of infected house or premises122. (1) To prevent or check the spread of infectious disease, the Council or the Medical Officer mayfrom time to time declare any house or premises to be infected.

(2) A person shall not enter or leave any house or premises declared to be infected without the writtenconsent of the Medical Officer or an Environmental Health Officer.

Destruction of infected animals123. (1) An Environmental Health Officer, upon being satisfied that an animal is or may be infected oris liable to be infected or to convey infection may, by notice in writing, direct that the animal be exam-ined by a registered veterinary officer and all steps taken to enable the condition to be controlled oreradicated or the animal destroyed and disposed of—

(a) in the manner and within the time specified in the notice; and(b) by the person in whose possession, or upon whose premises, the animal is located.

(2) A person who has in his or her possession or upon premises occupied by him or her, an animalwhich is the subject of a notice under sub-section (1) shall comply with the terms of the notice.


Disposal of a body124. (1) An occupier of premises in or on which is located the body of a person who has died of aninfectious disease shall, subject to sub-section (2), cause the body to be buried or disposed of in suchmanner, within such time and with such precautions as may be directed by the Medical Officer.

(2) A body shall not be removed from premises where death occurred except to a cemetery or morgue.

Council may carry out work and recover costs125. (1) Where—

(a) a person is required under this Division or by a notice given under this Division, to carry outany work; and

(b) that person fails or neglects to comply with the requirement,that person commits an offence and the Council may carry out the work or arrange for the work to becarried out by another.

(2) The costs and expenses incurred by the Council in the execution of a power under this section maybe recovered in a court of competent jurisdiction from the person referred to in sub-section (1).

(3) The Council shall not be liable to pay compensation or damages of any kind to the person referredto in sub-section (1) in relation to any action taken by the Council under this section.

Division 2—Disposal of used condoms and needlesDisposal of used condoms126. (1) An occupier of premises on or from which used condoms are produced shall ensure that thecondoms are—

(a) placed in a sealed impervious container and disposed of in a sanitary manner; or(b) disposed of in such a manner as may be directed by an Environmental Health Officer.

(2) A person shall not dispose of a used condom in a public place except in accordance with sub-section (1).

Disposal of used needles127. A person shall not dispose of a used hypodermic syringe or needle in a public place unless it isplaced in an impenetrable, leak-proof container and deposited in a refuse receptacle.

Division 3—Skin PenetrationInterpretation128. In this Division, unless the context otherwise requires—

“Code of Practice for Skin Penetration Procedures” means the Code of Practice for Skin PenetrationProcedures as published by the Health Department of W.A.

Duties on Practitioner129. A person shall not carry out any process or procedure involving skin penetration, other than inaccordance with the Health (Skin Penetration) Regulations 1987 and the Code of Practice For SkinPenetration Procedures.

PART 8—LODGING HOUSESDivision 1—Registration

Interpretation130. (1) In this Part, unless the context otherwise requires—

“bed” means a single sleeping berth only. A double bed provided for the use of couples, shall have thesame floor space requirements as two single beds;“bunk” means a sleeping berth comprising oneof two arranged vertically;

“dormitory” means a building or room utilised for sleeping purposes at a short term hostel or recrea-tional campsite;

“keeper” means a person whose name appears on the register of keepers, in respect of a lodginghouse, as the keeper of that lodging house;

“lodger” means a person who obtains, for hire or reward, board or lodging in a lodging house;“lodging house” includes a recreational campsite, a serviced apartment and a short term hostel;“manager” means a person duly appointed by the keeper in accordance with this Division to reside

in, and have the care and management of, a lodging house;“recreational campsite” means a lodging house—

(a) situated on a campsite principally used for—(i) recreational, sporting, religious, ethnic or educational pursuits; or

(ii) conferences or conventions; and(b) where the period of occupancy of any lodger is not more than 14 consecutive days, and

includes youth camps, youth education camps, church camps and riding schools;“register of lodgers” means the register kept in accordance with Section 157 of the Act and this

Part;


“resident” means a person, other than a lodger, who resides in a lodging house;“serviced apartment” means a lodging house in which each sleeping apartment, or group of sleeping

apartments in common occupancy, is provided with its own sanitary conveniences and may haveits own cooking facilities;

“short term hostel” means a lodging house where the period of occupancy of any lodger is not morethan 14 consecutive days and shall include youth hostels and backpacker hostels; and

“vector of disease” means an arthropod or rodent that transmits, by biological or mechanical means,an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs, crab liceand head lice.

(2) Where in this Part an act is required to be done or forbidden to be done in relation to any lodginghouse, the keeper of the lodging house has, unless the contrary intention appears, the duty of causing tobe done the act so required to be done, or of preventing from being done the act so forbidden to be done,as the case may be.

Lodging House not to be kept unless registered131. A person shall not keep or cause, suffer or permit to be kept a lodging house unless—

(a) the lodging house is constructed in accordance with the requirements of this Part;(b) the lodging house is registered by the Council under section 133;(c) the name of the person keeping or proposing to keep the lodging house is entered in the register

of keepers; and(d) either—

(i) the keeper; or(ii) a manager who, with the written approval of an Environmental Health Officer, has been

appointed by the keeper to have the care and management of the lodging house wheneverthere is one or more lodgers in this lodging house,

resides or intends to reside continuously in the lodging house.

Application for registration132. An application for registration of a lodging house shall be—

(a) in the form prescribed in Schedule 1;(b) duly completed and signed by the proposed keeper; and(c) accompanied by—

(i) the fee prescribed in Schedule 13; and(ii) detailed plans and specifications of the lodging house.

Approval of application133. The Council may approve, with or without conditions, an application under section 132 by issuingto the applicant a certificate in the form of Schedule 2.

Renewal of registration134. A person who keeps a lodging house which is registered under this Part shall—

(a) during the month of June in each year apply to the Council for the renewal of the registrationof the lodging house; and

(b) pay the fee prescribed in Schedule 13 at the time of making each application for renewal.

Notification upon sale or transfer135. If the owner of a lodging house sells or transfers or agrees to sell or transfer the lodginghouse to another person, he or she shall, within 14 days of the date of sale, transfer or agreement,give to the Chief Executive Officer, in the form of Schedule 3 written notice of the full name,address and occupation of the person to whom the lodging house has been, or is to be, sold ortransferred.

Revocation of registration136. (1) Subject to sub-section (3), the Council may, at any time, revoke the registration of a lodginghouse for any reason which, in the opinion of the Council, justifies the revocation.

(2) Without limiting the generality of sub-section (1), the Council may revoke a registration upon anyone or more of the following grounds—

(a) that the lodging house has not, to the satisfaction of Council, been kept free from vectors ofdisease or in a clean, wholesome and sanitary condition;

(b) that the keeper has—(i) been convicted of an offence against these local laws in respect of the lodging house;

(ii) not complied with a requirement of this Part; or(iii) not complied with a condition of registration;

(c) that the Council, having regard to a report from the Police Service, is satisfied that the keeperor manager is not a fit and proper person; and

(d) that, by reason of alterations or additions or neglect to repair and renovate, the condition of thelodging house is such as to render it, in the opinion of an Environmental Health Officer, unfit toremain registered.


(3) Before revoking the registration of a lodging house under this section, the Council shall give noticeto the keeper requiring him or her, within a time specified in the notice, to show cause why the registra-tion should not be revoked.

(4) Whenever the Council revokes the registration of a lodging house, it shall give the keeper notice ofthe revocation and the registration shall be revoked as from the date on which the notice is served on thekeeper.

Division 2—Construction and Use RequirementsGeneral Construction Requirements137. The general construction requirements of a lodging house shall comply with the Building Code.

Insect Screening138. The keeper shall provide and maintain in good working order and condition windows and externaldoors that are screened with wire mesh having openings no larger than 1.2 millimetres.

Sanitary conveniences139. (1) A keeper shall maintain in good working order and condition and in convenient positions onthe premises—

(a) toilets; and(b) bathrooms, each fitted with a shower, bath and wash basin,

in accordance with the requirements of the Building Code.(2) A bathroom or toilet which is used as a private bathroom or toilet to the exclusion of other lodgers

or residents shall not be counted for the purposes of sub-sections (1).(3) Each bath, shower and hand wash basin shall be provided with an adequate supply of hot and cold

water.(4) The walls of each shower and bath shall be of an impervious material to a minimum height of 1.8

metres above the floor level.(5) Each toilet and bathroom shall—

(a) be so situated, separated and screened as to ensure privacy;(b) be apportioned to each sex;(c) have a distinct sign displayed in a prominent position denoting the sex for which the toilet or

bathroom is provided; and(d) be provided with adequate electric lighting.

(6) Paragraphs (5)(b) and (5)(c) do not apply to a serviced apartment.

Laundry140. (1) A keeper shall—

(a) subject to sub- section (2)—(i) in the case of a recreational campsite, provide on the premises a laundry consisting of at

least 45 litre stainless steel trough; and(ii) in any other case, provide on the premises a laundry unit for each 15 lodgers;

(b) at all times maintain each laundry in a proper sanitary condition and in good repair;(c) provide an adequate supply of hot and cold water to each wash trough, sink, copper and wash-

ing machine; and(d) ensure that the floor area of each laundry is properly surfaced with an even fall to a floor waste.

(2) An Environmental Health Officer may approve the provision of a reduced number of laundry unitsif suitable equipment of a commercial type is installed.

(3) In this section—“laundry unit” means a group of facilities consisting of –

(a) a washing machine with a capacity of not less than 4 kilograms of dry clothing;(b) one wash trough of not less than 35 litres capacity, connected to both hot and cold water;

and(c) either an electric drying cabinet or not less than 30 metres of clothes line,

and for which a hot water system is provided that—(d) is capable of delivering 136 litres of water per hour at a temperature of at least 75 degrees

C for each washing machine provided with the communal facilities; and(e) has a delivery rate of not less than 18 litres per minute to each washing machine.

Kitchen141. The keeper of a lodging house shall provide in that lodging house a kitchen which—

(a) has a minimum floor area of—(i) where lodgers prepare their own meals—0.65 square metres per person;

(ii) where meals are provided by the keeper or manager—0.35 square metres per person; or(iii) where a kitchen and dining room are combined—1 square metre per person,but in any case not less than 16 square metres;


(b) has adequate—(i) food storage facilities and cupboards to prevent contamination of food, or cooking or eating

utensils, by dirt, dust, flies or other vectors of disease of any kind; and(ii) refrigerator space for storage of perishable goods;

(c) complies with the requirements of the Health (Food Hygiene) Regulations 1993; and(d) has a wash hand basin and a double bowl sink, each provided with an adequate supply of hot

and cold water.

Cooking Facilities142. (1) The keeper of a lodging house where lodgers prepare their own meals shall provide a kitchenwith electrical, gas or other stoves and ovens approved by an Environmental Health Officer in accord-ance with the following table—

NO. OF LODGERS OVENS 4 BURNER STOVES

1 – 15 1 116 – 30 1 231 – 45 2 346 – 60 2 4Over 60 2 4 + 1 for each additional 15

lodgers (or part thereof)over 60

(2) The keeper of a lodging house where meals are provided by the keeper or manager shall provide akitchen with cooking appliances of a number and type approved by an Environmental Health Officer.

Dining Room143. The keeper of a lodging house shall provide in that lodging house a dining room—

(a) located in close proximity to, or combined with, the kitchen;(b) the floor area of which shall be not less than the greater of—

(i) 0.5 square metres per person; or(ii) 10 square metres; and

(c) which shall be—(i) adequately furnished to accommodate, at any one time, half of the number of lodgers; and

(ii) provided with a suitable floor covering.

Lounge Room144. The keeper of a lodging house shall provide in that lodging house a lounge room—

(a) with a floor area of—(i) where the lounge is not combined with the dining room—not less than 0.6 square metres

per person; or(ii) where the lounge room is combined with a dining room—not less than 1.2 square metres

per person,but in either case having a minimum of 13 square metres; and

(b) which shall be—(i) adequately furnished to accommodate, at any one time, half of the number of lodgers; and

(ii) provided with a suitable floor covering.Fire prevention and control145. (1) A keeper shall—

(a) in each passage in the lodging house provide an emergency light—(i) in such a position and of such a pattern, as approved by an Environmental Health Officer;

and(ii) which shall be kept separate from the general lighting system and kept illuminated during

the hours of darkness;(b) provide an approved fire blanket positioned within 2 metres of the cooking area in each kitchen;

and(c) ensure that each exit sign and fire fighting appliance is clearly visible, accessible and main-

tained in good working order at all times.(2) A keeper shall ensure that all buildings comprising the lodging house are fitted with fire protection

equipment as advised by the Fire and Rescue Services of Western Australia and approved by the Coun-cil.

Obstruction of passages and stairways146. A keeper shall not cause, suffer or permit furniture, fittings or other things to be placed eithertemporarily or permanently in or on—

(a) a stairway, stair landing, fire-escape, window or common passageway; or(b) part of the lodging house in common use or intended or adapted for common use,


in such a manner as to form an obstruction to the free passage of lodgers, residents or persons in oroccupying the lodging house.

Fitting of locks147. A person shall not fit, or cause or permit to be fitted, to an exit door a lock or other device whichprevents the door being opened from within a lodging house.

Restriction on use of rooms for sleeping148. (1) Subject to sub-section (3) and section 163, a keeper shall not use or permit to be used as asleeping apartment a room in a lodging house—

(a) which contains food;(b) which contains or is fitted with a cooking appliance or kitchen sink;(c) which is used as a kitchen, scullery, store room, dining room, general sitting room or lounge

room or for the preparation or storage of food;(d) which is not reasonably accessible without passing through a sleeping or other room in the

private occupation of another person;(e) which, except in the case of a short term hostel or a recreational campsite, contains less than

5.5 square metres of clear floor space, as defined in section 149(2), for each lodger occupying theroom;

(f) which is naturally illuminated by windows having a ratio of less than 0.1 square metre ofunobstructed glass to every 1.0 square metre of floor area;

(g) which is ventilated at a ratio of less than 0.5 square metre of unobstructed ventilating area toevery 10 square metres of floor area;

(h) in which the lighting or ventilation referred to in paragraphs (f) and (g) is obstructed or is notin good and efficient order;

(i) which is not free from internal dampness;(j) of which any part of the floor is below the level of the adjoining ground; or

(k) the floor of which is not fitted with an approved carpet or vinyl floor covering or other floortreatment approved by an Environmental Health Officer.

(2) For the purposes of this section, two children under the age of 10 years shall be counted as onelodger.

(3) Paragraphs (a), (b) and (c) of sub-section (1) shall not apply to a serviced apartment.

Sleeping Accommodation Short Term Hostels and Recreational Campsites149. (1) A keeper of a short term hostel or recreational campsite shall provide clear floor space of notless than—

(a) 4 square metres per person in each dormitory utilising beds; and(b) 2.5 square metres per person in dormitories utilising bunks.

(2) The calculation of clear floor space in sub-section (1) shall exclude the area occupied by any largeitems of furniture, such as wardrobes, but may include the area occupied by beds.

(3) The minimum height of any ceiling in a short term hostel or recreational campsite shall be 2.4metres in any dormitory utilising beds and 2.7 metres in any dormitory utilising bunks.

(4) The minimum floor area requirements in sub-section (1) will only apply if there is ventila-tion, separation distances, fire egress and other safety requirements in accordance with the Build-ing Code.

(5) The keeper of any short term hostel or recreational campsite shall provide—(a) fixed outlet ventilation at a ratio of 0.15 square metres to each 10 square metres of floor area of

the dormitories. Dormitories shall be provided with direct ventilation to the open air from apoint within 230 millimetres of the ceiling level through a fixed open window or vents, carriedas direct to the open air as is practicable; or

(b) mechanical ventilation in lieu of fixed ventilation, subject to the Council’s approval.

(6) The keeper of any short term hostel or recreational campsite shall provide—(a) beds with a minimum size of—

(i) in short term hostels—800 millimetres x 1.9 metres; or(iii) in recreational campsites—750 millimetres x 1.85 metres; and

(b) storage space for personal effects, including backpacks, so that cleaning operations are nothindered and access spaces are not obstructed.

(7) The keeper of any short term hostel or recreational campsite shall—(a) arrange at all times a distance of 750 millimetres between beds and a distance of 900 millime-

tres between bunks;(b) ensure that where bed or bunk heads are placed against the wall on either side of a dormitory,

there is a passageway of at least 1.35 metres between each row of beds and a passageway of atleast 2 metres between each row of bunks. The passageway shall be kept clear of obstruction atall times; and

(c) ensure all doors, windows and ventilators are kept free of obstruction.


(8) The keeper of a short term hostel or recreational campsite shall ensure that—(a) materials used in dormitory areas comply with AS 1530.2 and AS 1530.3 as follows—

drapes, curtains, blinds and bed covers—— a maximum Flammability Index of 6;

upholstery & bedding—— a maximum Spread of Flame Index of 6;— a maximum Smoke Developed Index of 5;

floor coverings—— a maximum Spread of Flame Index of 7;— a maximum Smoke Developed Index of 5.

Fire retardant coatings used to make a material comply with these indices must be—(i) certified by the manufacturer as approved for use with the fabric to achieve the re-

quired indices;(ii) certified by the manufacturer to retain its fire retardancy effect after a minimum of 5

commercial dry cleaning or laundering operations carried out in accordance with AS2001.5.4-1987, Procedure 7A, using ECE reference detergent; and

(iii) certified by the applicator as having been carried out in accordance with the manufac-turer’s specification;

(b) emergency lighting is provided in accordance with the Building Code;(c) no person shall smoke in any dormitory, kitchen, or dining room, within a short term hostel or

recreational campsite. The keeper may permit smoking in a meeting or assembly hall area,within a short term hostel; and

(d) all mattresses are fitted with mattress protectors.

Furnishing etc. of sleeping apartments150. (1) A keeper shall—

(a) furnish each sleeping apartment with a sufficient number of beds and sufficient bedding ofgood quality;

(b) ensure that each bed—(i) has a bed head, mattress and pillow; and

(ii) is provided with a pillow case, two sheets, a blanket or rug and, from the 1st day of May tothe 30th day of September, not less than one additional blanket or rug; and

(c) furnish each bedroom so that there are adequate storage facilities for belongings within the room.(2) A keeper shall not cause, suffer or permit any tiered beds or bunks to be used in a sleeping apart-

ment other than in a lodging house used exclusively as a short term hostel or recreational campsite.

Ventilation151. (1) If, in the opinion of an Environmental Health Officer, a kitchen, bathroom, toilet, laundry orhabitable room is not adequately or properly ventilated, he or she may direct the keeper to provide adifferent or additional method of ventilation.

(2) The keeper shall comply with any direction given under sub-section (1) within such time as directed.

Numbers to be placed on Doors152. (1) A keeper shall place or cause to be placed on the outside of the doors of all rooms available tolodgers in the lodging house, serial numbers so that—

(a) the number “1” is placed on the outside of the door of the room nearest to the front or main entrydoor of the lodging house; and

(b) the numbers continue in sequence throughout each floor (if there is more than one) of thelodging house.

(2) The numbers to be placed on the doors under sub-section (1) shall be—(a) not less than 40 millimetres in height;(b) 1.5 metres from the floor; and(c) permanently fixed either by being painted on the doors or shown by other legible means.

Division 3—Management and CareKeeper or manager to reside in the lodging house153. Whenever there is one or more lodgers in a lodging house, a keeper or manager shall—

(a) reside continuously in the lodging house; and(b) not be absent from the lodging house for more than 48 consecutive hours unless he or she

arranges for a reputable person to have the care and management of the lodging house.

Register of lodgers154. (1) A keeper shall keep a register of lodgers in the form of Schedule 4.

(2) The register of lodgers shall be—(a) kept in the lodging house; and


(b) open to inspection at any time on demand by any member of the Police Service or by an Envi-ronmental Health Officer.

Keeper report155. A keeper shall, whenever required by the Council, report to the Council, in the form of Schedule 5,the name of each lodger who lodged in the lodging house during the preceding day or night.

Certificate in respect of sleeping accommodation156. (1) An Environmental Health Officer may issue to a keeper a certificate, in respect of each room,which shall be in the form of Schedule 6 or 7.

(2) The certificate issued under sub-section (1) shall specify the maximum number of persons whoshall be permitted to occupy each room as a sleeping apartment at any one time.

(3) When required by an Environmental Health Officer, a keeper shall exhibit the certificate issuedunder this section in a conspicuous place in the room to which the certificate refers.

(4) A person shall not cause, suffer or permit a greater number of persons than is specified on acertificate issued under this section to occupy the room to which it refers.

Duplicate keys and inspection157. Each keeper and manager of a lodging house shall—

(a) retain possession of a duplicate key to the door of each room; and(b) when required by an Environmental Health Officer, open the door of any room for the purposes

of inspection by the Officer.

Room occupancy158. (1) A keeper shall not—

(a) cause, suffer or permit more than the maximum number of persons permitted by the Certifi-cate of Registration of the lodging house to be lodged at any one time in the lodging house;

(b) cause, suffer or permit to be placed or kept in any sleeping apartments—(i) a larger number of beds; or

(ii) a larger quantity of bedding,than is required to accommodate and provide for the maximum number of persons permitted to occupythe sleeping apartment at any one time; and

(c) use or cause, suffer or permit to be used for sleeping purposes a room that—(i) has not been certified for that purpose; and

(ii) the Council or the Medical Officer has forbidden to be used as a sleeping apartment.(2) For the purpose of this section, two children under 10 years of age shall be counted as one lodger.

Notifiable Infectious Disease159. A keeper shall, immediately after becoming aware that a lodger or resident is suffering from anotifiable infectious diesase, notify an Environmental Health Officer.

Maintenance of a room by a lodger or resident160. (1) A keeper may permit, or contract with, a lodger or resident to service, clean or maintain theroom or rooms occupied by the lodger or resident.

(2) Where permission is given or a contract entered into under sub-section (1), the keeper shall—(a) inspect each room the subject of the permission or agreement at least once a week; and(b) ensure that each room is being maintained in a clean condition.

(3) A lodger or resident who contracts with a keeper to service, clean or maintain a room occupied byhim or her, shall maintain the room in a clean condition.

Cleaning and maintenance requirements161. (1) A keeper of a lodging house shall—

(a) maintain in a clean, sound and undamaged condition—(i) the floor, walls, ceilings, woodwork and painted surfaces;

(ii) the floor coverings and window treatments; and(iii) the toilet seats;

(b) maintain in a clean condition and in good working order—(i) all fixtures and fittings; and

(ii) windows, doors and door furniture;(c) ensure that the internal walls of each bathroom and toilet are painted so as to maintain a

smooth impervious washable surface;(d) whenever there is one or more lodgers in a lodging house ensure that the laundry floor is

cleaned daily;(e) ensure that—

(i) all bed linen, towels, and house linen in use is washed at least once a week;(ii) within a reasonable time of a bed having been vacated by a lodger or resident, the bed linen

is removed and washed;


(iii) a person does not occupy a bed which has been used by another person unless the bed hasbeen provided with clean bed linen;

(iv) all beds, bedsteads, blankets, rugs, covers, bed linen, towels and house linen are kept clean,in good repair and free from vectors of disease;

(v) when any vectors of disease are found in a bed, furniture, room or sleeping apartment,immediate effective action is taken to eradicate the vectors of disease; and

(vi) a room which is not free from vectors of disease is not used as a sleeping apartment;(f) when so directed by an Environmental Health Officer, ensure that—

(i) a room, together with its contents, and any other part of the lodging house, is cleaned anddisinfected; and

(ii) a bed or other article of furniture is removed from the lodging house and properly disposed of;(g) ensure that the yard is kept clean at all times;(h) provide all bedrooms, passages, common areas, toilets, bathrooms and laundries with adequate

lighting; and(i) comply with any direction, whether orally or in writing, given by an Environmental Health

Officer.(2) In this section—

“bed linen” includes sheets and pillow cases and in the case of a short term hostel or a recreationalcampsite, mattress protectors.

Responsibilities of lodgers and residents162. A lodger or resident shall not—

(a) use any room available to lodgers—(i) as a shop, store or factory; or

(ii) for manufacturing or trading services;(b) keep or store in or on the lodging house any goods or materials which are inflammable, obnox-

ious or offensive;(c) use a bath or wash hand basin other than for ablutionary purposes;(d) use a bathroom facility or fitting for laundry purposes;(e) use a sink installed in a kitchen or scullery for any purpose other than the washing and clean-

ing of cooking and eating utensils, other kitchenware and culinary purposes;(f) deposit rubbish or waste food other than into a proper rubbish receptacle;(g) in a kitchen or other place where food is kept—

(i) wash or permit the washing of clothing or bedding; or(ii) keep or permit to be kept any soiled clothing or bedding;

(h) subject to section 163—(i) keep, store, prepare or cook food in any sleeping apartment; or

(ii) unless sick or invalid and unable to leave a sleeping apartment for that reason, use asleeping apartment for dining purposes;

(i) place or keep, in any part of a lodging house, any luggage, clothing, bedding, or furniture thatis infested with vectors of disease;

(j) store or keep such a quantity of furniture, material or goods within the lodging house—(i) in any kitchen, living or sleeping apartment so as to prevent the cleaning of the floors,

walls, fittings or fixtures; or(ii) in a sleeping apartment so as to decrease the air space to less than the minimum required

by this Part;(k) obstruct or prevent the keeper or manager from inspecting or examining the room or rooms

occupied by the lodger or resident; and(l) fix any fastener or change any lock to a door or room without the written approval of the keeper.

Approval for storage of food163. (1) An Environmental Health Officer may—

(a) upon written application from a keeper, approve the storage of food within a refrigerator orsealed container in a sleeping apartment; and

(b) withdraw the approval if a nuisance or vector of disease infestation is found to exist in thelodging house.

(2) The keeper of a serviced apartment may permit the storage and consumption of food within thatapartment if suitable storage and dining facilities are provided.

PART 9—OFFENSIVE TRADESDivision 1—General

Interpretation164. In this Part, unless the context otherwise requires—

“occupier” in relation to premises includes the person registered as the occupier of the premises inthe Schedule 12 Certificate of Registration;


“offensive trade” means any trades as defined by section 186 of the Act; and“premises” includes houses.

Consent to establish an Offensive Trade165. (1) A person seeking the consent of the Council under section 187 of the Act to establish an offen-sive trade shall—

(a) advertise notice of his intention to apply for consent in accordance with section 166; and(b) lodge with the Chief Executive Officer an application in the form of Schedule 10.

(2) A person who makes a false statement in an application under this section shall be guilty of anoffence.

Notice of Application166. A notice required under section 165 (1)(a) shall—

(a) contain the name and address of the person who intends to make the application;(b) contain a description of the nature of the offensive trade;(c) contain details of the premises in or upon which it is proposed to carry on the proposed trade; and(d) appear in a local newspaper at least two weeks but not more than one month before the appli-

cation under section 165 (1)(b) is lodged with the Chief Executive Officer.

Registration of Premises167. An application for the registration of premises pursuant to section 191 of the Act shall be—

(a) in the form of Schedule 11;(b) accompanied by—

(i) the fee prescribed in the Offensive Trade (Fees) Regulations 1976; and(ii) a comprehensive management plan; and

(c) lodged with the Chief Executive Officer.

Certificate of Registration168. Upon the registration of premises for the carrying on of an offensive trade, the Council shall issueto the applicant a certificate in the form of Schedule 12.

Change of Occupier169. Where there is a change of occupier of the premises registered pursuant to this Division, the newoccupier shall forthwith notify the Chief Executive Officer in writing of such change.

Alterations to Premises170. While any premises remain registered under this Division, a person shall not, without the writtenpermission of the Council, make or permit any change or alteration whatever to the premises.

Occupier Includes Employee171. Where in any section contained in this Part a duty is imposed upon the occupier of premises in orupon which an offensive trade is carried on, the reference to the occupier shall be interpreted to includethe employees of the occupier and any employee committing a breach of any provision of this Part shallbe liable to the same penalties as if he were the occupier.

Division 2—General Duties of an OccupierInterpretation172. In this Division, unless the context otherwise requires—

“occupier” means the occupier, or where there is more than one occupier, each of the occupiers of thepremises in or upon which an offensive trade is carried on; and

“the premises” means those premises in or upon which an offensive trade is carried on.

Cleanliness173. The occupier shall—

(a) keep or cause to be kept in a clean and sanitary condition and in a state of good repair thefloors, walls and ceilings and all other portions of the premises;

(b) keep or cause to be kept in a clean and sanitary condition and in a state of good repair allfittings, fixtures, appliances, machinery, implements, shelves, counters, tables, benches, bins,cabinets, sinks, drain boards, drains, grease traps, tubs, vessels and other things used on or inconnection with the premises;

(c) keep the premises free from any unwholesome or offensive odour arising from the premises;(d) maintain in a clean and tidy condition all yards, footpaths, passage ways, paved areas, stores

or outbuildings used in connection with the premises; and(e) clean daily and at all times keep and maintain all sanitary conveniences and all sanitary fit-

tings and grease traps on the premises in a clean and sanitary condition.

Rats and Other Vectors of Disease174. The occupier shall—

(a) ensure that the premises are kept free from rodents, cockroaches, flies and other vectors ofdisease; and


(b) provide in and on the premises all effective means and methods for the eradication and preven-tion of rodents, cockroaches, flies and other vectors of disease.

Sanitary Conveniences and Wash Basins175. The occupier shall provide on the premises in an approved position sufficient sanitary conven-iences and wash hand basins, each with an adequate supply of hot and cold water for use by employeesand by all other persons lawfully upon the premises.

Painting of Walls etc.176. The occupier shall cause the internal surface of every wall, the underside of every ceiling or roofand all fittings as may be directed in and on the premises to be cleaned and painted when instructed byan Environmental Health Officer.

Effluvia, Vapours or Gases177. The occupier shall provide, use and maintain in a state of good repair and working order, appli-ances capable of effectively destroying or of rendering harmless all offensive effluvia, vapours or gasesarising in any process of his business or from any material, residue or other substance which may bekept or stored upon the premises.

Offensive Material178. The occupier shall—

(a) provide on the premises impervious receptacles of sufficient capacity to receive all offensivematerial and trade refuse produced upon the premises in any one day;

(b) keep airtight covers on the receptacles, except when it is necessary to place something in orremove something from them;

(c) cause all offensive material and trade refuse to be placed immediately in the receptacles;

(d) cause the contents of the receptacles to be removed from the premises at least once in everyworking day and at such more frequent intervals or whenever so directed by an EnvironmentalHealth Officer; and

(e) cause all receptacles after being emptied to be cleaned immediately with an efficient disinfect-ant.

Storage of Materials179. The occupier shall cause all material on the premises to be stored so as not to be offensive orinjurious to health whether by smell or otherwise and so as to prevent the creation of a nuisance.

Specified Offensive Trades180. (1) For the purposes of this section, “specified offensive trade” means one or more of the offensivetrades carried on, in or connected with the following works or premises—

(a) fat rendering premises;

(b) fish premises: and

(c) laundries, dry cleaning premises and dye works.

(2) Where premises are used for or in relation to a specified offensive trade, the occupier shall—

(a) cause the floor of the premises to—

(i) be properly paved and drained with impervious materials;

(ii) have a smooth surface; and

(iii) have a fall to a bucket trap or spoon drain in such a way that all liquids falling on the floorshall be conducted by the trap or drain to a drain inlet situated inside the building wherethe floor is situated;

(b) cause the angles formed by the walls with any other wall, and by the wall with the floor, to becoved to a radius of not less than 25 millimetres; and

(c) cause all liquid refuse to be—

(i) cooled to a temperature not exceeding 26 degrees Celsius and in accordance with the Met-ropolitan Water Supply, Sewerage and Drainage Bylaws 1981 before being discharged intoany drain outlet from any part of the premises; and

(ii) directed through such screening or purifying treatment as an Environmental Health Of-ficer may from time to time direct.

Directions181. (1) An Environmental Health Officer may give to the occupier directions to prevent or diminishthe offensiveness of a trade or to safeguard the public health.

(2) The occupier shall comply with any directions given under this section.

Other Duties of Occupier182. In addition to the requirements of this Division, the occupier shall comply with all other require-ments of this Part that apply to the particular offensive trade or trades carried on by him.


Division 3—Fat Rendering EstablishmentsInterpretation183. In this Division, unless the context otherwise requires—

“fat rendering establishments” means a premises where edible fats including suet, dripping or pre-mier jus are rendered down by any heat processing method; and

“the occupier” means the occupier of any premises on which the trade of fat rendering is carried on.

Exhaust Ventilation184. The occupier shall provide and maintain—

(a) a hood which shall—(i) be of an approved design and construction;

(ii) be situated so as to arrest all effluvia, odours and smoke from the process of fat rendering;and

(iii) extend a minimum of 150 millimetres beyond the length of each appliance; and(b) an exhaust ventilation system—

(i) the point of discharge of which shall be at least 1 metre above the ridge of a pitched roof or3 metres above a flat roof and shall not be located within 6 metres of an adjoining propertyor any fresh air intake; and

(ii) which shall discharge in such manner and in such a position that no nuisance is created.

Covering of Apparatus185. External parts of the fat rendering apparatus shall be constructed or covered with smooth, non-corrosive and impervious material, devoid of holes, cracks and crevices.

Rendering of Walls186. The occupier shall cause each wall within a radius of 3 metres of the rendering apparatus ormachinery to be rendered with a cement plaster with a steel float finish or other approved finish to aheight of 2 metres, devoid of holes, cracks and crevices.

Division 4—Fish PremisesInterpretation187. In this Division, unless the context otherwise requires—

“appliance” includes a utensil, an instrument, a cover, a container or apparatus;“fish” means fresh fish, frozen fish, chilled fish and cooked fish, whether cleaned, uncleaned or part

cleaned and includes crustaceans and molluscs, but does not include—(a) fish which has been cured, preserved, hermetically canned or treated to prevent putrefac-

tion; or(b) cleaned fish supplied in cartons or packets by a packer and sold in such cartons or packets

if they are at all times kept in a deep freeze refrigeration unit at a temperature not exceed-ing minus 15 degrees Celsius;

“fish premises” includes fish processing establishments, fish curing establishments and shellfishand crustacean processing establishments but does not include a premises where cleaning orfilleting of fish is not carried out or premises where significant quantities of potentially offen-sive wastes are not generated;

“fish transport vehicle” includes—(a) an appliance attached to, carried in or used in connection with a vehicle; and(b) a trailer and a portable box, used or designed to be used for the transport or storage of

fish; and“portable box” means a box for the transport or storage of fish and includes a fish transport vehicle.

Fish Preparation Room188. (1) The occupier of a fish premises which requires a fish processing or preparation room shallensure that this room complies with the following requirements—

(a) the walls shall be constructed of brick or concrete with the internal surface rendered with acement plaster with a steel float finish or other approved material and shall be devoid of holes,cracks and crevices;

(b) the floor shall be of concrete with a smooth, durable surface and shall be treated with an ap-proved surface hardening process;

(c) the minimum floor area shall be 9 square metres;(d) the room shall be furnished with a wash hand basin connected to a piped supply of hot and cold

water; and(e) the room shall be flyproofed and provided with ample light and ventilation.

(2) The occupier shall ensure that all fish are prepared in the fish processing or preparation room andthat room is to be used solely for that purpose.

(3) The occupier of a fish premises shall provide, in or easily accessible from each fish preparation room,cleaning facilities consisting of a double bowl stainless steel wash trough of adequate size to accommodatethe equipment and utensils used on the premises, connected to a piped supply of hot and cold water.


Bench189. The occupier of a fish premises shall provide and maintain on the premises a separate stainlesssteel bench for the handling of fish.

Disposal of Waste190. The occupier of a fish premises shall cause all offal and wastes, all rejected and unsaleable fishand any rubbish or refuse which is likely to be offensive or a nuisance to be—

(a) placed in the receptacles referred to in section 178 and disposed of in accordance with thatsection; or

(b) kept in a frozen state in an approved enclosure before its removal from the premises.

Fish Containers191. The occupier of a fish premises shall not allow any box, basket or other container used for thetransport of fish to—

(a) remain on the premises longer than is necessary for it to be emptied; or(b) be kept so as to cause a nuisance or to attract flies.

Cooking of Fish192. Where cooking of fish is carried out in a fish premises, the occupier shall provide and maintain—

(a) a hood as set out in the Health (Food Hygiene) Regulations 1993, which shall be of an approveddesign and construction and so situated as to capture and remove all effluvia, odours and smokefrom the process of cooking; and

(b) an exhaust ventilation system—(i) the point of discharge of which shall be at least 1 metre above the ridge of a pitched roof or

3 metres above a flat roof and shall not be located within 6 metres of an adjoining propertyor any fresh air intakes; and

(ii) which shall discharge in such manner and in such a position that no nuisance is created.

Use of an Approved Portable Box193. An Environmental Health Officer may permit an approved portable box to be used for the trans-port or storage of fish.

Fish Transport Vehicle194. A person shall not use a fish transport vehicle for the transport or storage of fish unless it is soconstructed, equipped and maintained that—

(a) the frame is made of metal or other approved material;(b) all internal surfaces—

(i) are made of metal or approved non-toxic plastic substance, which may include stainlesssteel, aluminium galvanised iron, fibreglass, or other material of similar strength and im-permeable qualities;

(ii) are smoothly finished;(iii) are rigidly secured with a solid backing; and(iv) have floor and vertical angles coved with not less than a 9.5 millimetre radius, but, if all

necessary floor joints are effectively sealed, the surface of the floor, or part of it, may be ofan approved tread type track material;

(c) internal horizontal joints made between metal sheeting are lapped from top to bottom andeither—(i) continuously welded; or

(ii) lapped with a minimum of 40 millimetres cover secured with blind rivets and sealed witha non-toxic sealing material;

(d) the vehicle is effectively insulated with a stable insulating material;(e) the vehicle has, at the rear or side, doors that are made in the manner provided by paragraphs

(a), (b), (c) and (d) of this section, are close fitting, and have a suitable locking device fitted;(f) the vehicle is fitted with shelves and grids, made of impervious material, in such a manner that

the shelves and grids may be easily removed;(g) any containers used in the vehicle for fish are made of stainless steel, fibre glass, or approved

non-toxic plastic; and(h) the vehicle is in good repair and condition and is thoroughly clean.

Division 5—Flock FactoriesInterpretation195. In this Division, unless the context otherwise requires—

“flock factory” means any premises or place where flock is produced wholly or partly by tearing up orteasing, wadding, kapok, rags, cotton, linters, fibre, or other material used or likely to be usedfor the filling of mattresses, pillows, bedding, upholstery, cushions or substances used in pack-aging material or the manufacture of underfelt; and

“the occupier” means the occupier of a flock factory.


New and Used Material196. (1) Subject to sub-section (2), the occupier shall not use for the manufacture of flock any materialother than new material.

(2) Material other than new material may be used for the manufacture of flock if, before being used,every part of that material is subjected to moist heat maintained at a temperature of 100 degrees Cel-sius for at least 20 minutes.

Collection and Removal of Dust197. The occupier shall provide effective means to prevent the escape into the open air of all dust orother material from the premises.

Building Requirements198. The occupier shall cause each building on the premises to comply with the following require-ments—

(a) the floor shall be of concrete;(b) the walls shall be of concrete or brick and shall be finished internally with cement plaster with

a steel float finish or other approved finish to a height of 2 metres; and(c) the ceiling or underside of the roof shall be of durable and non-absorbent material finished

internally with a smooth surface.

Unclean Rags199. A person shall not—

(a) collect, deliver, offer for sale or sell for the manufacture of flock;(b) receive, store or deliver for the manufacture of flock; or(c) make flock from,

rags which are unclean or which have been taken from any refuse or rubbish or from any receptacle usedfor the storage or collection of refuse or rubbish.

Bedding and Upholstery200. A person shall not, for the purpose of sale or in the course of any business, remake, renovate,tease, re-tease, fill, refill or repair any—

(a) used bedding; or(b) upholstery,

which is unclean, offensive, or infested with vectors of disease, unless the—(i) material of which the bedding is made; or

(ii) filling material of which the upholstery is made,has been boiled for 30 minutes or otherwise effectively disinfected and cleaned.

Division 6—Laundries, Dry Cleaning Establishments And Dye WorksInterpretation201. In this Division, unless the context otherwise requires—

“dry cleaning establishment”—(i) means premises where clothes or other articles are cleaned by use of solvents without

using water; but(ii) does not include premises in which perchlorethylene or arklone is used as dry cleaning

fluid in a machine operating on a full cycle and fully enclosed basis;“dye works” means a place where articles are commercially dyed, but does not include dye works in

which provision is made for the discharge of all liquid waste therefrom into a public sewer;“exempt laundromat” means a premises in which—

(a) laundering is carried out by members of the public using, on payment of a fee, machines orequipment provided by the owners or occupiers of those establishments;

(b) laundering is not carried out by those owners or occupiers for or on behalf of other persons;and

(c) provision is made for the discharge of all liquid waste therefrom into a public sewer;“exempt laundry” means a laundry in respect of which Council has certified in writing to be exempt

from the provisions of this Part;“laundromat” means a public place with coin operated washing machines, spin dryers or dry clean-

ing machines; and“laundry” means any place where articles are laundered by commercial grade machinery but does

not include an exempt laundry or an exempt laundromat.

Receiving Depot202. An owner or occupier of premises shall not use or permit the premises to be used as a receiv-ing depot for a laundry, dry cleaning establishment or dye works except with the written permis-sion of an Environmental Health Officer who may at any time by written notice withdraw suchpermission.


Reception Room203. (1) The occupier of a laundry, dry cleaning establishment or dye works shall—

(a) provide a reception room in which all articles brought to the premises for treatment shall bereceived and shall not receive or permit to be received any such articles except in that room;and

(b) cause such articles as may be directed by an Environmental Health Officer to be thoroughlydisinfected to the satisfaction of the officer.

(2) A person shall not bring or permit food to be brought into the reception room referred to in thissection.

Walls and Floors204. The occupier of a laundry, dry cleaning establishment or dye works shall cause—

(a) the internal surfaces of all walls to be rendered with a cement plaster with a steel float finish orother approved material to a height of 2 metres and to be devoid of holes, cracks or crevices;

(b) the floor to be impervious, constructed of concrete and finished to a smooth surface; and(c) every floor and wall of any building on the premises to be kept at all times in good order and

repair, so as to prevent the absorption of any liquid which may be splashed or spilled or may falland be deposited on it.

Laundry Floor205. The occupier of a laundry shall provide in front of each washing machine a non-corrosive grating,with a width of at least 910 millimetres, so constructed as to prevent any person from standing in wateron the floor.

Escape of Dust206. The occupier of a dry cleaning establishment shall provide effective means to prevent the escapeinto the open air of all dust or other material from the premises.

Precautions Against Combustion207. The occupier of a dry cleaning establishment where volatile liquids are used shall take all properprecautions against combustion and shall comply with all directions given by an Environmental HealthOfficer for that purpose.

Trolleys208. The occupier of a dry cleaning establishment shall—

(a) provide trolleys for the use of transporting dirty and clean linen; and(b) ensure that each trolley is—

(i) clearly designated to indicate the use for which it is intended;(ii) lined internally with a smooth impervious non-absorbent material that is easily cleaned;

and(iii) thoroughly cleaned and disinfected on a regular basis.

Sleeping on Premises209. A person shall not use or permit any room in a laundry, dry cleaning establishment or dye worksto be used for sleeping purposes.

PART 10—OFFENCES AND PENALTIESOffences and Penalties210. (1) A person who contravenes a provision of these local laws commits an offence.

(2) A person who commits an offence under sub-section (1) is liable to—(a) a penalty which is not more than $1,000 and not less than—

(i) in the case of a first such offence, $100;(ii) in the case of a second such offence, $200; and

(iii) in the case of a third or subsequent such offence, $500; and(b) if the offence is a continuing offence, a daily penalty which is not more than $100 and not less

than $50.

(Section 132)Schedule 1

Shire of AshburtonHealth Act 1911

APPLICATION FOR REGISTRATION OF A LODGING HOUSETo: Chief Executive Officer

Shire of AshburtonI/We,..................................................................................................................................................................

(Full name of Applicant/s)


of ..................................................................................................................................................................................................................................................................................................................................................

(Residential Address of Applicant/s)apply for the registration of premises situated (or to besituated) at .........................................................................................................................................................................................................................................................................................................................................as a lodging house to be classified as—

- a lodging house;- a short term hostel;- serviced apartments;- a recreational campsite; orother, (specify).

and for my name to be entered in the Register as the keeper of the lodging house.DESCRIPTION OF LODGING HOUSENumber of storeys………………………..Rooms for private use

Number AreaLaundries/toilets/bathrooms ……………….. ………………..Bedrooms ……………….. ………………..Dining Rooms ……………….. ………………..Kitchens ……………….. ………………..Sitting Rooms ……………….. ………………..Other (Specify) ……………….. ………………..

Rooms for lodgersNumber Area

Bedrooms ……………….. ………………..Dining Rooms ……………….. ………………..Kitchens ……………….. ………………..Sitting Rooms ……………….. ………………..Other (Specify) ……………….. ………………..

Sanitary Conveniences for male lodgersToilets ………………..Urinals ………………..Baths ………………..Showers ………………..Wash hand basins ………………..

Sanitary Conveniences for female lodgersToilets ………………..Baths ………………..Showers ………………..Wash hand basins ………………..

Laundry FacilitiesCoppers ………………..Washtroughs ………………..Washing machines ………………..Drying cabinets orclothes lines ………………..

Additional Details(a) Lodgers’ meals will be provided by the manager/keeper/lodgers.(b) The keeper will/will not reside continuously on the premises.(c) Name and occupation of proposed manager if keeper resides elsewhere—

……………………………………….(d) There will be ……................…………. family members residing on the premises with the keeper/

manager.Application fee of $..….... is attached.

………………………………………. (Signature of Applicant/s)……………………(Date)




CERTIFICATE OF REGISTRATION OF A LODGING HOUSETHIS is to certify that the premises situated at………………………………………………………………………………….........................................………………………………………………………….................................……………………………………are registered as aLodging House and classified as—

- a lodging house- a short term hostel- serviced apartments- a recreational campsite- other (specify)

until 30 June 19 ........, on the following conditions—1. that ………………………………………………………….., whose name is entered on the register

of keepers of the Shire of Ashburton, continues to be the keeper of the lodging house;2. that …………………………………………………………….., appointed by the keeper to be the man-

ager of the lodging house, continues to be the manager of the lodging house;3. that the Certificate of Registration is not sooner cancelled or revoked;4. that the maximum number of rooms to be used as sleeping apartments for lodgers is

……………………………..; and5. that the maximum number of lodgers accommodated on the premises shall not exceed

………………………………

This Certificate of Registration is issued subject to the Health Act 1911 and Health Local Laws of theShire of Ashburton and is not transferable.Dated ......................... 19...……

…………………………………………

Environmental Health OfficerShire of Ashburton

Fee received: $....................



NOTICE OF CHANGE OF OWNER OF A LODGING HOUSETo: Chief Executive Officer

Shire of AshburtonI/We,......................................……………………………………………………………………………………………

(Full Name of Applicant/s)of…………………………………………….......................................…………………………………………………..…………………………………………………………………………....................................………………………..

(Residential Address of Applicant/s)am/are the new owner/s of premises situated at ………………………...........................……………………..…………………………………………………………………………………………………......................................which are registered in the name of ……………………………………………………………............................…………………………………………………………………………………………………......................................for the carrying on of the lodging house business.………………………….......(Signature of Applicant/s)………………….................(Date)




(Section 157)REGISTER OF LODGERS

Location of Lodging House: …………………………………………………………………......................................………………………………………………………………………………………………….......................................

Date of Name Previous Room Date ofArrival Departure Address Signature No.

……….......................................……………………………………………………………………………………………………………………………......................................……………………………………………………………………………………………………………………………………………………….........................................………………………………………………………………………......................................……………………………………



LIST OF LODGERSThe Chief Executive OfficerShire of AshburtonThe following is the name of every person who resided in the lodging house at…………………………………………………………………………………....................................……………….…………………………………………………………………………………………………......................................on the ………..................................... day of …………..................…………. 19………

(Signed) ………………..………(Keeper)

Date: …………………….



CERTIFICATE OF SLEEPING ACCOMMODATIONTo:………………………………………………………………….....................................……………………………

(Name of Keeper)of…………………………………………………………………………………....................................……………..

(Address of Keeper)For the registered lodging house situated at: …………………………...........................……………………………………………………………………………………………………………......................................………………This room, No. ………................……………, can be used as a sleeping apartment (for sleeping purposesonly) to accommodate not more than ……………..........……….. persons at any one time.Date …………………………………….

…………………………………………Environmental Health Officer




CERTIFICATE OF SLEEPING ACCOMMODATION FOR A LODGING HOUSEWITH MORE THAN 20 SLEEPING APARTMENTS

To:……………………………………………………………………….........................................……………………(Name of Keeper)

………………………………………………………………………………………………….........................................(Address of Keeper)

for the registered lodging house situated at……………………………………………………...............................…………………………………………………………………………………………………..........................................The rooms listed below are not to be occupied by more than the number of lodgers or residents indicatedbelow.ROOM NUMBER: MAXIMUM OCCUPANCY:

Date ………………………………………………………………………..

Environmental Health Officer



APPLICATION FOR LICENCE OF A MORGUETo: Chief Executive Officer

Shire of AshburtonI……………………………….………......................................……………………………………………………….

(full name in block letters)of….…………………………..…………………………………........................................……………………………..

(full residential address)apply to licence the premises listed below as a MorgueAddress of premises:....................................……………………………………………………………………………………………………………......................................………………………………………………………………Name of premises:……………………….........................................………………………………………………..Dated this ………………….................... day of …………...............…………… 19..........

…......………………………(Signature of Applicant)



CERTIFICATE OF LICENCE OF A MORGUEThis is to certify the following premises is licensed as a Morgue from the…………...............……………day of ……………………................. 19…… until 30th day of June 19…….Address of premises:……………………………………………………………………………………….......................................………..………………………………………………………………………………………………......................................…Name of premises:…….………………………………………………………………….........................................Dated this ………. day of ……………………… 19……


Shire of Ashburton




APPLICATION FOR CONSENT TO ESTABLISHAN OFFENSIVE TRADE

To: Chief Executive OfficerShire of Ashburton

I/We,……………………………………………………………………………….......................................……………(Full Name of Applicant/s)

of…………………………………………………………………………….......................................………………….…………………………………………………………………………………………………..........................................

(Residential Address of Applicant/s)apply for consent to establish an offensive trade being……………………………………………………………………………………..........................................……………

(Description of Offensive Trade)in or upon………………………………………………………………………………….......................................……………….

(Location of the House or Premises)Notice of my/our intention to make this application wasadvertised in …………………………………………………………………....................................…………………………………………………………………………………………………………………….......................................on ……………………………………………………………………………………………….....................................

(Date of Advertisement)Plans and specifications of the buildings proposed to be used or erected in connection with the proposedoffensive trade are attached.…………………………….....(Signature of Applicants/s)………………................….(Date)



APPLICATION FOR REGISTRATION OF PREMISESFOR OFFENSIVE TRADE

To: Chief Executive OfficerShire of Ashburton

I/We, …………..……………………………………………………………........................................……………….(Full Name of Applicant/s)

of …………………………………………………………………………........................................………………….………………………………………………………………………………………………......................................…

(Residential Address of Applicant/s)apply for registration, for the year ended ………………………………................................……………………of ……………………………………………………………………………………………...........................................

(Location of Premises)being premises in or upon which there is (or is to be) carried on an offensive trade, namely……………………………………………………………………………..........................................………………….…………………………………………………………………………………………………......................................

(Description of Offensive Trade)under the business name of ………………………………………………...................................……………………The prescribed registration fee of $………….. is attached.…………………………….....(Signature of Applicants/s)…………………..................(Date)




CERTIFICATE OF REGISTRATION OF PREMISES FOROFFENSIVE TRADE

This is to certify that the premises situated at …………………………………………...........................…….……………………………………………………………………………………......................................... of which………………………………………………………………………………………………........................................…is the occupier, are registered for the carrying on of thetrade of ………………………………………………………………………………………………..........................…Trade Name ……………………………………………………………………………………………….................…This registration expires on the ………………………………..................…… 19…...…Dated this …………....................… day of ……………………………. 19……


Shire of Ashburton

Schedule 13Shire of Ashburton

Health Act 1911PRESCRIBED FEES

Schedule Description Prescribed Fee9 Registration of Lodging House (a) $200; or

(b) the amount calculated by multiplying the numberof persons permitted to be accommodated inaccordance with clause 156 by $3,

whichever is the greater amount15 Licensing of a Morgue $80.00


Health Act 1911PRESCRIBED PROHIBITED AREAS—KEEPING OF PIG

All that land within and within 10 kilometres of—• Townsite of Onslow• Townsite of Tom Price• Townsite of Paraburdoo• Pannawonica Townsite being Special Lease No. 3116/4627


Health Act 1911PRESCRIBED AREAS—SECTION 112A

All that land within—• Townsite of Onslow• Townsite of Tom Price and that area known as the “Old LIA”• Townsite of Paraburdoo• Pannawonica Townsite being Special Lease No. 3116/4627


Passed at a meeting of the Council of the Shire of Ashburton held on Tuesday, 20 January 1998.

The Common Seal of the Shire of Ashburton was hereunto affixed in the presence of—

On this 20th day of January 1998.

BRIAN HAYES, Shire President.DAVID G. CAREY, Chief Executive Officer.

Consented to—Dr C. F. QUADROS, Executive Director,

Public Health.

Dated this 26th day of February 1998.


!199800043GG!

WESTERN AUSTRALIA _____________

Local Government Act 1995

SHIRE OF ASHBURTON

Shire of Ashburton (Council Meetings) Local Law 2012

ARRANGEMENT

Table of Contents

Part 1 - Preliminary ................................................................................................................................ 5 1.1 Citation ................................................................................................................................................... 5 1.2 Commencement ..................................................................................................................................... 5 1.3 Application and intent ............................................................................................................................ 5 1.4 Interpretation .......................................................................................................................................... 5 1.5 Repeal .................................................................................................................................................... 6

Part 2 – Establishment and membership of committees ..................................................................... 6 2.1 Establishment of committees ................................................................................................................. 6 2.2 Types of committees .............................................................................................................................. 6 2.3 Delegation of some powers and duties to certain committees ............................................................... 6 2.4 Limits on delegation of powers and duties to certain committees ......................................................... 6 2.5 Appointment of committee members ..................................................................................................... 6 2.6 Tenure of committee membership ......................................................................................................... 6 2.7 Resignation of committee members ....................................................................................................... 6 2.8 Register of delegations to committees ................................................................................................... 6 2.9 Committees to report .............................................................................................................................. 6

Part 3 - Calling and convening meetings .............................................................................................. 6 3.1 Ordinary and special Council meetings ................................................................................................. 6 3.2 Calling Council meetings ....................................................................................................................... 7 3.3 Convening Council meetings ................................................................................................................. 7 3.4 Calling committee meetings ................................................................................................................... 7 3.5 Public notice of meetings ....................................................................................................................... 7

Part 4 – Presiding Member and quorum .............................................................................................. 7 Division 1: Who presides .................................................................................................................................... 7 4.1 Who presides .......................................................................................................................................... 7 4.2 When the Deputy Mayor/Deputy President can act ............................................................................... 7 4.3 Who acts if no Mayor/President ............................................................................................................. 7 4.4 Election of Presiding Members of committees ...................................................................................... 7 4.5 Election of Deputy Presiding Members of committees ......................................................................... 7 4.6 Functions of Deputy Presiding Members ............................................................................................... 7 4.7 Who acts if no Presiding Member .......................................................................................................... 7 Division 2 – Quorum ........................................................................................................................................... 7 4.8 Quorum for meetings ............................................................................................................................. 7 4.9 Reduction of quorum for Council meetings ........................................................................................... 8 4.10 Reduction of quorum for committee meetings ....................................................................................... 8 4.11 Procedure where no quorum to begin a meeting .................................................................................... 8 4.12 Procedure where quorum not present during a meeting ......................................................................... 8 4.13 Names to be recorded ............................................................................................................................. 8

Part 5 - Business of a meeting ................................................................................................................ 8 5.1 Business to be specified ......................................................................................................................... 8 5.2 Order of business ................................................................................................................................... 8 5.3 Motions of which previous notice has been given ................................................................................. 8

jbrayford

Typewritten Text

ATTACHMENT 11.2B

5.4 New business of an urgent nature .......................................................................................................... 9 5.5 Motions Without Notice by Absolute Majority of Council ................................................................... 9 5.6 Adoption by exception resolution .......................................................................................................... 9

Part 6 - Public participation ................................................................................................................... 9 6.1 Meetings generally open to the public ................................................................................................... 9 6.2 Meetings not open to the public ........................................................................................................... 10 6.3 Question time for the public ................................................................................................................. 10 6.4 Question time for the public at certain meetings.................................................................................. 10 6.5 Minimum question time for the public ................................................................................................. 10 6.6 Procedures for question time for the public ......................................................................................... 10 6.7 Other procedures for question time for the public ............................................................................... 10 6.8 Distinguished visitors ........................................................................................................................... 11 6.9 Deputations .......................................................................................................................................... 11 6.10 Petitions ................................................................................................................................................ 11 6.11 Presentations ........................................................................................................................................ 12 6.12 Participation at committee meetings .................................................................................................... 12 6.13 Council may meet to hear public submissions ..................................................................................... 12 6.14 Public Inspection of agenda materials .................................................................................................. 13 6.15 Confidentiality of information withheld .............................................................................................. 13 6.16 Recording of proceedings .................................................................................................................... 13 6.17 Prevention of disturbance ..................................................................................................................... 13

Part 7 - Questions by Members ........................................................................................................... 13

Part 8 – Conduct of Members .............................................................................................................. 14 8.1 Members to be in their proper places ................................................................................................... 14 8.2 Respect to the Presiding Member ........................................................................................................ 14 8.3 Titles to be used ................................................................................................................................... 14 8.4 Advice of entry or departure ................................................................................................................ 14 8.5 Members to indicate their intention to speak ....................................................................................... 14 8.6 Priority of speaking .............................................................................................................................. 14 8.7 Presiding Member may take part in debates ........................................................................................ 14 8.8 Relevance ............................................................................................................................................. 14 8.9 Speaking twice ..................................................................................................................................... 15 8.10 Duration of speeches ............................................................................................................................ 15 8.11 No speaking after conclusion of debate ............................................................................................... 15 8.12 No interruption ..................................................................................................................................... 15 8.13 Personal explanations ........................................................................................................................... 15 8.14 No reopening of discussion .................................................................................................................. 15 8.15 Adverse reflection ................................................................................................................................ 15 8.16 Withdrawal of offensive language ....................................................................................................... 15

Part 9 - Preserving order ...................................................................................................................... 16 9.1 Presiding Member to preserve order .................................................................................................... 16 9.2 Point of order ....................................................................................................................................... 16 9.3 Procedures on a point of order ............................................................................................................. 16 9.4 Calling attention to breach ................................................................................................................... 16 9.5 Ruling by the Presiding Member ......................................................................................................... 16 9.6 Continued breach of order .................................................................................................................... 16 9.7 Right of Presiding Member to adjourn ................................................................................................. 17

Part 10 - Debate of substantive motions ............................................................................................. 17 10.1 Motions to be stated and in writing ...................................................................................................... 17 10.2 Motions to be supported ....................................................................................................................... 17 10.3 Unopposed business ............................................................................................................................. 17 10.4 Only one substantive motion at a time ................................................................................................. 17 10.5 Order of call in debate .......................................................................................................................... 17 10.6 Limit of debate ..................................................................................................................................... 18 10.7 Member may require question to be read ............................................................................................. 18 10.8 Consent of seconder required for alteration ......................................................................................... 18

10.9 Order of amendments ........................................................................................................................... 18 10.10 Form of an amendment ........................................................................................................................ 18 10.11 Amendment must not negate original motion ...................................................................................... 18 10.12 Relevance of amendments.................................................................................................................... 18 10.13 Mover of motion may speak on amendment ........................................................................................ 18 10.14 Effect of an amendment ....................................................................................................................... 18 10.15 Withdrawal of motion or amendment .................................................................................................. 18 10.16 Right of reply ....................................................................................................................................... 18

Part 11 - Procedural motions ............................................................................................................... 19 11.1 Permissible procedural motions ........................................................................................................... 19 11.2 No debate ............................................................................................................................................. 19 11.3 Who may move .................................................................................................................................... 19 11.4 Procedural motions - right of reply on substantive motion .................................................................. 19 11.5 Meeting to proceed to the next business .............................................................................................. 19 11.6 Debate to be adjourned ........................................................................................................................ 19 11.7 Meeting now adjourn ........................................................................................................................... 19 11.8 Question to be put ................................................................................................................................ 20 11.9 Member to be no longer heard ............................................................................................................. 20 11.10 Ruling of the Presiding Member to be disagreed with ......................................................................... 20

Part 12 - Disclosure of interests ........................................................................................................... 20 12.1 Disclosure of interests .......................................................................................................................... 20

Part 13 - Voting ..................................................................................................................................... 20 13.1 Question - when put ............................................................................................................................. 20 13.2 Voting .................................................................................................................................................. 20 13.3 Majorities required for decisions ......................................................................................................... 20 13.4 Method of taking vote .......................................................................................................................... 20

Part 14 – Minutes of meetings .............................................................................................................. 21 14.1 Keeping of minutes .............................................................................................................................. 21 14.2 Content of minutes ............................................................................................................................... 21 14.3 Public inspection of unconfirmed minutes ........................................................................................... 21 14.4 Confirmation of minutes ...................................................................................................................... 21

Part 15 - Adjournment of meeting ...................................................................................................... 21 15.1 Meeting may be adjourned ................................................................................................................... 21 15.2 Effect of adjournment .......................................................................................................................... 21

Part 16 – Revoking or changing decisions .......................................................................................... 22 16.1 Requirements to revoke or change decisions ....................................................................................... 22 16.2 Limitations on powers to revoke or change decisions ......................................................................... 22 16.3 Implementing a decision ...................................................................................................................... 22

Part 17 - Suspension of Local Laws..................................................................................................... 22 17.1 Suspension of Local Laws ................................................................................................................... 22 17.2 Where Local Laws do not apply .......................................................................................................... 23 17.3 Cases not provided for in Local Laws .................................................................................................. 23

Part 18 - Meetings of electors ............................................................................................................... 23 18.1 Electors' general meetings .................................................................................................................... 23 18.2 Matters for discussion at electors' general meetings ............................................................................ 23 18.3 Electors' special meetings .................................................................................................................... 23 18.4 Requests for electors' special meetings ................................................................................................ 23 18.5 Convening electors' meetings ............................................................................................................... 23 18.6 Who presides at electors' meetings ...................................................................................................... 23 18.7 Procedure for electors' meetings .......................................................................................................... 23 18.8 Participation of non-electors ................................................................................................................ 23 18.9 Voting at electors' meetings ................................................................................................................. 23 18.10 Minutes of electors' meetings ............................................................................................................... 23 18.11 Decisions made at electors' meetings ................................................................................................... 24

Part 19 - Enforcement .......................................................................................................................... 24 19.1 Penalty for breach ................................................................................................................................ 24 19.2 Who can prosecute ............................................................................................................................... 24


SHIRE OF ASHBURTON

Shire of Ashburton (Council Meetings) Local Law 2012

Under the powers conferred by the Local Government Act 1995 and under all other relevant powers, the SHIRE OF ASHBURTON resolved on [INSERT DATE] to make the following local law.

Part 1 - Preliminary

1.1 Citation (1) This local law may be cited as SHIRE OF ASHBURTON Local Government (Council

Meetings) Local Law 2012

1.2 Commencement By virtue of section 3.14 of the Act, these Local Laws come into operation 14 days after the date of their publication in the Government Gazette.

1.3 Application and intent (1) These Local Laws provide rules and guidelines which apply to the conduct of meetings of

the Council and its committees and to meetings of electors. (2) All meetings are to be conducted in accordance with the Act, the Regulations and these

Local Laws. (3) These Local Laws are intended to result in:

(a) better decision-making by the Council and committees; (b) the orderly conduct of meetings dealing with Council business; (c) better understanding of the process of conducting meetings; and (d) the more efficient and effective use of time at meetings.

1.4 Interpretation (1) In these Local Laws unless the context otherwise requires: “absolute majority” has the meaning given to it in the Act; “75% majority” has the meaning given to it in the Act; “Act” means the Local Government Act 1995; “CEO” means the Chief Executive Officer of the Local Government; “committee” means a committee of the Council established under section 5.8 of the Act; “committee meeting” means a meeting of a committee; “Council” means the Council of the Shire of Ashburton; “Local Government” means the Shire of Ashburton; “Mayor/President” means the Mayor/President of the Local Government or other Presiding Member at a Council meeting under section 5.6 of the Act; “meeting” means a meeting of the Council or a committee, as the context requires;

“Member” has the meaning given to it in the Act; “Presiding Member” means: (a) in respect of the Council, the person presiding under section 5.6 of the Act; and (b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of the

Act; “Regulations” means the Local Government (Administration) Regulations 1996; “simple majority” means more than 50% of the members present and voting; and, “substantive motion” means an original motion or an original motion as amended, but does not

include an amendment or a procedural motion. (2) Unless otherwise defined in these Local Laws, the terms and expressions used in these

Local Laws are to have the meaning given to them in the Act and Regulations.

1.5 Repeal

(1) The following Local Laws are repealed:

(a) Shire of Ashburton Standing Orders By-law published in the Government

Gazette on 30 March 1990; and

(b) Shire of Ashburton Local Law Relating To The Conduct Of Proceedings And

The Business Of Council—Standing Orders published in the Government

Gazette on 9 March 1998 and amendments thereto published in the Government

Gazette on 30 April 1999.

Part 2 – Establishment and membership of committees

2.1 Establishment of committees

(1) The establishment of committees is dealt with in the Act.

(2) A Council resolution to establish a committee under section 5.8 of the Act is to include: (a) the terms of reference of the committee; (b) the number of council members, officers and other persons to be appointed to the

committee; (c) the names or titles of the council members and officers to be appointed to the

committee; (d) the names of other persons to be appointed to the committee or an explanation of

the procedure to be followed to determine the appointments; and (e) details of the delegation of any powers or duties to the committee under

section 5.16 of the Act.

(3) These Local Laws are to apply to the conduct of committee meetings.

2.2 Types of committees

The types of committees are dealt with in the Act.

2.3 Delegation of some powers and duties to certain committees

The delegation of some powers and duties to certain committees is dealt with in the Act.

2.4 Limits on delegation of powers and duties to certain committees

The limits on the delegation of powers and duties to certain committees are dealt with in the Act.

2.5 Appointment of committee members

The appointment of committee members is dealt with in the Act.

2.6 Tenure of committee membership

Tenure of committee membership is dealt with in the Act.

2.7 Resignation of committee members

The resignation of committee members is dealt with in the Regulations.

2.8 Register of delegations to committees

The register of delegations to committees is dealt with in the Act.

2.9 Committees to report A committee: (a) is answerable to the Council; and (b) is to report on its activities when, and to the extent, required by the Council.

Part 3 - Calling and convening meetings

3.1 Ordinary and special Council meetings (1) Ordinary and special Council meetings are dealt with in the Act.

(2) An ordinary meeting of the Council, held on a monthly basis or otherwise as determined

by the Council, is for the purpose of considering and dealing with the ordinary business of the Council.

(3) A special meeting of the Council is held for the purpose of considering and dealing with

Council business that is urgent, complex in nature, for a particular purpose or confidential.

3.2 Calling Council meetings The calling of Council meetings is dealt with in the Act.

3.3 Convening Council meetings (1) The convening of a Council meeting is dealt with in the Act.

(2) Subject to subclause (3), the CEO is to give at least 72 hours notice, for the purposes of

section 5.5, in convening a special meeting of the Council. (3) Where, in the opinion of the Mayor/President or at least one-third of the Members, there is

a need to meet urgently, the CEO may give a lesser period of notice of a special Council meeting.

3.4 Calling committee meetings The CEO is to call a meeting of any committee when requested by the Mayor/President, the

Presiding Member of a committee or any two members of that committee.

3.5 Public notice of meetings Public notice of meetings is dealt with in the Regulations.

Part 4 – Presiding Member and quorum

Division 1: Who presides

4.1 Who presides

Who presides at a Council meeting is dealt with in the Act.

4.2 When the Deputy Mayor/Deputy President can act

When the Deputy Mayor/Deputy President can act is dealt with in the Act.

4.3 Who acts if no Mayor/President

Who acts if there is no Mayor/President is dealt with in the Act.

4.4 Election of Presiding Members of committees

The election of Presiding Members of committees and their deputies is dealt with in the Act.

4.5 Election of Deputy Presiding Members of committees

The election of Deputy Presiding Members of committees is dealt with in the Act.

4.6 Functions of Deputy Presiding Members

The functions of Deputy Presiding Members are dealt with in the Act.

4.7 Who acts if no Presiding Member

Who acts if no Presiding Member is dealt with in the Act.

Division 2 – Quorum

4.8 Quorum for meetings

The quorum for meetings is dealt with in the Act.

4.9 Reduction of quorum for Council meetings

The power of the Minister to reduce the number for a quorum and certain majorities is dealt with

in the Act.

4.10 Reduction of quorum for committee meetings

The reduction of a quorum for committee meetings is dealt with in the Act.

4.11 Procedure where no quorum to begin a meeting

The procedure where there is no quorum to begin a meeting is dealt with in the Regulations.

4.12 Procedure where quorum not present during a meeting

If at any time during a meeting a quorum is not present, the Presiding Member is:

(a) immediately to suspend the proceedings of the meeting for a period of up to 15 minutes;

and

(b) if a quorum is not present at the expiry of that period, the Presiding Member is to adjourn

the meeting to some future time or date.

4.13 Names to be recorded

At any meeting:

(a) at which there is not a quorum present; or

(b) which is adjourned for want of a quorum,

the names of the Members then present are to be recorded in the minutes.

Part 5 - Business of a meeting

5.1 Business to be specified (1) No business is to be transacted at any ordinary meeting of the Council other than that

specified in the agenda, without the approval of the Presiding Member or the Council. (2) No business is to be transacted at a special meeting of the Council other than that given in

the notice as the purpose of the meeting. (3) Subject to subclause (4), no business is to be transacted at an adjourned meeting of the

Council other than that : (a) specified in the notice of the meeting which had been adjourned; and (b) which remains unresolved.

(4) Where a meeting is adjourned to the next ordinary meeting of the Council then, unless the

Council resolves otherwise, the business unresolved at the adjourned meeting is to be dealt with before considering Reports (Item 10) at that ordinary meeting.

5.2 Order of business (1) The order of Business of an Ordinary Meeting of the Council shall be determined by the

local government from time to time (2) Unless otherwise decided by the Council, the order of business at any special meeting of

the Council is to be the order in which that business stands in the agenda of the meeting. (3) In determining the order of business for any meeting of the Council, the provisions of the

Act and Regulations relating to the time at which public question time is to be held are to be observed. [See section 5.24 of the Act; and regulations 6 & 7 of the Regulations]

5.3 Motions of which previous notice has been given (1) Unless the Act, Regulations or these Local Laws otherwise provide, a Member may raise

at a meeting such business as he or she considers appropriate, in the form of a motion, of which notice has been given in writing to the CEO and which has been included on the agenda.

(2) A notice of motion under subclause (1) is to be given at least 14 clear working days before the meeting at which the motion is moved.

(3) A notice of motion is to relate to the good governance of the district. (4) The CEO -

(a) may, with the concurrence of the Mayor/President, may exclude from the notice paper any notice of motion deemed to be, or likely to involve, a breach of any of these Local Laws or any other written law;

(b) will inform Members on each occasion that a notice has been excluded and the reasons for that exclusion;

(c) may, after consultation with the Member where this is practicable, make such amendments to the form but not the substance as will bring the notice of motion into due form; and

(d) may provide to the Council relevant and material facts and circumstances pertaining to the notice of motion on such matters as policy, budget and law.

(5) A motion of which notice has been given is to lapse unless:

(a) the Member who gave notice of it, or some other Member authorised by the originating Member in writing, moves the motion when called on; or

(b) the Council on a motion agrees to defer consideration of the motion to a later stage or date.

(6) If a notice of motion is given and lapses under subclause (5), notice of a motion in the

same terms or to the same effect is not to be given again for at least 3 months from the date of such lapse.

5.4 New business of an urgent nature (1) In cases of extreme urgency or other special circumstances, matters may, on a motion by

the Presiding Member that is carried by the meeting, be raised without notice and decided by the meeting.

(2) In subclause (1), 'cases of extreme urgency or other special circumstances' means matters

that have arisen after the preparation of the agenda that are considered by the Presiding Member to be of such importance and urgency that they are unable to be dealt with administratively by the Local Government and must be considered and dealt with by the Council before the next meeting.

5.5 Motions Without Notice by Absolute Majority of Council A motion moved without notice, shall be worded so as to refer to a particular matter for investigation

and report to a Committee for consideration of the Council at a later date.

5.6 Adoption by exception resolution

(1) In this clause 'adoption by exception resolution' means a resolution of the Council that has the

effect of adopting, for a number of specifically identified reports, the officer recommendation

as the Council resolution.

(2) Subject to subclause (3), the Local Government may pass an adoption by exception resolution.

(3) An adoption by exception resolution may not be used for a matter:

(a) that requires a 75% majority or a special majority; (b) in which an interest has been disclosed; (c) that has been the subject of a petition or deputation; (d) that is a matter on which a Member wishes to make a statement; or (e) that is a matter on which a Member wishes to move a motion that is different to

the recommendation.

Part 6 - Public participation

6.1 Meetings generally open to the public

Meetings being generally open to the public is dealt with in the Act.

6.2 Meetings not open to the public

(1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to

members of the public.

(2) The Council or a committee, in one or more of the circumstances dealt with in the Act,

may at any time, by resolution, decide to close a meeting or part of a meeting.

(3) If a resolution under subclause (2) is carried:

(a) the Presiding Member is to direct everyone to leave the meeting except:

(i) the Members;

(ii) the CEO; and

(iii) any Officer specified by the Presiding Member; and

(b) the meeting is to be closed to the public until, at the conclusion of the matter

justifying the closure of the meeting to the public, the Council or the committee,

by resolution, decides otherwise.

(4) A person who fails to comply with a direction under subclause (3)(a) may, by order of the

Presiding Member, be removed from the meeting.

(5) While the resolution under subclause (2) remains in force, the operation of clause 8.9 is to

be suspended until the Council or the committee, by resolution, decides otherwise.

(6) A resolution under this clause may be made without notice.

(7) Unless the Council resolves otherwise, once the meeting is reopened to members of the

public, the Presiding Member is to ensure that any resolution of the Council made while

the meeting was closed is to be read out including a vote of a Member to be included in

the minutes.

6.3 Question time for the public

Question time for the public is dealt with in the Act.

6.4 Question time for the public at certain meetings

Question time for the public at certain meetings is dealt with in the Regulations.

6.5 Minimum question time for the public

Minimum question time for the public is dealt with in the Regulations.

6.6 Procedures for question time for the public

Procedures for question time for the public are dealt with in the Regulations.

6.7 Other procedures for question time for the public (1) A member of the public who raises a question during question time, is to state his or her

name and address. (2) A question may be taken on notice by the Council for later response. (3) When a question is taken on notice the CEO is to ensure that:

(a) a response is given to the member of the public in writing; and (b) a summary of the response is included in the agenda of the next meeting of the

Council. (4) Where a question relating to a matter in which a relevant person has an interest is directed

to the relevant person, the relevant person is to: (a) declare that he or she has an interest in the matter; and (b) allow another person to respond to the question.

(5) Each member of the public with a question is entitled to ask up to 2 questions before other members of the public will be invited to ask their questions.

(6) Where a member of the public provides written questions then the Presiding Member may

elect for the questions to be responded to as normal business correspondence.

(7) The Presiding Member may decide that a public question shall not be responded to where: (a) the same or similar question was asked at a previous meeting, a response was

provided and the member of the public is directed to the minutes of the meeting at which the response was provided;

(b) the member of the public uses public question time to make a statement, provided

that the Presiding Member has taken all reasonable steps to assist the member of the

public to phrase the statement as a question; or

(c) the member of the public asks a question that is offensive or defamatory in nature,

provided that the Presiding Member has taken all reasonable steps to assist the

member of the public to phrase the question in a manner that is not offensive or

defamatory. (8) A member of the public shall have two minutes to submit a question. (9) The Council, by resolution, may agree to extend public question time. (10) Where an answer to a question is given at a meeting, a summary of the question and the

answer is to be included in the minutes.

6.8 Distinguished visitors

If a distinguished visitor is present at a meeting of the Council, the Presiding Member may

acknowledge the presence of the distinguished visitor at an appropriate time during the meeting,

and the presence of that visitor shall be recorded in the minutes.

6.9 Deputations (1) Any person or group wishing to be received as a deputation by the Council is to either :

(a) apply, before the meeting, to the CEO for approval; or (b) with the approval of the Presiding Member, at the meeting, address the Council.

(2) The CEO may either:

(a) approve the request and invite the deputation to attend a meeting of the Council; or

(b) refer the request to the Council to decide by simple majority whether or not to receive the deputation.

(3) Unless the council resolves otherwise, a deputation invited to attend a Council meeting:

(a) is not to exceed 5 persons, only 2 of whom may address the Council, although others may respond to specific questions from Members;

(b) is not to address the Council for a period exceeding 10 minutes without the agreement of the Council; and,

(c) an extension of time and the increase in number of speaking members of the deputation may be allowed with the leave of the Presiding Member.

(4) Any matter which is the subject of a deputation to the Council is not to be decided by the

Council until the deputation has completed its presentation.

6.10 Petitions (1) A petition is to -

(a) be addressed to the Mayor/President; (b) be made by electors of the district; (c) state the request on each page of the petition; (d) contain the name, address and signature of each elector making the request, and

the date each elector signed; (e) contain a summary of the reasons for the request; and

(f) state the name of the person to whom, and an address at which, notice to the petitioners can be given.

(2) Upon receiving a petition, the Local Government is to submit the petition to the relevant

officer to be included in his or her deliberations and report on the matter that is the subject of the petition, subject to subclause(3).

(3) At any meeting, the Council is not to vote on any matter that is the subject of a petition

presented to that meeting, unless: (a) the matter is the subject of a report included in the agenda; and (b) the Council has considered the issues raised in the petition.

6.11 Presentations

(1) In this clause, a ―presentation‖ means the acceptance of a gift or an award by the Council

on behalf of the Local Government or the community.

(2) A presentation may be made to the Council at a meeting only with the prior approval of

the CEO.

6.12 Participation at committee meetings

(1) In this clause a reference to a person is to a person who:

(a) is entitled to attend a committee meeting;

(b) attends a committee meeting; and

(c) is not a member of that committee.

(2) Without the consent of the Presiding Member, no person is to address a committee

meeting.

(3) The Presiding Member of a committee may allow a person to make an oral submission to

the committee for up to 3 minutes.

(4) A person addressing the committee with the consent of the Presiding Member is to cease

that address immediately after being directed to do so by the Presiding Member.

(5) A person who fails to comply with a direction of the Presiding Member under subclause

(4) may, by order of the Presiding Member, be removed from the committee room.

(6) The Council may make a policy dealing with the circumstances in which a person may be

given consent to address a committee meeting.

6.13 Council may meet to hear public submissions

(1) Where an item on the agenda at a Council meeting is contentious and is likely be the

subject of a number of deputations, the Council may resolve to meet at another time to

provide a greater opportunity to be heard.

(2) The CEO and the Mayor/President shall set the time and date of the meeting to provide

the opportunity to be heard.

(3) Where the Council resolves to meet to provide the opportunity to be heard under

subclause (1), the Presiding Member shall:

(a) instruct the CEO to provide local public notice of the time and date when the

Council will meet to provide an opportunity to be heard;

(b) provide a written invitation to attend the meeting to provide the opportunity to be

heard to all members of the public who have applied under clause 6.9 to make a

deputation on the issue; and

(c) cause minutes to be kept of the meeting to provide the opportunity to be heard.

(4) A meeting held under subclause (1) shall be conducted only to hear submissions. The

council shall not make resolutions at a meeting to provide the opportunity to be heard.

(5) At a meeting held under subclause (1), each person making a submission shall be

provided with the opportunity to fully state his or her case.

(6) A member of the public shall be limited to 10 minutes in making an oral submission, but

this period may be extended at the discretion of the Presiding Member.

(7) Once every member of the public has had the opportunity to make a submission the

Presiding Member is to close the meeting.

(8) The CEO is to ensure that a report is included on the agenda of the next Council meeting

summarising each submission made at the meeting.

(9) The Council must not resolve on the matter that is the subject of a meeting to provide the

opportunity to be heard until it has received the CEO’s report under subclause (8).

6.14 Public Inspection of agenda materials

The right of the public to inspect the documents referred to, and in accordance with, regulation 14

of the Regulations may be exercised on the Shire’s website and on the Local Government’s

website.

6.15 Confidentiality of information withheld (1) Information withheld by the CEO from the public under regulation 14(2) of the Regulations

is to be: (a) identified in the agenda of a Council meeting under the item ―Matters for which

meeting may be closed‖; (b) marked ―Confidential‖ in the agenda; and (c) kept confidential by Officers and Members until the Council resolves otherwise.

(2) A member or an officer in receipt of confidential information under subclause (1) or

information that is provided or disclosed during a meeting or part of a meeting that is closed to the public is not to disclose any of that information to any person other than another member or an officer to the extent necessary for the purpose of carrying out his or her duties.

(3) Subclause (2) does not apply where a member or officer discloses the information to his or her lawyer or government officer for the purpose of seeking advice in order to lawfully fulfil his or her role and responsibilities.

6.16 Recording of proceedings

A person is not to use any electronic, visual or vocal recording device or instrument to record the

proceedings of the Council without the permission of the Presiding Member.

6.17 Prevention of disturbance (1) A reference in this clause to a person is to a person other than a member. (2) A person addressing the Council shall extend due courtesy and respect to the Council and

the processes under which it operates and shall comply with any direction by the Presiding Member.

(3) A person observing a meeting shall not create a disturbance at a meeting, by interrupting or interfering with the proceedings, whether by expressing approval or dissent, by conversing or by any other means.

(4) A person shall ensure that his or her mobile telephone or audible pager is not switched on or used during any meeting of the Council.

(5) A person shall not behave in a manner that is contrary to section 75 of the Criminal Code.

Part 7 - Questions by Members

(1) Members may ask questions relating to an item on the notice paper or on matters related to the

good government of persons in the district.

(2) A Member requesting general information from an Officer at a Council meeting may ask

a question without notice and with the consent of the Presiding Member, may ask one or more

further questions of that Officer or another Officer present at the meeting.

(3) Where possible the Officer shall endeavour to answer the question to the best of his or her

knowledge and ability, however, if the information is unavailable or the answer requires research

or investigation, the Officer may ask that -

(i) the question be placed on notice for the next meeting of Council; and

(ii) the answer to the question be given to the Member who asked it within 14 days.

(4) Every question and answer -

(i) is to be brief and concise; and

(ii) is not to be accompanied by argument, expression of opinion or statement of

facts, except to the extent necessary to explain the question or answer.

(5) In answering any question, an Officer may qualify his or her answer and may at a later time in the

meeting or at a subsequent meeting alter, correct, add to or otherwise amend the original answer.

Part 8 – Conduct of Members

8.1 Members to be in their proper places

(1) Each Member is to occupy his or her allotted, by the CEO, position at each Council

meeting.

8.2 Respect to the Presiding Member After the business of a Council has been commenced, a Member is not to enter or leave the meeting without first paying due respect to the Presiding Member.

8.3 Titles to be used A speaker, when referring to the Mayor/President, Deputy Mayor/Deputy President or Presiding Member, or a Member or Officer, is to use the title of that person's office.

8.4 Advice of entry or departure A Member is not to enter or leave the meeting without first advising the Presiding Member, in order to facilitate the recording in the minutes of the time or entry or departure.

8.5 Members to indicate their intention to speak

A Member of the Council who wishes to speak is to indicate his or her intention to speak by

raising his or her hand or by another method agreed by the Council.

8.6 Priority of speaking (1) Where two or more Members indicate, at the same time, their intention to speak, the

Presiding Member is to decide which Member is entitled to be heard first. (2) A decision of the Presiding Member under subclause (1) is not open to discussion or

dissent. (3) A Member is to cease speaking immediately after being asked to do so by the Presiding

Member.

8.7 Presiding Member may take part in debates

The Presiding Member may take part in a discussion of any matter before the Council, subject to

compliance with these Local Laws.

8.8 Relevance (1) A Member is to restrict his or her remarks to the motion or amendment under discussion,

or to a personal explanation or point of order. (2) The Presiding Member, at any time, may:

(a) call the attention of the meeting to:

(i) any irrelevant, repetitious, offensive or insulting language by a Member;

or

(ii) any breach of order or decorum by a Member; and

(b) direct that Member, if speaking, to discontinue his or her speech.

(3) A Member is to comply with the direction of the Presiding Member under subclause (2)

by immediately ceasing to speak.

8.9 Speaking twice A Member is not to address the Council more than once on any motion or amendment except: (a) as the mover of a substantive motion, to exercise a right of reply; (b) to raise a point of order; or (c) to make a personal explanation.

8.10 Duration of speeches (1) A Member is not to speak on any matter for more than 5 minutes without the consent of the

Council which, if given, is to be given without debate. (2) An extension under this clause cannot be given to allow a Member's total speaking time to

exceed 10 minutes.

8.11 No speaking after conclusion of debate

A Member is not to speak on any motion or amendment:

(a) after the mover has replied; or

(b) after the question has been put.

8.12 No interruption

A Member is not to interrupt another Member who is speaking unless:

(a) to raise a point of order;

(b) to call attention to the absence of a quorum;

(c) to make a personal explanation under clause 8.13; or

(d) to move a procedural motion that the Member be no longer heard (see clause 11(1)(e) .

8.13 Personal explanations (1) A Member who wishes to make a personal explanation relating to a matter referred to by

another Member who is then speaking is to indicate to the Presiding Member his or her intention to make a personal explanation.

(2) The Presiding Member is to determine whether the personal explanation is to be heard immediately or at the conclusion of the speech by the other Member.

(3) A Member making a personal explanation is to confine his or her observations to a succinct statement relating to a specific part of the speech at which he or she may have been misunderstood.

8.14 No reopening of discussion

A Member is not to reopen discussion on any Council decision, except to move that the decision

be revoked or changed (see Part 16).

8.15 Adverse reflection (1) A Member is not to reflect adversely on a decision of the Council except on a motion that

the decision be revoked or changed (see Part 16). (2) A Member is not:

(a) to reflect adversely on the character or actions of another Member or Officer; or (b) to impute any motive to a Member or Officer, unless the meeting resolves, without debate, that the question then before the meeting cannot otherwise be adequately considered.

(3) A Member is not to use offensive or objectionable expressions in reference to any Member, Officer or other person.

(4) If a Member specifically requests, immediately after their use, that any particular words used by a Member be recorded in the minutes: (a) the Presiding Member is to cause the words used to be taken down and read to

the meeting for verification; and (b) the Council may, by resolution, decide to record those words in the minutes.

8.16 Withdrawal of offensive language (1) A Member who, in the opinion of the Presiding Member, uses an expression which:

(a) in the absence of a resolution under clause 8.15:

(i) reflects adversely on the character or actions of another Member or Officer; or

(ii) imputes any motive to a Member or Officer; or (b) is offensive or insulting, must, when directed by the Presiding Member, withdraw the expression and make a satisfactory apology.

(2) If a Member fails to comply with a direction of the Presiding Member under subclause (1), the Presiding Member may refuse to hear the Member further on the matter then under discussion and call on the next speaker.

Part 9 - Preserving order

9.1 Presiding Member to preserve order (1) The Presiding Member is to preserve order, and, whenever he or she considers necessary,

may call any Member to order. (2) When the Presiding Member speaks during a debate, any Member then speaking, or

indicating that he or she wishes to speak, is to preserve strict silence so that the Presiding Member may be heard without interruption.

(3) Subclause (2) is not to be used by the Presiding Member to exercise the right provided in clause 8.7, but to preserve order.

9.2 Point of order (1) A Member may object, by way of a point of order, only to a breach of:

(a) any of these Local Laws; or (b) any other written law.

(2) Despite anything in these Local Laws to the contrary, a point of order: (a) takes precedence over any discussion; and

(b) until determined, suspends the consideration or discussion of any other matter.

9.3 Procedures on a point of order (1) A Member who is addressing the Presiding Member is not to be interrupted except on a

point of order. (2) A Member interrupted on a point of order is to resume his or her seat until:

(a) the Member raising the point of order has been heard; and (b) the Presiding Member has ruled on the point of order, and, if permitted, the Member who has been interrupted may then proceed.

9.4 Calling attention to breach A Member may, at any time, draw the attention of the Presiding Member to any breach of these Local Laws.

9.5 Ruling by the Presiding Member (1) The Presiding Member is to rule on any point of order which is raised by either upholding

or rejecting the point of order. (2) A ruling by the Presiding Member on a point of order: (a) is not to be the subject of debate or comment; and

(b) is to be final unless the majority of Members then present and voting, on a motion moved immediately after the ruling, dissent from the ruling.

(3) Subject to a motion of dissent being carried under subclause (2), if the Presiding Member rules that:

(a) any motion, amendment or other matter before the meeting is out of order, it is not to be considered further; and

(b) a statement made or act done by a Member is out of order, the Presiding Member may require the Member to make an explanation, retraction or apology.

9.6 Continued breach of order

If a Member:

(a) persists in any conduct that the Presiding Member had ruled is out of order; or

(b) refuses to make an explanation, retraction or apology required by the Presiding Member

under clause 9.5(3),

the Presiding Member may direct the Member to refrain from taking any further part in that

meeting, other than by voting, and the Member is to comply with that direction.

9.7 Right of Presiding Member to adjourn (1) For the purpose of preserving or regaining order, the Presiding Member may adjourn the

meeting for a period of up to 15 minutes. (2) On resumption, the debate is to continue at the point at which the meeting was adjourned. (3) If, at any one meeting, the Presiding Member adjourns the meeting more than once for the

purpose of preserving or regaining order, the second or subsequent adjournment may be to a later time on the same day or to another day.

Part 10 - Debate of substantive motions

10.1 Motions to be stated and in writing

Any Member who wishes to move a substantive motion or an amendment to a substantive motion: (a) is to state the substance of the motion before speaking to it; and (b) if required by the Presiding Member, is to put the motion or amendment in writing. (c) for complex amendments they must be in writing,

10.2 Motions to be supported

(1) A substantive motion or an amendment to a substantive motion is not open to debate until

it has been seconded.

(2) A motion to revoke or change a decision made at a Council meeting is not open to debate

unless the motion has the support required under regulation 10 of the Regulations.

10.3 Unopposed business (1) Immediately after a substantive motion has been moved and seconded, the Presiding

Member may ask the meeting if any Member opposes it. (2) If no Member opposes the motion, the Presiding Member may declare it carried without

debate and without taking a vote. (3) A motion declared carried under this clause is to be recorded in the minutes as a unanimous

decision of the Council. (4) If a Member opposes a motion, the motion is to be dealt with under this Part. (5) This clause does not apply to a motion to revoke or change a decision which has been made

at a Council meeting (see Part 16).

10.4 Only one substantive motion at a time When a substantive motion is under debate at a meeting of the Council, no further substantive motion is to be accepted. The Council is not to consider more than one substantive motion at any time.

10.5 Order of call in debate The Presiding Member is to call speakers to a substantive motion in the following order: (a) the mover to state the motion; (b) a seconder to the motion; (c) the mover to speak to the motion; (d) the seconder to speak to the motion; (e) a speaker against the motion; (f) a speaker for the motion; (g) other speakers against and for the motion, alternating where possible; and (h) mover takes right of reply which closes debate.

10.6 Limit of debate The Presiding Member may offer the right of reply and put a substantive motion to the vote if he or she believes that sufficient discussion has taken place even though all Members may not have spoken.

10.7 Member may require question to be read A Member may require the question or matter under discussion to be read at any time during a debate, but not so as to interrupt any other Member who is speaking.

10.8 Consent of seconder required for alteration The mover of a substantive motion may not alter the wording of the motion without the consent of the seconder.

10.9 Order of amendments Any number of amendments may be proposed to a substantive motion, but when an amendment is moved to a substantive motion, no second or subsequent amendment is to be moved or considered until the first amendment has been withdrawn, carried or lost.

10.10 Form of an amendment

An amendment must add, delete, or substitute words to the substantive motion.

10.11 Amendment must not negate original motion An amendment to a substantive motion cannot negate the original motion or the intent of the original motion.

10.12 Relevance of amendments Each amendment is to be relevant to the motion in respect of which it is moved.

10.13 Mover of motion may speak on amendment

Any Member may speak during debate on an amendment in reference to the order set out in 10.5.

10.14 Effect of an amendment If an amendment to a substantive motion is carried, the motion as amended then becomes the substantive motion, on which any Member may speak and any further amendment may be moved.

10.15 Withdrawal of motion or amendment

(1) Subject to subclause (2), the Council may, without debate, grant leave to withdraw a

motion or amendment on the request of the mover of the motion or amendment and with

the approval of the seconder.

(2) Where an amendment has been proposed to a substantive motion, the substantive motion

is not to be withdrawn, except by consent of the majority of Members present, until the

amendment proposed has been withdrawn or lost.

10.16 Right of reply (1) The mover of a substantive motion has the right of reply. (2) The mover of any amendment to a substantive motion has a right of reply. (3) The right of the reply may only be exercised:

(a) where no amendment is moved to the substantive motion – at the conclusion of the discussion on the motion; or

(b) where one or more amendments have been moved to the substantive motion – at the conclusion of the discussion on the substantive motion and any amendments.

(4) After the mover of the substantive motion has commenced the reply:

(a) no other Member is to speak on the question; (b) there is to be no further discussion on, or any further amendment to, the motion.

(5) The right of the reply is to be confined to rebutting arguments raised by previous speakers and no new matter is to be introduced.

(6) At the conclusion of the right of reply, the substantive motion, or the substantive motion

as amended, is immediately to be put to the vote.

Part 11 - Procedural motions

11.1 Permissible procedural motions In addition to the right to move an amendment to a substantive motion (under Part 10), a Member may move the following procedural motions: (a) that the meeting proceed to the next item of business; (b) that the debate be adjourned; (c) that the meeting now adjourn; (d) that the question be now put; (e) that the Member be no longer heard; (f) that the ruling of the Presiding Member be disagreed with; (g) that the meeting be closed to the public (see clause 6.2).

11.2 No debate

(1) The mover of a motion specified in paragraph (a), (b), (c), (f) or (g) of clause 11.1 may

speak to the motion for not more than five minutes, the seconder is not to speak other than

to formally second the motion, and there is to be no debate on the motion.

(2) The mover of a motion specified in paragraph (d) or (e) of clause 11.1 may not speak to

the motion, the seconder is not to speak other than to formally second the motion, and

there is to be no debate on the motion.

11.3 Who may move

No person who has moved, seconded, or spoken for or against the substantive motion, or any

amendment to the substantive motion, may move any procedural motion which, if carried, would

close the debate on the substantive motion or amendment.

11.4 Procedural motions - right of reply on substantive motion The carrying of a procedural motion which closes debate on the substantive motion or amendment and forces a decision on the substantive motion or amendment does not deny the right of reply to the mover of the substantive motion.

11.5 Meeting to proceed to the next business

The motion ―that the meeting proceed to the next business‖, if carried, has the effect that:

(a) the debate on the substantive motion or amendment ceases immediately;

(b) no decision is made on the substantive motion;

(c) the Council moves to the next item of business; and

(d) there is no requirement for the matter to be raised again for consideration.

11.6 Debate to be adjourned

A motion ―that the debate be adjourned‖:

(a) is to state the time to which the debate is to be adjourned; and

(b) if carried, has the effect that all debate on the substantive motion or amendment ceases

immediately, but continues at the time stated in the motion.

11.7 Meeting now adjourn (1) A Member is not to move or second more than one motion of adjournment during the

same sitting of the Council. (2) Before putting the motion for the adjournment of the Council, the Presiding Member may

seek leave of the Council to deal first with matters that may be the subject of an adoption by exception resolution (see clause 5.5).

(3) A motion ―that the meeting now adjourn‖:

(a) is to state the time and date to which the meeting is to be adjourned; and (b) if carried, has the effect that the meeting is adjourned to the time and date

specified in the motion. (4) A meeting adjourned under subclause (3) is to continue from the point at which it was

adjourned, unless the Presiding Member or the Council determines otherwise.

11.8 Question to be put (1) If the motion ―that the question be now put‖, is carried during debate on a substantive

motion without amendment, the Presiding Member is to offer the right of reply and then put the motion to the vote without further debate.

(2) If the motion "that the question be now put" is carried during discussion of an amendment,

the Presiding Member is to put the amendment to the vote without further debate. (3) This motion, if lost, causes debate to continue.

11.9 Member to be no longer heard If the motion ―that the member be no longer heard‖, is carried, the speaker against whom the motion has been moved cannot speak further on the current substantive motion, or any amendment relating to it, except to exercise the right of reply if he or she is the mover of the substantive motion.

11.10 Ruling of the Presiding Member to be disagreed with

If the motion ―that the ruling of the Presiding Member be disagreed with‖, is carried, that ruling is

to have no effect and the meeting is to proceed accordingly.

Part 12 - Disclosure of interests

12.1 Disclosure of interests

Disclosure of interests is dealt with in the Act .

Part 13 - Voting

13.1 Question - when put (1) Immediately after the debate on any question is concluded and the right of reply has been

exercised, the Presiding Member - (a) is to put the question to the Council; and (b) if requested by any Member, is to again state the terms of the question.

(2) A Member is not to leave the meeting when the Presiding Member is putting any question.

13.2 Voting

Voting is dealt with in the Act and the Regulations.

13.3 Majorities required for decisions

The majorities required for decisions of the Council and committees are dealt with in the Act.

13.4 Method of taking vote

(1) In taking the vote on any motion or amendment the Presiding Member:

(a) is to put the question, first in the affirmative, and then in the negative;

(b) may put the question in this way as often as may be necessary to enable him or her to

determine whether the affirmative or the negative has the majority of votes;

(c) may accept a vote on the voices or may require a show of hands; and,

(d) is, subject to this clause, to declare the result. (2) If a Member calls for a show of hands, the result of the vote is to be determined on the

count of raised hands.

(3) If a member of council or a committee specifically requests that there be recorded - (a) his or her vote; or, (b) the vote of all members present, on a matter voted on at a meeting of the council or committee, the person presiding is to

cause the vote or votes, as the case may be, to be recorded in the minutes. (4) If a Member calls for a division: (a) those voting in the affirmative are to pass to the right of the Chair; and (b) those voting in the negative are to pass to the left of the Chair. (5) For every division, the CEO is to record: (a) the name of each member who voted; and (b) whether he or she voted in the affirmative or negative.

Part 14 – Minutes of meetings

14.1 Keeping of minutes The keeping and confirmation of minutes are dealt with in the Act.

14.2 Content of minutes (1) The content of minutes is dealt with in the Regulations. (2) In addition to the matters required by regulation 11, the minutes of a Council meeting is to

include, where an application for approval is refused or the authorisation of a licence, permit or certificate is withheld or cancelled, the reasons for the decision.

14.3 Public inspection of unconfirmed minutes The public inspection of unconfirmed minutes is dealt with in the Regulations.

14.4 Confirmation of minutes (1) When minutes of an ordinary meeting of the Council are distributed for consideration prior to

their confirmation at the next meeting, if a Member is dissatisfied with the accuracy of the minutes, the Member may provide the Local Government with a written copy of the alternative wording to amend the minutes no later than 7 clear working days before the next ordinary meeting of the Council.

(2) At the next ordinary meeting of the Council, the Member who provided the alternative

wording shall, at the time for confirmation of minutes - (a) state the item or items with which he or she is dissatisfied; and

(b) propose a motion clearly outlining the alternative wording to amend the minutes. (3) Members must not discuss items of business contained in the minutes, other than discussion

as to their accuracy as a record of the proceedings.

Part 15 - Adjournment of meeting

15.1 Meeting may be adjourned The Council may adjourn any meeting: (a) to a later time on the same day; or (b) to any other time on any other day, including a time which coincides with the conclusion

of another meeting or event.

15.2 Effect of adjournment

Where any matter, motion, debate or meeting is adjourned under these Local Laws:

(a) the names of Members who have spoken on the matter prior to the adjournment are to be

recorded in the minutes;

(b) debate is to be resumed at the next meeting at the point where it was interrupted; and

(c) the provisions of clause 8.9 [speaking twice] apply when the debate is resumed.

Part 16 – Revoking or changing decisions

16.1 Requirements to revoke or change decisions

The requirements to revoke or change a decision made at a meeting are dealt with in regulation 10

of the Regulations.

16.2 Limitations on powers to revoke or change decisions

(1) Subject to subclause (2), the Council or a committee is not to consider a motion to revoke

or change a decision:

(a) where, at the time the motion is moved or notice is given, any action has been

taken under clause 16.3 to implement the decision; or

(b) where the decision is procedural in its form or effect.

(2) The Council or a committee may consider a motion to revoke or change a decision of the

kind described in subclause (1)(a) if the motion is accompanied by a written statement of

the legal and financial consequences of carrying the motion.

16.3 Implementing a decision (1) In this clause:

(a) "authorisation" means a licence, permit, approval or other means of authorising a person to do anything;

(b) "implement", in relation to a decision, includes: (i) communicate notice of the decision to a person affected by, or with an

interest in, the decision; and (ii) take any other action to give effect to the decision; and

(c) "valid notice of revocation motion" means a notice of motion to revoke or change a decision that complies with the requirements of the Act, Regulations and the Local Laws and may be considered, but has not yet been considered, by the Council or a committee as the case may be.

(2) Subject to subclause (4), and unless a resolution is made under subclause (3), a decision

made at a meeting is not to be implemented by the CEO or any other person until the afternoon of the first business day after the commencement of the meeting at which the decision was made.

(3) The Council or a committee may, by resolution carried at the same meeting at which a

decision was made, direct the CEO or another person to take immediate action to implement the decision.

(4) A decision made at a meeting is not to be implemented by the CEO or any other person:

(a) if, before commencing any implementation action, the CEO or that person is given a valid notice of revocation motion; and

(b) unless and until the valid notice of revocation motion has been determined by the Council or the committee as the case may be.

(5) The CEO is to ensure that members of the public attending the meeting are informed by

an appropriate notice that a decision to grant an authorisation: (a) is to take effect only in accordance with this clause; and (b) cannot be acted upon by the person who has been granted the authorisation unless

and until the decision has been implemented in accordance with this clause.

Part 17 - Suspension of Local Laws

17.1 Suspension of Local Laws (1) A Member may at any time move that the operation of one or more of the provisions of

these Local Laws be suspended.

(2) A Member moving a motion under subclause (1) is to state the reasons for the motion but no other discussion is to take place.

(3) A motion under subclause (1) which is:

(a) seconded; and (b) carried by an absolute majority, is to suspend the operation of the clause or clauses to which the motion relates for the duration of the meeting, unless the meeting earlier resolves otherwise.

17.2 Where Local Laws do not apply (1) In situations where: (a) one or more provisions of these Local Laws have been suspended;

or (b) a matter is not regulated by the Act, the Regulations or these Standing

Orders, the Presiding Member is to decide questions relating to the conduct of the meeting. (2) The decision of the Presiding Member under subclause (1) is final, except where a motion

is moved and carried under clause 11.10.

17.3 Cases not provided for in Local Laws The Presiding Member is to decide questions of order, procedure, debate, or otherwise in cases where these Local Laws, the Act or the Regulations are silent. The decision of the Presiding Member in these cases is final, except where a motion is moved and carried under clause 11.10.

Part 18 - Meetings of electors

18.1 Electors' general meetings

Electors' general meetings are dealt with in the Act.

18.2 Matters for discussion at electors' general meetings

The matters to be discussed at electors' general meetings are dealt with in the Regulations.

18.3 Electors' special meetings

Electors' special meetings are dealt with in the Act.

18.4 Requests for electors' special meetings

Requests for electors' special meetings are dealt with in the Regulations.

18.5 Convening electors' meetings

Convening electors' meetings is dealt with in the Act.

18.6 Who presides at electors' meetings

Who presides at electors' meetings is dealt with in the Act.

18.7 Procedure for electors' meetings

(1) The procedure for electors' meetings is dealt with in the Act and the Regulations.

(2) In exercising his or her discretion to determine the procedure to be followed at an

electors' meeting, the Presiding Member is to have regard to these Local Laws.

18.8 Participation of non-electors

A person who is not an elector of the Local Government shall not take part in any discussion at an

electors' meeting unless the meeting, by resolution, permits the person do so.

18.9 Voting at electors' meetings

Voting at electors' meetings is dealt with in the Regulations.

18.10 Minutes of electors' meetings

Minutes of electors' meetings are dealt with in the Act.

18.11 Decisions made at electors' meetings

Decisions made at electors' meetings are dealt with in the Act.

Part 19 - Enforcement

19.1 Penalty for breach

A person who breaches a provision of these Local Laws commits an offence.

Penalty: $5,000.00 and a daily penalty of $500.00.

19.2 Who can prosecute

Who can prosecute is dealt with in the Act.

The Common Seal of the Shire of Ashburton was affixed by authority of a resolution of the Council in the

presence of —



GOVERNMENT GAZETTE, WA 30253 June 1998]


PERTH, WEDNESDAY, 3 JUNE 1998 No. 110


SPECIAL


SHIRE OF ASHBURTON


LOCAL LAW RELATING TO THE MANAGEMENT ANDCONTROL OF PUBLIC SWIMMING POOLS

LOCAL LAW RELATING TO THE CONTROL OF CATS

DOG ACT 1976

LOCAL LAW RELATING TO DOGS

jbrayford

Typewritten Text

ATTACHMENT 11.3A

GOVERNMENT GAZETTE, WA [3 June 19983026



SHIRE OF ASHBURTON


TABLE OF CONTENTS

PART 1—PRELIMINARY MATTERS1. Citation2. Application3. Commencement4. Repeal of Previous Local Law5. Content and Intent6. Interpretations

PART 2—CONDUCT OF PATRONS7. Conditions of Use8. Special Provisions for Guide Dogs9. Control of Premises

10. Valuables11. Lost Property12. Carnivals

PART 3—ADMISSION TO POOL13. Hours of Admission14. Age of Admission

PART 4—MISCELLANEOUS15. Fees and Charges16. Persons Maybe Removed17. Objection and Appeal Rights



SHIRE OF ASHBURTON


In pursuance of the powers conferred upon it by the above mentioned Act, and all powers enabling it,the Council of the Shire of Ashburton hereby records having resolved on the 19 May 1998 to make thefollowing local law.

PART 1—PRELIMINARY

1. CitationThis local law shall be cited as the Shire of Ashburton “Local Law Relating to the Management andControl of Public Swimming Pools”.

2. ApplicationThis local law shall apply to the Vic Hayton Memorial Pool, Tom Price and the Paraburdoo SwimmingPool, Paraburdoo.


4. Repeal of Previous Local LawThe Shire of Ashburton’s “Local Law Relating to the Management and Control of the Vic HaytonMemorial Swimming Pool, Tom Price and the Paraburdoo Swimming Pool” published in theGovernment Gazette on 28 September 1984 and all other Local Laws relating to public swimming poolsare hereby repealed.

5. Content and IntentThis local law provides for rules and guidelines for the management and control of the Vic HaytonMemorial Pool in Tom Price and the Paraburdoo Swimming Pool in Paraburdoo.

6. Interpretation(1) In this local law, unless the context otherwise requires—

“Act” means the Local Government Act 1995.

“adult” means any person aged eighteen (18) years and over.

“attendant” means an employee of the local government performing duties in connection with thepool.

“child” means any person under the age of eighteen (18) years.

“local government” means the local government of the Shire of Ashburton

“manager” means the person appointed by the local government to have control of and manage thepool, and the parking area and other surrounds of the pool, or other person who, for the timebeing is acting in that capacity.

“pool premises” means the Vic Hayton Memorial Swimming Pool, Tom Price and the ParaburdooSwimming Pool, Paraburdoo and shall include all fencing, parking areas, turnstiles, dressingrooms, shower recesses, spectators’ stands, seating, ablution facilities, and all other struc-tures erected and facilities provided for use and convenience of persons using the pool.

“season” means the period of the consecutive months in which the pool is open to the public andagreed upon from time to time by the local government.

(2) Unless otherwise defined herein the terms and expressions used in the local law shall have thesame meaning given to them in the Act.

(3) Where a term is not defined in this local law, the Act or regulations, the terminology is to be takenfrom the Oxford Dictionary.


PART 2—CONDUCT OF PATRONS

7. Conditions of UseNo person shall —

(a) enter any portion of the pool premises set apart exclusively for the opposite sex except a personunder the age of five (5) years or younger who are bona fide accompanying their parent orguardian or other responsible person delegated by their parent or guardian over the age ofeighteen years;

(b) enter or attempt to enter any cubicle, shower dressing area or other compartment which isalready occupied;

(c) in any way interfere with any other person in the pool premises or with another person’s usethereof nor throw or push, or attempt to throw or push another person in any pool area orthrow any stones, sticks or any other matter or thing to the annoyance of another person usingthe pool premises;

(d) play a ball game except with the consent of the manager or attendant or do anything which inany way limits the enjoyment of the users of the pool premises, but nothing herein containedapplies to the playing of any games or aquatic sports organised and conducted in the poolpremises by a club, association, organisation or other person at times and in a manner ap-proved by the manager;

(e) permit an animal to enter or remain in or about the pool premises.(f) obstruct the Manager or attendant in carrying out their duties;(g) enter or depart from any part of the pool premises except by means of the respective entrances

or exits set apart for that purpose;(h) appear in public unless properly attired in clothing or a costume of such nature as to preserve

public decency and to cover the body so as to prevent indecent exposure of the person;(i) enter or be in the pool premises whilst in an intoxicated condition induced by alcohol or any

illegal substance;(j) take into the pool premises, or have possession of intoxicating liquor or any illegal substance;

(k) take into the pool premises, or have in possession any glass or metal container, unless withprior consent of the manager or attendant;

(l) use soap or shampoo or detergent in any part of the pool premises other than in a dressingroom or shower recess;

(m) climb up or upon a roof, fence, wall, partition of the pool premises;(n) in any part of the pool premises behave in an unseemly, improper, disorderly, riotous or inde-

cent manner or swear or use indecent, obscene, offensive or abusive language or gamble or actin a manner which is offensive;

(o) bring onto or deposit in any part of the pool premises any refuse or rubbish except in recepta-cles set aside for that purpose;

(p) consume food stuffs or drinks in any specific area in which consumption is prohibited;(q) wastefully use water or leave any taps flowing in the dressing rooms or elsewhere in the pool

premises;(r) expectorate or spit in or on any part of the pool premises or in any way commit any nuisance on

or in part of the pool premises;(s) use a substance or preparation whereby the water of any swimming pool may become discol-

oured or rendered turbid or otherwise unfit for the proper use of bathers;(t) foul or pollute the water in a shower, bath or any swimming pool or soil, damage, injure,

destroy, use improperly, disfigure or write in or upon a dressing room closet, compartment orany other part of the pool premises or any furniture or other article of equipment therein;

(u) damage, break, injure, improperly use, interfere with or destroy any fitting, appliance, equip-ment or any other property of the local government in or about the pool premises;

(v) whilst suffering from any contagious, infectious or cutaneous disease, or whilst in an uncleancondition, enter or attempt to enter or use any swimming pool of the pool premises or any partthereof.

8. Special Provisions for Guide DogsNotwithstanding anything contained within this local law a person who is blind or deaf or partiallyblind or deaf—

(a) is entitled to be accompanied by a dog bona fide used by him or her as a guide dog in any partof the pool premises, excluding the actual pool; and

(b) is not guilty of an offence by reason only that he or she takes that dog or permits that dog toenter the pool premises.

9. Control of Premises(1) Every person using the pool premises shall obey all reasonable directions of the manager or

attendant.(2) The manager or attendant may temporarily suspend admittance to or clear the pool premises or

any part thereof of all or any person or persons if in his or her opinion such action is necessary ordesirable.


10. Valuables(1) Any person entering the pool may deposit valuables with the manager or attendant.(2) Under no circumstances will the local government accept liability should such valuables be lost,

stolen, damaged, destroyed or otherwise interfered with while in the custody of the manager or attend-ant.

11. Lost Property(1) Every person finding in the pool premises any article which may have been left or lost therein

shall immediately deliver the same to the manager or attendant who shall thereupon register a de-scription of such article and all particulars relating thereto.

(2) Any person claiming any such article and who satisfies the manager or attendant that he or sheis the lawful owner of the same shall have such article returned.

(3) The local government shall not under any circumstances incur any liability in respect of articleslost or left in the pool premises.

(4) All articles left at the pool and not claimed within a period of six calendar months shall bedisposed of by the local government in accordance with the Act.

12. Carnivals(1) Any person, club, association or organisation conducting any carnival held at the pool premises

shall be responsible for the conduct of the competitors and spectators during such carnivals.(2) Every club, person, association or organisation wishing to conduct any function apart from that

mentioned in (1) above shall submit written application to the local government who may set condi-tions having regard to the number of persons anticipated to attend the function, together with the typeand nature of the function.

PART 3—ADMISSION TO POOL

13. Hours of Admission(1) The pool shall be open for public use for such periods and at such times as the local government

may from time to time decide.(2) Such periods and such times shall be clearly displayed upon a notice board at the pool entrance

and by such other means determined by the local government.

14. Age of Admission(1) Subject to the conditional consent of the manager, children under the age of ten (10) years at or

entering the pool premises must be accompanied by an adult.(2) An adult shall be responsible for the supervision and safe conduct of the child or children up to

four (4) in number.

PART 4—MISCELLANEOUS

15. Fees and ChargesThe fees and charges in relation to this local law will be set in accordance with Part 6, Division 5, andSubdivision 2 of the Act.

16. Persons Maybe Removed(1) Any person who breaches any of the provisions of this local law or who shall permit any breach

thereof may be summarily removed from the pool by the manager or attendant, or may be arrested andgiven into custody of the police.

(2) The local government may issue a written direction to the manager that any person named insuch direction shall not be admitted to the pool premises and whilst such direction remains in force themanager shall not admit such person to the pool.17. Objection and Appeal RightsWhen the local government makes a decision as to whether it will not admit to the pool premises anyperson or a decision in relation to clause 12 the provisions of Division 1 of Part 9 of the Act andregulations 33 and 34 of the Local Government (Functions and General) Regulations 1996 shall applyto that decision.

Dated this 19 day of May 1998.The Common Seal of the Shire of Ashburton was hereunto affixed in the presence of—

BRIAN HAYES, President.DAVID G. CAREY, Chief Executive Officer.



SHIRE OF ASHBURTON


TABLE OF CONTENTS

PART 1—PRELIMINARY1. Citation2. Commencement3. Content and Intent4. Interpretation

PART 2—KEEPING OF CATS5. Identified Cats6. Maximum Number of Cats to be Kept

PART 3—CONTROL OF KEPT CATS7. Cat Not to be a Nuisance8. Abandonment of Cats

PART 4—IMPOUNDING AND TRAPPING OF CATS9. Cat Pounds

10. Dealing with Impounded Cats11. Trapping of Cats

PART 5—PENALTIES AND INFRINGEMENTS12. Penalties13. Modified Penalties14. Authorised Person May Issue an Infringement15. Infringement Notice Maybe Withdrawn

PART 6—MISCELLANEOUS16. Objection and Appeal Rights17. Fees and Charges

SCHEDULESFirst Schedule—Modified PenaltiesSecond Schedule—Infringement NoticeThird Schedule—Withdrawal of Infringement NoticeFourth Schedule—Application to Keep More than Two Cats



SHIRE OF ASHBURTON


In pursuance of the powers conferred upon it by the above mentioned Act and of all other powersenabling it the Council of the Shire of Ashburton hereby records having resolved on the 19 May 1998 tomake the following local law.


1. CitationThis local law may be cited as the Shire of Ashburton “Local Law Relating to the Control of Cats”.

2. CommencementThis local law comes into effect thirty (30) days after the date of its publication in the GovernmentGazette.

3. Content and IntentThis local law provides for rules and guidelines for the proper management and control of cats throughoutthe whole of the district, to—

(a) encourage responsible cat ownership;(b) reduce public and environmental nuisance caused by cats;(c) promote the effective management of cats; and(d) limit the damage to and loss of wildlife caused by cats.

4. Interpretation(1) In this local law unless the context otherwise requires—

“Act” means the Local Government Act 1995.“attack” in relation to the behaviour of a cat, does not include behaviour which was an immediate

response to and was induced by provocation, but includes—(a) aggressively rushing at or harassing any person or animal;(b) biting or otherwise causing physical injury to a person or an animal;(c) tearing clothing on, or otherwise causing damage to the property of the person attacked;

or(d) attempting to attack, or behaviour in such a manner toward a person as would cause a

reasonable person to fear physical injury, unless the keeper establishes that the behaviourwas justified by a reasonable cause.

“authorised person” means a person appointed by the local government for the purposes of thislocal law.

“district” means the Local Government district of the Shire of Ashburton.“food premises” has the meaning given to it by the Health Act 1911“identified cat” means a cat identified in the manner of having a collar around its neck and tag

securely attached to the collar with the tag being marked with the name and current addressor telephone number of the owner or other person entitled to possession of the cat.

“keeper” in relation to a cat means each of the following persons—(a) the owner of the cat;(b) the person by whom the cat is ordinarily kept;(c) a person who has or appears to have immediate custody or control of the cat;(d) a person who keeps the cat, or has the cat in his or her possession for the time being;

or(e) a person who occupies any premises in which the cat is ordinarily kept or ordinarily per-

mitted to live;“local government” means the local government of the Shire of Ashburton.“premises” shall, for the purpose of determining who is occupier, be taken to refer to any land or

building, or part of any land or building, that is intended to be occupied as a separate resi-dence from any adjacent tenement.


“public place” includes each of the following—churches;Cinemas/Drive Inncommunity, sporting and recreation centres and public swimming pools;premises licensed under the Liquor Licensing Act 1988; andpublic and private primary, secondary and tertiary places of education.

“unidentified cat” means a cat that is not identified in the manner as prescribed for an “identifiedcat”.

(2) Unless otherwise defined herein, the terms and expressions used in this local law shall have thesame meaning given to them in the Act.

(3) Where a term is not defined in this local law, the Act or its regulations the terminology is to betaken from the Oxford Dictionary.

PART 2—KEEPING OF CATS

5. Identified Cats(1) No person shall, without the permission of the local government, keep a cat over the age of six (6)

months on any premises unless the cat is an identified cat.(2) Subclause (1) does not apply to a cat—

(a) kept at any refuge conducted by the RSPCA or any other animal welfare organisation;(b) kept at an animal pound which has been approved by the local government;(c) kept at a pet shop;(d) kept at a veterinarian surgery;(e) where an exemption has been granted by the local government.

(3) A person must not, without reasonable excuse, interfere with or remove the means by which a catis identified under this local law.

6. Maximum Number of Cats to be Kept(1) No keeper shall keep or allow to remain on any premises of which he or she is the owner or

occupier, unless an exemption is granted under subclause (2) more than two (2) cats over the age of six(6) months and the young of those cats under that age anywhere within the District.

(2) The local government may grant an exemption in respect of those premises but such exemption:(a) may be made subject to conditions, including a condition that it applies to the cats specified

therein;(b) shall not operate to authorise the keeping of more than three (3) cats on those premises unless

special permission is granted by the local government.(3) An applicant to keep more than two (2) cats shall be made in the form of the Fourth Schedule.

PART 3—CONTROL OF KEPT CATS

7. Cat Not to be a Nuisance(1) A keeper shall not keep or allow to remain on any premises of which he or she is the owner or

occupier, any cat or cats as to be a nuisance to another person or animal or injurious to the health ofanother person or animal by reason of—

(a) the number of cats;(b) the noise or odour generated by the presence of the cat or cats;(c) the aggressive nature of the cat or cats; and(d) the wandering of the cat or cats.

(2) A cat shall not attack or threaten to attack a person or an animal.(3) If a cat attacks or threatens to attack a person or an animal, every keeper of the cat commits an

offence.(4) The local government may make a destruction order in respect of a cat which has attacked or

threatened to attack a person or an animal.(5) The local government, in respect of any cat which has on three (3) separate occasions within a 12

month period, been observed by an authorised person to be unrestrained or not under effective controloff the keepers premises may—

(a) require the keeper to confine the cat in a manner to the satisfaction of the local government;or

(b) make a destruction order.(6) A cat shall not be in any food premises or public place.

8. Abandonment of Cats(1) A person must not abandon a cat.(2) A person who delivers a cat into the custody of an authorised person or to a cat pound is not to be

regarded as having abandoned the cat.


PART 4—IMPOUNDING AND TRAPPING OF CATS

9. Cat Pounds(1) The local government may establish and maintain a pound or pounds, and may approve an

animal pound maintained by any person, for the impounding of cats under this local law.(2) The local government shall have regard to any policy statements it has in relation to the estab-

lishment of a cat pound.

10. Dealing with Impounded Cats(1) If a cat is impounded and the authorised person who impounds the cat knows, or can readily find

out, the name and address of the keeper of the cat, the authorised person must give the keeper writtennotice of the impounding which states that the cat may be reclaimed within a specified period on thepayment of specified fees.

(2) The payment of any fees by a keeper in respect of the seizure, impounding and detention of a catdoes not relieve the keeper of any liability to a penalty for an offence against any provision of this locallaw.

(3) Where an unidentified cat is impounded and is not reclaimed within 3 days of its impounding,the local government may—

(a) offer the cat for sale through the cat pound; or(b) cause the cat to be destroyed;

(4) Subject to subclause (5), where an impounded cat is diseased, emanciated, injured or sick, thelocal government may destroy the cat without the requirement to hold the cat, upon advice of a veteri-narian surgeon.

(5) Unless the condition of a cat is such that it should be destroyed immediately, where an identifiedcat is diseased, emaciated or sick, the local government shall not destroy the cat under subclause (4)until reasonable steps have been taken to notify a keeper of the condition of the cat.

(6) Where an identified cat, is impounded and it is not reclaimed within the period specified in anotice of impounding, the local government may—

(a) offer the cat for sale through a cat pound; or(b) cause the cat to be destroyed.

(7) If an impounded cat is sold under clause 3 or 6, the proceeds of sale become the property of thelocal government and may be disposed of in such manner as the local government think fit.

11. Trapping of CatsUnless the occupier or the owner of premises consents, a person shall not trap or set a trap for a cat onpremises of which he or she is not the occupier or the owner.

PART 5—PENALTIES AND INFRINGEMENTS

12. PenaltiesA person who contravenes or fails to comply with any provision of this Local Law is, upon conviction,liable to a penalty of $200 for each offence.

13. Modified Penalties(1) The offences described in the table set out in the First Schedule to this Local Law are prescribed

pursuant to Section 3.10 and 9.17 of the Act as an offence to which a modified penalty applies.(2) The amount appearing in that table directly opposite an offence is the prescribed modified pen-

alty payable in respect of that offence if dealt with pursuant to this sub-clause.(3) Were a person does not contest an allegation that the person committed an offence of the kind to

which this clause applies, the production of an acknowledgment from the local government that themodified penalty has been paid to the local government is a defence to a charge of the offence in respectof which the modified penalty was paid.

14. Authorised Person May Issue an Infringement(1) Where an authorised person has reason to believe that a person has committed an offence of the

kind described in the First Schedule a notice may be served on that person in the form contained in theSecond Schedule informing the person that if the person does not wish to have a complaint of thealleged offence heard and determined by a Court the person may pay to the local government withinthe time therein specified the amount prescribed as the modified penalty.

(2) An Infringement Notice may be served on an alleged offender personally or by posting it to thatperson’s address as ascertained from that person at the time of or immediately following the occur-rence giving rise to the allegation of the offence.

(3) Where a person who received an Infringement Notice fails to pay the prescribed penalty withinthe time specified in the Notice, or within any further time as in any particular case is allowed by thelocal government, the person is deemed to have declined to have the allegation dealt with by way of amodified penalty.

(4) An alleged offender on whom an Infringement Notice has been served may, within the timespecified in the Notice or further time as in any particular case is allowed by the local government,send or deliver to the local government the amount of the prescribed penalty with or without a reply asto the circumstances giving rise to the allegation.


15. Infringement Notice Maybe Withdrawn(1) An Infringement Notice may, whether or not the prescribed penalty has been paid be withdrawn

by the local government by sending, of a Notice in the form contained in the Third Schedule to thealleged offender at the address specified in the Notice or to the person’s last known place of residenceor business.

(2) In the case of an event any amount received by way of a modified penalty shall be refunded andany acknowledgment of the receipt of that amount shall for the purpose of any proceedings in respectof the alleged offence be deemed not to have been issued.

PART 6—MISCELLANEOUS PROVISIONS

16. Objection and Appeal RightsWhen the local government makes a decision in relation to—

(a) grant or refuse to grant a person a permit under this local law; or(b) renew, vary or cancel a permit that a person has under this local law; or(c) the local government makes a destruction order.

the provisions of Division 1 of Part 9 of the Act and Regulations 33 and 34 of the Local Government(Functions and General) Regulations 1996 shall apply to that decision or destruction order.

17. Fees and ChargesThe fees and charges in relation to this Local Law will be set in accordance with Part 6, Division 5 andsubdivision 2 of the Act.

First ScheduleLOCAL LAW RELATING TO THE CONTROL OF CATS

Shire of AshburtonMODIFIED PENALTIES

Item Clause Nature of Offence ModifiedPenalty

1 5(1) Keeping an unidentified cat over the age of six (6) months $502 6(1) Keeping more than the approved limit on the number of cats $503 7(1) Keeping a cat so to be a nuisance or injurious to health $504 7(6) Cat in any food premises or public place. $505 8 Abandonment of cat $606 11 Setting an unlawful trap $50

Second ScheduleLOCAL LAW RELATING TO THE CONTROL OF CATS

Shire of AshburtonINFRINGEMENT NOTICE

No:.....................................Date: ......../......../........

To:..........................................................................., of.......................................................................................................................................................................................................................................................It is alleged that on the.......................day of.......................19........ you committed an offence that you—...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................You may dispose of this matter—

(1) By payment of a penalty of $..................... within twenty-eight days of this Notice at any Shireoffice or;

(2) By having it dealt with by a Court.If this modified penalty is not paid within the time specified, Court proceedings may be taken against you.

.....................................................Name of Authorised Person

.....................................................Signature of Authorised Person


Third ScheduleLOCAL LAW RELATING TO THE CONTROL OF CATS

Shire of AshburtonWITHDRAWAL OF INFRINGEMENT NOTICE

No:.....................................

Date: ......../......../........To:..........................................................................., of.......................................................................................................................................................................................................................................................Infringement Notice No:............................, dated ......../......../........ for........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................with a penalty of $........................... is hereby withdrawn.No further action will be taken / It is proposed to institute Court proceedings for the alleged offence(delete which is not applicable).

.......................................................Name of Authorised Person

.......................................................Signature of Authorised Person

......................................................Chief Executive Officer

Fourth ScheduleLOCAL LAW RELATING TO THE CONTROL OF CATS

Shire of AshburtonAPPLICATION TO KEEP MORE THAN TWO CATS

I/We ................................................................................................................................................................(Full Name)

of..................................................................................................................................................................(Postal Address)

hereby make application to keep more than two (2) cats in accordance with clause 6(1) of the Local Lawrelating to the Control of Cats at:......................................................................................................................................................................

(Property Address)for (give details of all cats proposed to be kept on the above mentioned premises)

No. Breed Sex Colour Name Age

123

It is necessary for me to keep more than two (2) cats because:..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................DATED this........................................day of.....................................................

................................................Signature of Applicant(s)


BRIAN HAYES, President.DAVID CAREY, Chief Executive Officer



SHIRE OF ASHBURTON


TABLE OF CONTENTS

PART 1—PRELIMINARY1. Citation2. Commencement3. Repeal of Previous Local Laws4. Content and Intent5. Interpretation

PART 2—IMPOUNDING AND RELEASING DOGS6. Owner to Provide Evidence7. Fees and Charges to be Paid8. Owner to be Notified9. Dog Maybe Destroyed

10. Local Government Property not to be Interfered With11. Payment of Fees Does Not Reduce Liability of Owner

PART 3—KEEPING OF DOGS12. Maximum Number of Dogs to be Kept13. Conditions For Keeping Dogs

PART 4—EXERCISING DOGS14. Person to Control Dog15. Dog Excreta16. Guide and Hearing Dogs17. Dog Exercise Areas

PART 5—REGULATION OF DOG KENNELS18. Dog Kennels

PART 6—MISCELLANEOUS MATTERS19. Infringement Notices20. Modified Penalties21. Appeal Rights

SCHEDULESFirst Schedule—Application to Keep More Than Two DogsSecond Schedule—Modified Penalties



SHIRE OF ASHBURTON


In pursuance of the powers conferred upon it by the above mentioned Act and of all other powersenabling it the Council of the Shire of Ashburton hereby records having resolved on the 19 May 1998 tomake the following local law.


1. CitationThis local law may be cited as the Shire of Ashburton “Local Law Relating to Dogs”.

2. CommencementThis local law comes into effect thirty (30) days after the date of its publication in the GovernmentGazette.

3. Repeal of Previous Local LawThe Shire of Ashburton “Local Law Relating to Dogs” published in the Government Gazette on 25February 1983 and all other local laws relating to Dogs are hereby revoked.

4. Content and IntentThis local law provides for rules and guidelines for the proper management and control of dogs and forthe management and control of kennel establishments and shall apply throughout the whole of thedistrict.

5. Interpretation(1) In this local law unless the context otherwise requires—

“Act” means the Dog Act 1976.“authorised person” means the Chief Executive Officer or any Environmental Health Officer, Build-

ing Surveyor, Ranger or any other person employed by the local government as an authorisedperson for the purpose of this local law.

“clause” means a clause of this local law;“local government” means the local government of the Shire of Ashburton;“district” means the local government district of the Shire of Ashburton.“dog exercise area” means those areas designated by this local law pursuant to section 31 of the

Act.“fence” includes a wall and retaining wall.“food premises” has the meaning given to it in the Health Act 1911.“person liable for the control of a dog” has the meaning given to it in the Act.“premises” has the meaning given to it in the Act.“public buildings” includes each of the following:

(a) Churches;(b) Cinemas/Drive Inn(c) Community, sporting and recreation centres and public swimming pools;(d) Premises licensed under the Liquor Licensing Act 1988; and(e) Public and private primary, secondary and tertiary places of education.

“schedule” means a schedule to this local law.(2) Unless otherwise defined herein, the terms and expressions used in this local law shall have thesame meaning given to them in the Act.(3) Where a term is not defined in this local law, the Act or its regulations the terminology is to betaken from the Oxford Dictionary.


PART 2—IMPOUNDING AND RELEASING DOGS

6. Owner to Provide EvidenceA person applying for the release of a dog lawfully impounded shall first provide to the AuthorisedPerson evidence, satisfactory to the Authorised Person, that he or she is the owner of that dog.

7. Fees and Charges to be Paid(1) Prior to the release of any dog lawfully impounded the owner, or a person appointed in writing byhim/her, shall pay to the local government—

(a) all and any fees owing to the local government in respect of the seizure, impoundment andmaintenance of that dog;

(b) any veterinary fees which may have been reasonably incurred by the local government inrelation to the treatment of that dog; and

(c) any registration fees owing pursuant to the Act in respect of the dog.(2) No unregistered dog which has been lawfully impounded may be released until all registration feesare paid in respect of that dog.

8. Owner to be NotifiedIf a dog is impounded having around its neck a collar with a current registration tag affixed theretothen an Authorised Person shall notify the registered owner of that dog.

9. Dog Maybe Destroyed(1) If a dog with or without a registration tag is not claimed, and all fees paid, within 72 hours of thedog being received into the pound, then an Authorised Person may sell or destroy the dog.(2) Notwithstanding anything herein contained, subject to the provisions of Section 29 (12) of the Act,a dog seized or impounded may at any time be destroyed upon the written authority of a registeredveterinary surgeon, medical practitioner, or environmental health officer.(3) If any dog is destroyed by an Authorised Person, whether at the request of the owner or not andwhether the dog shall have been seized or impounded or not, the owner shall when so required, pay tothe local government any fees prescribed by the local government

10. Local Government Property not to be Interfered WithNo person shall—

(a) unless an Authorised Person, attempt to release a dog from a pound.(b) destroy, break into, damage, or in any way interfere with a pound.(c) destroy, break into, or in any way interfere with any vehicle, trailer, cage, or any container

used for the purpose of catching, holding, or conveying dogs which have been seized.

11. Payment of Fees Does Not Reduce Liability of OwnerThe payment of fees in respect of the seizure, care, detention or destruction of a dog shall not relievethe owner of liability to proceedings being instituted by the local government under the Act.

PART 3—KEEPING OF DOGS

12. Maximum Number of Dogs to be Kept(1) The occupier of premises shall not unless the premises are licensed as an approved kennel estab-lishment or have been granted exemption pursuant to section 26 (3) of the Act keep or permit to be kepton those premises more than—

(a) two dogs over the age of three months and the young of those dogs under that age if the premisesare situated in a gazetted townsite.

(b) six dogs over the age of three months and the young of those dogs under that age if the premisesare situated outside a gazetted townsite in the district unless a greater number of dogs isreasonably required and the dogs are used for the purpose of tendering, mustering and con-trolling livestock on those premises.

(2) The provisions of (1), above are subject to—(a) The premises complying in all respects with the provisions of the Act and this local law;(b) All dogs being registered in accordance with the Act.

(3) Notwithstanding the provisions of (1), above an owner or occupier of premises may only keep twodogs on those premises if that person or any other person liable for the control of dogs on those premiseshas been convicted for an offence under the Act on two or more occasions during the twelve monthsimmediately preceding the renewal of the registration.(4) A person wishing to keep more than the number of dogs as prescribed in (1), above shall apply for anexemption for those premises under the provisions of Section 26(3) of the Act in the form prescribed inthe First Schedule.(5) The local government may grant an exemption in respect of those premises but any such exemptionmaybe made subject to conditions, including a condition restricting the number of dogs and the breedof dogs which may be kept.


13. Conditions For Keeping DogsAn occupier of premises on which a dog is kept shall—

(a) cause the premises or portion thereof on which a dog is kept to be fenced in a manner capableof confining the dog.

(b) ensure any fence used to confine the dog and every gate and door in the fence is of a type,height and construction which having regard to the breed, age, size and physical condition ofthe dog, shall be capable of preventing the dog at all times from passing over, under or throughit.

(c) ensure that every gate or door in the fence is kept closed at all times when the dog is on thepremises, but nothing in this local law prevents a person from opening the gate in order toenter or leave the premises.

(d) maintain the fence and all gates and doors in good order and condition; and(e) where no part of the premises consists of open space, yard or garden or there is no open space

or garden or yard of which the occupier has exclusive use or occupation, ensure that all meansexist on the premises for effectively confining the dog within the building on the premises.

PART 4—EXERCISING DOGS

14. Person to Control Dog(1) When in a public place, not gazetted as a dog exercise area, pursuant to this local law, a personliable for the control of the dog shall ensure that the dog is kept—

(a) on a leash, chain, cord or harness by a person physically able to control the dog; and(b) under continuous supervision, by a person physically able to control the dog.

(2) A person liable for the control of a dog shall prevent the dog from entering or being in any of thefollowing places in addition to those specified in the Act—

(a) a public building;(b) food premises;(c) a public swimming pool; and(d) any other place prohibited to dogs under any other written law.

(3) If a person liable for the control of a dog breaches any provision of this clause then the person liablefor control of the dog commits an offence.

15. Dog ExcretaIf a dog excretes on a public place then unless the excreta is removed forthwith and properly disposed,the person liable for the control of that dog commits an offence.

16. Guide and Hearing DogsThe provisions of clause 15(2) of this local law do not apply to dogs used by persons who are blind, orpartially blind, deaf or partially deaf or persons engaged in the training of guide and hearing dogs.

17. Dog Exercise Areas(1) A person may excerise a dog in any areas specified in (2) below without adhering to the require-ments of clause 15(1)(a).(2) The following are designated as Dog Exercise Areas—

(a) all reserves or land owned by the local government or under the care, control and managementof the local government as indicated by a sign or such other method determined by the localgovernment.

(b) all other reserves or land as indicated by a sign or such other method as determined by thelocal government.

PART 5—REGULATION OF DOG KENNELS18. Dog Kennels(1) The local government may approve the establishment of dog kennels within a gazetted townsite.(2) The local government shall have regard to any policy statements it has in relation to the establish-ment of dog kennels.

PART 6—MISCELLANEOUS MATTERS

19. Infringement NoticesWhere an Authorised Person has reason to believe that a person has committed an offence against thislocal law he/she may serve upon that person an Infringement Notice in the form outlined in the Act.

20. Modified PenaltiesThe offences prescribed in the Second Schedule are pursuant to Section 45A(2) of the Act as offences inrelation to which a modified penalty applies and the amount appearing directly opposite each suchoffence is the prescribed modified penalty payable in respect of that offence.

21. Appeal RightsA person who is aggrieved by any decision made pursuant to this local law may lodge and appeal withthe Minister or Local Court, as the case may be.


First Schedule

Shire of Ashburton

APPLICATION TO KEEP MORE THAN TWO DOGS

I/We ................................................................................................................................................................(Full Name)

of .....................................................................................................................................................................(Postal Address)

hereby make application to keep more than two(2) dogs in accordance with Section 26 (1) of the Dog Act1976 at ...................................................................................................................................................................................................................................................................................................................................

(Property Address)

for (give details of all dogs proposed to be kept on the above mentioned premises)

No Breed Sex Colour Name Age

1

2

3

4

5

6

It is necessary for me to keep more than two (2) dogs because: ................................................................

........................................................................................................................................................................

........................................................................................................................................................................

........................................................................................................................................................................

........................................................................................................................................................................

DATED this........................................day of..................................

.......................................................... Signature of Applicant(s)

Second Schedule

Shire of Ashburton

MODIFIED PENALTIES

Item Section Nature of Offence Penalty

1 10(a) Attempt to, or cause the unauthorised release of a dog. $50

2 10(b) Interfere or render not dog proof any pound. $50

3 10(c) Interfere with any vehicle, cage, trailer or any container used forholding or conveying dogs. $50

4 13 Failing to provide means for effectively confining a dog. $50

5 14(2) Permitting a dog to enter or be in a prohibited place. $100

6 15 Permitting a dog to excrete on a street, public place or other land,and failing to remove or dispose of it. $50


BRIAN HAYES (JP), Shire President.

DAVID G. CAREY, Chief Executive Officer.

SHIRE OF ASHBURTON

DOGS LOCAL LAW [2012]

DOG ACT 1976


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ATTACHMENT 11.3B

CONTENTS

PART 1 - PRELIMINARY

1.1 Citation

1.2 Commencement

1.3 Repeal

1.4 Definitions

1.5 Application

PART 2 - IMPOUNDING OF DOGS

2.1 Charges and costs

2.2 Attendance of pound keeper at pound

2.3 Release of impounded dog

2.4 No breaking into or destruction of pound

PART 3 - REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS

3.1 Dogs to be confined

3.2 Limitation on the number of dogs

PART 4 - APPROVED KENNEL ESTABLISHMENTS

4.1 Interpretation

4.2 Application for licence for approved kennel establishment

4.3 Notice of proposed use

4.4 Exemption from notice requirements

4.5 When application can be determined

4.6 Determination of application

4.7 Where application cannot be approved

4.8 Conditions of approval

4.9 Compliance with conditions of approval

4.10 Fees

4.11 Form of licence

4.12 Period of licence

4.13 Variation or cancellation of licence

4.14 Transfer

4.15 Notification

4.16 Inspection of kennel

PART 5 - DOGS IN PUBLIC PLACES

5.1 Places where dogs are prohibited absolutely

5.2 Places which are dog exercise areas

PART 6 - MISCELLANEOUS

6.1 Offence to excrete

PART 7 - ENFORCEMENT

7.1 Interpretation


7.3 Issue of infringement notice

7.4 Failure to pay modified penalty

7.5 Payment of modified penalty

7.6 Withdrawal of infringement notice

7.7 Service

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

DOG ACT 1976


SHIRE OF ASHBURTON

DOGS LOCAL LAW

Under the powers conferred by the Dog Act 1976, the Local Government Act 1995 and under all other

powers enabling it, the Council of the Shire of Ashburton resolved on [insert date] to make the

following local law.

PART 1 - PRELIMINARY

1.1 Citation

This local law may be cited as the Shire of Ashburton Dogs Local Law 2012.

Provisions of the Dog Act 1976 Selected provisions of the Dog Act have been included in this document boxed where it is believed

these might assist in the interpretation or administration of this local law. These insertions are not an

official part of the local law and will not therefore be included in the gazettal of the local law.

1.2 Commencement

This local law comes into operation 14 days after the date of its publication in the Government

Gazette.

1.3 Repeal

The Shire of Ashburton Local Law Relating to the Dogs Local Law as published in the Government

Gazette on 12 January 1996 and 3 June 1998 are repealed.

1.4 Definitions

In this local law unless the context otherwise requires -

Act means the Dog Act 1976;

authorised person means a person appointed by the local government to perform all or any of the

functions conferred on an authorised person under this local law;

CEO means the Chief Executive Officer of the local government;

district means an area of the State that has been declared to be a district under the Local Government

Act 1960, and includes for certain purposes provided for in this Act other areas which although not

being within the boundaries of a district are regarded for those purposes as being part of the district;

dangerous dog means a dog which is the subject of a declaration under Section 33E of the Act

declaring it to be a dangerous dog;

local government means the Shire of Ashburton;

owner in relation to a dog means –

(b) the person by whom the dog is ordinarily kept; or

(c) a person who is deemed by subsection (2) to be the owner of the dog;

―person liable for the control of the dog‖ means each of the following –

(a) the registered owner of the dog;

(b) the owner of the dog;

(c) the occupier of any premises where the dog is ordinarily kept or ordinarily permitted to live; or

(d) a person who has the dog in his possession or under his control, but does not include –

(e) a registered veterinary surgeon, or a person acting on his behalf, in the course of his

professional practice; or

(f) a police officer or other person acting under statutory duty or in the administration of this Act;

pound keeper means a person authorised by the local government to perform all or any of the

functions conferred on a ―pound keeper‖ under this local law;

premises shall, for the purpose of determining who is the occupier, be taken to refer to any land or

building, or part of any land or building, that is or is intended to be occupied as a separate residence

from any adjacent tenement;

Regulations means the Dog Regulations 1976;

thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995; and

town planning scheme means a town planning scheme made by the local government under the

Planning and Development Act 2005 which applies throughout the whole or a part of the district.

townsite means –

(a) land constituted, defined, or reserved as the site of a town or village under the Land

Administration Act 1997.

(b) land subdivided or laid out as the site for a townsite, township, or village, in accordance with

the subdivisional plan, registered in the Office of Titles or the Department of Land

Administration; and

(c) land within a town or city under the Local Government Act 1960 that is outside the metropolitan

region.

1.5 Application

This local law applies throughout the district.

PART 2 - IMPOUNDING OF DOGS

Part 2 Should be read in conjunction with section 29 of the Act, which is headed ―Power to seize

strays, etc‖

2.1 Charges and costs

The following are to be imposed and determined by the local government under sections 6.16 to 6.19

of the Local Government Act 1995 -

(a) the charges to be levied under section 29(4) of the Act relating to the seizure and

impounding of a dog;

(b) the additional fee payable under section 29(4) of the Act where a dog is released at a time

or on a day other than those determined under clause 2.2; and

(c) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the

Act.

2.2 Attendance of pound keeper at pound

The pound keeper is to be in attendance at the pound for the release of dogs at the times and on the

days of the week as are determined by the CEO.

2.3 Release of impounded dog

(1) A claim for the release of a dog seized and impounded is to be made to the pound keeper or in

the absence of the pound keeper, to the CEO.

(2) The pound keeper is not to release a dog seized and impounded to any person unless that

person has produced, to the satisfaction of the pound keeper, satisfactory evidence -

(a) of her or his ownership of the dog or of her or his authority to take delivery of it; or

(b) that he or she is the person identified as the owner on a microchip implanted in the dog.

2.4 No breaking into or destruction of pound

A person who -

(a) unless he or she is the pound keeper or a person authorised to do so, releases or attempts

to release a dog from a pound; or

(b) destroys, breaks into, damages or in any way interferes with or renders not dog-proof -

(i) any pound; or

(ii) any vehicle or container used for the purpose of catching, holding or conveying a

seized dog,

commits an offence.

Penalty: Where the dog is a dangerous dog, $2,000; otherwise $1,000.

PART 3 - REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS

3.1 Dogs to be confined

(1) An occupier of premises on which a dog is kept must -

(a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable

of confining the dog;

(b) ensure the fence used to confine the dog and every gate or door in the fence is of a type,

height and construction which having regard to the breed, age, size and physical

condition of the dog is capable of preventing the dog at all times from passing over, under

or through it;

(c) ensure that every gate or door in the fence is kept closed at all times when the dog is on

the premises and is fitted with a proper latch or other means of fastening it;

(d) maintain the fence and all gates and doors in the fence in good order and condition; and

(e) where no part of the premises consists of open space, yard or garden or there is no open

space or garden or yard of which the occupier has exclusive use or occupation, ensure

that other means exist on the premises (other than the tethering of the dog) for effectively

confining the dog within the premises.

(2) Where an occupier fails to comply with subclause (1), he or she commits an offence.

Penalty: Where the dog kept is a dangerous dog, $2,000; otherwise $1,000.

Limitations as to numbers

S26 (1) The provisions of this Part shall not operate to prevent the keeping on any

premises of 2 dogs over the age of 3 months and the young of those dogs under

that age.

(2) Subject to subsection (1), a local government, pursuant to local laws, may limit

the number to dogs over the age of 3 months, or the number of such dogs of any

specified breed or kind, that may be kept on any premises situate in a specified

area to which those local laws apply unless those premises are licensed as an

approved kennel establishment or are exempt.

(3) Where a local law under this Act a local government has placed a limit on the

keeping of dogs in any specified area but the local government is satisfied in

relation to any particular premises that the provisions of the Act relating to

approved kennel establishments need not be applied in the circumstances, the

local government may grant an exemption in respect of those premises by any

such exemptions –

(a) May be subject to conditions, including a condition that it applies only to

the dogs specified therein;

(b) Shall not operate to authorise the keeping of more than 6 dogs on those

premises; and

(c) May be revoked or varied at any time.

(4) Subject to provisions of subsection (3), a person who keeps on any premises, not

being premises licenced as an approved kennel establishment, dogs over the

age of 3 months in numbers exceeding any limit imposed in relation to hose

dogs by a local law made under subsection (2) commits an offence.

Penalty: $1 000 and a daily penalty of $100.

(5) Any person who is aggrieved –

(a) by the conditions imposed in relation to any exemption from the

provisions of a local law placing a limitation on the number of dogs that

may be kept on any premises; or

(b) by the refusal of a local government to grant such an exemption, or by the

revocation of an exemption,

may appeal in writing to the Minister who may, after such inquiry as he thinks fit,

give directions to the local government concerned and effect shall be given to any

such direction

(6) An appeal under subsection (5) shall be lodged with the Minister not later than 28

days after the day on which a notice of the decision that is appealable is served

on the person affected by that decision.

[section 26 amended by No. 23 of 1987 s.22.]

Note:

Regulation 13(1) prescribes a modified penalty of $100 under section 26(4) for ―Keeping

more than prescribed number of dogs.‖

If this modification penalty is to be imposed under the Regulations, the procedures

contained within regulation 13 of the Regulation must be complied with.

3.2 Limitation on the number of dogs

(1) This clause does not apply to premises which have been -

(a) licensed under Part 4 as an approved kennel establishment; or

(b) granted an exemption under section 26(3) of the Act.

(2) The limit on the number of dogs which may be kept on any premises is, for the purpose of

section 26(4) of the Act -

(a) 2 dogs over the age of 3 months and the young of those dogs under that age if the

premises are situated within a townsite; or

(b) 4 dogs over the age of 3 months and the young of those dogs under that age if the

premises are situated outside a townsite.

PART 4 - APPROVED KENNEL ESTABLISHMENTS

4.1 Interpretation

In this Part and in Schedule 2 -

licence means a licence to keep an approved kennel establishment on premises;

licensee means the holder of a licence;

premises, in addition to the meaning given to it in section 3 of the Act, means the premises

described in the application for a licence; and

transferee means a person who applies for the transfer of a licence to her or him under

clause 4.14.

4.2 Application for licence for approved kennel establishment

An application for a licence must be made in the form of that in Schedule 1, and must be lodged with

the local government together with -

(a) plans and specifications of the kennel establishment, including a site plan;

(b) copies of the notices to be given under clause 4.3;

(c) written evidence that either the applicant or another person who will have the charge of

the dogs, will reside on the premises or, in the opinion of the local government,

sufficiently close to the premises so as to control the dogs and so as to ensure their health

and welfare;

(d) a written acknowledgement that the applicant has read and agrees to comply with any

code of practice relating to the keeping of dogs nominated by the local government; and

(e) the fee for the application for a licence referred to in clause 4.10(1).

4.3 Notice of proposed use

(1) An applicant for a licence must give notice of the proposed use of the premises as an approved

kennel establishment after the application for a licence has been lodged –

(a) once in a newspaper circulating in the district; and

(b) to the owners and occupiers of any premises adjoining the premises.

(2) The notices in subclause (1) must specify that -

(a) any written submissions as to the proposed use are to be lodged with the CEO within

14 days of the date the notice is given; and

(b) the application and plans and specifications may be inspected at the offices of the local

government.

(3) Where –

(a) the notices given under subclause (1) do not clearly identify the premises; or

(b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which,

in the opinion of the local government, would fail to serve the purpose of notifying

persons of the proposed use of the premises,

then the local government may refuse to determine the application for a licence until the notices

or notice, as the case may be, is given in accordance with its directions.

4.4 Exemption from notice requirements

Where an application for a licence is made in respect of premises on which an approved kennel

establishment is either a -

(a) permitted use; or

(b) use which the local government may approve subject to compliance with specified notice

requirements,

under a town planning scheme, then the requirements of clauses 4.2(b), 4.3 and 4.5(a) do not apply in

respect of the application for a licence.

4.5 When application can be determined

An application for a licence is not to be determined by the local government until -

(a) the applicant has complied with clause 4.2;

(b) the applicant submits proof that the notices referred to in clause 4.3(1) have been given in

accordance with that clause; and

(c) the local government has considered any written submissions received within the time

specified in clause 4.3(2)(a) on the proposed use of the premises.

4.6 Determination of application

In determining an application for a licence, the local government is to have regard to –

(a) the matters referred to in clause 4.7;

(b) any written submissions received within the time specified in clause 4.3(2)(a) on the

proposed use of the premises;

(c) any economic or social benefits which may be derived by any person in the district if the

application for a licence is approved;

(d) the effect which the kennel establishment may have on the environment or amenity of the

neighbourhood;

(e) whether the approved kennel establishment will create a nuisance for the owners and

occupiers of adjoining premises; and

(f) whether or not the imposition of and compliance with appropriate conditions of a licence

will mitigate any adverse effects of the approved kennel establishment identified in the

preceding paragraphs.

4.7 Where application cannot be approved

The local government cannot approve an application for a licence where -

(a) an approved kennel establishment cannot be permitted by the local government on the

premises under a town planning scheme; or

(b) an applicant for a licence or another person who will have the charge of the dogs will not

reside on the premises, or, in the opinion of the local government, sufficiently close to the

premises so as to control the dogs and so as to ensure their health and welfare.

4.8 Conditions of approval

(1) The local government may approve an application for a licence subject to the conditions

contained in Schedule 2 and to such other conditions as the local government considers

appropriate.

(2) In respect of a particular application for a licence, the local government may vary any of the

conditions contained in Schedule 2.

4.9 Compliance with conditions of approval

A licensee who does not comply with the conditions of a licence commits an offence.

Penalty: $2,000 and a daily penalty of $200.

4.10 Fees

(1) On lodging an application for a licence, the applicant is to pay a fee to the local government.

(2) On the issue or renewal of a licence, the licensee is to pay a fee to the local government.

(3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the

local government.

(4) The fees referred to in subclauses (1) to (3) are to be imposed and determined by the local

government under sections 6.16 to 6.19 of the Local Government Act 1995.

4.11 Form of licence

The licence is to be in the form determined by the local government and is to be issued to the licensee.

4.12 Period of licence

(1) The period of effect of a licence is set out in section 27(5) of the Act.

(2) A licence is to be renewed if the fee referred to in clause 4.10(2) is paid to the local

government prior to the expiry of the licence.

(3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to

have effect.

s.27(5) A licence under this section has effect for a period of 12 months, and is renewable upon

payment of the prescribed fee, but may be cancelled at any time by the local government if the local

government is dissatisfied with the conduct of the establishment.

4.13 Variation or cancellation of licence

(1) The local government may vary the conditions of a licence.

(2) The local government may cancel a licence –

(a) on the request of the licensee;

(b) following a breach of the Act, the Regulations or this local law; or

(c) if the licensee is not a fit and proper person.

(3) The date a licence is cancelled is to be, in the case of –

(a) paragraph (a) of subclause (2), the date requested by the licensee; or

(b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the

Act.

(4) If a licence is cancelled the fee paid for that licence is not refundable for the term of the

licence that has not yet expired.

4.14 Transfer

(1) An application for the transfer of a valid licence from the licensee to another person must be –

(a) made in the form determined by the local government;

(b) made by the transferee;

(c) made with the written consent of the licensee; and

(d) lodged with the local government together with –

(i) written evidence that a person will reside at or within reasonably close proximity to

the premises the subject of the licence; and

(ii) the fee for the application for the transfer of a licence referred to in

clause 4.10(3).

(2) The local government is not to determine an application for the transfer of a valid licence until

the transferee has complied with subclause (1).

(3) The local government may approve, whether or not subject to such conditions as it considers

appropriate, or refuse to approve an application for the transfer of a valid licence.

(4) Where the local government approves an application for the transfer of a valid licence, then on

the date of approval, unless otherwise specified in the notice issued under clause 4.15(b), the

transferee becomes the licensee of the licence for the purposes of this local law.

4.15 Notification

The local government is to give written notice to -

(a) an applicant for a licence of the local government’s decision on her or his application;

(b) a transferee of the local government’s decision on her or his application for the transfer of

a valid licence;

(c) a licensee of any variation made under clause 4.13(1);

(d) a licensee when her or his licence is due for renewal and the manner in which it may be

renewed;

(e) a licensee when her or his licence is renewed;

(f) a licensee of the cancellation of a licence under clause 4.13(2)(a); and

(g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 4.13(2),

which notice is to be given in accordance with section 27(6) of the Act.

4.16 Inspection of kennel

With the consent of the occupier, an authorised person may inspect an approved kennel establishment

at any time.

Entry of premises 12A. (1) With the authority of a warrant, an authorised person, and any other person named in the

warrant, may enter and inspect any premises for any purpose relating to the enforcement

of this Act.

(2) If he is satisfied that there are reasonable grounds for doing so, a Justice of the Peace may

issue a warrant for the purpose of subsection (2).

PART 5 - DOGS IN PUBLIC PLACES

Control of dogs in certain public places

s.31 (1) A dog shall not be in a public place unless it is –

(a) held by a person who is capable of controlling the dog; or

(b) securely tethered for a temporary purpose,

by means of a chain, cord, leash or harness of a sufficient strength and

not exceeding the prescribed length.

(2) A dog is exempt from the requirements of subsection (1) if –

(a) it is an area specified by a local government under section 51 as a dog

exercise area;

(b) it is in a public place in an area of the State that is outside the

metropolitan region or a townsite;

(c) it is in or on a vehicle or boat;

(d) it is being exhibited for show purposes;

(e) it is participating in an obedience trial or classes conducted under the

auspices of the body known as the Canine Association of Western

Australia (Inc.) or a body approved by the local government in whose

district the obedience trial or classes are conducted;

(f) it is registered as being bona fide used in the droving or tendering of stock

and is being so used or is going to or returning form a place where it will

be, or has been, so used;

(g) it is a foxhound in a registered pack bona fide engaged in hunting or

hound exercise or in going to or returning from a place where it will be,

or has been, so used;

(h) it is being used for retrieving, duck hunting or other customary sporting

purposes.

(3) If a dog is at any time in any public place in contravention of subsection (1)

every person liable for the control of the dog at that time commits an offence

against that subsection unless he establishes a defence under section 33B.

Penalty: where the dog is a dangerous dog, $4 000;

Otherwise, $1 000

Control of dogs in exercise areas and rural areas

S32. (1) A dog, not being a greyhound, shall not be in –

(a) An area specified by a local government under section 51 as a dog

exercise area; or

(b) A public place in an area of the State that is outside the metropolitan

region or outside a townsite,

unless section 31(1) is complied with or a competent person is in reasonable

proximity to the dog.

(2) A person is a competent person for the purposes of subsection (1) only if –

(a) He is a person who is liable for the control of the dog;

(b) He is capable of controlling it; and

(c) He is carrying and capable of attaching to the dog for the purpose of

controlling it, a chain, cord, leash or harness of sufficient strength and

not exceeding the prescribed length.

(3) The exemptions in section 31(2) (other than paragraphs (a) and (b)) also apply

for the purposes of subsection (1).

(4) If a dog is at any time in any place in contravention of subsection (1) every

person liable for the control of the dog at that time commits an offence against

that subsection unless he establishes a defence under section 33B.

Penalty: where the dog is a dangerous dog, $4 000

Otherwise, $1 000

(5) A local government must specify under section 51 (bb) such dog exercise

areas as are, in the opinion of the local government, sufficient in number, and

suitable, for the exercising of dogs in the district.

5.1 Places where dogs are prohibited absolutely

(1) Subject to section 8 of the Act and section 66J of the Equal Opportunity Act 1984, dogs are

prohibited absolutely from entering or being in any of the following places –

(a) a public building, unless permitted by a sign;

(b) a theatre or picture gardens;

(c) all premises or vehicles classified as food premises or food vehicles under the Health

(Food Hygiene) Regulations 1993;

(d) a public swimming pool; and

(e) a public toilet block or changing room;

(f) a cemetery, unless otherwise provided for in the local governments local law relating to

cemeteries.

(2) If a dog enters or is in a place specified in subclause (1), every person liable for the control of

the dog at that time commits an offence.

Penalty: Where the dog is a dangerous dog, $2,000; otherwise $1,000.

Special provisions for guide dogs

S8. (1) Notwithstanding anything contained elsewhere in this Act or in any other Act,

regulation, local law or by-law a person who is blind or partially blind –

(a) is entitled to be accompanied by a dog bona fide used by him as a guide

dog, in any building or place open to or used by the public, for any

purpose, or in any public transport; and

(b) is not guilty of an offence by reason only that he takes that dog into or

permits that dog to enter any building or place open to or used by the

public or on any public transport.

(2) The provisions of subsection (1) shall also apply to any person who is bona

fide engaged in the training of a guide dog.

(3) The Minister may in writing authorize a named person accompanied by a

specified dog to enter and be in any building or place open to or used by the

public for any purpose, or in any public transport, and, notwithstanding

anything in this Act or any other written law, a person acting in accordance

with that authority is not guilty of an offence by reason only that he takes that

dog into or permits that dog to enter any such building, place or transport.

(4) An authority under subsection (3) may be given subject to such conditions and

limitations as the Minister thinks fit, and may at any time be amended or

revoked by him.

5.2 Places which are dog exercise areas

(1) Subject to clause 5.1 and subclause (2) of this clause, for the purposes of sections 31 and 32 of

the Act, the reserve locations listed in Schedule 4 and which are defined by green boundaries

on the maps in Schedule 5, are dog exercise areas.

(2) Subclause (1) does not apply to –

(a) land which has been set apart as a children's playground;

(b) an area being used for sporting or other activities, as permitted by the local government,

during the times of such use; or

(c) a car park.

PART 6 - MISCELLANEOUS

6.1 Offence to excrete

(1) A dog must not excrete on –

(a) any thoroughfare or other public place; or

(b) any land which is not a public place without the consent of the occupier.

(2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the

control of the dog at that time commits an offence.

Penalty: $200.

(3) The person liable for the control of the dog does not commit an offence against subclause (2)

if any excreta is removed immediately by that person.

PART 7 - ENFORCEMENT

7.1 Interpretation

In this Part -

infringement notice means the notice referred to in clause 7.3; and

notice of withdrawal means the notice referred to in clause 7.6(1).


(1) The offences contained in Schedule 3 are offences in relation to which a modified penalty may

be imposed.

(2) The amount appearing in the third column of Schedule 3 directly opposite an offence is the

modified penalty payable in respect of that offence if -

(a) the dog is not a dangerous dog; or

(b) the dog is a dangerous dog, but an amount does not appear in the fourth column directly

opposite that offence.

(3) The amount appearing in the fourth column of Schedule 3 directly opposite an offence is the

modified penalty payable in respect of that offence if the dog is a dangerous dog.

7.3 Issue of infringement notice

Where an authorised person has reason to believe that a person has committed an offence in respect of

which a modified penalty may be imposed, he or she may issue to that person a notice in the form of

Form 7 of the First Schedule of the Regulations.

7.4 Failure to pay modified penalty

Where a person who has received an infringement notice fails to pay the modified penalty within the

time specified in the notice, or within such further time as may in any particular case be allowed by the

CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified

penalty.

7.5 Payment of modified penalty

A person who has received an infringement notice may, within the time specified in that notice or

within such further time as may in any particular case be allowed by the CEO, send or deliver to the

local government the amount of the penalty, with or without a reply as to the circumstances giving rise

to the offence, and the local government may appropriate that amount in satisfaction of the penalty and

issue an acknowledgment.

7.6 Withdrawal of infringement notice

(1) Whether or not the modified penalty has been paid, an authorised person may withdraw an

infringement notice by sending a notice in the form of Form 8 of the First Schedule of the

Regulations.

(2) A person authorised to issue an infringement notice under clause 7.3 cannot sign or send a

notice of withdrawal.

7.7 Service

An infringement notice or a notice of withdrawal may be served on a person personally, or by leaving

it at or posting it to her or his address as ascertained from her or him, or as recorded by the local

government under the Act, or as ascertained from inquiries made by the local government.

Schedule 1 - 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.

OFFICE USE ONLY

Application fee paid on [insert date].

Schedule 2 - 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;

(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

government;

(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

government;

(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.

Schedule 3 - Offences in respect of which modified penalty applies

(clause 7.2)

Offence Nature of offence Modified

penalty

$

Dangerous

Dog

Modified

Penalty

$

2.4(a) Attempting to or causing the unauthorised release of a

dog from a pound

200 400

2.4(b) Interfering with any pound or vehicle used for the

purpose of catching, holding or conveying dogs

200

3.1 Failing to provide means for effectively confining a

dog

50 200

4.9 Failing to comply with the conditions of a licence 200

5.1(2) Dog in place from which prohibited absolutely 200 400

6.1(2) Dog excreting in prohibited place 40

Schedule 5 – Maps of Dog Exercise Areas

PLEASE NOTE THAT THE MAPS WILL BE MODIFIED

TO FIX THE PLACEMENT OF RESERVE NUMBERS

Paraburdoo Peter Sutherland Oval Reserve 39572

Denotes boundary of dog off lead exercise area

Tom Price Tjiluna Oval Reserve 40194

Clem Thompson Oval Reserve 398 57

Reserve 39728


Tom Price Dog Exercise Park Part of Reserve 44839 332

Tom Price Minna Oval Reserve 39907 323


Tom Price Minna Oval Reserve 39907 323


Pannawonica Sporting Oval Reserve 54


Onslow Oval Reserve 30686

Beach areas as designated by signage


Dated: [date].


the presence of —


BREEN, Chief Executive Officer.

jbrayford

Typewritten Text

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