FAQs

•  To provide for the elimination or reduction of threats to the environment and public health, safety and amenity through –

(a) the regulation of the keeping of animals (other than dogs and cats) in terms of types, number, how and where they can be kept;

(b) prescribing minimum standards for keeping of all animals.

(c) prescribing requirements for owners and occupiers of land to manage activities to prevent creating a nuisance including vermin control, refuse control, dust prevention, light, smoke and odour emissions; and

• To repeal redundant provisions of existing City of Kwinana local laws.

The Local Law seeks to repeal:

• Parts of the Health By-Laws 1964
• Urban Environment and Nuisance Local 2003
• Health (Keeping of Horses and Equine Premises) Local Law 1997
• Bee Keeping Local Law 2002
• Piggeries By-Laws 1983

Existing provisions relating to graffiti, truck and vehicle nuisance, private works (on, over or under public places), and disposal of disused refrigerators under the existing Urban Environment and Nuisance Local Law 2003 will be removed as these matters are generally regulated through other existing policies or local laws.

Provisions in the City’s Health By-Laws 1964 relating to sanitation, housing standards and lodging houses will be required to remain in place pending anticipated amendments to the Public Health Act 2016 by State Government.

The Local Law will emulate requirements within existing local laws in relation to the following matters:

• Amusement nuisance
• Light emission or reflection nuisance and use of exterior lighting onto adjoining properties
• Removal of refuse, disused materials, and unsightly overgrowth of vegetation
• Storage of vehicles and machinery
• Containment of stormwater, rainwater, swimming pool water and wastewater
• Hazardous plants and trees
• Measures to prevent or minimise danger or hazard to the public or property from cyclonic activities (or severe weather conditions)
• Containment of dust and liquid waste

Please refer to Council Report.

Every registration or approval granted by the local government relating to the keeping of

poultry, pigeons, pigs, equine and bees under the former provisions has effect as if granted

under this local law.

Where a permit is required under the provisions in this local law, the registration or approval

may be renewed or transferred on application made under this local law, subject to

conditions or restrictions.

There are new standards for cleaning and maintenance associated with keeping of animals.

The City’s emphasis is on educating the community. City officers will aim to give verbal or

written advice about better practices rather than fines. Fines will generally only be given

when repeated direction is not acted upon, or when the activities create an unacceptable

level of risk or threats to the environment, public health, safety and amenity. Fines are

graduated and proportionate to the type of offence.

The City’s emphasis will be on education and the responsibilities of residents in the first six

months. Fines will generally only be issued when repeated direction is not acted upon, or

when the activities create an unacceptable level of risk or threats to the environment, public

health, safety and amenity.

The City will collate responses and consider all submissions. Council will be further

consulted. Once the submissions are considered, the final laws drafted and approvals

sought, the laws will again be presented to Council for final consideration and adoption.

They are then gazetted and referred to the Joint Standing Committee on Delegated

Legislation for final review.

The City of Kwinana welcomes your comments and invites written submissions. You can send your submission via one of the following methods:

1) Online at: Love My Kwinana;

2) By email to: City.Legal@kwinana.wa.gov.au;

3) In writing delivered by hand to City of Kwinana Administration at Corner of Gilmore Ave and Sulphur Rd Kwinana Town Centre (Mon-Fri 8.30am to 4.30pm); or

4) In writing by post to City of Kwinana, PO BOX 21 KWINANA WA 6966.

Only written submission via one of the abovementioned methods will be considered. However, if you want to further clarification, you can also contact the Environmental Health Team on 9439 0475.