Western Australian Consolidated Acts Western Australian Consolidated Acts (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 of 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 by 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 this 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 but any
such exemption —
(a) may
be made 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 the
provisions of subsection (3), a person who keeps on any premises, not
being premises licensed as an approved kennel establishment, dogs over the age
of 3 months in numbers exceeding any limit imposed in relation to those
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 apply to the State
Administrative Tribunal for a review of the decision.
(6) An application
under subsection (5) cannot be made later than the expiry of a period of
28 days after the day on which a notice of the decision is served on the
person affected by that decision.
[Section 26 amended by No. 23 of 1987
s. 22; No. 14 of 1996 s. 4; No. 24 of 1996 s. 16; No.
55 of 2004 s. 256 and 268.]