Western Australian Consolidated Acts

DOG ACT 1976 - SECT 27

27 .         Licensing of approved kennel establishments

        (1)         Where, pursuant to the provisions of section 26, a local government imposes a limit on 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, and a person proposes to keep dogs to which such a limit applies in numbers exceeding that limit on premises that are not exempt from the limitation he shall apply for the premises in question to be licensed as an approved kennel establishment.

        (2)         A person who keeps, or permits or suffers to be kept, any dog over the age of 3 months of a breed or kind to which that licence applies at an approved kennel establishment otherwise than in accordance with the licence relating to that establishment commits an offence.

        Penalty: $1 000 and a daily penalty of $100.

        (3)         Local laws made under this Act may require that dogs in an approved kennel establishment shall be kept in kennels and yards appropriate to the breed or kind in question and having specifications of a standard not less than that prescribed, sited and maintained in accordance with the requirements of public health, and sufficiently secured.

        (4)         A licence to keep an approved kennel establishment may be granted by a local government on an application made in the prescribed manner and form, which may be required to be supported by evidence that due notice of the proposed use of the land has been given to persons in the locality, and where notice is required to be given the local government shall have regard to any objections raised.

        (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.

        (6)         The cancellation of a licence under this section shall be effected by the service of a notice on the licensee specifying a period at the end of which the licence is cancelled, which shall be a period of not less than 3 months.

        (7)         Where — 

            (a)         the local government refuses the grant of a licence under this section; or

            (b)         notice of the cancellation of a licence under this section is given,

                the applicant or the licensee as the case may be may apply to the State Administrative Tribunal for a review of the decision.

        [Section 27 amended by No. 23 of 1987 s. 23; No. 14 of 1996 s. 4; No. 24 of 1996 s. 16; No. 55 of 2004 s. 257.]

        [Heading inserted by No. 23 of 1987 s. 24.]

        [Heading inserted by No. 24 of 1996 s. 7.]

[ 28.         Deleted by No. 23 of 1987 s. 25.]