City of Canning Local Law Review

Share on Facebook Share on Twitter Share on Linkedin Email this link

The City is seeking your feedback on its proposed new Local Laws. At its Ordinary Council Meeting of 17 March 2020 the City of Canning Council approved the commencement of the local law making procedure in accordance with the Local Government Act for seven new local laws, including;

City of Canning Public Health Local Law 2020

The purpose of the proposed local law is to provide for the regulation of issues that may adversely affect public health or otherwise cause a nuisance. The effect of the proposed local law is the ability to prescribe obligations that apply to the owners or occupiers of land in order to protect public health and the amenity of surrounding residents.

City of Canning Local Government & Public Places Local Law 2020

The purpose of this local law is to provide for the regulation, control and management of activities in public places and thoroughfares and the regulation, control and management of activities and facilities on local government property within the district. The effect of this local law is the control of the use of local government property and activities and trading in thoroughfares and public places. Some activities are permitted only under a licence and some activities are restricted or prohibited. Offences are created for inappropriate behaviour in or on local government property.

City of Canning Waste Local Law 2020

The purpose of the proposed local law is to provide for the regulation, control and management of waste services, including the use and control of receptacles for the deposit and collection of waste, undertaken by or on behalf of the City within the district. The effect of the proposed local law is to establish the requirements with which any owner or occupier of premises using local government waste services, including the use of receptacles for the deposit and collection of waste within the district, must comply.

City of Canning Fencing Local Law 2020

The purpose of the proposed local law is to prescribe a sufficient fence and the standard for the construction of fences throughout the district. The effect of the proposed local law is to establish the minimum requirements for fencing within the district.

City of Canning Dog Local Law 2020

The purpose of the proposed Dog Local Law 2020 is to make provisions about the confinement of dogs, control the number of dogs that can be kept on premises in the district, regulate kennel establishments, and to require removal of dog excreta. The effect of the proposed Dog Local Law 2020 is to extend the controls over dogs which exist under the Dog Act 1976 and Regulations.

City of Canning Cat Local Law 2020

The purpose of the proposed local law is to provide the City of Canning with measures in addition to those under the Cat Act 2011 to control the keeping of cats. The effect of the proposed local law is the ability to control the number of cats that can be kept, places where cats can be kept and licensing of cat management facilities.

City of Canning Parking Amendment Local Law 2020

The purpose of this local law is to make amendments to the City of Canning Parking Local Law 2010 to make reference to updated Regulations, provide a more flexible definition of sign, make it easier to change or amend parking restrictions, to impose a minimum penalty if a person is found guilty of an offence under the local law and to increase modified penalties. The effect of this local law is to amend the City of Canning Parking Local Law 2010 such that a person parking a vehicle within the parking region is to comply with the provisions of the local law.

Background

The City is required under Section 3.16 of the Local Government Act 1995 to review its local laws every eight years. The proposed new laws being introduced will result in the existing laws (with the exception of the Parking Laws, which are only amended) being repealed.

The objectives of the review were:

  • To reduce red tape by removing unnecessary regulation and streamlining administrative processes.

  • Provide improved interpretation and understanding of the law by making legislation easier to use.

  • Rationalise legislation governing issues where there are important inconsistencies or duplication across statutes.

The City’s current local laws that were reviewed, were:

  • City of Canning Consolidated Local Laws 2000

  • City of Canning Control and Keeping of Cats Local Law 2007

  • City of Canning Health Local Laws 1998

  • City of Canning Parking Local Law 2010.

These laws are publicly available on the City’s website.

Making a submission

The City of Canning welcomes your comments and invites written submissions. You can have your say by sending a handwritten submission by post to Locked bag 80 Welshpool WA 6986, fax 9458 2353 or sending an e-mail to customer@canning.wa.gov.au or though this page.

The City has prepared a brief discussion paper to provide information and questions designed to stimulate thought/discussion when considering the proposed new law and help in understanding of the review process and proposed changes.

Submissions on the local laws closed on Thursday 20 August 2020.

Next steps

The City will collate responses and consider all submissions. Council will be further consulted, and approval must be obtained from the CEO of the Department of Water, Environmental Protection for the final Waste Local Law and the CEO of the Department of Health WA for the Public Health Local Law. Once the submissions are considered, and 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 is seeking your feedback on its proposed new Local Laws. At its Ordinary Council Meeting of 17 March 2020 the City of Canning Council approved the commencement of the local law making procedure in accordance with the Local Government Act for seven new local laws, including;

City of Canning Public Health Local Law 2020

The purpose of the proposed local law is to provide for the regulation of issues that may adversely affect public health or otherwise cause a nuisance. The effect of the proposed local law is the ability to prescribe obligations that apply to the owners or occupiers of land in order to protect public health and the amenity of surrounding residents.

City of Canning Local Government & Public Places Local Law 2020

The purpose of this local law is to provide for the regulation, control and management of activities in public places and thoroughfares and the regulation, control and management of activities and facilities on local government property within the district. The effect of this local law is the control of the use of local government property and activities and trading in thoroughfares and public places. Some activities are permitted only under a licence and some activities are restricted or prohibited. Offences are created for inappropriate behaviour in or on local government property.

City of Canning Waste Local Law 2020

The purpose of the proposed local law is to provide for the regulation, control and management of waste services, including the use and control of receptacles for the deposit and collection of waste, undertaken by or on behalf of the City within the district. The effect of the proposed local law is to establish the requirements with which any owner or occupier of premises using local government waste services, including the use of receptacles for the deposit and collection of waste within the district, must comply.

City of Canning Fencing Local Law 2020

The purpose of the proposed local law is to prescribe a sufficient fence and the standard for the construction of fences throughout the district. The effect of the proposed local law is to establish the minimum requirements for fencing within the district.

City of Canning Dog Local Law 2020

The purpose of the proposed Dog Local Law 2020 is to make provisions about the confinement of dogs, control the number of dogs that can be kept on premises in the district, regulate kennel establishments, and to require removal of dog excreta. The effect of the proposed Dog Local Law 2020 is to extend the controls over dogs which exist under the Dog Act 1976 and Regulations.

City of Canning Cat Local Law 2020

The purpose of the proposed local law is to provide the City of Canning with measures in addition to those under the Cat Act 2011 to control the keeping of cats. The effect of the proposed local law is the ability to control the number of cats that can be kept, places where cats can be kept and licensing of cat management facilities.

City of Canning Parking Amendment Local Law 2020

The purpose of this local law is to make amendments to the City of Canning Parking Local Law 2010 to make reference to updated Regulations, provide a more flexible definition of sign, make it easier to change or amend parking restrictions, to impose a minimum penalty if a person is found guilty of an offence under the local law and to increase modified penalties. The effect of this local law is to amend the City of Canning Parking Local Law 2010 such that a person parking a vehicle within the parking region is to comply with the provisions of the local law.

Background

The City is required under Section 3.16 of the Local Government Act 1995 to review its local laws every eight years. The proposed new laws being introduced will result in the existing laws (with the exception of the Parking Laws, which are only amended) being repealed.

The objectives of the review were:

  • To reduce red tape by removing unnecessary regulation and streamlining administrative processes.

  • Provide improved interpretation and understanding of the law by making legislation easier to use.

  • Rationalise legislation governing issues where there are important inconsistencies or duplication across statutes.

The City’s current local laws that were reviewed, were:

  • City of Canning Consolidated Local Laws 2000

  • City of Canning Control and Keeping of Cats Local Law 2007

  • City of Canning Health Local Laws 1998

  • City of Canning Parking Local Law 2010.

These laws are publicly available on the City’s website.

Making a submission

The City of Canning welcomes your comments and invites written submissions. You can have your say by sending a handwritten submission by post to Locked bag 80 Welshpool WA 6986, fax 9458 2353 or sending an e-mail to customer@canning.wa.gov.au or though this page.

The City has prepared a brief discussion paper to provide information and questions designed to stimulate thought/discussion when considering the proposed new law and help in understanding of the review process and proposed changes.

Submissions on the local laws closed on Thursday 20 August 2020.

Next steps

The City will collate responses and consider all submissions. Council will be further consulted, and approval must be obtained from the CEO of the Department of Water, Environmental Protection for the final Waste Local Law and the CEO of the Department of Health WA for the Public Health Local Law. Once the submissions are considered, and 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.

Comment on the Proposed Local Laws

 Please type your comments and feedback here

CLOSED: This discussion has concluded.

Dear City of Canning,1) Thank you for the opportunity to comment on the proposed D20 25848 Draft City of Canning Cat Law 2020.2) Whilst I think cats are amazing animals and bring both enjoyment and company to many people in our community, I also strongly believe that they need to be contained on the private property of their owner/custodian. I feel strongly about this for three reasons:- the impact of domestic cats on neighbourhood nature {disturbing (eg causing them to fly away, stop feeding, expend energy fleeing), killing or maiming birds, reptiles, fish, crustaceans, bats, insects and other fauna eg Quenda, Rakali}- the impact of domestic cats on neighbours and local community fighting, pooing including in our vegetable patch, male cats spraying urine & pheromones on door step to mark “their misguided territory”- the impact of domestic cats on people with allergies (like myself), where just their presence for a short while can cause eye, nose and headache problems – and I am not as sensitive as others.3) I acknowledge and congratulate all the cat owners and custodians who care for their feline company whilst containing them on their private property.4) I strongly support the notion of ‘Cat Prohibited Areas’.5) I am unsure why all parks {eg Nurdi Park (Willetton), Brolga Park (Willetton), Rob Bruce Park (Shelley), Fifth Avenue Park (Shelley), Civic Centre Park (Cannington), Wharf Street Basin (Cannington) etc, etc} are not included? These are important ecological linkages with birds, reptiles, fish, crustaceans, bats, insects and other fauna that need to be protected.I believe this is supported by the City’s Local Biodiversity Strategy, Urban Forest Strategy and Street Tree Policy.6) I support limiting cats to 2 per home.7) I seek clarity that by “nuisance” meaning ‘an illegal activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law’ (Sections 1.5 and 4.1 of proposed Cat Law 2020) means that a cat is causing “nuisance” if it disturbs, harms or kills local native fauna??If not, this aspect of cat impact MUST BE detailed in the cat law.Warm regards,Colma

ColmaK 29 days ago

I support the introduction of a law that will see all cats contained on their owners‘ property.Cats use my property as a hunting ground, killing wildlife including many small reptiles (lizards in particular), birds, and invertebrates. These cats not only inflict a toll on wildlife they also enjoy using my yard as a toilet, defecating in my garden and spraying on the front and back doors. Disgusting!For the past 29 years I have worked along the Shelley, Rossmoyne foreshore in a voluntary capacity to enhance the natural area along the foreshore to provide increased habitat for native fauna.This 6 kilometre strip of foreshore is an important section of an extensive ecological link that forms part of the Urban Forest, Local Biodiversity and Street Tree Strategies established by the City of Canning. Unfortunately, this link in turn becomes a vast hunting ground for cats. Many native birds are ground nesting and feeding and are easy prey for cats as are reptiles and invertebrates. (Note: an entire colony of fairy tern chicks killed by a single cat in Mandurah.)Grecian

Grecian about 1 month ago

1. Cats should not be allowed to roam, just the same as dogs2. Real Estate agents should pay for signage on public land - why do they get free advertising? They also leave out the home open signs intentionally for further free advertising - I say remove and destroy or charge them.3. No trees should be knocked down and new trees should be suitable to the location4. Offer subsidised cat sterilisation - utilise trainee vets from Murdoch?5. Reduce Junk collection to 1 per year - actually monitor the size and content of so called junk as so many people put out cardboard boxes only (not junk should be recycled) and some people put a massive pile out (isn't there a limit?)6. Change the law to have 3 dogs on application by owner (account for foster of homeless dogs as only temporary)

June and Terry about 1 month ago

I refer to the Cat Local Law 2020 City of Canning. I fully support the submission made by the Friends od Wueens Park Bushland.

Donna about 1 month ago

Please make it compulsory to keep cats inside or cat run, especially near parks to many native animals killed by cats roaming at night.

Gerda Vos about 1 month ago

Regards Home open signs. The extended hours are more practical and there is no reason why those of us in the industry cannot comply. This is very fair.However the regulating it to no more than 2 signs per property is problematic for sellers and buyers and I strongly would suggest this be increased to three per home, with no more than one sign for any agent on any intersection. In most cases this would allow one sign directing in from a main road, one on the cross street or feeder road and the third at the end of the street for the home for sale. This will satisfy the needs for most homes. An example of this would be Vahland and Collins, then Collins and Portcullis, then the third on Tippet and Portcullis. In light of ever increasing traffic this will allow buyer to keep their eye on the rd and be directed more easily. This is an important thing for safety on the roads.Secondly I think putting times on the signs can also be problematic. Although easy for us in the industry to do, I have seen instances of drivers slowing to read the times on a sign causing congestion and near misses from behind them. I think having a sign on the main road and then to minor roads it will direct traffic off the busy main rd to the sign on the front lawn of the property where most agents display the time, or allow the buyer to get a contact phone number for the agent without risking tail end collisions.Thirdly sign clutter on intersections should be penalised any agent should be limited to only one sign on any intersection. If they have two homes in the same direction and there is no requirement to have times on the sign there will be no need for more than one sign per intersection.The industry is keen to work with council but do want clear, practical rules that we can comply with and do not penalise ratepayers buying and selling in Canning. We would also like to see all agencies treated the same way with the few recidivist offenders actually penalised.

Don Asplin about 1 month ago

I refer to the City of Canning Cat Local Law2020.I fully support the submission made by the Friends of Queens Park Bushland

Veronica Calder about 1 month ago

The animal control needs to be tighter and enforced. Cat numbers should be restricted to one per property, confined to owners properties at all times. All dogs should be leashed in all public spaces, failure to pickup after your dog should incur hefty fines. Chickens are not suited to suburbia ban them.Leenal

Lionel about 1 month ago

It breaks my heart when I see bird remains on my lawn, I feel cats should be kept inside and controlled. 💔 thank you

Des Wibberley about 1 month ago

We don’t need to be further regulated than we already are. Unimpressed. Re: cat law. I have 3 indoor cats, my neighbour has 3 indoor cats and 1 cat which goes outside. How is the council intending on policing the cat population if residents have indoor only cats?? Is this really a wildlife protection regulation or revenue raising??

Mazza79 about 2 months ago

Cat Local Law 2020This doesn't seem to change anything (?) if you do have 2 cats or less which are licensed and kept in at night. Is that correct?

Merisi about 2 months ago

I agree with Ken re the keeping of poultry and pigeons. An increased limit from 10, to 20 pigeons?? 6 chickens? At a time when the City should be strengthening it animal control problem in light of the avian and zoonotic virus plaguing the world, well It appears they are watering them down. This is a disaster! Wesfeeds and Nufeeds in Welshpool already fuel huge flocks of pigeons, and rabbits in the Arm/Thor train reserve.Currently, flocks of 10-20 feral doves descend on our property every day, defecating and spreading weed seed. People deliberately spreading rice & bread on verges to feed these feral doves, IBIS and other water birds (ducks) creating guano covered roofs. Escaped pet budgie flopping into my backyard. Dogs walkers with no poo bags. Cats from neighbouring streets defecating and urinating on my native plants and soil on a weekly basis.I have seen chickens dumped around draining basins, escapee chickens on footpaths, chickens kept in carports and on sub-divided property, roaming front yards and driveways. I can hear early morning clucking, from my bed.Will the council check if they have vermin proof feeders?? We find bones in our gutters, meat patties and bread dropped on our property (people dumping food, and uncovered composts). Palm trees on rental and vacant property here not being trimmed of fruit (rats love to eat them). Dropped fruit not being collected.Our house is currently affected by a plague of rats. It’s out of control. We do the right thing, yet are punished by the irresponsibility of an increasing number of animal owners.I strongly suggest the City search the ‘Lost and Found Birds Perth WA’ Facebook page and see the sheer scale of the lost bird problem, which its new laws will add to.I’m sorry, but from my experience, I don’t believe we have the demographics that can support a relaxation of animal control laws in the hope that residents are doing the right thing. Living will become very cramped in the City as housing infills, densifies, subdivides wall-to-wall and the population increases, so why is the council effectively lowering our standard of living by increasing the animal population? And what will it do in light of animal viral outbreak?

Queens Park about 2 months ago

I believe that poultry & pigeons should not be kept in residential areas as a large health issue arises.They attract rats,mice and millions of blowflies. I also believe that the council should have better control over barking dogs. I have lived at my residence for forty years but the last five or so years have been made very uncomfortable by barking dogs that even after many complaints to the rangers,still continues.It seems to me that the victim of this offensive noise has to jump through hoops to get anything done while the dogs bark on.

Ken 3 months ago