Document ID: chunk:federal_register_of_legislation:F2018N00129:front:0:p25
Version: federal_register_of_legislation:F2018N00129
Segment Type: other
Provision Reference: 
Character Range: 61054–63842

so as to abate the nuisance; or
(d)          any combination of these measures that the local government believes to be appropriate to the circumstances.
    Division 2 - Smoke, fumes, odours and other emissions
4.4                     Burning rubbish, refuse or other material
(1)            A person shall not set fire to rubbish, refuse or other materials.
(2)            Subclause (1) does not apply to rural or rural residential zoned lots with the exception of subclause (3) below.
(3)            A person shall not set fire to rubbish, refuse or other materials on rural residential zoned property being less than 2,000 square metres unless;
(a)          approval has first been obtained from the local government;
(b)          the person demonstrates to the satisfaction of the local government that reasonable alternatives for the disposal of the rubbish, refuse or other material do not exist and the potential for pollution is low;
(c)          the material does not include any plastic, rubber, food scraps or other material likely to cause the generation of smoke or odour in such quantity as to cause a nuisance to other persons;
(d)          a haze alert has not been issued by the Bureau of Meteorology for the period during which burning is to take place; and
(e)          the burning complies with the Bush Fires Act 1954 (WA) (CI), any annual fire hazard reduction notice issued by the local government under the Bush Fires Act 1954 (WA) (CI) and any conditions of approval as determined by the local government.
(4)            Subclauses (1) and (3) shall not apply to any barbeque, solid fuel water heater, space heater or ovens fired with dry paper, dry wood, synthetic char or charcoal type fuel.
(5)            Subclause (4) is subject to any fire danger rating as determined by the Bureau of Meteorology.
4.5                     Escape of smoke, fumes, odours and other emissions
An owner or occupier of land or premises shall take reasonable steps not cause or permit the escape of smoke, fumes or odours from the land or premises in such quantity or of such a nature as to cause or to be a nuisance to any person.
    Division 3 - Trucks
4.6                     Livestock vehicles
(1)            A person shall not park a vehicle containing livestock in a townsite for a period in excess of 30 minutes.
(2)            A person shall not park a vehicle which contains or has been used for the carriage of livestock so as to create or be a nuisance to any person, by reason of the odour emanating from the vehicle.
(3)            If a person parks a vehicle containing livestock in a townsite in accordance with subclause (1), then the person does not contravene subclause (2).
4.7                     Truck noise from residential land
A person shall not start or