Document ID: chunk:federal_register_of_legislation:F2018N00128:front:0:p6
Version: federal_register_of_legislation:F2018N00128
Segment Type: other
Provision Reference: 
Character Range: 12029–14769

within the time specified in clause 4.3(2)(a) on the proposed use of the premises.

4.6 Determination of application
In determining an application for a licence, the local government is to have regard to –
       (a)  the matters referred to in clause 4.7;
       (b)  any written submissions received within the time specified in clause 4.3(2)(a) on the proposed use of the premises;
       (c)  any economic or social benefits which may be derived by any person in the district if the application for a licence is approved;
       (d)  the effect which the kennel establishment may have on the environment or amenity of the neighbourhood;
       (e)  whether the approved kennel establishment will create a nuisance for the owners and occupiers of adjoining premises; and
       (f)  whether or not the imposition of and compliance with appropriate conditions of a licence will mitigate any adverse effects of the approved kennel establishment identified in the preceding paragraphs.

4.7 Where application cannot be approved
The local government cannot approve an application for a licence where –
       (a)  an approved kennel establishment cannot be permitted by the local government on the premises under a local planning scheme; or
       (b)  an applicant for a licence or another person who will have the charge of the dogs will not reside on the premises, or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare.

4.8 Conditions of approval
    (1) The local government may approve an application for a licence subject to the conditions contained in Schedule 2 and to such other conditions as the local government considers appropriate.
    (2) In respect of a particular application for a licence, the local government may vary any of the conditions contained in Schedule 2.

4.9 Compliance with conditions of approval
A licensee who does not comply with the conditions of a licence commits an offence.
Penalty: $5,000

4.10 Fees
    (1) On lodging an application for a licence, the applicant is to pay a fee to the local government.
    (2) If a licensee wishes to renew a licence, the licensee is to pay a fee to the local government.
    (3)  On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the local government.
    (4)  The fees referred to in subclauses (1) to (3) are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act (WA) (CI) 1995.

4.11 Form of licence
    (1)  When an application for a licence is approved under this local law, the local government will issue a licence to the applicant.
    (2)  The licence is to