Document ID: chunk:federal_register_of_legislation:F2018N00128:front:0:p5
Version: federal_register_of_legislation:F2018N00128
Segment Type: other
Provision Reference: 
Character Range: 9556–12273

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;
       (d)  a written acknowledgement that the applicant has read and agrees to comply with any code of practice relating to the keeping of dogs nominated by the local government; and
       (e)  the fee for the application for a licence referred to in clause 4.10 (1).

4.3  Notice of proposed use
    (1)  An applicant for a licence must give notice of the proposed use of the premises as an approved kennel establishment after the application for a licence has been lodged –
       (a)  once in a newspaper circulating in the district; and
       (b)  to the owners and occupiers of any premises adjoining the premises.
    (2)  The notices in subclause (1) must specify that –
       (a)  any written submissions as to the proposed use are to be lodged with the CEO within 14 days of the date the notice is given; and
       (b)  the application and plans and specifications may be inspected at the offices of the local government.
    (3)  Where –
       (a)  the notices given under subclause (1) do not clearly identify the premises; or
       (b)  a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in the opinion of the local government, would fail to serve the purpose of notifying persons of the proposed use of the premises,
    then the local government may refuse to determine the application for a licence until the notices or notice, as the case may be, is given in accordance with its directions.

4.4  Exemption from notice requirements
Where an application for a licence is made in respect of premises on which an approved kennel establishment is either a –
       (a)  permitted use; or
       (b)  use which the local government may approve subject to compliance with specified notice requirements, under a local planning scheme,
then the requirements of clauses 4.2(b), 4.3 and 4.5(b) do not apply in respect of the application for a licence.

4.5 When application can be determined
An application for a licence is not to be determined by the local government until –
       (a)  the applicant has complied with clause 4.2;
       (b)  the applicant submits proof that the notices referred to in clause 4.3(1) have been given in accordance with that clause; and
       (c)  the local government has considered any written submissions received 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