Document ID: chunk:federal_register_of_legislation:F2018N00128:front:0:p4
Version: federal_register_of_legislation:F2018N00128
Segment Type: other
Provision Reference: 
Character Range: 7184–9788

is fitted with a proper latch or other means of fastening it;
       (d)  maintain the fence and all gates and doors in the fence in good order and condition; and
       (e)  where no part of the premises consists of open space, yard or garden or there is no open space or garden or yard of which the occupier has exclusive use or occupation, ensure that other means exist on the premises (other than the tethering of the dog) for effectively confining the dog within the premises.
    (2)  Where an occupier fails to comply with subclause (1), he or she commits an offence.
Penalty: $2,000.
    (3)  Notwithstanding subclauses (1) and (2), the confinement of dangerous dogs is dealt with in the Act and Regulations.

3.2 Limitation on the number of dogs
    (1)  This clause does not apply to premises which have been –
       (a)  licensed under Part 4 as an approved kennel establishment; or
       (b)  granted an exemption under section 26(3) of the Act.
    (2)  The limit on the number of dogs which may be kept on any premises for the purpose of section 26 (4) of the Act is 2 dogs over the age of 3 months and the youngest of those dogs under that age.

Part 4 - Approved kennel establishments
4.1  Interpretation
In this Part and in Schedule 2 –
    adjoining includes land or premises which have a portion of a common boundary with a lot or is separated from that lot by a public reserve, road, right-of-way, pedestrian access way, access leg of a battleaxe lot or the equivalent not more than 6m in width;
    licence means a licence to keep an approved kennel establishment on premises;
    licensee means the holder of a licence;
    premises, in addition to the meaning given to it in section 3 of the Act, means the premises described in the application for a licence; and
    transferee means a person who applies for the transfer of a licence to her or him under clause 4.14.

4.2  Application for licence for approved kennel establishment
An application for a licence must be made in the form of that in Schedule 1, and must be lodged with the local government together with –
       (a)  plans and specifications of the kennel establishment, including a site plan;
       (b)  copies of the notices to be given under clause 4.3;
       (c)  written evidence that either the applicant or another person who will have the charge of the dogs, will 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;
       (d)  a written acknowledgement that the applicant has read