Application for an exemption to keep animals

2.1 Keeping of poultry and pigeons in a residential zone

Subject to clause 2.4, an owner or occupier of premises in a residential zone shall not keepor permit to be kept on the premises:
(a) more than 6 poultry; or
(b) more than 20 pigeons.

2.2 Conditions for keeping of poultry

A person who keeps poultry or permits poultry to be kept shall ensure that:
(a) no poultry shall be kept less than 9 metres from any residential building on any other lot;
(b) no poultry is able to approach within 9 metres of a public street, public building, commercial premises or food business; and
(c) all structures or enclosures within which poultry are kept are maintained at all times in a clean condition.

2.3 Conditions for keeping of pigeons

A person who keeps pigeons or permits pigeons to be kept shall ensure that:
(a) all pigeons are kept in a properly constructed pigeon loft, except where registered homing pigeons are freed for exercise;
(b) all structures or enclosures within which pigeons are kept are maintained at all times in a clean condition;
(c) no opening to a pigeon loft, including openings for ventilation, is within 9 metres of any residential building on any other lot;
(d) no opening to a pigeon loft, including openings for ventilation, is within 9 metres of a public street, public building, commercial premises or food business.

2.4 Roosters, geese, turkeys and peafowl

Except on land in a rural zone or kennels zone an owner or occupier of premises shall not keep or permit to be kept any:
(a) roosters;
(b) geese or ganders;
(c) turkeys; or
(d) peacocks or peahens.

2.5 Conditions for keeping of aviary birds

A person who keeps, or permits to be kept, aviary birds shall ensure that:
(a) the aviary or cage is kept in a clean condition and good repair at all times;
(b) the aviary or cage in which the birds are kept is located at least 1 metre from any
lot boundary and at least 5 metres from a residential building on any other lot.

2.6 Nuisance caused by birds

An owner or occupier of land shall not keep any bird or birds which:
(a) are or create a nuisance; or
(b) emit an unreasonable noise.

2.7 Application for exemption for keeping of birds

A person may apply in writing for an exemption to compliance with the conditions in clauses 2.1, 2.2(a), 2.2(b), 2.3(c), 2.3(d) or 2.5(b).

The application for an exemption should include:
(a) a statement outlining the reasons why an exemption is sought;
(b) the number of birds proposed to be kept;
(c) a site plan showing lot size, location of enclosure, and the distance of the
enclosure from any boundaries and buildings on adjoining lots; and
(d) proof of membership of a poultry or pigeon club (if applicable).

Prior to granting an exemption, the local government shall take into account the opinions of the owners and occupiers of adjoining properties.

The local government may grant, with or without conditions, or refuse to grant an application for exemption received under this clause.

Where an exemption for the keeping of birds is granted subject to conditions, the holder of the exemption shall comply or cause compliance with those conditions.

A grant of exemption is personal to the applicant and applies only to the land described in the exemption.

The applicant shall notify the local government of any change in the circumstances on which the grant of an exemption was based as soon as the change occurs.

The grant of exemption can be withdrawn by the local government in the event that:

(a) the holder does not comply or cause compliance with the conditions;
(b) there is a change in the circumstances upon which the exemption was granted; or
(c) the birds subject to the exemption cause a nuisance.

2.8 Keeping of farm animals

1. Subject to clauses 2.9 and 2.10, an owner or occupier of premises in a residential zone shall not keep or permit to be kept on the premises more than 2 farm animals.
2.  Subject to clauses 2.9 and 2.10, in a rural zone there is no limit on the number of farm animals that may be kept provided those animals are kept in accordance with the provisions of any local planning scheme applicable to that zone.

2.9 Conditions for keeping farm animals

The owner or occupier of premises upon which farm animals are kept shall:

1. Ensure that the area in which the farm animals are kept has a minimum cleared area of 150 square metres and the farm animals are prevented from approaching within 9 metres of any residential building on any other lot, Class 6 or 9 building, business premises or food business;
2. In the case of horses (other than miniature horses) or cows, ensure that the area in which the horses or cows are kept has a minimum area of one hectare and the horses or cows are prevented from approaching within 9 metres of any residential building on any other lot, Class 6 or 9 building, business premises or food business;
3. Take reasonable measures to -
   (a) keep the premises free from excrement, filth, food waste and all other matter that is likely to become offensive or injurious to health or to attract rodents, vermin, or insects;
   (b) keep the premises, as far as possible, free from flies or vermin, and when directed by an authorised person, spray the premises with residual insecticide or use any other effective means to kill and repel flies or vermin;
   (c) ensure that the portion of the premises on which the farm animals are kept is fenced or walled in a manner capable of confining the animal and, having regard to the species, age, size and condition of the animal, capable of preventing the animal at all times from passing over, under or through it; and
   (d) when directed by an authorised person, clean and disinfect the premises.

2.10 Keeping of pigs

1. Other than in a rural zone an owner or occupier of land shall not keep any pig other than a miniature pig.
2. An owner or occupier of premises in a rural zone shall not keep more than one pig other than a miniature pig and other than on premises registered as a piggery pursuant to the provisions of the Health (Miscellaneous Provisions) Act 1911.D

2.11 Requirements for farm animal shelters

Any stable, enclosure or shelter provided for the keeping of farm animals shall –

(a) not be situated within 9 metres of any residential building on any other lot, Class 6 or 9 building, business premises or food business;
(b) not be situated within one metre of any lot boundary;
(c) provide adequate shelter, drainage and ventilation; and
(d) when required by the local government have a separate stall for each animal.

2.12 Application for exemption for keeping farm animals

1. A person may apply in writing for an exemption from the conditions for keeping farm animals prescribed in clauses 2.8(1), 2.9(1), 2.9(2) or 2.10(2).
2. The application for an exemption should include:
   (a) a statement outlining the reasons why an exemption is sought;
   (b) the number of farm animals proposed to be kept; and
   (c) a site plan showing lot size, location of enclosure, and the distance of the enclosure from any boundaries and buildings on adjoining lots.
3. Prior to granting an exemption, the local government shall take into account the opinions of the owners and occupiers of adjoining properties.
4. The local government may grant, with or without conditions, or refuse to grant an application for exemption received under this clause.
5. Where an exemption for the keeping of farm animals is granted subject to conditions, the holder of the exemption shall comply or cause compliance with those conditions.
6. A grant of exemption is personal to the applicant and applies only to the land described in the exemption.
7. The applicant shall notify the local government of any change in the circumstances on which the grant of an exemption was based as soon as the changes occur.
8. The grant of exemption can be withdrawn by the local government in the event that:
   (a) the holder does not comply or cause compliance with the conditions;
   (b) there is a change in the circumstances upon which the exemption was granted; or
   (c) the animals subject to the exemption cause a nuisance.

2.13 Conditions for keeping of bees

1. A person who keeps bees or bee hives or permits bees or bee hives to be kept shall
   (a) unless exempted under Regulation 13 of the Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013, be registered as a beekeeper;
   (b) provide a good and sufficient water supply on the land which is readily accessible by the bees;
   (c) keep each bee hive:
       (i) at least 9 metres from, any building on any other lot;
       (ii) at least 9 metres from any footpath, street, private street or public place;
       (iii) at least 5 metres from the boundary of the lot
2. A person shall not keep more than
   (a) two bee hives on land of less than 2,000 square metres in area;
   (b) 15 bee hives on land between 2,000 and 20,000 square metres in area

2.14 Nuisance caused by bees

1. A person shall not keep or allow bee hives to be kept on land so as to create a nuisance.

2.15 Application for exemption for keeping bees or bee hives

1. A person may apply in writing for an exemption from the conditions for keeping bee hives prescribed in clause 2.13.
2.  The application for an exemption should include:
   (a) a statement from the person who wants to keep or permit to be kept bees or bee hives, outlining the reasons why an exemption is sought;
   (b) the number of bee hives proposed to be kept;
   (c) a site plan showing lot size, and the location of bee hives and their distance from any boundaries and buildings on any adjoining lots; and
   (d) proof of being a registered bee keeper under Regulation 13 of the Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013.
3. Prior to granting an exemption, the local government shall take into account the opinions of the owners and occupiers of adjoining properties.
4. The local government may grant, with or without conditions, or refuse to grant an application for exemption.
5. Where an exemption for the keeping of bees or bee hives is granted subject to conditions, the holder of the exemption shall comply or cause compliance with those conditions.
6. A grant of exemption is personal to the applicant and applies only to the land described in the exemption.
7. The applicant shall notify the local government of any change in the circumstances on which the grant of an exemption was based as soon as the changes occur.
8. The grant of exemption can be withdrawn by the local government in the event that:
   (a) the holder does not comply or cause compliance with the conditions;
   (b) there is a change in the circumstances upon which the exemption was granted;
   or
   (c) the bee hives subject to the exemption cause a nuisance.

2.16 Notice to remove bee hives

Whenever in the opinion of the local government a person has contravened any provision of this local law which relates to the keeping of bees or bee hives, the local government may give the owner and/or occupier of the land a written notice requiring her or him to remove any bee hives from the land within the time specified in the notice.