Shire of Christmas Island Cats Local Law 2018 (Cth)

Shire of Christmas Island Cats Local Law 2018

I, GORDON SINCLAIR THOMSON, President of the Shire of Christmas Island, publish the Shire of Christmas Island Cats Local Law 2018 under subsections 3.12 (5) of the Local Government Act 1995 (W A) as applied by the Christmas Island Act 1958.

Dated 12 April 2018

GORDON SINCLAIR THOMSON

LOCAL GOVERNMENT ACT 1995(WA)(CI)

CATS LOCAL LAW 2018 Local Government Act 1995 (WA)(CI)

SHIRE OF CHRISTMAS ISLAND

CATS LOCAL LAW 2018

Under the powers conferred by the Local Government Act 1995 (WA)(CI) and by all other powers, the Council of the Shire of Christmas Island resolved on 27 March 2018 to make the following local law.

PART 1.-.PRELIMINARY Citation 1.1 This local law may be cited as the Shire of Christmas Island Cats Local Law 2018.

1.2 Commencement In accordance with section 74A of the Interpretation Act 1984 (WA) (CI) (Amendment) Ordinance 1992, the local law must be registered as a notifiable instrument and comes into operation once it has been registered as a notifiable instrument. Notifiable instruments are published in the Federal Register.

Objects 1.3 The objectives of this local law are to – (a) protect the iconic native fauna of Christmas Island; (b) promote responsible cat ownership; (c) control the number of cats kept on premises; (d) require all cats to have identification and be neutered; (e) reduce potential health risks (eg. Toxoplasmosis) and nuisance to the community caused by cats; (f) provide for the impounding and disposal of cats; and (g) prevent the introduction of new cats onto Christmas Island. (h) support efforts to eradicate feral and stray cats from Christmas Island

Definitions 1.4 In this local law unless the context otherwise requires — "Act" means the Local Government Act 1995 (WA)(CI); "applicant" means the occupier of the premises who makes an application for an exemption under this local law; "authorised person" means a person authorised by the local government to perform the functions conferred on an authorised person under this local law; "cat" means a domestic cat of the species Felis catus and includes all domestic, feral and stray cats of that species; "cat prohibited area" means an area of the district designated as a cat prohibited area under Part 5 of this local law; "cat boarding premises" means any premises where a cat is boarded on behalf of the cat's keeper; "CEO" means the Chief Executive Officer of the Shire of Christmas Island; "Council" means the Council of the Shire of Christmas Island; "district" means the district of the local government; "identified cat" means a cat, which is identified under clause 2.1(2); "keeper" in relation to a cat means each of the following persons — (a) the owner of the cat; (b) a person by whom the cat is ordinarily kept; (c) a person who has or appears to have immediate custody or control of the cat; (d) a person who keeps the cat, or has the cat in her or his possession for the time being; (e) a person who occupies any premises in which a cat is ordinarily kept or ordinarily permitted to live; (f) a permit holder or the holder of an exemption issued in relation to a cat; "local government" means the Shire of Christmas Island; "Minister" means the Minister for Territories and Local Government; "neutering" means, castration (removal of the testes) and salpingo-oophorectomy (removal of the ovaries and fallopian tubes), called "neutering" or "spaying" when applied to cats, used to reduce or eliminate sexual behaviour and to prevent conception; "permit" means a permit issued by the local government in relation to the keeping of a cat; "permit holder" means a person who holds a valid permit issued under this local law; "premises" includes: (a) any land and any improvements; and (b) any part of any building in separate ownership or separate occupation, or any unit, flat, townhouse, duplex or apartment; "public place" means any place to which the public has access, and includes a place that is on private property, which the public is allowed to use; "unidentified cat" means a cat, which is not identified under clause 2.1(2); "universal mark of de-sexing via neutering" means the standard symbol, represented in Schedule 3, recognised throughout Australia as the indicator that a cat has been neutered; "veterinary surgeon" means a veterinary surgeon registered under the Veterinary Surgeons Act 1960 (WA)(CI); and "zoning" means a zoning under the local planning scheme of the local government made under the Planning and Development Act 2005(WA)(CI);