Dog Regulations 2013

This regulation applies for section 38D(2)(d).

A local government may refuse to grant a pet shop approval if the local government is satisfied that any of the following circumstances apply —

the applicant, or a close associate of the applicant, holds a dog supply approval;

the application for the pet shop approval does not contain, or is not accompanied by, the information, documents or fee specified by regulation 36A;

the applicant previously held a pet shop approval that was cancelled under section 38E(a), (c), (d), (e) or (f);

The Royal Society for the Prevention of Cruelty to Animals, Western Australia gives the local government written notice setting out its grounds for objecting to the grant of the pet shop approval and the local government regards those grounds to be reasonable;

the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of the Animal Welfare Act 2002 gives the local government written notice setting out its grounds for objecting to the grant of the pet shop approval and the local government regards those grounds to be reasonable;

the applicant is not a fit and proper person to hold a pet shop approval.

When determining whether an applicant is a fit and proper person under subregulation (2)(f), the local government must have regard to —

whether the applicant is able to, in a way that ensures the safety, health and wellbeing of the dogs kept for the purposes of the relevant pet shop business —

provide the dogs with adequate care; and

manage the relevant pet shop business;

whether the facilities that the applicant proposes to use, or uses, to keep dogs for the purposes of the relevant pet shop business are adequate, taking into consideration the maximum number of dogs to be kept at any one time; and

how the applicant will assess the suitability of a person to be supplied with a dog in the course of the relevant pet shop business; and

the terms and conditions on which the applicant will accept the return of a dog supplied to a person in the course of the relevant pet shop business; and

whether the applicant is able to comply with section 38K.

A local government may refuse to renew a pet shop approval if the local government is satisfied that any of the following circumstances apply —

the applicant, or a close associate of the applicant, holds a dog supply approval;

the application for the renewal of the pet shop approval does not contain, or is not accompanied by, the information, documents or fee specified by regulation 36B;

The Royal Society for the Prevention of Cruelty to Animals, Western Australia gives the local government written notice setting out its grounds for objecting to the renewal of the pet shop approval and the local government regards those grounds to be reasonable;

the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of the Animal Welfare Act 2002 gives the local government written notice setting out its grounds for objecting to the renewal of the pet shop approval and the local government regards those grounds to be reasonable;

the applicant is not a fit and proper person to hold a pet shop approval.

When determining whether an applicant is a fit and proper person under subregulation (4)(e), the local government must have regard to —

whether the applicant is able to, in a way that ensures the safety, health and wellbeing of the dogs kept for the purposes of the relevant pet shop business —

provide the dogs with adequate care; and

manage the relevant pet shop business;

whether the applicant has complied with any conditions imposed on the pet shop approval; and

for the previous period during which the applicant’s pet shop approval was in effect — whether the applicant was able to ensure the safety, health and wellbeing of the dogs kept for the purposes of the relevant pet shop business, taking into consideration —

the total number of dogs kept for the purposes of the relevant pet shop business; and

the total period of time that each dog was kept for the purposes of the relevant pet shop business; and

the total number of dogs kept for the purposes of the relevant pet shop business that were unable to be supplied in the period, and the whereabouts of each of those dogs.