{"id":"wa-local:augusta-margaret-river-shire-of-activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2020","name":"Activities in Thoroughfares and Public Places and Trading Amendment Local Law 2020","slug":"activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2020","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437065,"registerId":"wa-local:augusta-margaret-river-shire-of-activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2020-pdf-1775954090348","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES","content":"PART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES\n","sortOrder":0},{"sectionNumber":"Div 1","sectionType":"division","heading":"General","content":"Division 1—General\n2.1 General Prohibitions\n2.2 Activities allowed with a permit- general\n2.3 No possession and consumption of liquor on thoroughfare\nDivision 2—Vehicle Crossing\nSubdivision 1—Temporary Crossings\n2.4 Permit required\nSubdivision 2—Redundant Vehicle Crossings\n2.5 Removal of redundant crossing\nDivision 3—Verge Treatments\n2.6 Application\nSubdivision 2—Permissible Verge Treatments\n2.7 Permissible verge treatments\n2.8 Only permissible verge treatments to be installed\n2.9 Obligations of owner or occupier\n2.10 Notice to owner or occupier\nSubdivision 3—Existing Verge Treatments\n2.11 Transitional provision\nSubdivision 4—Public Works\n2.12 Power to carry out public works on verge\nDivision 4—Property Numbers\nSubdivision 1-Preliminary\n2.13 Interpretation\nSubdivision 2—Assignment and Marking of Numbers\n2.14 Assignment of numbers\n\n","sortOrder":1},{"sectionNumber":"Div 5","sectionType":"division","heading":"Fencing","content":"Division 5—Fencing\n2.15 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\n","sortOrder":2},{"sectionNumber":"Div 6","sectionType":"division","heading":"Signs Erected by the Local Government","content":"Division 6—Signs Erected by the Local Government\n2.16 Signs\n2.17 Transitional\nDivision 7—Driving on a Closed Thoroughfare\n2.18 No driving on closed thoroughfare\nPART 3—ADVERTISING SIGNS ON THOROUGHFARES\n3.1 Interpretation\nDivision 2—Permit\n3.2 Advertising signs and portable direction signs\n3.3 Matters to be considered in determining application for permit\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"Conditions on Permit","content":"Division 3—Conditions on Permit\n3.4 Conditions on portable sign\n3.5 Conditions on election sign\n3.6 Exemption\n3.7 Impounding advertising signs\n","sortOrder":4},{"sectionNumber":"Part 4","sectionType":"part","heading":"OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS","content":"PART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS\nDivision 1—Animals and Vehicles\n4.1 Leaving animal or vehicle in public place or on local government property\n4.2 Prohibitions relating to animals\n","sortOrder":5},{"sectionNumber":"Div 2","sectionType":"division","heading":"Shopping Trolleys","content":"Division 2—Shopping Trolleys\n4.3 Interpretation\n4.4 Shopping trolley to be marked\n4.5 Person not to leave trolley in public place\n4.6 Retailer to remove abandoned trolley\n4.7 Retailer taken to own trolley\n","sortOrder":6},{"sectionNumber":"Part 5","sectionType":"part","heading":"ROADSIDE CONSERVATION","content":"PART 5—ROADSIDE CONSERVATION\n5.1 Interpretation\n5.2 Application\nDivision 2—Flora Roads\n5.3 Declaration of flora road\n5.4 Construction works on flora roads\n5.5 Signposting of flora roads\n5.6 Driving only on carriageway of flora roads\nDivision 3—Special Environmental Areas\n5.7 Designation of special environmental areas\n5.8 Marking of special environmental areas\n","sortOrder":7},{"sectionNumber":"Div 4","sectionType":"division","heading":"Planting in Thoroughfares","content":"Division 4—Planting in Thoroughfares\n5.9 Permit to plant\n5.10 Relevant considerations in determining application\nDivision 5—Clearance of Vegetation\n5.11 Permit to clear\n5.12 Application for permit\nDivision 6—Fire Management\n5.13 Permit to burn thoroughfare\n5.14 Application for permit\n5.15 When application for permit can be approved\n5.16 Prohibitions on burning\n\n","sortOrder":8},{"sectionNumber":"Div 7","sectionType":"division","heading":"Firebreaks","content":"Division 7—Firebreaks\n5.17 Permit for firebreaks on thoroughfares\n5.18 When application for permit cannot be approved\n","sortOrder":9},{"sectionNumber":"Div 8","sectionType":"division","heading":"Commercial Wildflower Harvesting On Thoroughfares","content":"Division 8—Commercial Wildflower Harvesting On Thoroughfares\n5.19 General prohibition on commercial wildflower harvesting\n5.20 Permit for revegetation projects\n","sortOrder":10},{"sectionNumber":"Part 6","sectionType":"part","heading":"TRADING IN THOROUGHFARES AND PUBLIC PLACES","content":"PART 6—TRADING IN THOROUGHFARES AND PUBLIC PLACES\nDivision 1—Stallholders and Traders\n6.1 Interpretation\n6.2 Stallholder’s permit\n6.3 Trader’s permit\n6.4 No permit required to sell newspaper\n6.5 Relevant considerations in determining application for permit\n6.6 Conditions of permit\n6.7 Exemptions from requirement to pay fee or to obtain a permit\n","sortOrder":11},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Conduct of Stallholders and Traders","content":"Subdivision 3—Conduct of Stallholders and Traders\n6.8 Conduct of stallholders and traders\nDivision 2—Street Entertainers\n6.9 Interpretation\n6.10 Permit required to perform\n6.11 Variation of permitted area and permitted time\n6.12 Duration of permit\n6.13 Cancellation of permit\n6.14 Obligations of permit holder\nDivision 3—Outdoor Eating Facilities on Public Places\n6.15 Interpretation\n6.16 Permit required to conduct Facility\n6.17 Matters to be considered in determining application\n6.18 Obligations of permit holder\n6.19 Removal of Facility unlawfully conducted\n6.20 Use of Facility by public\n6.21 Temporary removal of Facility may be requested\n","sortOrder":12},{"sectionNumber":"Part 7","sectionType":"part","heading":"PERMITS","content":"PART 7—PERMITS\nDivision 1—Applying for a Permit\n7.1 Application for permit\n7.2 Decision on application for permit\nDivision 2—Conditions\n7.3 Conditions which may be imposed on a permit\n7.4 Imposing conditions under a policy\n7.5 Compliance with and variation of conditions\nDivision 3—General\n7.6 Duration of permit\n7.7 Renewal of permit\n7.8 Transfer of permit\n7.9 Production of permit\n7.10 Cancellation of permit\n","sortOrder":13},{"sectionNumber":"Part 8","sectionType":"part","heading":"OBJECTIONS AND APPEALS","content":"PART 8—OBJECTIONS AND APPEALS\n8.1 Application of Part 9 Division 1 of Act\n\n","sortOrder":14},{"sectionNumber":"Part 9","sectionType":"part","heading":"MISCELLANEOUS NOTICES","content":"PART 9—MISCELLANEOUS NOTICES\n9.1 Notice to redirect or repair sprinkler\n9.2 Hazardous plants\n9.3 Notice to repair damage to thoroughfare\n9.4 Notice to remove thing unlawfully placed on thoroughfare\n","sortOrder":15},{"sectionNumber":"Part 10","sectionType":"part","heading":"ENFORCEMENT","content":"PART 10—ENFORCEMENT\nDivision 1—Notices Given Under this Local Law\n10.1 Offence to fail to comply with notice\n10.2 Local government may undertake requirements of notice\n10.3 Power of entry into private property\nDivision 2—Offences and Penalties\nSubdivision 1—General\n10.4 Offences\nSubdivision 2—Infringement Notices and Modified Penalties\n10.5 Prescribed offences\n10.6 Forms\n","sortOrder":16},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"PRESCRIBED OFFENCES","content":"SCHEDULE 1—PRESCRIBED OFFENCES\n\nSHIRE OF AUGUSTA MARGARET RIVER\nACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND\nTRADING LOCAL LAW 2020\nUnder the powers conferred by the\nLocal Government Act 1995 and under all other powers enabling\nit, the Council of the Shire of Augusta Margaret River resolved on 12 February 2020 to make this\nlocal law.\n","sortOrder":17},{"sectionNumber":"Part 1","sectionType":"part","heading":"PRELIMINARY","content":"PART 1— PRELIMINARY\nThis local law may be cited as the Shire of Augusta Margaret River Activities in Thoroughfares and\nPublic Places and Trading Local Law 2020.\nThis local law comes into operation 14 days after the date of its commencement in the\nGovernment\nGazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Repeal\nThis local law repeals the\nShire of Augusta Margaret River Activities in Thoroughfares and Public\nPlaces and Trading Local Law 2010 as published in the\nGovernment Gazette on 5 March 2010 and as\namended in the\nGovernment Gazette on 6 September 2011 and 23 December 2013.\n1.5 Definitions\nIn this local law unless the context otherwise requires—\nAct means the\nLocal Government Act 1995;\napplicant means a person who applies for a permit;\nauthorised person means a person authorised by the local government under section 9.10 of the\nAct to perform any of the functions of an authorised person under this local law;\nbuilt-up area has the meaning given to it in the\nbulk rubbish container means a bin or container designed or used for holding a substantial\nquantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does\nnot include a bin or container used in connection with the local government’s regular\ndomestic rubbish collection service;\ncarriageway has the meaning given to it in the\nCEO means the chief executive officer of the local government;\ncommencement day means the day on which this local law comes into operation;\nCouncil means the council of the local government;\ncrossing means a crossing giving access from a public thoroughfare to—\n(a) private land; or\n(b) private thoroughfare serving private land;\ndistrict means the district of the local government;\nfootpath has the meaning given to it in the\ngarden means any part of a thoroughfare planted, developed or treated, otherwise than as a lawn,\nwith one or more plants;\nintersection has the meaning given to it in the\nkerb includes the edge of a carriageway;\nlawn means any part of a thoroughfare which is planted only with grass, or with a similar plant,\nbut will include any other plant provided that it has been planted by the local government;\n\nliquor has the meaning given to it in section 3 of the\nLiquor Control Act 1988;\nlocal government means the Shire of Augusta Margaret River\n;\nlocal government property means anything except a thoroughfare—\n(a) which belongs to the local government;\n(b) of which the local government is the management body under the\nLand Administration\nAct 1997; or\n(c) which is an “otherwise unvested facility” within section 3.53 of the Act;\nlocal planning scheme means a local planning scheme of the local government made under the\nlot has the meaning given to it in the\nowner or occupier in relation to land does not include the local government;\npermissible verge treatment means any one of the 4 treatments described in clause 2.8(2), and\nincludes any reticulation pipes and sprinklers;\npermit means a permit issued under this local law;\npermit holder means a person who holds a valid permit;\nperson does not include the local government;\npremises for the purpose of the definition of “public place” in both this clause and clause 6.1,\nmeans a building or similar structure, but does not include a carpark or a similar place;\npublic place includes any thoroughfare or place which the public are allowed to use, whether or\nnot the thoroughfare or place is on private property, but does not include—\n(a) premises on private property from which trading is lawfully conducted under a written\nlaw; and\n(b) local government property;\nRegulations means the\nLocal Government (Functions and General) Regulations 1996;\nsign includes a notice, flag, mark, structure or device on which may be shown words, numbers,\nexpressions or symbols;\nthoroughfare has the meaning given to it in the Act, but does not include a private thoroughfare\nwhich is not under the management control of the local government;\ntown planning scheme means a town planning scheme of the local government made under the\ntownsite means the townsites within the Shire of Augusta Margaret River district which are—\n(a) constituted under section 26(2) of the\nLand Administration Act 1997; or\n(b) referred to in clause 37 of Schedule 9.3 of the Act;\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels,\ntracks or otherwise; and\n(b) an animal being ridden or driven,\nbut excludes—\n(c) a wheel-chair or any device designed for use by a physically impaired person on a\nfootpath; and\n(d) a pram, a stroller or a similar device.\nverge means that part of a thoroughfare between the carriageway and the land which abuts the\nthoroughfare, but does not include any footpath.\nwritten law has the same meaning given to it by section 5 of\nInterpretation Act 1984 and includes\nthis local law.\nPART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES\nDivision 1—General\n2.1 General prohibitions\n(1) A person shall not—\n(a) plant any plant (except grasses or a similar plant) within 6 meters of an intersection;\n(b) damage a lawn or a garden or remove any plant or part of a plant from a lawn or a garden\nunless—\n(i) the person is the owner or the occupier of the lot abutting that portion of the\nthoroughfare and the lawn or the garden or the particular plant has not been installed\nor planted by the local government; or\n(ii) the person is acting under the authority of a written law;\n(c) plant any plant (except grass or a similar plant) on a thoroughfare so that it is within 1m of a\ncarriageway;\n(d) place on any footpath any fruit, fruit skins or other substance or fluid (whether vegetable or\notherwise, but not water) which may create a hazard for any person using the footpath;\n\n(e) unless at the direction of the local government, damage, remove or interfere with any\nsignpost, direction plate, guidepost, notice, shelter, shed, fence or any structure erected on a\nthoroughfare by the local government or a person acting under the authority of a written law;\n(f) play or participate in any game or sport so as to cause danger to any person or thing or\nimpede the movement of vehicles or persons on a thoroughfare; or\n(g) within a mall, arcade or verandah of a shopping centre, ride any bicycle, skateboard,\nrollerblades or similar device.\n2.2 Activities allowed with a permit—general\n(1) A person shall not, without a permit—\n(a) dig or otherwise create a trench through or under a kerb or footpath;\n(b) subject to Division 3 of this Part, throw, place or deposit anything on a verge except for\nremoval by the local government under a bulk rubbish collection, and then only in accordance\nwith the terms and conditions and during the period of time advertised in connection with\nthat collection by the local government;\n(c) cause any obstruction to a vehicle or a person using a thoroughfare as a thoroughfare;\n(d) cause any obstruction to a water channel or a water course in a thoroughfare;\n(e) throw, place or drain offensive, noxious or dangerous fluid onto a thoroughfare;\n(f) damage a thoroughfare;\n(g) light any fire or burn anything on a thoroughfare other than in a stove or fireplace provided\nfor that purpose or under a permit issued under clause 5.13;\n(h) prune or fell any tree on or onto a thoroughfare;\n(i) unless installing, or in order to maintain, a permissible verge treatment—\n(i) lay pipes under or provide taps on any verge; or\n(ii) place or install anything on any part of a thoroughfare, and without limiting the\ngenerality of the foregoing, any gravel, stone, flagstone, cement, concrete slabs, blocks,\nbricks, pebbles, plastic sheeting, kerbing, wood chips, bark or sawdust;\n(j) provide, erect, install or use in or on any building, structure or land abutting on a\nthoroughfare any hoist or other thing for use over the thoroughfare;\n(k) on a public place use anything or do anything so as to create a nuisance;\n(l) place or cause to be placed on a thoroughfare a bulk rubbish container; or\n(m) interfere with the soil of, or anything in a thoroughfare or take anything from a thoroughfare.\n(2) The local government may exempt a person from compliance with subclause (1) on the application\nof that person.\n2.3 No possession and consumption of liquor on thoroughfare\n(1) A person shall not consume any liquor or have in her or his possession or under her or his control\nany liquor on a thoroughfare unless—\n(a) that is permitted under the\nLiquor Control Act 1988 or under another written law; or\n(b) the person is doing so in accordance with a permit.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\nDivision 2—Vehicle crossing\n","sortOrder":18},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Temporary crossings","content":"Subdivision 1—Temporary crossings\n2.4 Permit required\n(1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the\nlot, the person responsible for the works shall obtain a permit for the construction of a temporary\ncrossing to protect the existing carriageway, kerb, drains and footpath, where—\n(a) a crossing does not exist; or\n(b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely\nto cause damage to the crossing.\n(2) The “person responsible for the works” in subclause (1) is to be taken to be—\n(a) the builder named on the building permit issued under the\nBuilding Act 2011, if one has been\nissued in relation to the works; or\n(b) the registered proprietor of the lot, if no building permit has been issued under the\nBuilding\nAct 2011 in relation to the works.\n(3) If the local government approves an application for a permit for the purpose of subclause (1), the\npermit is taken to be issued on the condition that until such time as the temporary crossing is\nremoved, the permit holder shall keep the temporary crossing in good repair and in such a condition\nso as not to create any danger or obstruction to persons using the thoroughfare.\n","sortOrder":19},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Redundant vehicle crossings","content":"Subdivision 2—Redundant vehicle crossings\n2.5 Removal of redundant crossing\n(1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be\nremoved and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the\nremoval are to be reinstated to the satisfaction of the local government.\n\n(2) The local government may give written notice to the owner or occupier of a lot requiring her or him\nto—\n(a) remove any part of or all of a crossing which does not give access to the lot; and\n(b) reinstate the kerb, drain, footpath, verge and any other part of the thoroughfare, which may\nbe affected by the removal,\nwithin the period of time stated in the notice, and the owner or occupier of the lot shall comply with\nthat notice.\nDivision 3—Verge treatments\n2.6 Application\nThis Division only applies to the townsite.\nSubdivision 2—Permissible verge treatments\n2.7 Permissible verge treatments\n(1) An owner or occupier of land which abuts on a verge may on that part of the verge directly in front\nof her or his land install a permissible verge treatment.\n(2) The permissible verge treatments are—\n(a) the planting and maintenance of a lawn;\n(b) the planting and maintenance of a garden provided that—\n(i) clear sight visibility is maintained at all times for a person using the abutting\nthoroughfare in the vicinity of an intersection or bend in the thoroughfare or using a\ndriveway on land adjacent to the thoroughfare for access to or from the thoroughfare;\nand\n(ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width\nof 2m along that part of the verge immediately adjacent to the kerb;\n(iii) it does not include a wall or built structure; and\n(iv) it is not of a thorny or poisonous nature.\n2.8 Only permissible verge treatments to be installed\n(1) A person shall not install or maintain a verge treatment which is not a permissible verge\ntreatment unless they have obtained—\n(a) a permit issued under this local law where the verge treatment will be in place for less than\n12 months or does not involve any type of construction; or\n(b) in any other case, a permission issued under regulation 17 of the\nLocal Government (Uniform\nLocal Provisions) Regulations 1996.\n2.9 Obligations of owner or occupier\nAn owner or occupier who installs or maintains a permissible verge treatment shall—\n(a) keep the permissible verge treatment in a good and tidy condition and ensure, where the\nverge treatment is a garden or lawn, that a footpath on the verge and a carriageway adjoining\nthe verge is not obstructed by the verge treatment;\n(b) not place any obstruction on or around the verge treatment; and\n(c) not disturb a footpath on the verge.\n2.10 Notice to owner or occupier\nThe local government may give a notice in writing to the owner or the occupier of a lot abutting on a\nverge to make good, within the time specified in the notice, any breach of a provision of this Division.\nSubdivision 3—Existing verge treatments\n2.11 Transitional provision\nformer provisions means the local law of the local government which permitted certain types of\nverge treatments, whether with or without the consent of the local government, and which\nwas repealed by this local law.\n(2) A verge treatment which—\n(a) was installed prior to the commencement day; and\n(b) on the commencement day is a type of verge treatment which was permitted under and\ncomplied with the former provisions,\nis to be taken to be a permissible verge treatment for so long as the verge treatment remains of the\nsame type and continues to comply with the former provisions.\n\n","sortOrder":20},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Public works","content":"Subdivision 4—Public works\n2.12 Power to carry out public works on verge\nWhere the local government or an authority empowered to do so under a written law disturbs a verge,\nthe local government or the authority—\n(a) is not liable to compensate any person for that disturbance;\n(b) may backfill with sand, if necessary, any garden or lawn; and\n(c) is not liable to replace or restore any—\n(i) verge treatment and, in particular, any plant or any acceptable material or other hard\nsurface; or\n(ii) sprinklers, pipes or other reticulation equipment.\nDivision 4—Property numbers\n2.13 Interpretation\nIn this Division, unless the context requires otherwise—\nnumber means a number of a lot with or without an alphabetical suffix indicating the address of\nthe lot by reference to a thoroughfare.\nSubdivision 2—Assignment and marking of numbers\n2.14 Assignment of numbers\nThe local government may assign a number to a lot in the district and may assign another Number to\nthe lot instead of that previously assigned.\nDivision 5—Fencing\n2.15 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\nThe following places are specified as a public place for the purpose of item 4(1) of Division 1 of\n","sortOrder":21},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"1 of the Act—","content":"Schedule 3.1 of the Act—\n(a) a public place, as that term is defined in clause 1.2; and\n(b) local government property.\nDivision 6—Signs erected by the local government\n2.16 Signs\n(1) A local government may erect a sign on a public place specifying any conditions of use which apply\nto that place.\n(2) A person shall comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving\nnotice of the effect of a provision of this local law.\n2.17 Transitional\nWhere a sign erected on a public place has been erected under a local law of the local government\nrepealed by this local law, then on and from the commencement day, it is to be taken to be a sign\nerected under clause 2.17 if—\n(a) the sign specifies a condition of use relating to the public place which gives notice of the effect\nof a provision of this local law; and\n(b) the condition of use specified is not inconsistent with any provision of this local law.\nDivision 7—Driving on a closed thoroughfare\n2.18 No driving on closed thoroughfare\n(1) A person shall not drive or take a vehicle on a closed thoroughfare unless—\n(a) that is in accordance with any limits or exceptions specified in the order made under\nsection 3.50 of the Act; or\n(b) the person has first obtained a permit.\n(2) In this clause—\nclosed thoroughfare means a thoroughfare wholly or partially closed under section 3.50 or 3.50A\nof the Act.\n","sortOrder":22},{"sectionNumber":"Part 3","sectionType":"part","heading":"ADVERTISING SIGNS ON THOROUGHFARES","content":"PART 3—ADVERTISING SIGNS ON THOROUGHFARES\n3.1 Interpretation\nIn this Part, unless the context otherwise requires—\nadvertising sign means a sign used for the purpose of advertisement and includes an “election\nsign”;\n\ndirection sign means a sign which indicates the direction of another place, activity or event, but\ndoes not include any such sign erected or affixed by the local government or the\nCommissioner of Main Roads;\nelection sign means a sign or poster which advertises any aspect of a forthcoming Federal, State\nor Local Government election;\nportable direction sign means a portable free standing direction sign; and\nportable sign means a portable free standing advertising sign.\nDivision 2—Permit\n3.2 Advertising signs and portable direction signs\n(1) A person shall not, without a permit—\n(a) erect or place an advertising sign on a thoroughfare; or\n(b) post any bill or paint, place or affix any advertisement on a thoroughfare.\n(2) Notwithstanding subclause (1), a permit is not required in respect of a portable direction sign\nwhich neither exceeds 500mm in height nor 0.5m2 in area, provided that the sign is placed or erected\non a thoroughfare on an infrequent or occasional basis only to direct attention to a place, activity or\nevent during the hours of that activity or event.\n(3) Notwithstanding subclause (1), a person shall not erect or place an advertising sign—\n(a) over any footpath where the resulting vertical clearance between the sign and the footpath is\nless than 2.5m;\n(b) in any other location where, in the opinion of the local government, the sign is likely to\nobstruct lines of sight along a thoroughfare or cause danger to any person using the\nthoroughfare; or\n(c) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the\nstructural approaches to a bridge.\n3.3 Matters to be considered in determining application for permit\nIn determining an application for a permit for the purpose of clause 3.2(1), the local government is to\nhave regard to—\n(a) any other written law regulating the erection or placement of signs within the district;\n(b) the dimensions of the sign;\n(c) other advertising signs already approved or erected in the vicinity of the proposed location of\nthe sign;\n(d) whether or not the sign will create a hazard to persons using a thoroughfare;\n(e) the amount of the public liability insurance cover, if any, to be obtained by the applicant; and\n(f) any other matters it considers relevant.\nDivision 3—Conditions on permit\n3.4 Conditions on portable sign\nIf the local government approves an application for a permit for a portable sign, the application is to\nbe taken to be approved subject to the following conditions—\n(a) the portable sign shall—\n(i) not exceed 0.8m in height;\n(ii) not exceed 0.6m in width;\n(iii) relate only to the business activity described on the permit;\n(iv) contain letters not less than 200mm in height;\n(v) not be erected in any position other than immediately adjacent to the building or the\nbusiness to which the sign relates;\n(vi) be removed each day at the close of the business to which it relates and not be erected\nagain until the business next opens for trading;\n(vii) be secured in position in accordance with any requirements of the local government;\n(viii) be placed so as not to obstruct or impede the reasonable use of a thoroughfare or access\nto a place by any person; and\n(ix) be maintained in good condition; and\n(b) no more than one portable sign shall be erected in relation to the one building or business.\n3.5 Conditions on election sign\nIf the local government approves an application for a permit for the erection or placement of an\nelection sign on a thoroughfare, the application is to be taken to be approved subject to the sign—\n(a) being erected at least 30m from any intersection;\n(b) being free standing and not being affixed to any existing sign, post, power or light pole, or\nsimilar structure;\n\n(c) being placed so as not to obstruct or impede the reasonable use of a thoroughfare, or access to\na place by any person;\n(d) being placed so as not to obstruct or impede the vision of a driver of a vehicle entering or\nleaving a thoroughfare or crossing;\n(e) being maintained in good condition;\n(f) not being erected until the election to which it relates has been officially announced;\n(g) being removed within 24 hours of the close of polls on voting day;\n(h) not being placed within 100m of any works on the thoroughfare;\n(i) being securely installed;\n(j) not being an illuminated sign;\n(k) not incorporating reflective or fluorescent materials; and\n(l) not displaying only part of a message which is to be read with other separate signs in order to\nobtain the whole message.\n3.6 Exemption\n(1) The local government may exempt the holder of a valid stallholders permit, traders permit, facility\npermit or other event authorisation issued by the local government, from all or part of the\nprohibitions in clause 3.2 in relation to an advertisement that directly relates to the goods and\nservices which are the subject of the permit or authorisation.\n(2) Signs erected by the local government or an authority empowered to do so under a written law are\nexempted from the requirement to obtain a permit.\n3.7 Impounding advertising signs\nAny sign which contravenes clause 3.2 may be removed, impounded or disposed of in accordance with\nSubdivision 4 of Division 3 of Part 3 of the Act and regulation 29 of the Regulations.\nPART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS\nDivision 1—Animals and vehicles\n4.1 Leaving animal or vehicle in public place or on local government property\n(1) A person shall not leave an animal or a vehicle, or any part of a vehicle, in a public place or on\nlocal government property so that it obstructs the use of any part of that public place or local\ngovernment property, unless that person has first obtained a permit or is authorised to do so under a\nwritten law.\n(2) A person will not contravene subclause (1) where the animal is secured or tethered for a period not\nexceeding 1 hour.\n(3) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding\n24 hours.\n4.2 Prohibitions relating to animals\n(1) In subclause (2), “owner” in relation to an animal includes—\n(a) an owner of it;\n(b) a person in possession of it;\n(c) a person who has control of it; and\n(d) a person who ordinarily occupies the premises where the animal is permitted to stay.\n(2) An owner of an animal shall not—\n(a) allow the animal to enter or remain for any time on any thoroughfare except for the use of the\nthoroughfare as a thoroughfare and unless it is led, ridden or driven;\n(b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in a\npublic place; or\n(c) train or race the animal on a thoroughfare.\n(3) An owner of a horse shall not lead, ride or drive a horse on a thoroughfare in a built-up area,\nunless that person does so under a permit or under the authority of a written law.\nDivision 2—Shopping trolleys\n4.3 Interpretation\nIn this Division—\nretailer means a proprietor of a shop in respect of which shopping trolleys are provided for the use\nof customers of the shop; and\nshopping trolley means a wheeled container or receptacle supplied by a retailer to enable a person\nto transport goods.\n4.4 Shopping trolley to be marked\nA retailer shall clearly mark its name or its trading name on any shopping trolley made available for\nthe use of customers.\n\n4.5 Person not to leave trolley in public place\nA person shall not leave a shopping trolley in a public place other than in an area set aside for the\nstorage of shopping trolleys.\n4.6 Retailer to remove abandoned trolley\n(1) If a shopping trolley is found in a public place, other than in an area set aside for the storage of\nshopping trolleys, the local government may advise (verbally or in writing) a retailer whose name is\nmarked on the trolley of the location of the shopping trolley.\n(2) A retailer shall remove a shopping trolley within 24 hours of being so advised under subclause (1),\nunless the retailer—\n(a) requests the local government to collect and deliver the shopping trolley to the retailer; and\n(b) pays any fee for that collection and delivery (imposed and determined under and in\naccordance with sections 6.16 to 6.19 of the Act) within the period specified by the local\ngovernment.\nPART 5—ROADSIDE CONSERVATION\n5.1 Interpretation\nIn this Part—\nMRWA means Main Roads Western Australia;\nspecially protected flora has the meaning given to it in section 5(1) of the\nBiodiversity\nConservation Act 2016;\nthreatened flora has the meaning given to it in section 5(1) of the\nBiodiversity Conservation\nAct 2016; and\nspecial environmental area means an area designated as such under clause 5.7.\n5.2 Application\nThis Part does not apply to the townsite.\nDivision 2—Flora roads\n5.3 Declaration of flora road\nThe local government may declare a thoroughfare which has, in the opinion of the local government,\nhigh quality roadside vegetation to be a flora road.\n5.4 Construction works on flora roads\nConstruction and maintenance work carried out by the local government on a flora road is to be in\naccordance with the “Handbook of Environmental Practice for Road Construction and Road\nMaintenance Works”.\n5.5 Signposting of flora roads\nThe local government may signpost flora roads with the standard MRWA “flora road” sign.\n5.6 Driving only on carriageway of flora roads\n(1) A person driving or riding a vehicle on a flora road shall only drive or ride the vehicle on the\ncarriageway.\n(2) Subclause (1) does not apply where—\n(a) conditions on the thoroughfare do not reasonably permit a vehicle to remain on the\ncarriageway;\n(b) there is no carriageway; or\n(c) an exemption from the application of subclause (1) has been obtained from the local\ngovernment.\nDivision 3—Special environmental areas\n5.7 Designation of special environmental areas\nThe local government may designate a thoroughfare, or any part of a thoroughfare, as a special\nenvironmental area which—\n(a) has specially protected flora or threatened flora; or\n(b) in the opinion of the local government, has environmental, aesthetic or cultural significance.\n5.8 Marking of special environmental areas\nThe local government is to mark and keep a register of each thoroughfare, or part of a thoroughfare,\ndesignated as a special environmental area.\nDivision 4—Planting in thoroughfares\n5.9 Permit to plant\nA person shall not plant any plant or sow any seeds in a thoroughfare without first obtaining a\n\n5.10 Relevant considerations in determining application\nIn determining an application for a permit for the purpose of clause 5.9, the local government is to\nhave regard to—\n(a) existing vegetation within that part of the thoroughfare in which the planting is to take place;\nand\n(b) the diversity of species and the prevalence of the species which are to be planted or sown.\nDivision 5—Clearance of vegetation\n5.11 Permit to clear\nA person shall not clear and maintain in a cleared state, the surface of a thoroughfare within 1m of\nthat person’s land without first obtaining a permit and any other approvals which may be required\nunder any written law.\n5.12 Application for permit\nIn addition to the requirements of clause 7.1(2), a person making an application for a permit for the\npurpose of clause 5.11 shall submit a sketch plan clearly showing the boundary of the person’s land\nand the portions of the thoroughfare joining that person’s land which are to be cleared.\nDivision 6—Fire management\n5.13 Permit to burn thoroughfare\nA person shall not burn part of a thoroughfare without first obtaining a permit or unless acting under\nthe authority of any other written law.\n5.14 Application for permit\nIn addition to the requirements of clause 7.1(2), an application for a permit for the purposes of clause\n5.13 shall—\n(a) include a sketch plan showing the portions of a thoroughfare which are proposed to be\nburned; and\n(b) advise of the estimated fire intensity and the measures to be taken to protect upper storey\nvegetation from the burn.\n5.15 When application for permit can be approved\nThe local government may approve an application for a permit for the purpose of clause 5.13 only if\nthe burning of the particular part of the thoroughfare will—\n(a) reduce a fire hazard and alternative means of reducing that hazard, such as slashing or the\nuse of herbicides, are considered by the local government to be not feasible or more\ndetrimental to native flora and fauna than burning; or\n(b) in the opinion of the local government, be beneficial for the preservation and conservation of\nnative flora and fauna.\n5.16 Prohibitions on burning\nNotwithstanding anything to the contrary in this local law, an application for a permit for the purpose\nof clause 5.13 is not to be approved by the local government—\n(a) for burning between 31 August and 1 May of the following year where the intensity of the\nburn could damage native flora and fauna; or\n(b) in any year to any person for any part of a thoroughfare which is on the opposite side of the\ncarriageway to that portion of the thoroughfare for which a permit to burn has been approved\nin the same year.\nDivision 7—Firebreaks\n5.17 Permit for firebreaks on thoroughfares\nA person shall not construct a firebreak on a thoroughfare without first obtaining a permit.\n5.18 When application for permit cannot be approved\n(1) The local government is not to approve an application for a permit for the purpose of clause 5.17\nwhere the thoroughfare is less than 20m wide.\n(2) Subclause (1) does not apply where the firebreak is, in the opinion of the local government,\ndesirable for the protection of roadside vegetation.\nDivision 8—Commercial wildflower harvesting on thoroughfares\n5.19 General prohibition on commercial wildflower harvesting\nSubject to clause 5.20, a person shall not commercially harvest native flora on a thoroughfare.\n5.20 Permit for revegetation projects\n(1) A person shall not collect seed from native flora on a thoroughfare without first obtaining a\n\n(2) The local government may approve an application for a permit under subclause (1) only where—\n(a) the seed is required for a revegetation project in any part of the district; and\n(b) the thoroughfare, or the relevant part of it, is not a special environmental area.\n(3) Unless the local government specifically provides to the contrary on a permit, if the local\ngovernment approves an application for a permit for the purpose of subclause (1) it is to be taken to be\napproved subject to the following conditions—\n(a) the collection of the seed is to be carried out so as not to endanger the long time survival of\nthe native flora on the thoroughfare; and\n(b) any licence or approval which may be required under any other written law is to be obtained\nby the applicant.\nPART 6—TRADING IN THOROUGHFARES AND PUBLIC PLACES\nDivision 1—Stallholders and traders\n6.1 Interpretation\nIn this Division, unless the context otherwise requires—\nCompetition Principles Agreement means the Competition Principles Agreement executed by\neach State and Territory of the Commonwealth and the Commonwealth of Australia on\n11 April 1995;\npublic place includes—\n(a) any thoroughfare or place which the public are allowed to use whether or not the\nthoroughfare or place is on private property; and\n(b) local government property,\nbut does not include premises on private property from which trading is lawfully conducted\nunder a written law.\nstall means a movable or temporarily fixed structure, stand or table in, on or from which goods or\nservices are sold, hired or offered for sale or hire, funds are solicited, or information displayed\nor provided;\nstallholder means a person in charge of a stall;\nstallholder’s permit means a permit issued to a stallholder;\ntrader means a person who carries on trading;\ntrader’s permit means a permit issued to a trader; and\ntrading includes—\n(a) the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods\nor services in a public place;\n(b) displaying goods in any public place for the purpose of—\n(i) offering them for sale or hire;\n(ii) inviting offers for their sale or hire;\n(iii) soliciting orders for them; or\n(iv) carrying out any other transaction in relation to them;\n(c) the going from place to place, whether or not public places, and—\n(i) offering goods or services for sale or hire; or\n(ii) inviting offers or soliciting orders for the sale or the hire of goods or services;\n(d) the setting up of a stall or the conducting of a business at a stall under the authority of\na stallholder’s permit;\n(e) the selling or the offering for sale of goods and services to, or the soliciting of orders for\ngoods and services from a person who sells those goods or services;\n(f) the selling or the offering for sale or hire by a person of goods of her or his own\nmanufacture or services which he or she provides; and\n(g) the selling or hiring or the offering for sale or hire of—\n(i) goods by a person who represents a manufacturer of the goods; or\n(ii) services by a person who represents a provider of the services,\nwhich are only sold directly to consumers and not through a shop.\n6.2 Stallholder’s permit\n(1) A person shall not conduct a stall on a public place unless that person is—\n(a) the holder of a valid stallholder’s permit; or\n(b) an assistant specified in a valid stallholder’s permit.\n(2) Every application for a stallholder’s permit shall—\n(a) state the full name and address of the applicant;\n\n(b) specify the proposed number of assistants to be engaged by the applicant in conducting the\nstall, as well as their names and addresses if already engaged;\n(c) specify the proposed location of the stall;\n(d) specify the period of time for which the permit is sought, together with the proposed days and\nhours of operation;\n(e) specify the proposed goods or services to be sold or hired or offered for sale or hire from the\nstall; and\n(f) be accompanied by an accurate plan and description of the proposed stall.\n6.3 Trader’s permit\n(1) A person shall not carry on trading unless that person is—\n(a) the holder of a valid trader’s permit; or\n(b) an assistant specified in a valid trader’s permit.\n(2) Every application for a trader’s permit shall—\n(a) state the full name and address of the applicant;\n(b) specify the proposed number of assistants, if any, to be engaged by the applicant in trading,\nas well as their names and addresses if already engaged;\n(c) specify the location or locations in which the applicant proposes to trade;\n(d) specify the period of time for which the permit is sought, together with the proposed days and\nhours of trading;\n(e) specify the proposed goods or services which will be traded; and\n(f) be accompanied by an accurate plan and description of any proposed structure or vehicle\nwhich may be used by the applicant in trading.\n6.4 No permit required to sell newspaper\nNotwithstanding any other provision of this local law, a person who sells, or offers for sale, a\nnewspaper only is not required to obtain a permit.\n6.5 Relevant considerations in determining application for permit\n(1) In determining an application for a permit for the purposes of this Division, the local government\nis to have regard to—\n(a) any relevant policies of the local government;\n(b) the desirability of the proposed activity;\n(c) the location of the proposed activity;\n(d) the principles set out in the Competition Principles Agreement; and\n(e) such other matters as the local government may consider to be relevant in the circumstances\nof the case.\n(2) The local government may refuse to approve an application for a permit under this Division on any\none or more of the following grounds—\n(a) that the applicant is not a desirable or suitable person to hold a permit;\n(b) that—\n(i) the applicant is an undischarged bankrupt or is in liquidation;\n(ii) the applicant has entered into any composition or arrangement with creditors; or\n(iii) a manager, an administrator, a trustee, a receiver, or a receiver and manager has been\nappointed in relation to any part of the applicant’s undertakings or property; or\n(c) such other grounds as the local government may consider to be relevant in the circumstances\nof the case.\n6.6 Conditions of permit\n(1) If the local government approves an application for a permit under this Division subject to\nconditions, those conditions may include—\n(a) the place, the part of the district, or the thoroughfare to which the permit applies;\n(b) the days and hours during which a permit holder may conduct a stall or trade;\n(c) the number, type, form and construction, as the case may be, of any stand, table, structure or\nvehicle which may be used in conducting a stall or in trading;\n(d) the goods or services in respect of which a permit holder may conduct a stall or trade;\n(e) the number of persons and the names of persons permitted to conduct a stall or trade;\n(f) the requirement for personal attendance at the stall or the place of trading by the permit\nholder and the nomination of assistants, nominees or substitutes for the permit holder;\n(g) whether and under what terms the permit is transferable;\n(h) any prohibitions or restrictions concerning the—\n(i) causing or making of any noise or disturbance which is likely to be a nuisance to\npersons in the vicinity of the permit holder;\n(ii) the use of amplifiers, sound equipment and sound instruments;\n\n(iii) the use of signs; and\n(iv) the use of any lighting apparatus or device;\n(i) the manner in which the permit holder’s name and other details of a valid permit are to be\ndisplayed;\n(j) the care, maintenance and cleansing of the stall or any structure used for trading and the\nplace of the stall or any structure;\n(k) the vacating of the place of a stall or trading when the stall is not being conducted or trading\nis not being carried on;\n(l) the acquisition by the stallholder or trader of public risk insurance;\n(m) the period for which the permit is valid; and\n(n) the designation of any place or places where trading is wholly or from time to time prohibited\nby the local government.\n(2) Where a permit holder by reason of illness, accident or other sufficient cause is unable to comply\nwith this local law, the local government may at the request of that permit holder authorise another\nperson to be a nominee of the permit holder for a specified period, and this local law and the\nconditions of the permit shall apply to the nominee as if he or she was the permit holder.\n6.7 Exemptions from requirement to pay fee or to obtain a permit\ncharitable organisation means an institution, association, club, society or body whether\nincorporated or not, the objects of which are of a charitable, benevolent, religious, cultural,\neducational, recreational, sporting or other like nature and from which any member does not\nreceive any pecuniary profit except where the member is an employee or the profit is an\nhonorarium; and\ncommercial participant means any person who is involved in operating a stall or in conducting\nany trading activity for personal gain or profit.\n(2) The local government may waive any fee required to be paid by an applicant for a stallholder’s\npermit or a trader’s permit on making an application for or on the issue of a permit, or may return\nany such fee which has been paid, if the stall is conducted or the trading is carried on—\n(a) on a portion of a public place adjoining the normal place of business of the applicant; or\n(b) by a charitable organisation that does not sublet space to, or involve commercial participants\nin the conduct of a stall or trading, and any assistants that may be specified in the permit are\nmembers of that charitable organisation.\n(3) The local government may exempt a person or a class of persons, whether or not in relation to a\nspecified public place, from the requirements of this Division.\nSubdivision 3—Conduct of stallholders and traders\n6.8 Conduct of stallholders and traders\n(1) A stallholder while conducting a stall or a trader while trading shall—\n(a) display her or his permit to do so in a conspicuous place on the stall, vehicle or temporary\nstructure or if there is no stall, vehicle or temporary structure, carry the permit with her or\nhim while conducting a stall or trading;\n(b) not display a permit unless it is a valid permit; and\n(c) when selling goods by weight, carry and use for that purpose, scales tested and certified in\naccordance with the provisions of the\nNational Measurement Act 1960 (Cth).\n(2) A stallholder or trader shall not—\n(a) deposit or store any box or basket containing goods on any part of a thoroughfare so as to\nobstruct the movement of pedestrians or vehicles;\n(b) act in an offensive manner; or\n(c) use or cause to be used any apparatus or device including any flap or shelf, whereby the\ndimensions of a stall, vehicle or structure are increased beyond those specified in the permit.\nDivision 2—Street entertainers\n6.9 Interpretation\nIn this Division, unless the context otherwise requires—\nperform includes to play a musical instrument, sing, mime, dance, give an acrobatic or aerobic\ndisplay or entertain, draw, paint or perform an art, but does not include public speaking;\npermit means a permit issued for the purpose of clause 6.10;\npermitted area means the area or areas, specified in a permit, in which the permit holder may\nperform; and\npermitted time means the time or times, specified in a permit, during which the permit holder\nmay perform.\n\n6.10 Permit required to perform\nA person shall not perform in a public place without a permit.\n6.11 Variation of permitted area and permitted time\n(1) The local government may by notice in writing to a permit holder vary—\n(a) the permitted area;\n(b) the permitted time; or\n(c) both the permitted area and the permitted time, shown on a permit.\n(2) The local government may direct a permit holder to move from one permitted area to another\npermitted area, if more than one area is specified in a permit.\n6.12 Duration of permit\nA permit is valid for a period determined by the local government unless it is sooner cancelled under\nthis local law.\n6.13 Cancellation of permit\nThe CEO may cancel a permit if in her or his opinion the volume of sound caused by the permit holder\nin connection with the performance adversely affects the enjoyment, convenience or comfort of other\npersons in a public place, or if, in her or his opinion, or in the opinion of an authorised person, the\nperformance otherwise constitutes a nuisance.\n6.14 Obligations of permit holder\nA permit holder shall not in a public place—\n(a) perform wearing dirty, torn or ragged clothing;\n(b) act in an offensive manner; or\n(c) place, install, erect, play or use any musical instrument or any device which emits music,\nincluding a loud speaker or an amplifier—\n(i) other than in the permitted area; and\n(ii) unless the musical instrument or device is specified in the permit.\nDivision 3—Outdoor eating facilities on public places\n6.15 Interpretation\nIn this Division—\nFacility means an outdoor eating facility or establishment on any part of a public place, but does\nnot include such a facility or establishment on private land;\npermit holder means the person to whom a permit has been issued for the purpose of clause 6.16;\nand\npublic place has the meaning given to it in clause 6.1.\n6.16 Permit required to conduct Facility\nA person shall not establish or conduct a Facility without a permit.\n6.17 Matters to be considered in determining application\nIn determining an application for a permit for the purpose of clause 6.16, the local government may\nconsider in addition to any other matter it considers relevant, whether or not—\n(a) the Facility is conducted in conjunction with and as an extension of food premises which abut\non the Facility, and whether the applicant is the person conducting such food premises;\n(b) any abutting food premises are registered in accordance with the\nFood Act 2008 and whether\nthe use of the premises is permitted under the local planning scheme;\n(c) the Facility will comply with any other local law made by the local government;\n(d) users of the Facility will have access to proper and sufficient sanitary and ablutionary\nconveniences;\n(e) the Facility would—\n(i) obstruct the visibility or clear sight lines at an intersection of thoroughfares of any\nperson; or\n(ii) impede pedestrian access; and\n(f) the tables, chairs and other equipment to be used may obstruct or impede the use of the\npublic place for the purpose for which it was designed.\n6.18 Obligations of permit holder\n(1) The permit holder for a Facility shall—\n(a) ensure that the Facility is conducted at all times in accordance with the provisions of this\nlocal law and any local law made by the local government;\n(b) ensure that the eating area is kept in a clean and tidy condition at all times;\n(c) maintain the chairs, tables and other structures in the eating area in a good, clean and\nserviceable condition at all times; and\n\n(d) be solely responsible for all and any costs associated with the removal, alteration, repair,\nreinstatement or reconstruction of any part of the public place arising from the conduct of the\nFacility.\n(2) Whenever, in the opinion of the local government, any work is required to be carried out to a\nFacility, the local government may give a notice to the permit holder for the Facility to carry out that\nwork within the time limited by the notice.\n(3) In subclause (2), “work” includes the removal, alteration, repair, reinstatement or reconstruction\nof any part of a public place arising from or in connection with the setting up or conduct of a Facility.\n6.19 Removal of Facility unlawfully conducted\nWhere a Facility is conducted without a permit, or in contravention of a condition of a permit, any\ntables, chairs, umbrellas or other equipment may be removed by an authorised person and impounded\nin accordance with the Act.\n6.20 Use of Facility by public\n(1) A person shall not occupy a chair or otherwise use the equipment in a Facility the subject of a\npermit unless the person uses them for the purpose of consuming food or drinks provided by the\nFacility.\n(2) A person shall leave a Facility when requested to do so by the permit holder.\n6.21 Temporary removal of Facility may be requested\n(1) The permit holder for a Facility is to temporarily remove the Facility when requested to do so on\nreasonable grounds by an authorised person or a member of the Police Service or an emergency\nservice.\n(2) The permit holder may replace the Facility removed under subclause (1) as soon as the person who\ndirected her or him to remove it allows it to be replaced.\nPART 7—PERMITS\nDivision 1—Applying for a permit\n7.1 Application for permit\n(1) Where a person is required to obtain a permit under this local law, that person shall apply for the\npermit in accordance with subclause (2).\n(2) An application for a permit under this local law shall—\n(a) be in the form determined by the local government;\n(b) be signed by the applicant;\n(c) provide the information required by the form; and\n(d) be forwarded to the CEO together with any fee imposed and determined by the local\ngovernment under and in accordance with sections 6.16 to 6.19 of the Act.\n(3) The local government may require an applicant to provide additional information reasonably\nrelated to an application before determining an application for a permit.\n(4) The local government may require an applicant to give local public notice of the application for a\n(5) The local government may refuse to consider an application for a permit which is not in accordance\nwith subclause (2).\n7.2 Decision on application for permit\n(1) The local government may—\n(a) approve an application for a permit unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a permit.\n(2) If the local government approves an application for a permit, it is to issue to the applicant a permit\nin the form determined by the local government.\n(3) If the local government refuses to approve an application for a permit, it is to give written notice of\nthat refusal to the applicant.\n(4) Where a clause of this local law refers to conditions which may be imposed on a permit or which\nare to be taken to be imposed on a permit, the clause does not limit the power of the local government\nto impose other conditions on the permit under subclause (1)(a).\n(5) Where a clause of this local law refers to the grounds on which an application for a permit may be\nor is to be refused, the clause does not limit the power of the local government to refuse the\napplication for a permit on other grounds under subclause (1)(b).\nDivision 2—Conditions\n7.3 Conditions which may be imposed on a permit\nThe local government may approve an application for a permit subject to conditions relating to—\n(a) the payment of a fee;\n(b) the duration and commencement of the permit;\n(c) the commencement of the permit being contingent on the happening of an event;\n\n(d) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n(e) the approval of another application for a permit which may be required by the local\ngovernment under any written law;\n(f) the area of the district to which the permit applies;\n(g) where a permit is issued for an activity which will or may cause damage to a public place, the\npayment of a deposit or bond against such damage;\n(h) the obtaining of public risk insurance in an amount and on terms reasonably required by the\nlocal government; and\n(i) the provision of an indemnity from the permit holder indemnifying the local government in\nrespect of any injury to any person or any damage to any property which may occur in\nconnection with the use of the public place by the permit holder.\n7.4 Imposing conditions under a policy\npolicy means a policy of the local government adopted by the Council containing conditions\nsubject to which an application for a permit may be approved under clause 7.2(1)(a).\n(2) Under clause 7.2(1)(a) the local government may approve an application subject to conditions by\nreference to a policy.\n(3) The local government is to give a copy of the policy, or the part of the policy which is relevant to\nthe application for a permit, with the form of permit referred to in clause 7.2(2).\n(4) An application for a permit is to be taken not to have been approved subject to the conditions\ncontained in a policy until the local government gives the permit holder a copy of the policy or the\npart of the policy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy is to be taken\nto be information within section 5.94(u)(i) of the Act.\n7.5 Compliance with and variation of conditions\n(1) Where an application for a permit has been approved subject to conditions, or where a permit is to\nbe taken to be subject to conditions under this local law, the permit holder shall comply with each of\nthose conditions.\n(2) The local government may vary the conditions of a permit, and the permit holder shall comply\nwith those conditions as varied.\nDivision 3—General\n7.6 Duration of permit\nA permit is valid for one year from the date on which it is issued, unless it is—\n(a) otherwise stated in this local law or in the permit; or\n(b) cancelled under clause 7.10.\n7.7 Renewal of permit\n(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the\nrenewal of the permit.\n(2) The provisions of—\n(a) this Part; and\n(b) any other provision of this local law relevant to the permit which is to be renewed, shall apply\nto an application for the renewal of a permit with all necessary changes as required.\n7.8 Transfer of permit\n(1) An application for the transfer of a valid permit is to—\n(a) be made in writing;\n(b) be signed by the permit holder and the proposed transferee of the permit;\n(c) provide such information as the local government may require to enable the application to be\ndetermined; and\n(d) be forwarded to the CEO together with any fee imposed and determined by the local\ngovernment under and in accordance with sections 6.16 to 6.19 of the Act.\n(2) The local government may approve an application for the transfer of a permit, refuse to approve it\nor approve it subject to any conditions.\n(3) Where the local government approves an application for the transfer of a permit, the transfer may\nbe effected by—\n(a) an endorsement on the permit signed by the CEO; or\n(b) issuing to the transferee a permit in the form determined by the local government.\n(4) Where the local government approves an application for the transfer of a permit, it is not required\nto refund any part of any fee paid by the former permit holder.\n\n7.9 Production of permit\nA permit holder is to produce to an authorised person her or his permit immediately upon being\nrequired to do so by that authorised person.\n7.10 Cancellation of permit\n(1) Subject to clause 8.1, a permit may be cancelled by the local government if the permit holder has\nnot complied with a—\n(a) condition of the permit; or\n(b) provision of any written law which may relate to the activity regulated by the permit.\n(2) On the cancellation of a permit the permit holder—\n(a) shall return the permit as soon as practicable to the local government; and\n(b) is to be taken to have forfeited any fees paid in respect of the permit.\nPART 8—OBJECTIONS AND APPEALS\n8.1 Application of Part 9 Division 1 of Act\nWhen the local government makes a decision—\n(a) under clause 7.2(1); or\n(b) under clause 7.8; or\n(c) as to whether it will renew, vary, or cancel a permit,\nthe provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations apply to that\ndecision.\nPART 9—MISCELLANEOUS NOTICES\n9.1 Notice to redirect or repair sprinkler\nWhere a lawn or a garden is being watered with a sprinkler which is on the lawn or the garden, in a\nmanner which causes or may cause an inconvenience or obstruction to any person using a\nthoroughfare, the local government may give a notice to the owner or the occupier of the land abutting\non the lawn or the garden, requiring the owner or the occupier or both to move or alter the direction of\nthe sprinkler or other watering equipment.\n9.2 Hazardous plants\n(1) Where a plant in a garden creates or may create a hazard for any person using a thoroughfare, the\nlocal government may give a notice to the owner or the occupier of the land abutting on the garden to\nremove, cut, move or otherwise deal with that plant so as to remove the hazard.\n(2) Subclause (1) does not apply where the plant was planted by the local government.\n9.3 Notice to repair damage to thoroughfare\nWhere any portion of a thoroughfare has been damaged, the local government may by notice to the\nperson who caused the damage order the person to repair or replace that portion of the thoroughfare\nto the satisfaction of the local government.\n9.4 Notice to remove thing unlawfully placed on thoroughfare\nWhere anything is placed on a thoroughfare in contravention of this local law, the local government\nmay by notice in writing to the owner or the occupier of the property which abuts on that portion of\nthe thoroughfare where the thing has been placed, or such other person who may be responsible for\nthe thing being so placed, require the relevant person to remove the thing.\nPART 10—ENFORCEMENT\nDivision 1—Notices given under this local law\n10.1 Offence to fail to comply with notice\nWhenever the local government gives a notice under this local law requiring a person to do anything,\nif the person fails to comply with the notice, the person commits an offence.\n10.2 Local government may undertake requirements of notice\nWhere a person fails to comply with a notice referred to in clause 10.1, the local government may do\nthe thing specified in the notice and recover from that person, as a debt, the costs incurred in so\ndoing.\n10.3 Power of entry into private property\nThis local law is subject to sections 3.25, 3.27 and Schedules 3.1 and 3.2 of the\nLocal Government\nAct 1995 and any power of entry exercised by the local government under this local law is subject to\nPart 3, Division 3, Subdivision 3 of the Act.\n\nDivision 2—Offences and penalties\nSubdivision 1—General\n10.4 Offences\n(1) Any person who fails to do anything required or directed to be done under this local law, or who\ndoes anything which under this local law that person is prohibited from doing, commits an offence.\n(2) Any person who commits an offence under this local law is liable, upon conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding\n$500 for each day or part of a day during which the offence has continued.\nSubdivision 2—Infringement notices and modified penalties\n10.5 Prescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of\nsection 9.16(1) of the Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 1.\n(3) For the purpose of guidance only, before giving an infringement notice to a person in respect of the\ncommission of a prescribed offence, an authorised person should be satisfied that—\n(a) commission of the prescribed offence is a relatively minor matter; and\n(b) only straightforward issues of law and fact are involved in determining whether the\nprescribed offence was committed, and the facts in issue are readily ascertainable.\n10.6 Forms\nUnless otherwise specified, for the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to\nin section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;\n(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the Regulations; and\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of\nthe Regulations.\n————\nSchedule 1\nPRESCRIBED OFFENCES\n(Clause 10.5)\nItem\n$\n1 2.1(a) Plant of 0.75m in height on thoroughfare within 10m of\nintersection\n2 2.1(b) Damaging lawn or garden 125\n3 2.1(c) Plant (except grass) on thoroughfare within 2m of carriageway 125\n4 2.1(d) Placing hazardous substance on footpath 250\n5 2.1(e) Damaging or interfering with signpost or structure on\nthoroughfare\n6 2.1(f) Playing games so as to impede vehicles or persons on\nthoroughfare\n7 2.1(g) Riding of skateboard or similar device on mall or verandah of\nshopping centre\n8 2.2(1)(a) Digging a trench through a kerb or footpath without a permit 125\n9 2.2(1)(b) Throwing or placing anything on a verge without a permit 125\n10 2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without\na permit\n11 2.2(1)(d) Causing obstruction to water channel on thoroughfare without a\n12 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a\n13 2.2(1)(g) Lighting a fire on a thoroughfare without a permit 350\n14 2.2(1)(h) Felling tree onto thoroughfare without a permit 300\n15 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 300\n\nItem\n$\n16 2.2(1)(j) Installing a hoist or other thing on a structure or land for use\nover a thoroughfare without a permit\n17 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 250\n18 2.2(1)(l) Placing a bulk rubbish container on a thoroughfare without a\n19 2.2(1)(m) Interfering with anything on a thoroughfare without a permit 125\n20 2.3(1) Consumption or possession of liquor on thoroughfare 125\n21 2.4(1) Failure to obtain permit for temporary crossing 250\n22 2.5(2) Failure to comply with notice to remove crossing and reinstate\nkerb\n23 2.9(1) Installation of verge treatment other than permissible verge\ntreatment\n24 2.10 Failure to maintain permissible verge treatment or placement of\nobstruction on verge\n25 2.11 Failure to comply with notice to rectify default 125\n26 2.17(2) Failure to comply with sign on public place 125\n27 2.19(1) Driving or taking a vehicle on a closed thoroughfare 350\n28 3.2(1) Placing advertising sign or affixing any advertisement on a\nthoroughfare without a permit\n29 3.2(3) Erecting or placing of advertising sign in a prohibited area 125\n30 4.1(1) Animal or vehicle obstructing a public place or local government\nproperty\n31 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 125\n32 4.2(2)(b) Animal on public place with infectious disease 125\n33 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 125\n34 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 125\n35 4.5 Person leaving shopping trolley in public place other than trolley\nbay\n36 4.6(2) Failure to remove shopping trolley upon being advised of location 125\n37 5.6(1) Driving a vehicle on other than the carriageway of a flora road 250\n38 5.9 Planting in thoroughfare without a permit 250\n39 5.11 Failure to obtain permit to clear a thoroughfare 500\n40 5.13 Burning of thoroughfare without a permit 500\n41 5.17 Construction of firebreak on thoroughfare without a permit 500\n42 5.19 Commercial harvesting of native flora on thoroughfare 500\n43 5.20(1) Collecting seed from native flora on thoroughfare without a\n44 6.2(1) Conducting of stall in public place without a permit 350\n45 6.3(1) Trading without a permit 350\n46 6.8(1)(a) Failure of stallholder or trader to display or carry permit 125\n47 6.8(1)(b) Stallholder or trader not displaying valid permit 125\n48 6.8(1)(c) Stallholder or trader not carrying certified scales when selling\ngoods by weight\n49 6.8(2) Stallholder or trader engaged in prohibited conduct 125\n50 6.10 Performing in a public place without a permit 125\n51 6.11(2) Failure of performer to move onto another area when directed 125\n52 6.14 Failure of performer to comply with obligations 125\n53 6.16 Establishment or conduct of outdoor eating facility without a\n54 6.18 Failure of permit holder of outdoor eating facility to comply with\nobligations\n55 6.20(1) Use of equipment of outdoor eating facility without purchase of\nfood or drink from facility\n\nItem\n$\n56 6.20(2) Failure to leave outdoor eating facility when requested to do so\nby permit holder\n57 7.5 Failure to comply with a condition of a permit 125\n58 7.9 Failure to produce permit on request of authorised person 125\n59 10.1 Failure to comply with notice given under local law 500\n————\nDated: 26 February, 2020.\nThe Common Seal of the Shire of Augusta Margaret River was affixed under the authority of a\nresolution of the Council in the presence of—\nCr IAN EARL, Shire President.\nSTEPHANIE ADDISON-BROWN, Chief Executive Officer.\n\n!2020039GG!\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, MONDAY, 23 MARCH 2020 No. 39 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON\nWESTERN\nAUSTRALIAN\nGOVERNMENT\n_________\nCOUNCIL MEETING\nPROCEDURES\nLOCAL LAW 2020\n\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"March 2020 GOVERNMENT GAZETTE, WA 655","content":"23 March 2020 GOVERNMENT GAZETTE, WA 655\nCOUNCIL MEETING PROCEDURES LOCAL LAW 2020\nARRANGEMENT\n1.3 Purpose and effect\n1.4 Application\n1.5 Interpretation\n1.6 Repeal\nPART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES\n2.1 Establishment of committees\n2.2 Types of committees\n2.3 Delegation of some powers and duties to certain committees\n2.4 Limits on delegation of powers and duties to certain committees\n2.5 Appointment of committee members\n2.6 Tenure of committee membership\n2.7 Resignation of committee members\n2.8 Register of delegations to committees\n2.9 Committees to report\nPART 3—CALLING AND CONVENING MEETINGS\n3.1 Ordinary and Special Council meetings\n3.2 Calling Council meetings\n3.3 Convening Council meetings\n3.4 Calling committee meetings\n3.5 Public notice of meetings\nPART 4—PRESIDING MEMBER AND QUORUM\nDivision 1—Who presides\n4.1 Who presides\n4.2 When the deputy mayor can act\n4.3 Who acts if no mayor\n4.4 Election of Presiding members of committees\n4.5 Election of deputy presiding members of committees\n4.6 Functions of deputy presiding members\n4.7 Who acts if no presiding member\nDivision 2—Quorum\n4.8 Quorum for meetings\n4.9 Reduction of quorum for Council meetings\n4.10 Reduction of quorum for committee meetings\n4.11 Procedure where no quorum to begin a meeting\n4.12 Procedure where quorum not present during a meeting\n4.13 Names to be recorded\nPART 5—BUSINESS OF A MEETING\n5.1 Business to be specified\n5.2 Order of business\n5.3 Motions of which previous notice has been given\n5.4 Adoption by En Bloc Voting\n5.5 Urgent business\n\n","sortOrder":24},{"sectionNumber":"656","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 23 March 2020","content":"656 GOVERNMENT GAZETTE, WA 23 March 2020\nPART 6—PUBLIC PARTICIPATION\n6.1 Meetings generally open to the public\n6.2 Meetings not open to the public\n6.3 Question time for the public\n6.4 Question time for the public at certain meetings\n6.5 Minimum question time for the public\n6.6 Procedures for question time for the public\n6.7 Other procedures for question time for the public\n6.8 Statements by members of the public\n6.9 Distinguished visitors\n6.10 Deputations\n6.11 Petitions\n6.12 Presentations\n6.13 Participation at committee meetings\n6.14 Public Inspection of agenda materials\n6.15 Confidentiality of information withheld\n6.16 Recording of proceedings\n6.17 Prevention of disturbance\nPART 7—CONDUCT OF MEMBERS\n7.1 Members to be in their proper places\n7.2 Respect to the presiding member\n7.3 Titles to be used\n7.4 Advice of entry or departure\n7.5 Members to indicate their intention to speak\n7.6 Priority of speaking\n7.7 Presiding member may take part in debates\n7.8 Relevance\n7.9 Speaking twice\n7.10 Duration of speeches\n7.11 No speaking after conclusion of debate\n7.12 No interruption\n7.13 Personal explanations\n7.14 No re-opening of discussion\n7.15 Adverse reflection\n7.16 Offensive Language\n7.17 Withdrawal of offensive language\nPART 8—PRESERVING ORDER\n8.1 Presiding member to preserve order\n8.2 Point of order\n8.3 Procedures on a point of order\n8.4 Calling attention to breach\n8.5 Ruling by the presiding member\n8.6 Continued breach of order\n8.7 Right of presiding member to adjourn\nPART 9—DEBATE OF SUBSTANTIVE MOTIONS\n9.1 Motions to be stated and in writing\n9.2 Motions to be supported\n9.3 Unopposed business\n9.4 Only one (1) substantive motion at a time\n9.5 Order of call in debate\n9.6 Limit of debate\n9.7 Member may require motion to be read\n9.8 Consent of seconder required for alteration\n9.9 Order of amendments\n9.10 Form of an amendment\n9.11 Amendment must not negate original motion\n9.12 Relevance of amendments\n9.13 Mover of motion may speak on amendment\n9.14 Effect of an amendment\n9.15 Withdrawal of motion or amendment\n9.16 Right of reply\nPART 10—PROCEDURAL MOTIONS\n10.1 Permissible procedural motions\n10.2 No debate\n10.3 Who may move\n10.4 Procedural motions—right of reply on substantive motion\n10.5 Meeting to proceed to the next business\n\n23 March 2020 GOVERNMENT GAZETTE, WA 657\n10.6 Debate to be adjourned\n10.7 Meeting now adjourn\n10.8 Motion to be put\n10.9 Member to be no longer heard\n10.10 Ruling of the presiding member to be disagreed with\n","sortOrder":25},{"sectionNumber":"Part 11","sectionType":"part","heading":"DISCLOSURE OF INTERESTS","content":"PART 11—DISCLOSURE OF INTERESTS\n11.1 Disclosure of interests\n","sortOrder":26},{"sectionNumber":"Part 12","sectionType":"part","heading":"VOTING","content":"PART 12—VOTING\n12.1 Motion—when put\n12.2 Voting\n12.3 Majorities required for decisions\n12.4 Method of taking vote\n","sortOrder":27},{"sectionNumber":"Part 13","sectionType":"part","heading":"MINUTES OF MEETINGS","content":"PART 13—MINUTES OF MEETINGS\n13.1 Keeping of minutes\n13.2 Content of minutes\n13.3 Public inspection of unconfirmed minutes\n13.4 Confirmation of minutes\n","sortOrder":28},{"sectionNumber":"Part 14","sectionType":"part","heading":"ADJOURNMENT OF MEETING","content":"PART 14—ADJOURNMENT OF MEETING\n14.1 Meeting may be adjourned\n14.2 Effect of adjournment\n","sortOrder":29},{"sectionNumber":"Part 15","sectionType":"part","heading":"REVOKING OR CHANGING DECISIONS","content":"PART 15—REVOKING OR CHANGING DECISIONS\n15.1 Requirements to revoke or change decisions\n15.2 Limitations on powers to revoke or change decisions\n15.3 Implementing a decision\n","sortOrder":30},{"sectionNumber":"Part 16","sectionType":"part","heading":"SUSPENSION OF COUNCIL MEETING PROCEDURES LOCAL LAW 2020","content":"PART 16—SUSPENSION OF COUNCIL MEETING PROCEDURES LOCAL LAW 2020\n16.1 Suspension of Council Meeting Procedures Local Law 2020\n16.2 Where standing orders do not apply\n16.3 Cases not provided for in Council Meeting Procedures Local Law 2020\n","sortOrder":31},{"sectionNumber":"Part 17","sectionType":"part","heading":"MEETINGS OF ELECTORS","content":"PART 17—MEETINGS OF ELECTORS\n17.1 Electors’ general meetings\n17.2 Matters for discussion at electors’ general meetings\n17.3 Electors’ special meetings\n17.4 Requests for electors’ special meetings\n17.5 Convening electors’ meetings\n17.6 Who presides at electors’ meetings\n17.7 Procedure for electors’ meetings\n17.8 Participation of non-electors\n17.9 Voting at electors’ meetings\n17.10 Minutes of electors’ meetings\n17.11 Decisions made at electors’ meetings\n","sortOrder":32},{"sectionNumber":"Part 18","sectionType":"part","heading":"ENFORCEMENT","content":"PART 18—ENFORCEMENT\n18.1 Penalty for breach\n18.2 Who can prosecute\n\n23 March 2020 GOVERNMENT GAZETTE, WA 659\nCOUNCIL MEETING PROCEDURES LOCAL LAW 2020\nUnder the powers conferred by the\nLocal Government Act 1995 and under all other powers enabling\nit, the Council of the Town of Bassendean resolved on 25 February 2020 to make the following Local\nLaw.\nThis Local Law may be cited as the\nTown of Bassendean Council Meeting Procedures Local Law 2020.\nThis Local Law comes into operation 14 days after the date of its publication in the\nGovernment\nGazette.\n1.3 Purpose and effect\n(1) This Local Law is to provide the rules for the conduct of meetings of the Council, Committees and\nElectors.\n(2) The effect of this Local Law is intended to result in—\n(a) better decision making by the Council and committees;\n(b) the orderly conduct of meetings dealing with Council business;\n(c) better understanding of the process of conducting meetings; and\n(d) the more efficient and effective use of time at meetings.\n1.4 Application\nAll meetings of the Council, Committees and the electors are to be conducted in accordance with the\nAct, the Regulations and the Local Law.\n1.5 Interpretation\n(1) Unless otherwise defined in this Local Law, the terms and expressions used in this Local Law are\nto have the meaning given to them in the Act and Regulations.\n(2) In this Local Law unless the context otherwise requires—\n75% majority has the meaning given to it in the Act;\nabsolute majority has the meaning given to it in the Act;\nAct means the\nLocal Government Act 1995;\nCEO means the Chief Executive Officer of the Town of Bassendean;\ncommittee means a committee of the Council established under section 5.8 of the Act;\ncommittee meeting means a meeting of a committee;\ncouncil means the Council of the Town of Bassendean;\ndistrict means the District of the Local Government;\nlocal government means the Town of Bassendean;\nmayor means the mayor of the Town or other presiding member at a Council meeting under\nsection 5.6 of the Act;\nmeeting means a meeting of the Council or a committee, as the context requires;\nmember has the meaning given to it in the Act;\npresiding member means—\n(a) in respect of the Council, the person presiding under section 5.6 of the Act; and\n(b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of the\nAct;\nregulations means the\nLocal Government (Administration) Regulations 1996 unless otherwise\nspecified;\n\n","sortOrder":33},{"sectionNumber":"660","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 23 March 2020","content":"660 GOVERNMENT GAZETTE, WA 23 March 2020\nsimple majority means more than 50% of the members present and voting;\nsubstantive motion means an original motion or an original motion as amended, but does not\ninclude an amendment or a procedural motion.\n1.6 Repeal\nThe\nTown of Bassendean Standing Orders Local Law 2011, published in the\nGovernment Gazette on\n","sortOrder":34},{"sectionNumber":"21","sectionType":"section","heading":"April 2011, is repealed.","content":"21 April 2011, is repealed.\nPART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES\n2.1 Establishment of committees\n(1) The establishment of committees is dealt with in the Act.\n(2) A Council resolution to establish a committee under section 5.8 of the Act is to include—\n(a) the terms of reference of the committee;\n(b) the number of council members, officers and other persons to be appointed to the committee;\n(c) the names or titles of the council members and officers to be appointed to the committee;\n(d) the names of other persons to be appointed to the committee or an explanation of the\nprocedure to be followed to determine the appointments; and\n(e) details of the delegation of any powers or duties to the committee under section 5.16 of the\nAct.\n2.2 Types of committees\nThe types of committees are dealt with in the Act.\n2.3 Delegation of some powers and duties to certain committees\nThe delegation of some powers and duties to certain committees is dealt with in the Act.\n2.4 Limits on delegation of powers and duties to certain committees\nThe limits on the delegation of powers and duties to certain committees are dealt with in the Act.\n2.5 Appointment of committee members\nThe appointment of committee members is dealt with in the Act.\n2.6 Tenure of committee membership\nTenure of committee membership is dealt with in the Act.\n2.7 Resignation of committee members\nThe resignation of committee members is dealt with in the Regulations.\n2.8 Register of delegations to committees\nThe Registration of delegations to committees is dealt with in the Act.\n2.9 Committees to report\nA committee—\n(a) is answerable to the Council; and\n(b) is to report on its activities when, and to the extent, required by the Council.\nPART 3—CALLING AND CONVENING MEETINGS\n3.1 Ordinary and Special Council meetings\n(1) Ordinary and Special Council meetings are dealt with in the Act.\n(2) An Ordinary Meeting of Council, held on a monthly basis or otherwise as determined by Council,\nis for the purpose of considering and dealing with the ordinary business of Council.\n(3) A Special Meeting of Council is held for the purpose of considering and dealing with Council\nbusiness that is urgent, complex in nature, for a particular purpose, or confidential.\n3.2 Calling Council meetings\nThe calling of Council meetings is dealt with in the Act.\n3.3 Convening Council meetings\n(1) The convening of a Council meeting is dealt with in the Act.\n(2) Subject to subclause (3), the CEO is to give at least 72 hours’ notice, for the purposes of section 5.5,\nin convening a Special Meeting of the Council.\n(3) Where, in the opinion of the mayor or at least one-third of the members, there is a need to meet\nurgently, the CEO may give a lesser period of notice of a Special Council Meeting.\n3.4 Calling committee meetings\nThe CEO is to call a meeting of any committee when requested by the mayor, the presiding member of\na committee or any two (2) members of that committee.\n3.5 Public notice of meetings\nPublic notice of meetings is dealt with in the Regulations.\n\n23 March 2020 GOVERNMENT GAZETTE, WA 661\nPART 4—PRESIDING MEMBER AND QUORUM\nDivision 1—Who presides\n4.1 Who presides\nWho presides at a Council meeting is dealt with in the Act.\n4.2 When the deputy mayor can act\nWhen the deputy mayor can act is dealt with in the Act.\n4.3 Who acts if no mayor\nWho acts if there is no mayor is dealt with in the Act.\n4.4 Election of Presiding members of committees\nThe election of presiding members of committees and their deputies is dealt with in the Act.\n4.5 Election of deputy presiding members of committees\nThe election of Deputy presiding members of committees is dealt with in the Act.\n4.6 Functions of deputy presiding members\nThe functions of deputy presiding members are dealt with in the Act.\n4.7 Who acts if no presiding member\nWho acts if no presiding member is dealt with in the Act.\nDivision 2—Quorum\n4.8 Quorum for meetings\nThe quorum for meetings is dealt with in the Act.\n4.9 Reduction of quorum for Council meetings\nThe power of the Minister to reduce the number for a quorum and certain majorities is dealt with in\nthe Act.\n4.10 Reduction of quorum for committee meetings\nThe reduction of a quorum for committee meetings is dealt with in the Act.\n4.11 Procedure where no quorum to begin a meeting\nThe procedure where there is no quorum to begin a meeting is dealt with in the Regulations.\n4.12 Procedure where quorum not present during a meeting\nIf at any time during a meeting a quorum is not present, the presiding member is—\n(a) immediately to suspend the proceedings of the meeting for a period of up to 15 minutes; and\n(b) if a quorum is not present at the expiry of that period, the presiding member is to adjourn the\nmeeting to some future time or date.\n4.13 Names to be recorded\nAt any meeting—\n(a) at which there is not a quorum present; or\n(b) which is adjourned for want of a quorum, the names of the members then present are to be\nrecorded in the minutes.\nAt the resumption of an adjourned meeting the only business to be transacted is that which remains\noutstanding on the agenda of the adjourned meeting.\nPART 5—BUSINESS OF A MEETING\n5.1 Business to be specified\n(1) No business is to be transacted at any ordinary meeting of Council other than that specified in the\nagenda, without the approval of the presiding member or the Council.\n(2) No business is to be transacted at a special meeting of Council other than that given in the notice\nas the purpose of the meeting.\n(3) Subject to subclause (4), no business is to be transacted at an adjourned meeting of Council other\nthan that—\n(a) specified in the notice of the meeting which had been adjourned; and\n(b) which remains unresolved.\n(4) Where a meeting is adjourned to the next ordinary meeting of Council then, unless Council\nresolves otherwise, the business unresolved at the adjourned meeting is to be dealt with at that\nOrdinary Meeting, before considering Reports.\n5.2 Order of business\n(1) Unless otherwise decided by the presiding member, the order of business at any Ordinary Meeting\nof Council is to be as follows—\n(a) Declaration of opening; acknowledgement of country; acknowledgement of visitors; disclaimer\n\n","sortOrder":35},{"sectionNumber":"662","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 23 March 2020","content":"662 GOVERNMENT GAZETTE, WA 23 March 2020\n(b) Announcements by the presiding person without discussion\n(c) Attendances, apologies and applications for leave of absence\n(d) Declarations of interest\n(e) Presentations or deputations\n(f) Statements by members of the public on agenda items\n(g) Questions from members of the public\n(h) Petitions\n(i) Confirmation of minutes\n(j) Business deferred from previous meeting\n(k) External committee reports/updates\n(l) Reports\n(m) Motions of which previous notice has been given\n(n) Announcements of notices of motion for the next meeting\n(o) Urgent business\n(p) Confidential business\n(q) Closure.\n(2) The items of business to be dealt with at an Ordinary Meeting of a Committee are—\n(a) Declaration of opening; announcement of visitors; acknowledgement of country\n(b) Announcements by the presiding person without discussion\n(c) Attendances, apologies and applications for leave of absence\n(d) Declarations of interest\n(e) Presentations or deputations\n(f) Public question time and statement by members of the public\n(g) Confirmation of minutes\n(h) Business deferred from previous meeting\n(i) Reports\n(j) Motions of which previous notice has been given\n(k) Announcements of notices of motion for the next meeting\n(l) Confidential business\n(m) Closure.\n(3) The order of business at any Special Meeting of Council or of a Committee shall be in the order in\nwhich it appears in the agenda.\n5.3 Motions of which previous notice has been given\n(1) Unless the Act, Regulations or this Local Law otherwise provide, a member may raise at a\nmeeting—\n(a) such business as he or she considers appropriate;\n(b) in the form of a motion;\n(c) of which notice has been given in writing to the CEO and which has been included on the\nagenda.\n(2) A notice of motion under subclause (1) is to be given at least ten (10) clear working days before the\nmeeting at which the motion is moved.\n(3) A notice of motion is to relate to the good governance of the Local Government.\n(4) The CEO—\n(a) may, with the concurrence of the mayor, exclude from the notice paper any notice of motion\ndeemed to be, or likely to involve, a breach of this Local Law or any other written law;\n(b) will inform members on each occasion that a notice has been excluded and the reasons for\nthat exclusion;\n(c) may, after consultation with the member where this is practicable, make such amendments to\nthe form, but not the substance, as will bring the notice of motion into due form; and\n(d) provide an officer report to accompany the notice of motion that has relevant and material\nfacts and circumstances pertaining to the notice of motion on such matters as strategic\ndirection within the Council’s adopted Strategic Plan, policy, budget and law.\n(5) A motion of which notice has been given is to lapse unless—\n(a) the member who gave notice of it, or some other member authorised by the originating\nmember in writing, moves the motion when called on; or\n(b) the Council on a motion determines to defer consideration of the motion to a later stage or\ndate.\n(6) If a notice of motion is given and lost under subclause (5), a notice of a motion in substantially the\nsame terms or of substantially the same effect is not to be given again for at least three months from\nthe date of such lapse.\n\n23 March 2020 GOVERNMENT GAZETTE, WA 663\n5.4 Adoption by En Bloc Voting\n(1) In this clause\nadoption by en bloc voting means a resolution of the Council that has the effect of\nadopting, for a number of specifically identified reports, the officer recommendation as the Council\nresolution.\n(2) Subject to subclause (3), Council may pass an adoption by en bloc voting.\n(3) An adoption by en bloc voting may not be used for a matter—\n(a) that requires a 75% majority or a special majority;\n(b) in which an interest has been disclosed;\n(c) that has been the subject of a petition or deputation;\n(d) that is a matter on which a member wishes to make a statement; or\n(e) that is a matter on which a member wishes to move a motion that is different to the\nrecommendation.\n5.5 Urgent business\n(1) In accordance with clause 5.2(1)(o) a member may move a motion to consider an item of urgent\nbusiness that is not included in the agenda for that meeting provided that—\n(a) the presiding member has first consented to the urgent business being raised;\n(b) the presiding member considers that either—\n(i) the urgency of the business cannot wait for inclusion in the agenda for the next\nOrdinary Meeting of Council; or\n(ii) the delay caused by referring the business to the next Ordinary Meeting of Council may\nhave adverse legal, reputational or financial implications for the local government; and\n(iii) other than a motion to revoke a decision, the item of urgent business is presented in the\nform of a report generated by an officer or the CEO, a copy of which is to be provided to\nmembers prior to the commencement of the meeting.\n(2) Where Council agrees to consider such item of urgent business, then it is to be dealt with in\naccordance with the order of business at clause 5.2(1)(o).\n(3) In this clause, urgent business includes—\n(a) matters that have arisen after the preparation of the agenda; and\n(b) that are considered by the Presiding Officer, or the CEO, or a member moving a motion\nreferred in clause 5.3, to be of such urgency that the matters cannot be dealt with\nadministratively by the Local Government, and must be considered and dealt with by Council\nbefore the next meeting.\nPART 6—PUBLIC PARTICIPATION\n6.1 Meetings generally open to the public\nMeetings being generally open to the public is dealt with in the Act.\n6.2 Meetings not open to the public\n(1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members\nof the public.\n(2) The Council or a committee, in one (1) or more of the circumstances dealt with in the Act, may at\nany time by resolution, decide to close a meeting or part of a meeting.\n(3) If a resolution under subclause (2) is carried—\n(a) the presiding member is to direct everyone to leave the meeting except—\n(i) the members;\n(ii) the CEO; and\n(iii) any officer or other person specified by the presiding member.\n(b) the meeting is to be closed to the public until, at the conclusion of the matter justifying the\nclosure of the meeting to the public, the Council or the committee, by resolution, decides\n(4) A person who fails to comply with a direction under subclause (3)(a) may, by order of the presiding\nmember, be removed from the meeting.\n(5) While the resolution under subclause (2) remains in force, the operation of clause 7.9 (speaking\ntwice) is to be suspended unless the Council or the committee, by resolution, decides otherwise.\n(6) A resolution under subclause (5) may be made without notice.\n(7) Unless the Council resolves otherwise, once the meeting is re-opened to members of the public, the\npresiding member is to ensure that any resolution of the Council, made while the meeting was closed,\nis to be read out, including a vote of a Member to be included in the minutes.\n6.3 Question time for the public\nQuestion time for the public is dealt with in the Act.\n6.4 Question time for the public at certain meetings\nQuestion time for the public at certain meetings is dealt with in the Regulations.\n\n","sortOrder":36},{"sectionNumber":"664","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 23 March 2020","content":"664 GOVERNMENT GAZETTE, WA 23 March 2020\n6.5 Minimum question time for the public\nMinimum question time for the public is dealt with in the Regulations.\n6.6 Procedures for question time for the public\nProcedures for question time for the public are dealt with in the Regulations.\n6.7 Other procedures for question time for the public\n(1) A member of the public who raises a question during question time, is to state his or her name and\naddress.\n(2) A question may be taken on notice by the Council for later response.\n(3) When a question is taken on notice the CEO is to ensure that—\n(a) a response is given to the member of the public in writing; and\n(b) a summary of the response is included in the agenda of the next meeting of the Council.\n(4) Where a question relating to a matter in which a relevant person has an interest is directed to the\nrelevant person, the relevant person is to—\n(a) declare that he or she has an interest in the matter; and\n(b) allow another person to respond to the question.\n(5) Each member of the public with a question is entitled to ask up to two (2) questions before other\nmembers of the public will be invited to ask their questions.\n(6) Questions to be considered by Council are to be respectful and temperate in language.\n(7) The presiding member may decide that a public question shall not be responded to where—\n(a) the same or similar question was asked at a previous meeting, a response was provided and\nthe member of the public is directed to the minutes of the meeting at which the response was\nprovided;\n(b) the member of the public uses public question time to make a statement, provided that the\npresiding member has taken all reasonable steps to assist the member of the public to phrase\nthe statement as a question; or\n(c) the member of the public asks a question that is offensive or defamatory in nature, provided\nthat the presiding member has taken all reasonable steps to assist the member of the public\nto phrase the question in a manner that is not offensive or defamatory.\n(8) A member of the public shall have two (2) minutes to submit a question.\n(9) The Council, by resolution, may agree to extend public question time.\n(10) Where an answer to a question is given at a meeting, a summary of the question and the answer\nis to be included in the minutes.\n6.8 Statements by members of the public\n(1) Each person wishing to make a statement to the Council on items listed on the agenda, will be\ninvited by the presiding member to do so, stating their name and address, and to which item(s) listed\non the agenda.\n(2) The presiding member may rule that the subject matter does not relate to the current agenda, and\nthat the statement not be heard.\n(3) The presiding member will determine the order of speakers to address the Council.\n(4) The public statement session will be restricted to 15 minutes unless the Council, by resolution,\ndecides otherwise.\n(5) Each person is restricted to one (1) statement of up to two (2) minutes unless the Council, by\ndecision, determines that they may speak for no more than a further two (2) minutes.\n(6) Statements to be considered by Council are to be respectful and temperate in language.\n(7) The presiding member may suspend or adjourn the statement session, at any time, and any person\naddressing the Council will resume their seat when called upon to do so by the presiding member.\n(8) The presiding member shall suspend the public address session if the person making the\nstatement resorts to personal denigration of any person or persons.\n(9) The presiding member may—\n(a) comment on the statement given; or\n(b) call upon a Councillor or Officer to comment.\n(10) The Councillor or Officer may decline to comment.\n(11) If the subject matter of the statement has not been considered by the Council, no substantive\ncomment shall be offered.\n(12) Any comments shall not exceed three (3) minutes.\n(13) Any breach of the Council Meeting Procedures Local Law 2020 may result in the person being\nprohibited from addressing the meeting at which the breach occurs.\n6.9 Distinguished visitors\nIf a distinguished visitor is present at a meeting of the Council, the presiding member may\nacknowledge the presence of the distinguished visitor at an appropriate time during the meeting, and\nthe presence of that visitor shall be recorded in the minutes.\n\n23 March 2020 GOVERNMENT GAZETTE, WA 665\n6.10 Deputations\n(1) Any person or group wishing to be received as a deputation by the Council is to either—\n(a) apply, before the meeting, to the CEO for approval; or\n(b) with the approval of the presiding member, address the Council.\n(2) The CEO may either—\n(a) approve the request and invite the deputation to attend a meeting of the Council; or\n(b) refer the request to the Council to decide by simple majority whether or not to receive the\ndeputation.\n(3) Unless the council resolves otherwise, a deputation invited to attend a Council meeting—\n(a) is not to exceed five (5) persons, only two (2) of whom may address the Council, although\nothers may respond to specific questions from members;\n(b) is not to address the Council for a period exceeding ten (10) minutes without the agreement of\nthe Council; and\n(c) additional members of the deputation may be allowed to speak with the leave of the presiding\nmember.\n(4) Any matter which is the subject of a deputation to the Council is not to be decided by the Council\nuntil the deputation has completed its presentation.\n6.11 Petitions\n(1) A petition is to—\n(a) be addressed to the Mayor;\n(b) be made by electors of the district;\n(c) state the request on each page of the petition;\n(d) contain the legible names, addresses and signatures of each elector making the request, and\nthe date each elector signed;\n(e) contain a summary of the reasons for the request;\n(f) state the name of the person to whom, and an address at which, notice to the petitioners can\nbe given; and\n(g) be respectful and temperate in language; and\n(h) comply with any prescribed form pursuant to the Act or any other written law.\n(2) On presentation of a petition, the petition is to be received and referred for CEO report.\n(3) At any meeting, the Council is not to vote on a matter the subject of a petition, unless—\n(a) the matter is the subject of a CEO report included in the agenda; and\n(b) the Council has considered the issues raised in the petition.\n6.12 Presentations\n(1) In this clause, a\npresentation means the acceptance of a gift or an award by the Council on behalf\nof the Town or the community.\n(2) A presentation may be made to the Council at a meeting only with the prior approval of the CEO.\n6.13 Participation at committee meetings\n(1) In this clause a reference to a\nperson is to a person who—\n(a) is entitled to attend a committee meeting;\n(b) attends a committee meeting; and\n(c) is not a member of that committee.\n(2) Without the consent of the presiding member, no person is to address a committee meeting.\n(3) The presiding member of a committee may allow a person to make an oral submission to the\ncommittee for up to three (3) minutes.\n(4) A person addressing the committee with the consent of the presiding member is to cease that\naddress immediately after being directed to do so by the presiding member.\n(5) A person who fails to comply with a direction of the presiding member under subclause (4) may, by\norder of the presiding member, be removed from the committee room.\n(6) The Council may make a policy dealing with the circumstances in which a person may be given\nconsent to address a committee meeting.\n6.14 Public Inspection of agenda materials\nThe right of the public to inspect the documents referred to, and in accordance with the regulation 14,\nof the Regulations may be exercised at the Town of Bassendean—\n(a) Administration Office, 35 Old Perth Road, Bassendean;\n(b) Memorial Library; and\n(c) Website.\n6.15 Confidentiality of information withheld\n(1) Information withheld by the CEO from members of the public under the Regulations is to be—\n(a) identified in the agenda of a Council or committee meeting under item\nconfidential business;\n\n","sortOrder":37},{"sectionNumber":"666","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 23 March 2020","content":"666 GOVERNMENT GAZETTE, WA 23 March 2020\n(b) marked as\nconfidential in the agenda; and\n(c) kept confidential by members and employees until the Council or Committee resolves\n(2) A member or an employee who has—\n(a) confidential information under subclause (1); or\n(b) information that is provided or disclosed for the purpose of or during a meeting, or part of a\nmeeting, that is closed to the public,\nis not to disclose any of that information to any person, other than another member or an employee, to\nthe extent necessary for the purpose of carrying out his or her duties.\n(3) Subclause (2) does not prevent a member or an employee from disclosing information—\n(a) at a closed meeting;\n(b) to the extent specified by the Council and subject to such other conditions as the Council\ndetermines;\n(c) that is already in the public domain;\n(d) to an officer of the Department;\n(e) to the Minister;\n(f) to a legal practitioner for the purpose of obtaining legal advice; or\n(g) if the disclosure is required or permitted by law.\n6.16 Recording of proceedings\n(1) A person is not to use any form of audio, visual or other recording device to record the proceedings\nof Council, without the expressed permission of the presiding member.\n(2) Council will record the meeting for minute taking purposes.\n(3) Council cannot guarantee the accuracy or the quality of recordings.\n(4) Recordings of a Council meeting cannot be assumed to be a complete record of proceedings.\n6.17 Prevention of disturbance\n(1) A reference in this clause to a\nperson is to a person other than a member.\n(2) A person addressing the Council must extend due courtesy and respect to the Council or the\nCommittee, and the processes under which it operates.\n(3) A person present at or observing a meeting must not create a disturbance at a meeting by\ninterrupting or interfering with the proceedings, whether by expressing approval or dissent, by\nconversing or by any other means.\n(4) A person addressing or present at a meeting must comply with any direction by the presiding\nmember.\n(5) A person shall ensure that his or her mobile telephone, or any other audible device, is switched off\nand is not used during any meeting of the Council.\n(6) The presiding member may warn a person who fails to comply with this clause.\n(7) If, after being warned, the person—\n(a) acts contrary to this clause, or to this Local Law; or\n(b) refuses or fails to comply with a direction by the presiding member,\nthe presiding member may expel the person from the meeting by ordering him or her to leave the\nmeeting room.\n(8) A person who is ordered to leave the meeting room, and fails to do so may, by order of the\npresiding member—\n(a) be removed from the meeting room; and\n(b) from the premises, by further order of the presiding member.\nPART 7—CONDUCT OF MEMBERS\n7.1 Members to be in their proper places\n(1) At the first meeting held after each Election Day, the CEO is to draw lots for the seating\narrangements of the Councillors in the Chamber.\n(2) Each member is to occupy his or her allotted position at each Council meeting.\n7.2 Respect to the presiding member\nAfter the business of a Council has been commenced, a member is not to enter or leave the meeting\nwithout first paying due respect to the presiding member.\n7.3 Titles to be used\nA speaker, when referring to the mayor, deputy mayor or presiding member, or a member or officer, is\nto use the title of that person’s office.\n7.4 Advice of entry or departure\n(1) During the course of a meeting of the Council, a member is not to enter or leave the meeting\nwithout first advising the presiding member.\n(2) The time of entry or departure is to be recorded in the minutes.\n\n23 March 2020 GOVERNMENT GAZETTE, WA 667\n7.5 Members to indicate their intention to speak\nA member of the Council who wishes to speak is to indicate his or her intention to speak by—\n(a) raising his or her hand; or\n(b) by another method agreed by Council.\n7.6 Priority of speaking\n(1) Where two or more members indicate, at the same time, their intention to speak, the presiding\nmember is to decide which member is entitled to be heard first.\n(2) A decision of the presiding member under subclause (1) is not open to discussion or dissent.\n(3) A member must cease speaking immediately after being asked to do so by the presiding member.\n7.7 Presiding member may take part in debates\nThe presiding member may take part in a discussion of any matter before the Council, subject to\ncompliance with this Local Law.\n7.8 Relevance\n(1) A member is to restrict his or her remarks to—\n(a) the motion or amendment under discussion; or\n(b) to a personal explanation or point of order.\n(2) The presiding member, at any time, may call the attention of the meeting to—\n(a) any irrelevant, repetitious, offensive or insulting language by a member; or\n(b) any breach of order by a member; and\ndirect that member, if speaking, to discontinue his or her speech.\n(3) A member is to comply with the direction of the presiding member under subclause (2) by\nimmediately ceasing to speak.\n7.9 Speaking twice\nA member is not to address the Council more than once on any motion or amendment except—\n(a) as the mover of a substantive motion, to exercise a right of reply;\n(b) to raise a point of order; or\n(c) to make a personal explanation.\n7.10 Duration of speeches\n(1) A member is not to speak on any matter for more than three (3) minutes without the consent of\nthe Council which, if given, is to be given without debate.\n(2) An extension under this clause cannot be given to allow a member’s total speaking time to exceed\nfive (5) minutes.\n7.11 No speaking after conclusion of debate\nA member is not to speak on any motion or amendment—\n(a) after the mover has replied; or\n(b) after the motion has been put.\n7.12 No interruption\nA member is not to interrupt another member who is speaking unless—\n(a) to raise a point of order;\n(b) to call attention to the absence of a quorum;\n(c) to make a personal explanation under clause 7.13; or\n(d) to move a procedural motion that the member be no longer heard (see clause 10.9).\n7.13 Personal explanations\n(1) A member who wishes to make a personal explanation, relating to a matter referred to by another\nmember who is then speaking, is to indicate to the presiding member his or her intention to make a\npersonal explanation.\n(2) The presiding member is to determine whether the personal explanation is to be heard\nimmediately or at the conclusion of the speech by the other member.\n(3) A member making a personal explanation is to confine his or her observations to a succinct\nstatement relating to a specific part of the speech at which he or she may have been misunderstood.\n7.14 No re-opening of discussion\nA member is not to re-open discussion on any Council decision, except to move that the decision be\nrevoked or changed.\n7.15 Adverse reflection\n(1) A member is not to reflect adversely on a decision of Council or of a committee except on a motion\nthat the decision be revoked or changed.\n(2) A member must not—\n(a) reflect adversely on the character or actions of another member or of an officer; or\n\n","sortOrder":38},{"sectionNumber":"668","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 23 March 2020","content":"668 GOVERNMENT GAZETTE, WA 23 March 2020\n(b) impute any motive to a member or an officer\nunless the meeting resolves, without debate, that the matter then before the meeting cannot\notherwise be adequately considered.\n7.16 Offensive Language\n(1) A member must not use offensive or insulting expressions in reference to any member, officer or\nother person.\n(2) If a member or the CEO specifically requests, immediately after the use, that—\n(a) any particular words used by a member, that are in breach of this clause, be recorded in the\nminutes;\n(b) the member making the request is to provide the words to the meeting for verification; and\n(c) the presiding member is to cause the words used to be taken down and recorded in the\nminutes.\n7.17 Withdrawal of offensive language\n(1) A member who, in the opinion of the presiding member, uses an expression which—\n(a) reflects adversely on the character or actions of another member or an officer;\n(b) imputes any motive to a member or officer; or\n(c) uses an expression that is offensive\nmust, when directed by the presiding member, withdraw the expression and make a satisfactory\napology.\n(2) If a member fails to comply with a direction of the presiding member under subclause (1), the\npresiding member may refuse to hear the member further on the matter under discussion, and call on\nthe next speaker.\nPART 8—PRESERVING ORDER\n8.1 Presiding member to preserve order\n(1) The presiding member is to preserve order and, whenever he or she considers it is necessary, may\ncall any member to order.\n(2) When the presiding member speaks during a debate, any member then speaking, or indicating\nthat he or she wishes to speak, is immediately to sit down and every member present is to preserve\nstrict silence so that the presiding member may be heard without interruption.\n(3) Subclause (2) is not to be used by the presiding member, to exercise the right provided in\nclause 7.7, but to preserve order.\n8.2 Point of order\n(1) A member may only object, by way of a point of order, to a breach of—\n(a) this Local Law; or\n(b) any other written law.\n(2) Despite anything in this Local Law to the contrary, a point of order—\n(a) takes precedence over any discussion; and\n(b) until determined, suspends the consideration or discussion of any other matter.\n8.3 Procedures on a point of order\n(1) A member who is addressing the presiding member is not to be interrupted except on a point of\norder.\n(2) A member interrupted on a point of order is to resume his or her seat until—\n(a) the member raising the point of order has been heard; and\n(b) the presiding member has ruled on the point of order, and, if permitted, the member who has\nbeen interrupted may then proceed.\n8.4 Calling attention to breach\nA member may, at any time, draw the attention of the presiding member to any breach of this Local\nLaw.\n8.5 Ruling by the presiding member\n(1) The presiding member is to rule on any point of order which is raised by either upholding or\nrejecting the point of order.\n(2) A ruling by the presiding member on a point of order is to be final unless the majority of members\nthen present and voting on a motion moved immediately after the ruling, dissent from the ruling.\n(3) Subject to a motion of dissent being carried under subclause (2), if the presiding member rules\nthat—\n(a) any motion, amendment or other matter before the meeting is out of order, it is not to be\nconsidered further; and\n(b) if a statement made or act done by a member is out of order, the presiding member may\nrequire the member to make an explanation, retraction or apology.\n\n23 March 2020 GOVERNMENT GAZETTE, WA 669\n8.6 Continued breach of order\nIf a member—\n(a) persists in any conduct that the presiding member had ruled is out of order; or\n(b) refuses to make an explanation, retraction or apology required by the presiding member\nunder clause 8.5(3)(b),\nthe presiding member may direct the member to refrain from taking any further part in that item,\nother than by voting, and the member is to comply with that direction.\n8.7 Right of presiding member to adjourn\n(1) For the purpose of preserving or regaining order, the presiding member may adjourn the meeting\nfor a period of up to 15 minutes.\n(2) On resumption, the debate is to continue at the point at which the meeting was adjourned.\n(3) If, at any one meeting, the presiding member adjourns the meeting more than once for the purpose\nof preserving or regaining order, the second or subsequent adjournment may be to a later time on the\nsame day or to another day.\nPART 9—DEBATE OF SUBSTANTIVE MOTIONS\n9.1 Motions to be stated and in writing\nAny member who wishes to move a substantive motion or an amendment to a substantive motion—\n(a) is to state the substance of the motion before speaking to it; and\n(b) if required by the presiding member, is to put the motion or amendment in writing.\n9.2 Motions to be supported\n(1) A substantive motion or an amendment to a substantive motion is not open to debate until it has\nbeen seconded.\n(2) A motion to revoke or change a decision made at a Council meeting is not open to debate unless\nthe motion has the support required under regulation 10 of the Regulations.\n9.3 Unopposed business\n(1) Immediately after a substantive motion has been moved and seconded, the presiding member may\nask the meeting if any member opposes it.\n(2) If no Member opposes the motion, the presiding member may declare it carried without debate and\nwithout taking a vote.\n(3) A motion declared carried under this clause is to be recorded in the minutes as a unanimous\ndecision of the Council.\n(4) If a Member opposes a motion, the motion is to be dealt with under this Part.\n(5) This clause does not apply to a motion to revoke or change a decision which has been made at a\nCouncil meeting.\n9.4 Only one (1) substantive motion at a time\n(1) When a substantive motion is under debate at a meeting of the Council, no further substantive\nmotion is to be accepted.\n(2) The Council is not to consider more than 1 substantive motion at any time.\n9.5 Order of call in debate\nThe presiding member is to call speakers to a substantive motion in the following order—\n(a) the mover to state the motion;\n(b) a seconder to the motion;\n(c) the mover to speak to the motion;\n(d) the seconder to speak to the motion;\n(e) a speaker against the motion;\n(f) a speaker for the motion;\n(g) other speakers against and for the motion, alternating where possible; and\n(h) mover takes right of reply which closes debate.\n9.6 Limit of debate\nThe presiding member may offer the right of reply and put a substantive motion to the vote if he or\nshe believes that sufficient discussion has taken place even though all members may not have spoken.\n9.7 Member may require motion to be read\nA member may require the motion or matter under discussion to be read at any time during a debate,\nbut not so as to interrupt any other Member who is speaking.\n9.8 Consent of seconder required for alteration\nThe mover of a substantive motion may not alter the wording of the motion without the consent of the\nseconder.\n\n","sortOrder":39},{"sectionNumber":"670","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 23 March 2020","content":"670 GOVERNMENT GAZETTE, WA 23 March 2020\n9.9 Order of amendments\nAny number of amendments may be proposed to a substantive motion, but when an amendment is\nmoved to a substantive motion, no second or subsequent amendment is to be moved or considered\nuntil the first amendment has been withdrawn, carried or lost.\n9.10 Form of an amendment\nAn amendment must add, delete, or substitute words to the substantive motion.\n9.11 Amendment must not negate original motion\nAn amendment to a substantive motion cannot negate the original motion or the intent of the original\nmotion.\n9.12 Relevance of amendments\nEach amendment is to be relevant to the motion in respect of which it is moved.\n9.13 Mover of motion may speak on amendment\nAny member may speak during debate on an amendment.\n9.14 Effect of an amendment\nIf an amendment to a substantive motion is carried, the motion as amended then becomes the\nsubstantive motion, on which any Member may speak and any further amendment may be moved.\n9.15 Withdrawal of motion or amendment\n(1) Subject to subclause (2), the Council may, without debate, grant leave to withdraw a motion or\namendment on the request of the mover of the motion or amendment and with the approval of the\nseconder.\n(2) Where an amendment has been proposed to a substantive motion, the substantive motion is not to\nbe withdrawn, except by consent of the majority of members present, until the amendment proposed\nhas been withdrawn or lost.\n9.16 Right of reply\n(1) The mover of a substantive motion has the right of reply.\n(2) The mover of any amendment to a substantive motion has a right of reply.\n(3) The right of the reply may only be exercised—\n(a) where no amendment is moved to the substantive motion—at the conclusion of the discussion\non the motion; or\n(b) where one or more amendments have been moved to the substantive motion—at the\nconclusion of the discussion on the substantive motion and any amendments.\n(4) After the mover of the substantive motion has commenced the reply—\n(a) no other member is to speak on the motion;\n(b) there is to be no further discussion on, or any further amendment to, the motion.\n(5) The right of the reply is to be confined to rebutting arguments raised by previous speakers and no\nnew matter is to be introduced.\n(6) At the conclusion of the right of reply, the substantive motion, or the substantive motion as\namended, is immediately to be put to the vote.\nPART 10—PROCEDURAL MOTIONS\n10.1 Permissible procedural motions\nIn addition to the right to move an amendment to a substantive motion (under Part 9), a member may\nmove the following procedural motions—\n(a) that the meeting proceed to the next item of business;\n(b) that the debate be adjourned;\n(c) that the meeting now adjourn;\n(d) that the motion be now put;\n(e) that the member be no longer heard;\n(f) that the ruling of the presiding member be disagreed with;\n(g) that the meeting be closed to the public (see clause 6.2);\n(h) that the motion be deferred.\n10.2 No debate\n(1) The mover of a motion specified in paragraph (a), (b), (c), (f), (g) or (h) of clause 10.1 may speak to\nthe motion for not more than three minutes, the seconder is not to speak other than to formally\nsecond the motion, and there is to be no debate on the motion.\n(2) The mover of a motion specified in paragraph (d) or (e) of clause 10.1 may not speak to the motion,\nthe seconder is not to speak other than to formally second the motion, and there is to be no debate on\nthe motion.\n\n23 March 2020 GOVERNMENT GAZETTE, WA 671\n10.3 Who may move\nNo person who has moved, seconded, or spoken for or against the substantive motion, or any\namendment to the substantive motion, may move any procedural motion which, if carried, would close\nthe debate on the substantive motion or amendment.\n10.4 Procedural motions—right of reply on substantive motion\nThe carrying of a procedural motion which closes debate on the substantive motion or amendment\nand forces a decision on the substantive motion or amendment does not deny the right of reply to the\nmover of the substantive motion.\n10.5 Meeting to proceed to the next business\nThe motion ‘that the meeting proceed to the next item of business”, if carried, has the effect that—\n(a) the debate on the substantive motion or amendment ceases immediately;\n(b) no decision is made on the substantive motion;\n(c) the Council moves to the next item of business; and\n(d) there is no requirement for the matter to be raised again for consideration.\n10.6 Debate to be adjourned\nA motion ‘that the debate be adjourned’—\n(a) is to state the time to which the debate is to be adjourned; and\n(b) if carried, has the effect that all debate on the substantive motion or amendment ceases\nimmediately, but continues at the time stated in the motion.\n10.7 Meeting now adjourn\n(1) A member is not to move or second more than 1 motion of adjournment during the same sitting of\nthe Council.\n(2) Before putting the motion for the adjournment of the Council, the presiding member may seek\nleave of the Council to deal first with matters that may be the subject of an adoption by en bloc voting\n(see clause 5.4).\n(3) A motion ‘that the meeting now adjourn”—\n(a) is to state the time and date to which the meeting is to be adjourned; and\n(b) if carried, has the effect that the meeting is adjourned to the time and date specified in the\nmotion.\n(4) A meeting adjourned under subclause (3) is to continue from the point at which it was adjourned,\nunless the presiding member or the Council determines otherwise.\n10.8 Motion to be put\n(1) If the motion ‘that the motion be now put’, is carried during debate on a substantive motion\nwithout amendment, the presiding member is to offer the right of reply and then put the motion to\nthe vote without further debate.\n(2) If the motion ‘that the motion be now put’ is carried during discussion of an amendment, the\npresiding member is to put the amendment to the vote without further debate.\n(3) This motion, if lost, causes debate to continue.\n10.9 Member to be no longer heard\nIf the motion “that the member be no longer heard”, is carried, the speaker against whom the motion\nhas been moved cannot speak further on the current substantive motion, or any amendment relating\nto it, except to exercise the right of reply if he or she is the mover of the substantive motion.\n10.10 Ruling of the presiding member to be disagreed with\nIf the motion ‘that the ruling of the presiding member be disagreed with’, is carried, that ruling is to\nhave no effect and the meeting is to proceed accordingly.\nPART 11—DISCLOSURE OF INTERESTS\n11.1 Disclosure of interests\nDisclosure of interests is dealt with in the Act.\nPART 12—VOTING\n12.1 Motion—when put\n(1) Immediately after the debate on any motion is concluded and the right of reply has been exercised,\nthe presiding member—\n(a) is to put the motion to the Council; and\n(b) if requested by any member, is to again state the terms of the motion.\n(2) A member is not to leave the meeting when the presiding member is putting any motion.\n12.2 Voting\nVoting is dealt with in the Act and the Regulations.\n\n","sortOrder":40},{"sectionNumber":"672","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 23 March 2020","content":"672 GOVERNMENT GAZETTE, WA 23 March 2020\n12.3 Majorities required for decisions\nThe majorities required for decisions of the Council and committees are dealt with in the Act.\n12.4 Method of taking vote\n(1) In taking the vote on any motion or amendment the presiding member—\n(a) is to put the motion, first in the affirmative, and then in the negative;\n(b) may put the motion in this way as often as may be necessary to enable him or her to\ndetermine whether the affirmative or the negative has the majority of votes;\n(c) may accept a vote on the voices or may require a show of hands; and\n(d) is, subject to this clause, to declare the result.\n(2) If a member calls for a show of hands, the result of the vote is to be determined on the count of\nraised hands.\nPART 13—MINUTES OF MEETINGS\n13.1 Keeping of minutes\nThe keeping and confirmation of minutes are dealt with in the Act.\n13.2 Content of minutes\n(1) The content of minutes is dealt with in the Regulations.\n(2) In addition to the matters required by regulation 11, the minutes of a Council meeting is to\ninclude where—\n(a) an application for approval is refused;\n(b) the authorisation of a licence, permit or certificate is withheld; or\n(c) is cancelled; and\n(d) the reasons for the decision.\n13.3 Public inspection of unconfirmed minutes\nThe public inspection of unconfirmed minutes is dealt with in the Regulations.\n13.4 Confirmation of minutes\n(1) When minutes of an ordinary meeting of Council are distributed for consideration prior to their\nconfirmation at the next meeting and a member is dissatisfied with the accuracy of the minutes—\n(a) the member may provide the Town with a written copy of the alternative wording to amend\nthe minutes;\n(b) within 7 clear working days before the next Ordinary Meeting of Council.\n(2) At the next Ordinary Meeting of Council, the member who provided the alternative wording shall,\nat the time for confirmation of minutes—\n(a) state the item or items with which he or she is dissatisfied; and\n(b) propose a motion clearly outlining the alternative wording to amend the minutes.\n(3) Members must not discuss items of business contained in the minutes, other than as to the\naccuracy of the minutes as a record of the proceedings.\nPART 14—ADJOURNMENT OF MEETING\n14.1 Meeting may be adjourned\nThe Council may adjourn any meeting—\n(a) to a later time on the same day; or\n(b) to any other time on any other day, including a time which coincides with the conclusion of\nanother meeting or event.\n14.2 Effect of adjournment\nWhere any matter, motion, debate or meeting is adjourned under this Local Law—\n(a) the names of members who have spoken on the matter prior to the adjournment are to be\nrecorded in the minutes;\n(b) debate is to be resumed at the next meeting at the point where it was interrupted; and\n(c) the provisions of clause 7.9\nspeaking twice apply when the debate is resumed.\nPART 15—REVOKING OR CHANGING DECISIONS\n15.1 Requirements to revoke or change decisions\nThe requirements to revoke or change a decision made at a meeting are dealt with in the Regulations.\n\n23 March 2020 GOVERNMENT GAZETTE, WA 673\n15.2 Limitations on powers to revoke or change decisions\n(1) Subject to subclause (2), the Council or a committee is not to consider a motion to revoke or change\na decision—\n(a) where, at the time the motion is moved or notice is given, any action has been taken under\nclause 15.3 to implement the decision; or\n(b) where the decision is procedural in its form or effect.\n(2) The Council or a committee may consider a motion to revoke or change a decision of the kind\ndescribed in subclause (1)(a) if the motion is accompanied by a written statement of the legal and\nfinancial consequences of carrying the motion.\n15.3 Implementing a decision\n(a)\nauthorisation means a licence, permit, approval or other means of authorising a person to do\nanything;\n(b)\nimplement, in relation to a decision, includes—\n(i) communicate notice of the decision to a person affected by, or with an interest in, the\ndecision; and\n(ii) take any other action to give effect to the decision; and\n(c)\nvalid notice of revocation motion means a notice of motion to revoke or change a decision that\ncomplies with the requirements of the Act, Regulations and the Council Meeting Procedures\nLocal Law 2020 and may be considered, but has not yet been considered, by the Council or a\ncommittee as the case may be.\n(2) Subject to subclause (4), and unless a resolution is made under subclause (3), a decision made at a\nmeeting is not to be implemented by the CEO or any other person until after 10.00am of the first\nbusiness day after the commencement of the meeting at which the decision was made.\n(3) The Council or a committee may, by resolution carried at the same meeting at which a decision\nwas made, direct the CEO or another person to take immediate action to implement the decision.\n(4) A decision made at a meeting is not to be implemented by the CEO or any other person—\n(a) if, before commencing any implementation action, the CEO or that person is given a valid\nnotice of revocation motion; and\n(b) unless and until the valid notice of revocation motion has been determined by the Council or\nthe committee as the case may be.\n(5) The CEO is to ensure that members of the public attending the meeting are informed by an\nappropriate notice that a decision to grant an authorisation—\n(a) is to take effect only in accordance with this clause; and\n(b) cannot be acted upon by the person who has been granted the authorisation unless and until\nthe decision has been implemented in accordance with this clause.\nPART 16—SUSPENSION OF COUNCIL MEETING PROCEDURES LOCAL LAW 2020\n16.1 Suspension of Council Meeting Procedures Local Law 2020\n(1) A member may at any time move that the operation of 1 or more of the provisions of this Local\nLaw be suspended.\n(2) A member moving a motion under subclause (1) is to state the reasons for the motion but no other\ndiscussion is to take place.\n(3) A motion under subclause (1) which is—\n(a) seconded; and\n(b) carried by an absolute majority, is to suspend the operation of the clause or clauses to which\nthe motion relates for the duration of the meeting, unless the meeting earlier resolves\n16.2 Where standing orders do not apply\n(1) In situations where—\n(a) One (1) or more provisions of this Local Law have been suspended; or\n(b) a matter is not provided for under the Act, the Regulations or this Local Law,\nthe presiding member is to decide questions relating to the conduct of the meeting.\n(2) The decision of the presiding member under subclause (1) is final, except where a motion is moved\nand carried under clause 10.10.\n16.3 Cases not provided for in Council Meeting Procedures Local Law 2020\n(1) The presiding member is to decide questions of order, procedure, debate, or otherwise in cases\nwhere this Local Law, the Act or Regulations are silent.\n(2) The decision of the presiding member is final, except where a motion is moved and carried under\nclause 10.10.\n\n","sortOrder":41},{"sectionNumber":"674","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 23 March 2020","content":"674 GOVERNMENT GAZETTE, WA 23 March 2020\nPART 17—MEETINGS OF ELECTORS\n17.1 Electors’ general meetings\nElectors’ general meetings are dealt with in the Act.\n17.2 Matters for discussion at electors’ general meetings\nThe matters to be discussed at electors’ general meetings are dealt with in the Regulations.\n17.3 Electors’ special meetings\nElectors’ special meetings are dealt with in the Act.\n17.4 Requests for electors’ special meetings\nRequests for electors’ special meetings are dealt with in the Regulations.\n17.5 Convening electors’ meetings\nConvening electors’ meetings is dealt with in the Act.\n17.6 Who presides at electors’ meetings\nWho presides at electors’ meetings is dealt with in the Act.\n17.7 Procedure for electors’ meetings\n(1) The procedure for electors’ meetings is dealt with in the Act and the Regulations.\n(2) In exercising his or her discretion to determine the procedure to be followed at an electors’\nmeeting, the presiding member is to have regard to this Local Law.\n17.8 Participation of non-electors\nA person who is not an elector of the Town shall not take part in any discussion at an electors’\nmeeting unless the meeting, by resolution, permits the person do so.\n17.9 Voting at electors’ meetings\nVoting at electors’ meetings is dealt with in the Regulations.\n17.10 Minutes of electors’ meetings\nMinutes of electors’ meetings are dealt with in the Act.\n17.11 Decisions made at electors’ meetings\nDecisions made at electors’ meetings are dealt with in the Act.\nPART 18—ENFORCEMENT\n18.1 Penalty for breach\nA person who breaches a provision of this Local Law commits an offence.\nPenalty—up to $1,000.\n18.2 Who can prosecute\nWho can prosecute is dealt with in the Act.\n————\nDated: 16 March 2020.\nThe Common Seal of the Town of Bassendean was affixed by resolution of the Council in the presence\nof—\nRENEE McLENNAN, Mayor.\nPETA MABBS, Chief Executive Officer.","sortOrder":42}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":729},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive local law governing activities in thoroughfares and public places. It replaces the 2010 version with updated provisions but does not appear to have expanded beyond the original regulatory scope."},"complexity_factors":["Extensive cross-referencing to other legislation (Local Government Act 1995, Road Traffic Code 2000, Liquor Control Act 1988, Biodiversity Conservation Act 2016, etc.)","Multiple permit systems with overlapping conditions and application requirements","Geographic differentiation (townsite vs non-townsite areas have different rules, e.g., verge treatments only apply in townsites; roadside conservation excludes townsites)","Nested conditional logic (e.g., clause 2.3(1) prohibition with exceptions in (a)-(b), then further exception in subclause (2))","Transitional provisions preserving pre-existing verge treatments under former law","59 prescribed offences with specific modified penalties in Schedule 1","Detailed technical specifications (e.g., sign dimensions: 0.8m height, 0.6m width, 200mm letter height)"],"plain_english_summary":"This local law for the Shire of Augusta Margaret River controls use of roads, footpaths, verges and other public spaces — covering planting, crossings, verge treatments, signs, trading, busking, vehicles/trolleys and roadside conservation. It sets a permit system for many activities and penalties for breaches (including daily fines).\n\nIt affects residents, property owners, businesses, builders and anyone using public space, balancing public safety, native-vegetation protection and community amenity."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The instrument expressly repeals and replaces the Shire's 2010 local law (cl.1.4) and applies district‑wide (cl.1.3). That repeal indicates a change in the operative instrument; the new local law reorganises and sets updated rules across activities, permits, verge treatments, trading, roadside conservation and enforcement. The text itself signals a replacement but does not provide a clause‑by‑clause comparison to the former law, so precise substantive scope differences cannot be determined from this document alone."},"complexity_factors":["Multiple permit types and bespoke conditions across Parts (general activities: cl.2.2; advertising: cl.3.2–3.5; stallholders/traders: cl.6.2–6.3; performers: cl.6.10; outdoor eating: cl.6.16; general permit regime: Part 7).","Extensive cross‑references to other statutes and instruments, increasing legal interdependence (definitions and external Acts: cl.1.5; reliance on Regulations and other written laws throughout, e.g. cl.2.12, cl.7.4).","Broad administrative discretion for the local government and CEO in approvals, conditions, variations and cancellations (cl.7.2, cl.7.3, cl.7.5, cl.6.11, cl.6.13).","Detailed, tiered enforcement regime with both court penalties and prescribed infringement notices set out in Schedule 1 (cl.10.4–10.6; Schedule 1).","Geographic and subject‑matter carve‑outs that change application by location (townsite vs district: cl.2.6, cl.5.2) and transitional protections for existing verge treatments (cl.2.11).","Procedural requirements for applications, notices, public consultation and appeals that create compliance steps and timelines (application form, fees, notice requirements: cl.7.1; objections/appeals: cl.8.1).","Cost recovery and remedial powers that shift financial burden to permit holders or landowners (notice work and recovery as debt: cl.9.3, cl.10.2).","Environmental and safety technical standards and exceptions (flora roads and special environmental areas: Part 5, cl.5.3–5.8; burning/firebreak rules: cl.5.13–5.18) increasing substantive decision complexity."],"plain_english_summary":"*Shire of Augusta Margaret River Activities in Thoroughfares and Public Places and Trading Local Law 2020* governs use of public places across the Shire. It bans specified acts and requires permits for many activities—planting, verge works, crossings, signs, stalls and trading, street performance, outdoor dining, vegetation clearing, burning and driving on closed roads. The local government issues permits, imposes conditions, serves notices, removes non‑compliant items and recovers costs; the law establishes fines and infringement penalties for non‑compliance, affecting residents, property owners, traders and event organisers."}},"importantCases":[],"_links":{"self":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2020","history":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2020/history","analysis":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2020/analysis","conflicts":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2020/conflicts","importantCases":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2020/important-cases","documents":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-amendment-local-law-2020/documents"}}