{"id":"wa-local:harvey-shire-of-activities-in-thoroughfares-and-public-places-and-trading-local-law-2017","name":"Activities in Thoroughfares and Public Places and Trading Local Law 2017","slug":"activities-in-thoroughfares-and-public-places-and-trading-local-law-2017","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438133,"registerId":"wa-local:harvey-shire-of-activities-in-thoroughfares-and-public-places-and-trading-local-law-2017-pdf-1775954686273","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"12","sectionType":"section","heading":"April 2017 GOVERNMENT GAZETTE, WA 2019","content":"12 April 2017 GOVERNMENT GAZETTE, WA 2019\nACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND\nTRADING LOCAL LAW 2017\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES","content":"PART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES\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\nSubdivision 1—Application\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\n2.13 Interpretation\nSubdivision 2—Assignment and marking of numbers\n2.14 Assignment of numbers\n\n2020 GOVERNMENT GAZETTE, WA 12 April 2017\nDivision 5—Fencing\n2.15 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\nDivision 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":1},{"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\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS","content":"PART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS\n","sortOrder":3},{"sectionNumber":"Div 1","sectionType":"division","heading":"Animals and vehicles","content":"Division 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":4},{"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\n","sortOrder":5},{"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":6},{"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\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Clearance of vegetation","content":"Division 5—Clearance of vegetation\n5.11 Permit to clear\n5.12 Application for permit\n","sortOrder":8},{"sectionNumber":"Div 6","sectionType":"division","heading":"Fire management","content":"Division 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\n12 April 2017 GOVERNMENT GAZETTE, WA 2021\n","sortOrder":9},{"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":10},{"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":11},{"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\n6.2 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":12},{"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":13},{"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\n7.6 Renewal of permit\n7.8 Transfer of permit\n7.9 Production of permit\n7.10 Cancellation of permit\n\n","sortOrder":14},{"sectionNumber":"2022","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2022 GOVERNMENT GAZETTE, WA 12 April 2017\n8.1 Application of Part 9 Division 1 of Act\n","sortOrder":15},{"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":16},{"sectionNumber":"Part 10","sectionType":"part","heading":"ENFORCEMENT","content":"PART 10—ENFORCEMENT\n10.1 Offence to fail to comply with notice\n10.2 Local government may undertake requirements of notice\n10.3 Offences\n10.4 Prescribed offences\n10.5 Forms\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2023\nACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES\nAND TRADING LOCAL LAW 2016\nit, the Council of the Shire of Harvey resolved on 31 January 2017 to make the following local law.\nThis local law may be cited as the Shire of Harvey Activities in Thoroughfares and Public Places and\nTrading Local Law 2017.\nBy virtue of section 3.14 of the Act, this local law come into operation 14 days after the date of their\npublication in the Government Gazette.\nacceptable material means any material approved by the local government;\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 Road Traffic Code 2000;\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 Road Traffic Code 2000;\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) a private thoroughfare serving private land;\nfootpath has the meaning given to it in the Road Traffic Code 2000;\ngarden means any part of a thoroughfare planted, developed or treated, otherwise than as a\nlawn, with one or more plants;\nintersection has the meaning given to it in the Road Traffic Code 2000;\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;\nliquor has the meaning given to it in section 3 of the Liquor Control Act 1988;\n(c) which is an ‘otherwise unvested facility’ within section 3.53 of the Act;\n\n","sortOrder":17},{"sectionNumber":"2024","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2024 GOVERNMENT GAZETTE, WA 12 April 2017\nlocal planning scheme means a town planning scheme of the local government made under the\nPlanning and Development Act 2005;\nlot has the meaning given to it in the Planning and Development Act 2005;\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 2.7(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;\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 Local 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\nPlanning and Development Act 2005;\ntownsite means a townsite—\n(a) constituted under section 26(2) of the Land 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(a) a wheel-chair or any device designed for use by a physically impaired person on a\nfootpath; and\n(b) a pram, a stroller, a shopping trolley or a similar device; and\nverge means that part of a thoroughfare between the carriageway and the land which abuts the\nthoroughfare, but does not include any footpath.\n(1) This local law repeals the Shire of Harvey Activities on Thoroughfares and Trading in\nThoroughfares and Public Places Local Law as published in the Government Gazette on 23 June 2000.\n(2) Where a policy was made or adopted by the local government under or in relation to a local law\nrepealed by this local law, then the policy is to be taken to no longer have any effect on and from the\ncommencement day.\n(3) The Council may resolve that notwithstanding subclause (2) specified policies continue, or are to\nbe taken to have continued, to have effect on and from the commencement day.\nPART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES\n2.1 General prohibitions\n(a) plant any plant (except grasses or a similar plant) within 10 metres 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\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 2m of a\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\n12 April 2017 GOVERNMENT GAZETTE, WA 2025\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 any thing 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 any thing 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) fell any tree 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 any thing 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 Liquor 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 person named on the building permit issued under the Building 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 Building\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","sortOrder":20},{"sectionNumber":"2026","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2026 GOVERNMENT GAZETTE, WA 12 April 2017\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\nSubdivision 1—Application\n2.6 Application\nThis Division only applies to a 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(c) the installation of an acceptable material; or\n(d) the installation over no more than one third of the area of the verge (excluding any vehicle\ncrossing) of an acceptable material in accordance with paragraph (c), and the planting and\nmaintenance of either a lawn or a garden on the balance of the verge in accordance with\nparagraph (a) or (b).\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.\n(2) The owner and occupier of the lot abutting a verge treatment referred to in subclause (1) are each\nto be taken to have installed and maintained that verge treatment for the purposes of this clause and\nclause 2.9.\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\n12 April 2017 GOVERNMENT GAZETTE, WA 2027\n","sortOrder":21},{"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":22},{"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 1.3; 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 2.16 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 section\n3.50 of the Act; or\n(b) the person has first obtained a permit.\nclosed thoroughfare means a thoroughfare wholly or partially closed under section 3.50 or\n3.50A of the Act.\n\n","sortOrder":23},{"sectionNumber":"2028","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2028 GOVERNMENT GAZETTE, WA 12 April 2017\n","sortOrder":24},{"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;\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) on a footpath;\n(b) over any footpath where the resulting vertical clearance between the sign and the footpath is\nless than 2.5m;\n(c) on or within 3m of a carriageway;\n(d) 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(e) 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; and\n(e) the amount of the public liability insurance cover, if any, to be obtained by the applicant.\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 1m in height;\n(ii) not exceed an area of 1m2 on any side;\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.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2029\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(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.\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 24\nhours.\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\nuse of customers of the shop; and\nshopping trolley means a wheeled container or receptacle supplied by a retailer to enable a\nperson to 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.\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.\n\n","sortOrder":25},{"sectionNumber":"2030","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2030 GOVERNMENT GAZETTE, WA 12 April 2017\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\nPART 5—ROADSIDE CONSERVATION\n5.1 Interpretation\nMRWA means Main Roads Western Australia;\nprotected flora has the meaning given to it in section 6(1) of the Wildlife Conservation Act 1950;\nrare flora has the meaning given to it in section 23F of the Wildlife Conservation Act 1950;\nRoadside Conservation Committee means the Roadside Conservation Committee appointed by\nthe Minister responsible for the administration of the Wildlife Conservation Act 1950; and\nspecial environmental area means an area designated as such under clause 5.7.\n5.2 Application\nThis Part does not apply to the townsites.\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 an 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\n(b) there is no carriageway; or\n(c) an exemption from the application of subclause (1) has been obtained from the local\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 protected flora or rare 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\n12 April 2017 GOVERNMENT GAZETTE, WA 2031\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\nSubject to any other written law and notwithstanding anything to the contrary in this local law, an\napplication for a permit for the purpose of 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","sortOrder":26},{"sectionNumber":"2032","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2032 GOVERNMENT GAZETTE, WA 12 April 2017\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\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 11\nApril 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;\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; and\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,\nbut does not include—\n(d) the delivery of pre-ordered goods or services to the purchaser of those goods or services\nor to the person nominated by the purchaser of those goods or services whether or not\npayment for those goods or services is accepted on delivery; or\nthe taking of further orders for goods or services from the purchaser of those pre-\nordered goods or services or from the person nominated by the purchaser of those pre-\nordered goods or services when those orders are taken at the same time as a previous\norder is being delivered, whether or not payment is made for those goods or services at\nthe time of taking the order;\n(e) the setting up of a stall or the conducting of a business at a stall under the authority of\na stallholder’s permit;\n(f) 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(g) 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(h) 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.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2033\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(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 has committed a breach of any provision of this local law or of any written\nlaw relevant to the activity in respect of which the permit is sought; or\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.\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\n","sortOrder":27},{"sectionNumber":"2034","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2034 GOVERNMENT GAZETTE, WA 12 April 2017\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(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 acquisition by the stallholder or trader of public risk insurance;\n(l) the period for which the permit is valid; and\n(m) 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 authorize 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 National 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;\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;\nor\n(d) in the case of a trader, carry on trading from a public place, unless there is adequate parking\nfor customers’ vehicles reasonably close to the place of trading.\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, but does not include public speaking;\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2035\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.\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,\nshown 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 of 3 months after the date on which it is issued unless it is sooner\ncancelled under this 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\n6.16; and\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 a food business which\nabut on the Facility, and whether the applicant is the person conducting such food business;\n(b) any abutting food business is registered in accordance with the Food Act 2008 and whether\nthe use of the business is permitted under the town planning scheme;\n(c) users of the Facility will have access to proper and sufficient sanitary and ablutionary\nconveniences;\n(d) 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(e) 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.\n\n","sortOrder":28},{"sectionNumber":"2036","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2036 GOVERNMENT GAZETTE, WA 12 April 2017\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\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(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 from time to time;\n(b) be signed by the applicant;\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(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\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).\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2037\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(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,\nshall apply to an application for the renewal of a permit with all the necessary changes as required.\n7.8 Transfer of permit\n(1) An application for the transfer of a valid permit is to—\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(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\n","sortOrder":29},{"sectionNumber":"2038","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2038 GOVERNMENT GAZETTE, WA 12 April 2017\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.\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.\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) as to whether it will renew, vary, or cancel a permit,\nthe provisions of Division 1 of Part 9 of the Act apply to that decision.\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 any thing 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\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 any thing,\nif the person fails to comply with the notice, the person commits an offence.\n10.2 Local government may undertake requirements of notice\n(1) Where a person fails to comply with a notice referred to in clause 10.1, the local government may\ndo the thing specified in the notice and recover from that person, as a debt, the costs incurred in so\ndoing.\n(2) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of Schedule 3.1 of\nthe Local Government Act 1995 and any power of entry exercised by the local government under this\nlocal law is subject to Part 3, Division 3 of that Act.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2039\n10.3 Offences\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.\n10.4 Prescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 1.\n10.5 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\n","sortOrder":30},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"of the Regulations; and","content":"Schedule 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\n————\n[Clause 10.4]\nClause Description Modified\nPenalty $\n1 2.1(a) plant any plant (except grasses or a similar plant) within\n10 metres of an intersection 125\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 125\n5 2.1(e) Damaging or interfering with signpost or structure on\nthoroughfare 350\n6 2.1(f) Playing games so as to impede vehicles or persons on\nthoroughfare 125\n7 2.1(g) Riding of skateboard or similar device on mall or verandah of\nshopping centre 125\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\nwithout a permit 125\n11 2.2(1)(d) Causing obstruction to water channel on thoroughfare without a\npermit 250\n12 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a\npermit 250\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 125\n15 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 125\n16 2.2(1)(j) Installing a hoist or other thing on a structure or land for use\nover a thoroughfare without a permit 350\n17 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 125\n18 2.2(1)(l) Placing a bulk rubbish container on a thoroughfare without a\npermit 125\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\n\n","sortOrder":31},{"sectionNumber":"2040","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2040 GOVERNMENT GAZETTE, WA 12 April 2017\nClause Description Modified\nPenalty $\n22 2.5(2) Failure to comply with notice to remove crossing and reinstate\nkerb 350\n23 2.8(1) Installation of verge treatment other than permissible verge\ntreatment 250\n24 2.9 Failure to maintain permissible verge treatment or placement of\nobstruction on verge 125\n25 2.10 Failure to comply with notice to rectify a verge treatment 125\n26 2.16(2) Failure to comply with sign on public place 125\n27 2.18(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 125\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 125\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 125\n36 4.6(2) Failure to remove shopping trolley upon being advised of\nlocation 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\npermit 350\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 125\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\npermit 350\n54 6.18 Failure of permit holder of outdoor eating facility to comply with\nobligations 125\n55 6.20(1) Use of equipment of outdoor eating facility without purchase of\nfood or drink from facility 60\n56 6.20(2) Failure to leave outdoor eating facility when requested to do so\nby permit holder 60\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 125\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2041\nBUSH FIRES ACT 1954\nPART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES\nDivision 1—Establishment of a Bush Fire Brigade\n2.1 Establishment of a bush fire brigade\n2.2 Name and officers of bush fire brigade\nDivision 2—Command at a fire\n2.3 Ranks within the bush fire brigade\nDivision 3—Application of Rules to a bush fire brigade\n2.4 Rules\nDivision 4—Transitional\n2.5 Existing bush fire brigades\nDivision 5—Dissolution of Bush Fire Brigade\n2.6 Dissolution of bush fire brigade\n2.7 New Arrangement after dissolution\nPART 3—ORGANISATION AND MAINTENANCE OF Bush Fire BRIGADES\nDivision 1—local government responsibility\n3.1 Local government responsible for structure\n3.2 Officers to be supplied with Act\nDivision 2—Chief Bush Fire Control Officer\n3.3 Managerial role of Chief Bush Fire Control Officer\n3.4 Chief Bush Fire Control Officer may attend meetings\n3.5 Duties of Chief Bush FireControlOfficer\nDivision 3—Annual General Meetings of Bush Fire Brigades\n3.6 Holding of annual general meeting\n3.7 Nomination of Bush Fire Control Officers to Bush Fire Advisory Committee\n3.8 Nomination of Bush Fire Control Officer to the local government\n3.9 Minutes to be tabled before the Bush Fire Advisory Committee\n\n","sortOrder":32},{"sectionNumber":"2042","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2042 GOVERNMENT GAZETTE, WA 12 April 2017\nDivision 4—Bush Fire Advisory Committee\n3.10 Functions of Advisory Committee\n3.11 Advisory Committee to nominate Bush Fire Control Officers\n3.12 Local government to have regard to nominees\n3.13 Advisory Committee to consider bush fire brigade motions\nPART 4—TYPES OF BUSh FIRE BRIGADE MEMBERSHIP\n4.1 Types of membership of bush fire brigade\n4.2 Fire fighting members\n4.3 Associate members\n4.4 Cadet members\n4.5 Honorary life member\n4.6 Notification of membership\nPART 5—APPOINTMENT DISMISSAL AND MANAGEMENT OF MEMBERS\n5.1 Rules to govern\nPART 6—EQUIPMENT OF BUSH FIRE BRIGADES\n6.1 Policies of local government\n6.2 Equipment in brigade area\n6.3 Funding from local government budget\n6.4 Consideration in the local government budget\nSCHEDULE 1—Rules governing the operation of bush fire brigades [Cl 2.4]\n1.1 Interpretation\nPART 2—OBJECTS AND MEMBERSHIP OF THE BUSHFIRE BRIGADE\n2.1 Objects of bush fire brigade\n2.2 Committee to determine applications\n2.3 Conditions of membership\n2.4 Applications for membership\n2.5 Decision on application for membership\n2.6 Department to be notified of registrations\n2.7 Termination of membership\n2.8 Suspension of membership\n2.9 Existing liabilities to continue\n2.10 Member has right of defence\n2.11 Objection rights\nPART 3—FUNCTIONS OF BRIGADE OFFICERS\n3.1 Chain of command during fire fighting activities\n3.2 Captain\n3.3 Secretary\n3.4 Treasurer\n3.5 Equipment Officer\n3.6 Storage of equipment\n3.7 Equipment Officer to report\nPART 4—COMMITTEE\n4.1 Management of bush fire brigade\n4.2 Constitution of Committee\nPART 5—MEETINGS OF BUSH FIRE BRIGADE\n5.1 Ordinary meetings\n5.2 Special meetings\n5.3 Annual General Meeting\n5.4 Quorum\n5.5 Voting\n5.6 Auditor\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2043\nPART 6—MEETINGS OF COMMITTEE\n6.1 Meetings of Committee\n6.2 Quorum\n6.3 Voting\nPART 7—GENERAL ADMINISTRATION MATTERS\n7.1 Fees\n7.2 Funds\n7.3 Financial year\n7.4 Banking\n7.5 Disclosure of interests\n7.6 Disagreements\n","sortOrder":33},{"sectionNumber":"Part 8","sectionType":"part","heading":"NOTICES AND PROXIES","content":"PART 8—NOTICES AND PROXIES\n8.1 Notices\n8.2 Proxies\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2045\nBUSH FIRES ACT 1954\nUnder the powers conferred by the Bush Fires Act 1954 and the Local Government Act 1995 and\nunder all other powers enabling it, the Council of the Shire of Harvey resolved on 29 November 2016\nto make the following local law.\nThis local law may be cited as the Shire of Harvey Bush Fire Brigades Local Law 2017.\n(1) In this local law unless the context otherwise requires—\nAct means the Bush Fires Act 1954;\nbrigade area is defined in clause 2.2(1)(b);\nbrigade member means a fire fighting member, associate member or a cadet member of a bush\nfire brigade;\nbrigade officer means a person holding a position referred to in clause 2.2(1)(c), whether or not\nhe or she was appointed by the local government or elected at an annual general meeting of a\nbush fire brigade or otherwise appointed to the position;\nbush fire brigade is defined in section 7 of the Act;\nbush fire control officer means a person appointed to that office by the local government;\nBush Fire Operating Procedures means the Bush Fire Operating Procedures adopted by the\nlocal government as amended from time to time;\ncadet means any adolescent member of the Brigade between 11 and 15 years of age;\nChief Bush Fire Control Officer means the Chief Bush Fire Control Officer appointed under\nthe Act;\nCEO means the chief executive officer of the Shire of Harvey;\nCouncil means the Council of the local government;\nDepartment means the Department of Fire and Emergency Services established by section 3 of\nthe Fire and Emergency Services Act 1998;\nfire fighting activities means all normal brigade activities relating to an live bush fire which is\nactive in the district, and includes burning off, creating fire breaks and other methods for the\ncontrol of bush fires;\nfire fighting member is defined in clause 4.2;\nRegulations means Regulations made under the Act;\nRules means the Rules Governing the Operation of Bush Fire Brigades set out in the First\nSchedule;\nsimple majority has the meaning given to it in the Local Government Act 1995; and\nvolunteer fire brigade has the meaning given in the Fire Brigades Act 1942.\n(2) In this local law, unless the context otherwise requires, a reference to—\n(a) a Captain;\n(b) a First Lieutenant;\n(c) a Second Lieutenant;\n\n","sortOrder":34},{"sectionNumber":"2046","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2046 GOVERNMENT GAZETTE, WA 12 April 2017\n(d) any additional Lieutenants;\n(e) an Equipment Officer;\n(f) a Secretary;\n(g) a Treasurer; or\n(h) a Secretary / Treasurer combined;\nmeans a person holding that position in a bush fire brigade.\nThe Shire of Harvey Bush Fire Brigades Local Law as published in the Government Gazette on 11\nJune 2001 is repealed.\nPART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES\nDivision 1—Establishment of a bush fire brigade\n2.1 Establishment of a bush fire brigade\n(1) The local government may establish a bush fire brigade for the purpose of carrying out normal\nbrigade activities.\n(2) A bush fire brigade is established on the date of the local government’s decision under\nsubclause (1).\n2.2 Name and officers of bush fire brigade\n(1) On establishing a bush fire brigade under clause 2.1(1) the local government is to—\n(a) give a name to the bush fire brigade;\n(b) specify the area in which the bush fire brigade is primarily responsible for carrying out the\nnormal brigade activities; and\n(c) appoint—\n(i) a Captain;\n(ii) a First Lieutenant;\n(iii) a Second Lieutenant;\n(iv) additional Lieutenants if the local government considers it necessary;\n(v) an Equipment Officer;\n(vi) a Secretary;\n(vii) a Treasurer; and\n(viii) a Secretary/Treasurer combined;\n(2) When considering the appointment of persons to the positions in subclause (1)(c), the local\ngovernment is to have regard to the qualifications and experience which may be required to fill each\nposition.\n(3) A person appointed to a position in subclause (1)(c) is to be a registered brigade member.\n(4) The appointments referred to in subclause (1)(c) expire at the completion of the first annual\ngeneral meeting of the bush fire brigade.\n(5) If a position referred to in subclause (1)(c) becomes vacant prior to the completion of the first\nannual general meeting, then the local government is to appoint a person to fill the vacancy in\naccordance with subclause (2).\nDivision 2—Command at a fire\n2.3 Ranks within the bush fire brigade\n(1) Where under the Act and Bush Fire Operating Procedures members of the bush fire brigade have\ncommand of a fire, unless a bush fire control officer is in attendance at the fire, the Captain has full\ncontrol over other persons fighting the fire, and is to issue instructions as to the methods to be\nadopted by the fire fighters.\n(2) In the absence of the Captain, the Fire Control Officer, in the order of seniority determined, is to\nexercise all the powers and duties of the Captain.\n(3) Where a bush fire control officer is in attendance at a fire which the members of the bush fire\nbrigade have command of under the Act and the Bush Fire Operating Procedures, the most senior\nbush fire control officer has full control over other persons fighting the fire and is to issue instructions\nas to the methods to be adopted by the fire fighters.\nDivision 3—Application of Rules to a bush fire brigade\n2.4 Rules\n(1) The Rules govern the operation of a bush fire brigade.\n(2) A bush fire brigade and each brigade member is to comply with the Rules.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2047\nDivision 4—Transitional\n2.5 Existing bush fire brigades\n(1) Where a local government has established a bush fire brigade prior to the commencement date,\nthen on and from the commencement day—\n(a) the bush fire brigade is to be taken to be a bush fire brigade established under and in\naccordance with this local law;\n(b) the provisions of this local law apply to the bush fire brigade save for clause 2.2; and\n(c) any rules governing the operation of the bush fire brigade are to be taken to have been\nrepealed and substituted with the Rules.\ncommencement day means the day on which this local law comes into operation.\nDivision 5—Dissolution of bush fire brigade\n2.6 Dissolution of bush fire brigade\nIn accordance with section 41(3) of the Act, the local government may cancel the registration of a bush\nfire brigade if it is of the opinion that the bush fire brigade is not complying with the Act, this local\nlaw, the Bush Fire Operating Procedures or the Rules, or is not achieving the objectives for which it\nwas established.\n2.7 New arrangement after dissolution\nIf a local government cancels the registration of a bush fire brigade, alternative fire control\narrangements are to be made in respect of the brigade area.\nPART 3—ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES\nDivision 1—Local government responsibility\n3.1 Local government responsible for structure\nThe local government is to ensure that there is an appropriate structure through which the\norganisation of bush fire brigades is maintained.\n3.2 Officers to be supplied with Act\nThe local government is to supply each brigade officer with a copy of the Act, the Regulations, the\nBush Fire Operating Procedures, this local law and any other written laws which may be relevant to\nthe performance of the brigade officers’ functions, and any amendments which are made thereto from\ntime to time.\nDivision 2—Chief Bush Fire Control Officer\n3.3 Managerial role of Chief Bush Fire Control Officer\n(a) Subject to any directions by the local government the Chief Bush Fire Control Officer has\nprimary managerial responsibility for the organisation and maintenance of bush fire\nbrigades.\n(b) Where only one person is appointed as a bush fire control officer by the local government, that\nperson is a Chief Bush Fire Control Officer for the purposes of this local law.\n3.4 Chief Bush Fire Control Officer may attend meetings\nThe Chief Bush Fire Control Officer or her or his nominee (who is to be a bush fire control officer)\nmay attend as a non-voting representative of the local government at any meeting of a bush fire\nbrigade.\n3.5 Duties of Chief Bush Fire Control Officer\nThe duties of the Chief Bush Fire Control Officer are to—\n(a) provide leadership to volunteer fire brigade;\n(b) monitor bush fire brigades’ resourcing, equipment (including protective clothing) and training\nlevels and report thereon with recommendations at least once a year to the local government;\n(c) liaise with the local government concerning fire prevention or fire suppression matters\ngenerally and directions to be issued by the local government to bush fire control officers\n(including those who issue permits to burn), bush fire brigades or brigade officers; and\n(d) ensure that bush fire brigades are registered with the local government and that lists of\nbrigade members are maintained.\nDivision 3—Annual general meetings of bush fire brigades\n3.6 Holding of annual general meeting\nA bush fire brigade is to hold one annual general meeting every financial year.\n3.7 Nomination of bush fire control officers to Bush Fire Advisory Committee\nAt the annual general meeting of a bush fire brigade, the brigade may nominate preferred candidates\nfor the position of bush fire control officer to the Chief Bush Fire Control Officer and to the Bush Fire\nAdvisory Committee for consideration and recommendation to Council.\n\n","sortOrder":35},{"sectionNumber":"2048","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2048 GOVERNMENT GAZETTE, WA 12 April 2017\n3.8 Nomination of bush fire control officer to the local government\nIf the local government has not established a Bush Fire Advisory Committee, then at the annual\ngeneral meeting of a bush fire brigade, the bush fire brigade is to nominate one brigade member to\nthe local government to serve as the bush fire control officer for the brigade area until the next\nannual general meeting.\n3.9 Minutes to be tabled before the Bush Fire Advisory Committee\n(1) The Secretary is to forward a copy of the minutes of the annual general meeting of a bush fire\nbrigade to the Chief Bush Fire Control Officer within one month after the meeting.\n(2) The Chief Bush Fire Control Officer is to table the minutes of a bush fire brigade’s annual general\nmeeting at the next meeting of the—\n(a) Bush Fire Advisory Committee; or\n(b) Local government, if there is no Bush Fire Advisory Committee,\nfollowing their receipt under subclause (1).\nDivision 4—Bush Fire Advisory Committee\n3.10 Functions of Advisory Committee\nThe Bush Fire Advisory Committee is to have the functions set out in section 67 of the Act and is to\ninclude such number of nominees of the bush fire brigades as is determined by the local government.\n3.11 Advisory Committee to nominate bush fire control officers\nAs soon as practicable after the annual general meeting of each bush fire brigade in the district, the\nBush Fire Advisory Committee is to nominate to the local government from the persons nominated by\neach bush fire brigade a person for the position of a bush fire control officer for the brigade area.\n3.12 Local government to have regard to nominees\nWhen considering persons for the position of a bush fire control officer, the local government is to\nhave regard to those persons nominated by the Bush Fire Advisory Committee, but is not bound to\nappoint the persons nominated.\n3.13 Advisory Committee to consider bush fire brigade motions\nThe Bush Fire Advisory Committee is to make recommendations to the local government on all\nmotions received by the Bush Fire Advisory Committee from bush fire brigades.\nPART 4—TYPES OF BUSH FIRE BRIGADE MEMBERSHIP\n4.1. Types of membership of bush fire brigade\nThe membership of a bush fire brigade consists of the following—\n(a) fire fighting members;\n(b) associate members;\n(c) cadet members; and\n(d) honorary life members.\n4.2 Fire fighting members\n(1) Fire fighting members are those persons being at least 16 years of age who undertake all normal\nbrigade activities.\n(2) Notwithstanding subclause (1), a fire fighting member between the age of 16 and 18 must not\nattend a fire or other emergency incident unless the member has the consent of their parent or\nguardian and is accompanied by an appropriately trained fire fighting member over the age of 18.\n4.3 Associate members\nAssociate members are those persons who are willing to supply free vehicular transport for fire\nfighting members or fire fighting equipment, or who are prepared to render other assistance required\nby the bush fire brigade.\n4.4 Cadet members\nCadet members are—\n(a) to be aged 11 to 15 years;\n(b) to be admitted to membership only with the consent of their parent or guardian;\n(c) admitted for the purpose of training and are not to attend or be in attendance at an\nuncontrolled fire or other emergency incident;\n(d) to be supervised by a fire fighting member when undertaking normal brigade activities as\ndefined by paragraphs (c), (d), (e), (f) and (g) of section 35A of the Act;\n(e) ineligible to vote at bush fire brigade meetings; and\n(f) not to be assigned ranks under the Department’s rank structure.\n4.5 Honorary life member\n(1) The bush fire brigade may by a simple majority resolution appoint a person as an honorary life\nmember in recognition of services by that person to the bush fire brigade.\n(2) No membership fees are to be payable by an honorary life member.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2049\n4.6 Notification of membership\nNo later than 31 May in each year, the bush fire brigade is to report to the Chief Bush Fire Control\nOfficer the name, contact details and type of membership of each brigade member.\nPART 5—APPOINTMENT DISMISSAL AND MANAGEMENT OF MEMBERS\n5.1 Rules to govern\nThe appointment, dismissal and management of brigade members by the bush fire brigade are\ngoverned by the Rules.\nPART 6—EQUIPMENT OF BUSH FIRE BRIGADES\n6.1 Policies of local government\nThe local government may make policies under which it—\n(a) provides funding to bush fire brigades for the purchase of protective clothing, equipment and\nappliances; and\n(b) keeps bush fire brigades informed of opportunities for funding from other bodies.\n6.2 Equipment in brigade area\nNot later than 31 May in each year, the bush fire brigade is to report to the local government the\nnature, quantity and quality of all protective clothing, equipment and appliances of the bush fire\nbrigade which are generally available within the brigade area (or at a station of the bush fire\nbrigade).\n6.3 Funding from local government budget\nA request to the local government from the bush fire brigade for funding of protective clothing,\nequipment or appliance needs is to be received by the local government by 31 March in order to be\nconsidered in the next following local government budget, and is to be accompanied by the last\naudited financial statement and a current statement of assets and liabilities of the bush fire brigade.\n6.4 Consideration in the local government budget\nThe local government may approve or refuse an application for funding depending upon the\nassessment of budget priorities for the year in question.\n————\nSchedule 1—Rules governing the operation of bush fire brigades\n[Clause 5.1]\n1.1 Interpretation\n(1) In these Rules, unless the context otherwise requires, where a term is used in these Rules and is\ndefined in the local law, the Act or the Regulations, then the term is to be taken to have the meaning\nassigned to it in the local law, the Act or the Regulations, as the case may be.\n(2) In these Rules, unless the context otherwise requires—\nabsolute majority means a majority of more than 50% of the number of—\n(a) brigade members of the bush fire brigade, whether in attendance at the meeting or not,\nif the majority is required at a meeting of the bush fire brigade; or\n(b) brigade officers of the bush fire brigade, whether in attendance at the meeting or not, if\nthe majority is required at a meeting of the Committee.\nCommittee means the Committee of the bush fire brigade;\nlocal law means the Shire of Harvey Bush Fire Brigades Local Law 2017; and\nnormal brigade activities is defined by section 35A of the Act.\n(3) Subject to these Rules, where a decision is to be made by the bush fire brigade, then the decision\nmay be made by a resolution passed by a simple majority of the brigade members who are present in\nperson or by proxy at the meeting.\n(4) Subject to these Rules, where a decision is to be made by the Committee, then the decision may be\nmade by a resolution passed by a simple majority of the brigade officers who are present in person or\nby proxy at the meeting.\nPART 2—OBJECTS AND MEMBERSHIP OF BUSH FIRE BRIGADE\n2.1 Objects of bush fire brigade\nThe objects of the bush fire brigade are to carry out—\n(a) the normal brigade activities; and\n(b) the functions of the bush fire brigade which are specified in the Act, the Regulations and the\nlocal law.\n\n","sortOrder":36},{"sectionNumber":"2050","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2050 GOVERNMENT GAZETTE, WA 12 April 2017\n2.2 Committee to determine applications\nApplications for membership are to be determined by the Committee.\n2.3 Conditions of membership\nIn relation to any type of membership, as described in Part 4 of the local law, the bush fire brigade\nmay establish policies pertaining to—\n(a) the qualifications required;\n(b) fees payable, if any;\n(c) a requirement to serve a probationary period; and\n(d) procedures to be employed by the Committee prior to approval of an application for\nmembership,\nand the Committee is to act within the parameters of any such policy in determining applications for\nmembership.\n2.4 Applications for membership\nAn application for membership is to be in writing and is to be submitted to the Secretary and in the\ncase of—\n(a) an application for firefighting membership is to be accompanied by a completed form in the\nform of that in Appendix I.\n(b) an application for associate membership is to be accompanied by a completed form in the\nform of that in Appendix II.\n(c) an application for cadet membership is to be accompanied by a completed form in the form of\nthat in Appendix III.\n2.5 Decision on application for membership\n(1) The Committee may—\n(a) approve an application for membership unconditionally or subject to any conditions; or\n(b) refuse to approve an application for membership.\n(2) If the Committee refuses to approve an application for membership, it is to give written reasons\nfor the refusal, as soon as practicable after the decision is made, to the applicant and the advice that\nthe applicant has the right to object to the local government.\n2.6 Department to be notified of registrations\nIf any application for membership is approved, the Secretary of the bush fire brigade is to supply\nregistration details to the Department of Fire and Emergency Services within 14 days of a person\nbeing admitted to membership in the form required by the Department from time to time.\n2.7 Termination of membership\n(1) Membership of the bush fire brigade terminates if the member—\n(a) dies;\n(b) gives written notice of resignation to the Secretary;\n(c) is, in the opinion of the Committee, permanently incapacitated by mental or physical ill-\nhealth;\n(d) is dismissed by the Committee; or\n(e) ceases to be a member or is taken to have resigned under subclause (2).\n(2) A brigade member whose membership fees are more than one year in arrears is to be taken to\nhave resigned from the bush fire brigade.\n2.8 Suspension of membership\n(1) Membership of the bush fire brigade may be suspended at any time if, in the opinion of the\nCommittee, circumstances warrant suspending the member.\n(2) The period of suspension shall be at the discretion of the Committee.\n(3) Upon the expiry of the period of suspension the Committee may—\n(a) extend the period of suspension;\n(b) terminate the membership; or\n(c) reinstate the membership.\n2.9 Existing liabilities to continue\nThe resignation or dismissal of a member under clause 2.7 does not affect any liability of the brigade\nmember arising prior to the date of resignation or dismissal.\n2.10 Member has right of defense\nA brigade member is not to be dismissed under clause 2.7(1)(d) without being given the opportunity to\nmeet with the Committee and answer any charges which might give grounds for dismissal.\n2.11 Objection Rights\nA person whose—\n(a) application for membership is refused under clause 2.5(1)(b);\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2051\n(b) membership is terminated under clause 2.7(1)(c), clause 2.7(1)(d) or clause 2.8(3)(b); or\n(c) membership is suspended under clause 2.8(1) or clause 2.8(3)(a),\nhas the right of objection to the local government which may dispose of the objection by—\n(a) dismissing the objection;\n(b) varying the decision objected to; or\n(c) revoking the decision objected to, with or without—\n(i) substituting for it another decision; or\n(ii) referring the matter, with or without directions, for another decision by the Committee.\nPART 3—FUNCTIONS OF BRIGADE OFFICERS\n3.1 Chain of command during fire fighting activities\nSubject to the Act and the local law, the command procedures to apply during fire fighting activities\nare as detailed in the local government’s Bush Fire Operating Procedures.\n3.2 Captain\n(1) Subject to subclause (2), the Captain is to preside at all meetings.\n(2) In the absence of the Captain, the meeting may elect another person to preside at the meeting.\n3.3 Secretary\n(1) The Secretary is to—\n(a) be in attendance at all meetings and keep a correct minute and account of the proceedings of\nthe bush fire brigade in a book which shall be open for inspection by brigade members at any\nreasonable time;\n(b) answer all correspondence or direct it appropriately, and keep a record of the same;\n(c) prepare and send out all necessary notices of meetings;\n(d) receive membership fees, donations and other monies on behalf of the bush fire brigade, and\nremit them to the Treasurer upon receipt;\n(e) complete and forward an incident report form in the form required by the Department to the\nChief Bush Fire Control Officer and the Department within 14 days after attendance by the\nbush fire brigade at an incident; and\n(f) maintain a register of all current brigade members which includes each brigade member’s\ncontact details and type of membership;\n(g) provide no later than 31 May in each year, a report to the Chief Bush Fire Control Officer\ndetailing the name, contact details and type of membership of each brigade member.\n(2) Where a bush fire brigade attends an incident on more than one day, the incident report form is to\nbe completed and forwarded under subclause (1)(e) within 14 days after the last day of attendance.\n3.4 Treasurer\nThe Treasurer is to—\n(a) receive donations and deposits from the Secretary, and deposit all monies to the credit of the\nbush fire brigade’s bank account;\n(b) pay accounts as authorised by the Committee;\n(c) keep a record of all monies received and payments made, maintain the accounts and prepare\nthe balance sheet for each financial year;\n(d) be the custodian of all monies of the bush fire brigade;\n(e) regularly inform the Secretary of the names of those brigade members who have paid their\nmembership fees; and\n(f) report on the financial position at meetings of the bush fire brigade or Committee.\n3.5 Equipment Officer\nThe Equipment Officer is responsible for the custody and maintenance in good order and condition of\nall protective clothing, equipment and appliances provided by the local government to the bush fire\nbrigade (or of the bush fire brigade).\n3.6 Storage of equipment\n(1) The Equipment Officer may store all of the equipment of the bush fire brigade at a place approved\nby the Captain (the station).\n(2) If there is to be more than one station in the brigade area, the Equipment Officer is to appoint in\nrespect of each station a person who is responsible for the custody and maintenance in good order and\ncondition of all equipment and appliances at the station, subject to any direction of the Equipment\nOfficer.\n3.7 Equipment Officer to report\nThe Equipment Officer is to provide, no later than 31 May of each year, a report to the local\ngovernment and bush fire brigade Captain describing the nature, quantity and quality of all\nprotective clothing, equipment and appliances of the bush fire brigade which are generally available\nwithin the bush fire brigade area (or at a station of the bush fire brigade).\n\n","sortOrder":37},{"sectionNumber":"2052","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2052 GOVERNMENT GAZETTE, WA 12 April 2017\nPART 4—COMMITTEE\n4.1 Management of bush fire brigade\n(1) Subject to the provisions of these Rules, the administration and management of the affairs of the\nbush fire brigade are vested in the Committee.\n(2) Without limiting the generality of subclause (1), the Committee is to have the following\nfunctions—\n(a) to recommend to the local government amendments to these Rules;\n(b) to draft the annual budget for the bush fire brigade and present it at the annual general\nmeeting of the bush fire brigade;\n(c) to propose a motion for consideration at any meeting of the bush fire brigade;\n(d) to recommend to the local government equipment which needs to be supplied by the local\ngovernment to the bush fire brigade;\n(e) to invest or place on deposit any of the funds of the bush fire brigade not immediately\nrequired to perform the normal brigade activities;\n(f) to delegate to a person, as from time to time thought fit, any functions (being less than the\ntotal functions of the Committee) on any conditions it thinks fit;\n(g) to do all things necessary or convenient in order to perform any of its functions and to secure\nthe performance of the normal brigade activities by the bush fire brigade; and\n(h) deal with membership applications, grievances, disputes and disciplinary matters.\n4.2 Constitution of Committee\n(1) The Committee of the bush fire brigade is to consist of the brigade officers being the Captain,\nSecretary, Treasurer, Equipment Officer and the Lieutenants of the bush fire brigade.\n(2) The brigade officers are to—\n(a) be elected at the annual general meeting of the bush fire brigade;\n(b) hold office until the next annual general meeting; and\n(c) be eligible for re-election at the next annual general meeting.\n(3) Any brigade officer may be removed from office by an absolute majority decision of the brigade\nmembers present in person or by proxy at a special meeting called for such a purpose.\n(4) The Committee may appoint a brigade member to fill a vacancy in any office arising from a\nresolution under subclause (3) or which has arisen for any other reason.\nPART 5—MEETINGS OF BUSH FIRE BRIGADE\n5.1 Ordinary meetings\n(1) Ordinary meetings may be called at any time by the Secretary by giving at least 7 days notice to\nall brigade members and to the Chief Bush Fire Control Officer, for the purpose of—\n(a) organising and checking equipment;\n(b) requisitioning new or replacement equipment;\n(c) organising field excursions, training sessions, hazard reduction programs, and the\npreparation of fire-breaks;\n(d) establishing new procedures in respect of any of the normal brigade activities; and\n(e) dealing with any general business.\n(2) In a notice given under subclause (1), the Secretary is to specify the business which is to be\n(3) Business may be conducted at an ordinary meeting of the bush fire brigade notwithstanding that\nit was not specified in a notice given under subclause (1) in relation to that meeting.\n5.2 Special meetings\n(1) The Secretary is to call a special meeting when 5 or more brigade members request one in writing.\n(2) At least 2 days notice of a special meeting is to be given by the Secretary, to all brigade members\nand to the Chief Bush Fire Control Officer.\n(3) In a notice given under subclause (2), the Secretary is to specify the business which is to be\n(4) No business is to be conducted at a special meeting beyond that specified in a notice given under\nsubclause (2) in relation to that meeting.\n5.3 Annual general meeting\n(1) At least 7 days notice of the annual general meeting is to be given by the Secretary to all brigade\nmembers and to the Chief Bush Fire Control Officer.\n(2) At the annual general meeting the bush fire brigade is to—\n(a) elect the brigade officers from among the brigade members;\n(b) consider the Captain’s report on the year’s activities;\n(c) adopt the annual financial statements;\n(d) appoint an Auditor for the ensuing financial year in accordance with clause 5.6; and\n(e) deal with any general business.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2053\n(3) In a notice given under subclause (1), the Secretary is to specify the business which is to be\n(4) Business may be conducted at an annual general meeting notwithstanding that it was not\nspecified in a notice given under subclause (1) in relation to that meeting.\n5.4 Quorum\n(1) The quorum for a meeting of the bush fire brigade is at least 50% of the number of officers\n(whether vacant or not) or members of the bush fire brigade.\n(2) No business is to be transacted at a meeting of the bush fire brigade unless a quorum of brigade\nmembers is present in person or by proxy.\n5.5 Voting\nEach brigade member is to have one vote, however in the event of an equality of votes, the Captain (or\nperson presiding) may exercise a casting vote.\n5.6 Auditor\n(1) At the annual general meeting a person, not being a brigade member, is to be appointed as the\nAuditor of the bush fire brigade for the ensuing financial year.\n(2) The Auditor is to audit the accounts of the bush fire brigade not less than 7 days before the annual\ngeneral meeting and is to certify to their correctness or otherwise and present a report at the annual\ngeneral meeting.\nPART 6—MEETINGS OF COMMITTEE\n6.1 Meetings of Committee\n(1) The Committee is to meet for the despatch of business, adjourn and otherwise regulate its meeting\nas it thinks fit.\n(2) The Captain or Secretary may convene a meeting of the Committee at any time.\n6.2 Quorum\nNo business is to be transacted at a meeting of the Committee unless a quorum of 3 brigade officers\nare present in person.\n6.3 Voting\nEach brigade officer is to have one vote, however in the case of an equality of votes, the Captain (or\nperson presiding) may exercise a casting vote.\nPART 7—GENERAL ADMINISTRATION MATTERS\n7.1 Fees\n(1) The membership fees, if any, for each type of member for the ensuing 12 months are to be\ndetermined by the bush fire brigade at the annual general meeting.\n(2) Subject to subclause (3), a member is to pay the membership fees for her or his type of\nmembership on or before 1 May.\n(3) The bush fire brigade may exempt a brigade member or a class of membership, from the payment\nof membership fees, for such period and on such conditions as the bush fire brigade may determine.\n7.2 Funds\nThe funds of the bush fire brigade are to be used solely for the purpose of promoting the objects of the\nbush fire brigade.\n7.3 Financial year\nThe financial year of the bush fire brigade is to commence on 1 July and is to end on 30 June of the\nfollowing year.\n7.4 Banking\n(1) The brigade must have 3 Committee Members to act as signatories for the brigade accounts each\nFinancial Year.\n(2) A minimum of 2 signatures is required on any brigade account cheque or bank transaction form.\n7.5 Disclosure of interests\n(1) A brigade member shall disclose to the bush fire brigade or Committee any financial interest\n(whether direct or indirect) he or she may have in any matter being considered by the bush fire\nbrigade or Committee, as appropriate.\n(2) If a financial interest has been disclosed under subclause (1), then the bush fire brigade or\nCommittee, as appropriate, is to decide, in the absence of the brigade member who disclosed that\ninterest, whether or not the brigade member is to be permitted to vote on that matter.\n(3) Where the bush fire brigade or Committee, as appropriate, decides under subclause (2), that a\nbrigade member is not to be permitted to vote on a matter, and the brigade member votes on the\nmatter, then her or his vote is to be taken to have no effect and is not to be counted.\n7.6 Disagreements\n(1) Any disagreement between brigade members may be referred to either the Captain or to the\nCommittee.\n\n","sortOrder":38},{"sectionNumber":"2054","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2054 GOVERNMENT GAZETTE, WA 12 April 2017\n(2) Where a disagreement in subclause (1) is considered by the Captain or the Committee to be of\nimportance to the interests of the bush fire brigade, then the Captain or the Committee, as the case\nmay be, is to refer the disagreement to the annual general meeting, an ordinary meeting or a special\nmeeting of the bush fire brigade.\n(3) The local government is the final authority on matters affecting the bush fire brigade, and may\nresolve any disagreement which is not resolved under subclause (1) or (2).\nPART 8—NOTICES AND PROXIES\n8.1 Notices\n(1) Notices of meetings of the bush fire brigade are to be in writing and sent by ordinary post or by\nelectronic communication to the registered address of each brigade member.\n(2) Notices of meetings of the Committee may be given in writing in accordance with subclause (1) or\nby such other means as the Committee may decide (by an absolute majority) at a meeting of the\nCommittee.\n(3) Any accidental omission to give notice of a meeting to, or non-receipt by a person entitled to\nreceive such notice, is not to invalidate the meeting the subject of the notice or any resolutions passed\nat the meeting.\n(4) Where any notice other than a notice of meeting is to be given under these Rules, the notice is to\nbe—\n(a) in writing;\n(b) unless otherwise specified, given to or by the Secretary;\n(c) given by—\n(i) personal delivery;\n(ii) post; or\n(iii) an electronic communication;\n(d) taken to have been received, as the case may be—\n(i) at the time of personal delivery;\n(ii) 2 business days after posting;\n(iii) on the printing of the sender’s transmission report; or\n(iv) at the time when the electronic communication becomes capable of being retrieved by\nthe addressee.\n8.2 Proxies\n(1) Where under these Rules a brigade member may vote by proxy, in order for the proxy to so vote,\nthe brigade member or the proxy shall give a notice in the form of that appearing in this clause, to the\nSecretary or the person presiding at the meeting before the start of the meeting at which the proxy is\nto be used.\n(2) A proxy is to be valid for the meeting for which it is given and for any adjournments of that\nmeeting.\n(3) A proxy shall be valid for the number of votes to which the brigade member is entitled.\n(4) If the donor of the proxy does not give any indication of the manner in which the proxy is to vote,\nthe proxy shall be entitled to vote or not vote as he or she thinks fit.\n(5) A proxy shall be entitled to speak on behalf of the donor of the proxy.\n(6) All forms appointing proxies deposited under subclause (1) are to be retained by the Secretary for\nnot less than 28 days after the conclusion of the meeting to which they relate but if there is any\nobjection to the validity of any vote at the meeting, they are to be retained until the determination of\nthat objection.\n(7) The form appointing a proxy shall be in writing and signed by the brigade member appointing the\nproxy and shall be in or substantially in the form set out below—\nFORM 1\nPROXY VOTE\nSHIRE OF HARVEY BUSH FIRE BRIGADE\n[ANNUAL] [EXTRAORDINARY] GENERAL MEETING\nTO BE HELD ON [DATE]\nI, ............................................................................ ,\nBeing a brigade member appoint ................................................................... to be my proxy and vote on\nmy behalf at the meeting of the bush fire brigade to be held on [insert date] and at any adjournment\nof it. The proxy shall vote as follows—\nMOTION FOR AGAINST ABSTAIN\n1. ..................................................................\n2. ..................................................................\nIf there is no instruction to the proxy as to the way to vote, the proxy shall exercise her or his\ndiscretion as to how to vote or whether to vote at all. In respect of any vote taken at the meeting on a\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2055\nmatter which does not appear on the agenda, the proxy shall exercise her or his discretion as to the\nway he or she casts the vote or whether it is cast at all.\nDate: ...................................................\nSigned: ................................................\nNOTE: To be valid this proxy must be completed and returned to the Secretary of the bush fire\nbrigade (or the presiding member) prior to the commencement of the meeting for which the proxy is\nvalid.\nDated this ............... day of ....................................... , 20 .........\n————\nAPPENDIX I\nAPPLICATION FOR MEMBERSHIP—FIRE FIGHTING MEMBER\nI make application to be a fire fighting member of the .............................................. Bush Fire Brigade.\nApplicant’s Name ...........................................................................................................................................\nMy private address is ....................................................................................................................................\n........................................................................................................................................................................\nMy business address is ..................................................................................................................................\n........................................................................................................................................................................\nUsual Occupation ...........................................................................................................................................\nTelephone No: (Home) ........................... (Work) ................................ Mobile ............................................\nFax No: ............................................... (Home) ................................. (Work) ..................................................\nCB Radio .......................................... Channel ............................. Call Sign ..................................................\nIf needed, I can provide my own transport to the scene of any outbreak. (This line to be struck out if\nnot applicable)\nI hold a current driver’s licence No ..................................... Classes ..........................................\nI declare that I am at least 16 years of age and in good health with no known medical conditions\nwhich might limit my capacity to fight fires.\n(2) to be governed by the provisions of the Bush Fires Act 1954 and the Regulations made under\nthat Act, and the local law and policies of the Shire of Harvey relevant to fire control and bush\nfire brigades;\n(3) to use my best endeavours to give assistance in fire fighting measures when called upon and\non such occasions to obey all orders and instructions issued by duly authorised officers of the\nbush fire brigade or the local government;\nDate ..................................................... .........................................................................\nPlease list here any fire fighting equipment owned by you.\n1. ............................................................. ……………………………………………………………………………\n2. ............................................................. ……………………………………………………………………………\n3. ............................................................. ……………………………………………………………………………\n4.\n————\n\n","sortOrder":39},{"sectionNumber":"2056","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2056 GOVERNMENT GAZETTE, WA 12 April 2017\nAPPENDIX II\nAPPLICATION FOR MEMBERSHIP—ASSOCIATE MEMBER\nI make application to be an associate member of the ................................................... Bush Fire Brigade.\n(a) I am prepared to offer to transport fire fighting members and/or equipment to the scene of\nany outbreak when called upon. I have a motor vehicle of the following type ………………..\navailable for such purpose.\nMDL No: ………………………. Classes: ……………………………..\n(b) I am prepared to offer my services in the following capacity—\n..........................................................................................................................................................\n..........................................................................................................................................................\nparagraph (a) or (b) above may be struck out if not applicable)\nApplicant’s Name .............................................................................................................................\nMy private address is ......................................................................................................................\n..........................................................................................................................................................\nMy business address is ....................................................................................................................\n..........................................................................................................................................................\nTelephone No: (Home)............................ (Work)............................ Mobile ...................................\nFax No: .................................. (Home) ................................ (Work) .................................................\nCB Radio ............................. Channel .............................Call Sign .................................................\n(2) to be governed by the provisions of the Bush Fires Act 1954 and any Regulations\nmade under the Act and the local law and policies of the Shire of Harvey relevant to\nfire control and bush fire brigades;\n(3) to use my best endeavours to assist in normal bush fire brigade activities as an\nassociate member when called upon;\nDate ..................................................... ........................................................................\n————\nAPPENDIX III\nAPPLICATION FOR MEMBERSHIP—CADET MEMBER\nI make application to be a cadet member of the ........................................................... Bush Fire Brigade.\nApplicant’s Name ..........................................................................................................................................\nMy private address is ....................................................................................................................................\n.......................................................................................................................................................................\nTelephone No: (Home) ........................... (Work)................................. Mobile............................................\nFax No: ............................................... (Home) ................................ (Work) .................................................\nCB Radio ........................................... Channel .............................Call Sign .................................................\nI declare that I am ....................... years of age and in good health.\nDate of Birth:.................................\n(2) to be governed by the provisions of the Bush Fires Act 1954 and the Regulations made under\nthat Act, and the local law and policies of the Shire of Harvey relevant to the activities of\ncadet members;\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2057\n(3) to obey all orders and instructions issued by duly authorised officers of the bush fire brigade\nor the local government;\nDate ..................................................... .........................................................................\nParent / Guardian consent—\nI being the parent/guardian of the above applicant, consent to him/her being a cadet member of\nthe Bush Fire Brigade, in accordance with the rules applicable to cadet membership.\nSigned .......................................................\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2059\nCEMETERIES ACT 1986\n1.2 Application\n1.3 Commencement\nPART 2—ADMINISTRATION\n2.1 Powers and functions of CEO\nPART 3—APPLICATION FOR FUNERALS\n3.1 Application for burial\n3.2 Applications to be accompanied by certificates etc\n3.3 Certificate of identification\n3.4 Minimum notice required\nPART 4—FUNERAL DIRECTORS\n4.1 Funeral director’s licence expiry\n4.2 Single funeral permits\n4.3 Application refusal\nPART 5—FUNERALS\n5.1 Requirements for funerals and coffins\n5.2 Funeral processions\n5.3 Vehicle entry restricted\n5.4 Vehicle access and speed limitations\n5.5 Offenders may be ordered to leave\n5.6 Conduct of funeral by Board\nDivision 2—Placement of ashes\n5.7 Disposal of ashes\nPART 6—BURIALS\n6.1 Depth of graves\n6.2 Mausoleum, etc\nPART 7—MEMORIALS AND OTHER WORK\n7.1 Application for monumental work\n7.2 Placement of monumental work\n7.3 Removal of rubbish\n7.4 Operation of work\n\n","sortOrder":40},{"sectionNumber":"2060","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2060 GOVERNMENT GAZETTE, WA 12 April 2017\n7.5 Removal of sand, soil or loam\n7.6 Hours of work\n7.7 Unfinished work\n7.8 Use of wood\n7.9 Plants and trees\n7.10 Supervision\n7.11 Australian War Graves\n7.12 Placing of glass domes and vases\nDivision 2—Lawn Section\n7.13 Specification of monuments\n7.14 Headstones\nDivision 3—Memorial plaque section\n7.15 Requirements of a memorial plaque\nDivision 4—Licensing of monumental masons\n7.16 Monumental mason’s licence\n7.17 Expiry date, non-transferability\n7.18 Carrying out monumental work\n7.19 Responsibilities of the holder of a monumental mason’s licence\n7.20 Cancellation of a monumental mason’s licence\nPART 8—GENERAL\n8.1 Animals\n8.2 Damaging and removing of objects\n8.3 Withered flowers\n8.4 Littering and vandalism\n8.5 Advertising\n8.6 Obeying signs and directions\n8.7 Removal from the cemetery\nPART 9—OFFENCES AND MODIFIED PENALTY\n9.1 General\n9.2 Modified penalties\nSCHEDULE 1—MODIFIED PENALTIES\nSCHEDULE 2—INFRINGEMENT NOTICE\nSCHEDULE 3—INFRINGEMENT WITHDRAWAL NOTICE\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2061\nCEMETERIES ACT 1986\nUnder the powers conferred by the Cemeteries Act 1986 and the Local Government Act 1995 and\nunder all other powers enabling it, the Council of the Shire of Harvey resolved on 29 November 2017\nto adopt the following local law.\nThis local law may be cited as the Shire of Harvey Cemeteries Local Law 2017.\n1.2 Application\nThis local law applies to the Harvey (Reserve 13178), Harvey Lawn (Lot 3 on diagram 37953 (No. 632)\nForestry Road), Australind (Reserve 7575), and Cookernup (Reserve 3309) Cemeteries located in the\ndistrict.\n1.3 Commencement\nThe Shire of Harvey Cemeteries Local Law as published in the Government Gazette on 23 June 2000 is\nIn this local law, unless the context otherwise requires—\nAct means the Cemeteries Act 1986;\nashes means so much of the remains of a dead body after the due processes of cremation as may\nbe contained in a standard sized cremation urn;\nauthorised officer means an employee of the Board authorised by the Board for the purposes of\nperforming any function or exercising any power conferred upon an authorised officer by this\nBoard means the local government;\nCEO means the chief executive officer, for the time being, of the Board;\ncoffin means a coffin or other receptacle used for the transportation of a dead body to the grave\nsite, or the receptacle used for the burial of a dead body in a grave;\ncrypt has the same meaning as vault;\nfuneral director means a person holding a funeral directors licence.\nmausoleum means a building or construction wholly above or partially above and below ground\nlevel, so constructed as to allow the deposition of dead bodies into a compartment in the wall\nor floor and being sealed from view;\nmemorial includes headstone, plaque, tombstone, monumental work, inscription, kerbing,\nenclosure and any other fixture or thing commemorating a grave or placement of ashes;\nmonument means a sculpture, statue, headstone, plaque, grave boundary marker, fence or cover,\napproved by the Board, commemorating a grave or placement of ashes;\nmonumental mason’s licence means a licence issued under clause 7.16;\nmonumental work when the term is used as an abstract noun shall include the erection,\nalteration or removal of or other working upon a monument on a grave;\n\n","sortOrder":41},{"sectionNumber":"2062","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2062 GOVERNMENT GAZETTE, WA 12 April 2017\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land\naffected by the interference;\npersonal representative means—\n(a) The administrator or executor of an estate of a deceased person;\n(b) The person who, by law of practice, has the right to apply for administration of the\nestate of the deceased person; or\n(c) A person having lawful custody of a dead body;\nset fee refers to fees and charges set by a resolution of the Board and published in the\nGovernment Gazette, under section 53 of the Act;\nsingle funeral permit means a permit issued by the Board under section 20 or 21 of the Act\nwhich entitles the holder to conduct at the cemetery a funeral of a person named in the\npermit; and\nvault means a below ground lined grave with one or more sealed compartments constructed to\nspecifications approved from time to time by the Board.\nvehicle has the same meaning as is given to that word in the Road Traffic (Administration)\nAct 2008 (as amended from time to time), and includes trail bikes, beach buggies and other\nrecreational vehicles licenced or unlicensed, but excludes a wheelchair being used by a\nphysically impaired person.\nPART 2—ADMINISTRATION\n2.1 Powers and functions of CEO\nSubject to any directions given by the Board, the CEO shall exercise all the powers and functions of\nthe Board in respect of the cemetery.\nPART 3—APPLICATION FOR FUNERALS\n3.1 Application for burial\n(1) A person may apply for approval to bury a dead body in the cemetery in the form determined by\nthe Board from time to time.\n(2) An application under subclause (1) is to be accompanied by the set fee.\n3.2 Applications to be accompanied by certificates etc\nAll applications referred to in clauses 3.1 shall be accompanied by either a medical certificate of death\nor a Coroner’s order of burial, and a certificate issued under clause 3.3, in respect of the body.\n3.3 Certificate of identification\n(1) After a dead body is placed in a coffin and prior to a dead body being removed to the cemetery, a\nperson who personally knew the deceased shall identify the dead body and shall complete a certificate\nof identification in the form determined by the Board from time to time, unless—\n(a) in the opinion of a funeral director, the dead body is not in a fit state to be viewed; or\n(b) after reasonable effort the funeral director is unable to arrange for a person to identify the\ndead body.\n(2) A funeral director shall complete a certificate in the form determined by the Board from time to\ntime, where—\n(a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or\n(b) after reasonable effort the funeral director is unable to arrange for a person to identify the\ndead body.\n3.4 Minimum notice required\nAll bookings to hold a funeral shall be made with the Board at least 48 hours prior to the time\nproposed for burial on the application, otherwise an extra charge may be made.\nPART 4—FUNERAL DIRECTORS\n4.1 Funeral director’s licence expiry\nA funeral director’s licence shall expire on 30 June of each year.\n4.2 Single funeral permits\nEvery application for a single funeral permit made under section 20 or 21 of the Act shall include\ncoffin specifications and details of the vehicle transporting the dead body to the gravesite.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2063\n4.3 Application refusal\nThe Board may refuse an application for a single funeral permit if, in the opinion of the Board, either\nthe coffin specifications or the details of the vehicle transporting the dead body to the gravesite are\nnot structurally sound or are otherwise inadequate or inappropriate, or on any other grounds.\nPART 5—FUNERALS\n5.1 Requirements for funerals and coffins\n(1) A person shall not bring a dead body into the cemetery unless—\n(a) the Board has approved an application for the burial of that dead body in accordance with\nPart 3 of this local law;\n(b) it is enclosed in a coffin which in the opinion of the Board is structurally sound and bears the\nname of the deceased person indelibly inscribed in legible characters on a plate on the coffin’s\nlid; and\n(c) under the plate referred to in paragraph (b) there is a substantive lead strip bearing the\nsurname of the deceased person stamped in legible characters, each character being not less\nthan 10 mm in height.\n5.2 Funeral processions\nThe time fixed by the Board for any burial shall be the time at which the funeral procession is to\narrive at the cemetery gates, and, if not punctually observed, then the applicant who applied to hold\nthe funeral under clause 3.1 shall pay the set fee for being late.\n5.3 Vehicle entry restricted\n(1) Subject to clause 5.3(2), every funeral procession shall enter by the principal entrance, and no\nvehicle except the hearse, and official mourning coaches, shall be permitted to enter the cemetery\nunless prior approval is granted by the CEO or an authorised officer.\n(2) This clause shall not apply to persons using wheelchairs or motorised wheelchairs.\n5.4 Vehicle access and speed limitation\n(1) A person shall drive a vehicle on a vehicular access way or the constructed roadway or other areas\ndesignated for the use of vehicles within the cemetery, unless otherwise authorised by the CEO.\n(2) A person driving a vehicle, within a cemetery, shall not exceed the speed limit of 25 km per hour,\nand shall comply with the signs and directions in the cemetery.\n5.5 Offenders may be ordered to leave\n(1) A person committing an offence under clause 5.4 may be ordered to leave the cemetery by the CEO\nor an authorised officer.\n(2) A person who has been ordered to leave the cemetery by the CEO or an authorised officer is to\nleave immediately in a peaceful manner and not cause a disruption or be a nuisance to the funeral\ncongregation or ceremony or procession.\n5.6 Conduct of funeral by Board\nWhen conducting a funeral under section 22 of the Act the Board may—\n(a) require a written request for it to conduct a funeral to be lodged with it;\n(b) in its absolute discretion, charge any person requesting it to conduct a funeral the set fee for\nthe conduct of that funeral by it;\n(c) where no fee or a reduced fee has been charged by it for the conduct of the funeral, determine\nthe manner in which the funeral shall be conducted;\n(d) specify an area in the cemetery where the dead body is to be buried;\n(e) conduct the funeral notwithstanding the failure of a person to make any application or to\nobtain any consent required under this local law;\n(f) do or require anything which it considers is necessary or convenient for the conduct of a\nfuneral by it.\nDivision 2—Placement of ashes\n5.7 Disposal of ashes\n(1) The personal representative of a deceased person whose body has been cremated may apply, in an\napplication under clause 3.1 or otherwise, for permission to dispose of the ashes in the cemetery and\nupon payment of the set fee, the Board may grant permission for the ashes to be disposed of by one of\nthe following methods—\n(a) Niche wall\n(b) Memorial wall\n(c) Garden of remembrance\n(d) Ground niche\n(e) Memorial rose, tree or shrub\n(f) Family shrub\n\n","sortOrder":42},{"sectionNumber":"2064","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2064 GOVERNMENT GAZETTE, WA 12 April 2017\n(g) Memorial desk\n(h) Granite seat\n(i) Family grave\n(j) Book of remembrance\n(k) Scattering to the winds\n(l) Memorial gardens\n(m) Other memorials approved by the Board\n(2) Subject to subclauses (3) and (4), a person shall not place the ashes of a deceased person in the\ncemetery.\n(3) An authorised officer may place the ashes of a deceased person in a cemetery in accordance with\nthe Board approval provided—\n(a) the person requesting the placement of the ashes has the permission of the Board; and\n(b) the ashes are placed within an area set aside for that purpose by the Board.\n(4) An authorised officer may place the ashes of a deceased person within a grave in accordance with\nthe Board approval, provided the person requesting the placement of the ashes has the written\npermission of the Board and the approval of the holder of the right of burial of the grave.\nPART 6—BURIALS\n6.1 Depth of graves\n(1) A person shall bury a coffin within the cemetery so that the distance between the top of the coffin\nand the original surface of the ground is—\n(a) not less than 750 mm, or\n(b) not less than 600 mm,\nunless permission to vary the distance or depth of grave is granted by an authorised officer.\n(2) The permission of the authorised officer will only be granted where, in the opinion of the\nauthorised officer, exceptional circumstances require granting of that permission.\n6.2 Mausoleum, etc\n(1) A person other than the Board shall not construct a brick grave, crypt, vault or mausoleum within\nthe cemetery.\n(2) A person may request the Board to construct a vault or mausoleum within the cemetery which\nvault or mausoleum shall at all times remain the property of the Board.\n(3) An application under subclause (2) shall be in writing and shall be accompanied by payment of the\nset fee.\n(4) A person shall not place a dead body in a mausoleum except—\n(a) in a closed coffin; and\n(b) in a soundly constructed chamber; and\n(c) in accordance with subclause (5).\n(5) The number of burials in a chamber must not exceed the number for which the chamber was\ndesigned.\nPART 7—MEMORIALS AND OTHER WORK\n7.1 Application for monumental work\nA Board may require the written consent of the holder of the right of burial of the grave to accompany\nan application under section 30 of the Act.\n7.2 Placement of monumental work\nEvery memorial shall be placed on proper and substantial foundations.\n7.3 Removal of rubbish\nAll refuse, rubbish or surplus material remaining after memorial works are completed under a permit\nissued under section 30 of the Act shall be immediately removed from the cemetery by the person\ncarrying out the same.\n7.4 Operation of work\nAll material required in the erection and completion of any work shall, as far as possible, be prepared\nbefore being taken to the cemetery, and all materials required by tradesmen shall be admitted at such\nentrance as the CEO or an authorised officer shall direct.\n7.5 Removal of sand, soil or loam\nNo sand, earth or other material shall be taken from any part of the cemetery for use in the erection\nof any memorial or work except with the written approval of the Board.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2065\n7.6 Hours of work\nPersons shall not be permitted to carry out memorial or other work on graves within the cemetery\nother than during the hours of 8.00am and 6.00pm on weekdays, and 8.00am and noon on Saturdays,\nwithout the written permission of the Board.\n7.7 Unfinished work\nShould any work by masons or others be not completed before 6 p.m. on weekdays and noon on\nSaturdays, they shall be required to leave the work in a neat and safe condition to the satisfaction of\nthe CEO or an authorised officer.\n7.8 Use of wood\nNo wooden fence, railing, cross or other wooden erection shall be allowed on or around any grave,\nother than as a temporary marker and with the prior approval of the Board.\n7.9 Plants and Trees\nNo trees or shrubs shall be planted on any grave or within the cemetery except such as shall be\napproved by the CEO.\n7.10 Supervision\nAll workers, whether employed by the Board or by any other person, shall at all times whilst within\nthe boundaries of the cemetery be subject to the supervision of the CEO or an authorised officer and\nshall obey such directions as the CEO or an authorised officer may give.\n7.11 Australian War Graves\nNotwithstanding anything in this local law to the contrary, the Office of Australian War Graves—\n(a) may place a memorial on a military grave; and\n(b) is not required to pay the set fee for any memorial that is placed upon a military grave.\n7.12 Placing of glass domes and vases\nA person shall not place glass domes, vases or other grave ornaments—\n(a) outside the perimeter of a grave in the cemetery as defined in the plans kept and maintained\nunder section 40(2) of the Act; or\n(b) on the lawn in an area set aside by the Board as a lawn or a memorial plaque section.\nDivision 2—Lawn section\n7.13 Specification of monuments\n(1) All monuments in the lawn section of a cemetery shall—\n(a) be made of natural stone;\n(b) be placed upon a base of natural stone;\n(c) comply with the following specifications—\n(i) the overall height of the monument above the original surface of the grave shall not\nexceed 1.05 m;\n(ii) the height of the base of the monument above the original surface of the grave shall be\n150 mm;\n(iii) the width of the base of the monument shall not exceed 1.20 m;\n(iv) the depth of the base of the monument shall not exceed 300 mm; and\n(d) have foundations placed on a reinforced concrete slab, set level to the natural ground of the\nfollowing dimensions, length 1.2m, width 0.6m and depth 150mm.\n(2) An admiralty bronze memorial plaque may be attached to a monument erected or being erected in\nthe lawn section of the cemetery.\n(3) A person shall not display any trade names or marks upon any monument erected within the lawn\nsection of the cemetery.\n7.14 Headstones\nIn the lawn section of the cemetery, that part of a headstone above its base shall not extend\nhorizontally beyond that base.\nDivision 3—Memorial plaque section\n7.15 Requirements of a memorial plaque\n(1) All memorial plaques placed in a memorial plaque section of the cemetery shall—\n(a) be made of admiralty bronze or any other material approved by the Board; and\n(b) not be less than the dimensions 143 mm x 117 mm, nor more than 560 mm x 305 mm.\n(2) All memorial plaques made of admiralty bronze shall—\n(a) not exceed 20 mm in thickness; and\n(b) be placed upon a base mounting approved by the Board.\n\n","sortOrder":43},{"sectionNumber":"2066","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2066 GOVERNMENT GAZETTE, WA 12 April 2017\n(3) All memorial plaques made of stone shall—\n(a) not exceed 50 mm in thickness placed upon a base mounting approved by the Board; or\n(b) not be less than 100 mm in thickness if it is not to be placed upon a base mounting.\nDivision 4—Licensing of Monumental Masons\n7.16 Monumental mason’s licence\n(1) The Board may upon receipt of an application in writing by any person and upon payment of the\nset fee issue to the applicant a monumental mason’s licence.\n(2) A licence issued under subclause (1) authorises the holder to carry out monumental works within\nthe cemetery subject to the provisions of this local law and such conditions as the Board shall specify\nupon the issue of that licence.\n7.17 Expiry date, non-transferability\nA monumental mason’s licence—\n(a) shall be valid from the date specified therein until 30 June next following; and\n(b) is not transferable.\n7.18 Carrying out monumental work\nA person shall not carry out monumental work within the cemetery unless that person—\n(a) is the holder of a current monumental mason’s licence issued pursuant to clause 7.16; or\n(b) is an employee of a person who holds such a licence; or\n(c) is authorised by the Board to do so.\n7.19 Responsibilities of the holder of a monumental mason’s licence\nThe holder of a monumental mason’s licence shall be responsible for the compliance by every person\npurporting to be authorised to carry out monumental works within the cemetery pursuant to that\nlicence with all the requirements and conditions of the licence, this local law, the Act and any other\nwritten law which may affect the carrying out of monumental works.\n7.20 Cancellation of a monumental mason’s licence\n(1) The Board may by notice in writing to the holder of a monumental mason’s license terminate the\nlicense on any of the following grounds—\n(a) that the holder of the license has committed a breach of the requirements and conditions of\nthe license, this local law, the Act or any other written law which may affect the carrying out\nof monumental works;\n(b) that, in the opinion of the Board, the conduct of the holder of the license or any person in the\nemploy of that holder in carrying out or attempting to carry out any works within the\ncemetery, is inappropriate or unbecoming; or\n(c) that the holder of the license has purported to transfer the license issued to that holder.\n(2) Upon the termination of a monumental mason’s license under this clause no part of any fee paid\nfor the issue of that license is refundable by the Board.\nPART 8—GENERAL\n8.1 Animals\nA person shall not bring an animal into or permit an animal to enter or remain in the cemetery, other\nthan an assistance animal as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth)\nor with the approval of the CEO or an authorised officer.\n8.2 Damaging and removing of objects\nSubject to clause 8.4, a person shall not damage, remove or pick any tree, plant, shrub or flower in the\ncemetery or any other object or thing on any grave or memorial or which is the property of the Board\nwithout the permission of the Board.\n8.3 Withered flowers\nA person may remove withered flowers from a grave or memorial and these are to be placed in a\nreceptacle provided by the Board for that purpose.\n8.4 Littering and vandalism\n(a) break or cause to be broken any glass, ceramic or other material in or upon the cemetery;\n(b) discard, deposit, leave or cause to be discarded, deposited or left any refuse or litter in or upon\nthe cemetery other than in a receptacle provided for that purpose.\n8.5 Advertising\n(1) A person shall not advertise or carry on any trade, business or profession within the cemetery\nwithout the prior written approval of the Board.\n(2) The Board may consider and grant approval subject to such conditions as the Board thinks fit.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2067\n8.6 Obeying signs and directions\nA person shall obey all signs displayed, marked, placed or erected by the Board within the cemetery\nand any other lawful direction by the CEO or an authorised officer.\n8.7 Removal from the cemetery\nAny person failing to comply with any provisions of this local law or behaving in a manner that in the\nopinion of the Board, the CEO or an authorised officer is inappropriate in the cemetery may in\naddition to any penalty provided by this local law be ordered to leave the cemetery by the Board, the\nCEO or an authorised officer.\nPART 9—OFFENCES AND MODIFIED PENALTIES\n9.1 General\nA person who commits a breach of any provisions of this local law commits an offence and shall on\nconviction be liable to a penalty not exceeding $500.00 and if the offence is a continuing one to a\nfurther penalty not exceeding $20.00 for every day or part of a day during which the offence has\ncontinued.\n9.2 Modified penalties\n(1) The offences specified in Schedule 1 are offences which may be dealt with under section 63 of the\nAct.\n(2) The modified penalty payable in respect of an offence specified in Schedule 1 is set out in the\nfourth column of Schedule 1.\n(3) The prescribed form of the infringement notice referred to in section 63(1) of the Act is set out in\nSchedule 2.\n(4) The prescribed form of the notice withdrawing an infringement notice referred to in section 63(3)\nof the Act is set out in Schedule 3.\n————\nMODIFIED PENALTIES\n[cl. 9.2]\nOffences and Modified Penalties\nItem\nNo. Clause Nature of offence Modified\npenalty\n1 5.4(1) Not driving vehicle on vehicular access way or constructed\nroadways or within designated areas $50\n2 5.4(2) Exceeding speed limit $50\n3 7.3 Not removing rubbish and surplus materials $50\n4 7.5 Unauthorised use of sand, earth or other material taken from\nanother part of the cemetery $50\n5 7.7 Leaving uncompleted works in an untidy or unsafe condition $50\n6 8.1 Unauthorised bringing in of animal into cemetery or permitting\nanimal to remain in cemetery $50\n7 8.2 Damaging and removing of objects $50\n8 8.4 Littering and vandalism $50\n9 8.5 Unauthorised advertising and/or trading $50\n10 8.6 Disobeying sign or lawful direction $50\n————\nINFRINGEMENT NOTICE\n[cl. 9.2(3)]\nInfringement Notice\nTo: ...................................................................................................................................................................\n(Name)\n........................................................................................................................................................................\n(Address)\n........................................................................................................................................................................\nIt is alleged that at ........ : ....... hours on ............. day of ....................................................... 20 ...............\nat ....................................................................................................................................................................\n\n","sortOrder":44},{"sectionNumber":"2068","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2068 GOVERNMENT GAZETTE, WA 12 April 2017\nyou committed the offence indicated below by an (x) in breach of clause ............ of the Shire of Harvey\nCemeteries Local Law 2017.\n........................................................................\nOffence—\n Not driving vehicle on vehicular access way or designated areas\n Exceeding speed limit\n Not removing rubbish and surplus materials\n Unauthorised use of materials taken from another part of the cemetery\n Leaving uncompleted works in an untidy or unsafe condition\n Unauthorised animal in cemetery\n Damaging and removing of objects\n Littering and vandalism\n Unauthorised advertising and/or trading\n Disobeying sign or lawful direction\n Other Offence: ............................................................................................................. $ ..................\nYou may dispose of this matter by payment of the penalty as shown within 21 days of the date of this\nnotice (or the date of the giving of this notice if that is a different date) to the Chief Executive Officer\nof the Shire of Harvey at 102 Uduc Road Harvey WA 6220 between the hours of 9 a.m. to 4.30 p.m.,\nMonday to Friday.\nPlease make cheques payable to Shire of Harvey. Payments by mail should be addressed to—\nThe Chief Executive Officer\n","sortOrder":45},{"sectionNumber":"102","sectionType":"section","heading":"Uduc Road","content":"102 Uduc Road\nHARVEY WA 6220\nIf the penalty is not paid within the time specified, then a complaint of the alleged offence may be\nmade and heard and determined by a court.\n————\nINFRINGEMENT WITHDRAWAL NOTICE\n[cl. 9.2(4)]\nWithdrawal of Infringement Notice\nNo. .................... Date ............ / ............. / .............\nTo: [1] ..............................................................................................................................................................\nInfringement Notice No .............................................. dated____/_____/_____for the alleged offence of [2]\n.......................................................................................................................................................................\nPenalty [3] $__________ is withdrawn.\n(Delete whichever does not apply)\n* No further action will be taken.\n* It is proposed to institute court proceedings for the alleged offence.\n(Authorised Person)\n[1] Insert name and address of alleged offender.\n[2] Insert short particulars of offence alleged.\n[3] Insert amount of penalty prescribed.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2069\nDOG ACT 1976\nPART 2—IMPOUNDING OF DOGS\n2.1 Charges and costs\n2.2 Attendance of pound keeper at pound\n2.3 Release of impounded dog\nPART 3—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS\n3.1 Dogs to be confined\n3.2 Limitation on the number of dogs\nPART 4—APPROVED KENNEL ESTABLISHMENTS\n4.1 Interpretation\n4.2 Application for licence for approved kennel establishment\n4.3 Notice of proposed use\n4.4 Exemption from notice requirements\n4.5 When application can be determined\n4.6 Determination of application\n4.7 Where application cannot be approved\n4.8 Conditions of approval\n4.9 Fees\n4.10 Form of licence\n4.11 Period of licence\n4.12 Variation or cancellation of licence\n4.13 Transfer\n4.14 Notification\n4.15 Inspection of kennel\nPART 5—OFFENCES\n5.1 Offence to excrete\nPART 6—ENFORCEMENT\n6.3 Issue of infringement notice\n6.4 Failure to pay modified penalty\n6.5 Payment of modified penalty\n6.6 Withdrawal of infringement notice\n6.7 Service\n\n2070 GOVERNMENT GAZETTE, WA 12 April 2017\nSCHEDULE 2\nSCHEDULE 3\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2071\nDOG ACT 1976\nUnder the powers conferred by the Dog Act 1976, the Local Government Act 1995 and under all other\npowers enabling it, the Council of the Shire of Harvey resolved on 29 November 2016 to make the\nfollowing local law.\nThis local law may be cited as the Shire of Harvey Dogs Local Law 2017.\nThe Shire of Harvey Dogs Local Law as published in the Government Gazette on 20 March 2001 is\nAct means the Dog Act 1976;\nauthorised person means a person who is appointed under section 29 of the Act;\ndangerous dog has the meaning given under the Act;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land\naffected by the interference;\nowner has the meaning given to it under section 3 of the Act;\npound keeper means a person authorised by the local government to perform all or any of the\nfunctions conferred on a “pound keeper” under this local law;\npremises has the meaning given under the Act;\nRegulations means the Dog Regulations 2013;\nSchedule means a schedule in this local law;\nthoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995;\ntown planning scheme means a town planning scheme made by the local government under the\nPlanning and Development Act 2005 which applies throughout the whole or a part of the\ndistrict; and\ntownsite means the townsites of Australind, Benger, Binningup, Brunswick Junction,\nCookernup, Harvey, Myalup, Roelands, Wokalup and Yarloop, which are—\n(a) constituted under section 26(2) of the Land Administration Act 1997; or\n(b) referred to in clause 37 of Schedule 9.3 of the Local Government Act 1995.\n\n","sortOrder":46},{"sectionNumber":"2072","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2072 GOVERNMENT GAZETTE, WA 12 April 2017\nPART 2—IMPOUNDING OF DOGS\n2.1 Charges and costs\nThe following are to be imposed and determined by the local government under sections 6.16 to 6.19\nof the Local Government Act 1995—\n(a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding\nof a dog;\n(b) the additional fee payable under section 29(4) of the Act where a dog is released at a time or\non a day other than those determined under clause 2.2; and\n(c) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act.\n2.2 Attendance of pound keeper at pound\nThe pound keeper is to be in attendance at the pound for the release of dogs at the times and on the\ndays of the week as are determined by the CEO.\n2.3 Release of impounded dog\n(1) A claim for the release of a dog seized and impounded is to be made to the pound keeper or in the\nabsence of the pound keeper, to the CEO.\n(2) The pound keeper is not to release a dog seized and impounded to any person unless that person\nhas produced, to the satisfaction of the pound keeper, satisfactory evidence—\n(a) of her or his ownership of the dog or of her or his authority to take delivery of it; or\n(b) that he or she is the person identified as the owner on a microchip implanted in the dog.\nPART 3—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS\n3.1 Dogs to be confined\n(1) An occupier of premises on which a dog is kept must—\n(a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of\nconfining the dog;\n(b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height\nand construction which having regard to the breed, age, size and physical condition of the dog\nis capable of preventing the dog at all times from passing over, under or through it;\n(c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the\npremises (unless the gate is temporarily opened in a manner that ensures that the dog\nremains confined) and is fitted with a proper latch or other means of fastening it;\n(d) maintain the fence and all gates and doors in the fence in good order and condition; and\n(e) where no part of the premises consists of open space, yard or garden or there is no open space\nor garden or yard of which the occupier has exclusive use or occupation, ensure that other\nmeans exist on the premises (other than the tethering of the dog) for effectively confining the\ndog within the premises.\n(2) Where an occupier fails to comply with subclause (1), he or she commits an offence.\n(3) Notwithstanding subclause (1) and (2), the confinement of dangerous dogs is dealt with in the Act\nand the Regulations\n3.2 Limitation on the number of dogs\n(1) This clause does not apply to premises which have been—\n(a) licensed under Part 4 as an approved kennel establishment; or\n(b) granted an exemption under section 26(3) of the Act.\n(2) The limit on the number of dogs which may be kept on any premises is, for the purpose of\nsection 26(4) of the Act—\n(a) 2 dogs over the age of 3 months and the young of those dogs under that age if the premises\nare situated other than within a General or Intensive Farming Zone as identified in the local\ngovernment’s town planning scheme; or\n(b) 3 dogs over the age of 3 months and the young of those dogs under that age if the premises\nare situated within a General or Intensive Farming Zone as identified in the local\ngovernment’s town planning scheme.\nPART 4—APPROVED KENNEL ESTABLISHMENTS\n4.1 Interpretation\nIn this Part and in Schedule 2—\nlicence means a licence to keep an approved kennel establishment on premises;\nlicensee means the holder of a licence;\npremises in addition to the meaning given to it in section 3 of the Act, means the premises\ndescribed in the application for a licence; and\ntransferee means a person who applies for the transfer of a licence to her or him under\nclause 4.13.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2073\n4.2 Application for licence for approved kennel establishment\nAn application for a licence must be made in the form of that in Schedule 1, and must be lodged with\nthe local government together with—\n(a) plans and specifications of the kennel establishment, including a site plan;\n(b) copies of the notices to be given under clause 4.3;\n(c) written evidence that either the applicant or another person who will have the charge of the\ndogs, will reside on the premises or, in the opinion of the local government, sufficiently close\nto the premises so as to control the dogs and so as to ensure their health and welfare;\n(d) a written acknowledgement that the applicant has read and agrees to comply with any code\nof practice relating to the keeping of dogs nominated by the local government; and\n(e) the fee for the application for a licence referred to in clause 4.9(1).\n4.3 Notice of proposed use\n(1) An applicant for a licence must give notice of the proposed use of the premises as an approved\nkennel establishment after the application for a licence has been lodged—\n(a) once in a newspaper circulating in the district; and\n(b) to the owners and occupiers of any premises adjoining the premises.\n(2) The notices in subclause (1) must specify that—\n(a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days\nof the date the notice is given; and\n(b) the application and plans and specifications may be inspected at the offices of the local\n(3) Where—\n(a) the notices given under subclause (1) do not clearly identify the premises; or\n(b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in\nthe opinion of the local government, would fail to serve the purpose of notifying persons of the\nproposed use of the premises,\nthen the local government may refuse to determine the application for a licence until the notices or\nnotice, as the case may be, is given in accordance with its directions.\n4.4 Exemption from notice requirements\nWhere an application for a licence is made in respect of premises on which an approved kennel\nestablishment is either a—\n(a) permitted use; or\n(b) use which the local government may approve subject to compliance with specified notice\nrequirements,\nunder a town planning scheme, then the requirements of clauses 4.2(b), 4.3 and 4.5(a) do not apply in\nrespect of the application for a licence.\n4.5 When application can be determined\nAn application for a licence is not to be determined by the local government until—\n(a) the applicant has complied with clause 4.2;\n(b) the applicant submits proof that the notices referred to in clause 4.3(1) have been given in\naccordance with that clause; and\n(c) the local government has considered any written submissions received within the time\nspecified in clause 4.3(2)(a) on the proposed use of the premises.\n4.6 Determination of application\nIn determining an application for a licence, the local government is to have regard to—\n(a) the matters referred to in clause 4.7;\n(b) any written submissions received within the time specified in clause 4.3(2)(a) on the proposed\nuse of the premises;\n(c) any economic or social benefits which may be derived by any person in the district if the\napplication for a licence is approved;\n(d) the effect which the kennel establishment may have on the environment or amenity of the\nneighbourhood;\n(e) whether the approved kennel establishment will create a nuisance for the owners and\noccupiers of adjoining premises; and\n(f) whether or not the imposition of and compliance with appropriate conditions of a licence will\nmitigate any adverse effects of the approved kennel establishment identified in the preceding\nparagraphs.\n4.7 Where application cannot be approved\nThe local government cannot approve an application for a licence where—\n(a) an approved kennel establishment cannot be permitted by the local government on the\npremises under a town planning scheme; or\n\n","sortOrder":47},{"sectionNumber":"2074","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2074 GOVERNMENT GAZETTE, WA 12 April 2017\n(b) an applicant for a licence or another person who will have the charge of the dogs will not\nreside on the premises, or, in the opinion of the local government, sufficiently close to the\npremises so as to control the dogs and so as to ensure their health and welfare.\n4.8 Conditions of approval\n(1) The local government may approve an application for a licence subject to the conditions contained\nin Schedule 2 and to such other conditions as the local government considers appropriate.\n(2) In respect of a particular application for a licence, the local government may vary any of the\nconditions contained in Schedule 2.\n4.9 Fees\n(1) On lodging an application for a licence, the applicant is to pay a fee to the local government.\n(2) On the issue or renewal of a licence, the licensee is to pay a fee to the local government.\n(3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the\nlocal government.\n(4) The fees referred to in subclauses (1) to (3) are to be imposed and determined by the local\ngovernment from time to time under sections 6.16 to 6.19 of the Local Government Act 1995.\n4.10 Form of licence\nThe licence is to be in the form determined by the local government from time to time and is to be\nissued to the licensee.\n4.11 Period of licence\n(1) The period of effect of a licence is set out in section 27(5) of the Act.\n(2) A licence is to be renewed if the fee referred to in clause 4.9(2) is paid to the local government prior\nto the expiry of the licence.\n(3) On the renewal of a licence, the conditions of the licence at the time of its renewal continue to have\neffect.\n4.12 Variation or cancellation of licence\n(1) The local government may vary the conditions of a licence.\n(2) The local government may cancel a licence—\n(a) on the request of the licensee;\n(b) following a breach of the Act, the Regulations or this local law; or\n(c) if the licensee is not a fit and proper person.\nfit and proper person—means a person who has been deemed to be not fit to care for animals\nby a reputable body such as the RSPCA, or a person who is deemed by an authorised officer,\nnot to have the ability or adequate support to undertake obligations of the license.\n(3) The date a licence is cancelled is to be, in the case of—\n(a) subclause (2)(a), the date requested by the licensee; or\n(b) subclauses (2)(b) and (2)(c), the date determined under section 27(6) of the Act.\n(4) If a licence is cancelled, the fee paid for that licence is not refundable for the term of the licence\nthat has not yet expired.\n4.13 Transfer\n(1) An application for the transfer of a valid licence from the licensee to another person must be—\n(a) made in the form determined by the local government from time to time;\n(b) made by the transferee;\n(c) made with the written consent of the licensee; and\n(d) lodged with the local government together with—\n(i) written evidence that a person will reside at or within reasonably close proximity to the\npremises the subject of the licence; and\n(ii) the fee for the application for the transfer of a licence referred to in clause 4.9(3).\n(2) The local government is not to determine an application for the transfer of a valid licence until the\ntransferee has complied with subclause (1).\n(3) The local government may approve, whether or not subject to such conditions as it considers\nappropriate, or refuse to approve an application for the transfer of a valid licence.\n(4) Where the local government approves an application for the transfer of a valid licence, then on the\ndate of approval, unless otherwise specified in the notice issued under clause 4.14(b), the transferee\nbecomes the licensee of the licence for the purposes of this local law.\n4.14 Notification\nThe local government is to give written notice to—\n(a) an applicant for a licence of the local government’s decision on her or his application;\n(b) a transferee of the local government’s decision on her or his application for the transfer of a\nvalid licence;\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2075\n(c) a licensee of any variation made under clause 4.12(1);\n(d) a licensee when her or his licence is due for renewal and the manner in which it may be\nrenewed;\n(e) a licensee when her or his licence is renewed;\n(f) a licensee of the cancellation of a licence under clause 4.12(2)(a); and\n(g) a licensee of the cancellation of a licence under clause 4.12(2)(b) and 4.12(2)(c), which notice is\nto be given in accordance with section 27(6) of the Act.\n4.15 Inspection of kennel\nWith the consent of the occupier, an authorised person may inspect an approved kennel\nestablishment at any time.\nPART 5—OFFENCES\n5.1 Offence to excrete\n(1) A dog must not excrete on—\n(a) any thoroughfare or other public place; or\n(b) any land which is not a public place without the consent of the occupier.\n(2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the\ncontrol of the dog at that time commits an offence.\nPenalty: $1000\n(3) The person liable for the control of the dog does not commit an offence against subclause (2) if any\nexcreta is removed immediately by that person.\nPART 6—ENFORCEMENT\ninfringement notice means the notice referred to in clause 6.3; and\nnotice of withdrawal means the notice referred to in clause 6.6(1).\n(1) The offences contained in Schedule 3 are offences in relation to which a modified penalty may be\nimposed.\n(2) The amount appearing in the fourth column of Schedule 3 directly opposite an offence is the\nmodified penalty payable in respect of that offence if—\n(a) the dog is not a dangerous dog; or\n(b) the dog is a dangerous dog, but an amount does not appear in the fifth column directly\nopposite that offence.\n(3) The amount appearing in the fifth column of Schedule 3 directly opposite an offence is the\nmodified penalty payable in respect of that offence if the dog is a dangerous dog.\n6.3 Issue of infringement notice\nWhere an authorised person has reason to believe that a person has committed an offence in respect\nof which a modified penalty may be imposed, he or she may issue to that person a notice in the form\ndetermined by the local government from time to time.\n6.4 Failure to pay modified penalty\nWhere a person who has received an infringement notice fails to pay the modified penalty within the\ntime specified in the notice, or within such further time as may in any particular case be allowed by\nthe CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified\npenalty.\n6.5 Payment of modified penalty\nA person who has received an infringement notice may, within the time specified in that notice or\nwithin such further time as may in any particular case be allowed by the CEO, send or deliver to the\nlocal government the amount of the penalty, with or without a reply as to the circumstances giving\nrise to the offence, and the local government may appropriate that amount in satisfaction of the\npenalty and issue an acknowledgment.\n6.6 Withdrawal of infringement notice\n(1) Whether or not the modified penalty has been paid, an authorised person may withdraw an\ninfringement notice by sending a notice in the form determined by the local government from time to\ntime.\n(2) A person authorised to issue an infringement notice under clause 6.3 cannot sign or send a notice\nof withdrawal.\n6.7 Service\nAn infringement notice or a notice of withdrawal may be served on a person personally, or by leaving\nit at, or posting it to, her or his address as ascertained from her or him, or as recorded by the local\ngovernment under the Act, or as ascertained from inquiries made by the local government.\n\n","sortOrder":48},{"sectionNumber":"2076","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2076 GOVERNMENT GAZETTE, WA 12 April 2017\nAPPLICATION FOR A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT\n(clause 4.2)\nI/we (full name) .............................................................................................................................................\nof (postal address) .........................................................................................................................................\n(telephone number) .......................................................................................................................................\n(facsimile number) ........................................................................................................................................\n(E-mail address) ............................................................................................................................................\nApply for a licence for an approved kennel establishment at (address of premises) .................................\n.......................................................................................................................................................................\nFor (number and breed of dogs)....................................................................................................................\n* (insert name of person) .................................................. will be residing at the premises on and\nfrom (insert date) .................................................................\n* (insert name of person) ................................................. will be residing (sufficiently close to the\npremises so as to control the dogs and so as to ensure their health and welfare) at ...................\n............................................................................................................ (insert address of residence)\non and from ................................................................................................................ (insert date).\nAttached are—\n(a) a site plan of the premises showing the location of the kennels and yards and all other\nbuildings and structures and fences;\n(b) plans and specifications of the kennel establishment;\n(c) copy of notice of proposed use to appear in newspaper;\n(d) copy of notice of proposed use to be given to adjoining premises;\n(e) written evidence that a person will reside—\n(i) at the premises; or\n(ii) sufficiently close to the premises so as to control the dogs and so as to ensure their\nhealth and welfare; and\n(f) if the person in item (e) is not the applicant, written evidence that the person is a person in\ncharge of the dogs.\nI confirm that I have read and agree to comply with the Code of Practice known as\n................................................................. , in the keeping of dogs at the proposed kennel establishment.\nSignature of applicant.........................................\nDate .....................................................................\n* delete where inapplicable.\nNote: a licence if issued will have effect for a period of 12 months—section 27(5) of the Dog Act 1976.\nOFFICE USE ONLY\nApplication fee paid on [insert date].\n————\nCONDITIONS OF A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT\n(clause 4.8(1))\nAn application for a licence for an approved kennel establishment may be approved subject to the\nfollowing conditions—\n(a) each kennel, unless it is fully enclosed, must have a yard attached to it;\n(b) each kennel and each yard must be at a distance of not less than—\n(i) 25m from the front boundary of the premises and 5m from any other boundary of the\npremises;\n(ii) 10m from any dwelling; and\n(iii) 25m from any church, school room, hall, factory, dairy or premises where food is\nmanufactured, prepared, packed or stored for human consumption;\n(c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or\nnetting or other materials approved by the local government;\n(d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the\nbreed of dog (when it is fully grown), squared, times the number of dogs to be housed in the\nkennel and the length of the dog is to be determined by measuring from the base of the tail to\nthe front of its shoulder;\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2077\n(e) the floor area of the yard attached to any kennel or group of kennels must be at least twice\nthe floor area of the kennel or group of kennels to which it is attached;\n(f) the upper surface of the kennel floor must be—\n(i) at least 100mm above the surface of the surrounding ground;\n(ii) smooth so as to facilitate cleaning;\n(iii) rigid;\n(iv) durable;\n(v) slip resistant;\n(vi) resistant to corrosion;\n(vii) non-toxic;\n(viii) impervious;\n(ix) free from cracks, crevices and other defects; and\n(x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in\nturn must lead to a suitably sized diameter sewerage pipe which must be properly laid,\nventilated and trapped in accordance with the health requirements of the local\n(g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to\napproved apparatus for the treatment of sewage in accordance with the health requirements\nof the local government;\n(h) the kennel floor must have a durable upstand rising 75mm above the floor level from the\njunction of the floor and external and internal walls, or internal walls must be so constructed\nas to have a minimum clearance of 50mm from the underside of the bottom plate to the floor;\n(i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of\nany kennel;\n(j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of—\n(i) 2m; or\n(ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured\nfrom the floor to the uppermost tip of its shoulders while in a stationary upright\nposition;\n(k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted\ninternally and externally with good quality new zincalume or new pre-finished colour coated\nsteel sheeting or new fibrous cement sheeting or other durable material approved by the local\n(l) all external surfaces of each kennel must be kept in good condition;\n(m) the roof of each kennel must be constructed of impervious material;\n(n) all kennels and yards and drinking vessels must be maintained in a clean condition and must\nbe cleaned and disinfected when so ordered by an authorised person;\n(o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for\nthe treatment of sewage;\n(p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled;\n(q) suitable water must be available at the kennel via a properly supported standpipe and tap;\nand\n(r) the licensee or the person nominated in the application for a licence, must, in accordance with\nthe application for the licence, continue to reside—\n(i) at the premises; or\n(ii) in the opinion of the local government, sufficiently close to the premises so as to control\nthe dogs, and to ensure their health and welfare.\n————\nOFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES\n(clause 6.2)\nItem Offence Nature of\noffence\npenalty\n$\nDangerous Dog\n$\n1 5.1(2) Dog excreting in\nprohibited place\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2079\nPART 2—LICENSING REQUIREMENTS FOR AN EXTRACTIVE INDUSTRY\n2.1 Extractive Industries Prohibited Without Licence\n2.2 Applicant To Advertise Proposal\n2.3 Application For Licence\nPART 3—DETERMINATION OF APPLICATION\n3.1 Determination of Application\n3.2 Payment of Annual Licence Fee\nPART 4—TRANSFER, CANCELLATION AND RENEWAL OF LICENCE\n4.1 Transfer of Licence\n4.2 Cancellation of Licence\n4.3 Renewal of Licence\nPART 5—SECURED SUM AND APPLICATION THEREOF\n5.1 Security For Restoration And Reinstatement\n5.2 Use By The Local Government Of Secured Sum.\nPART 6—LIMITATIONS, OBLIGATIONS OF THE LICENSEE AND PROHIBITIONS\n6.1 Limits On Excavation Near Boundary\n6.2 Obligations Of The Licensee\n6.3 Prohibitions\n6.4 Blasting\nPART 7—MISCELLANEOUS PROVISIONS\n7.1 Public Liability\n7.2 Mines Safety and Inspection Act and Environmental Protection Act\n7.3 Notice of Cessation of Operations\n7.4 Works To Be Carried Out On Cessation Of Operations\nPART 9—MODIFIED PENALTIES\nSCHEDULE 1—PRESCRIBED OFFENCES\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2081\nUnder the powers conferred by the Local Government Act 1995 and by all other powers, the local\ngovernment of the Shire of Harvey resolved on 31 January 2017 to make the following local law.\nThis local law may be cited as the Shire of Harvey Extractive Industries Local Law 2017.\n1.2. Commencement\nIn this local law, unless the context otherwise requires—\nAS means an Australian Standard published by Standards Australia and available for viewing\nfree of charge at the Shire of Harvey Administration offices;\ncarry on an extractive industry means quarrying and excavating for stone, gravel, sand, and\nother material;\nexcavation includes quarry;\nland, unless the context otherwise requires, means the land on which the applicant proposes\ncarrying on the extractive industry to which the licence application relates;\nlicence means a licence issued under this local law;\nlicensee means the person named in the licence as the licensee;\noccupier has the meaning given to it in the Act;\nowner has the meaning given to it in the Act;\nplanning approval means an approval for a development and/or a land use that is issued under\na local planning scheme administered by the local government;\nsecured sum means the sum required to be paid or the amount of a bond, guarantee or other\nsecurity under clause 5.1;\nSchedule means a schedule to this local law; and\nsite means the land specified by the local government in a licence.\n(1) The provisions of this local law—\n(a) subject to paragraphs (b), (c), (d) and (e)—\n(i) apply and have force and effect throughout the whole of the district; and\n(ii) apply to every excavation whether commenced prior to or following the coming into\noperation of this local law;\n(b) do not apply to the extraction of minerals under the Mining Act 1978;\n(c) do not apply to the carrying on of an extractive industry on Crown land;\n(d) do not apply to the carrying on of an extractive industry on land by the owner or occupier of\nthat land for use on that land; and\n\n","sortOrder":49},{"sectionNumber":"2082","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2082 GOVERNMENT GAZETTE, WA 12 April 2017\n(e) do not affect the validity of any licence issued under the local law repealed by clause 1.5 of\nthis local law if that licence is currently in force at the date of gazettal of this local law.\n(2) In subclause (1)(d), land includes adjoining lots or locations in the same occupation or ownership of\nthe owner or occupier referred to in subclause (1)(d).\nThe Shire of Harvey Extractive Industries Local Law 2007 as published in the Government Gazette on\n","sortOrder":50},{"sectionNumber":"9","sectionType":"section","heading":"November 2007 is repealed.","content":"9 November 2007 is repealed.\nPART 2—LICENSING REQUIREMENTS FOR AN EXTRACTIVE INDUSTRY\n2.1 Extractive Industries Prohibited Without Licence\nA person must not carry on an extractive industry—\n(a) unless the person is the holder of a valid and current licence; and\n(b) otherwise than in accordance with any terms and conditions set out in, or applying in respect\nof, the licence.\nPenalty $5000 and a daily penalty not exceeding a fine of $500 in respect of each day or part of a day\nwhere the offence is of a continuing nature.\n2.2 Applicant To Advertise Proposal\n(1) Unless the local government first approves otherwise, a person seeking the issue of a licence shall,\nbefore applying to the local government for a licence—\n(a) forward by registered mail a notice in the form determined by the local government from time\nto time to—\n(i) the owners and occupiers of all land adjoining the land upon which it is proposed to\nexcavate, or within an area determined by the local government as likely to be affected\nby the granting of a licence, advising of the application and specifying that they may,\nwithin 21 days from the date of service of the letter, object to or make representations\nin writing in respect of the issue of a licence by the local government;\n(ii) every authority or person having control or jurisdiction over any of the things referred\nto in clause 2.3(1)(a)(vii) and (viii) within 500 metres from the boundaries of the land,\nor within an area determined by the local government as likely to be affected by the\ngranting of a licence; and\n(b) as soon as practicable after complying with the requirements of paragraph (a)—\n(i) forward a copy of the notice to the CEO; and\n(ii) publish the notice in a newspaper circulating in the area in which the proposed\nexcavation is located.\n(2) The local government may, within 14 days after receiving a copy of a notice referred to in\nsubclause (1), cause to be displayed, or require the proposed applicant to display, in a prominent\nposition on the land one or more notices—\n(a) in the form determined by the local government from time to time;\n(b) the content, size and construction of which have been approved by the CEO;\n(c) specifying particulars of the proposed excavation; and\n(d) inviting objections or comments within 21 days from the placement of the notice.\n2.3 Application For Licence\n(1) Subject to subclause (3), a person seeking the issue of a licence in respect of any land shall apply in\nthe form determined by the local government from time to time and must forward the application\nduly completed and signed by each of the applicant, the owner of the land and any occupier of the\nland to the CEO together with—\n(a) 3 copies of a plan of the excavation site to a scale of between 1:500 and 1:2000 showing—\n(i) the existing and proposed land contours based on the Australian Height Datum and\nplotted at 1 metre contour intervals;\n(ii) the land on which the excavation site is to be located;\n(iii) the external surface dimensions of the land;\n(iv) the location and depth of the existing and proposed excavation of the land;\n(v) the location of existing and proposed thoroughfares or other means of vehicle access to\nand egress from the land and to public thoroughfares in the vicinity of the land;\n(vi) the location of buildings, treatment plant, tanks and other improvements and\ndevelopments existing on, approved for or proposed in respect of the land;\n(vii) the location of existing power lines, telephone cables and any associated poles or\npylons, sewers, pipelines, reserves, bridges, railway lines and registered grants of\neasement or other encumbrances over, on, under or adjacent to or in the vicinity of the\nland;\n(viii) the location of all existing dams, watercourses, drains or sumps on or adjacent to the\nland;\n(ix) the location and description of existing and proposed fences, gates and warning signs\naround the land; and\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2083\n(x) the location of the areas proposed to be used for stockpiling excavated material, treated\nmaterial, overburden and soil storage on the land and elsewhere;\n(b) 3 copies of a works and excavation programme containing—\n(i) the nature and estimated duration of the proposed excavation for which the licence is\napplied;\n(ii) the stages and the timing of the stages in which it is proposed to carry out the\nexcavation;\n(iii) details of the methods to be employed in the proposed excavation and a description of\nany on-site processing works;\n(iv) details of the depth and extent of the existing and proposed excavation of the site;\n(v) an estimate of the depth of and description of the nature and quantity of the\noverburden to be removed;\n(vi) a description of the methods by which existing vegetation is to be cleared and topsoil\nand overburden removed or stockpiled;\n(vii) a description of the means of access to the excavation site and the types of\nthoroughfares to be constructed;\n(viii) details of the proposed number and size of trucks entering and leaving the site each day\nand the route or routes to be taken by those vehicles;\n(ix) a description of any proposed buildings, water supply, treatment plant, tanks and other\nimprovements;\n(x) details of drainage conditions applicable to the land and methods by which the\nexcavation site is to be kept drained;\n(xi) a description of the measures to be taken to minimise sand drift, dust nuisance,\nerosion, watercourse siltation and dangers to the general public;\n(xii) a description of the measures to be taken to comply with the Environmental Protection\n(Noise) Regulations 1997;\n(xiii) a description of the existing site environment and a report on the anticipated effect that\nthe proposed excavation will have on the environment in the vicinity of the land;\n(xiv) details of the nature of existing vegetation, shrubs and trees and a description of\nmeasures to be taken to minimise the destruction of existing vegetation; and\n(xv) a description of the measures to be taken in screening the excavation site, or otherwise\nminimising adverse visual impacts, from nearby thoroughfares or other areas;\n(c) 3 copies of a rehabilitation and decommissioning programme indicating—\n(i) the objectives of the programme, having due regard to the nature of the surrounding\narea and the proposed end-use of the excavation site;\n(ii) whether restoration and reinstatement of the excavation site is to be undertaken\nprogressively or upon completion of excavation operations;\n(iii) how any face is to be made safe and batters sloped;\n(iv) the method by which topsoil is to be replaced and revegetated;\n(v) the numbers and types of trees and shrubs to be planted and other landscaping\nfeatures to be developed;\n(vi) how rehabilitated areas are to be maintained; and\n(vii) the programme for the removal of buildings, plant, waste and final site clean up;\n(d) evidence that a datum peg has been established on the land related to a point approved by\nthe local government on the surface of a constructed public thoroughfare or such other land in\nthe vicinity;\n(e) a certificate from a licensed surveyor certifying the correctness of—\n(i) the plan referred to in paragraph (a); and\n(ii) the datum peg and related point referred to in paragraph (d);\n(f) evidence that the requirements of clause 2.2(1) and (2) have been carried out;\n(g) copies of all land use planning approvals required under any planning legislation;\n(h) copies of any environmental approval required under any environmental legislation;\n(i) copies of any geotechnical information relating to the excavation site;\n(j) the consent in writing to the application from the owner of the excavation site;\n(k) the licence application fee specified by the local government from time to time; and\n(l) any other information that the local government may reasonably require.\n(2) All survey data supplied by an applicant for the purpose of subclause (1) shall comply with\nAustralian Height Datum and Australian Map Grid standards.\n(3) Where in relation to a proposed excavation—\n(a) the surface area is not to exceed 5000 square metres; and\n(b) the extracted material is not to exceed 5000 cubic metres;\nthe local government may exempt a person making application for a licence under subclause (1) from\nsupplying any of the data specified in paragraphs (b), (d), (e) and (i) of subclause (1).\n\n","sortOrder":51},{"sectionNumber":"2084","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2084 GOVERNMENT GAZETTE, WA 12 April 2017\nPART 3—DETERMINATION OF APPLICATION\n3.1 Determination of Application\n(1) The local government may refuse to consider an application for a licence that does not comply with\nthe requirements of clause 2.3, and in any event shall refuse an application for a licence where\nplanning approval for an extractive industry use of the land has not first been obtained.\n(2) The local government may, in respect of an application for a licence—\n(b) approve the application—\n(i) over the whole or part of the land in respect of which the application is made; and\n(ii) on such terms and conditions, if any, as it sees fit.\n(3) Where the local government approves an application for a licence, it shall—\n(a) determine the licence period, not exceeding 5 years from the date of issue; and\n(b) approve the issue of a licence in the form determined by the local government from time to\ntime.\n(4) Where the local government approves the issue of a licence, the CEO upon receipt by the local\ngovernment of—\n(a) payment of the annual licence fee, or the relevant proportion of the annual licence fee to 30\nJune, determined by the local government under and in accordance with sections 6.16 to 6.19\nof the Local Government Act 1995;\n(b) payment of the secured sum if any, imposed under clause 5.1;\n(c) the documents, if any, executed to the satisfaction of the CEO, under clause 5.1; and\n(d) a copy of the public liability insurance policy required under clause 7.1(1) shall issue the\nlicence to the applicant.\n(5) Without limiting subclause (2), the local government may impose conditions in respect of the\nfollowing matters—\n(a) the orientation of the excavation to reduce visibility from other land;\n(b) the appropriate siting of access thoroughfares, buildings and plant;\n(c) the stockpiling of material;\n(d) the hours during which any excavation work may be carried out;\n(e) the hours during which any processing plant associated with, or located on, the site may be\noperated;\n(f) requiring all crushing and treatment plant to be enclosed within suitable buildings to\nminimise the emission of noise, dust, vapour and general nuisance to the satisfaction of the\nlocal government;\n(g) the depths below which a person shall not excavate;\n(h) distances from adjoining land or thoroughfares within which a person must not excavate;\n(i) the safety of persons employed at or visiting the excavation site;\n(j) the control of dust and wind-blown material;\n(k) the planting, care and maintenance of trees, shrubs and other landscaping features during\nthe time in which the extractive industry is carried out in order to effectively screen the area\nto be excavated and to provide for progressive rehabilitation;\n(l) the prevention of the spread of dieback or other disease;\n(m) the drainage of the excavation site and the disposal of water;\n(n) the restoration and reinstatement of the excavation site, the staging of such works, and the\nminimising of the destruction of vegetation;\n(o) the provision of retaining walls to prevent subsidence of any portion of the excavation or of\nland abutting the excavation;\n(p) requiring the licensee to furnish to the local government a surveyor’s certificate each year,\nprior to the renewal fee being payable, to certify the quantity of material extracted and that\nmaterial has not been excavated below the final contour levels outlined within the approved\nexcavation programme;\n(q) requiring the licensee to enter into an agreement with the local government by which it\nagrees to pay any extraordinary expenses incurred by the local government in repairing\ndamage caused to thoroughfares in the district by heavy or extraordinary traffic conducted by\nor on behalf of the licensee under the licence;\n(r) requiring the licensee to enter into an agreement with the local government in respect of any\ncondition or conditions imposed under this local law; and\n(s) any other matter for properly regulating the carrying on of an extractive industry.\n3.2 Payment of Annual Licence Fee\nOn or before 30 June in each year, a licensee shall pay to the local government the annual licence fee\ndetermined by the local government under and in accordance with sections 6.16 to 6.19 of the Act.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2085\nPART 4—TRANSFER, CANCELLATION AND RENEWAL OF LICENCE\n4.1 Transfer of Licence\n(1) An application for the transfer of a licence shall—\n(b) be signed by the licensee and the proposed transferee of the licence;\n(c) be accompanied by the current licence;\n(d) be accompanied by the consent in writing to the transfer from the owner of the excavation\nsite;\n(e) include any information that the local government may reasonably require; and\n(f) be forwarded to the CEO together with the fee determined by the local government from time\nto time.\n(2) Upon receipt of any application for the transfer of a licence, the local government may—\n(b) approve the application on such terms and conditions, if any, as it sees fit.\n(3) Where the local government approves an application for the transfer of a licence, the local\ngovernment shall transfer the licence by an endorsement on the licence in the form determined by the\nlocal government from time to time, signed by the CEO.\n(4) Where the local government approves the transfer of a licence it shall not be required to refund\nany part of the fees paid by the former licensee in respect of the transferred licence.\n4.2 Cancellation Of Licence\n(1) The local government may cancel a licence where the licensee has—\n(a) been convicted of an offence against—\n(i) this local law; or\n(ii) any other law relating to carrying on an extractive industry;\n(b) transferred or assigned or attempted to transfer or assign the licence without the consent of\nthe local government;\n(c) permitted another person to carry on an extractive industry otherwise than in accordance\nwith the terms and conditions of the licence and of the provisions of this local law;\n(d) failed to pay the annual licence fee under clause 3.2; or\n(e) failed to have a current public liability insurance policy under clause 7.1(1) or failed to\nprovide a copy of the policy or evidence of its renewal as the case may be, under clause 7.1(2).\n(2) Where the local government cancels a licence under this clause—\n(a) the local government shall advise the licensee in writing of the cancellation;\n(b) the cancellation takes effect on and from the day on which the licensee is served with the\ncancellation advice; and\n(c) the local government shall not be required to refund any part of the fees paid by the licensee\nin respect of the cancelled licence.\n4.3 Renewal of Licence\n(1) A licensee who wishes to renew a licence must apply in writing to the local government at least 45\ndays before the date of expiry of the licence and shall submit with the application for renewal—\n(a) the fee determined by the local government from time to time;\n(b) a copy of the current licence;\n(c) a plan showing the contours of the excavation carried out to the date of that application;\n(d) details of the works, excavation and rehabilitation stages reached and of any changes or\nproposed changes with respect to any of the things referred to in clauses 2.3(1)(b) and (c); and\n(e) any other things referred to in clauses 2.3 and 3.1.\n(2) The local government may waive any of the requirements specified in clause 4.3 (1)(d) or (e).\n(3) If—\n(a) an application to renew a licence is in relation to land in respect of which the current licence\nwas issued less than 12 months prior to the date from which the new licence if granted would\napply; and\n(b) the methods to be employed in the proposed land excavation are identical to those being\nemployed at the date of the application,\nthen the applicant shall not be obliged, unless otherwise required by the local government to submit\ndetails of any of the things referred to in clauses 2.3 and 3.1.\n(4) Upon receipt of an application for the renewal of a licence, the local government may—\n(b) approve the application on such terms and conditions, if any, as it sees fit.\n\n","sortOrder":52},{"sectionNumber":"2086","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2086 GOVERNMENT GAZETTE, WA 12 April 2017\nPART 5—SECURED SUM AND APPLICATION THEREOF\n5.1 Security for Restoration and Reinstatement\n(1) For the purpose of ensuring that an excavation site is properly restored or reinstated, the local\ngovernment may require that—\n(a) as a condition of a licence; or\n(b) before the issue of a licence, the licensee shall give to the local government a bond, bank\nguarantee or other security, of a kind and in a form acceptable to the local government, in or\nfor a sum determined by the local government from time to time.\n(2) A bond required under subclause (1) is to be paid into a fund established by the local government\nfor the purposes of this clause.\n(3) Subject to clause 5.2, any interest accrued in respect of the bond paid into the fund under\nsubclause (2) is to be returned to the licensee at the completion of the restoration and reinstatement\nworks required by the licence conditions or otherwise under this local law.\n5.2 Use By The Local Government Of Secured Sum\n(1) If a licensee fails to carry out or complete the restoration and reinstatement works required by the\nlicence conditions either—\n(a) within the time specified in those conditions; or\n(b) where no such time has been specified, within 60 days of the completion of the excavation or\nportion of the excavation specified in the licence conditions,\nthen, subject to the local government giving the licensee 14 days notice of its intention to do so—\n(c) the local government may carry out or cause to be carried out the required restoration and\nreinstatement work or so much of that work as remains undone; and\n(d) the licensee shall pay to the local government on demand all costs incurred by the local\ngovernment or which the local government may be required to pay under this clause.\n(2) The local government may apply the proceeds of any bond, bank guarantee or other security\nprovided by the licensee under clause 5.1 towards its costs under this clause.\n(4) The liability of a licensee to pay the local government’s costs under this clause is not limited to the\namount, if any, secured under clause 5.1.\nPART 6—LIMITATIONS, OBLIGATIONS OF THE LICENSEE AND PROHIBITIONS\n6.1 Limits on Excavation Near Boundary\nSubject to any licence conditions imposed by the local government, a person shall not, without the\nwritten approval of the local government, excavate within—\n(a) 20 metres of the boundary of any land on which the excavation site is located;\n(b) 20 metres of any land affected by a registered grant of easement;\n(c) 40 metres of any thoroughfare; or\n(d) 40 metres of any watercourse.\nPenalty $2,000\n6.2 Obligations of the Licensee\nA licensee shall—\n(a) where the local government so requires, securely fence the excavation to a standard\ndetermined by the local government and keep the gateways locked when not actually in use\nin order to prevent unauthorised entry;\n(b) erect and maintain warning signs along each of the boundaries of the area excavated under\nthe licence so that each sign—\n(i) is not more than 200 metres apart;\n(ii) is not less than 1.8 metres high and not less than 1 metre wide; and\n(iii) bears the words “DANGER EXCAVATIONS KEEP OUT”;\n(c) except where the local government approves otherwise, drain and keep drained to the local\ngovernment’s satisfaction any excavation to which the licence applies so as to prevent the\naccumulation of water;\n(d) restore and reinstate the excavation site in accordance with the terms and conditions of the\nlicence, the site plans and the works and excavation programme approved by the local\n(e) take all reasonable steps to prevent the emission of dust, noise, vibration and other forms of\nnuisance from the excavation site; and\n(f) otherwise comply with the conditions imposed by the local government in accordance with\nclause 3.1.\nPenalty $5,000 for each offence, and if an offence is of a continuing nature, to a daily penalty not\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2087\n6.3 Prohibitions\nA licensee shall not—\n(a) remove any trees or shrubs within 40 metres (or such lesser distance as may be allowed, in\nwriting, by the local government) of the boundary of any thoroughfare on land in respect of\nwhich a licence has been granted, except for the purpose of constructing access thoroughfares,\nerecting buildings or installing plant for use in connection with the excavation and then only\nwith the express approval of the local government and subject to any conditions which the\nlocal government may impose in accordance with clause 3.1;\n(b) store, or permit to be stored, any explosives or explosive devices on the site to which the\nlicence applies other than with the approval of the local government and the Department of\nMines and Petroleum; or\n(c) fill or excavate, other than in accordance with the terms and conditions of the licence, the\nsite plans and the works and excavation programme approved by the local government.\nPenalty $5,000 for each offence, and if an offence is of a continuing nature, to a daily penalty not\n6.4 Blasting\n(1) A person shall not carry out or permit to be carried out any blasting in the course of excavating\n(a) the local government has otherwise given approval in respect of blasting generally or in the\ncase of each blast;\n(b) subject to subclause (2), the blasting takes place only between the hours of 8.00am and\n5.00pm, or as determined by the local government, on Mondays to Fridays inclusive;\n(c) the blasting is carried out in strict accordance with the AS2187 SAA Explosives Code as\namended from time to time, the Mines Safety and Inspection Act 1994, the Environmental\nProtection Act 1986, and all relevant local laws of the local government; and\n(d) in compliance with any other conditions imposed by the local government concerning—\n(i) the time and duration of blasting;\n(ii) the purposes for which the blasting may be used; and\n(iii) such other matters as the local government may reasonably require in the interests of\nthe safety and protection of members of the public and of property within the district.\nPenalty $5,000 for each offence, and if the offence is of a continuing nature, to a daily penalty not\n(2) A person shall not carry out or permit to be carried out any blasting on a Saturday, Sunday or\npublic holiday except with the prior approval of the local government.\nPenalty $2,000.\nPART 7—MISCELLANEOUS PROVISIONS\n7.1 Public Liability\n(1) A licensee shall have at all times a current public liability insurance policy taken out in the joint\nnames of the licensee and the local government indemnifying the licensee and the local government\nfor a sum of not less than $20,000,000 in respect of any one claim relating to any of the excavation\noperations.\n(2) The licensee shall provide to the local government a copy of the policy taken out under\nsubclause (1), within 14 days after the issue of that policy and shall provide to the local government\nevidence of renewal within 14 days of each renewal date.\n7.2 Mines Safety and Inspection Act and Environmental Protection Act\n(1) In any case where the Mines Safety and Inspection Act 1994 or the Environmental Protection\nAct 1986 applies to any excavation carried on or proposed to be carried on at a site, the licensee in\nrespect of that site shall provide to the local government within 14 days full particulars of any\ninspection or report made under that Act or those Acts.\n(2) In this clause, the Mines Safety and Inspection Act 1994 and the Environmental Protection\nAct 1986 include all subsidiary legislation made under those Acts.\n7.3 Notice Of Cessation of Operations\n(1) Where a licensee intends to cease carrying on an extractive industry—\n(a) temporarily for a period in excess of 12 months; or\n(b) permanently,\nthe licensee shall, as well as complying with clause 7.4, give the local government written notice of\nthe cessation not later than 1 week after those operations have ceased.\n(2) Where a licensee has given written notice to the local government of the intention to permanently\ncease carrying on an extractive industry on the site to which the licence applies the licence is deemed\nto have expired on the date such cessation is so notified.\n(3) The temporary or permanent cessation of the carrying on of an extractive industry on a site or the\ndeemed expiration or cancellation of a licence does not entitle the licensee to any refund of any licence\nfee.\n\n","sortOrder":53},{"sectionNumber":"2088","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2088 GOVERNMENT GAZETTE, WA 12 April 2017\n7.4 Works to be Carried Out on Cessation of Operations\nWhere the carrying on of an extractive industry on the site permanently ceases or on the expiration or\ncancellation of the licence applicable to the site, whichever first occurs, the licensee shall, as well as\ncomplying with the provisions of clause 7.3—\n(a) restore and reinstate the excavated site in accordance with the proposals approved by the\nlocal government or in such other manner as the local government may subsequently agree in\nwriting with the licensee;\n(b) ensure that any face permitted to remain upon the excavation site is left safe with all loose\nmaterials removed and where the excavation site is—\n(i) sand, the sides are sloped to a batter of not more than 1:3 (vertical:horizontal); and\n(ii) limestone or material other than sand, the sides are sloped to a batter which, in the\nopinion of the local government, would enable the site to be left in a stable condition;\n(c) ensure that the agreed floor level of the excavation is graded to an even surface or is\notherwise in accordance with the rehabilitation and decommissioning programme approved\nby the local government;\n(d) ensure that all stockpiles or dumps of stone, sand or other materials are left so that no\nportion of that material can escape onto land not owned or occupied by the licensee nor into\nany stream, watercourse or drain that is not wholly situated within the land owned or\noccupied by the licensee;\n(e) erect retaining walls where necessary to prevent subsidence of land in the vicinity of any\nexcavation;\n(f) remove from the site all buildings, plant and equipment erected, installed or used for or in\nrelation to the carrying on of an extractive industry on the site and fill all holes remaining\nafter such removal to the level of the surrounding ground and compact such filled holes\nsufficiently to prevent settling; and\n(g) break up, scarify, cover with topsoil and plant with grass, trees and shrubs all parts of the\nsite where buildings, plant and equipment were erected or installed and all areas which were\nused for stockpiling unless otherwise specified under this local law.\nPenalty $5,000 for each offence, and if the offence is of a continuing nature, to a daily penalty not\n8.1 When the local government makes a decision as to whether it will—\n(a) grant a person a licence under this local law; or\n(b) renew, vary, or cancel a licence that a person has under this local law,\nthe provisions of Division 1 of Part 9 of the Act and regulation 33 of the Local Government (Functions\nand General) Regulations 1996 shall apply to that decision.\nPART 9—MODIFIED PENALTIES\n9.1 An offence against a clause specified in the Schedule is a prescribed offence for the purposes of\n9.2 The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin the Schedule.\n9.3 Forms\n(a) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the Local Government (Functions and General) Regulations 1996; and\n(b) the form of the notice sent under section 9.20 of the Act withdrawing an infringement notice\nis that of Form 3 in Schedule 1 of the Local Government (Functions and General)\nRegulations 1996.\n————\n(clause 9.1)\nItem Clause Description\n$\n1 2.1 Carry on extractive industry without licence or in breach of\nterms and conditions 350\n2 6.1 Excavate near boundary 250\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2089\nItem Clause Description\n$\n3 6.2(a) Gateways not kept locked where required 350\n4 6.2(b) Warning signs not erected or maintained as required 350\n5 6.2(c) Excavation not drained as required 350\n6 6.3(a) Remove trees or shrubs near boundary without approval 300\n7 6.3(b) Store without required approval explosives or explosive devices 350\n8 6.3(c) Fill or excavate in breach of licence 350\n9 6.4(1)(a) Blasting without approval of the local government 250\n10 6.4(1)(b) Blasting outside times authorised 350\n11 6.4(1)(d) Blasting in breach of conditions imposed by the local\ngovernment 350\n12 6.4(2) Blasting without approval on Saturday, Sunday or public\nholiday 250\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2091\n1.5 Definitions\n1.6 Relationship with other laws\n1.7 Approval Fees and Charges\nPART 2—SUFFICIENT FENCES\n2.1 Sufficient fences\n2.2 Fences within front setback areas\n2.3 Gates in fences\n2.4 Depositing fencing material on public place\n2.5 Fences on a rural lot\n2.6 Maintenance of fences\n2.7 Fences across rights-of-way, public access ways or thoroughfares\n2.8 General discretion of the local government\n2.9 Pre-used fencing materials\n2.10 Barbed wire fences and spiked or jagged materials\n2.11 Electrified and razor wire fences\n2.12 Prohibited fencing materials\nPART 3—APPROVALS\n3.1 Application for approval\n3.2 Decision on application for approval\n3.3 Compliance with approval\n3.4 Duration of approval\n3.5 Cancellation of an approval\nPART 4—MISCELLANEOUS\n4.1 False or misleading statement\nPART 5—NOTICES OF BREACH\n5.1 Notices of breach\nPART 6—OFFENCES\n6.1 Offences and penalties\n6.3 Forms of notices\nPART 7—OBJECTIONS AND REVIEW\n7.1 Objections and review\n\n2092 GOVERNMENT GAZETTE, WA 12 April 2017\nSCHEDULE 2\nSCHEDULE 3\nSCHEDULE 4\nSCHEDULE 5\nSCHEDULE 6\nSCHEDULE 7\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2093\nUnder the powers conferred by the Local Government Act 1995 and all other powers enabling it, the\nShire of Harvey resolved on 31 January 2017 to make the following local law.\nThis local law is the Shire of Harvey Fencing Local Law 2017.\nThe Shire of Harvey Fencing Local Law as published in the Government Gazette on 23 June 2000 is\n1.5 Definitions\nIn this local law—\nAct means the Dividing Fences Act 1961;\napplicant means a person who makes an application for approval under this local law;\nAS or AS/NZS means an Australian Standard or an Australian/New Zealand Standard\npublished by Standards Australia and available for viewing free of charge at the Shire of\nHarvey Administration offices;\nAS 2870 means the Australian/New Zealand Standard 2870:2011 Residential slabs and footing,\npublished by Standards Australia as amended from time to time;\nAS/NZS 3016 means Australian/New Zealand Standard 3016:2002—Electrical Installations—\nElectricity security fences, published by Standards Australia as amended from time to time;\nauthorised officer means a person appointed by the local government under section 9.10 of the\nLocal Government Act 1995 to perform any of the functions of an authorised person under this\nbarbed wire fence means a wire or strand of wires having small pieces of sharply pointed wire\ntwisted around it at short intervals;\nboundary fence has the meaning given to it by the Act;\nbuilding surveyor means a Building Surveyor of the local government;\ncommercial lot means a lot where a commercial use—\ncomposite fence means a fence constructed of brick piers and with infill panels between the\npiers of materials other than brick or a fence where the supporting posts and infill panels are\nof different materials.\ndangerous in relation to any fence means—\n(a) an electrified fence other than a fence approved by the local government under this\n(b) a fence containing barbed wire other than a fence erected and maintained in\naccordance with this local law;\n(c) a fence containing exposed broken glass, razor wire or any other potentially harmful\nprojection or material; or\n\n","sortOrder":54},{"sectionNumber":"2094","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2094 GOVERNMENT GAZETTE, WA 12 April 2017\n(d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall,\nfrom any cause;\ndistrict planning scheme means a local planning scheme of the local government made under\nthe Planning and Development Act 2005;\ndividing fence has the meaning given to it by the Act;\nelectrified fence means a fence carrying or designed to carry an electric charge;\nfence means any structure, not including a retaining wall, used or functioning as a barrier,\nirrespective of where it is located and includes any gate;\nfrontage means the boundary line between a lot and the thoroughfare which that lot adjoins;\nfront boundary means the boundary line between a lot and the thoroughfare upon which that\nlot abuts, or in the case of a lot abutting on more than one thoroughfare, the boundary line\nbetween the lot and the primary thoroughfare;\nfront setback area means the area between the building line of a lot and the front boundary of\nthat lot;\nheight in relation to a fence means the vertical distance between—\n(a) the top of the fence at any point; and\n(b) the ground level or, where the ground levels on each side of the fence are not the same,\nthe higher ground level, immediately below that point;\nhours of business operations means the hours of the day during which business is usually\nconducted;\nindustrial lot means a lot where an industrial use—\nlicence means an electrified fence licence or a razor wire fence licence;\n(c) which is an otherwise unvested facility under section 3.53 of the Local Government\nAct 1995;\nlot has the meaning given to it in the Planning and Development Act 2005;\nnotice of breach means a notice referred to in clause 5.1;\noccupier has the meaning given to it in the Local Government Act 1995;\nopen construction means a visually permeable fence comprising of—\n(a) continuous gaps at least 50 millimetres wide which in aggregate occupy at least one\nthird of the length of the fence; or\n(b) continuous gaps less than 50 millimetres wide which in aggregate occupy at least half\nof the length of the fence;\nprovided that the gaps are evenly distributed along the length of the fence.\nowner has the meaning given to it in the Local Government Act 1995;\npublic access way means a portion of public land used as a means of pedestrian access between\nthoroughfares or other public places and for providing a corridor for public utility services;\npublic place means any place to which the public has access whether or not that place is on\nprivate property;\nrazor wire means a coiled strong wire with pieces of sharp cutting edges set across it at close\nintervals;\nresidential lot means a lot where a residential use—\nretaining wall means any structure which prevents the movement of soil or retains soil or\nstructures in order to allow ground levels of different elevations to exist adjacent to one\nanother;\nrural lot means a lot where a rural use—\nSchedule means a Schedule to this local law;\nspecial residential lot means a lot where a special residential use—\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2095\nspecial rural lot means a lot where a special rural use—\nsufficient fence means a fence described in clause 2.1; and\nthoroughfare has the meaning given to it by the Local Government Act 1995, but does not\ninclude a private thoroughfare which is not under the management or control of the local\n1.6 Relationship with other laws\n(1) Anything allowed under any Act, Regulation or district planning scheme, is not affected by any\nprohibition, requirement or restriction under this local law.\n(2) In the event of any inconsistency with any Act, Regulation or district planning scheme, the\nprovisions of those Acts, Regulations or district planning scheme are to prevail.\n1.7 Approval fees and charges\nAll approval fees and charges applicable under this local law shall be determined by the local\ngovernment from time to time in accordance with section 6.16 and 6.19 of the Local Government\nAct 1995.\nPART 2—SUFFICIENT FENCES\nDivision 1—Sufficient fences\n2.1 Sufficient fences\n(1) A person shall not erect a dividing fence or a boundary fence that is not a sufficient fence.\n(2) Subject to subclauses (3) and (4), a sufficient fence—\n(a) on a residential lot is a dividing fence or a boundary fence constructed and maintained in\naccordance with the specifications and requirements of Schedule 2;\n(b) on a commercial lot or an industrial lot is a dividing fence or a boundary fence constructed\nand maintained in accordance with the specifications and requirements of Schedule 3; and\n(c) on a rural lot or a special rural lot is a dividing fence or a boundary fence constructed and\nmaintained in accordance with the specifications and requirements of Schedule 4; and\n(d) on a special residential lot is a dividing fence or a boundary fence constructed and maintained\nin accordance with the specifications and requirements of Schedule 5.\n(3) Where a fence is erected on or near the boundary between—\n(a) a residential lot and an industrial lot, a sufficient fence is a dividing fence constructed and\nmaintained in accordance with the specifications and requirements of Schedule 2;\n(b) a residential lot and a commercial lot, a sufficient fence is a dividing fence constructed and\nmaintained in accordance with the specifications and requirements of Schedule 3;\n(c) a residential lot and a rural lot, a sufficient fence is a dividing fence constructed and\nmaintained in accordance with the specifications and requirements of Schedule 4;\n(d) a residential lot and a special rural lot, a sufficient fence is a dividing fence constructed and\nmaintained in accordance with the specifications and requirements of Schedule 4; and\n(e) a special rural lot; rural lot and special residential lot, a sufficient fence is a dividing fence\nconstructed and maintained in accordance with the specifications and requirements of\nSchedule 4.\n(4) An application must be made to the local government for grant of consent to any variation to the\nspecifications in Schedules 2, 3, 4 and 5.\n(5) Unless an authorised officer determines otherwise, a sufficient fence on a boundary between lots\nother than those specified in subclause (3) is a dividing fence constructed in accordance with the\nspecifications and requirements of Schedule 2.\n(6) Notwithstanding any other provision in this local law, a dividing fence or boundary fence\nconstructed of masonry, stone or concrete shall be a sufficient fence only if it is designed by a suitably\nqualified structural engineer and constructed in accordance with that design where—\n(a) it is greater than 1 800 millimetres in height; or\n(b) the Building Surveyor requires.\n(7) Notwithstanding any other provision in this local law, a dividing fence or boundary fence shall not\nexceed 1 800 millimetres in height unless the approval of the local government has been obtained for\nsuch a fence.\nDivision 2—General\n2.2 Fences within front setback areas\n(1) A person shall not, without the written consent of the Building Surveyor, erect a free-standing\nfence greater than 1 200 millimetres in height, within the front setback area of a residential lot\nwithin the district.\n(2) The Building Surveyor may approve the erection of a fence of a height greater than 1 200\nmillimetres in the front setback area of a residential lot only if the fence on each side of the driveway\ninto the lot across the front boundary is to be angled into the lot for a distance of not less than 1 500\n\n","sortOrder":55},{"sectionNumber":"2096","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2096 GOVERNMENT GAZETTE, WA 12 April 2017\nmillimetres along the frontage to a distance of not less than 1 500 millimetres from the frontage in\norder to provide appropriate splayed lines of vision for a motorist using the driveway for access to a\nthoroughfare.\n(3) The provision of subclause (2) shall not apply to a fence—\n(a) of open construction that does not obscure the lines of vision of a motorist using the driveway\nfor access to a thoroughfare; or\n(b) that does not adjoin a footpath.\n2.3 Gates in fences\nA person shall not erect a gate in a fence which does not—\n(a) open into the lot, if the gate is providing access to a thoroughfare; or\n(b) open by sliding parallel and on the inside of the fence, which it forms part of, when closed.\n2.4 Depositing fencing material on public place\nA person shall not deposit or permit the deposit of any materials whatsoever used in the construction\nor maintenance of any fence, on any thoroughfare, public place or local government property without\nthe approval of the local government.\n2.5 Fences on a rural lot\nA person shall not, without the written consent of the Building Surveyor, erect a fence on a rural lot\nof a height exceeding 1 500 millimetres.\n2.6 Maintenance of fences\nAn owner of a lot on which a fence is erected shall maintain the fence in good condition so as to\nprevent it from becoming dangerous, dilapidated, or unsightly to the amenity of the locality.\n2.7 Fences across rights-of-way, public access ways or thoroughfares\nA person must not, without the approval of the local government, erect or maintain a fence or\nobstruction of a temporary or permanent nature across any right-of-way, public access way or\nthoroughfare so as to impede or prevent use of those facilities in the manner for which they are\nintended and constructed.\n2.8 General discretion of the local government\n(1) Notwithstanding the provisions of clause 2.1, the local government may approve the erection or\nrepair of a dividing fence which is not a sufficient fence where all of the owners of the lots to be\nseparated by the dividing fence make an application for approval for that purpose.\n(2) In determining whether to grant its approval under subclause (1), the local government may\nconsider whether the erection or retention of the fence would have an adverse effect on—\n(a) the safe or convenient use of any land;\n(b) the safety or convenience of any person; or\n(c) the visual amenity of the locality.\nDivision 3—Fencing materials\n2.9 Pre-used fencing materials\n(1) Notwithstanding clause 2.1, a person shall not construct a fence on a residential lot, a commercial\nlot or an industrial lot from pre-used materials without the approval of the local government.\n(2) Where the local government approves the use of pre-used materials in the construction of a fence\nunder subclause (1), that approval shall be conditional on the applicant painting or treating the pre-\nused material as directed by the Building Surveyor.\n2.10 Barbed wire fences and spiked or jagged materials\n(1) This clause does not apply to a fence constructed wholly or partly of razor wire.\n(2) An owner or occupier of a residential lot or a commercial lot shall not erect, affix or allow to\nremain on any fence on such a lot any barbed wire or other material with spiked or jagged projections,\nunless the prior written approval of the local government has been obtained.\n(3) An owner or occupier of an industrial lot shall not erect, affix or allow to remain on any fence\nbounding that lot any barbed wire or other materials with spiked or jagged projections unless the wire\nor other materials are carried on posts at an angle of 45 degrees, and unless the bottom row of wire or\nother materials is setback 150 millimetres from the face of the fence and is not nearer than 2 000\nmillimetres from the ground level.\n(4) If the posts which carry the barbed wire or other materials referred to in subclause (3) are angled\ntowards the outside of the lot bounded by the fence, the face of the fence must be setback from the lot\nboundary a sufficient distance to ensure that the angled posts, barbed wire or other materials do not\nencroach on adjoining land.\n(5) An owner or occupier of a lot shall not erect, affix or allow to remain as part of any fence or wall,\nwhether internal or external on that lot, any broken glass.\n(6) An owner or occupier of a rural lot, a special rural lot or a special residential lot, shall not erect,\naffix or allow to remain any barbed wire upon a fence on that lot, where the fence is adjacent to a\nthoroughfare or other public place, unless the barbed wire is fixed to the side of the fence posts\nfurthest from the thoroughfare or other public place.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2097\n2.11 Electrified and razor wire fences\n(1) An owner or occupier of a lot shall not—\n(a) construct or use an electrified fence on that lot, without obtaining the approval of the local\ngovernment, in the form prescribed in Schedule 6; or\n(b) construct a fence wholly or partly of razor wire on that lot, without obtaining the approval of\nthe local government.\n(2) The local government shall not approve an application for the purpose of subclause (1)(a)—\n(a) in respect of a lot which is or which abuts a residential lot;\n(b) unless the prohibited fence complies with AS/NZS 3016:2002 Electrical installations—\nElectricity security fences as amended from time to time; and\n(c) unless provision is made so as to enable the fence to be rendered inoperable during the hours\nof business operations, if any, on the lot where it is erected.\n(3) The local government shall not approve an application for the purpose of subclause (1)(b)—\n(a) if the fence is within 3 000 millimetres of the boundary of the lot; or\n(b) where any razor wire used in the construction of the fence is less than 2 000 millimetres or\nmore than 2 400 millimetres above the ground level.\n(4) An application for approval for the purpose of subclauses (1)(a) or (1)(b) shall be made by the\nowner of the lot on which the fence is or is to be erected, or by the occupier of the lot with the written\nconsent of the owner.\n2.12 Prohibited fencing materials\nA person shall not affix or use broken glass in the construction of any fence.\nPART 3—APPROVALS\n3.1 Application for approval\n(1) Where a person is required to obtain the approval of the local government under this local law,\nthat person shall apply for approval in accordance with subclause (2).\n(2) An application for approval under this local law shall—\n(a) be in the form determined by the local government;\n(b) be signed by the applicant and the owner of the lot;\ngovernment under and in accordance with sections 6.16 and 6.19 of the Local Government\nAct 1995.\nrelated to an application before determining an application for approval.\n(4) The local government may refuse to consider an application for approval which is not in\naccordance with subclauses (2) and (3).\n3.2 Decision on application for approval\n(a) approve an application for approval unconditionally or subject to any conditions; or\n(b) refuse to approve an application for approval.\n(2) If the local government approves an application for approval, it is to issue to the applicant an\napproval in the form determined by the local government.\n(3) If the local government refuses to approve an application for approval, it is to give written notice of\n(4) Where a clause of this local law refers to conditions which may be imposed on an approval or\nwhich are to be taken to be imposed on an approval, the clause does not limit the power of the local\ngovernment to impose other conditions on the approval under subclause (1)(a).\n3.3 Compliance with approval\nWhere an application for approval has been approved, the applicant and the owner or occupier of the\nlot to which the approval relates, shall comply with the terms and any conditions of that approval.\n3.4 Duration of approval\nUnless otherwise stated in the form of approval, an approval granted under this local law runs with\nthe lot to which it relates and for the avoidance of doubt, it may be relied upon by any subsequent\noccupier or owner of the lot, and may be enforced against them by the local government.\n3.5 Cancellation of an approval\nSubject to Division 1 Part 9 of the Local Government Act 1995, the local government may cancel an\napproval issued under this Part if—\n(a) the fence no longer satisfies the required specifications; or\n(b) the owner or occupier breaches any condition upon which the approval has been issued.\n\n","sortOrder":56},{"sectionNumber":"2098","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2098 GOVERNMENT GAZETTE, WA 12 April 2017\nPART 4—MISCELLANEOUS\n4.1 False or misleading statement\nA person shall not make a false or misleading statement in connection with any application,\nrequirement or request under this local law.\nPART 5—NOTICES OF BREACH\n5.1 Notices of breach\n(1) Where a breach of any provision of this local law has occurred in relation to a fence on a lot, the\nlocal government may give a notice in writing to the owner of that lot.\n(2) A notice of breach shall—\n(a) specify the provision of this local law which has been breached;\n(b) specify the particulars of the breach; and\n(c) state that the owner is required to remedy the breach within the time specified in the notice.\n(3) Should an owner fail to comply with a notice of breach, the local government may, by its\nemployees, agents or contractors enter upon the lot to which the notice relates and remedy the\nbreach, and may recover the expenses of so doing from the owner of the lot in a court of competent\njurisdiction.\n(4) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of Schedule 3.1 of\nthe Act and any power of entry exercised by the local government under this local law is subject to\nPart 3, Division 3 of the Act.\nPART 6—OFFENCES\n6.1 Offences and penalties\n(1) A person who fails to comply with a notice of breach commits an offence and is liable upon\nconviction to a penalty of not less than $250 and not exceeding $5 000 and, if the offence is a\ncontinuing offence, to a maximum daily penalty of $500.\n(2) A person who fails to comply with or who contravenes any provision of this local law commits an\noffence and is liable on conviction to a penalty of not less than $250 and not exceeding $5 000 and, if\nthe offence is a continuing offence, to a maximum daily penalty of $500.\n(1) An offence against any provision of this local law is a prescribed offence for the purposes of\nsection 9.16(1) of the Local Government Act 1995.\n(2) The amount appearing in the final column of Schedule 1, directly opposite a prescribed offence in\nthat Schedule, is the modified penalty for that prescribed offence.\n6.3 Forms of notices\n(a) the form of the infringement notice referred to in sections 9.16 and 9.17 of the Local\nGovernment Act 1995 is to be in the form of Form 2 of Schedule 1 of the Local Government\n(Functions and General) Regulations 1996; and\n(b) the form of the withdrawal of infringement notice referred to in section 9.20 of the Local\nGovernment Act 1995 is to be in the form of Form 3 in Schedule 1 of the Local Government\n(Functions and General) Regulations 1996.\nPART 7—OBJECTIONS AND REVIEW\n7.1 Objections and review\nWhen the local government makes a decision under clause 3.2, the provisions of Part 9 Division 1 of\nthe Local Government Act 1995, and regulation 33 of the Local Government (Functions and General)\nRegulations 1996, apply to that decision.\n————\nOFFENCES AND MODIFIED PENALTIES\n[clause 6.2(2)]\nItem\nNo\nNo. Nature of offence\npenalties\n$\n1 2.1(1) Erect a fence which is not a sufficient fence 250\n2 2.2 Erect a fence greater than 1 200 millimetres in height within\na front setback area of a residential lot without the written\nconsent of the local government 250\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2099\nItem\nNo\nNo. Nature of offence\npenalties\n$\n3 2.3(a) Erect a gate in a fence not opening into the lot, if the gate is\nproviding access to a thoroughfare 200\n4 2.3(b) Erect a gate in a fence not sliding parallel and inside a fence 200\n5 2.5 Erect a fence on a rural lot of a height exceeding 1 500\nmillimetres without the written consent of the local\ngovernment 200\n6 2.6 Failure to maintain a fence in good condition to prevent the\nfence becoming dangerous, dilapidated or unsightly 250\n7 2.7 Erect or maintain a fence or obstruction of temporary or\npermanent nature across a right-of way, public access way or\nthoroughfare without approval 250\n8 2.9(1) Construct a fence on a residential, commercial or industrial\nlot from pre-used materials without written approval 250\n9 2.10(2) Erect a fence using barbed wire or material with spiked or\njagged projections in the fence construction without written\napproval 250\n10 2.11(1) Construct, erect or use razor wire in a fence or electrify a\nfence without approval 250\n11 2.12 Affix, or use, any broken glass in a fence 250\n12 3.3 Failure to comply with terms or conditions of approval 250\n13 6.1 Failure to comply with notice of breach 250\n————\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT\n[clause 2.1(2)(a)]\nEach of the identified categories in this Schedule is a sufficient fence on a residential lot—\n1. Timber fence\n(a) corner posts to be 125 millimetres x 125 millimetres x 2 400 millimetres and intermediate\nposts to be 125 millimetres x 75 millimetres x 2 400 millimetres spaced at 2 400\nmillimetres centres;\n(b) corner posts to be strutted 2 ways with 100 millimetres x 50 millimetres x 450\nmillimetres sole plates and 75 millimetres x 50 millimetres struts;\n(c) intermediate posts to be doubled wailing strutted with 150 millimetres x 25 millimetres x\n450 millimetres struts;\n(d) all posts to have tops with a 60 millimetres weather cut and to be sunk at least 600\nmillimetres into the ground;\n(e) rails to be 75 millimetres x 50 millimetres with each rail spanning 2 bays of fencing\ndouble nailed or bolted to each post with joints staggered;\n(f) the fence to be covered with 75 millimetres x 20 millimetres sawn pickets, 1 800\nmillimetres in height and affixed securely to each rail; and\n(g) the height of the fence to be 1 800 millimetres except with respect to the front setback\n2. Corrugated fence\nA fence constructed of corrugated fibre reinforced pressed cement or steel sheeting constructed to\nmanufacturer’s specifications or which satisfies the following specifications—\n(a) a minimum in-ground length of 25 per cent of the total length of the sheet, but in any\ncase shall have a minimum in-ground depth of 600 millimetres;\n(b) the total height and depth of the fence to consist of a single continuous fibre reinforced\ncement or steel sheet;\n(c) the sheets to be lapped and capped with extruded snap-fit type capping in accordance\nwith the manufacturer’s specifications; and\n(d) the height of the fence to be 1 800 millimetres except with respect to the front setback\n3. Brick, stone or concrete fence\nA fence constructed of brick, stone or concrete, which satisfies the following requirements and\nspecifications—\n(a) a site classification is to be provided by a suitably qualified engineer in accordance with\nAS 2870:2011 Residential slabs and footings as amended from time to time;\n\n","sortOrder":57},{"sectionNumber":"2100","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2100 GOVERNMENT GAZETTE, WA 12 April 2017\n(b) the footing is to be designed in accordance with AS 2870:2011 Residential slabs and\nfootings as amended from time to time;\n(c) footings having a minimum of 225 millimetres x 150 millimetres concrete 15MPa or 300\nmillimetres x 175 millimetres brick laid in cement mortar;\n(d) fences to be offset a minimum of 200 millimetres at maximum 3 000 millimetres centres\nor 225 millimetres x 100 millimetres engaged piers to be provided at maximum 3 000\nmillimetres centres;\n(e) expansion joints in accordance with the manufacturer’s specifications; and\n(f) the height of the fence to be 1 800 millimetres except with respect to the front setback\n4. Composite fence\nA composite fence which satisfies the following specifications for the brick construction—\n(1) (a) brick piers shall have a minimum of 345 millimetres x 345 millimetres at 1 800\nmillimetres centres bonded to a minimum height base wall of 514 millimetres;\n(b) each brick pier shall be reinforced with one R10 galvanised starting rod 1 500 millimetres\nhigh with a 250 millimetres horizontal leg bedded into a 500 millimetres x 200\nmillimetres concrete footing and set 65 millimetres above the base of the footing. The top\nof the footing shall be 1 course (85 millimetres) below ground level;\n(c) the minimum ultimate strength of brickwork shall be 20MPa. Mortar shall be a mix of 1\npart cement, 1 part lime and 6 parts sand;\n(d) the ground under the footings is to be compacted to 6 blows per 300 millimetres and\nchecked with a standard falling weight penetrometer; and\n(e) control joints in brickwork shall be provided with double piers at a maximum of 6 metre\ncentres;\nor\n(2) (a) brick piers of a minimum 345 millimetres x 345 millimetres x 2 700 millimetres centres\nbonded to the base wall; and\n(b) each pier shall be reinforced with 2 R10 galvanised starting rods as previously specified.\n————\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL LOT OR AN\nINDUSTRIAL LOT\n[clause 2.1(2)(b)]\n1. Galvanised or PVC fence and gate\nA fence constructed of galvanised or PVC coated non-rail link mesh, chain mesh or steel mesh which\nsatisfies the following specifications—\n(a) corner posts to be a minimum of 50 millimetres nominal bore x 3.5 millimetres and with\nfootings of a 225 millimetres diameter x 900 millimetres;\n(b) intermediate posts to be minimum 37 millimetres nominal bore x 3.15 millimetres at\nmaximum 3.5 metre centres and with footings of a 225 millimetres diameter x 600\nmillimetres;\n(c) struts to be minimum 30 millimetres nominal bore x 3.15 millimetres fitted at each gate and\n2 at each corner post and with footings 225 millimetres x 600 millimetres;\n(d) cables to be affixed to the top, centre and bottom of all posts and to consist of 2 or more 3.15\nmillimetres wires twisted together or single 4 millimetres wire;\n(e) non-rail link, chain or steel mesh is to be to a height of 2 000 millimetres on top of which are\nto be 3 strands of barbed wire carrying the fence to a height of 2 400 millimetres in\naccordance with the requirements and standards of the district planning schemes; and\n(f) galvanised link mesh wire to be 2 000 millimetres in height and constructed of 50 millimetres\nmesh 2.5 millimetres galvanised iron wire and to be strained, neatly secured and laced to the\nposts and affixed to cables. Vehicle entry gates shall provide an opening of not less than 3.6\nmetres and shall be constructed of 25 millimetres tubular framework with 1 horizontal and 1\nvertical stay constructed of 20 millimetres piping and shall be covered with 50 millimetres x\n2.5 millimetres galvanised link mesh strained to framework. Gates shall be fixed with a drop\nbolt and locking attachment.\n2. Other fences\n(a) a fence of cement sheet or steel sheeting constructed to the minimum specifications referred\nto in Schedule 2;\n(b) a fence constructed of aluminium sheeting when supported on posts and rails provided that it\nis used behind a building line and is of a minimum height of 1 800 millimetres but no greater\nthan 2 400 millimetres; or\n(c) a fence of timber, brick, stone or concrete constructed to the minimum specifications referred\nto in Schedule 2.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2101\n","sortOrder":58},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":null,"content":"Schedule 4\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A RURAL LOT OR\nSPECIAL RURAL LOT\n[clause 2.1(2)(c)]\n1. Non-electrified fence\n(a) wire shall be high tensile wire and not less than 2.5 millimetres. A minimum of 5 wires shall\nbe used, generally with the lower wires spaced closer together than the higher wires so as to\nprevent smaller stock passing through, and connected to posts in all cases.\n(b) posts shall be of indigenous timber or other suitable material including—\n(i) timber impregnated with a termite and fungicidal preservative;\n(ii) standard iron star pickets; or\n(iii) concrete;\n(c) cut not less than 1 800 millimetres long x 50 millimetres diameter at small end if round or\n125 millimetres x 60 millimetres if split or sawn;\n(d) posts to be set minimum 600 millimetres in the ground and 1 200 millimetres above the\nground; and\n(e) strainer posts shall be not less than 2 250 millimetres long and 150 millimetres diameter at\nthe small end (tubular steel to be 50 millimetres in diameter) and shall be cut from\nindigenous timber or other suitable material. These shall be placed a minimum of 1 000\nmillimetres in the ground.\n2. Electrified fence\nAn electrified fence having 4 wires is a sufficient fence if constructed generally in accordance with a\nnon-electrified fence.\n————\n","sortOrder":59},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":null,"content":"Schedule 5\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A SPECIAL RESIDENTIAL LOT\n[clause 2.1(2)(d)]\nA sufficient fence on a special residential lot is a fence of posts and wire construction, shall satisfy the\nfollowing minimum specifications—\n(a) wire shall be high tensile wire and not less than 2.5 millimetres. A minimum of 5 wires shall\nbe used, these to be spaced equally and threaded through 6 millimetres holes in posts to all\nfences;\n(b) posts shall be of indigenous timber or other suitable material including timber impregnated\nwith a termite and fungicidal preservative cut not less than 1800 millimetres long x 100\nmillimetres diameter at small end if round or 125 millimetres x 60 millimetres if split or\nsawn. Posts to be set minimum 600 millimetres in the ground and 1200 millimetres above the\nground spaced at 4000 millimetres maximum centres; and\n(c) strainer posts shall be not less than 2250 millimetres long and 150 millimetres diameter at\nthe small end and shall be cut from indigenous timber or other suitable material. These shall\nbe placed a minimum of 1000 millimetres in the ground and set at all corners, gateways and\nfence line angles but not exceeding 200 metres apart.\n(d) No boundary fence shall be constructed of the following materials—\n(i) fibro cement;\n(ii) metal sheeting; or\n(iii) wooden pickets.\n————\n","sortOrder":60},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":null,"content":"Schedule 6\nLICENCE FOR APPROVED ELECTRIFIED FENCE\n[clause 2.11(1)(a)]\nThis is to certify that (1) .................................................................................................................................\nof (2) ................................................................................................................................................................\nis licensed , subject to the conditions set out below, to have and use an electrified fence on\n........................................................................................................................................................................\n(address)\nfrom ................................................ 20 ................ and until this licence is transferred or cancelled.\nDated this ........... day of ................................................... 20 ................\n....................................................................\n\n","sortOrder":61},{"sectionNumber":"2102","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2102 GOVERNMENT GAZETTE, WA 12 April 2017\nConditions of Licence\nThe holder of the licence must—\n(a) display the licence in a prominent position on the land or premises on which the electrified\nfence has been erected;\n(b) upon the request of a Building Surveyor produce to him or her the licence;\n(c) within 14 days of a change in the ownership or occupation of the land or premises in respect\nof which the licence has been granted, notify the CEO in writing of the details of that change\nor those changes;\n(d) obtain the written consent of the authorised person prior to the commencement of any\nalteration, addition or other work relating to or affecting the electrified fence; and\n(e) comply with AS/NZS 3016:2002 Electrical installations—Electric security fences as amended\nfrom time to time.\nTransfer by Endorsement\nThis licence is transferred to (3) ...................................................................................................................\nof (4) ................................................................................................................................................................\nfrom and including the date of this endorsement.\nDated this ................. day of ............................................20..............\n(1) Name\n(2) Address\n(3) Name\n(4) Address\n————\n","sortOrder":62},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":null,"content":"Schedule 7\nLICENCE FOR APPROVED RAZOR WIRE FENCE\n[clause 2.11(1)(b)]\nThis is to certify that (1) ................................................................................................................................\nof (2) ................................................................................................................................................................\nis licensed , subject to the conditions set out below, to have a fence constructed wholly or partially of\nrazor wire at ..................................................................................................................................................\n(address)\nFrom ........................................ 20 ........ and until this licence is transferred or cancelled.\nDated this ................. day of ............................................20..............\nConditions of licence—\n(a) display the licence in a prominent position on the land or premises on which the fence has\nbeen erected;\n(b) upon the request of a Building Surveyor produce to him or her the licence;\n(c) within 14 days of a change in the ownership or occupation of the land or premises in respect\nof which the licence has been granted, notify the Chief Executive Officer in writing of the\ndetails of that change or those changes; and\n(d) obtain the written consent of the local government prior to the commencement of any\nalteration, addition or other work relating to or affecting the fence.\nTransfer by Endorsement\nThis licence is transferred to (3) ...................................................................................................................\nof (4) ................................................................................................................................................................\nfrom and including the date of this endorsement.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2103\nDated this ................. day of ............................................ 20..............\n(1) Name\n(2) Address\n(3) Name\n(4) Address\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2105\n1.6 Repeal\n1.7 Application as to assistance animals\nPART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\nDivision 1—Determinations\n2.1 Determinations as to use of local government property\n2.2 Procedure for making a determination\n2.3 Discretion to erect sign\n2.4 Determination to be complied with\n2.5 Register of determinations\n2.6 Amendment or revocation of a determination\nDivision 2—Activities which may be pursued or prohibited under a determination\n2.7 Activities which may be pursued on specified local government property\n2.8 Activities which may be prohibited on specified local government property\nDivision 3—Transitional\n2.9 Signs taken to be determinations\nPART 3—PERMITS\n3.1 Application of Part\nDivision 2—Applying for a permit\n3.2 Application for permit\n3.3 Decision on application for permit\nDivision 3—Conditions\n3.4 Conditions which may be imposed on a permit\n3.5 Imposing conditions under a policy\n3.6 Compliance with and variation of conditions\nDivision 4—General\n3.7 Duration of permit\n3.8 Renewal of permit\n3.9 Transfer of permit\n3.10 Production of permit\n3.11 Cancellation of permit\n\n","sortOrder":63},{"sectionNumber":"2106","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2106 GOVERNMENT GAZETTE, WA 12 April 2017\nDivision 5—When a permit is required\n3.12 Activities needing a permit\n3.13 Permit required to camp outside a facility\n3.14 Permit required for possession and consumption of liquor\nDivision 6—Responsibilities of permit holder\n3.15 Responsibilities of permit holder\nPART 4—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY\nDivision 1—Behaviour on and interference with local government property\n4.1 Behaviour which interferes with others\n4.2 Behaviour detrimental to property\n4.3 Taking or injuring any fauna\n4.4 Intoxicated persons not to enter local government property\n4.5 No prohibited drugs\nDivision 2—Signs\n4.6 Signs\nPART 5—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY\nDivision 1—Swimming pool areas\n5.1 When entry must be refused\n5.2 Consumption of food or drink may be prohibited\nDivision 2—Beaches\n5.3 Powers of surf lifesaving club members\n5.4 Authorising other persons\n5.5 Persons to comply with signs and directions\nDivision 3—Fenced or closed property\n5.6 No entry to fenced or closed local government property\nDivision 4—Toilet blocks and change rooms\n5.7 Only specified gender to use entry of toilet block or change room\nPART 6—FEES FOR ENTRY ON TO LOCAL GOVERNMENT PROPERTY\n6.1 No unauthorised entry to function\nPART 7—JETTIES AND BRIDGES\n7.1 Interpretation\nDivision 2—Consents and fees\n7.2 Application for consent and application fee\nDivision 3—Prohibitions on use of jetty\n7.3 When use of jetty is prohibited\nDivision 4—Mooring boats to jetties\n7.4 Method of mooring boat\nDivision 5—When boats may remain at jetty\n7.5 When boat may remain moored\n7.6 Authorised person may order removal of boat\nDivision 6—Launching of boats\n7.7 Restrictions on launching\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2107\nDivision 7—Cargo or other goods\n7.8 Loading and discharging\n7.9 Outgoing cargo not to be stored on jetty\n7.10 Removal of incoming cargo from jetty\n7.11 Authorised person may direct removal\n7.12 Handling of bulk cargo\nDivision 8—Polluting surrounding area\n7.13 Polluting surrounding area\nDivision 9—Fishing from jetties and bridges\n7.14 Limitations on fishing\nPART 8—SALEYARDS\n8.1 Interpretation\nDivision 2—Sale of stock\n8.2 Requirements of auctioneer’s licence\n8.3 Sale times to be approved\n8.4 Order of sales\nDivision 3—Care of and responsibility for stock\n8.5 Diseased and injured stock\n8.6 Care of stock\n8.7 When purchaser becomes responsible for stock\n8.8 Time limit for removal of stock\n8.9 Removal of unsold stock\n8.10 Removal of dead or maimed stock\nDivision 4—Payment of fees\n8.11 Payment of yard fees\n8.12 Documents may be inspected\nDivision 5—Control of dogs\n8.13 Only working dogs allowed\n8.14 Diseased dogs prohibited\nPART 9—OBJECTIONS AND APPEALS\n9.1 Application of Division 1, Part 9 of the Act\nPART 10—MISCELLANEOUS\n10.1 Authorised person to be obeyed\n10.2 Persons may be directed to leave local government property\n10.3 Disposal of lost property\n10.4 Liability for damage to local government property\n","sortOrder":64},{"sectionNumber":"Part 11","sectionType":"part","heading":"ENFORCEMENT","content":"PART 11—ENFORCEMENT\n11.1 Offence to fail to comply with notice\n11.2 Local government may undertake requirements of notice\n11.3 Offences and general penalty\n11.4 Prescribed offences\n11.5 Form of notices\n\n2108 GOVERNMENT GAZETTE, WA 12 April 2017\nDivision 3—Evidence in legal proceedings\n11.6 Evidence of a determination\nSCHEDULE 1—PRESCRIBED OFFENCES\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2109\nit, the Council of the Shire of Harvey resolved on 29 November 2016 to make the following local law.\nThis local law may be cited as the Shire of Harvey Local Government Property Local Law 2017.\napplicant means a person who applies for a permit under clause 3.2;\nassistance animal means an animal who is being used as an assistance animal as defined in the\nDisability Discrimination Act 1992 (Commonwealth);\nauthorised person means a person appointed 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;\nboat means any ship, vessel or structure capable of being used in navigation by water, however\npropelled or moved, and includes a jet ski;\nbuilding means any building which is local government property and includes a—\n(a) hall or room;\n(b) corridor, stairway or annexe of any hall or room; and\n(c) jetty;\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;\ndate of publication means, where local public notice is required to be given of a matter under\nthis local law, the date on which notice of the matter is published in a newspaper circulating\ngenerally throughout the district;\ndetermination means a determination made under clause 2.1;\nfunction means an event or activity characterised by all or any of the following—\n(a) formal organisation and preparation;\n(b) its occurrence is generally advertised or notified in writing to particular persons;\n(c) organisation by or on behalf of a club;\n(d) payment of a fee to attend it; and\n(e) systematic recurrence in relation to the day, time and place;\nliquor has the same meaning as is given to it in section 3 of the Liquor Control Act 1988;\n(c) which is an ‘otherwise unvested facility’ within section 3.53 of the Act;\n\n","sortOrder":65},{"sectionNumber":"2110","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2110 GOVERNMENT GAZETTE, WA 12 April 2017\nManager means the person for the time being employed by the local government to control and\nmanage a pool area or other facility which is local government property and includes the\nperson’s assistant or deputy;\npermit means a permit issued under this local law;\npermit holder means a person who holds a valid permit;\npool area means any swimming and wading pools and spas and all buildings, structures,\nfittings, fixtures, machinery, chattels, furniture and equipment forming part of or used in\nconnection with such swimming and wading pools and spas which are local government\nprohibited drug is given its meaning under section 4 of the Misuse of Drugs Act 1981;\nRegulations mean the Local Government (Functions and General) Regulations 1996;\nSchedule means a schedule in this local law;\nsign includes a notice, flag, mark, structure or device approved by the local government on which\nmay be shown words, numbers, expressions or symbols;\ntrading means the selling or hiring, or the offering for sale or hire of goods or services, and\nincludes displaying goods for the purpose of—\n(a) offering them for sale or hire;\n(b) inviting offers for their sale or hire;\n(c) soliciting orders for them; or\n(d) carrying out any other transaction in relation to them; and\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;\n(d) a pram, a stroller, shopping trolley or a similar device; and\n(e) a boat.\nIn this local law unless the context otherwise requires a reference to local government property\nincludes a reference to any part of that local government property.\n(1) This local law applies throughout the district.\n(2) Notwithstanding anything to the contrary in this local law, the local government may—\n(a) hire local government property to any person; or\n(b) enter into an agreement with any person regarding the use of any local government property.\n1.6 Repeal\n(1) The following local law is repealed—\nShire of Harvey Local Government Property Local Law as published in the Government Gazette on\n(2) Where a policy was made or adopted by the local government under or in relation to a local law\nrepealed by this local law, then the policy is to be taken to no longer have any effect on and from the\ncommencement day.\n(3) The Council may resolve that notwithstanding subclause (2), specified policies continue, or are to\nbe taken to have continued, to have effect on and from the commencement day.\n1.7 Application as to assistance animals\nThis local law is subject to any written law and any law of the Commonwealth about assistance\nanimals as defined in the Disability Discrimination Act 1992 (Commonwealth) section 9(2).\nPART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\nDivision 1—Determinations\n2.1 Determinations as to use of local government property\n(1) The local government may make a determination in accordance with clause 2.2—\n(a) setting aside specified local government property for the pursuit of all or any of the activities\nreferred to in clause 2.7;\n(b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on\nspecified local government property;\n(c) as to the matters in clauses 2.7(2) and 2.8(2); and\n(d) as to any matter ancillary or necessary to give effect to a determination.\n2.2 Procedure for making a determination\n(1) The local government is to give local public notice of its intention to make a determination.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2111\n(2) The local public notice referred to in subclause (1) is to state that—\n(a) the local government intends to make a determination, the purpose and effect of which is\nsummarised in the notice;\n(b) a copy of the proposed determination may be inspected and obtained from the offices of the\nlocal government; and\n(c) submissions in writing about the proposed determination may be lodged with the local\ngovernment within 21 days after the date of publication.\n(3) If no submissions are received in accordance with subclause (2)(c), the Council is to decide to—\n(a) give local public notice that the proposed determination has effect as a determination on and\nfrom the date of publication;\n(b) amend the proposed determination, in which case subclause (5) will apply; or\n(c) not continue with the proposed determination.\n(4) If submissions are received in accordance with subclause (2)(c) the Council is to—\n(a) consider those submissions; and\n(b) decide—\n(i) whether or not to amend the proposed determination; or\n(ii) not to continue with the proposed determination.\n(5) If the Council decides to amend the proposed determination, it is to give local public notice—\n(a) of the effect of the amendments; and\n(b) that the proposed determination has effect as a determination on and from the date of\npublication.\n(6) If the Council decides not to amend the proposed determination, it is to give local public notice\nthat the proposed determination has effect as a determination on and from the date of publication.\n(7) A proposed determination is to have effect as a determination on and from the date of publication\nof the local public notice referred to in subclauses (3), (5) and (6).\n(8) A decision under subclause (3) or (4) is not to be delegated by the Council.\n2.3 Discretion to erect sign\nThe local government may erect a sign on local government property to give notice of the effect of a\ndetermination which applies to that property.\n2.4 Determination to be complied with\nA person shall comply with a determination.\n2.5 Register of determinations\n(1) The local government is to keep a register of determinations made under clause 2.1, and of any\namendments to or revocations of determinations made under clause 2.6.\n(2) Sections 5.94 and 5.95 of the Act are to apply to the register referred to in subclause (1) and for\nthat purpose the register is to be taken to be information within section 5.94(u)(i) of the Act.\n2.6 Amendment or revocation of a determination\n(1) The Council may amend or revoke a determination.\n(2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment\nwere a proposed determination.\n(3) If the Council revokes a determination it is to give local public notice of the revocation and the\ndetermination is to cease to have effect on the date of publication.\nDivision 2—Activities which may be pursued or prohibited under a determination\n2.7 Activities which may be pursued on specified local government property\n(1) A determination may provide that specified local government property is set aside as an area on\nwhich a person may—\n(a) bring, ride or drive an animal;\n(b) take, ride or drive a vehicle, or a particular class of vehicle;\n(c) fly or use a motorised model aircraft;\n(d) use a children’s playground provided that the person is under an age specified in the\ndetermination, but the determination is not to apply to a person having the charge of a person\nunder the specified age;\n(e) launch, beach or leave a boat;\n(f) take or use a boat, or a particular class of boat;\n(g) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or\nnot in specified areas of that local government property;\n(h) play or practice—\n(i) golf or archery;\n(ii) pistol or rifle shooting, but subject to the compliance of that person with the Firearms\nAct 1973; or\n\n","sortOrder":66},{"sectionNumber":"2112","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2112 GOVERNMENT GAZETTE, WA 12 April 2017\n(iii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\n(i) ride a bicycle, a skateboard, rollerblades, a sandboard or a similar device; and\n(j) wear no clothing.\n(2) A determination may specify the extent to which and the manner in which an activity referred to\nin subclause (1) may be pursued and in particular—\n(a) the days and times during which the activity may be pursued;\n(b) that an activity may be pursued on a class of local government property, specified local\ngovernment property or all local government property;\n(c) that an activity is to be taken to be prohibited on all local government property other than\nthat specified in the determination;\n(d) may limit the activity to a class of vehicles, boats, equipment or things, or may extend it to all\nvehicles, boats, equipment or things;\n(e) may specify that the activity can be pursued by a class of persons or all persons; and\n(f) may distinguish between different classes of the activity.\n2.8 Activities which may be prohibited on specified local government property\n(1) A determination may provide that a person is prohibited from pursuing all or any of the following\nactivities on specified local government property—\n(a) smoking on premises;\n(b) riding a bicycle, a skateboard, rollerblades, a sandboard or a similar device;\n(c) taking, riding or driving a vehicle or a particular class of vehicle on the property;\n(d) riding or driving a vehicle of a particular class or any vehicle above a specified speed;\n(e) taking or using a boat, or a particular class of boat;\n(f) the playing or practice of—\n(i) golf, archery, pistol shooting or rifle shooting; or\n(ii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\n(g) the playing or practice of any ball game which may cause detriment to the property or any\nfauna on the property; and\n(h) the traversing of sand dunes or land which in the opinion of the local government has\nenvironmental value warranting such protection, either absolutely or except by paths\nprovided for that purpose.\n(2) A determination may specify the extent to which and the manner in which a person is prohibited\nfrom pursuing an activity referred to in subclause (1) and, in particular—\n(a) the days and times during which the activity is prohibited;\n(b) that an activity is prohibited on a class of local government property, specified local\ngovernment property or all local government property;\n(c) that an activity is prohibited in respect of a class of vehicles, boats, equipment or things, or\nall vehicles, boats, equipment or things;\n(d) that an activity is prohibited in respect of a class of persons or all persons; and\n(e) may distinguish between different classes of the activity.\n(3) In this clause—\npremises means a building, stadium or similar structure which is local government property, but\nnot an open space such as a park or a playing field.\nDivision 3—Transitional\n2.9 Signs taken to be determinations\n(1) Where a sign erected on local government property has been erected under a local law of the local\ngovernment repealed by this local law, then it is to be taken to be and have effect as a determination\non and from the commencement day, except to the extent that the sign is inconsistent with any\nprovision of this local law or any determination made under clause 2.1.\n(2) Clause 2.5 does not apply to a sign referred to in subclause (1).\nPART 3—PERMITS\n3.1 Application of Part\nThis Part does not apply to a person who uses or occupies local government property under a written\nagreement with the local government to do so.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2113\nDivision 2—Applying for a permit\n3.2 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;\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).\n3.3 Decision on application for permit\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\npermit in 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\nDivision 3—Conditions\n3.4 Conditions which may be imposed on a permit\n(1) Without limiting the generality of clause 3.3(1)(a), the local government may approve an\napplication for a permit subject to conditions relating to—\n(a) the payment of a fee;\n(b) compliance with a standard or a policy of the local government adopted by the local\n(c) the duration and commencement of the permit;\n(d) the commencement of the permit being contingent on the happening of an event;\n(e) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n(f) the approval of another application for a permit which may be required by the local\ngovernment under any written law;\n(g) the area of the district to which the permit applies;\n(h) where a permit is issued for an activity which will or may cause damage to local government\nproperty, the payment of a deposit or bond against such damage; and\n(i) the obtaining of public risk insurance in an amount and on terms reasonably required by the\nlocal government.\n(2) Without limiting clause 3.3(1)(a) and subclause (1), the following paragraphs indicate the type and\ncontent of the conditions on which a permit to hire local government property may be issued—\n(a) when fees and charges are to be paid;\n(b) payment of a bond against possible damage or cleaning expenses or both;\n(c) restrictions on the erection of material or external decorations;\n(d) rules about the use of furniture, plant and effects;\n(e) limitations on the number of persons who may attend any function in or on local government\n(f) the duration of the hire;\n(g) the right of the local government to cancel a booking during the course of an annual or\nseasonal booking, if the local government sees fit;\n(h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence is first\nobtained for that purpose under the Liquor Control Act 1988;\n(i) whether or not the hire is for the exclusive use of the local government property;\n(j) the obtaining of a policy of insurance in the names of both the local government and the hirer,\nindemnifying the local government in respect of any injury to any person or any damage to\nany property which may occur in connection with the hire of the local government property by\nthe hirer; and\n(k) the provision of an indemnity from the hirer, indemnifying the local government in respect of\nany injury to any person or any damage to any property which may occur in connection with\nthe hire of the local government property by the hirer.\n\n","sortOrder":67},{"sectionNumber":"2114","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2114 GOVERNMENT GAZETTE, WA 12 April 2017\n3.5 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 3.3(1)(a).\n(2) Under clause 3.3(1)(a) the local government may approve an application subject to conditions by\nreference to a policy.\n(3) The local government shall 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 3.3(2).\n(4) An application for a permit shall be deemed 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 shall be\ndeemed to be information within section 5.94(u)(i) of the Act.\n3.6 Compliance with and variation of conditions\n(1) Where an application for a permit has been approved subject to conditions, the permit holder shall\ncomply with each of those 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 4—General\n3.7 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 3.11.\n3.8 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 this Part shall apply to an application for the renewal of a permit as though it\nwere an application for a permit.\n3.9 Transfer of permit\n(1) An application for the transfer of a valid permit is to—\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(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 an endorsement on the permit signed by the CEO.\n(4) Where the local government approves the transfer of a permit, it is not required to refund any part\nof any fee paid by the former permit holder.\n3.10 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.\n3.11 Cancellation of permit\n(1) Subject to clause 9.1, 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) determination or a provision of any written law which may relate to the activity regulated by\nthe permit.\n(2) On the cancellation of a permit the permit holder—\n(a) shall return the permit as soon as practicable to the CEO; and\n(b) is to be taken to have forfeited any fees paid in respect of the permit.\nDivision 5—When a permit is required\n3.12 Activities needing a permit\n(1) A person shall not without a permit—\n(a) subject to subclause (3), hire local government property;\n(b) advertise anything by any means on local government property;\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2115\n(c) erect a structure for public amusement or for any performance, whether for gain or otherwise,\non local government property;\n(d) teach, coach or train, for profit, any person in a pool area or an indoor recreation facility\nwhich is local government property;\n(e) plant any plant or sow any seeds on local government property;\n(f) carry on any trading on local government property unless the trading is conducted—\n(i) with the consent of a person who holds a permit to conduct a function, and where the\ntrading is carried on under and in accordance with the permit; or\n(ii) by a person who has a licence or permit to carry on trading on local government\nproperty under any written law;\n(g) unless an employee of the local government in the course of her or his duties or on an area set\naside for that purpose—\n(i) drive or ride or take any vehicle on to local government property; or\n(ii) park or stop any vehicle on local government property;\n(h) conduct a function on local government property;\n(i) charge any person for entry to local government property, unless the charge is for entry to\nland or a building hired by a voluntary non-profit organisation;\n(j) light a fire on local government property except in a facility provided for that purpose;\n(k) parachute, hang glide, abseil or base jump from or on to local government property;\n(l) erect a building or a refuelling site on local government property;\n(m) make any excavation on or erect or remove any fence on local government property;\n(n) erect or install any structure above or below ground, which is local government property, for\nthe purpose of supplying any water, power, sewer, communication, television or similar\nservice to a person;\n(o) depasture any horse, sheep, cattle, goat, camel, ass or mule on local government property; or\n(p) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly.\n(2) The local government may exempt a person from compliance with subclause (1) on the application\nof that person.\n(3) The local government may exempt specified local government property or a class of local\ngovernment property from the application of subclause (1)(a).\n3.13 Permit required to camp outside a facility\nfacility has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping\nGrounds Act 1995.\n(2) This clause does not apply to a facility operated by the local government.\n(3) A person shall not without a permit—\n(a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local\ngovernment property; or\n(b) erect any tent, camp, hut or similar structure on local government property other than a\nbeach shade or windbreak erected for use during the hours of daylight and which is\ndismantled during those hours on the same day.\n(4) The maximum period for which the local government may approve an application for a permit in\nrespect of paragraph (a) or (b) of subclause (3) is that provided in regulation 11(2)(a) of the Caravan\nParks and Camping Grounds Regulations 1997.\n3.14 Permit required for possession and consumption of liquor\n(1) A person, on local government property, shall not consume any liquor or have in her or his\npossession or under her or his control any liquor, unless—\n(a) that is permitted under the Liquor Control Act 1988; and\n(b) a permit has been obtained for that purpose.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\nDivision 6—Responsibilities of permit holder\n3.15 Responsibilities of permit holder\nA holder of a permit shall in respect of local government property to which the permit relates\n(a) ensure that an authorised person has unobstructed access to the local government property\nfor the purpose of inspecting the property or enforcing any provision of this local law;\n(b) leave the local government property in a clean and tidy condition after its use;\n(c) report any damage or defacement of the local government property to the local government;\nand\n(d) prevent the consumption of any liquor on the local government property unless the permit\nallows it and a licence has been obtained under the Liquor Control Act 1988 for that purpose.\n\n2116 GOVERNMENT GAZETTE, WA 12 April 2017\nPART 4—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY\nDivision 1—Behaviour on and interference with local government property\n4.1 Behaviour which interferes with others\nA person shall not in or on any local government property behave in a manner which—\n(a) is likely to interfere with the enjoyment of a person who might use the property; or\n(b) interferes with the enjoyment of a person using the property.\n4.2 Behaviour detrimental to property\n(1) A person shall not behave in or on local government property in a way which is or might be\ndetrimental to the property.\n(2) In subclause (1)—\ndetrimental to the property includes—\n(a) removing any thing from the local government property such as a rock, a plant or a seat\nprovided for the use of any person; and\n(b) destroying, defacing or damaging any thing on the local government property, such as a\nplant, a seat provided for the use of any person or a building.\n4.3 Taking or injuring any fauna\n(1) A person shall not take, injure or kill or attempt to take, injure or kill any fauna which is on or\nabove any local government property, unless that person is authorised under a written law to do so.\nanimal means any living thing that is not a human being or plant; and\nfauna means any animal indigenous to or which periodically migrates to any State or Territory\nof the Commonwealth or the territorial waters of the Commonwealth and includes in relation\nto any such animal—\n(a) any class of animal or individual member;\n(b) the eggs or larvae; or\n(c) the carcass, skin, plumage or fur.\n4.4 Intoxicated persons not to enter local government property\nA person shall not enter or remain on local government property while under the influence of liquor or\na prohibited drug.\n4.5 No prohibited drugs\nA person shall not take a prohibited drug on to, or consume or use a prohibited drug on, local\ngovernment property.\nDivision 2—Signs\n4.6 Signs\n(1) A local government may erect a sign on local government property specifying any conditions of use\nwhich apply to that property.\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—\n(a) not to be inconsistent with any provision of this local law or any determination; and\n(b) to be for the purpose of giving notice of the effect of a provision of this local law.\nPART 5—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY\nDivision 1—Swimming pool areas\n5.1 When entry must be refused\nA Manager or an authorised person shall refuse admission to, may direct to leave or shall remove or\ncause to be removed from a pool area any person who—\n(a) is—\n(i) under the age of 10 years and who is unaccompanied by a responsible person over the\nage of 16 years;\n(ii) suffering from any gastrointestinal disease, skin infection or other disease that is\ncommunicable in an aquatic environment; or\n(iii) in an unclean condition; or\n(iv) wearing unclean clothes; or\n(v) under the apparent influence of alcohol, drugs or alcohol and drugs.\n(b) is to be refused admission under and in accordance with a decision of the local government for\nbreaching any clause of this local law.\n5.2 Consumption of food or drink may be prohibited\nA person shall not consume any food or drink in an area where consumption is prohibited by a sign.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2117\nDivision 2—Beaches\n5.3 Powers of surf lifesaving club members\n(1) Subject to subclause (2), the local government may authorise under section 9.10 of the Act the\nmembers of a surf lifesaving club to perform all or any of the following functions in relation to a\nbeach—\n(a) patrol any beach;\n(b) carry out any activity on any beach;\n(c) erect signs designating bathing areas and signs regulating, prohibiting or restricting specified\nactivities on the whole or any part of a beach or in or on the water adjacent to the beach and\nto direct persons on the beach or in or on the water to comply with such signs;\n(d) temporarily enclose any area with rope, hessian, wire or any other means for the conduct of\nsurf lifesaving club activities; and\n(e) direct persons to leave the water adjacent to a beach during dangerous conditions or if a\nshark is suspected of being in the vicinity of a beach.\n(2) Under subclause (1), the local government shall authorise only those members who have been\nrecommended by the surf lifesaving club as competent to perform the functions referred to in that\nsubclause in respect of which they are authorised.\n(3) Under subclause (1), the local government may authorise members generally, or in relation to\nparticular times, days or months.\n5.4 Authorising other persons\n(1) A local government may authorise, under section 9.10 of the Act, a person to perform all or any of\nthe functions referred to in clause 5.3(1) in relation to a beach.\n(2) Under subclause (1), the local government shall authorise only those persons who, in the\nreasonable opinion of the local government, are competent to perform the functions referred to in\nclause 5.3(1) in respect of which they are authorised.\n(3) Under subclause (1), the local government may authorise a person generally, or in relation to\nparticular times, days or months.\n(4) Where the local government has authorised members of a surf lifesaving club under clause 5.3(1)\nand a person under subclause (1) in relation to the same beach, so that they can perform all or any of\nthe functions referred to in clause 5.3(1) contemporaneously, the local government is to specify which\nauthorisation is rendered ineffective when both are exercised.\n5.5 Persons to comply with signs and directions\nA person shall—\n(a) not act in contravention of any sign erected on a beach under clause 5.3(1)(c);\n(b) not enter an area which has been temporarily closed with rope, hessian, wire or any other\nmeans for the conduct of surf lifesaving club activities, unless he or she is a member of the\nclub or has obtained permission to enter from the club; and\n(c) comply with any direction given under clause 5.3(1)(c) or 5.3(1)(e),\nnotwithstanding that the sign or the direction was erected or given, as the case may be, by a person\nreferred to in clause 5.4(1).\nDivision 3—Fenced or closed property\n5.6 No entry to fenced or closed local government property\nA person must not enter local government property which has been fenced off or closed to the public\nby a sign or otherwise, unless that person is authorised to do so by the local government.\nDivision 4—Toilet blocks and change rooms\n5.7 Only specified gender to use entry of toilet block or change room\n(1) Where a sign on a toilet block or change room specifies that a particular entry of the toilet block or\nchange room is to be used by—\n(a) females, then a person of the male gender shall not use that entry of the toilet block or change\nroom; or\n(b) males, then a person of the female gender shall not use that entry of the toilet block or change\nroom.\n(2) Paragraphs (a) and (b) of subclause (1) do not apply to a child, when accompanied by a parent,\nguardian or caregiver, where the child is—\n(a) under the age of 8 years; or\n(b) otherwise permitted by an authorised person to use the relevant entry.\n\n","sortOrder":68},{"sectionNumber":"2118","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2118 GOVERNMENT GAZETTE, WA 12 April 2017\nPART 6—FEES FOR ENTRY ON TO LOCAL GOVERNMENT PROPERTY\n6.1 No unauthorised entry to function\n(1) A person shall not enter local government property on such days or during such times as the\nproperty may be set aside for a function for which a charge for admission is authorised, except—\n(a) through the proper entrance for that purpose; and\n(b) on payment of the fee chargeable for admission at the time.\n(2)The local government may exempt a person from compliance with subclause (1)(b).\nPART 7—JETTIES AND BRIDGES\n7.1 Interpretation\n(1) This Part only applies to bridges and jetties which are local government property.\n(2) In this Part—\njetty means any jetty, pier, wharf or landing place which is local government property; and\nbulk cargo means bulk produce, such as grain, coal, oil or mineral ore, which is not packaged.\nDivision 2—Consents and fees\n7.2 Application for consent and application fee\n(1) Where a person is required to obtain the consent of the local government under this Part, the\nperson is to apply for that consent in the manner required by the local government.\n(2) The local government may require an application for consent made under subclause (1) to be\naccompanied by a fee.\n(3) If an application for consent is not made in the manner required by the local government or the fee\nwhich is to accompany that application is not paid, the local government may refuse to consider the\napplication for consent.\n(4) The local government shall give its decision on an application for consent, in writing to the person\nwho applied for that consent.\n(5) Where a fee is referred to in this Part, the fee must be imposed and determined by the local\nDivision 3—Prohibitions on use of jetty\n7.3 When use of jetty is prohibited\nA person shall not land at, use or go on any part of a jetty which is—\n(a) under construction or repair; or\n(b) closed,\nunless that person has first obtained the consent of the local government.\nDivision 4—Mooring boats to jetties\n7.4 Method of mooring boat\nA person in control of a boat shall not moor or make fast the boat to a jetty, or to any part of the jetty,\nexcept to such mooring piles, ring bolts or other fastenings as are provided.\nDivision 5—When boats may remain at jetty\n7.5 When boat may remain moored\nA person in control of a boat shall not moor or make fast the boat to a jetty unless—\n(a) the boat is in distress and then only to effect the minimum repairs necessary to enable the\nboat to be moved elsewhere;\n(b) the embarking or disembarking of passengers is in progress, and then not for a consecutive\nperiod exceeding 2 hours without the prior consent of the local government;\n(c) the loading or discharging of cargo or other goods is in progress in accordance with Division 7;\nor\n(d) where the boat is used at that time for commercial purposes, the person has first paid the fee\n(if any) for such mooring or making fast to the local government.\n7.6 Authorised person may order removal of boat\nNotwithstanding anything to the contrary in this Part, a person in control of a boat moored or\nfastened to or alongside a jetty shall remove it immediately upon being directed to do so by an\nauthorised person.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2119\nDivision 6—Launching of boats\n7.7 Restrictions on launching\nA person shall not launch a boat from or over any jetty (other than a boat ramp) unless she or he has\nfirst obtained the consent of the local government.\nDivision 7—Cargo or other goods\n7.8 Loading and discharging\nA person in control of a boat shall not allow the boat to come alongside or be moored or made fast to a\njetty for the purpose of loading or discharging cargo or other goods—\n(a) until the cargo or other goods are ready to be loaded or discharged; or\n(b) without the consent of the local government—\n(i) between the hours of 6.00pm to 6.00am on the next day; or\n(ii) for longer than 2 consecutive hours.\n7.9 Outgoing cargo not to be stored on jetty\nA person in control of cargo or other goods intended for loading on to a boat shall—\n(a) not allow them to be stored or placed on a jetty unless and until the boat is moored or\nfastened to or alongside the jetty; and\n(b) load them on to the boat as soon as practicable after the boat is moored or fastened to or\nalongside the jetty.\n7.10 Removal of incoming cargo from jetty\nAny person unloading cargo or other goods from a boat on to a jetty shall remove them, or cause them\nto be removed from the jetty as soon as practicable, but not later than 6.00pm on the day on which\nthey were placed there.\n7.11 Authorised person may direct removal\nAn authorised person may direct a person who, in the opinion of the authorised person, is in charge of\ncargo or other goods which remain on a jetty contrary to any provision of this Part to remove them\nfrom the jetty.\n7.12 Handling of bulk cargo\nExcept with the prior consent of the local government, a person shall not place or deposit bulk cargo\nfrom a vehicle, boat or container on to a jetty.\nDivision 8—Polluting surrounding area\n7.13 Polluting surrounding area\nA person shall not tip or deposit anything on to a jetty so as to pollute the surrounding area.\n","sortOrder":69},{"sectionNumber":"Div 9","sectionType":"division","heading":"Fishing from jetties and bridges","content":"Division 9—Fishing from jetties and bridges\n7.14 Limitations on fishing\n(a) fish from a jetty or a bridge so as to obstruct or interfere with the free movement of a boat\napproaching or leaving the jetty or the bridge or so as to unreasonably interfere with the use\nof the jetty or the bridge by any other person; or\n(b) hang or spread a fishing net from, on or over any part of a jetty or a bridge.\nPART 8—SALEYARDS\n8.1 Interpretation\nauction has the meaning given to it in the Auction Sales Act 1973;\nsale means a sale by way of auction;\nsaleyard means local government property which is used for the sale of stock;\nstock has the meaning given to livestock in the Auction Sales Act 1973; and\nstock agent means any person appointed by the owner of stock to sell that stock at a saleyard.\nDivision 2—Sale of stock\n8.2 Requirements of auctioneer’s licence\nA person shall not sell by way of auction any stock at a saleyard unless that person is the holder of an\nauctioneer’s licence to sell stock under the Auction Sales Act 1973.\n\n","sortOrder":70},{"sectionNumber":"2120","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2120 GOVERNMENT GAZETTE, WA 12 April 2017\n8.3 Sale times to be approved\nSales are to be conducted at a saleyard only on such days and at such times as may be appointed by a\nstock agent with the prior approval of the CEO.\n8.4 Order of sales\nThe order in which stock agents conduct sales on any day under clause 8.3 is to be the order agreed to\nby those stock agents, and in default of agreement, as directed by the CEO or an authorised person.\nDivision 3—Care of and responsibility for stock\n8.5 Diseased and injured stock\n(a) offer for sale any stock which is diseased, emaciated, injured or suffering from ill health for\nsale at a saleyard; or\n(b) deliver to any saleyard any stock which is diseased, emaciated, injured or suffering from ill\nhealth.\n(2) Where in the opinion of an authorised person stock at a saleyard is diseased, emaciated, injured or\nsuffering from ill health, the authorised person may direct the stock agent of the stock, or if there is\nno stock agent, the owner or the person apparently in control of that stock, to remove that stock\nimmediately from the saleyard.\n8.6 Care of stock\nWhere the stock is yarded in any saleyard the stock agent (or if there is no stock agent, the owner)\nshall—\n(a) ensure that the stock is properly cared for; and\n(b) if the stock is kept yarded for more than 24 hours, provide the stock with adequate food and\nwater.\n8.7 When purchaser becomes responsible for stock\nThe purchaser of any stock yarded in a saleyard is responsible for such stock from the time the\ncontract of sale is entered into.\n8.8 Time limit for removal of stock\nThe purchaser of any stock at a saleyard is to remove such stock from the saleyard by 5.00pm on the\nday after the day of sale, or by such later time as may be allowed by an authorised person.\n8.9 Removal of unsold stock\nWhere stock yarded in a saleyard remain unsold, the stock agent or, if there is no stock agent, the\nowner of the stock is responsible for the care and removal of such stock from the saleyard.\n8.10 Removal of dead or maimed stock\nStock which have died or which have been maimed shall be immediately removed from the saleyard\nwhere the stock—\n(a) are unsold, by the stock agent, or if there is no stock agent, the owner; or\n(b) have been sold, by the purchaser.\nDivision 4—Payment of fees\n8.11 Payment of yard fees\nWhere stock is brought into a saleyard for a sale or any other purpose by a stock agent or owner, that\nstock agent or owner shall—\n(a) within 7 days of bringing the stock into a saleyard, give the local government a written\nstatement signed by the stock agent or owner advising—\n(i) the total number of stock by class brought into the saleyard; and\n(ii) the date on which the stock was brought into the saleyard; and\n(b) within 28 days of bringing the stock into a saleyard, pay the local government the applicable\nyard fees set by the local government.\n8.12 Documents may be inspected\nThe stock agent or owner shall, on demand by the CEO, make available to the CEO for inspection\nsuch documents as may be necessary to enable the CEO to verify a statement given under clause 8.11.\nDivision 5—Control of dogs\n8.13 Only working dogs allowed\nA person shall not bring into a saleyard any dog which will not be used for working with stock in that\nsaleyard on the day which it is brought in.\n8.14 Diseased dogs prohibited\nA person shall not bring or permit to be brought into a saleyard a dog which is diseased.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2121\nPART 9—OBJECTIONS AND APPEALS\n9.1 Application of Division 1, Part 9 of the Act\nWhen the local government makes a decision as to whether it will—\n(a) grant a person a permit or consent under this local law; or\n(b) renew, vary, or cancel a permit or consent that a person has under this local law,\nthe provisions of Division 1 of Part 9 of the Act and regulations 32A and 33 of the Regulations apply\nto that decision.\nPART 10—MISCELLANEOUS\n10.1 Authorised person to be obeyed\nA person on local government property shall obey any lawful direction of an authorised person and\nshall not in any way obstruct or hinder an authorised person in the execution of her or his duties.\n10.2 Persons may be directed to leave local government property\nAn authorised person may direct a person to leave local government property where she or he\nreasonably suspects that the person has contravened a provision of any written law.\n10.3 Disposal of lost property\nAn article left on any local government property, and not claimed within a period of 3 months,\nmay be disposed of by the local government in any manner it thinks fit.\n10.4 Liability for damage to local government property\n(1) Where a person unlawfully damages local government property, the local government may by\nnotice in writing to that person require that person within the time required in the notice to, at the\noption of the local government, pay the costs of—\n(a) reinstating the property to the state it was in prior to the occurrence of the damage; or\n(b) replacing that property.\n(2) On a failure to comply with a notice issued under subclause (1), the local government may recover\nthe costs referred to in the notice as a debt due to it.\nPART 11—ENFORCEMENT\n11.1 Offence to fail to comply with notice\nWhenever the local government gives a notice under this local law requiring a person to do any thing,\nif a person fails to comply with the notice, that person commits an offence.\n11.2 Local government may undertake requirements of notice\nWhere a person fails to comply with a notice referred to in clause 11.1, the local government may do\nthe thing specified in the notice and recover from the person to whom the notice was given, as a debt,\nthe costs incurred in so doing.\n11.3 Offences and general penalty\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.\n11.4 Prescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 1.\n(3) Before giving an infringement notice to a person in respect of the commission of a prescribed\noffence, 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.\n\n","sortOrder":71},{"sectionNumber":"2122","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2122 GOVERNMENT GAZETTE, WA 12 April 2017\n11.5 Form of notices\n(1) 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(a) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of\n(2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence\nagainst clause 2.4, the notice is to contain a description of the alleged offence.\nDivision 3—Evidence in legal proceedings\n11.6 Evidence of a determination\n(1) In any legal proceedings, evidence of a determination may be given by tendering the register\nreferred to in clause 2.5 or a certified copy of an extract from the register.\n(2) It is to be presumed, unless the contrary is proved, that the determination was properly made and\nthat every requirement for it to be made and have effect has been satisfied.\n(3) Subclause (2) does not make valid a determination that has not been properly made.\n————\n(Clause 11.4)\nClause Description\n$\n1 2.4 Failure to comply with determination 125\n2 3.6 Failure to comply with conditions of permit 125\n3 3.12(1) Failure to obtain a permit 125\n4 3.13(3) Failure to obtain permit to camp outside a facility 125\n5 3.14(1) Failure to obtain permit for liquor 125\n6 3.15 Failure of permit holder to comply with responsibilities 125\n7 4.2(1) Behaviour detrimental to property 125\n8 4.4 Under influence of liquor or prohibited drug 125\n9 4.6(2) Failure to comply with sign on local government property 125\n10 5.2 Consuming food or drink in prohibited area 125\n11 5.5 Failure to comply with sign or direction on beach 125\n12 5.6 Unauthorised entry to fenced or closed local government\nproperty 125\n13 5.7 Gender not specified using entry of toilet block or change\nroom 125\n14 6.1(1) Unauthorised entry to function on local government property 125\n15 7.3 Unauthorised use of any part of jetty which is closed or under\nrepair or construction 125\n16 7.4 Mooring of boats in unauthorised manner 125\n17 7.5 Unauthorised mooring of a boat to jetty 125\n18 7.6 Failure to remove moored boat on direction of authorised\nperson 125\n19 7.7 Launching of boat from jetty without consent 125\n20 7.8 Mooring when not ready to load or discharge cargo, at times\nnot permitted or for longer than permitted 125\n21 7.9 Unlawful storing of goods on jetty 125\n22 7.10 Removing goods from jetty during other than permitted hours 125\n23 7.11 Failure to remove cargo on jetty on direction of authorised\nperson 125\n24 7.12 Unauthorised deposit of bulk cargo on jetty 125\n25 7.14 Fishing from jetty or bridge so as to obstruct a boat or\nanother person 125\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2123\nClause Description\n$\n26 8.2 Selling by way of auction without licence 125\n27 8.8 Failure to remove stock 250\n28 8.10 Failure to immediately remove dead or maimed stock 250\n29 8.11 Failure to give statement or pay fees to local government 250\n30 8.12 Failure to produce documents for inspection by local\ngovernment 250\n31 8.13 Unauthorised entry of dog into saleyard 125\n32 11.1 Failure to comply with notice 250\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2125\n1.3 Repeal\n1.5 Application of particular definitions\n1.6 Application and pre-existing signs\n1.7 Classes of vehicles\n1.8 Part of thoroughfare to which sign applies\n1.9 Powers of the local government\nPART 2—PARKING STALLS\n2.1 Determination of parking stalls\n2.2 Vehicles to be within parking stall on thoroughfare\nPART 3—PARKING GENERALLY\n3.1 Restrictions on parking in particular areas\n3.2 Parking vehicle on a carriageway\n3.3 When parallel and right-angled parking apply\n3.4 When angle parking applies\n3.5 General prohibitions on parking\n3.6 Authorised person may order vehicle on thoroughfare to be moved\n3.7 Authorised person may mark tyres\n3.8 No movement of vehicles to avoid time limitation\n3.9 No parking of vehicles exposed for sale and in other circumstances\n3.10 Parking on private land\n3.11 Parking on reserves\n3.12 Suspension of parking limitations for urgent, essential or official duties\nPART 4—PARKING AND STOPPING GENERALLY\n4.1 No stopping and no parking signs, and yellow edge lines\nPART 5—STOPPING IN ZONES FOR PARTICULAR VEHICLES\n5.1 Stopping in a loading zone\n5.2 Stopping in a taxi zone or a bus zone\n5.3 Stopping in a mail zone\n5.4 Other limitations in zones\nPART 6—OTHER PLACES WHERE STOPPING IS RESTRICTED\n6.1 Stopping in a shared zone\n6.2 Double parking\n6.3 Stopping near an obstruction\n6.4 Stopping on a bridge or in a tunnel, etc.\n6.5 Stopping on crests, curves, etc.\n\n","sortOrder":72},{"sectionNumber":"2126","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2126 GOVERNMENT GAZETTE, WA 12 April 2017\n6.6 Stopping near a fire hydrant etc\n6.7 Stopping at or near a bus stop\n6.8 Stopping on a path, median strip, or traffic island\n6.9 Stopping on verge\n6.10 Obstructing access to and from a path, driveway, etc.\n6.11 Stopping near a letter box\n6.12 Stopping on a carriageway—heavy and long vehicles\n6.13 Stopping on a carriageway with a bicycle parking sign\n6.14 Stopping on a carriageway with motorcycle parking sign\nPART 7—MISCELLANEOUS\n7.1 Removal of notices on vehicle\n7.2 Unauthorised signs and defacing of signs\n7.3 Signs must be complied with\n7.4 General provisions about signs\n7.5 Special purpose and emergency vehicles\n7.6 Vehicles not to obstruct a public place\nPART 8—PENALTIES\n8.1 Offences and penalties\n8.2 Form of notices\nSCHEDULE 1—PARKING REGION\nSCHEDULE 2—PRESCRIBED OFFENCES\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2127\nit, the Council of the Shire of Harvey resolved on 29 November 2016 to make the following local law.\nThis local law may be cited as the Shire of Harvey Parking and Parking Facilities Local Law 2017.\nThis local law comes into operation 14 days after the date of publication in the Government Gazette.\n1.3 Repeal\nThe Shire of Harvey Parking and Parking Facilities Local Law as published in the Government\nGazette on 23 June 2000 is repealed.\nauthorised person means a person appointed 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;\nauthorised vehicle means a vehicle authorised by the local government, CEO, authorised\nperson or by any written law to park on a thoroughfare or parking facility;\nbicycle has the meaning given to it by the Code;\nbuilt-up area has the meaning given to it in the Road Traffic Code 2000;\nbus has the meaning given to it by the Code;\nbus embayment has the meaning given to it by the Code;\nbus stop has the meaning given to it by the Code;\nbus zone has the meaning given to it by the Code;\ncaravan means a vehicle that is fitted or designed to allow human habitation and which is\ndrawn by another vehicle, or which is capable of self-propulsion;\ncarriageway has the meaning given to it by the Code;\ncentre in relation to a carriageway, means a line or a series of lines, marks or other indications—\n(a) for a two-way carriageway—placed so as to delineate vehicular traffic travelling in\ndifferent directions; or\n(b) in the absence of any such lines, marks or other indications—the middle of the main,\ntravelled portion of the carriageway;\nchildren’s crossing has the meaning given to it by the Code;\nCode means the Road Traffic Code 2000;\ncommercial vehicle means a motor vehicle constructed for the conveyance of goods or\nmerchandise, or for the conveyance of materials used in any trade, business, industry or work\nwhatsoever, other than a motor vehicle for the conveyance of passengers, and includes any\nmotor vehicle that is designed primarily for the carriage of persons, but which has been fitted\nor adapted for the conveyance of the goods, merchandise or materials referred to, and is in\nfact used for that purpose;\ndisability parking permit means a current document issued by the National Disability Service\n(ACN 008 445 485), consisting of—\n(a) an Australian Disability Parking Permit; and\n(b) an ACROD Parking Program Card;\n\n","sortOrder":73},{"sectionNumber":"2128","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2128 GOVERNMENT GAZETTE, WA 12 April 2017\ndriver means any person driving or in control of a vehicle;\nedge line for a carriageway means a line marked along the carriageway at or near the far left or\nthe far right of the carriageway;\nemergency vehicle has the meaning given to it by the Code;\nfootpath has the meaning given to it by the Code;\nGVM (which stands for gross vehicle mass) has the meaning given to it by the Code;\nkerb means any structure, mark, marking or device to delineate or indicate the edge of a\nloading zone has the meaning given to it by the Code;\nmail zone has the meaning given to it by the Code;\nmedian strip has the meaning given to it by the Code;\nmotorcycle has the meaning given to it by the Code;\nmotor vehicle means a self-propelled vehicle that is not operated on rails; and the expression\nincludes a trailer, semi-trailer or caravan while attached to a motor vehicle, but does not\ninclude a power assisted pedal cycle;\nno parking area has the meaning given to it by the Code;\nno parking sign means a sign with the words “no parking” in red letters on a white background,\nor the letter “P” within a red annulus and a red diagonal line across it on a white background;\nno stopping area has the meaning given to it by the Code;\nno stopping sign means a sign with the words “no stopping” or “no standing” in red letters on a\nwhite background or the letter “S” within a red annulus and a red diagonal line across it on a\nwhite background;\noccupier has the meaning given to it by the Act;\nowner—\n(a) where used in relation to a vehicle licensed under the Road Traffic Act, means the\nperson in whose name the vehicle has been registered under that Road Traffic Act;\n(b) where used in relation to any other vehicle, means the person who owns, or is entitled\nto possession of, that vehicle; and\n(c) where used in relation to land, has the meaning given to it by the Act;\npark, in relation to a vehicle, means to permit a vehicle, whether attended or not by any person,\nto remain stationary except for the purpose of—\n(a) avoiding conflict with other traffic;\n(b) complying with the provisions of any law; or\n(c) taking up or setting down persons or goods for a period not exceeding 2 minutes;\nparking area has the meaning given to it by the Code;\nparking facilities includes land, buildings, shelters, parking stalls and other facilities open to\nthe public generally for the parking of vehicles and signs, notices and facilities used in\nconnection with the parking of vehicles;\nparking region means the area described in Schedule 1;\nparking stall means a section or part of a thoroughfare or of a parking station which is marked\nor defined by painted lines, metallic studs, coloured bricks or pavers or similar devices for the\npurpose of indicating where a vehicle may be parked;\nparking station means any land or structure provided for the purpose of accommodating\nvehicles;\npedestrian crossing has the meaning given to it by the Code;\npublic place means any place to which the public has access, whether or not that place is on\nprivate property;\nreserve means any land—\n(c) which is an “otherwise unvested facility” within section 3.53 of the Act;\nRoad Traffic Act means the Road Traffic Act 1974;\nSchedule means a Schedule to this local law;\nshared zone has the meaning given to it by the Code;\nsign includes a traffic sign, inscription, road marking, mark, structure or device approved by the\nlocal government on which may be shown words, numbers, expressions or symbols, and which\nis placed on or near a thoroughfare or within a parking station or reserve for the purpose of\nprohibiting, regulating, guiding, directing or restricting the parking of vehicles;\nspecial purpose vehicle has the meaning given to it by the Code;\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2129\nstop in relation to a vehicle means to stop a vehicle and permit it to remain stationary, except for\nthe purposes of avoiding conflict with other traffic or of complying with the provisions of any\nlaw;\nsymbol includes any symbol specified from time to time by the Code;\ntaxi means a taxi within the meaning of the Taxi Act 1994 or a taxi-car in section 47Z of the\nTransport Co-ordination Act 1966;\ntaxi zone has the meaning given to it by the Code;\nthoroughfare has the meaning given to it by the Act;\ntraffic island has the meaning given to it by the Code;\ntrailer means any vehicle without motive power of its own, designed for attachment to a motor\nvehicle for the purpose of being towed, but does not include the rear portion of an articulated\nvehicle, or a side car;\nvehicle has the meaning given to it by the Code; and\nverge means the portion of a thoroughfare which lies between the boundary of a carriageway and\nthe adjacent property line but does not include a footpath.\n1.5 Application of particular definitions\n(1) For the purposes of the application of the definitions no parking area and parking area an\narrow inscribed on a traffic sign erected at an angle to the boundary of the carriageway is deemed to\nbe pointing in the direction in which it would point, if the signs were turned at an angle of less than\n90 degrees until parallel with the boundary.\n(2) Unless the context otherwise requires, where a term is used, but not defined, in this local law, and\nthat term is defined in the Road Traffic Act or in the Code, then the term shall have the meaning\ngiven to it in that Act or the Code.\n1.6 Application and pre-existing signs\n(1) Subject to subclause (2), this local law applies to the parking region.\n(2) This local law does not apply to a parking facility or a parking station that is not occupied by the\nlocal government, unless the local government and the owner or occupier of that facility or station\nhave agreed in writing that this local law will apply to that facility or station.\n(3) The agreement referred to in subclause (2) may be made on such terms and conditions as the\nparties may agree.\n(4) A sign that—\n(a) was erected by the local government or the Commissioner of Main Roads prior to the coming\ninto operation of this local law; and\n(b) relates to the parking of vehicles within the parking region, shall be deemed for the purposes\nof this local law to have been erected by the local government under the authority of this local\nlaw.\n(5) An inscription or symbol on a sign referred to in subclause (5) operates and has effect according to\nits tenor, and where the inscription or symbol relates to the stopping of vehicles, it shall be deemed\nfor the purposes of this local law to operate and have effect as if it related to the parking of vehicles.\n(6) The provisions of Parts 2, 3, and 4 do not apply to a bicycle parked at a bicycle rail or bicycle rack.\n1.7 Classes of vehicles\nFor the purpose of this local law, vehicles are divided into classes as follows—\n(a) buses;\n(b) commercial vehicles;\n(c) motorcycles and bicycles;\n(d) taxis; and\n(e) all other vehicles.\n1.8 Part of thoroughfare to which sign applies\nWhere under this local law the parking of vehicles in a thoroughfare is controlled by a sign, the sign\nshall be read as applying to that part of the thoroughfare which—\n(a) lies beyond the sign;\n(b) lies between the sign and the next sign beyond that sign; and\n(c) is on that side of the thoroughfare nearest to the sign.\n1.9 Powers of the local government\nThe local government may, by resolution, prohibit or regulate by signs or otherwise, the stopping or\nparking of any vehicle or any class of vehicles in any part of the parking region but must do so\nconsistently with the provisions of this local law.\nPART 2—PARKING STALLS\n2.1 Determination of parking stalls\n(1) The local government may by resolution constitute, determine and vary—\n(a) parking stalls;\n\n","sortOrder":74},{"sectionNumber":"2130","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2130 GOVERNMENT GAZETTE, WA 12 April 2017\n(b) permitted time and conditions of parking in parking stalls which may vary with the locality;\n(c) permitted classes of vehicles which may park in parking stalls;\n(d) permitted classes of persons who may park in specified parking stalls; and\n(e) the manner of parking in parking stalls.\n(2) Where the local government makes a determination under subclause (1) it shall erect signs to give\neffect to the determination.\n2.2 Vehicles to be within parking stall on thoroughfare\n(1) Subject to subclause (2), (3) and (4), a person shall not park a vehicle in a parking stall in a\nthoroughfare otherwise than—\n(a) parallel to and as close to the kerb as is practicable;\n(b) wholly within the stall; and\n(c) headed in the direction of the movement of traffic on the side of the thoroughfare in which the\nstall is situated.\n(2) Subject to subclause (3), where a parking stall in a thoroughfare is set out otherwise than parallel\nto the kerb, then a person must park a vehicle in that stall wholly within it.\n(3) If a vehicle is too long or too wide to fit completely within a single parking stall then the person\nparking the vehicle shall do so within the minimum number of parking stalls needed to park that\nvehicle.\n(4) A person shall not park a vehicle partly within and partly outside a parking area.\n2.3 Parking prohibitions and restrictions\n(a) park a vehicle so as to obstruct an entrance to, or an exit from a parking station, or an access\nway within a parking station;\n(b) except with the permission of the local government or an authorised person park a vehicle on\nany part of a parking station contrary to a sign referable to that part;\n(c) permit a vehicle to park on any part of a parking station, if an authorised person directs the\ndriver of such vehicle to move the vehicle; or\n(d) park or attempt to park a vehicle in a parking stall in which another vehicle is parked, but\nthis paragraph does not prevent the parking of a motorcycle and a bicycle together in a stall\nmarked “M/C”, if the bicycle is parked in accordance with subclause (2).\n(2) No person shall park any bicycle—\n(a) in a parking stall other than in a stall marked “M/C”; and\n(b) in such stall other than against the kerb.\n(3) Notwithstanding the provisions of subclause (1)(b) a driver may park a vehicle in a permissive\nparking stall or station (except in a permit parking area) for twice the length of time allowed,\nprovided that—\n(a) the driver’s vehicle displays a disability parking permit; and\n(b) a person with a disability to which that disability parking permit relates is either the driver\nof or a passenger in the vehicle.\nPART 3—PARKING GENERALLY\n3.1 Restrictions on parking in particular areas\n(1) Subject to subclause (2), a person shall not park a vehicle in a thoroughfare or part of a\nthoroughfare, or part of a parking station—\n(a) if by a sign it is set apart for the parking of vehicles of a different class;\n(b) if by a sign it is set apart for the parking of vehicles by persons of a different class; or\n(c) during any period when the parking of vehicles is prohibited by a sign.\n(2) (a) This subclause applies to a driver if—\n(i) the driver’s vehicle displays a disability parking permit; and\n(ii) a person with a disability to which the disability parking permit relates is either the\ndriver of the vehicle or a passenger in the vehicle.\n(b) The driver may park a vehicle in a thoroughfare or a part of a thoroughfare or part of a\nparking station, except in a thoroughfare or a part of a thoroughfare or part of a parking\nstation to which a disabled parking sign relates for twice the period indicated on the sign.\n(3) A person shall not park a vehicle—\n(a) in a no parking area;\n(b) in a parking area, except in accordance with both the signs associated with the parking area\nand with this local law; or\n(c) in a stall marked “M/C” unless it is a motorcycle without a sidecar or a trailer, or it is a\nbicycle.\n(4) A person shall not park a motorcycle without a sidecar or a trailer, or a bicycle in a parking stall\nunless the stall is marked “M/C”.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2131\n(5) A person shall not, without the prior permission of the local government, the CEO, or an\nauthorised person, park a vehicle in an area designated by a sign stating “Authorised Vehicles Only”.\n3.2 Parking vehicle on a carriageway\n(1) A person parking a vehicle on a carriageway other than in a parking stall shall park it—\n(a) in the case of a two-way carriageway, so that it is as near as practicable to and parallel with,\nthe left boundary of the carriageway and headed in the direction of the movement of traffic on\nthe side of the thoroughfare on which the vehicle is parked;\n(b) in the case of a one-way carriageway, so that it is as near as practicable to and parallel with\neither boundary of the carriageway and headed in the direction of the movement of traffic on\nthe side of the thoroughfare on which the vehicle is parked;\n(c) so that at least 3 metres of the width of the carriageway lies between the vehicle and the\nfarther boundary of the carriageway, or any continuous line or median strip, or between the\nvehicle and a vehicle parked on the farther side of the carriageway;\n(d) so that the front and the rear of the vehicle respectively is not less than 1 metre from any\nother vehicle, except a motorcycle without a trailer, or a bicycle parked in accordance with\nthis local law; and\n(e) so that it does not obstruct any vehicle on the carriageway,\nunless otherwise indicated on a parking regulation sign or markings on the roadway.\n(2) In this clause, continuous dividing line means—\n(a) a single continuous dividing line only;\n(b) a single continuous dividing line to the left or right of a broken dividing line; or\n(c) 2 parallel continuous dividing lines.\n3.3 When parallel and right-angled parking apply\nWhere a traffic sign associated with a parking area is not inscribed with the words “angle parking”, or\nwith an equivalent symbol depicting this purpose, then unless a sign associated with the parking area\nindicates, or marks on the carriageway indicate, that vehicles have to park in a different position,\nwhere the parking area is—\n(a) adjacent to the boundary of a carriageway, a person parking a vehicle in the parking area\nshall park it as near as practicable to and parallel with that boundary; and\n(b) at or near the centre of the carriageway, a person parking a vehicle in that parking area shall\npark it at approximately right angles to the centre of the carriageway.\n3.4 When angle parking applies\n(1) This clause does not apply to—\n(a) a passenger vehicle or a commercial vehicle with a mass including any load, of over 3 tonnes;\nor\n(b) a person parking either a motorcycle without a trailer or a bicycle.\n(2) Where a sign associated with a parking area is inscribed with the words “angle parking” (or with\nan equivalent symbol depicting this purpose), a person parking a vehicle in the area shall park the\nvehicle at an angle of approximately 45 degrees to the centre of the carriageway unless otherwise\nindicated by the inscription on the parking sign or by marks on the carriageway.\n3.5 General prohibitions on parking\n(1) This clause does not apply to a vehicle parked in a parking stall nor to a bicycle in a bicycle rack;\nor\n(2) Subclauses (2)(c), (e) and (g) do not apply to a vehicle which parks in a bus embayment.\n(3) Subject to any law relating to intersections with traffic control signals a person shall not park a\nvehicle so that any portion of the vehicle is—\n(a) between any other stationary vehicles and the centre of the carriageway;\n(b) on or adjacent to a median strip;\n(c) obstructing a right of way, private drive or carriageway or so close as to deny a vehicle\nreasonable access to or egress from the right of way, private drive or carriageway;\n(d) alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the\ncarriageway, if the vehicle would obstruct traffic;\n(e) on or within 10 metres of any portion of a carriageway bounded by a traffic island;\n(f) on any footpath or pedestrian crossing;\n(g) between the boundaries of a carriageway and any double longitudinal line consisting of 2\ncontinuous lines or between a double longitudinal line consisting of a continuous line and a\nbroken or dotted line and the boundary of a carriageway nearer to the continuous line, unless\nthere is a distance of at least 3 metres clear between the vehicle and the double longitudinal\nline;\n(h) on an intersection, except adjacent to a carriageway boundary that is not broken by an\nintersecting carriageway;\n(i) within 1 metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of\na fire hydrant or fire plug;\n\n","sortOrder":75},{"sectionNumber":"2132","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2132 GOVERNMENT GAZETTE, WA 12 April 2017\n(j) within 3 metres of a public letter box, unless the vehicle is being used for the purposes of\ncollecting postal articles from the letter box; or\n(k) within 10 metres of the nearer property line of any thoroughfare intersecting the\nthoroughfare on the side on which the vehicle is parked,\nunless a sign or markings on the carriageway indicate otherwise.\n(4) A person shall not park a vehicle so that any portion of the vehicle is within 10 metres of the\ndeparture side of—\n(a) a sign inscribed with the words “Bus Stop” or “Hail Bus Here” (or with equivalent symbols\ndepicting these purposes) unless the vehicle is a bus stopped to take up or set down\npassengers; or\n(b) a children’s crossing or pedestrian crossing.\n(5) A person shall not park a vehicle so that any portion of the vehicle is within 20 metres of the\napproach side of—\n(a) a sign inscribed with the words “Bus Stop” or “Hail Bus Here” (or with equivalent symbols\ndepicting these purposes) unless the vehicle is a bus stopped to take up or set down\npassengers; or\n(b) a children’s crossing or pedestrian crossing.\n(6) A person shall not park a vehicle so that any portion of the vehicle is within 20 metres of either\nthe approach side or the departure side of the nearest rail of a railway level crossing.\n3.6 Authorised person may order vehicle on thoroughfare to be moved\nThe driver of a vehicle shall not park that vehicle on any part of a thoroughfare in contravention of\nthis local law after an authorised person has directed the driver to move it.\n3.7 Authorised person may mark tyres\n(1) An authorised person may mark the tyres of a vehicle parked in a parking facility with chalk or\nany other non-indelible substance for a purpose connected with or arising out of his or her duties or\npowers.\n(2) A person shall not remove a mark made by an authorised person so that the purpose of the\naffixing of such a mark is defeated or likely to be defeated.\n3.8 No movement of vehicles to avoid time limitation\n(1) Where the parking of vehicles in a parking facility is permitted for a limited time, a person shall\nnot move a vehicle within the parking facility so that the total time of parking exceeds the maximum\ntime allowed for parking in the parking facility.\n(2) Where the parking of vehicles in a thoroughfare is permitted for a limited time, a person shall not\nmove a vehicle along that thoroughfare so that the total time of parking exceeds the maximum time\npermitted, unless the vehicle has first been removed from the thoroughfare for at least 2 hours.\n3.9 No parking of vehicles exposed for sale and in other circumstances\nA person shall not park a vehicle on any portion of a thoroughfare—\n(a) for the purpose of exposing it for sale;\n(b) if that vehicle is not licensed under the Road Traffic Act;\n(c) if that vehicle is a trailer or a caravan unattached to a motor vehicle; or\n(d) for the purpose of effecting repairs to it, other than the minimum repairs necessary to enable\nthe vehicle to be moved to a place other than a thoroughfare.\n3.10 Parking on private land\n(1) In this clause a reference to “land” does not include land—\nAct 1997;\n(c) which is an “otherwise unvested facility” within section 3.53 of the Act;\n(d) which is the subject of an agreement referred to in clause 1.5(2); or\n(e) which is identified in Schedule 4.\n(2) A person shall not park a vehicle on land without the consent of the owner or occupier of the land\non which the vehicle is parked.\n(3) Where the owner or occupier of the land, by a sign referable to that land or otherwise, consents to\nthe parking of vehicles of a specified class or classes on the land for a limited period, a person shall\nnot park a vehicle on the land otherwise than in accordance with the consent.\n3.11 Parking on reserves\nNo person other than an employee of the local government in the course of his or her duties or a\nperson authorised by the local government shall drive or park a vehicle upon or over any portion of a\nreserve other than upon an area specifically set aside for that purpose.\n3.12 Suspension of parking limitations for urgent, essential or official duties\n(1) Where by a sign the parking of vehicles is permitted for a limited time on a portion of a\nthoroughfare or parking facility, the local government, the CEO or an authorised person may, subject\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2133\nto the Code, permit a person to park a vehicle in that portion of the thoroughfare or parking facility\nfor longer than the permitted time in order that the person may carry out urgent, essential or official\nduties.\n(2) Where permission is granted under subclause (1), the local government, the CEO or an authorised\nperson may prohibit the use by any other vehicle of that portion of the thoroughfare or parking\nfacility to which the permission relates, for the duration of that permission.\nPART 4—PARKING AND STOPPING GENERALLY\n4.1 No stopping and no parking signs, and yellow edge lines\n(1) A driver shall not stop on a length of carriageway, or in an area, to which a “no stopping” sign\napplies.\n(2) A driver shall not stop on a length of carriageway or in an area to which a “no parking” sign\napplies, unless the driver is—\n(a) dropping off, or picking up, passengers or goods;\n(b) does not leave the vehicle unattended; and\n(c) completes the dropping off, or picking up, of the passengers or goods within 2 minutes of\nstopping and drives on.\nunattended, in relation to a vehicle, means that the driver has left the vehicle so that the driver\nis more than 3 metres from the closest point of the vehicle.\n(3) A driver shall not stop at the side of a carriageway marked with a continuous yellow edge line.\nPART 5—STOPPING IN ZONES FOR PARTICULAR VEHICLES\n5.1 Stopping in a loading zone\nA person shall not stop a vehicle in a loading zone unless it is—\n(a) a motor vehicle used for commercial or trade purposes engaged in the picking up or setting\ndown of goods; or\n(b) a motor vehicle taking up or setting down passengers,\nbut, in any event, shall not remain in that loading zone—\n(c) for longer than a time indicated on the “loading zone” sign; or\n(d) longer than 30 minutes, if no time is indicated on the sign.\n5.2 Stopping in a taxi zone or a bus zone\n(1) A driver shall not stop in a taxi zone, unless the driver is driving a taxi.\n(2) A driver shall not stop in a bus zone unless the driver is driving a public bus, or a bus of a type\nthat is permitted to stop at the bus zone by information on or with the “bus zone” sign applying to the\nbus zone.\n5.3 Stopping in a mail zone\nA person shall not stop a vehicle in a mail zone.\n5.4 Other limitations in zones\nA person shall not stop a vehicle in a zone to which a traffic sign applies if stopping the vehicle would\nbe contrary to any limitation in respect to classes of persons or vehicles, or specific activities allowed,\nas indicated by additional words on a traffic sign that applies to the zone.\nPART 6—OTHER PLACES WHERE STOPPING IS RESTRICTED\n6.1 Stopping in a shared zone\nA driver shall not stop in a shared zone unless—\n(a) the driver stops at a place on a length of carriageway, or in an area, to which a parking\ncontrol sign applies and the driver is permitted to stop at that place under this local law;\n(b) the driver stops in a parking bay and the driver is permitted to stop in the parking bay under\nthis local law;\n(c) the driver is dropping off, or picking up, passengers or goods; or\n(d) the driver is engaged in door-to-door delivery or collection of goods, or in the collection of\nwaste or garbage.\n6.2 Double parking\n(1) A driver shall not stop a vehicle so that any portion of the vehicle is between any other stopped\nvehicle and the centre of the carriageway.\n(2) This clause does not apply to—\n(a) a driver stopped in traffic; or\n(b) a driver angle parking on the side of the carriageway or in a median strip parking area, in\naccordance with this local law.\n\n","sortOrder":76},{"sectionNumber":"2134","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2134 GOVERNMENT GAZETTE, WA 12 April 2017\n6.3 Stopping near an obstruction\nA driver shall not stop on a carriageway near an obstruction on the carriageway in a position that\nfurther obstructs traffic on the carriageway.\n6.4 Stopping on a bridge or in a tunnel, etc.\n(1) A driver shall not stop a vehicle on a bridge, causeway, ramp or similar structure unless—\n(a) the carriageway is at least as wide on the structure as it is on each of the approaches and a\ntraffic sign does not prohibit stopping or parking; or\n(b) the driver stops at a place on a length of carriageway, or in an area, to which a parking\ncontrol sign applies and the driver is permitted to stop at that place under this local law.\n(2) A driver shall not stop a vehicle in a tunnel or underpass unless—\n(a) the carriageway is at least as wide in the tunnel or underpass as it is on each of the\napproaches and a traffic sign does not prohibit stopping or parking; or\n(b) the driver of a motor vehicle stops at a bus stop, or in a bus zone or parking area marked on\nthe carriageway, for the purpose of setting down or taking up passengers.\n6.5 Stopping on crests, curves, etc.\n(1) Subject to subclause (2), a driver shall not stop a vehicle on, or partly on, a carriageway, in any\nposition where it is not visible to the driver of an overtaking vehicle, from a distance of 50 metres\nwithin a built-up area, and from a distance of 150 metres outside a built-up area.\n(2) A driver may stop on a crest or curve on a carriageway that is not in a built-up area if the driver\nstops at a place on the carriageway, or in an area, to which a parking control sign applies and the\ndriver is permitted to stop at that place under this local law.\n6.6 Stopping near a fire hydrant etc.\n(1) A driver shall not stop a vehicle so that any portion of the vehicle is within 1 metre of a fire\nhydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug,\n(a) the driver is driving a public bus, and the driver stops in a bus zone or at a bus stop and does\nnot leave the bus unattended; or\n(b) the driver is driving a taxi, and the driver stops in a taxi zone and does not leave the taxi\nunattended.\nunattended, in relation to a vehicle, means that the driver has left the vehicle so that the driver\nis over 3 metres from the closest point of the vehicle.\n6.7 Stopping at or near a bus stop\n(1) A driver shall not stop a vehicle so that any portion of the vehicle is within 20 metres of the\napproach side of a bus stop, or within 10 metres of the departure side of a bus stop, unless—\n(a) the vehicle is a public bus stopped to take up or set down passengers; or\n(b) the driver stops at a place on a length of carriageway, or in an area, to which a parking\ncontrol sign applies and the driver is permitted to stop at that place under this local law.\n(a) distances are measured in the direction in which the driver is driving; and\n(b) a trailer attached to a public bus is deemed to be a part of the public bus.\n6.8 Stopping on a path, median strip, or traffic island\nThe driver of a vehicle (other than a bicycle or an animal) shall not stop so that any portion of the\nvehicle is on a path, traffic island or median strip, unless the driver stops in an area, to which a\nparking control sign applies and the driver is permitted to stop at that place under this local law.\n6.9 Stopping on verge\n(a) stop a vehicle, other than a bicycle;\n(b) stop a commercial vehicle or bus, or a trailer or caravan unattached to a motor vehicle; or\n(c) stop a vehicle during any period when the stopping of vehicles on that verge is prohibited by a\nsign adjacent and referable to that verge,\nso that any portion of it is on a verge.\n(2) Subclause (1)(a) does not apply to the person if he or she is the owner or occupier of the premises\nadjacent to that verge, or is a person authorised by the occupier of those premises to stop the vehicle\nso that any portion of it is on the verge.\n(3) Subclause (1)(b) does not apply to a commercial vehicle when it is being loaded or unloaded with\nreasonable expedition with goods, merchandise or materials collected from or delivered to the\npremises adjacent to the portion of the verge on which the commercial vehicle is parked, provided no\nobstruction is caused to the passage of any vehicle or person using a carriageway or a path.\n6.10 Obstructing access to and from a path, driveway, etc.\n(1) A driver shall not stop a vehicle so that any portion of the vehicle is in front of a path, in a position\nthat obstructs access by vehicles or pedestrians to or from that path, unless—\n(a) the driver is dropping off, or picking up, passengers; or\n(b) the driver stops in a parking stall and the driver is permitted to stop in the parking stall\nunder this local law.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2135\n(2) A driver shall not stop a vehicle on or across a driveway or other way of access for vehicles\ntravelling to or from adjacent land, unless—\n(a) the driver is dropping off, or picking up, passengers; or\n(b) the driver stops in a parking stall and the driver is permitted to stop in the parking stall\nunder this local law.\n6.11 Stopping near a letter box\nA driver shall not stop a vehicle so that any portion of the vehicle is within 3 metres of a public letter\nbox, unless the driver—\n(a) is dropping off, or picking up, passengers or mail; or\n(b) stops at a place on a length of carriageway, or in an area, to which a parking control sign\napplies and the driver is permitted to stop at that place under this local law.\n6.12 Stopping on a carriageway—heavy and long vehicles\n(1) A person shall not park a vehicle or any combination of vehicles that, together with any projection\non, or load carried by, the vehicle or combination of vehicles, is 7.5 metres or more in length or\nexceeds a GVM of 4.5 tonnes—\n(a) on a carriageway in a built-up area, for any period exceeding 1 hour, unless engaged in the\npicking up or setting down of goods; or\n(b) on a carriageway outside a built-up area, except on the shoulder of the carriageway, or in a\ntruck bay or other area set aside for the parking of goods vehicles.\n(2) Nothing in this clause mitigates the limitations or condition imposed by any other clause or by any\nlocal law or traffic sign relating to the parking or stopping of vehicles.\n6.13 Stopping on a carriageway with a bicycle parking sign\nThe driver of a vehicle, other than a bicycle, shall not stop on a length of carriageway to which a\n“bicycle parking” sign applies, unless the driver is dropping off, or picking up, passengers.\n6.14 Stopping on a carriageway with motorcycle parking sign\nThe driver of a vehicle shall not stop on a length of carriageway, or in an area, to which a “motorcycle\nparking” sign applies, or an area marked “M/C” unless—\n(a) the vehicle is a motorcycle; or\n(b) the driver is dropping off, or picking up, passengers.\nPART 7—MISCELLANEOUS\n7.1 Removal of notices on vehicle\nA person, other than the driver of the vehicle or a person acting under the direction of the driver of\nthe vehicle, shall not remove from the vehicle any notice put on the vehicle by an authorised person.\n7.2 Unauthorised signs and defacing of signs\nA person shall not without the authority of the local government—\n(a) mark, set up or exhibit a sign purporting to be or resembling a sign marked, set up or\nexhibited by the local government under this local law;\n(b) remove, deface or misuse a sign or property, set up or exhibited by the local government\nunder this local law or attempt to do any such act; or\n(c) affix a board, sign, placard, notice or other thing to or paint or write upon any part of a sign\nset up or exhibited by the local government under this local law.\n7.3 Signs must be complied with\nAn inscription or symbol on a sign operates and has effect according to its tenor and a person\ncontravening the direction on a sign commits an offence under this local law.\n7.4 General provisions about signs\n(1) A sign marked, erected, set up, established or displayed on or near a thoroughfare is, in the\nabsence of evidence to the contrary, presumed to be a sign marked, erected, set up, established or\ndisplayed under the authority of this local law.\n(2) The first 3 letters of any day of the week when used on a sign indicate that day of the week.\n7.5 Special purpose and emergency vehicles\nNotwithstanding anything to the contrary in this local law, the driver of—\n(a) a special purpose vehicle may, only in the course of his or her duties and when it is expedient\nand safe to do so, stop, or park the vehicle in any place, at any time; and\n(b) an emergency vehicle may, in the course of his or her duties and when it is expedient and safe\nto do so or where he or she honestly and reasonably believes that it is expedient and safe to\ndo so, stop, or park the vehicle at any place, at any time.\n\n","sortOrder":77},{"sectionNumber":"2136","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2136 GOVERNMENT GAZETTE, WA 12 April 2017\n7.6 Vehicles not to obstruct a public place\n(1) A person shall not leave a vehicle, or any part of a vehicle, in a public place so that it obstructs the\nuse of any part of that public place without the permission of the local government or unless\nauthorised under any written law.\n(2) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding 24\nhours.\nPART 8—PENALTIES\n8.1 Offences and penalties\n(2) An offence against any provision of this local law is a prescribed offence for the purposes of section\n9.16(1) of the Act.\n(3)Any person who commits an offence under this local law shall be liable, upon conviction, to a\npenalty not exceeding $1,000, and if the offence is of a continuing nature, to an additional penalty not\nexceeding $100 for each day or part of a day during which the offence has continued.\n(4) The amount appearing in the final column of Schedule 2 directly opposite a clause specified in that\nSchedule is the modified penalty for an offence against that clause.\n8.2 Form of notices\n(a) the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of\nthe Local Government (Functions and General) Regulations 1996;\n(b) the form of the infringement notice referred to in section 9.17 of the Act is that of Form 2 in\nSchedule 1 of the Local Government (Functions and General) Regulations 1996; and\n(c) the form of the infringement withdrawal notice referred to in section 9.20 of the Act is that of\nForm 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996.\n————\nPARKING REGION\n[Cl 1.6]\nThe parking region is the whole of the district, but excludes the following portions of the district—\n1. the approach and departure prohibition areas of all existing and future traffic control signal\ninstallations as determined by the Commissioner of Main Roads;\n2. prohibition areas applicable to all existing and future bridges and subways as determined by\nthe Commissioner of Main Roads; and\n3. any road which comes under the control of the Commissioner of Main Roads unless the\ncontrol of parking and parking facilities on that road is carried out subject to the control and\ndirection of the Commissioner of Main Roads or has been delegated by the Commissioner to\nthe local government.\n————\n[Cl 8.1]\nItem\nNo.\n$\n1 2.2 Failure to park wholly within parking stall 40\n2 2.2(4) Failure to park wholly within parking area 40\n3 2.3(1)(a) Causing obstruction in parking station 50\n4 2.3(1)(b) Parking contrary to sign in parking station 50\n5 2.3(1)(c) Parking contrary to directions of authorised person 50\n6 2.3(1)(d) Parking or attempting to park a vehicle in a parking stall\noccupied by another vehicle 40\n7 3.1(1)(a) Parking wrong class of vehicle 40\n8 3.1(1)(b) Parking by persons of a different class 45\n9 3.1(1)(c) Parking during prohibited period 45\n10 3.1(3)(a) Parking in no parking area 50\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2137\nItem\nNo.\n$\n11 3.1(3)(b) Parking contrary to signs or limitations 40\n12 3.1(3)(c) Parking vehicle in motorcycle only area 40\n13 3.1(4) Parking motorcycle in stall not marked “M/C” 40\n14 3.1(5) Parking without permission in an area designated for\n“Authorised Vehicles Only” 45\n15 3.2(1)(a) Failure to park on the left of two-way carriageway 40\n16 3.2(1)(b) Failure to park on boundary of one-way carriageway 40\n17 3.2(1)(a) or\n3.2(1)(b)\nParking against the flow of traffic\n18 3.2(1)(c) Parking when distance from farther boundary less than 3\nmetres 45\n19 3.2(1)(d) Parking closer than 1 metre from another vehicle 40\n20 3.2(1)(e) Causing obstruction on a carriageway 50\n21 3.3(b) Failure to park at approximate right angle 40\n22 3.4(2) Failure to park at an appropriate angle 40\n23 3.5(3)(a)\nand 6.2\nDouble parking 45\n24 3.5(3)(b) Parking on or adjacent to a median strip 40\n25 3.5(3)(c) Denying access to private drive or right of way 45\n26 3.5(3)(d) Parking beside excavation or obstruction so as to obstruct\ntraffic 50\n27 3.5(3)(e) Parking within 10 metres of traffic island 45\n28 3.5(3)(f) Parking on footpath or pedestrian crossing 50\n29 3.5(3)(g) Parking contrary to continuous line markings 45\n30 3.5(3)(h) Parking on intersection 45\n31 3.5(3)(i) Parking within 1 metre of fire hydrant or fire plug 50\n32 3.5(3)(j) Parking within 3 metres of public letter box 45\n33 3.5(2)(k) Parking within 10 metres of intersection 45\n34 3.5(4)(a) or\n(b)\nParking vehicle within 10 metres of departure side of bus\nstop, children’s crossing or pedestrian crossing 50\n35 3.5(5)(a) or\n(b)\nParking vehicle within 20 metres of approach side of bus\nstop, children’s crossing or pedestrian crossing 50\n36 3.5(6) Parking vehicle within 20 metres of approach side or\ndeparture side of railway level crossing 50\n37 3.6 Parking contrary to direction of authorised person 50\n38 3.7(2) Removing mark of authorised person 55\n39 3.8 Moving vehicle to avoid time limitation 40\n40 3.9(a) Parking in thoroughfare for purpose of sale 40\n41 3.9(b) Parking unlicensed vehicle in thoroughfare 40\n42 3.9(c) Parking a trailer or a caravan on a thoroughfare 40\n43 3.9(d) Parking in thoroughfare for purpose of repairs 40\n44 3.10(2) Parking on land that is not a parking facility without consent 55\n45 3.10(3) Parking on land not in accordance with consent 40\n46 3.11 Driving or parking on reserve 40\n47 4.1(1) Stopping contrary to a “no stopping” sign 40\n48 4.1(2) Parking contrary to a “no parking” sign 40\n49 4.1(3) Stopping within continuous yellow lines 40\n50 5.1 Stopping unlawfully in a loading zone 40\n51 5.2 Stopping unlawfully in a taxi zone or bus zone 40\n52 5.3 Stopping unlawfully in a mail zone 40\n53 5.4 Stopping in a zone contrary to a sign 40\n54 6.1 Stopping in a shared zone 40\n55 6.3 Stopping near an obstruction 45\n56 6.4 Stopping on a bridge or tunnel 40\n57 6.5 Stopping on crests, curves etc. 55\n\n","sortOrder":78},{"sectionNumber":"2138","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2138 GOVERNMENT GAZETTE, WA 12 April 2017\nItem\nNo.\n$\n58 6.6 Stopping near fire hydrant or fire plug 55\n59 6.7 Stopping near bus stop 45\n60 6.8 Stopping on path, median strip or traffic island 40\n61 6.9 Stopping on verge 40\n62 6.10 Obstructing path, driveway etc. 40\n63 6.11 Stopping near letter box 40\n64 6.12 Stopping heavy or long vehicles on carriageway 45\n65 6.13 Stopping in bicycle parking area 40\n66 6.14 Stopping in motorcycle parking area 40\n67 7.6 Leaving vehicle so as to obstruct a public place 50\n68 8.1(1) All other offences not specified 35\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2139\n1.3 Application and intent\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 President can act\n4.3 Who acts if no President\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\n\n","sortOrder":79},{"sectionNumber":"2140","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2140 GOVERNMENT GAZETTE, WA 12 April 2017\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 New business of an urgent nature\n5.5 Adoption by exception resolution\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 Distinguished visitors\n6.9 Deputations\n6.10 Petitions\n6.11 Presentations\n6.12 Participation at committee meetings\n6.13 Council may meet to hear public submissions\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—QUESTIONS BY MEMBERS\n7.1 Questions by Members of which due notice has been given\nPART 8—CONDUCT OF MEMBERS\n8.1 Members to occupy own seats\n8.2 Respect to the Presiding Member\n8.3 Titles to be used\n8.4 Advice of entry or departure\n8.5 Members to indicate their intention to speak and to rise when speaking\n8.6 Priority of speaking\n8.7 Presiding Member may take part in debates\n8.8 Relevance\n8.9 Speaking twice\n8.10 Duration of speeches\n8.11 No speaking after conclusion of debate\n8.12 No interruption\n8.13 Personal explanations\n8.14 No reopening of discussion\n8.15 Adverse reflection\n8.16 Withdrawal of offensive language\nPART 9—PRESERVING ORDER\n9.1 Presiding Member to preserve order\n9.2 Point of order\n9.3 Procedures on a point of order\n9.4 Calling attention to breach\n9.5 Ruling by the Presiding Member\n9.6 Continued breach of order\n9.7 Right of Presiding Member to adjourn\nPART 10—DEBATE OF SUBSTANTIVE MOTIONS\n10.1 Motions to be stated and in writing\n10.2 Motions to be supported\n10.3 Unopposed business\n10.4 Only one substantive motion at a time\n10.5 Order of call in debate\n10.6 Limit of debate\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2141\n10.7 Member may require question to be read\n10.8 Consent of seconder required for alteration\n10.9 Order of amendments\n10.10 Form of an amendment\n10.11 Amendment must not negate original motion\n10.12 Relevance of amendments\n10.13 Mover of motion may speak on amendment\n10.14 Effect of an amendment\n10.15 Withdrawal of motion or amendment\n10.16 Right of reply\nPART 11—PROCEDURAL MOTIONS\n11.1 Permissible procedural motions\n11.2 No debate\n11.3 Who may move\n11.4 Procedural motions—right of reply on substantive motion\n11.5 Meeting to proceed to the next business\n11.6 Debate to be adjourned\n11.7 Meeting now adjourn\n11.8 Question to be put\n11.9 Member to be no longer heard\n11.10 Ruling of the Presiding Member to be disagreed with\n","sortOrder":80},{"sectionNumber":"Part 12","sectionType":"part","heading":"DISCLOSURE OF INTERESTS","content":"PART 12—DISCLOSURE OF INTERESTS\n12.1 Disclosure of interests\n","sortOrder":81},{"sectionNumber":"Part 13","sectionType":"part","heading":"VOTING","content":"PART 13—VOTING\n13.1 Question—when put\n13.2 Voting\n13.3 Majorities required for decisions\n13.4 Method of taking vote\n","sortOrder":82},{"sectionNumber":"Part 14","sectionType":"part","heading":"MINUTES OF MEETINGS","content":"PART 14—MINUTES OF MEETINGS\n14.1 Keeping of minutes\n14.2 Content of minutes\n14.3 Public inspection of unconfirmed minutes\n14.4 Confirmation of minutes\n","sortOrder":83},{"sectionNumber":"Part 15","sectionType":"part","heading":"ADJOURNMENT OF MEETING","content":"PART 15—ADJOURNMENT OF MEETING\n15.1 Meeting may be adjourned\n15.2 Effect of adjournment\n","sortOrder":84},{"sectionNumber":"Part 16","sectionType":"part","heading":"REVOKING OR CHANGING DECISIONS","content":"PART 16—REVOKING OR CHANGING DECISIONS\n16.1 Requirements to revoke or change decisions\n16.2 Limitations on powers to revoke or change decisions\n16.3 Implementing a decision\n","sortOrder":85},{"sectionNumber":"Part 17","sectionType":"part","heading":"SUSPENSION OF LOCAL LAW","content":"PART 17—SUSPENSION OF LOCAL LAW\n17.1 Suspension of local law\n17.2 Where local laws do not apply\n17.3 Cases not provided for in local law\n","sortOrder":86},{"sectionNumber":"Part 18","sectionType":"part","heading":"MEETINGS OF ELECTORS","content":"PART 18—MEETINGS OF ELECTORS\n18.1 Electors’ general meetings\n18.2 Matters for discussion at general electors’ meeting\n18.3 Electors’ special meetings\n18.4 Requests for electors’ special meetings\n18.5 Convening electors’ meetings\n18.6 Who presides at electors’ meetings\n18.7 Procedure for electors’ meetings\n18.8 Participation of non-electors\n18.9 Voting at electors’ meetings\n\n","sortOrder":87},{"sectionNumber":"2142","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2142 GOVERNMENT GAZETTE, WA 12 April 2017\n18.10 Minutes of electors’ meetings\n18.11 Decisions made at electors’ meetings\n","sortOrder":88},{"sectionNumber":"Part 19","sectionType":"part","heading":"ENFORCEMENT","content":"PART 19—ENFORCEMENT\n19.1 Penalty for breach\n19.2 Who can prosecute\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2143\nUnder the powers conferred by the Local Government Act 1995 and under all other relevant powers,\nthe Shire of Harvey resolved on 31 January 2017 to make the following local law.\nThis local law may be cited as the Shire of Harvey Standing Orders Local Law 2017.\nThis local law comes into operation 14 days after the date of publication in the Government Gazette.\n1.3 Application and intent\n(1) This local law provides rules which apply to the conduct of meetings of the Council and its\ncommittees and to meetings of electors.\n(2) All meetings are to be conducted in accordance with the Act, the Regulations and this local law.\n(3) 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.\n(1) 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;\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 Shire of Harvey;\nPresident means the President of the local government or other Presiding Member at a Council\nmeeting under section 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;\noriginal motion means the motion that first introduces a proposal to be considered at a meeting;\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\nthe Act;\nprocedural motion means a motion employed to control the conduct of a meeting;\nRegulations means the Local Government (Administration) Regulations 1996;\nsimple majority means more than 50% of the members present and voting;\nspecial majority is dealt with in the Act; and\nsubstantive motion means an original motion or an original motion as amended, but does not\ninclude an amendment or a procedural motion.\n\n","sortOrder":89},{"sectionNumber":"2144","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2144 GOVERNMENT GAZETTE, WA 12 April 2017\n(2) Unless otherwise defined in this local law, the terms and expressions used in this local law are to\nhave the meaning given to them in the Act and Regulations.\nThe Shire of Harvey Standing Orders Local Law as published in the Government Gazette on 2\nNovember 2001 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.\n(3) This local law is to apply to the conduct of committee meetings.\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 register 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 the Council held on a monthly basis or otherwise as determined by the\nCouncil, is for the purpose of considering and dealing with the ordinary business of the Council.\n(3) A special meeting of the 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 President 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 President, the Presiding\nMember of a committee or any 2 members of that committee.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2145\n3.5 Public notice of meetings\nPublic notice of meetings is dealt with in the Regulations.\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 President can act\nWhen the Deputy President can act is dealt with in the Act.\n4.3 Who acts if no President\nWho acts if there is no President 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,\nthe names of the Members then present are to be recorded in the minutes.\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 the Council other than that specified in\nthe agenda, without the approval of the Presiding Member or the Council.\n(2) No business is to be transacted at a special meeting of the Council other than that given in the\nnotice as the purpose of the meeting.\n(3) Subject to subclause (4), no business is to be transacted at an adjourned meeting of the Council\nother than 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 the Council then, unless the Council\nresolves otherwise, the business unresolved at the adjourned meeting is to be dealt with before\nconsidering Reports at that ordinary meeting.\n5.2 Order of business\n(1) Unless otherwise decided by the Council the order of business at any ordinary meeting of the\nCouncil is to be determined by the Council from time to time.\n\n","sortOrder":90},{"sectionNumber":"2146","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2146 GOVERNMENT GAZETTE, WA 12 April 2017\n(2) Unless otherwise decided by the Council, the order of business at any special meeting of the\nCouncil is to be the order in which that business stands in the agenda of the meeting.\n(3) In determining the order of business for any meeting of the Council, the provisions of the Act and\nRegulations relating to the time at which public question time is to be held are to be observed.\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 meeting\nsuch business as he or she considers appropriate, in the form of a motion, of which notice has been\ngiven in writing to the CEO and which has been included on the agenda.\n(2) A notice of motion under subclause (1) is to be given at least 7 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 district.\n(4) The CEO—\n(a) may, with the concurrence of the President, exclude from the notice paper any notice of\nmotion deemed to be, or likely to involve, a breach of any of this local law or any other written\nlaw;\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\nto the form but not the substance as will bring the notice of motion into due form; and\n(d) may provide to the Council relevant and material facts and circumstances pertaining to the\nnotice of motion on such matters as 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 agrees to defer consideration of the motion to a later stage or date.\n(6) If a notice of motion is given and lapses under subclause (5), notice of a motion in the same terms\nor to the same effect is not to be given again for at least 3 months from the date of such lapse.\n5.4 New business of an urgent nature\n(1) In cases of extreme urgency or other special circumstances, matters may, on a motion by the\nPresiding Member that is carried by the meeting, be raised without notice and decided by the\nmeeting.\n(2) In subclause (1), cases of extreme urgency or other special circumstances means matters\nthat have arisen after the preparation of the agenda that are considered by the Presiding Member to\nbe of such importance and urgency that they are unable to be dealt with administratively by the local\ngovernment and must be considered and dealt with by the Council before the next meeting.\n5.5 Adoption by exception resolution\n(1) In this clause adoption by exception resolution means a resolution of the Council that has the\neffect of adopting, for a number of specifically identified reports, the Officer recommendation as the\nCouncil resolution.\n(2) Subject to subclause (3), the local government may pass an adoption by exception resolution.\n(3) An adoption by exception resolution 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.\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 or more of the circumstances dealt with in the Act, may at any\ntime, 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 specified by the Presiding Member; and\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2147\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\notherwise.\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 8.9 is to be\nsuspended until the Council or the committee, by resolution, decides otherwise.\n(6) A resolution under this clause may be made without notice.\n(7) Unless the Council resolves otherwise, once the meeting is reopened 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.\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 2 questions before other\nmembers of the public will be invited to ask their questions.\n(6) Where a member of the public provides written questions then the Presiding Member may elect for\nthe questions to be responded to as normal business correspondence.\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 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 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.\n6.9 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, at the meeting, 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\n","sortOrder":91},{"sectionNumber":"2148","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2148 GOVERNMENT GAZETTE, WA 12 April 2017\n(3) Unless the Council resolves otherwise, a deputation invited to attend a Council meeting—\n(a) is not to exceed 5 persons, only 2 of whom may address the Council, although others may\nrespond to specific questions from Members;\n(b) is not to address the Council for a period exceeding 10 minutes without the agreement of the\nCouncil; 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.\n6.10 Petitions\n(1) A petition is to—\n(a) be addressed to the President;\n(b) be made by electors of the district;\n(c) state the request on each page of the petition;\n(d) contain the name, address and signature of each elector making the request, and the date\neach elector signed;\n(e) contain a summary of the reasons for the request; and\n(f) state the name of the person to whom, and an address at which, notice to the petitioners can\nbe given.\n(2) Upon receiving a petition, the local government is to submit the petition to the relevant Officer to\nbe included in his or her deliberations and report on the matter that is the subject of the petition,\nsubject to subclause (3).\n(3) At any meeting, the Council is not to vote on any matter that is the subject of a petition presented\nto that meeting, unless—\n(a) the matter is the subject of a report included in the agenda; and\n(b) the Council has considered the issues raised in the petition.\n6.11 Presentations\n(1) In this clause, a presentation means the acceptance of a gift or an award by the Council on behalf\nof the local government or the community.\n(2) A presentation may be made to the Council at a meeting only with the prior approval of the CEO.\n6.12 Participation at committee meetings\n(1) In this clause a reference to a person 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 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.\n6.13 Council may meet to hear public submissions\n(1) Where an item on the agenda at a Council meeting is contentious and is likely to be the subject of\na number of deputations, the Council may resolve to meet at another time to provide a greater\nopportunity to be heard.\n(2) The CEO and the President shall set the time and date of the meeting to provide the opportunity\nto be heard.\n(3) Where the Council resolves to meet to provide the opportunity to be heard under subclause (1), the\nPresiding Member shall—\n(a) instruct the CEO to provide local public notice of the time and date when the Council will\nmeet to provide an opportunity to be heard;\n(b) provide a written invitation to attend the meeting to provide the opportunity to be heard to\nall members of the public who have applied under clause 6.9 to make a deputation on the\nissue; and\n(c) cause minutes to be kept of the meeting to provide the opportunity to be heard.\n(4) A meeting held under subclause (1) shall be conducted only to hear submissions. The Council shall\nnot make resolutions at a meeting to provide the opportunity to be heard.\n(5) At a meeting held under subclause (1), each person making a submission shall be provided with\nthe opportunity to fully state his or her case.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2149\n(6) A member of the public shall be limited to 10 minutes in making an oral submission, but this\nperiod may be extended at the discretion of the Presiding Member.\n(7) Once every member of the public has had the opportunity to make a submission the Presiding\nMember is to close the meeting.\n(8) The CEO is to ensure that a report is included on the agenda of the next Council meeting\nsummarising each submission made at the meeting.\n(9) The Council must not resolve on the matter that is the subject of a meeting to provide the\nopportunity to be heard until it has received the CEO’s report under subclause (8).\n6.14 Public inspection of agenda materials\nThe right of the public to inspect the documents referred to, and in accordance with, regulation 14 of\nthe Regulations may be exercised at the office of the local government in Harvey and Australind and\non the local government’s website.\n6.15 Confidentiality of information withheld\n(1) Information withheld by the CEO from the public under regulation 14(2) of the Regulations is to\nbe—\n(a) identified in the agenda of a Council meeting under the item Matters for which meeting may\nbe closed;\n(b) marked Confidential in the agenda; and\n(c) kept confidential by Officers and Members until the Council resolves otherwise.\n(2) A member or an Officer in receipt of confidential information under subclause (1) or information\nthat is provided or disclosed during a meeting or part of a meeting that is closed to the public is not to\ndisclose any of that information to any person other than another member or an Officer to the extent\nnecessary for the purpose of carrying out his or her duties.\n(3) Subclause (2) does not apply where a member or Officer discloses the information to his or her\nlawyer or government Officer for the purpose of seeking advice in order to lawfully fulfil his or her\nrole and responsibilities.\n6.16 Recording of proceedings\n(1) A person is not to use any electronic, visual or audio recording device or instrument to record the\nproceedings of the Council without the permission of the Presiding Member.\n(2) If the Presiding Member gives permission under subclause (1), the Presiding Member is to advise\nthe meeting, immediately before the recording is commenced, that such permission has been given\nand the nature and extent of that permission.\n6.17 Prevention of disturbance\n(1) A reference in this clause to a person is to a person other than a member.\n(2) A person addressing the Council shall extend due courtesy and respect to the Council and the\nprocesses under which it operates and shall comply with any direction by the Presiding Member.\n(3) A person observing a meeting shall not create a disturbance at a meeting, by interrupting or\ninterfering with the proceedings, whether by expressing approval or dissent, by conversing or by any\nother means.\n(4) A person shall ensure that his or her mobile telephone or audible pager is not switched on or used\nduring any meeting of the Council.\n(5) A person shall not behave in a manner that is contrary to section 75 of the Criminal Code.\nPART 7—QUESTIONS BY MEMBERS\n7.1 Questions by Members of which due notice has been given\n(1) A question on notice is to be given by a member in writing to the CEO at least 7 clear working\ndays before the meeting at which it is raised.\n(2) If the question referred to in subclause (1) is in order, the answer is, so far as is practicable, to be\nincluded in written form in the agenda of the meeting, or otherwise tabled at that meeting.\n(3) Every question and answer is to be submitted as briefly and concisely as possible and no\ndiscussion is to be allowed thereon, unless with the consent of the person\nPART 8—CONDUCT OF MEMBERS\n8.1 Members to occupy own seats\nAt the first meeting held after each ordinary elections day, the CEO is to allot by random draw, a\nposition at the Council table to each councillor and the councillor is to occupy that position when\npresent at meetings of the Council until such time as there is a call by a majority of councillors for a\nre-allotment of positions.\n8.2 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.\n\n","sortOrder":92},{"sectionNumber":"2150","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2150 GOVERNMENT GAZETTE, WA 12 April 2017\n8.3 Titles to be used\nA speaker, when referring to the President, Deputy President or Presiding Member, or a Member or\nOfficer, is to use the title of that person’s office.\n8.4 Advice of entry or departure\nDuring the course of a meeting of the Council, a Member is not to enter or leave the meeting without\nfirst advising the Presiding Member, in order to facilitate the recording in the minutes of the time of\nentry or departure.\n8.5 Members to indicate their intention to speak and to rise when speaking\nEvery member of the Council wishing to speak is to indicate by show of hands or other method agreed\nupon by the Council. When invited by the person presiding to speak, members are to rise and address\nthe Council through the person presiding, provided that where any member of the Council is unable\nto stand by reason of sickness or disability he or she may sit while speaking.\n8.6 Priority of speaking\n(1) Where 2 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 is to cease speaking immediately after being asked to do so by the Presiding Member.\n8.7 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.\n8.8 Relevance\n(1) A Member is to restrict his or her remarks to the motion or amendment under discussion, or to a\npersonal explanation or point of order.\n(2) The Presiding Member, at any time, may—\n(a) call the attention of the meeting to—\n(i) any irrelevant, repetitious, offensive or insulting language by a Member; or\n(ii) any breach of order by a Member; and\n(b) direct 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.\n8.9 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.\n8.10 Duration of speeches\n(1) A Member is not to speak on any matter for more than 5 minutes without the consent of the\nCouncil 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\n10 minutes.\n8.11 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 question has been put.\n8.12 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 8.13; or\n(d) to move a procedural motion that the Member be no longer heard under clause 11(1)(e).\n8.13 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.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2151\n8.14 No reopening of discussion\nA Member is not to reopen discussion on any Council decision, except to move that the decision be\nrevoked or changed under Part 16.\n8.15 Adverse reflection\n(1) A Member is not to reflect adversely on a decision of the Council except on a motion that the\ndecision be revoked or changed under Part 16.\n(2) A Member is not—\n(a) to reflect adversely on the character or actions of another Member or Officer; or\n(b) to impute any motive to a Member or Officer,\nunless the meeting resolves, without debate, that the question then before the meeting cannot\notherwise be adequately considered.\n(3) A Member is not to use offensive or objectionable expressions in reference to any Member, Officer\nor other person.\n(4) If a Member specifically requests, immediately after their use, that any particular words used by a\nMember be recorded in the minutes—\n(a) the Presiding Member is to cause the words used to be taken down and read to the meeting\nfor verification; and\n(b) the Council may, by resolution, decide to record those words in the minutes.\n8.16 Withdrawal of offensive language\n(1) A Member who, in the opinion of the Presiding Member, uses an expression which—\n(a) in the absence of a resolution under clause 8.15—\n(i) reflects adversely on the character or actions of another Member or Officer; or\n(ii) imputes any motive to a Member or Officer; or\n(b) is offensive or insulting,\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 then under discussion and\ncall on the next speaker.\nPART 9—PRESERVING ORDER\n9.1 Presiding Member to preserve order\n(1) The Presiding Member is to preserve order, and, whenever he or she considers necessary, may call\nany 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 8.7, but to preserve order.\n9.2 Point of order\n(1) A Member may object, by way of a point of order, only to a breach of—\n(a) any of 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.\n9.3 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,\nand, if permitted, the Member who has been interrupted may then proceed.\n9.4 Calling attention to breach\nA Member may, at any time, draw the attention of the Presiding Member to any breach of this local\nlaw.\n9.5 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\n","sortOrder":93},{"sectionNumber":"2152","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2152 GOVERNMENT GAZETTE, WA 12 April 2017\n(2) A ruling by the Presiding Member on a point of order—\n(a) is not to be the subject of debate or comment; and\n(b) is to be final unless the majority of Members then present and voting, on a motion moved\nimmediately 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) a statement made or act done by a Member is out of order, the Presiding Member may require\nthe Member to make an explanation, retraction or apology.\n9.6 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 9.5(3),\nthe Presiding Member may direct the Member to refrain from taking any further part in the matter\nunder discussion, other than by voting, and the Member is to comply with that direction.\n9.7 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\npurpose of preserving or regaining order, the second or subsequent adjournment may be to a later\ntime on the same day or to another day.\nPART 10—DEBATE OF SUBSTANTIVE MOTIONS\n10.1 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.\n10.2 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.\n10.3 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\nand without 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 (see Part 16).\n10.4 Only one substantive motion at a time\nWhen a substantive motion is under debate at a meeting of the Council, no further substantive\nmotion is to be accepted. The Council is not to consider more than one substantive motion at any time.\n10.5 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.\n10.6 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.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2153\n10.7 Member may require question to be read\nA Member may require the question or matter under discussion to be read at any time during a\ndebate, but not so as to interrupt any other Member who is speaking.\n10.8 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.\n10.9 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.\n10.10 Form of an amendment\nAn amendment must add, delete, or substitute words to the substantive motion.\n10.11 Amendment must not negate original motion\nAn amendment to a substantive motion cannot negate the original motion or the intent of the original\nmotion.\n10.12 Relevance of amendments\nEach amendment is to be relevant to the motion in respect of which it is moved.\n10.13 Mover of motion may speak on amendment\nAny Member may speak during debate on an amendment.\n10.14 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.\n10.15 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.\n10.16 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 question;\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 11—PROCEDURAL MOTIONS\n11.1 Permissible procedural motions\nIn addition to the right to move an amendment to a substantive motion (under Part 10), a Member\nmay move 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 question be now put;\n(e) that the Member be no longer heard;\n(f) that the ruling of the Presiding Member be disagreed with; and\n(g) that the meeting be closed to the public under clause 6.2.\n11.2 No debate\n(1) The mover of a motion specified in subclause (a), (b), (c), (f) or (g) of clause 11.1 may speak to the\nmotion for not more than 5 minutes, the seconder is not to speak other than to formally second the\nmotion, and there is to be no debate on the motion.\n\n","sortOrder":94},{"sectionNumber":"2154","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2154 GOVERNMENT GAZETTE, WA 12 April 2017\n(2) The mover of a motion specified in subclause (d) or (e) of clause 11.1 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.\n11.3 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.\n11.4 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.\n11.5 Meeting to proceed to the next business\nThe motion “that the meeting proceed to the next 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.\n11.6 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.\n11.7 Meeting now adjourn\n(1) A Member is not to move or second more than one motion of adjournment during the same sitting\nof the 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 exception\nresolution under clause 5.5.\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.\n11.8 Question to be put\n(1) If the motion “that the question 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 question 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.\n11.9 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.\n11.10 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 12—DISCLOSURE OF INTERESTS\n12.1 Disclosure of interests\nDisclosure of interests is dealt with in the Act.\nPART 13—VOTING\n13.1 Question—when put\n(1) Immediately after the debate on any question is concluded and the right of reply has been\nexercised, the Presiding Member—\n(a) is to put the question to the Council; and\n(b) if requested by any Member, is to again state the terms of the question.\n(2) A Member is not to leave the meeting when the Presiding Member is putting any question.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2155\n13.2 Voting\nVoting is dealt with in the Act and the Regulations.\n13.3 Majorities required for decisions\nThe majorities required for decisions of the Council and committees are dealt with in the Act.\n13.4 Method of taking vote\n(1) In taking the vote on any motion or amendment the Presiding Member—\n(a) is to put the question, first in the affirmative, and then in the negative;\n(b) may put the question 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.\n(3) If a member of Council or a committee specifically requests that there be recorded—\n(a) his or her vote; or,\n(b) the vote of all members present,\non a matter voted on at a meeting of the Council or committee, the person presiding is to cause the\nvote or votes, as the case may be, to be recorded in the minutes.\nPART 14—MINUTES OF MEETINGS\n14.1 Keeping of minutes\nThe keeping and confirmation of minutes are dealt with in the Act.\n14.2 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 of the Regulations, the minutes of a Council\nmeeting are to include, where an application for approval is refused or the authorisation of a licence,\npermit or certificate is withheld or cancelled, the reasons for the decision.\n14.3 Public inspection of unconfirmed minutes\nThe public inspection of unconfirmed minutes is dealt with in the Regulations.\n14.4 Confirmation of minutes\n(1) When minutes of an ordinary meeting of the Council are distributed for consideration prior to\ntheir confirmation at the next meeting, if a Member is dissatisfied with the accuracy of the minutes,\nthe Member may provide the local government with a written copy of the alternative wording to\namend the minutes no later than 7 clear working days before the next ordinary meeting of the\nCouncil.\n(2) At the next ordinary meeting of the Council, the Member who provided the alternative wording\nshall, at 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 discussion as to\ntheir accuracy as a record of the proceedings.\nPART 15—ADJOURNMENT OF MEETING\n15.1 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.\n15.2 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 8.9 apply when the debate is resumed.\nPART 16—REVOKING OR CHANGING DECISIONS\n16.1 Requirements to revoke or change decisions\nThe requirements to revoke or change a decision made at a meeting are dealt with in regulation 10 of\n\n","sortOrder":95},{"sectionNumber":"2156","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 12 April 2017","content":"2156 GOVERNMENT GAZETTE, WA 12 April 2017\n16.2 Limitations on powers to revoke or change decisions\n(1) Subject to subclause (2), the Council or a committee are not to consider a motion to revoke or\nchange a decision—\n(a) where, at the time the motion is moved or notice is given, any action has been taken under\nclause 16.3 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.\n16.3 Implementing a decision\n(a) authorisation means a licence, permit, approval or other means of authorising a person to\ndo anything;\n(b) implement, in relation to a decision, includes—\n(i) to communicate notice of the decision to a person affected by, or with an interest in, the\ndecision; and\n(ii) to take any other action to give effect to the decision; and\n(c) valid notice of revocation motion means a notice of motion to revoke or change a decision\nthat complies with the requirements of the Act, Regulations and the local law and may be\nconsidered, but has not yet been considered, by the Council or a committee as the case may\nbe.\n(2) 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(3) 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.\nPART 17—SUSPENSION OF LOCAL LAW\n17.1 Suspension of local law\n(1) A Member may at any time move that the operation of one 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,\nis to suspend the operation of the clause or clauses to which the motion relates for the duration of the\nmeeting, unless the meeting earlier resolves otherwise.\n17.2 Where local laws do not apply\n(1) In situations where—\n(a) one or more provisions of this local law have been suspended; or\n(b) a matter is not regulated by 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 11.10.\n17.3 Cases not provided for in local law\nThe Presiding Member is to decide questions of order, procedure, debate, or otherwise in cases where\nthis local law, the Act or the Regulations are silent. The decision of the Presiding Member in these\ncases is final, except where a motion is moved and carried under clause 11.10.\nPART 18—MEETINGS OF ELECTORS\n18.1 Electors’ general meetings\nElectors’ general meetings are dealt with in the Act.\n18.2 Matters for discussion at electors’ general meetings\nThe matters to be discussed at electors’ general meetings are dealt with in the Regulations.\n18.3 Electors’ special meetings\nElectors’ special meetings are dealt with in the Act.\n\n12 April 2017 GOVERNMENT GAZETTE, WA 2157\n18.4 Requests for electors’ special meetings\nRequests for electors’ special meetings are dealt with in the Regulations.\n18.5 Convening electors’ meetings\nConvening electors’ meetings is dealt with in the Act.\n18.6 Who presides at electors’ meetings\nWho presides at electors’ meetings is dealt with in the Act.\n18.7 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.\n18.8 Participation of non-electors\nA person who is not an elector of the local government shall not take part in any discussion at an\nelectors’ meeting unless the meeting, by resolution, permits the person do so.\n18.9 Voting at electors’ meetings\nVoting at electors’ meetings is dealt with in the Regulations.\n18.10 Minutes of electors’ meetings\nMinutes of electors’ meetings are dealt with in the Act.\n18.11 Decisions made at electors’ meetings\nDecisions made at electors’ meetings are dealt with in the Act.\nPART 19—ENFORCEMENT\n19.1 Penalty for breach\nA person who breaches a provision of this local law commits an offence.\nPenalty: $1,000.00 and a daily penalty of $100.00.\n19.2 Who can prosecute\nWho can prosecute is dealt with in the Act.","sortOrder":96}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":763},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to be a consolidated remake of existing local laws (noted repeals of 2000-2001 versions). The scope remains consistent with typical local government regulatory functions — public spaces, animal control, development, and governance. No significant expansion beyond original purposes is evident."},"complexity_factors":["Multiple distinct local laws bundled together (9 separate instruments)","Extensive cross-referencing between the Local Government Act 1995 and other State legislation","Detailed technical specifications (fence construction, coffin requirements, quarry rehabilitation)","Permit systems with multiple conditions, exemptions and appeal pathways","Defined terms sections with 20+ definitions per instrument","Schedules containing offence tables with specific penalty amounts","Transitional provisions preserving pre-existing approvals and signs","Nested conditional logic (e.g., 'if X then Y unless Z')"],"plain_english_summary":"This bundle of nine local laws made by the Shire of Harvey (2017) sets community \"house rules\" on everyday matters—from public behaviour, parking and local government property use to dogs, cemeteries, fencing, extractive industries, bush fire brigades and how Council meetings run. It affects residents, businesses, visitors, volunteers and the Council by governing safety, environment, order and local democracy. Penalties apply (fines up to $5,000) and some matters can be dealt with by infringement notices."}},"importantCases":[],"_links":{"self":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-local-law-2017","history":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-local-law-2017/history","analysis":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-local-law-2017/analysis","conflicts":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-local-law-2017/conflicts","importantCases":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-local-law-2017/important-cases","documents":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-local-law-2017/documents"}}