{"id":"wa-local:dowerin-shire-of-activities-in-thoroughfares-and-public-places-and-trading-local-law-2022","name":"ACTIVITIES IN THOROUGHFARES AND \nPUBLIC PLACES AND TRADING LOCAL \nLAW 2022","slug":"activities-in-thoroughfares-and-public-places-and-trading-local-law-2022","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437823,"registerId":"wa-local:dowerin-shire-of-activities-in-thoroughfares-and-public-places-and-trading-local-law-2022-pdf-1775954516137","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"17","sectionType":"section","heading":"March 2022 GOVERNMENT GAZETTE, WA 2215","content":"17 March 2022 GOVERNMENT GAZETTE, WA 2215\nACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND\nTRADING LOCAL LAW 2022\n1.2 Interpretations\n1.5 Commencement\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\n2.6 Interpretation\n2.7 Application\n","sortOrder":1},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Permissible verge treatments","content":"Subdivision 2—Permissible verge treatments\n2.8 Permissible verge treatments\n2.9 Only permissible verge treatments to be installed\n2.10 Obligations of owner or occupier\n2.11 Notice to owner or occupier\nSubdivision 3—Existing verge treatments\n2.12 Transitional provision\nSubdivision 4—Public works\n2.13 Power to carry out public works on verge\nDivision 4—Property numbers\n2.14 Interpretation\nSubdivision 2—Assignment and marking of numbers\n2.15 Assignment of numbers\nDivision 5—Fencing\n2.16 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\nDivision 6—Signs erected by the local government\n2.17 Signs\n2.18 Transitional\n","sortOrder":2},{"sectionNumber":"Div 7","sectionType":"division","heading":"Driving on a closed thoroughfare","content":"Division 7—Driving on a closed thoroughfare\n2.19 No driving on closed thoroughfare\n","sortOrder":3},{"sectionNumber":"Part 3","sectionType":"part","heading":"ADVERTISING SIGNS ON THOROUGHFARES","content":"PART 3—ADVERTISING SIGNS ON THOROUGHFARES\n3.1 Interpretation\n\n","sortOrder":4},{"sectionNumber":"2216","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2216 GOVERNMENT GAZETTE, WA 17 March 2022\n","sortOrder":5},{"sectionNumber":"Div 2","sectionType":"division","heading":"Permit","content":"Division 2—Permit\n3.2 Advertising signs and portable direction signs\n3.3 Matters to be considered in determining application for permit\n","sortOrder":6},{"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":7},{"sectionNumber":"Part 4","sectionType":"part","heading":"OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS","content":"PART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS\n","sortOrder":8},{"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\nDivision 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":9},{"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":10},{"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":11},{"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":12},{"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\nDivision 7—Firebreaks\n5.17 Permit for firebreaks on thoroughfares\n5.18 When application for permit cannot be approved\n","sortOrder":13},{"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":14},{"sectionNumber":"Part 6","sectionType":"part","heading":"TRADING IN THOROUGHFARES AND PUBLIC PLACES","content":"PART 6—TRADING IN THOROUGHFARES AND PUBLIC PLACES\nDivision 1—Stallholders and traders\n6.1 Interpretation\n6.2 Stallholder’s permit\n6.3 Trader’s permit\n6.4 No permit required to sell newspaper\n6.5 Relevant considerations in determining application for permit\n6.6 Conditions of permit\n6.7 Exemptions from requirement to pay fee or to obtain a permit\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2217\nSubdivision 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":15},{"sectionNumber":"Part 7","sectionType":"part","heading":"PERMITS","content":"PART 7—PERMITS\nDivision 1—Applying for a permit\n7.1 Application for permit\n7.2 Decision on application for permit\nDivision 2—Conditions\n7.3 Conditions which may be imposed on a permit\n7.4 Imposing conditions under a policy\n7.5 Compliance with and variation of conditions\nDivision 3—General\n7.6 Duration of permit\n7.7 Renewal of permit\n7.8 Transfer of permit\n7.9 Production of permit\n7.10 Cancellation of permit\n","sortOrder":16},{"sectionNumber":"Part 8","sectionType":"part","heading":"OBJECTIONS AND APPEALS","content":"PART 8—OBJECTIONS AND APPEALS\n8.1 Application of Part 9 Division 1 of Act\n","sortOrder":17},{"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":18},{"sectionNumber":"Part 10","sectionType":"part","heading":"ENFORCEMENT","content":"PART 10—ENFORCEMENT\nDivision 1—Notices given under this local law\n10.1 Offence to fail to comply with notice\n10.2 Local government may undertake requirements of notice\nDivision 2—Offences and penalties\nSubdivision 1—General\n10.3 Offences\nSubdivision 2—Infringement notices and modified penalties\n10.4 Prescribed offences\n10.5 Forms\nPRESCRIBED OFFENCES\n\n","sortOrder":19},{"sectionNumber":"2218","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2218 GOVERNMENT GAZETTE, WA 17 March 2022\nACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND\nTRADING LOCAL LAW 2022\nLocal Government Act 1995 and under all other powers enabling it,\nthe Council of the Shire of Dowerin resolved on 15 February 2022 to make the following local law.\nShire of Dowerin Activities in Thoroughfares and Public Places and\nTrading Local Law 2022.\n1.2 Interpretations\nIn this local law unless the context otherwise requires—\napplicant means a person who applies for a permit;\nauthorised person means a person authorised by the local government under section 9.10 of the\nAct to perform any of the functions of an authorised person under this local law;\nbuilt-up area has the meaning given to it in the\nbulk rubbish container means a bin or container designed or used for holding a substantial\nquantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does\nnot include a bin or container used in connection with the local government’s regular domestic\nrubbish collection service;\ncarriageway has the meaning given to it in the\nCEO means the chief executive officer of the local government;\ncommencement day means the day on which this local law comes into operation;\nCouncil means the council of the local government;\ncrossing means a crossing giving access from a public thoroughfare to—\n(a) private land; or\n(b) a private thoroughfare serving private land;\nfootpath has the meaning given to it in the\ngarden means any part of a thoroughfare planted, developed or treated, otherwise than as a lawn,\nwith one or more plants;\nintersection has the meaning given to it in the\nkerb includes the edge of a carriageway;\nlawn means any part of a thoroughfare which is planted only with grass, or with a similar plant,\nbut will include any other plant provided that it has been planted by the local government;\nliquor has the meaning given to it in section 3 of the\nLiquor Control Act 1988;\nlocal government means the Shire of Dowerin\n;\nlocal government property means anything except a thoroughfare—\n(a) which belongs to the local government;\n(b) of which the local government is the management body under the\nLand Administration\nAct 1997; or\n(c) which is an ‘otherwise unvested facility’ within section 3.53 of the Act;\nlocal planning scheme means a local planning scheme of the local government made under the\nlot has the meaning given to it in the\nowner or occupier in relation to land does not include the local government;\npermissible verge treatment means any one of the 4 treatments described in clause 2.8(2), and\nincludes any reticulation pipes and sprinklers;\npermit means a permit issued under this local law;\npermit holder means a person who holds a valid permit;\nperson does not include the local government;\npremises for the purpose of the definition of public place in both this clause and clause 6.1, means\na building or similar structure, but does not include a carpark or a similar place;\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2219\npublic place includes any thoroughfare or place which the public are allowed to use, whether or\nnot the thoroughfare or place is on private property, but does not include—\n(a) premises on private property from which trading is lawfully conducted under a written\nlaw; and\n(b) local government property;\nRegulations means the\nLocal Government (Functions and General) Regulations 1996;\nsign includes a notice, flag, mark, structure or device on which may be shown words, numbers,\nexpressions or symbols;\nthoroughfare has the meaning given to it in the Act, but does not include a private thoroughfare\nwhich is not under the management control of the local government;\ntownsite means all the townsites within the district which are—\n(a) constituted under section 26(2) of the\nLand Administration Act 1997; or\n(b) referred to in clause 37 of Schedule 9.3 of the Act;\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels, tracks\nor 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 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.\n1. This local law applies throughout the district.\n2. This local law is subject to any written and law of the Commonwealth about assistance animals as\ndefined in the\nDisability Discrimination Act 1992 (Commonwealth) section 9(2).\n1. The\nShire of Dowerin Activities on Thoroughfares and Trading in Thoroughfares and Public Places\nas published in the\nGovernment Gazette on 8 January 2002 is repealed.\n2. 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.\n3. The Council may resolve that notwithstanding subclause (2) specified policies continue, or are to be\ntaken to have continued, to have effect on and from the commencement day.\n1.5 Commencement\nThis local law comes into operation 14 days after the date of its commencement in the\nGovernment\nGazette.\nPART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES\n2.1 General prohibitions\nA person shall not—\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\nunless—\n(i) the person is the owner or the occupier of the lot abutting that portion of the thoroughfare\nand the lawn or the garden or the particular plant has not been installed or planted by\nthe 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\ncarriageway;\n(d) place on any footpath any fruit, fruit skins or other substance or fluid (whether vegetable or\notherwise, but not water) which may create a hazard for any person using the footpath;\n(e) unless at the direction of the local government, damage, remove or interfere with any signpost,\ndirection 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 impede\nthe 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.\n\n","sortOrder":20},{"sectionNumber":"2220","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2220 GOVERNMENT GAZETTE, WA 17 March 2022\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 removal\nby the local government under a bulk rubbish collection, and then only in accordance with the\nterms and conditions and during the period of time advertised in connection with that collection\nby 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 thoroughfare\nany hoist or other thing for use over the thoroughfare;\n(k) on a public place use anything or do anything so as to create a nuisance;\n(l) place or cause to be placed on a thoroughfare a bulk rubbish container; or\n(m) interfere with the soil of, or anything in a thoroughfare or take anything from a thoroughfare.\n(2) The local government may exempt a person from compliance with subclause (1) on the application\nof that person.\n2.3 No possession and consumption of liquor on thoroughfare\n(1) A person shall not consume any liquor or have in her or his possession or under her or his control\nany liquor on a thoroughfare unless—\n(a) that is permitted under the\nLiquor Control Act 1988 or under another written law; or\n(b) the person is doing so in accordance with a permit.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\nDivision 2—Vehicle crossing\n","sortOrder":21},{"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\nperson 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\nBuilding Act 2011, if one has been\nissued in relation to the works; or\n(b) the registered proprietor of the lot, if no building permit has been issued under the\nBuilding\nAct 2011 in relation to the works.\n(3) If the local government approves an application for a permit for the purpose of subclause (1), the\npermit is taken to be issued on the condition that until such time as the temporary crossing is removed,\nthe permit holder shall keep the temporary crossing in good repair and in such a condition so as not to\ncreate any danger or obstruction to persons using the thoroughfare.\nSubdivision 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(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\n17 March 2022 GOVERNMENT GAZETTE, WA 2221\n(b) reinstate the kerb, drain, footpath, verge and any other part of the thoroughfare, which may be\naffected by the removal,\nwithin the period of time stated in the notice, and the owner or occupier of the lot shall comply with\nthat notice.\nDivision 3—Verge treatments\n2.6 Interpretation\nacceptable material means any material which will create a hard surface or approved by the\nlocal government.\n2.7 Application\nThis Division only applies to a townsite.\nSubdivision 2—Permissible verge treatments\n2.8 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 of\n2m 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).\n2.9 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 treatment.\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 2.10.\n2.10 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 verge\ntreatment is a garden or lawn, that a footpath on the verge and a carriageway adjoining the\nverge 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.\n2.11 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.\n","sortOrder":22},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Existing verge treatments","content":"Subdivision 3—Existing verge treatments\n2.12 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 was\nrepealed by this local law.\n(2) A verge treatment which—\n(a) was installed prior to the commencement day; and\n(b) on the commencement day is a type of verge treatment which was permitted under and\ncomplied with the former provisions,\nis to be taken to be a permissible verge treatment for so long as the verge treatment remains of the\nsame type and continues to comply with the former provisions.\n\n","sortOrder":23},{"sectionNumber":"2222","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2222 GOVERNMENT GAZETTE, WA 17 March 2022\n","sortOrder":24},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Public works","content":"Subdivision 4—Public works\n2.13 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\n2.14 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\n2.15 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\n2.16 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 Schedule\n3.1 of the Act—\n(a) a public place, as that term is defined in clause 1.2; and\n(b) local government property.\nDivision 6—Signs erected by the local government\n2.17 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.\n2.18 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 erected\nunder clause 2.17 if—\n(a) the sign specifies a condition of use relating to the public place which gives notice of the effect\nof a provision of this local law; and\n(b) the condition of use specified is not inconsistent with any provision of this local law.\nDivision 7—Driving on a closed thoroughfare\n2.19 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.\n(2) In this clause—\nclosed thoroughfare means a thoroughfare wholly or partially closed under section 3.50 or 3.50A\nof the Act.\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2223\nPART 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 Commissioner\nof 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 which\nneither exceeds 500mm in height nor 0.5m2 in area, provided that the sign is placed or erected on a\nthoroughfare on an infrequent or occasional basis only to direct attention to a place, activity or event\nduring 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 obstruct\nlines of sight along a thoroughfare or cause danger to any person using the thoroughfare; 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 be\ntaken 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\n","sortOrder":25},{"sectionNumber":"2224","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2224 GOVERNMENT GAZETTE, WA 17 March 2022\n3.5 Conditions on election sign\nIf the local government approves an application for a permit for the erection or placement of an election\nsign 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 leaving\na 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 local\ngovernment property so that it obstructs the use of any part of that public place or local government\nproperty, unless that person has first obtained a permit or is authorised to do so under a written 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, unless\nthat person does so under a permit or under the authority of a written law.\nDivision 2—Shopping trolleys\n4.3 Interpretation\nIn this Division—\nretailer means a proprietor of a shop in respect of which shopping trolleys are provided for the use\nof customers of the shop; and\nshopping trolley means a wheeled container or receptacle supplied by a retailer to enable a person\nto transport goods.\n4.4 Shopping trolley to be marked\nA retailer shall clearly mark its name or its trading name on any shopping trolley made available for\nthe use of customers.\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\n17 March 2022 GOVERNMENT GAZETTE, WA 2225\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 accordance\nwith sections 6.16 to 6.19 of the Act) within the period specified by the local government.\nPART 5—ROADSIDE CONSERVATION\n5.1 Interpretation\nIn this Part—\nMRWA means Main Roads Western Australia;\nroadside conservation committee means the Roadside Conservation Committee reporting to\nthe Minister for Environment;\nspecial environmental area means an area designated as such under clause 5.7;\nspecially protected flora has the meaning given to it in section 5 of the\nBiodiversity Conversation\nAct 2016; and\nthreatened flora has the meaning given to it in section 5 of the\nBiodiversity Conservation\nAct 2016.\n5.2 Application\nThis Part does not apply to the townsite.\nDivision 2—Flora roads\n5.3 Declaration of flora road\nThe local government may declare a thoroughfare which has, in the opinion of the local government,\nhigh quality roadside vegetation to be a flora road.\n5.4 Construction works on flora roads\nConstruction and maintenance work carried out by the local government on a flora road is to be in\naccordance with the Handbook of Environmental Practice for Road Construction and Road Maintenance\nWorks.\n5.5 Signposting of flora roads\nThe local government may signpost flora roads with the standard MRWA flora road sign.\n5.6 Driving only on carriageway of flora roads\n(1) A person driving or riding a vehicle on a flora road shall only drive or ride the vehicle on the\ncarriageway.\n(2) Subclause (1) does not apply where—\n(a) conditions on the thoroughfare do not reasonably permit a vehicle to remain on the\ncarriageway;\n(b) there is no carriageway; or\n(c) an exemption from the application of subclause (1) has been obtained from the local\ngovernment.\nDivision 3—Special environmental areas\n5.7 Designation of special environmental areas\nThe local government may designate a thoroughfare, or any part of a thoroughfare, as a special\nenvironmental area which—\n(a) has specially protected flora or threatened flora; or\n(b) in the opinion of the local government, has environmental, aesthetic or cultural significance.\n5.8 Marking of special environmental areas\nThe local government is to mark and keep a register of each thoroughfare, or part of a thoroughfare,\ndesignated as a special environmental area.\nDivision 4—Planting in thoroughfares\n5.9 Permit to plant\nA person shall not plant any plant or sow any seeds in a thoroughfare without first obtaining a permit.\n\n","sortOrder":26},{"sectionNumber":"2226","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2226 GOVERNMENT GAZETTE, WA 17 March 2022\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 have\nregard 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 that\nperson’s land without first obtaining a permit and any other approvals which may be required under\nany 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 and\nthe 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 burned;\nand\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 the\nburning 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 use\nof herbicides, are considered by the local government to be not feasible or more detrimental to\nnative flora and fauna than burning; or\n(b) in the opinion of the local government, be beneficial for the preservation and conservation of\nnative flora and fauna.\n5.16 Prohibitions on burning\nNotwithstanding anything to the contrary in this local law, an application for a permit for the purpose\nof clause 5.13 is not to be approved by the local government—\n(a) for burning between 31 August and 1 May of the following year where the intensity of the burn\ncould 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, desirable\nfor 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 permit.\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2227\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 government\napproves an application for a permit for the purpose of subclause (1) it is to be taken to be approved\nsubject 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 the\nnative flora on the thoroughfare; and\n(b) any licence or approval which may be required under any other written law is to be obtained\nby the applicant.\nPART 6—TRADING IN THOROUGHFARES AND PUBLIC PLACES\nDivision 1—Stallholders and traders\n6.1 Interpretation\nCompetition Principles Agreement means the Competition Principles Agreement executed by\neach State and Territory of the Commonwealth and the Commonwealth of Australia on 11 April\n1995;\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 under\na 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;\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(iii) the delivery of pre-ordered goods of services to the purchaser of those goods or\nservices or to the person nominated by the purchaser of those goods or services\nwhether or not payment for those goods or services is accepted on delivery; or\n(iv) the 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\npre-ordered goods or services when those orders are taken at the same time as a\nprevious order is being delivered, whether or not payment is made for those goods\nor services at the time of taking the order;\n(v) the setting up of a stall or the conducting of a business at a stall under the\nauthority of a stallholder’s permit;\n(vi) the selling or the offering for sale of goods and services to, or the soliciting of orders\nfor goods and services from a person who sells those goods or services;\n(vii) 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\n","sortOrder":27},{"sectionNumber":"2228","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2228 GOVERNMENT GAZETTE, WA 17 March 2022\n(viii) the selling or hiring or the offering for sale or hire of—\n(i) goods by a person who represents a manufacturer of the goods; or\n(ii) services by a person who represents a provider of the services,\nwhich are only sold directly to consumers and not through a shop.\n6.2 Stallholder’s permit\n(1) A person shall not conduct a stall on a public place unless that person is—\n(a) the holder of a valid stallholder’s permit; or\n(b) an assistant specified in a valid stallholder’s permit.\n(2) Every application for a stallholder’s permit shall—\n(a) state the full name and address of the applicant;\n(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, as\nwell 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 which\nmay 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 newspaper\nonly 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 is\nto 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.\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2229\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 holder\nand the nomination of assistants, nominees or substitutes for the permit holder;\n(g) whether and under what terms the permit is transferable;\n(h) any prohibitions or restrictions concerning the—\n(i) causing or making of any noise or disturbance which is likely to be a nuisance to persons\nin 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 place\nof the stall or any structure;\n(k) the vacating of the place of a stall or trading when the stall is not being conducted or trading\nis not being carried on;\n(l) the acquisition by the stallholder or trader of public risk insurance;\n(m) the period for which the permit is valid; and\n(n) the designation of any place or places where trading is wholly or from time to time prohibited\nby the local government.\n(2) Where a permit holder by reason of illness, accident or other sufficient cause is unable to comply\nwith this local law, the local government may at the request of that permit holder authorise another\nperson to be a nominee of the permit holder for a specified period, and this local law and the conditions\nof 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 any\nsuch fee which has been paid, if the stall is conducted or the trading is carried on—\n(a) on a portion of a public place adjoining the normal place of business of the applicant; or\n(b) by a charitable organisation that does not sublet space to, or involve commercial participants\nin the conduct of a stall or trading, and any assistants that may be specified in the permit are\nmembers of that charitable organisation.\n(3) The local government may exempt a person or a class of persons, whether or not in relation to a\nspecified public place, from the requirements of this Division.\nSubdivision 3—Conduct of stallholders and traders\n6.8 Conduct of stallholders and traders\n(1) A stallholder while conducting a stall or a trader while trading shall–\n(a) display her or his permit to do so in a conspicuous place on the stall, vehicle or temporary\nstructure or if there is no stall, vehicle or temporary structure, carry the permit with her or\nhim while conducting a stall or trading;\n(b) not display a permit unless it is a valid permit; and\n(c) when selling goods by weight, carry and use for that purpose, scales tested and certified in\naccordance with the provisions of the\nNational Measurement Act 1960 (Commonwealth).\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\n","sortOrder":28},{"sectionNumber":"2230","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2230 GOVERNMENT GAZETTE, WA 17 March 2022\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.\nDivision 2—Street entertainers\n6.9 Interpretation\nperform includes to play a musical instrument, sing, mime, dance, give an acrobatic or aerobic\ndisplay or entertain, but does not include public speaking;\npermit means a permit issued for the purpose of clause 6.10;\npermitted area means the area or areas, specified in a permit, in which the permit holder may\nperform; and\npermitted time means the time or times, specified in a permit, during which the permit holder\nmay perform.\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 cancelled\nunder 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 6.16;\nand\npublic place has the meaning given to it in clause 6.1.\n6.16 Permit required to conduct Facility\nA person shall not establish or conduct a Facility without a permit.\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2231\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 abut\non 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\nFood Act 2008 and whether the\nuse 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 public\nplace for the purpose for which it was designed.\n6.18 Obligations of permit holder\n(1) The permit holder for a Facility shall—\n(a) ensure that the Facility is conducted at all times in accordance with the provisions of this local\nlaw;\n(b) ensure that the eating area is kept in a clean and tidy condition at all times; and\n(c) maintain the chairs, tables and other structures in the eating area in a good, clean and\nserviceable condition at all times.\n(2) Whenever, in the opinion of the local government, any work is required to be carried out to a Facility,\nthe local government may give a notice to the permit holder for the Facility to carry out that work\nwithin the time limited by the notice.\n(3) In subclause (2), “work” includes the removal, alteration, repair, reinstatement or reconstruction of\nany 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 permit\nunless the person uses them for the purpose of consuming food or drinks provided by the Facility.\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 service.\n(2) The permit holder may replace the Facility removed under subclause (1) as soon as the person who\ndirected her or him to remove it allows it to be replaced.\nPART 7—PERMITS\nDivision 1—Applying for a permit\n7.1 Application for permit\n(1) Where a person is required to obtain a permit under this local law, that person shall apply for the\npermit in accordance with subclause (2).\n(2) An application for a permit under this local law shall—\n(a) be in the form determined by the local government;\n(b) be signed by the applicant;\n(c) provide the information required by the form; and\ngovernment under and in accordance with sections 6.16 to 6.19 of the Act.\n(3) The local government may require an applicant to provide additional information reasonably related\nto 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\npermit.\n(5) The local government may refuse to consider an application for a permit which is not in accordance\nwith subclause (2).\n\n","sortOrder":29},{"sectionNumber":"2232","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2232 GOVERNMENT GAZETTE, WA 17 March 2022\n7.2 Decision on application for permit\n(1) The local government may—\n(a) approve an application for a permit unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a permit.\n(2) If the local government approves an application for a permit, it is to issue to the applicant a permit\nin the form determined by the local government.\n(3) If the local government refuses to approve an application for a permit, it is to give written notice of\nthat refusal to the applicant.\n(4) Where a clause of this local law refers to conditions which may be imposed on a permit or which are\nto be taken to be imposed on a permit, the clause does not limit the power of the local government to\nimpose 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 application\nfor a permit on other grounds under subclause (1)(b).\nDivision 2—Conditions\n7.3 Conditions which may be imposed on a permit\nThe local government may approve an application for a permit subject to conditions relating to—\n(a) the payment of a fee;\n(b) the duration and commencement of the permit;\n(c) the commencement of the permit being contingent on the happening of an event;\n(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 government\nunder 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 subject\nto 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 the\napplication 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 part\nof 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 with\nthose 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\n17 March 2022 GOVERNMENT GAZETTE, WA 2233\n(2) The provisions of—\n(a) this Part; and\n(b) any other provision of this local law relevant to the permit which is to be renewed, shall apply\nto an application for the renewal of a permit with all the necessary changes as required.\n7.8 Transfer of permit\n(1) An application for the transfer of a valid permit is to—\n(a) be made in writing;\n(b) be signed by the permit holder and the proposed transferee of the permit;\n(c) provide such information as the local government may require to enable the application to be\ndetermined; and\ngovernment under and in accordance with sections 6.16 to 6.19 of the Act.\n(2) The local government may approve an application for the transfer of a permit, refuse to approve it\nor approve it subject to any conditions.\n(3) Where the local government approves an application for the transfer of a permit, the transfer may\nbe effected by—\n(a) an endorsement on the permit signed by the CEO; or\n(b) issuing to the transferee a permit in the form determined by the local government.\n(4) Where the local government approves an application for the transfer of a permit, it is not required\nto refund any part of any fee paid by the former permit holder.\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(i) condition of the permit; or\n(ii) provision of any written law which may relate to the activity regulated by the permit.\n(2) On the cancellation of a permit the permit holder—\n(a) shall return the permit as soon as practicable to the local government; and\n(b) is to be taken to have forfeited any fees paid in respect of the permit.\nPART 8—OBJECTIONS AND APPEALS\n8.1 Application of Part 9 Division 1 of Act\nWhen the local government makes a decision—\n(a) under clause 7.2(1); or\n(b) as to whether it will renew, vary, or cancel a permit,\nthe provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations apply to that\ndecision.\nPART 9—MISCELLANEOUS NOTICES\n9.1 Notice to redirect or repair sprinkler\nWhere a lawn or a garden is being watered with a sprinkler which is on the lawn or the garden, in a\nmanner which causes or may cause an inconvenience or obstruction to any person using a thoroughfare,\nthe local government may give a notice to the owner or the occupier of the land abutting on the lawn or\nthe garden, requiring the owner or the occupier or both to move or alter the direction of the sprinkler\nor 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 to\nthe satisfaction of the local government.\n\n","sortOrder":30},{"sectionNumber":"2234","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2234 GOVERNMENT GAZETTE, WA 17 March 2022\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 the\nthoroughfare where the thing has been placed, or such other person who may be responsible for the\nthing being so placed, require the relevant person to remove the thing.\nPART 10—ENFORCEMENT\nDivision 1—Notices given under this local law\n10.1 Offence to fail to comply with notice\nWhenever the local government gives a notice under this local law requiring a person to do 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\nWhere a person fails to comply with a notice referred to in clause 10.1, the local government may do\nthe thing specified in the notice and recover from that person, as a debt, the costs incurred in so doing.\nDivision 2—Offences and penalties\nSubdivision 1—General\n10.3 Offences\n(1) Any person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law that person is prohibited from doing, commits an offence.\n(2) Any person who commits an offence under this local law is liable, upon conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding\n$500 for each day or part of a day during which the offence has continued.\nSubdivision 2—Infringement notices and modified penalties\n10.4 Prescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section\n9.16(1) of the Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 1.\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":31},{"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\nthe Regulations.\nPRESCRIBED OFFENCES\n(Clause 10.4)\n2.1(a) Plant of 0.75m in height on thoroughfare within 10m of intersection 125\n2.1(b) Damaging lawn or garden 125\n2.1(c) Plant (except grass) on thoroughfare within 2m of carriageway 125\n2.1(d) Placing hazardous substance on footpath 125\n2.1(e) Damaging or interfering with signpost or structure on thoroughfare 350\n2.1(f) Playing games so as to impede vehicles or persons on thoroughfare 125\n2.1(g) Riding of skateboard or similar device on mall or verandah of\nshopping centre\n2.2(1)(a) Digging a trench through a kerb or footpath without a permit 125\n2.2(1)(b) Throwing or placing anything on a verge without a permit 125\n2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without a\npermit\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2235\n2.2(1)(d) Causing obstruction to water channel on thoroughfare without a\npermit\n2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a permit 250\n2.2(1)(g) Lighting a fire on a thoroughfare without a permit 350\n2.2(1)(h) Felling tree onto thoroughfare without a permit 125\n2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 125\n2.2(1)(j) Installing a hoist or other thing on a structure or land for use over a\nthoroughfare without a permit\n2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 125\n2.2(1)(l) Placing a bulk rubbish container on a thoroughfare without a permit 125\n2.2(1)(m) Interfering with anything on a thoroughfare without a permit 125\n2.3(1) Consumption or possession of liquor on thoroughfare 125\n2.4(1) Failure to obtain permit for temporary crossing 250\n2.5(2) Failure to comply with notice to remove crossing and reinstate kerb 350\n2.9(1) Installation of verge treatment other than permissible verge\ntreatment\n2.10 Failure to maintain permissible verge treatment or placement of\nobstruction on verge\n2.11 Failure to comply with notice to rectify a verge treatment 125\n2.17(2) Failure to comply with sign on public place 125\n2.19(1) Driving or taking a vehicle on a closed thoroughfare 350\n3.2(1) Placing advertising sign or affixing any advertisement on a\nthoroughfare without a permit\n3.2(3) Erecting or placing of advertising sign in a prohibited area 125\n4.1(1) Animal or vehicle obstructing a public place or local government\nproperty\n4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 125\n4.2(2)(b) Animal on public place with infectious disease 125\n4.2(2)(c) Training or racing animal on thoroughfare in built-up area 125\n4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 125\n4.5 Person leaving shopping trolley in public place other than trolley bay 125\n4.6(2) Failure to remove shopping trolley upon being advised of location 125\n5.6(1) Driving a vehicle on other than the carriageway of a flora road 250\n5.9 Planting in thoroughfare without a permit 250\n5.11 Failure to obtain permit to clear a thoroughfare 500\n5.13 Burning of thoroughfare without a permit 500\n5.17(1) Construction of firebreak on thoroughfare without a permit 500\n5.19 Commercial harvesting of native flora on thoroughfare 500\n5.20(1) Collecting seed from native flora on thoroughfare without a permit 350\n6.2(1) Conducting of stall in public place without a permit 350\n6.3(1) Trading without a permit 350\n6.8(1)(a) Failure of stallholder or trader to display or carry permit 125\n6.8(1)(b) Stallholder or trader not displaying valid permit 125\n6.8(1)(c) Stallholder or trader not carrying certified scales when selling goods\nby weight\n6.8(2) Stallholder or trader engaged in prohibited conduct 125\n6.10 Performing in a public place without a permit 125\n6.11(2) Failure of performer to move onto another area when directed 125\n6.14 Failure of performer to comply with obligations 125\n6.16 Establishment or conduct of outdoor eating facility without a permit 350\n6.18 Failure of permit holder of outdoor eating facility to comply with\nobligations\n6.20(1) Use of equipment of outdoor eating facility without purchase of food or\ndrink from facility\n6.20(2) Failure to leave outdoor eating facility when requested to do so by\npermit holder\n\n","sortOrder":32},{"sectionNumber":"2236","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2236 GOVERNMENT GAZETTE, WA 17 March 2022\n7.5 Failure to comply with a condition of a permit 125\n7.9 Failure to produce permit on request of authorised person 125\n10.1 Failure to comply with notice given under local law 125\n————\nDated 15th of February 2022.\n\n","sortOrder":33},{"sectionNumber":"2238","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2238 GOVERNMENT GAZETTE, WA 17 March 2022\nCEMETERIES ACT 1986\n1.2 Application\n1.3 Commencement\n1.5 Interpretation\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\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\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2239\n7.11 Australian War Graves\n7.12 Placing of glass domes and vases\nDivision 2—Memorial plaque section\n7.13 Requirements of a memorial plaque\nDivision 3—Licensing of monumental masons\n7.14 Monumental mason’s licence\n7.15 Expiry date, non-transferability\n7.16 Carrying out monumental work\n7.17 Responsibilities of the holder of a monumental mason’s licence\n7.18 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\n2240 GOVERNMENT GAZETTE, WA 17 March 2022\nCEMETERIES ACT 1986\nCemeteries Act 1986 and the\nLocal Government Act 1995 and under\nall other powers enabling it, the Council of the Shire of Dowerin resolved on 15 February 2022 to make\nthe following local law.\nShire of Dowerin Cemeteries Local Law 2022.\n1.2 Application\nThis local law applies to the Dowerin and Minnivale Cemeteries (Reserves 16736 and 14985) located in\nthe district.\n1.3 Commencement\nThe\nShire of Dowerin and Minnivale Cemeteries (Reserves 16736 and 14985) By-laws published in the\nGovernment Gazette on 9 February 1970 is repealed.\n1.5 Interpretation\nIn this local law, unless the context otherwise requires—\nCemeteries Act 1986;\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\nlocal law;\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 current funeral director’s 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, plaque, grave boundary marker, fence or cover, approved\nby the Board, commemorating a grave or placement of ashes;\nmonumental mason’s licence means a licence issued under clause 7.14;\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;\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 affected\nby 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 estate\nof the deceased person; or\n(c) A person having lawful custody of a dead body;\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2241\nset fee refers to fees and charges set by a resolution of the Board and published in the\nGovernment\nGazette, under section 53 of the Act;\nsingle funeral permit means a permit issued by the Board under section 20 or 21 of the Act which\nentitles the holder to conduct at the cemetery a funeral of a person named in the permit;\nvault means a below ground lined grave with one or more sealed compartments constructed to\nspecifications approved from time to time by the Board; and\nvehicle has the same meaning as is given to that word in the\nRoad 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 the\nBoard in respect of the cemeteries.\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 the\nBoard 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 clause 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 dead\nbody.\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 dead\nbody.\n3.4 Minimum notice required\nAll bookings to hold a funeral shall be made with the Board at least 72 hours prior to the time proposed\nfor 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 coffin\nspecifications and details of the vehicle transporting the dead body to the gravesite.\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 not\nstructurally sound or are otherwise inadequate or inappropriate, or on any other grounds.\nPART 5—FUNERALS\n5.1 Requirements for funerals and coffins\nA 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 Part\n3 of this local law;\n\n","sortOrder":34},{"sectionNumber":"2242","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2242 GOVERNMENT GAZETTE, WA 17 March 2022\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 arrive\nat the cemetery gates, and, if not punctually observed, then the applicant who applied to hold the\nfuneral 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 vehicle\nexcept the hearse, and official mourning coaches, shall be permitted to enter the cemetery, unless prior\napproval 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 leave\nimmediately 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 obtain\nany consent required under this local law;\n(f) do or require anything which it considers is necessary or convenient for the conduct of a funeral\nby 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(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\n17 March 2022 GOVERNMENT GAZETTE, WA 2243\n(3) An authorised officer may place the ashes of a deceased person in a cemetery in accordance with the\nBoard 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 not less than 750 mm unless permission to vary the distance\nor 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 authorised\nofficer, 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 vault\nor 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 of\nany memorial or work except with the written approval of the Board.\n7.6 Hours of work\nPersons shall not be permitted to carry out memorial or other work on graves within the cemetery other\nthan during the hours of 8.00am and 6.00pm on weekdays, and 8.00am and noon on Saturdays, without\nthe written permission of the Board.\n7.7 Unfinished work\nShould any work by masons or others be not completed before 6.00pm 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, other\nthan as a temporary marker and with the prior approval of the Board.\n\n","sortOrder":35},{"sectionNumber":"2244","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2244 GOVERNMENT GAZETTE, WA 17 March 2022\n7.9 Plants and Trees\nNo trees or shrubs shall be planted on any grave or within the cemetery except such as shall be approved\nby the CEO.\n7.10 Supervision\nAll workers, whether employed by the Board or by any other person, shall at all times whilst within the\nboundaries of the cemetery be subject to the supervision of the CEO or an authorised officer and shall\nobey such directions as the CEO or an authorised officer may give.\n7.11 Australian War Graves\n(1) Notwithstanding 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\n(1) A 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) in an area set aside by the Board as a memorial plaque, or natural earth burials section.\nDivision 2—Memorial plaque section\n7.13 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 Single—140 mm x 60mm or Double—280mm x 120mm.\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(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 3—Licensing of Monumental Masons\n7.14 Monumental mason’s licence\n(1) The Board may upon receipt of an application in writing by any person and upon payment of the set\nfee 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.\n7.15 Expiry date, non-transferability\n(1) A 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.\n7.16 Carrying out monumental work\n(1) A 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 7.14; 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.\n7.17 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.\n7.18 Cancellation of a monumental mason’s licence\n(1) The Board may by notice in writing to the holder of a monumental mason’s licence terminate the\nlicence on the grounds that the holder of the licence has committed a breach of the requirements and\nconditions of the licence, this local law, the Act or any other written law which may affect the carrying\nout of monumental works.\n(2) Upon the termination of a monumental mason’s license under this clause no part of any fee paid for\nthe issue of that license is refundable by the Board.\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2245\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\nassistance animal as defined in section 9(2) of the\nDisability 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 8.3, 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\nA person shall not—\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.\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 addition\nto any penalty provided by this local law be ordered to leave the cemetery by the Board, the CEO or an\nauthorised 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 further\npenalty not exceeding $20.00 for every day or part of a day during which the offence has continued.\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 fourth\ncolumn 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\nthe Schedule 2.\n(4) The prescribed form of the notice withdrawing an infringement notice referred to in Section 63(3) of\nthe Act is set out in Schedule 3.\nSCHEDULE 1—MODIFIED PENALTIES\n[cl. 9.2]\nOffences and Modified Penalties\nItem\nNo.\nClause Nature of offence Modified\npenalty\n1 5.4(1) Not driving vehicle on vehicular access way or constructed\nroadways or within designated areas\n2 5.4(2) Exceeding speed limit $50.00\n3 7.3 Not removing rubbish and surplus materials $50.00\n4 7.5 Unauthorised use of sand, earth or other material taken from\nanother part of the cemetery\n5 7.7 Leaving uncompleted works in an untidy or unsafe condition $50.00\n6 8.1 Unauthorised bringing in of animal into cemetery or permitting\nanimal to remain in cemetery\n\n","sortOrder":36},{"sectionNumber":"2246","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2246 GOVERNMENT GAZETTE, WA 17 March 2022\nItem\nNo.\nClause Nature of offence Modified\npenalty\n7 8.2 Damaging and removing of objects $50.00\n8 8.4 Littering and vandalism $50.00\n9 8.5 Unauthorised advertising and/or trading $50.00\n10 8.6 Disobeying sign or lawful direction $50.00\n————\n","sortOrder":37},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"INFRINGEMENT NOTICE","content":"SCHEDULE 2—INFRINGEMENT NOTICE\n[cl. 9.2(3)]\nInfringement Notice\nTo:________________________________________________________________________\n(Name)\n(Address)\nIt is alleged that at ___:____hours on________day of____________________20__________\nat _______________________________________________________________________\nyou committed the offence indicated below by an (x) in breach of clause ............ of the\nCemeteries Local Law 2022.\n_______________________\n(Authorised Person)\nOffence\n Not driving vehicle on vehicular access way or designated areas\n Exceeding speed limit\n Not removing rubbish and surplus materials\n Unauthorised use of materials taken from another part of the cemetery\n Leaving uncompleted works in an untidy or unsafe condition\n Unauthorised animal in cemetery\n Damaging and removing of objects\n Littering and vandalism\n Unauthorised advertising and/or trading\n Disobeying sign or lawful direction\n Other Offence: _______________________________________________$____________\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 Dowerin at 13 Cottrell Street, Dowerin WA 6461 during business hours.\nPlease make cheques payable to Shire of Dowerin. Payments by mail should be addressed to—\nThe Chief Executive Officer\nShire of Dowerin, 13 Cottrell Street\nDOWERIN WA 6461\nIf the penalty is not paid within the time specified, then a complaint of the alleged offence may be made\nand heard and determined by a court.\n————\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2247\n","sortOrder":38},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"INFRINGEMENT WITHDRAWAL NOTICE","content":"SCHEDULE 3—INFRINGEMENT 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]\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___________________\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————\nDated: 15 February 2022\npresence of—\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2249\n1.5 Interpretations\n1.6 Licence fees and charges\nPART 2—FENCES\nDivision 1—Sufficient fences\n2.1 Sufficient fences\nDivision 2—General\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\nDivision 3—Fencing materials\n2.10 Pre-used fencing materials\n2.11 Barbed wire fences and spiked or jagged materials\n2.12 Electrified and razor wire fences\n2.13 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\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\n6.2 Modified penalties\n6.3 Form of notices\nPART 7—OBJECTIONS AND REVIEW\n7.1 Objections and review\nOFFENCES AND MODIFIED PENALTIES\n\n2250 GOVERNMENT GAZETTE, WA 17 March 2022\nSCHEDULE 2\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT\nSCHEDULE 3\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL LOT OR AN INDUSTRIAL\nLOT\nSCHEDULE 4\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A RURAL LOT OR SPECIAL RURAL LOT\nSCHEDULE 5\nLICENCE FOR APPROVED ELECTRIFIED FENCE\nSCHEDULE 6\nLICENCE FOR APPROVED RAZOR WIRE FENCE\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2251\nLocal Government Act 1995 and all other powers enabling it, the\nShire of Dowerin resolved on 15 February 2022 to make the following local law.\nThis local law is the\nShire of Dowerin Fencing Local Law 2022.\nThis local law applies throughout the district.\nThe\nShire of Dowerin Fencing Local Law 2008 published in the\nGovernment Gazette on 30 September\n2008 is repealed.\n1.5 Interpretations\nIn this local law—\nDividing Fences Act 1961;\napplicant means a person who makes an application for approval under this local law;\nAS or AS/NZS means an Australian or Australian/New Zealand Standard as published by\nStandards Australia and as amended from time to time.\nauthorised person means a person appointed by the local government to perform any of the\nfunctions under this local law;\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 Code has the meaning given in section 3 of the\nBuilding Regulations 2012;\nBuilding Surveyor means a Building Surveyor of the local government;\nCEO means the Chief Executive Officer of the local government;\nCommercial Lot means a lot zoned as commercial under the local planning scheme;\ndangerous in relation to any fence means—\n(a) an electrified fence other than a fence approved by the local government under this local\nlaw;\n(b) a fence containing barbed wire other than a fence erected and maintained in accordance\nwith this local law;\n(c) a fence containing exposed broken glass, asbestos fibre, razor wire or any other\npotentially harmful projection or material; or\n(d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall, from\nany cause;\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;\nfront boundary means the boundary line between a lot and the thoroughfare upon which that lot\nabuts, or in the case of a lot abutting on more than one thoroughfare, the boundary line between\nthe lot and the primary thoroughfare;\nfront fence means a fence erected on the front boundary of a lot or on a line adjacent to the front\nboundary;\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;\n\n","sortOrder":39},{"sectionNumber":"2252","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2252 GOVERNMENT GAZETTE, WA 17 March 2022\nIndustrial Lot means a lot where an industrial use—\nlicence means an electrified fence licence or a razor wire fence licence;\nlocal government property means anything except a thoroughfare—\n(a) which belongs to the local government;\n(b) of which the local government is the management body under the\nLand Administration\nAct 1997; or\n(c) which is an “otherwise unvested facility” under section 3.53 of the\nAct 1995;\nlocal planning scheme means a local planning scheme and includes any structure plan adopted\nor approved by the local government made under the\nlot has the meaning given to it in the\nnotice of breach means a notice referred to in clause 5.1;\noccupier has the meaning given to it in the\nowner has the meaning given to it in the\nrazor wire fence means a coiled strong wire with pieces of sharp cutting edges set across it at\nclose intervals;\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 another;\nRural Lot means a lot where a rural use—\nSchedule means a Schedule to this local law;\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\nLocal Government Act 1995, but does not include\na private thoroughfare which is not under the management or control of the local government.\n1.6 Licence fees and charges\nAll licence fees and charges applicable under this local law shall be determined by the local government\nfrom time to time in accordance with section 6.16 to 6.19 of the\nLocal Government Act 1995.\nPART 2—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.\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 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\n17 March 2022 GOVERNMENT GAZETTE, WA 2253\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 and 4.\n(5) Unless an authorised person 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 constructed\nof masonry, stone or concrete shall be a sufficient fence only if it is designed by a suitably qualified\nstructural engineer and constructed in accordance with that design where—\n(a) it is greater than 1800 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 1800 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 fence\ngreater than 1200 millimetres in height, within the front set-back area of a Residential Lot within the\ndistrict.\n(2) The Building Surveyor may approve the erection of a fence of a height greater than 1200 millimetres\nin the front setback area of a Residential Lot only if the fence on each side of the driveway into the lot\nacross the front boundary is to be angled into the lot for a distance of not less than 1500 millimetres\nalong the frontage to a distance of not less than 1500 millimetres from the frontage in order to provide\nappropriate splayed lines of vision for a motorist using the driveway for access to a thoroughfare.\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; 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 unless the\napproval of the local government has been obtained.\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 1500 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 prevent\nit 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 intended\nand 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 separated\nby 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 Fencing design certification\nWhere required by the Building Surveyor, fencing designs are to be certified by a practicing structural\nengineer as being suitable for wind loadings found in Region D Category 2 areas in accordance with the\ncurrent edition of AS/NZS 1170.0:2002 Structural design actions—General principles.\n\n","sortOrder":40},{"sectionNumber":"2254","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2254 GOVERNMENT GAZETTE, WA 17 March 2022\n2.10 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.\n2.11 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 150mm from the face of the fence and is not nearer than 2000mm from the\nground 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 set back 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 shall not erect, affix or allow to remain any barbed wire upon a\nfence on that lot where the fence is adjacent to a thoroughfare or other public place unless the barbed\nwire is fixed to the top or to the side of the fence posts furthest from the thoroughfare or other public\nplace.\n2.12 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 5; or\n(b) construct a fence wholly or partly of razor wire on that lot without obtaining the approval of\nthe local government in the form prescribed in Schedule 6.\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—Electric\nsecurity fences; 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 3000 millimetres of the boundary of the lot; or\n(b) where any razor wire used in the construction of the fence is less than 2000 millimetres or more\nthan 2400 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 owner\nof the lot on which the fence is or is to be erected, or by the occupier of the lot with the written consent\nof the owner.\n2.13 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, that\nperson 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;\n(c) provide the information required by the form; and\ngovernment under and in accordance with sections 6.16 to 6.19 of the\nAct 1995.\n(3) The local government may require an applicant to provide additional information reasonably related\nto 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 accordance\nwith subclauses (2) and (3).\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2255\n3.2 Decision on application for approval\n(1) The local government may—\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\nthat refusal to the applicant.\n(4) Where a clause of this local law refers to conditions which may be imposed on an approval or which\nare to be taken to be imposed on an approval, the clause does not limit the power of the local government\nto 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—\n(a) runs with the lot to which it relates;\n(b) may be relied upon by any subsequent occupier or owner of the lot; and\n(c) may be enforced by the local government against a subsequent occupier or owner of the lot.\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 local\ngovernment 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 employees,\nagents or contractors enter upon the lot to which the notice relates and remedy the breach, and may\nrecover the expenses of so doing from the owner of the lot in a court of competent jurisdiction.\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\nLocal Government Act 1995 and any entry on to land will be in accordance with Part 3, Division 3\nof that 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 conviction\nto a penalty of not less than $250 and not exceeding $5000 and, if the offence is a continuing offence, to\na 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 $5000 and, if the\noffence is a continuing offence, to a maximum daily penalty of $500.\n6.2 Modified penalties\n(1) An offence against any provision of this local law is a prescribed offence for the purposes of section\n9.16(1) of the\nLocal Government Act 1995.\n(2) The amount appearing in the final column of Schedule 1, directly opposite a prescribed offence in\nthat Schedule, is the modified penalty for that prescribed offence.\n(3) Before giving an infringement notice to a person in respect of the commission of a prescribed offence,\nan authorised person should be satisfied that—\n(a) commission of the prescribed offence is a relatively minor matter; and\n(b) only straightforward issues of law and fact are involved in determining whether the prescribed\noffence was committed, and the facts in issue are readily ascertainable.\n\n","sortOrder":41},{"sectionNumber":"2256","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2256 GOVERNMENT GAZETTE, WA 17 March 2022\n6.3 Form of notices\nFor the purposes of this local law—\n(a) the form of the infringement notice referred to in sections 9.16 and 9.17 of the\nLocal\nGovernment Act 1995 is to be in the form of Form 2 of Schedule 1 of the\n(Functions and General) Regulations 1996; and\n(b) the form of the withdrawal of infringement notice referred to in section 9.20 of the\nLocal\nGovernment Act 1995 is to be in the form of Form 3 in Schedule 1 of the\n(Functions and General) Regulations 1996.\nPART 7—OBJECTIONS AND REVIEW\n7.1 Objections and review\nWhen the local government makes a decision under clause 3.2, the provisions of Part 9 Division 1 of the\nLocal Government Act 1995, and regulation 33 of the\nLocal Government (Functions and General)\nRegulations 1996, apply to that decision.\nOFFENCES AND MODIFIED PENALTIES\n[clause 6.2(2)]\nItem No Clause No. Nature of offence Modified penalties\n$\n1 2.1(1) Erect a fence which is not a sufficient fence 250\n2 2.2 Erect a fence greater than 1 200mm in height\nwithin a front setback area of a residential lot\nwithout the written consent of the Building\nSurveyor\n3 2.3(a) Erect a gate in a fence not opening into the lot 200\n4 2.3(b) Erect a gate in a fence not sliding parallel and\ninside a fence\n5 2.6 Failure to maintain a fence in good condition to\nprevent the fence becoming dangerous,\ndilapidated or unsightly\n6 2.7 Erect or maintain a fence or obstruction of\ntemporary or permanent nature across a right-\nof way, public access way or thoroughfare\nwithout approval\n7 2.10(1) Construct a fence on a Residential, Commercial\nor Industrial Lot from pre-used materials\nwithout written approval\n8 2.11(2) Erect a fence using barbed wire or material with\nspiked or jagged projections in the fence\nconstruction without approval\n9 2.12(1) Construct, erect or use razor wire in a fence or\nelectrify a fence without approval\n10 2.13 Affix, or use, any broken glass in a fence 250\n11 3.3 Failure to comply with terms or conditions of\napproval\n12 6.1 Failure to comply with notice of breach 250\n————\nSCHEDULE 2\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 and the fence\ndesign being certified by a practicing structural engineer as being suitable for wind loadings found in\nRegion D Category 2 areas in accordance with the current edition of AS/NZS 1170.0:2002 Structural\ndesign actions—General principles.\nTimber fence\n(a) corner posts to be 125mm x 125mm x 2400mm and intermediate posts to be 125mm x 75mm x\n2400mm spaced at 2400mm centres;\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2257\n(b) corner posts to be strutted two ways with 100mm x 50mm x 450mm sole plates and 75mm x\n50mm struts;\n(c) intermediate posts to be doubled yankee strutted with 150mm x 25mm x 450mm struts;\n(d) all posts to have tops with a 60mm weather cut and to be sunk at least 600mm into the ground;\n(e) rails to be 75mm x 50mm with each rail spanning 2 bays of fencing double railed or bolted to\neach post with joints staggered;\n(f) the fence to be covered with 75mm x 20mm sawn pickets, 1800mm in height placed 75mm apart\nand affixed securely to each rail; and\n(g) the height of the fence to be 1800mm except with respect to the front set back area for which\nCorrugated 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 case shall\nhave a minimum in-ground depth of 600mm;\n(b) the total height and depth of the fence to consist of a single continuous fibre reinforced cement\nor steel sheet;\n(c) the sheets to be lapped and capped with extruded “snap-fit” type capping in accordance with\nthe manufacturers written instructions; and\n(d) the height of the fence to be 1800mm except with respect to the front set back area for which\nBrick, 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 professional engineer in accordance with AS 2870-\n","sortOrder":42},{"sectionNumber":"2011","sectionType":"section","heading":"Residential slabs and footings as amended;","content":"2011 Residential slabs and footings as amended;\n(b) the footing is to be designed in accordance with AS 2870-2011 Residential slabs and footings as\namended;\n(c) footings of minimum 225mm x 150mm concrete 15MPa or 300mm x 175mm brick laid in cement\nmortar;\n(d) fences to be offset a minimum of 200mm at maximum 3000mm centres or 225mm x 100mm\nengaged piers to be provided at maximum 3000mm centres;\n(e) expansion joints in accordance with the manufacturer’s written instructions; and\n(f) the height of the fence to be 1800mm except with respect to the front set back area for which\nComposite fence\nA composite fence which satisfies the following specifications for the brick construction—\n(1) (a) brick piers of minimum 345mm x 345mm at 1800mm centres bonded to a minimum height base\nwall of 514mm;\n(b) each pier shall be reinforced with one R10 galvanised starting rod 1500mm high with a 250mm\nhorizontal leg bedded into a 500mm x 200mm concrete footing and set 65mm above the base of\nthe footing. The top of the footing shall be 1 course (85mm) below ground level;\n(c) the minimum ultimate strength of brickwork shall by 20MPa. Mortar shall be a mix of 1 part\ncement, 1 part lime and 6 parts sand;\n(d) the ground under the footings is to be compacted to 6 blows per 300mm and checked with a\nstandard 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 345mm x 345mm x 2700mm centres bonded to the base wall; and\n(b) each pier shall be reinforced with two R10 galvanised starting rods as previously specified.\n————\n\n","sortOrder":43},{"sectionNumber":"2258","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2258 GOVERNMENT GAZETTE, WA 17 March 2022\nSCHEDULE 3\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL LOT OR AN INDUSTRIAL\nLOT\n[clause 2.1(2)(b)]\nEach of the identified categories in this Schedule, with minimum and maximum specifications where\nstated, is a sufficient fence on a Commercial Lot or an Industrial Lot and the fence design being certified\nby a practicing structural engineer as being suitable for wind loadings found in Region D Category 2\nareas in accordance with the current edition of AS/NZS 1170.0:2002 Structural design actions—General\nprinciples.\nGalvanised 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 minimum 50mm nominal bore x 3.5mm and with footings of a 225mm\ndiameter x 900mm;\n(b) intermediate posts to be minimum 37mm nominal bore x 3.15mm at maximum 3.5m centres\nand with footings of a 225mm diameter x 600mm;\n(c) struts to be minimum 30mm nominal bore x 3.15mm fitted at each gate and 2 at each corner\npost and with footings 225mm x 600mm;\n(d) cables to be affixed to the top, centre and bottom of all posts and to consist of 2 or more 3.15mm\nwires twisted together or single 4mm wire;\n(e) non-rail link, chain or steel mesh is to be to a height of 2000mm on top of which are to be 3\nstrands of barbed wire carrying the fence to a height of 2400mm in accordance with the\nrequirements and standards of the local planning schemes; and\n(f) galvanised link mesh wire to be 2000mm in height and constructed of 50mm mesh 2.5mm\ngalvanised iron wire and to be strained, neatly secured and laced to the posts and affixed to\ncables. Vehicle entry gates shall provide an opening of not less than 3.6m and shall be\nconstructed of 25mm tubular framework with 1 horizontal and 1 vertical stay constructed of\n20mm piping and shall be covered with 50mm x 2.5mm galvanised link mesh strained to\nframework. Gates shall be fixed with a drop bolt and locking attachment.\nOther fences\n(a) a fence of cement sheet or steel sheeting constructed to the minimum specifications referred to\nin 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 1800mm but no greater than\n2400mm; or\n(c) a fence of timber, brick, stone or concrete constructed to the minimum specifications referred\nto in Schedule 2.\n————\n","sortOrder":44},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":null,"content":"SCHEDULE 4\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A RURAL LOT OR SPECIAL RURAL LOT\n[clause 2.1(2)(c)]\nEach of the identified categories in this Schedule, with minimum and maximum specifications where\nstated is a sufficient fence on a Rural Lot or a Special Rural Lot and the fence design being certified by\na practicing structural engineer as being suitable for wind loadings found in Region D Category 2 areas\nin accordance with the current edition of AS/NZS 1170.0:2002 Structural design actions—General\nprinciples.\nNon-electrified fence\n(a) wire shall be high tensile wire and not less than 2.5mm. A minimum of 5 wires shall be used,\ngenerally with the lower wires spaced closer together than the higher wires so as to prevent\nsmaller 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) posts shall be cut not less than 1800mm long x 50mm diameter at small end if round or 125mm\nx 60mm if split or sawn timber.\n(d) posts to be set minimum 600mm in the ground and 1 200mm above the ground; and\n(e) strainer posts shall be not less than 2250mm long and 150mm diameter at the small end\n(tubular steel to be 50mm in diameter) and shall be cut from indigenous timber or other\nsuitable material. These shall be placed a minimum of 1000mm in the ground.\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2259\nElectrified fence\nAn electrified fence having 4 wires is a sufficient fence if constructed generally in accordance with a\nnon-electrified fence.\n————\n","sortOrder":45},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":null,"content":"SCHEDULE 5\nLICENCE FOR APPROVED ELECTRIFIED FENCE\n[clause 2.11(1)(a)]\nThis is to certify that\n(1)_______________________________________________________________________________\nof (2)\nis licensed , subject to the conditions set out below, to have and use an electrified fence on\n(address)\nfrom __________________20 _________ and until this licence is transferred or cancelled.\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 fence\nhas 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 of which\nthe licence has been granted, notify the Chief Executive Officer in writing of the details of that change\nor those changes;\n(d) obtain the written consent of the local government prior to the commencement of any alteration,\naddition or other work relating to or affecting the electrified fence; and\n(e) comply with AS/NZS 3016:2002 Electrical installations—Electric security fences.\nTransfer by Endorsement\nThis licence is transferred to (3)\n________________________________________________________________\nof (4)\nfrom and including the date of this endorsement.\n______________________________________________________________________________________________\n(1) Name\n(2) Address\n(3) Name\n(4) Address\n————\n\n","sortOrder":46},{"sectionNumber":"2260","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2260 GOVERNMENT GAZETTE, WA 17 March 2022\n","sortOrder":47},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":null,"content":"SCHEDULE 6\nLICENCE FOR APPROVED RAZOR WIRE FENCE\n[clause 2.11(1)(b)]\nThis is to certify that (1)\n_____________________________________________________________________\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.\n[insert name of local government]\nConditions of licence—\n(a) display the licence in a prominent position on the land or premises on which the fence has been\nerected;\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 of which\nthe licence has been granted, notify the Chief Executive Officer in writing of the details of that change\nor those changes; and\n(d) obtain the written consent of the local government prior to the commencement of any alteration,\naddition 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______________________________________________________________________________________________\n(1) Name\n(2) Address\n(3) Name\n(4) Address\n————\nDated 15th of February 2022.\n\n","sortOrder":48},{"sectionNumber":"2262","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2262 GOVERNMENT GAZETTE, WA 17 March 2022\n1.4 Interpretation\n1.5 Repeal\nPART 2—ESTABLISHMENT AND MEMBERSHIP OF COMMITTEES\n2.1 Establishment of committees\n2.2 Types of committees\n2.3 Delegation of some powers and duties to certain committees\n2.4 Limits on delegation of powers and duties to certain committees\n2.5 Appointment of committee members\n2.6 Tenure of committee membership\n2.7 Resignation of committee members\n2.8 Register of delegations to committees\n2.9 Committees to report\nPART 3—CALLING AND CONVENING MEETINGS\n3.1 Ordinary and special council meetings\n3.2 Calling council meetings\n3.3 Convening council meetings\n3.4 Calling committee meetings\n3.5 Public notice of meetings\nPART 4—PRESIDING MEMBER AND QUORUM\n4.1 Who presides\n4.2 When the deputy president can act\n4.3 Who acts if no president\n4.4 Election of presiding member of a committee\n4.5 Election of deputy presiding member of a committee\n4.6 Functions of deputy presiding member\n4.7 Who acts if no presiding member\n4.8 Quorum for meetings\n4.9 Reduction of quorum for council meetings\n4.10 Reduction of quorum for committee meetings\n4.11 Procedure where no quorum to begin a meeting\n4.12 Procedure where quorum not present during a meeting\n4.13 Names to be recorded\nPART 5—BUSINESS OF A MEETING\n5.1 Business to be specified\n5.2 Order of business\n5.3 Motions of which previous notice has been given\n5.4 New business of an urgent nature\n5.5 Adoption by exception resolution\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2263\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 With due notice\n7.2 Without due notice\nPART 8—CONDUCT OF MEMBERS\n8.1 Members to be in their proper places\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\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\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 Member may require motion to be read\n10.7 Consent of seconder required for alteration\n\n","sortOrder":49},{"sectionNumber":"2264","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2264 GOVERNMENT GAZETTE, WA 17 March 2022\n10.8 Order of amendments\n10.9 Form of an amendment\n10.10 Amendment must not negate original motion\n10.11 Relevance of amendments\n10.12 Mover of motion may speak on amendment\n10.13 Effect of an amendment\n10.14 Withdrawal of motion or amendment\n10.15 Right of reply\n","sortOrder":50},{"sectionNumber":"Part 11","sectionType":"part","heading":"PROCEDURAL MOTIONS AND MOTIONS CONCERNING BEHAVIOUR","content":"PART 11—PROCEDURAL MOTIONS AND MOTIONS CONCERNING BEHAVIOUR\nUNDER THE CODE OF CONDUCT\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 Motion to be put\n11.9 Member to be no longer heard\n11.10 Ruling of the presiding member to be disagreed with\n","sortOrder":51},{"sectionNumber":"Part 12","sectionType":"part","heading":"DISCLOSURE OF INTERESTS","content":"PART 12—DISCLOSURE OF INTERESTS\n12.1 Disclosure of interests\n","sortOrder":52},{"sectionNumber":"Part 13","sectionType":"part","heading":"VOTING","content":"PART 13—VOTING\n13.1 Motion—when put\n13.2 Voting\n13.3 Majorities required for decisions\n13.4 Method of taking vote\n","sortOrder":53},{"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":54},{"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":55},{"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":56},{"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 laws\n","sortOrder":57},{"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 electors’ general meetings\n18.3 Electors’ special meetings\n18.4 Requests for electors’ special meetings\n18.5 Convening electors’ meetings\n18.6 Who presides at electors’ meetings\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2265\n18.7 Procedure for electors’ meetings\n18.8 Participation of non-electors\n18.9 Voting at electors’ meetings\n18.10 Minutes of electors’ meetings\n18.11 Decisions made at electors’ meetings\n","sortOrder":58},{"sectionNumber":"Part 19","sectionType":"part","heading":"ENFORCEMENT","content":"PART 19—ENFORCEMENT\n19.1 Penalty for breach\n19.2 Who can prosecute\n","sortOrder":59},{"sectionNumber":"Part 20","sectionType":"part","heading":"COMMON SEAL","content":"PART 20—COMMON SEAL\n20.1 Local government common seal\n\n","sortOrder":60},{"sectionNumber":"2266","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2266 GOVERNMENT GAZETTE, WA 17 March 2022\nLocal Government Act 1995 and under all other relevant powers,\nthe Council of the Shire of Dowerin resolved on 15 February 2022 to make the following local law.\nShire of Dowerin Meetings Procedures Local Law 2022.\nAll meetings are to be conducted in accordance with the Act, the Regulations and this local law.\n1.4 Interpretation\n(1) In this local law unless the context otherwise requires—\nabsolute majority has the meaning given to it in the Act;\nCEO means the chief executive officer of the local government;\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 local government;\ndistrict means the district of the local government\n;\nmeeting means a meeting of the council or a committee, as the context requires;\nmember has the meaning given to it in the Act;\npresident means the president of the local government or other presiding member at a council\nmeeting under section 5.6 of the Act;\npresiding member means—\n(a) in respect of the council, the person presiding under section 5.6 of the Act; and\n(b) in respect of a committee, the person presiding under sections 5.12, 5.13, and 5.14 of the\nAct;\nRegulations means the\nLocal Government (Administration) Regulations 1996;\nsimple majority means more than 50% of the members present and voting; and\nsubstantive motion means an original motion or an original motion as amended, but does not\ninclude an amendment or a procedural motion.\n(2) Unless otherwise defined in this local law, the terms and expressions used in this local law is to\nhave the meaning given to them in the Act and Regulations.\n1.5 Repeal\nThe\nShire of Dowerin Standing Orders Local Law 2001 published in the\nGovernment Gazette on\n","sortOrder":61},{"sectionNumber":"8","sectionType":"section","heading":"January 2002 is repealed.","content":"8 January 2002 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, employees and other persons to be appointed to the committee;\n(c) the names or titles of the council members and employees to be appointed to the committee;\n(d) the names of other persons to be appointed to the committee or an explanation of the procedure\nto 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 Act.\n(3) This local law is to apply to the conduct of committee meetings.\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2267\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 member\nof a committee or any two members of that committee.\n3.5 Public notice of meetings\nPublic notice of meetings is dealt with in the Regulations.\nPART 4—PRESIDING MEMBER AND QUORUM\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 member of a committee\nThe election of a presiding member of a committee is dealt with in the Act.\n4.5 Election of deputy presiding member of a committee\nThe election of deputy presiding member of a committee is dealt with in the Act.\n4.6 Functions of deputy presiding member\nThe functions of deputy presiding member are dealt with in the Act.\n\n","sortOrder":62},{"sectionNumber":"2268","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2268 GOVERNMENT GAZETTE, WA 17 March 2022\n4.7 Who acts if no presiding member\nWho acts if no presiding member is dealt with in the Act.\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 notice\nas the purpose of the meeting.\n(3) Subject to subclause (4), no business is to be transacted at an adjourned meeting of the council other\nthan that—\n(a) specified in the notice of the meeting which had been adjourned; and\n(b) which remains unresolved.\n(4) Where a meeting is adjourned to the next ordinary meeting of the council then, unless the council\nresolves otherwise, the business unresolved at the adjourned meeting is to be dealt with before\nconsidering employee reports (Clause 5.2(1), Item 10) 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 council\nis to be as follows—\n1. Official Opening/Obituaries\n2. Record of Attendance/Apologies/Leave of Absence\n3. Public Question Time\n4. Disclosure of Interest\n5. Applications for Leave of Absence\n6. Petitions and Presentations\n7. Confirmation of Minutes of the Previous Meetings\n8. Minutes of Committee Meetings to be Received\n9. Recommendations from Committee Meetings for Council Consideration\n10. Announcements without Discussion\n11. Reports—Corporate and Community Services\n12. Reports—Governance and Compliance\n13. Reports—Works and Assets\n14. Urgent Business Approved by the Person Presiding or by Decision\n15. Elected Members’ Motions\n16. Matters Behind Closed Doors\n17. Closure\n(2) Unless otherwise decided by the council, the order of business at any special meeting of the council\nis to be the order in which that business stands in the agenda of the meeting.\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2269\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 laws otherwise provides, 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 given\nin 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 working days before the meeting at\nwhich 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) with the concurrence of the president or presiding member, may exclude from the notice paper\nany notice of motion deemed to be, or likely to involve, a breach of these meeting procedures or\nany other written law;\n(b) will inform members on each occasion that a notice has been excluded and the reasons for that\nexclusion;\n(c) may, after consultation with the member where this is practicable, make such amendments to\nthe form but not the substance as will bring the notice of motion into due form; and\n(d) 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 member\nin 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 or\nto 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 meeting.\n(2) In subclause (1), ‘cases of extreme urgency or other special circumstances’ means matters that have\narisen after the preparation of the agenda that are considered by the presiding member to be of such\nimportance and urgency that they are unable to be dealt with administratively by the local government\nand 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 effect\nof adopting, for a number of specifically identified reports, the employee recommendation as the council\nresolution.\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 an absolute 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 of\nthe 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 employee or person specified by the presiding member; and\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\n","sortOrder":63},{"sectionNumber":"2270","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2270 GOVERNMENT GAZETTE, WA 17 March 2022\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) Once the meeting is reopened to members of the public, the presiding member is to ensure that any\nresolution of the council made while the meeting was closed is to be read out including a vote of a\nmember 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 members\nof 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 to\nphrase the question in a manner that is not offensive or defamatory.\n(8) A member of the public shall have two 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 acknowledge\nthe presence of the distinguished visitor at an appropriate time during the meeting, and the presence\nof 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(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\n17 March 2022 GOVERNMENT GAZETTE, WA 2271\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 each\nelector 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 CEO to be included\nin his or her deliberations and report on the matter that is the subject of the petition.\n(3) At any meeting, the council is not to vote on any matter that is the subject of a petition presented to\nthat 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\npresentation 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.\nA member of the public is entitled to attend a committee meeting only where a local government power\nor duty has been delegated to that committee: see section 5.23(1)(b) of the Act.\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 address\nimmediately 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 be the subject of a\nnumber of deputations, the council may resolve to meet at another time to provide a greater opportunity\nto be heard.\n(2) The CEO and the president shall set the time and date of the meeting to provide the opportunity to\nbe 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 meet\nto provide an opportunity to be heard;\n(b) provide a written invitation to attend the meeting to provide the opportunity to be heard to all\nmembers of the public who have applied under clause 6.9 to make a deputation on the issue;\nand\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 the\nopportunity to fully state his or her case.\n(6) A member of the public shall be limited to 10 minutes in making an oral submission, but this period\nmay be extended at the discretion of the presiding member.\n\n","sortOrder":64},{"sectionNumber":"2272","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2272 GOVERNMENT GAZETTE, WA 17 March 2022\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 opportunity\nto 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 13 Cottrell Street Dowerin WA 6461 and on the local government’s\nwebsite.\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\n“Confidential” in the agenda; and\n(c) kept confidential by members and employees until the council resolves otherwise.\n(2) A member or an employee 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 employee 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 employee discloses the information to his or her\nlawyer or a government employee for the purpose of seeking advice in order to lawfully fulfil his or her\nrole and responsibilities.\n6.16 Recording of proceedings\nA 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.\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 With due notice\n(1) A question on notice is to be given by a member in writing to the CEO at least four (4) business days\nbefore 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 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 discussion\nis to be allowed thereon, unless with the consent of the presiding member.\n7.2 Without due notice\n(1) Members may ask questions relating to an item on the notice paper or on matters related to the\ngood government of persons in the district.\n(2) A member requesting general information from an employee at a Council or committee meeting may\nask a question without notice and with the consent of the presiding member, may ask one or more\nfurther questions of that employee or another employee present at the meeting.\n(3) Where possible the employee must endeavour to answer the question to the best of his or her\nknowledge and ability, however, if the information is unavailable or the answer requires research or\ninvestigation, the employee may ask that—\n(a) the question be placed on notice for the next meeting of Council; or committee; and\n(b) the answer to the question be given to the member who asked it within 14 days.\n(4) Every question and answer—\n(a) is to be brief and concise; and\n(b) is not to be accompanied by argument, expression of opinion or statement of facts, except to the\nextent necessary to explain the question or answer.\n(5) In answering any question, an employee may qualify his or her answer and may at a later time in\nmeeting or at a subsequent meeting alter, correct, add to or otherwise amend the original answer.\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2273\nPART 8—CONDUCT OF MEMBERS\n8.1 Members to be in their proper places\n(1) At the first meeting held after each election day, or at any other time considered necessary, each\nmember is to be allocated a seat at the Council Table by the CEO.\n(2) Each member is to occupy his or her allocated position at each Council meeting.\n8.2 Respect to the presiding member\nAfter the business of a council has commenced, a member is not to enter or leave the meeting without\nfirst paying due respect to the presiding member.\n8.3 Titles to be used\nA speaker, when referring to the president, deputy president or presiding member, or a member or\nemployee, 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\nA member of the council who wishes to speak is to indicate his or her intention to speak by raising his\nor her hand or by another method agreed by the council.\n8.6 Priority of speaking\n(1) Where two or more members indicate, at the same time, their intention to speak, the presiding\nmember is to decide which member is entitled to be heard first.\n(2) A decision of the presiding member under subclause (1) is not open to discussion or dissent.\n(3) A member 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 council\nwhich, 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 motion 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 (see clause 11.1(e)).\n\n","sortOrder":65},{"sectionNumber":"2274","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2274 GOVERNMENT GAZETTE, WA 17 March 2022\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 immediately\nor 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.\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 (see 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 decision\nbe revoked or changed.\n(2) A member is not—\n(a) to reflect adversely on the character or actions of another member or employee; or\n(b) to impute any motive to a member or employee\nunless the meeting resolves, without debate, that the motion then before the meeting cannot otherwise\nbe adequately considered.\n(3) A member is not to use offensive or insulting expressions in reference to any member, employee or\nother 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 for\nverification; 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 employee; or\n(ii) imputes any motive to a member or employee; 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 call\non 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 considered necessary, may call any\nmember or other person to order.\n(2) When the presiding member speaks during a debate, any member then speaking, or indicating that\nhe or she wishes to speak, is immediately to sit down and every member present is to preserve strict\nsilence so that the presiding member may be heard without interruption.\n(3) Subclause (2) is not used to by the presiding member to exercise the right provided in clause in\nclause 8.7, but not 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.\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2275\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 immediately cease speaking 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 law.\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 rejecting\nthe point of order.\n(2) A ruling by the presiding member on a point of order is to be final unless the majority of members\nthen present and voting, on a motion moved immediately after the ruling, dissent from the ruling.\n(3) Subject to a motion of dissent being carried under subclause (2), if the presiding member rules that—\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 under\nclause 9.5(3),\nthe presiding member may direct the member to refrain from taking any further part in the debate of\nthat item, 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 purpose\nof preserving or regaining order, the second or subsequent adjournment may be to a later time on the\nsame day or to another day.\nPART 10—DEBATE OF SUBSTANTIVE MOTIONS\n10.1 Motions to be stated\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 the\nmotion 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 and\nwithout taking a vote.\n(3) A motion declared carried under this clause is to be recorded in the minutes as a unanimous decision\nof 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\n(1) When a substantive motion is under debate at a meeting of the council, no further substantive\nmotion is to be accepted.\n(2) The council is not to consider more than one substantive motion at any time.\n\n","sortOrder":66},{"sectionNumber":"2276","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2276 GOVERNMENT GAZETTE, WA 17 March 2022\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 Member may require motion to be read\nA member may require the motion or matter under discussion to be read at any time during a debate,\nbut not so as to interrupt any other member who is speaking.\n10.7 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.\n10.8 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 until\nthe first amendment has been withdrawn, carried or lost.\n10.9 Form of an amendment\nAn amendment must add, delete, or substitute words to the substantive motion.\n10.10 Amendment must not negate original motion\nAn amendment to a substantive motion cannot negate the original motion or the intent of the original\nmotion.\n10.11 Relevance of amendments\nEach amendment is to be relevant to the motion in respect of which it is moved.\n10.12 Mover of motion may speak on amendment\nAny member may speak during debate on an amendment.\n10.13 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.\n10.14 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.\n10.15 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 conclusion\nof the discussion on the substantive motion and any amendments.\n(4) After the mover of the substantive motion has commenced the reply—\n(a) no other member is to speak on the motion;\n(b) there is to be no further discussion on, or any further amendment to, the motion.\n(5) The right of the reply is to be confined to rebutting arguments raised by previous speakers and no\nnew matter is to be introduced.\n(6) At the conclusion of the right of reply, the substantive motion, or the substantive motion as amended,\nis immediately to be put to the vote.\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2277\nPART 11—PROCEDURAL MOTIONS AND MOTIONS CONCERNING BEHAVIOUR UNDER\nTHE CODE OF CONDUCT\n11.1 Permissible procedural motions\nIn addition to the right to move an amendment to a substantive motion (under Part 10), a member may\nmove the following procedural motions—\n(a) that the meeting proceed to the next item of business;\n(b) that the debate be adjourned;\n(c) that the meeting now adjourn;\n(d) that the motion be now put;\n(e) that the member be no longer heard;\n(f) that the ruling of the presiding member be disagreed with;\n(g) that the meeting be closed to the public (see clause 6.2).\n11.2 No debate\n(1) The mover of a motion specified in paragraph (a), (b), (c), (f) or (g) of clause 11.1 may speak to the\nmotion for not more than five 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(2) The mover of a motion specified in paragraph (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 and\nforces a decision on the substantive motion or amendment does not deny the right of reply to the mover\nof 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 of\nthe council.\n(2) Before putting the motion for the adjournment of the council, the presiding member may seek leave\nof the council to deal first with matters that may be the subject of an adoption by exception resolution\n(see 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 Motion to be put\n(1) If the motion “that the motion be now put”, is carried during debate on a substantive motion without\namendment, the presiding member is to offer the right of reply and then put the motion to the vote\nwithout further debate.\n(2) If the motion “that the motion be now put” is carried during discussion of an amendment, the\npresiding member is to put the amendment to the vote without further debate.\n(3) This motion, if lost, causes debate to continue.\n\n","sortOrder":67},{"sectionNumber":"2278","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2278 GOVERNMENT GAZETTE, WA 17 March 2022\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 Motion—when put\n(1) Immediately after the debate on any motion is concluded and the right of reply has been exercised,\nthe presiding member—\n(a) is to put the motion to the council; and\n(b) if requested by any member, is to again state the terms of the motion.\n(2) A member is not to leave the meeting when the presiding member is putting any motion.\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 motion, first in the affirmative, and then in the negative;\n(b) may put the motion in this way as often as may be necessary to enable him or her to determine\nwhether 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 raised\nhands.\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 vote\nor votes, as the case may be, to be recorded in the minutes.\n(4) If a member calls for a division—\n(a) those voting in the affirmative are to pass to the right of the Chair; and\n(b) those voting in the negative are to pass to the left of the Chair.\n(5) For every division, the CEO is to record—\n(a) the name of each member who voted; and\n(b) whether he or she voted in the affirmative or negative.\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 is 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.\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2279\n14.4 Confirmation of minutes\n(1) When minutes of an ordinary meeting of the council are distributed for consideration prior to their\nconfirmation at the next meeting, if a member is dissatisfied with the accuracy of the minutes, the\nmember may provide the local government with a written copy of the alternative wording to amend the\nminutes no later than 7 working days before the next ordinary meeting of the council.\n(2) At the next ordinary meeting of the council, the member who provided the alternative wording shall,\nat the time for confirmation of minutes—\n(a) state the item or items with which he or she is dissatisfied; and\n(b) propose a motion clearly outlining the alternative wording to amend the minutes.\n(3) Members must not discuss items of business contained in the minutes, other than 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 [speaking twice] 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\nthe Regulations.\n16.2 Limitations on powers to revoke or change decisions\n(1) Subject to subclause (2), the council or a committee is not to consider a motion to revoke or change\na decision—\n(a) where, at the time the motion is moved or notice is given, any action has been taken under\nclause 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)\nauthorisation means a licence, permit, approval or other means of authorising a person to do\nanything;\n(b)\nimplement, in relation to a decision, includes—\n(i) communicate notice of the decision to a person affected by, or with an interest in, the\ndecision; and\n(ii) take any other action to give effect to the decision; and\n(c)\nvalid notice of revocation motion means a notice of motion to revoke or change a decision\nthat complies with the requirements of the Act, Regulations and this local law and may be\nconsidered, but has not yet been considered, by the council or a committee as the case may be.\n(2) Subject to subclause (4), and unless a resolution is made under subclause (3), a decision made at a\nmeeting is not to be implemented by the CEO or any other person until the afternoon of the first\nbusiness day after the commencement of the meeting at which the decision was made.\n(3) The council or a committee may, by resolution carried at the same meeting at which a decision was\nmade, direct the CEO or another person to take immediate action to implement the decision.\n(4) A decision made at a meeting is not to be implemented by the CEO or any other person—\n(a) if, before commencing any implementation action, the CEO or that person is given a valid notice\nof revocation motion; and\n(b) unless and until the valid notice of revocation motion has been determined by the council or\nthe committee as the case may be.\n\n","sortOrder":68},{"sectionNumber":"2280","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 17 March 2022","content":"2280 GOVERNMENT GAZETTE, WA 17 March 2022\n(5) The CEO is to ensure that members of the public attending the meeting are informed by an\nappropriate notice that a decision to grant an authorisation—\n(a) is to take effect only in accordance with this clause; and\n(b) cannot be acted upon by the person who has been granted the authorisation unless and until\nthe decision has been implemented in accordance with this clause.\nPART 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 law\nbe 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, the presiding member is\nto 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 laws\n(1) The 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.\n(2) The decision of the Presiding Member in these cases is final, except where a motion is moved and\ncarried 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.\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’ meeting,\nthe 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.\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2281\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.\nPART 20—COMMON SEAL\n20.1 Local government common seal\n(1) The use of the Common Seal is dealt with in the Act.\n(2) The CEO is to have charge of the common seal of the local government and is responsible for its safe\ncustody and proper use.\nDated: 15 February 2022.\n\n17 March 2022 GOVERNMENT GAZETTE, WA 2283\nREPEAL LOCAL LAW 2022\nLocal Government Act 1995, and all other powers enabling it, the\nCouncil of the Shire of Dowerin resolved on 15 February 2022 to make the following local law.\n1. Citation\nShire of Dowerin Repeal Local Law 2022.\n2. Commencement\nThis local law commences 14 days after the date on which it is published in the\n3. Application\nThis local law applies throughout the district.\n4. Repeal\nThe following local laws are repealed—\n(a)\nShire of Dowerin Local Government Model By-law (Prevention of Damage to Streets), No\n1 published in the\nGovernment Gazette on 18 February 1965; and\n(b)\nShire of Dowerin Local Government Model By-laws No 7—Removal and Disposal of\nObstructing Animals or Vehicles published in the\nGovernment Gazette on 30 November 1973.\nDated: 15 February 2022.\nThe Common Seal of the Shire of Dowerin was hereunto affixed by authority of its Council in the\npresence of —","sortOrder":69}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":1523},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"These are new local laws made in 2022 that replace earlier versions. The scope appears consistent with the original intent — the Activities/Trading law replaces a 2002 version, the Cemeteries law replaces 1970 by-laws, the Fencing law replaces a 2008 version, and the Meeting Procedures law replaces 2001 standing orders. The Repeal Local Law simply tidies up obsolete instruments. No significant scope creep detected; the laws maintain their traditional local government functions."},"complexity_factors":["Multiple distinct local laws bundled together (5 separate instruments)","Extensive cross-referencing to other legislation (Local Government Act 1995, Cemeteries Act 1986, Road Traffic Code 2000, Planning and Development Act 2005, etc.)","Detailed technical specifications in schedules (fence construction standards, engineering requirements)","Numerous permit systems with varying conditions and exceptions","Nested conditional logic (e.g., clause 2.1(2)-(7) on sufficient fences with multiple overlapping conditions)","Transitional provisions preserving old approvals under repealed laws","Modified penalty schedules with specific dollar amounts for each offence","Prescriptive procedural rules for meetings with many exceptions and special cases"],"plain_english_summary":"Four local laws adopted by the Shire of Dowerin regulate everyday public life: use of roads, verges and trading; cemetery management and funerals; standards and approvals for fences; and council meeting procedures—plus repeal of two outdated by‑laws. They set permit and compliance rules, safety and environmental limits, enforcement powers and penalties. Affects residents, property owners, traders, funeral directors, council members and visitors—important for anyone using public spaces or engaging in regulated activities."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The instrument expressly repeals and replaces earlier local laws (see Activities cl.1.4; Fencing cl.1.4; Cemeteries cl.1.4; Repeal Local Law) and consolidates a wider permit/penalty framework. It expands and updates regulation across thoroughfares, trading, roadside conservation, cemeteries, fencing and meeting procedures, adding modern technical standards, offence schedules and administrative delegations that go beyond the older model by-laws."},"complexity_factors":["Consolidation of multiple separate local laws into one instrument covering diverse subjects (Activities & Trading; Cemeteries; Fencing; Meeting Procedures; Repeal)","Extensive permit/licence regimes with conditions, renewals, transfers and discretion (e.g. cl.7.1–7.10; 6.2; 6.3; Cemetery cl.7.14)","Large schedule of prescribed offences and modified penalties with continuing-offence rates (Activities Sch1; Cemetery Sch1; Fencing Sch1; cl.10.3)","Cross‑references to State and Commonwealth Acts, Regulations and technical standards (Local Government Act 1995, Cemeteries Act 1986, Road Traffic Code, AS/NZS standards)","Detailed technical specifications and engineering certification requirements (Fencing Schedules 2–4; cl.2.9)","Significant administrative discretion vested in Council, CEO and authorised persons (permitting, notice, enforcement and entry powers: e.g. Activities cl.7.2, 10.2; Fencing cl.5.1)","Multiple appeal and objection pathways tied to Part 9 Division 1 of the Act and regulation provisions (see cl.8.1 references across documents)"],"plain_english_summary":"This package replaces earlier Dowerin local laws and sets detailed rules for use of public places, trading, roadside conservation, cemeteries, fencing and council meetings. It creates permit and licence processes, technical construction standards, offence categories and penalty schedules, and enforcement powers for the Shire and its authorised officers. The Council/CEO decide permits, licences and notices (see cl.7.2; Cemeteries cl.2.1; Fencing cl.3.2). Affected people pay fees, must comply with permit conditions and face infringement or court penalties (Schedules and cl.10.3)."}},"importantCases":[],"_links":{"self":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-local-law-2022","history":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-local-law-2022/history","analysis":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-local-law-2022/analysis","conflicts":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-local-law-2022/conflicts","importantCases":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-local-law-2022/important-cases","documents":"/api/acts/activities-in-thoroughfares-and-public-places-and-trading-local-law-2022/documents"}}