{"id":"wa-local:quairading-shire-of-activities-in-thoroughfares-and-trading-in-thoroughfares-and-public-places-local-law-2016","name":"Activities in Thoroughfares and Trading in Thoroughfares and Public Places Local Law 2016","slug":"activities-in-thoroughfares-and-trading-in-thoroughfares-and-public-places-local-law-2016","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438804,"registerId":"wa-local:quairading-shire-of-activities-in-thoroughfares-and-trading-in-thoroughfares-and-public-places-local-law-2016-pdf-1775955081841","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"2","sectionType":"section","heading":"May 2017 GOVERNMENT GAZETTE, WA 2313","content":"2 May 2017 GOVERNMENT GAZETTE, WA 2313\nTHOROUGHFARES AND PUBLIC PLACES LOCAL LAW 2016\nTABLE OF CONTENTS\n1.3 Application\n1.5 Definitions\n1.6 Assistance animals\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"ACTIVITIES ON THOROUGHFARES AND PUBLIC PLACES","content":"PART 2—ACTIVITIES ON 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\n","sortOrder":1},{"sectionNumber":"Div 2","sectionType":"division","heading":"Verge treatments","content":"Division 2—Verge treatments\n2.4 Interpretation\n2.5 Application\n2.6 Permissible verge treatments\n2.7 Only permissible verge treatments to be installed\n2.8 Obligations of owner or occupier\n2.9 Notice to owner or occupier\n2.10 Transitional provision\n2.11 Power to carry out public works on verge\n","sortOrder":2},{"sectionNumber":"Div 3","sectionType":"division","heading":"Property numbers","content":"Division 3—Property numbers\n2.12 Interpretation\n2.13 Assignment of numbers\n","sortOrder":3},{"sectionNumber":"Div 4","sectionType":"division","heading":"Fencing","content":"Division 4—Fencing\n2.14 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\n","sortOrder":4},{"sectionNumber":"Div 5","sectionType":"division","heading":"Signs erected by the local government","content":"Division 5—Signs erected by the local government\n2.15 Signs\n2.16 Transitional\n","sortOrder":5},{"sectionNumber":"Div 6","sectionType":"division","heading":"Driving on a closed thoroughfare","content":"Division 6—Driving on a closed thoroughfare\n2.17 No driving on closed thoroughfare\n","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"ADVERTISING SIGNS ON THOROUGHFARES","content":"PART 3—ADVERTISING SIGNS ON THOROUGHFARES\n3.1 Interpretation\n\n","sortOrder":7},{"sectionNumber":"2314","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2314 GOVERNMENT GAZETTE, WA 2 May 2017\nDivision 2—Permit\n3.2 Advertising signs and portable direction signs\n3.3 Matters to be considered in determining application for permit\nDivision 3—Conditions on permit\n3.4 Conditions on portable sign\n3.5 Conditions on election sign\n","sortOrder":8},{"sectionNumber":"Part 4","sectionType":"part","heading":"OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS","content":"PART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS\n","sortOrder":9},{"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\n4.3 Removal of vehicle or Animal\nDivision 2—Shopping trolleys\n4.4 Definitions\n4.5 Shopping trolley to be marked\n4.6 Person not to leave trolley in public place\n4.7 Retailer to remove abandoned trolley\n4.8 Impounding of abandoned trolley\n","sortOrder":10},{"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\nDivision 4—Planting in thoroughfares\n5.9 Permit to plant\n5.10 Relevant considerations in determining application\nDivision 5—Clearance of vegetation\n5.11 Permit to clear\n5.12 Application for permit\nDivision 6—Fire management\n5.13 Permit to burn thoroughfare\n5.14 Application for permit\n5.15 When application for permit can be approved\n5.16 Prohibitions on burning\n","sortOrder":11},{"sectionNumber":"Div 7","sectionType":"division","heading":"Firebreaks","content":"Division 7—Firebreaks\n5.17 Permit for firebreaks on thoroughfares\n5.18 When application for permit cannot be approved\n","sortOrder":12},{"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\n2 May 2017 GOVERNMENT GAZETTE, WA 2315\nPART 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 Exemptions from requirement to pay fee or to obtain a permit\n6.6 Conduct of stallholders and traders\nDivision 2—Outdoor eating facilities on public places\n6.7 Interpretation\n6.8 Permit required to conduct facility\n6.9 Matters to be considered in determining application\n6.10 Obligations of permit holder\n6.11 Removal of facility unlawfully conducted\n6.12 Use of facility by public\n6.13 Temporary removal of facility may be requested\n","sortOrder":13},{"sectionNumber":"Part 7","sectionType":"part","heading":"PERMITS","content":"PART 7—PERMITS\nDivision 1—Applying for a permit\n7.1 Application for permit\n7.2 Decision on application for permit\n7.3 Relevant considerations in determining application for permit\nDivision 2—Conditions\n7.4 Conditions which may be imposed on a permit\n7.5 Imposing conditions under a policy\n7.6 Compliance with and variation of conditions\nDivision 3—General\n7.7 Duration of permit\n7.8 Renewal of permit\n7.9 Transfer of permit\n7.10 Production of permit\n7.11 Cancellation of permit\n","sortOrder":14},{"sectionNumber":"Part 8","sectionType":"part","heading":"OBJECTIONS AND REVIEW","content":"PART 8—OBJECTIONS AND REVIEW\n8.1 Application of Part 9 Division 1 of Act\n","sortOrder":15},{"sectionNumber":"Part 9","sectionType":"part","heading":"MISCELLANEOUS NOTICES","content":"PART 9—MISCELLANEOUS NOTICES\n9.1 Notice to redirect or repair sprinkler\n9.2 Hazardous plants\n9.3 Notice to repair damage to thoroughfare\n9.4 Notice to remove thing unlawfully placed on thoroughfare\n","sortOrder":16},{"sectionNumber":"Part 10","sectionType":"part","heading":"ENFORCEMENT","content":"PART 10—ENFORCEMENT\n10.1 Offence to fail to comply with notice\n10.2 Local government may undertake requirements of notice\n10.3 Offences\n10.4 Prescribed offences\n10.5 Forms\nSCHEDULE 1—PRESCRIBED OFFENCES\nSCHEDULE 2—ACCEPTABLE MATERIAL\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2317\nTHOROUGHFARES AND PUBLIC PLACES LOCAL LAW 2016\nit, the Council of the Shire of Quairading resolved on 24th November 2016to make the following local\nlaw.\nThis local law is cited as the Shire of Quairading Activities in Thoroughfares and Trading in\nThoroughfares and Public Places Local Law 2016.\n1.3 Application\nThe Shire of Quairading Activities on Thoroughfares and Trading in Thoroughfares and Public Places\nLocal Law, as published in the Government Gazette on 23 May 2001 is repealed.\n1.5 Definitions\nIn this local law unless the context otherwise requires—\nAct means the Local Government Act 1995;\napplicant means a person who applies for a permit;\nAct to perform any of the functions of an authorised person under this local law;\nbicycle has the meaning given to it in the Road Traffic Code 2000;\nbuilt-up area has the meaning given to it in the Road Traffic Code 2000;\nbulk rubbish container means a bin or container designed or used for holding a substantial\nquantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does\nnot include a bin or container used in connection with the local government’s regular\ndomestic rubbish collection service;\ncarriageway has the meaning given to it in the Road Traffic Code 2000;\nCEO means the Chief Executive Officer of the local government;\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;\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 in the Road Traffic Code 2000;\ngarden means any part of a thoroughfare planted, developed or treated, otherwise than as a\nlawn, with 1 or more plants;\nintersection has the meaning given to it in the Road Traffic Code 2000;\n\n","sortOrder":17},{"sectionNumber":"2318","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2318 GOVERNMENT GAZETTE, WA 2 May 2017\nkerb includes the edge of a carriageway;\nlawn means any part of a thoroughfare which is planted only with grass, or with a similar plant,\nbut will include any other plant provided that it has been planted by the local government;\nliquor has the meaning given to it in section 3 of the Liquor Control Act 1988;\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 Land 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\nPlanning and Development Act 2005;\nlot has the meaning given to it in the Planning and Development Act 2005;\nowner or occupier in relation to land does not include the local government;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land\naffected by the interference;\npermissible verge treatment means any 1 of the 4 treatments described in clause 2.6(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 means a building or similar structure, but does not include a carpark or a similar place;\npublic place includes any thoroughfare or place which the public are allowed to use, whether or\nnot the thoroughfare or place is on private property, but does not include—\n(a) premises on private property from which trading is lawfully conducted under a written\nlaw; and\n(b) local government property;\nRegulations means the Local Government (Functions and General) Regulations 1996;\nsign includes a notice, flag, mark, structure or device on which may be shown words, numbers,\nexpressions or symbols;\nthoroughfare has the meaning given to it in the Act, but does not include a private thoroughfare\nwhich is not under the management control of the local government;\ntownsite means the townsites within the district which are—\n(a) constituted under section 26(2) of the Land Administration Act 1997; or\n(b) referred to in clause 37 of Schedule 9.3 of the Act;\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels,\ntracks or otherwise; and\n(b) an animal being ridden or driven,\nbut excludes—\n(a) a wheelchair or any device designed for use by a physically impaired person on a\nfootpath; and\n(b) a pram, shopping trolley, 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.\n1.6 Assistance animals\nThis local law is subject to any written law and any law of the Commonwealth about assistance\nanimals as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth).\nPART 2—ACTIVITIES ON THOROUGHFARES AND PUBLIC PLACES\n2.1 General prohibitions\nA person shall not—\n(a) plant any plant, except grass or a similar plant, within 6m of an intersection;\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2319\n(b) damage a lawn or a garden or remove any plant or part of a plant from a lawn or a garden\nunless—\n(i) the person is the owner or the occupier of the lot abutting that portion of the\nthoroughfare and the lawn or the garden or the particular plant has not been installed\nor planted by the local government; or\n(ii) the person is acting under the authority of a written law;\n(c) plant any plant (except grass or a similar plant) on a thoroughfare so that it is within 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\nsignpost, direction plate, guidepost, notice, shelter, shed, fence or any structure erected on a\nthoroughfare by the local government or a person acting under the authority of a written law;\n(f) play or participate in any game or sport so as to cause danger to any person or thing or\nimpede the movement of vehicles or persons on a thoroughfare; or\n(g) within a verandah of a shopping centre, ride any bicycle, skateboard, rollerblades or similar\ndevice.\n2.2 Activities allowed with a permit—general\n(1) A person shall not, without a permit—\n(a) dig or otherwise create a trench through or under a kerb or footpath;\n(b) subject to Division 3 of this Part, throw, place or deposit any thing on a verge except for\nremoval by the local government under a bulk rubbish collection, and then only during the\nperiod of time advertised in connection with that collection by the local government;\n(c) cause any obstruction to a vehicle or a person using a thoroughfare as a thoroughfare;\n(d) cause any obstruction to a water channel or a water course in a thoroughfare;\n(e) throw, place or drain offensive, noxious or dangerous fluid onto a thoroughfare;\n(f) damage a thoroughfare;\n(g) light any fire or burn any thing on a thoroughfare other than in a stove or fireplace provided\nfor that purpose or under a permit issued under clause 5.13;\n(h) fell any tree onto a thoroughfare;\n(i) unless installing a permissible verge treatment—\n(i) lay pipes under or provide taps on any verge; or\n(ii) place or install any thing on any part of a thoroughfare, and without limiting the\ngenerality of the foregoing, any gravel, stone, flagstone, cement, concrete slabs, blocks,\nbricks, pebbles, plastic sheeting, kerbing, wood chips, bark or sawdust;\n(j) provide, erect, install or use in or on any building, structure or land abutting on a\nthoroughfare any hoist or other thing for use over the thoroughfare;\n(k) on a public place use anything or do anything so as to create a nuisance;\n(l) place or cause to be placed on a thoroughfare a bulk rubbish container; or\n(m) interfere with the soil of, or anything in a thoroughfare or take anything from a thoroughfare.\n(2) The local government may exempt a person from compliance with subclause (1) on the application\nof that person.\n2.3 No possession and consumption of liquor on thoroughfare\n(1) A person shall not consume any liquor or have in her or his possession or under her or his control\nany liquor on a thoroughfare unless—\n(a) that is permitted under the Liquor Control Act 1988 or under another written law; or\n(b) the person is doing so in accordance with a permit.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\nDivision 2—Verge treatments\n2.4 Interpretation\nIn this Division, unless the context otherwise requires, acceptable material means any material\nwhich will create a hard surface, and which appears in Schedule 2.\n2.5 Application\nThis Division only applies to the townsite.\n","sortOrder":18},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Permissible verge treatments","content":"Subdivision 2—Permissible verge treatments\n2.6 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\n","sortOrder":19},{"sectionNumber":"2320","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2320 GOVERNMENT GAZETTE, WA 2 May 2017\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; and\n(ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width\nof 2m along that part of the verge immediately adjacent to the kerb;\n(c) the installation of an acceptable material; or\n(d) the installation over no more than one third of the area of the verge (excluding any vehicle\ncrossing) of an acceptable material in accordance with paragraph (c), and the planting and\nmaintenance of either a lawn or a garden on the balance of the verge in accordance with\nparagraph (a) or (b).\n2.7 Only permissible verge treatments to be installed\n(1) A person shall not install or maintain a verge treatment which is not a permissible verge\ntreatment.\n(2) The owner and occupier of the lot abutting a verge treatment referred to in subclause (1) are each\nto be taken to have installed and maintained that verge treatment for the purposes of this clause and\nclause 2.8.\n2.8 Obligations of owner or occupier\nAn owner or occupier who installs or maintains a permissible verge treatment shall—\n(a) keep the permissible verge treatment in a good and tidy condition and ensure, where the\nverge treatment is a garden or lawn, that a footpath on the verge and a carriageway adjoining\nthe verge are not obstructed by the verge treatment;\n(b) not place any obstruction on or around the verge treatment;\n(c) not disturb a footpath on the verge;\n(d) ensure the verge treatment does not cause an obstruction to the sight of any person using a\nfootpath on the verge or a carriageway or crossing adjoining the verge or in proximity to it;\n(e) ensure that the verge treatment does not damage or obstruct a drain, manhole, gully,\ninspection pit, channel, kerb, or tree planted by the local government; and\n(f) ensure that any sprinklers or pipes installed to irrigate a verge treatment—\n(i) are not used at such times so as to cause unreasonable inconvenience to pedestrians or\nother persons, and\n(ii) do not otherwise present a hazard to pedestrians or other persons.\n2.9 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":20},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Existing verge treatments","content":"Subdivision 3—Existing verge treatments\n2.10 Transitional provision\n(1) In this clause, former provisions means the local law of the local government which permitted\ncertain types of verge treatments, whether with or without the consent of the local government, and\nwhich was repealed by this local law.\n(2) A verge treatment which—\n(a) was installed prior to the commencement day; and\n(b) on the commencement day is a type of verge treatment which was permitted under and\ncomplied with the former provisions;\nis to be taken to be a permissible verge treatment for so long as the verge treatment remains of the\nsame type and continues to comply with the former provisions.\n","sortOrder":21},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Public works","content":"Subdivision 4—Public works\n2.11 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.\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2321\nDivision 3—Property numbers\n2.12 Interpretation\nIn this Division, unless the context requires otherwise, number means a number of a lot with or\nwithout an alphabetical suffix indicating the address of the lot by reference to a thoroughfare.\nSubdivision 2—Assignment and marking of numbers\n2.13 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 4—Fencing\n2.14 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\nThe following places are specified as a public place for the purpose of item 4(1) of Division 1 of\n","sortOrder":22},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"1 of the Act—","content":"Schedule 3.1 of the Act—\n(a) a public place, as that term is defined in clause 1.5; and\n(b) local government property.\nDivision 5—Signs erected by the local government\n2.15 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.\n2.16 Transitional provisions\nWhere a sign erected on a public place has been erected under a local law of the local government\nrepealed by this local law, then on and from the commencement day, it is to be taken to be a sign\nerected under clause 2.15 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 6—Driving on a closed thoroughfare\n2.17 No driving on closed thoroughfare\n(1) In this clause, closed thoroughfare means a thoroughfare wholly or partially closed under\nsection 3.50 or 3.50A of the Act.\n(2) 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.\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\nCommissioner of Main Roads;\nelection sign means a sign or poster which advertises any aspect of a forthcoming Federal, State\nor local government election;\nportable direction sign means a portable free standing direction sign; and\nportable sign means a portable free standing advertising sign.\nDivision 2—Permit\n3.2 Advertising signs and portable direction signs\n(1) A person shall not, without a permit—\n(a) erect or place an advertising sign on a thoroughfare; or\n(b) post any bill or paint, place or affix any advertisement on a thoroughfare.\n\n","sortOrder":23},{"sectionNumber":"2322","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2322 GOVERNMENT GAZETTE, WA 2 May 2017\n(2) Notwithstanding subclause (1), a permit is not required in respect of a portable direction sign\nwhich neither exceeds 500mm in height nor 0.5m2 in area, provided that the sign is placed or erected\non a thoroughfare on an infrequent or occasional basis only to direct attention to a place, activity or\nevent during the hours of that activity or event.\n(3) Notwithstanding subclause (1), a person shall not erect or place an advertising sign—\n(a) on a footpath;\n(b) over any footpath where the resulting vertical clearance between the sign and the footpath is\nless than 2.5m;\n(c) on or within 3m of a carriageway;\n(d) in any other location where, in the opinion of the local government, the sign is likely to\nobstruct lines of sight along a thoroughfare or cause danger to any person using the\nthoroughfare; or\n(e) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the\nstructural approaches to a bridge.\n3.3 Matters to be considered in determining application for permit\nIn determining an application for a permit for the purpose of clause 3.2(1), the local government is to\nhave regard to—\n(a) any other written law regulating the erection or placement of signs within the district;\n(b) the dimensions of the sign;\n(c) other advertising signs already approved or erected in the vicinity of the proposed location of\nthe sign;\n(d) whether or not the sign will create a hazard to persons using a thoroughfare; and\n(e) the amount of the public liability insurance cover, if any, to be obtained by the applicant.\nDivision 3—Conditions on permit\n3.4 Conditions on portable sign\nIf the local government approves an application for a permit for a portable sign, the application is to\nbe taken to be approved subject to the following conditions—\n(a) the portable sign shall—\n(i) not exceed 1m in height;\n(ii) not exceed an area of 1m2 on any side;\n(iii) relate only to the business activity described on the permit;\n(iv) contain letters not less than 200mm in height;\n(v) not be erected in any position other than immediately adjacent to the building or the\nbusiness to which the sign relates;\n(vi) be removed each day at the close of the business to which it relates and not be erected\nagain until the business next opens for trading;\n(vii) be secured in position in accordance with any requirements of the local government;\n(viii) be placed so as not to obstruct or impede the reasonable use of a thoroughfare or access\nto a place by any person; and\n(ix) be maintained in good condition; and\n(b) no more than 1 portable sign shall be erected in relation to the 1 building or business.\n3.5 Conditions on election sign\nIf the local government approves an application for a permit for the erection or placement of an\nelection sign on a thoroughfare, the application is to be taken to be approved subject to the sign—\n(a) being erected at least 30m from any intersection;\n(b) being free standing and not being affixed to any existing sign, post, power or light pole, or\nsimilar structure;\n(c) being placed so as not to obstruct or impede the reasonable use of a thoroughfare, or access to\na place by any person;\n(d) being placed so as not to obstruct or impede the vision of a driver of a vehicle entering or\nleaving a thoroughfare or crossing;\n(e) being maintained in good condition;\n(f) not being erected until the election to which it relates has been officially announced;\n(g) being removed within 24 hours of the close of polls on voting day;\n(h) not being placed within 100m of any works on the thoroughfare;\n(i) being securely installed;\n(j) not being an illuminated sign;\n(k) not incorporating reflective or fluorescent materials; and\n(l) not displaying only part of a message which is to be read with other separate signs in order to\nobtain the whole message.\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2323\nPART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS\nDivision 1—Animals and vehicles\n4.1 Leaving animal or vehicle in public place or on local government property\n(1) A person shall not leave an animal or a vehicle, or any part of a vehicle, in a public place or on\nlocal government property so that it obstructs the use of any part of that public place or local\ngovernment property, unless that person has first obtained a permit or is authorised to do so under a\nwritten law.\n(2) A person will not contravene subclause (1) where the animal is secured or tethered for a period not\nexceeding 1 hour.\n(3) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding 24\nhours.\n4.2 Prohibitions relating to animals\n(1) In subclause (2), owner in relation to an animal includes—\n(a) an owner of it;\n(b) a person in possession of it;\n(c) a person who has control of it; and\n(d) a person who ordinarily occupies the premises where the animal is permitted to stay.\n(2) An owner of an animal shall not—\n(a) allow the animal to enter or remain for any time on any thoroughfare except for the use of the\nthoroughfare as a thoroughfare and unless it is led, ridden or driven;\n(b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in a\npublic place;\n(c) train or race the animal on a thoroughfare; or\n(d) subject to subclause (4), allow an animal to excrete on a thoroughfare.\n(3) An owner of a horse shall not lead, ride or drive a horse on a thoroughfare in a built-up area,\nunless that person does so under a permit or under the authority of a written law.\n(4) An owner of an animal does not commit an offence under (2)(d) if the excreta is immediately\nremoved.\n4.3 Removal of vehicle or Animal\nPursuant to regulation 29(1)(b) of the Regulations, an authorised person may impound an animal or\nvehicle left in contravention of clause 4.1.\nDivision 2—Shopping trolleys\n4.4 Definitions\nIn this Division—\nretailer means a proprietor of a shop in respect of which shopping trolleys are provided for the\nuse of customers of the shop; and\nshopping trolley means a wheeled container or receptacle supplied by a retailer to enable a\nperson to transport goods.\n4.5 Shopping trolley to be marked\nA retailer must clearly mark its name or its trading name on any shopping trolley made available for\nthe use of customers.\n4.6 Person not to leave trolley in public place\nA person must not leave a shopping trolley in a public place or on local government property other\nthan in an area set aside for the storage of shopping trolleys.\n4.7 Retailer to remove abandoned trolley\n(1) If a shopping trolley is found in a public place or on local government property, other than in an\narea set aside for the storage of shopping trolleys, the local government may advise (verbally or in\nwriting) a retailer whose name is marked on the trolley of the location of the shopping trolley.\n(2) A retailer must remove a shopping trolley within 24 hours of being so advised under subclause (1).\n4.8 Impounding of abandoned trolley\nAn authorised person may impound a shopping trolley that is—\n(a) left on a thoroughfare, verge or local government property that is not marked in accordance\nwith clause 4.5; or\n(b) not removed by a retailer after having been so advised under clause 4.7(2).\nPART 5—ROADSIDE CONSERVATION\n5.1 Interpretation\nIn this Part—\nMRWA means Main Roads Western Australia;\n\n","sortOrder":24},{"sectionNumber":"2324","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2324 GOVERNMENT GAZETTE, WA 2 May 2017\nprotected flora has the meaning given to it in section 6(1) of the Wildlife Conservation Act 1950;\nrare flora has the meaning given to it in section 23F of the Wildlife Conservation Act 1950;\nRoadside Conservation Committee means the Roadside Conservation Committee appointed by\nthe Minister for Environment; and\nspecial environmental area means an area designated as such under clause 5.7.\n5.2 Application\nThis Part does not apply to the townsite.\nDivision 2—Flora roads\n5.3 Declaration of flora road\nThe local government may declare a thoroughfare which has, in the opinion of the local government,\nhigh quality roadside vegetation to be a flora road.\n5.4 Construction works on flora roads\nConstruction and maintenance work carried out by the local government on a flora road is to be in\naccordance with the “Handbook of Environmental Practice for Road Construction and Road\nMaintenance Works”.\n5.5 Signposting of flora roads\nThe local government may signpost flora roads with the standard MRWA “flora road” sign.\n5.6 Driving only on carriageway of flora roads\n(1) A person driving or riding a vehicle on a flora road shall only drive or ride the vehicle on the\ncarriageway.\n(2) Subclause (1) does not apply where—\n(a) conditions on the thoroughfare do not reasonably permit a vehicle to remain on the\ncarriageway;\n(b) there is no carriageway; or\n(c) an exemption from the application of subclause (1) has been obtained from the local\ngovernment.\nDivision 3—Special environmental areas\n5.7 Designation of special environmental areas\nThe local government may designate a thoroughfare, or any part of a thoroughfare, as a special\nenvironmental area which—\n(a) has protected flora or rare flora; or\n(b) in the opinion of the local government, has environmental, aesthetic or cultural significance.\n5.8 Marking of special environmental areas\nThe local government is to mark and keep a register of each thoroughfare, or part of a thoroughfare,\ndesignated as a special environmental area.\nDivision 4—Planting in thoroughfares\n5.9 Permit to plant\nA person shall not plant any plant or sow any seeds in a thoroughfare without first obtaining a\n5.10 Relevant considerations in determining application\nIn determining an application for a permit for the purpose of clause 5.9, the local government is to\nhave regard to—\n(a) existing vegetation within that part of the thoroughfare in which the planting is to take place;\nand\n(b) the diversity of species and the prevalence of the species which are to be planted or sown.\nDivision 5—Clearance of vegetation\n5.11 Permit to clear\nA person shall not clear and maintain in a cleared state, the surface of a thoroughfare within 1.5m of\nthat person’s land without first obtaining a permit and any other approvals which may be required\nunder any written law.\n5.12 Application for permit\nIn addition to the requirements of clause 7.1(2), a person making an application for a permit for the\npurpose of clause 5.11 shall submit a sketch plan clearly showing the boundary of the person’s land\nand the portions of the thoroughfare joining that person’s land which are to be cleared.\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2325\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\nclause 5.13 shall—\n(a) include a sketch plan showing the portions of a thoroughfare which are proposed to be\nburned; and\n(b) advise of the estimated fire intensity and the measures to be taken to protect upper storey\nvegetation from the burn.\n5.15 When application for permit can be approved\nThe local government may approve an application for a permit for the purpose of clause 5.13 only if\nthe burning of the particular part of the thoroughfare will—\n(a) reduce a fire hazard and alternative means of reducing that hazard, such as slashing or the\nuse of herbicides, are considered by the local government to be not feasible or more\ndetrimental to native flora and fauna than burning; or\n(b) in the opinion of the local government, be beneficial for the preservation and conservation of\nnative flora and fauna.\n5.16 Prohibitions on burning\nSubject to any other written law and notwithstanding anything to the contrary in this local law, an\napplication for a permit for the purpose of clause 5.13 is not to be approved by the local government—\n(a) for burning between 31 August and 1 May of the following year where the intensity of the\nburn could damage native flora and fauna; or\n(b) in any year to any person for any part of a thoroughfare which is on the opposite side of the\ncarriageway to that portion of the thoroughfare for which a permit to burn has been approved\nin the same year.\nDivision 7—Firebreaks\n5.17 Permit for firebreaks on thoroughfares\nA person shall not construct a firebreak on a thoroughfare without first obtaining a permit.\n5.18 When application for permit cannot be approved\n(1) The local government is not to approve an application for a permit for the purpose of clause 5.17\nwhere the thoroughfare is less than 20m wide.\n(2) Subclause (1) does not apply where the firebreak is, in the opinion of the local government,\ndesirable for the protection of roadside vegetation.\nDivision 8—Commercial wildflower harvesting on thoroughfares\n5.19 General prohibition on commercial wildflower harvesting\nSubject to clause 5.20, a person shall not commercially harvest native flora on a thoroughfare.\n5.20 Permit for revegetation projects\n(1) A person shall not collect seed from native flora on a thoroughfare without first obtaining a\n(2) The local government may approve an application for a permit under subclause (1) only where—\n(a) the seed is required for a revegetation project in any part of the district; and\n(b) the thoroughfare, or the relevant part of it, is not a special environmental area.\n(3) Unless the local government specifically provides to the contrary on a permit, if the local\ngovernment approves an application for a permit for the purpose of subclause (1) it is to be taken to be\napproved subject to the following conditions—\n(a) the collection of the seed is to be carried out so as not to endanger the long term survival of\nthe native flora on the thoroughfare; and\n(b) any licence or approval which may be required under any other written law is to be obtained\nby the applicant.\n","sortOrder":25},{"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\nIn this Division, unless the context otherwise requires—\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\n","sortOrder":26},{"sectionNumber":"2326","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2326 GOVERNMENT GAZETTE, WA 2 May 2017\n(b) local government property,\nbut does not include premises on private property from which trading is lawfully conducted\nunder a written law.\nstall means a movable or temporarily fixed structure, stand or table in, on or from which goods or\nservices are sold, hired or offered for sale or hire;\nstallholder means a person in charge of a stall;\nstallholder’s permit means a permit issued to a stallholder;\ntrader means a person who carries on trading;\ntrader’s permit means a permit issued to a trader; and\ntrading includes—\n(a) the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods\nor services in a public place;\n(b) displaying goods in any public place for the purpose of—\n(i) offering them for sale or hire;\n(ii) inviting offers for their sale or hire;\n(iii) soliciting orders for them; or\n(iv) carrying out any other transaction in relation to them; and\n(c) the going from place to place, whether or not public places, and—\n(i) offering goods or services for sale or hire;\n(ii) inviting offers or soliciting orders for the sale or the hire of goods or services; or\n(iii) carrying out any other transaction in relation to goods or services,\nbut does not include—\n(d) the setting up of a stall or the conducting of a business at a stall under the authority of\na stallholder’s permit;\n(e) the selling or the offering for sale of goods and services to, or the soliciting of orders for\ngoods and services from, a person who sells those goods or services;\n(f) the selling or the offering for sale or hire by a person of goods of her or his own\nmanufacture or services which he or she provides; and\n(g) the selling or hiring or the offering for sale or hire of—\n(i) goods by a person who represents a manufacturer of the goods; or\n(ii) services by a person who represents a provider of the services,\nwhich are only sold directly to consumers and not through a shop.\nSubdivision 2—Permits\n6.2 Stallholder’s permit\n(1) A person shall not conduct a stall on a public place unless that person is—\n(a) the holder of a valid stallholder’s permit; or\n(b) an assistant specified in a valid stallholder’s permit.\n(2) Every application for a stallholder’s permit shall—\n(a) state the full name and address of the applicant;\n(b) specify the proposed number of assistants to be engaged by the applicant in conducting the\nstall, as well as their names and addresses if already engaged;\n(c) specify the proposed location of the stall;\n(d) specify the period of time for which the permit is sought, together with the proposed days and\nhours of operation;\n(e) specify the proposed goods or services to be sold or hired or offered for sale or hire from the\nstall; and\n(f) be accompanied by an accurate plan and description of the proposed stall.\n6.3 Trader’s permit\n(1) A person shall not carry on trading unless that person is—\n(a) the holder of a valid trader’s permit; or\n(b) an assistant specified in a valid trader’s permit.\n(2) Every application for a trader’s permit shall—\n(a) state the full name and address of the applicant;\n(b) specify the proposed number of assistants, if any, to be engaged by the applicant in trading,\nas well as their names and addresses if already engaged;\n(c) specify the location or locations in which the applicant proposes to trade;\n(d) specify the period of time for which the permit is sought, together with the proposed days and\nhours of trading;\n(e) specify the proposed goods or services which will be traded; and\n(f) be accompanied by an accurate plan and description of any proposed structure or vehicle\nwhich may be used by the applicant in trading.\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2327\n6.4 No permit required to sell newspaper\nNotwithstanding any other provision of this local law, a person who sells, or offers for sale, a\nnewspaper is not required to obtain a permit.\n6.5 Exemptions from requirement to pay fee or to obtain a permit\n(1) In this clause, commercial participant means any person who is involved in operating a stall or\nin conducting any trading activity for personal gain or profit.\n(2) The local government may waive any fee required to be paid by an applicant for a stallholder’s\npermit or a trader’s permit on making an application for or on the issue of a permit, or may return\nany such fee which has been paid, if the stall is conducted or the trading is carried on—\n(a) on a portion of a public place adjoining the normal place of business of the applicant; or\n(b) by a charitable organisation that does not sublet space to, or involve commercial participants\nin the conduct of a stall or trading, and any assistants that may be specified in the permit are\nmembers of that charitable organisation.\n(3) The local government may exempt a person or a class of persons, whether or not in relation to a\nspecified public place, from the requirements of this Division.\nSubdivision 3—Conduct of stallholders and traders\n6.6 Conduct of stallholders and traders\n(1) A stallholder while conducting a stall or a trader while trading shall—\n(a) display her or his permit to do so in a conspicuous place on the stall, vehicle or temporary\nstructure or if there is no stall, vehicle or temporary structure, carry the permit with her or\nhim while conducting a stall or trading;\n(b) not display a permit unless it is a valid permit; and\n(c) when selling goods by weight, carry and use for that purpose, scales tested and certified in\naccordance with the provisions of the National Measurement Act 1960 (Cth).\nDivision 2—Outdoor eating facilities on public places\n6.7 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 6.8;\nand\npublic place has the meaning given to it in clause 6.1.\n6.8 Permit required to conduct facility\nA person shall not establish or conduct a facility without a permit.\n6.9 Matters to be considered in determining application\nIn determining an application for a permit for the purpose of clause 6.8, the local government may\nconsider in addition to any other matter it considers relevant, whether or not—\n(a) the facility is conducted in conjunction with and as an extension of food premises which abut\non the facility, and whether the applicant is the person conducting such food premises;\n(b) any abutting food premises are registered in accordance with the Food Act 2008 and whether\nthe use of the premises is permitted under the local planning scheme;\n(c) the facility will comply with any local law made by the local government;\n(d) users of the facility will have access to proper and sufficient sanitary and ablutionary\nconveniences;\n(e) the facility would—\n(i) obstruct the visibility or clear sight lines at an intersection of thoroughfares of any\nperson; or\n(ii) impede pedestrian access; and\n(f) the tables, chairs and other equipment to be used may obstruct or impede the use of the\npublic place for the purpose for which it was designed.\n6.10 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 and any local law made by the local government;\n(b) ensure that the eating area is kept in a clean and tidy condition at all times; 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\nfacility, the local government may give a notice to the permit holder for the facility to carry out that\nwork within the time limited by the notice.\n\n","sortOrder":27},{"sectionNumber":"2328","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2328 GOVERNMENT GAZETTE, WA 2 May 2017\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.\n6.11 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.\n6.12 Use of facility by public\n(1) A person shall not occupy a chair or otherwise use the equipment in a facility the subject of a\npermit unless the person uses them for the purpose of consuming food or drinks provided by the\nfacility.\n(2) A person shall leave a facility when requested to do so by the permit holder.\n6.13 Temporary removal of facility may be requested\n(1) The permit holder for a facility is to temporarily remove the facility when requested to do so on\nreasonable grounds by an authorised person or a member of the Police Service or an emergency\nservice in the event of an emergency.\n(2) The permit holder may replace the facility removed under subclause (1) as soon as the person who\ndirected her or him to remove it allows it to be replaced.\nPART 7—PERMITS\nDivision 1—Applying for a permit\n7.1 Application for permit\n(1) Where a person is required to obtain a permit under this local law, that person shall apply for the\npermit in accordance with subclause (2).\n(2) An application for a permit under this local law shall—\n(a) be in the form determined by the local government from time to time;\n(b) be signed by the applicant;\n(c) provide the information required by the form;\n(d) contain any other information required, for that particular type of permit, under this local\nlaw; and\n(e) be forwarded to the CEO together with any fee imposed and determined by the local\n(3) The local government may require an applicant to provide additional information reasonably\nrelated to an application before determining an application for a permit.\n(4) The local government may require an applicant to give local public notice of the application for a\n(5) The local government may refuse to consider an application for a permit which is not in accordance\nwith subclause (2).\n7.2 Decision on application for permit\n(1) The local government may—\n(a) approve an application for a permit unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a permit.\n(2) If the local government approves an application for a permit, it is to issue to the applicant a permit\nin the form determined by the local government from time to time.\n(3) If the local government refuses to approve an application for a permit, it is to give written notice of\nthat refusal to the applicant.\n(4) Where a clause of this local law refers to conditions which may be imposed on a permit or which\nare to be taken to be imposed on a permit, the clause does not limit the power of the local government\nto impose other conditions on the permit under subclause (1)(a).\n(5) Where a clause of this local law refers to the grounds on which an application for a permit may be\nor is to be refused, the clause does not limit the power of the local government to refuse the\napplication for a permit on other grounds under subclause (1)(b).\n7.3 Relevant considerations in determining application for permit\n(1) In determining an application for a permit, the local government is to have regard to—\n(a) any relevant policy of the local government;\n(b) the desirability of the proposed activity;\n(c) the location of the proposed activity; and\n(d) 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 on any 1 or more of the\nfollowing 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;\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2329\n(b) that the applicant is not a desirable or suitable person to hold a permit; or\n(c) such other grounds as the local government may consider to be relevant in the circumstances\nof the case.\nDivision 2—Conditions\n7.4 Conditions which may be imposed on a permit\nThe local government may approve an application for a permit subject to conditions relating to—\n(a) the payment of a fee;\n(b) the duration and commencement of the permit;\n(c) the commencement of the permit being contingent on the happening of an event;\n(d) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n(e) the approval of another application for a permit which may be required by the local\ngovernment under any written law;\n(f) the area of the district to which the permit applies;\n(g) where a permit is issued for an activity which will or may cause damage to a public place, the\npayment of a deposit or bond against such damage;\n(h) the obtaining of public risk insurance in an amount and on terms reasonably required by the\nlocal government; and\n(i) the provision of an indemnity from the permit holder indemnifying the local government in\nrespect of any injury to any person or any damage to any property which may occur in\nconnection with the use of the public place by the permit holder.\n7.5 Imposing conditions under a policy\n(1) In this clause, policy means a policy of the local government adopted by the Council containing\nconditions subject to which an application for a permit may be approved under clause 7.2(1)(a).\n(2) Under clause 7.2(1)(a) the local government may approve an application subject to conditions by\nreference to a policy.\n(3) The local government is to give a copy of the policy, or the part of the policy which is relevant to\nthe application for a permit, with the form of permit referred to in clause 7.2(2).\n(4) An application for a permit is to be taken not to have been approved subject to the conditions\ncontained in a policy until the local government gives the permit holder a copy of the policy or the\npart of the policy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy is to be taken\nto be information within section 5.94(u)(i) of the Act.\n7.6 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 by giving written notice to the permit\nholder, and the permit holder shall comply with those conditions as varied, effective from the date the\nwritten notice is given.\nDivision 3—General\n7.7 Duration of permit\nA permit is valid for 1 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 7.11.\n7.8 Renewal of permit\n(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the\nrenewal of the permit.\n(2) The provisions of—\n(a) this Part; and\n(b) any other provision of this local law relevant to the permit which is to be renewed,\nshall apply, with appropriate modifications, to an application for the renewal of a permit.\n7.9 Transfer of permit\n(1) An application for the transfer of a valid permit is to—\n(a) be made in writing;\n(b) be signed by the permit holder and the proposed transferee of the permit;\n(c) provide such information as the local government may require to enable the application to be\ndetermined; and\n\n","sortOrder":28},{"sectionNumber":"2330","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2330 GOVERNMENT GAZETTE, WA 2 May 2017\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.\n7.10 Production of permit\nA permit holder is to produce to an authorised person her or his permit immediately upon being\nrequired to do so by that authorised person.\n7.11 Cancellation of permit\n(1) Subject to clause 8.1, a permit may be cancelled by the local government on any 1 or more of the\nfollowing grounds—\n(a) the permit holder has not 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;\nor\n(b) if it is relevant to the activity regulated by the permit—\n(i) the permit holder has become bankrupt, or gone into liquidation;\n(ii) the permit holder 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 is\nappointed in relation to any part of the permit holder’s undertakings or property.\n(2) On the cancellation of a permit the permit holder is to be taken to have forfeited any fees paid in\nrespect of the permit.\nPART 8—OBJECTIONS AND REVIEW\n8.1 Application of Part 9 Division 1 of Act\nDivision 1 of Part 9 of the Act and regulation 33 of the Regulations applies when the local government\nmakes a decision—\n(a) under clause 7.2(1); or\n(b) as to whether it will renew, vary, or cancel a permit that a person has under this local law.\nPART 9—MISCELLANEOUS NOTICES\n9.1 Notice to redirect or repair sprinkler\nWhere a lawn or a garden is being watered with a sprinkler which is on the lawn or the garden, in a\nmanner which causes or may cause an inconvenience or obstruction to any person using a\nthoroughfare, the local government may give a notice to the owner or the occupier of the land abutting\non the lawn or the garden, requiring the owner or the occupier or both to move or alter the direction of\nthe sprinkler or other watering equipment.\n9.2 Hazardous plants\n(1) Where a plant in a garden creates or may create a hazard for any person using a thoroughfare, the\nlocal government may give a notice to the owner or the occupier of the land abutting on the garden to\nremove, cut, move or otherwise deal with that plant so as to remove the hazard.\n(2) Subclause (1) does not apply where the plant was planted by the local government.\n9.3 Notice to repair damage to thoroughfare\nWhere any portion of a thoroughfare has been damaged, the local government may by notice to the\nperson who caused the damage order the person to repair or replace that portion of the thoroughfare\nto the satisfaction of the local government.\n9.4 Notice to remove thing unlawfully placed on thoroughfare\nWhere any thing is placed on a thoroughfare in contravention of this local law, the local government\nmay by notice in writing to the owner or the occupier of the property which abuts on that portion of\nthe thoroughfare where the thing has been placed, or such other person who may be responsible for\nthe thing being so placed, require the relevant person to remove the thing.\nPART 10—ENFORCEMENT\n10.1 Offence to fail to comply with notice\nWhenever the local government gives a notice under this local law requiring a person to do any thing,\nif the person fails to comply with the notice, the person commits an offence.\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2331\n10.2 Local government may undertake requirements of notice\nWhere a person fails to comply with a notice referred to in clause 10.1, the local government may do\nthe thing specified in the notice and recover from that person, as a debt, the costs incurred in so\ndoing.\n10.3 Offences\n(1) Any person who fails to do anything required or directed to be done under this local law, or who\ndoes anything which under this local law that person is prohibited from doing, commits an offence.\n(2) Any person who commits an offence under this local law is liable, upon conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding\n$500 for each day or part of a day during which the offence has continued.\n10.4 Prescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of\nsection 9.16(1) of the Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 1.\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":29},{"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.\n————\n[Clause 10.4]\n1 2.1(a) Plant of 0.75m in height on thoroughfare within 6m of\nintersection\n2 2.1(b) Damaging lawn or garden 125\n3 2.1(c) Plant (except grass) on thoroughfare within 2m of carriageway 125\n4 2.1(d) Placing hazardous substance on footpath 200\n5 2.1(e) Damaging or interfering with signpost or structure on\nthoroughfare\n6 2.1(f) Playing games so as to impede vehicles or persons on\nthoroughfare\n7 2.1(g) Riding of bicycle, skateboard or similar device on mall or\nverandah of shopping centre\n8 2.2(1)(a) Digging a trench through a kerb or footpath without a permit 200\n9 2.2(1)(b) Throwing or placing anything on a verge without a permit 200\n10 2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare\nwithout a permit\n11 2.2(1)(d) Causing obstruction to water channel on thoroughfare without\na permit\n12 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a\n13 2.2(1)(g) Lighting a fire on a thoroughfare without a permit 350\n14 2.2(1)(h) Felling tree onto thoroughfare without a permit 200\n15 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 200\n16 2.2(1)(j) Installing a hoist or other thing on a structure or land for use\nover a thoroughfare without a permit\n17 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 200\n18 2.2(1)(l) Placing a bulk rubbish container on a thoroughfare without a\n19 2.2(1)(m) Interfering with anything on a thoroughfare without a permit 200\n\n","sortOrder":30},{"sectionNumber":"2332","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2332 GOVERNMENT GAZETTE, WA 2 May 2017\n20 2.3(1) Consumption or possession of liquor on thoroughfare 200\n21 2.7(1) Installation of verge treatment other than permissible verge\ntreatment\n22 2.8 Failure to comply with the obligations of owner or occupier 200\n23 2.15(2) Failure to comply with sign on public place 125\n24 2.17(2) Driving or taking a vehicle on a closed thoroughfare 350\n25 3.2(1) Placing advertising sign or affixing any advertisement on a\nthoroughfare or verge\n26 3.2(3) Erecting or placing of advertising sign in a prohibited area 125\n27 4.1(1) Animal or vehicle obstructing a public place or local\ngovernment property\n28 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 125\n29 4.2(2)(b) Animal in public place with infectious disease 125\n30 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 125\n31 4.2(2)(d) Failure to remove animal excreta 125\n32 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 125\n33 5.6(1) Driving a vehicle on other than the carriageway of a flora road 300\n34 5.9 Planting in a thoroughfare without a permit 300\n35 5.11 Failure to obtain a permit to clear a thoroughfare 500\n36 5.13 Burning of a thoroughfare without a permit 500\n37 5.17 Construction of firebreak on thoroughfare without a permit 500\n38 5.19 Commercial harvesting of native flora on thoroughfare 500\n39 5.20(1) Collecting seed from native flora on thoroughfare without a\n40 6.2(1) Conducting of stall in public place without a permit 350\n41 6.3(1) Trading without a permit 350\n42 6.6(1)(a) Failure of stallholder or trader to display or carry permit 125\n43 6.6(1)(b) Stallholder or trader not displaying valid permit 125\n44 6.6(1)(c) Stallholder or trader not carrying certified scales when selling\ngoods by weight\n45 6.8 Establishment or conduct of outdoor eating facility without a\n46 6.10 Failure of permit holder of outdoor eating facility to comply\nwith obligations\n47 6.12(1) Use of equipment or outdoor eating facility without purchase\nof food or drink from facility\n48 6.12(2) Failure to leave outdoor eating facility when requested to do so\nby permit holder\n49 7.6 Failure to comply with a condition of a permit 200\n50 7.10 Failure to produce permit on request of authorised person 125\n51 10.1 Failure to comply with notice given under local law 200\n52 10.3 All other offences not specified 125\n————\nACCEPTABLE MATERIAL\n[Clause 2.4]\n1. General\nAll forms of loose aggregate materials such as pebbles, stones, crushed brick and gravel are\nacceptable. The materials shall be no larger than 50mm and no smaller than 20mm in diameter. The\nmaterial must be contained within the verge area at all times.\n2. Paving\nThe verge may be fully paved subject to a street tree being planted in the verge if one does not already\nexist. Where street trees are present there must be an area of open space a minimum of 1 metre in\ndiameter from the edge of the tree to the edge of the paving.\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2333\nPaving is to consist of porous pavers or similar material is to be installed in a manner that can easily\nbe removed to access underground services.\nIn situations where it is found by the Shire that 100% paving of the verge is causing flooding the\nShire may require the area of paving to be reduced.\n————\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2335\nCEMETERIES ACT 1986\nCEMETERY LOCAL LAW 2016\nUnder the powers conferred by the Cemeteries Act 1986 and the Local Government Act 1995 and\nunder all other powers enabling it, the Council of the Shire of Quairading resolved on 24th November\n2016 to make the following local law.\nThis local law is cited as the Shire of Quairading Cemetery Local Law 2016.\n1.3 Repeal of local law\nThe Shire of Quairading Cemeteries Local Law 2000, as published in the Government Gazette on 23\nMay 2001 is repealed.\n1.4 Purpose and effect\n(1) The purpose of this local law is to provide for the orderly management of those Cemeteries in\naccordance with established plans and to create offences for inappropriate behaviour within cemetery\ngrounds.\n(2) The effect of this local law is that all persons in the administration of the cemeteries, burying\ndeceased in the cemeteries, or otherwise providing services to or making use of the cemeteries, are to\ncomply with the provisions of this Local Law.\n1.5 Application\nThis local law applies to the cemeteries located in the district.\n1.6 Interpretation\n(1) In this local law, unless the context otherwise requires—\nAct means the Cemeteries Act 1986;\nanimal means a live vertebrate, other than a human or a fish;\nashes means so much of the remains of a dead body after the due processes of cremation as may\nbe contained in a standard sized cremation urn;\nassistance animal has the same meaning as in the Disability Discrimination Act 1992 (Cth);\nauthorised officer means an employee of the Board appointed 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 Shire of Quairading;\nburial has the same meaning given to it in the Act;\ncemetery means any one or any part of the public cemeteries in the district of the Board, which\nthe Governor, by order, has placed under the care control and management of the Board;\nCEO means the Chief Executive Officer of the Board;\ncoffin means a coffin or other receptacle used for the transportation of a dead body to the grave\nsite;\nCommissioner of Police means the Commissioner of Police for the time being appointed under\nthe Police Act 1892 and includes any person for the time being acting in that capacity in the\nabsence of the Commissioner of Police;\ndead body has the same meaning given to it in the Act;\ndistrict means the district of the Shire of Quairading;\n\n","sortOrder":31},{"sectionNumber":"2336","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2336 GOVERNMENT GAZETTE, WA 2 May 2017\nfuneral has the meaning given to it in the Cemeteries Act 1986;\nfuneral director means a person holding a current funeral director’s licence issued by the Board\nunder section 17 of the Act;\nfuneral director’s licence means a licence issued by the Board in accordance with clause 4.2,\nwhich entitles the holder to conduct funerals at the cemeteries;\ngrant means a grant issued by the Board, of an exclusive right of burial in a grave;\ngrave means a specified area of the cemetery for burial;\nholder in relation to a grant includes—\n(a) a person issued with a grant by the Board; or\n(b) a person for the time being appearing to the Board to be the holder of a grant;\nmemorial has the meaning given to it in the Cemeteries Act 1986;\nMinister means the Minister for Local Government;\nmonument includes a tombstone, vault, enclosure or other approved form of memorial;\nmonumental mason licence means a licence issued under clause 7.14(1);\nmonumental work includes the erection, alteration or removal of or other working upon a\nmonument on a grave;\npersonal representative means—\n(a) the administrator or executor of an estate of a deceased person;\n(b) the person who, by law of practice, has the right to apply for administration of the\nestate of the deceased person; or\n(c) a person having the lawful custody of a dead body;\nset fee refers to fees and charges set by a resolution of the Board in accordance with sections 6.16\nto 6.19 of the Local Government Act 1995 and published in the Government Gazette, under\nsection 53 of the Act;\nsingle funeral permit means a permit issued by the Board under section 20 or 21 of the Act\nwhich entitles the holder to conduct at the cemetery a funeral of a person named in the\npermit; and\nvehicle has the same meaning as is given to that word in the Road Traffic Act 1974, as amended\nfrom time to time, and includes trail bikes, beach buggies and other recreational vehicles\nlicensed or unlicensed, but excludes a wheelchair being used by a physically impaired person.\n(2) Unless otherwise defined herein, the terms and expressions used in this local law shall have the\nsame meaning given to them in the Act.\nPART 2—ADMINISTRATION\n2.1 Powers and functions of CEO\nSubject to any directions given by the Board, the CEO shall exercise all the powers and functions of\nthe Board in respect of the cemeteries.\nPART 3—APPLICATION FOR FUNERALS\n3.1 Grant of right of burial\nThe Board may issue to a person a grant of right of burial, for the term specified in the Act from time\nto time, upon—\n(a) written application by that person; and\n(b) payment of the set fee.\n3.2 Application for burial\n(1) A person may apply for approval to bury a dead body in the cemetery in the form determined by\nthe Board from time to time.\n(2) An application under subclause (1) is to be accompanied by the set fee.\n3.3 Applications to be accompanied by certificates etc\nAn application referred to in clause 3.2 shall be accompanied by either a medical certificate of death\nor a Coroner’s order of burial, and a certificate issued under clause 3.4, in respect of the dead body.\n3.4 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 the funeral director, the dead body is not in a fit state to be viewed; or\n(b) after reasonable effort, the funeral director is unable to arrange for a person to identify the\ndead body.\n(2) Where—\n(a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2337\n(b) after reasonable effort the funeral director is unable to arrange for a person to identify the\ndead body,\nthen the funeral director shall complete a certificate in the form determined by the Board from time\nto time.\n3.5 Minimum notice required\nAll bookings to hold a funeral shall be made with the Board at least 2 working days prior to the time\nproposed for burial on the application, otherwise an extra charge may be made.\n3.6 Time for burials\n(1) Subject to subclause (2), a person shall only carry out a burial between the hours of 6:00 a.m. and\n6:00 p.m. Monday to Sunday.\n(2) A person shall not carry out a burial—\n(a) on Christmas Day; or\n(b) on Good Friday.\nPART 4—FUNERAL DIRECTORS\n4.1 Directing a funeral\nA person shall not direct a funeral within a cemetery or otherwise make use of the cemetery for any\npurpose connected with directing the funeral unless that person is—\n(a) the funeral director;\n(b) an employee of the funeral director; or\n(c) a holder of a single funeral permit.\n4.2 Funeral director’s licence\n(1) The Board may, upon the receipt of an application in writing in the form determined by the Board\nfrom time to time and upon payment of a set fee, issue to an applicant a funeral director’s licence\nauthorising a holder to direct funerals within a cemetery at such times and on such days and subject\nto such conditions as the Board shall specify and in compliance with the provisions of this local law.\n(2) If the application referred to in subclause (1) is approved by the Board, the Board shall issue to the\napplicant a licence in the form determined by the Board from time to time.\n(3) A person who is the holder of a current funeral director’s licence may apply for a new licence for\nthe following year by lodging with the Board an application form and upon payment of the set fee.\n4.3 Funeral director’s licence expiry\nA funeral director’s licence shall expire on 30 June in each year.\n4.4 Cancellation of a funeral director’s licence\n(1) The Board may, by notice in writing to a holder of a funeral director’s licence, cancel a licence if—\n(a) the holder of the licence or any employee of the holder has committed a breach of this local\nlaw, the Act or any of the conditions upon which the licence was issued;\n(b) in the opinion of the Board, the conduct of the holder of the funeral director’s licence or any\nemployee of the holder in directing or attempting to direct a funeral within a cemetery, is\ninappropriate or unbecoming;\n(c) the holder of the funeral director’s licence has purported to transfer the licence issued to that\nholder;\n(d) the funeral director’s licence was issued erroneously or in consequence of a false or fraudulent\ndocument, statement or representation;\n(e) the fee for the funeral director’s licence is due and unpaid;\n(f) the holder of the funeral director’s licence is convicted of an offence against the Act or this\nlocal law; or\n(g) the Board is no longer satisfied that the holder of the funeral director’s licence—\n(i) is of good repute and is fit to hold the funeral director’s licence; or\n(ii) has suitable facilities and equipment for handling and storing dead bodies and\nconducting funerals.\n(2) Upon the cancellation of the licence pursuant to subclause (1), no part of any fee paid for the issue\nof that licence is refundable by the Board.\n4.5 Application for a single funeral permit\nEvery application for a single funeral permit made under section 20 or 21 of the Act shall include\ncoffin specifications and details of the vehicle transporting the dead body to the gravesite.\n4.6 Application may be refused\nThe Board may refuse an application for a single funeral permit if, in the opinion of the Board, either\nthe coffin specifications or the details of the vehicle transporting the dead body to the gravesite are\nnot structurally sound or are otherwise inadequate or inappropriate, or on any other grounds.\n\n","sortOrder":32},{"sectionNumber":"2338","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2338 GOVERNMENT GAZETTE, WA 2 May 2017\n4.7 Review of decision\nAn aggrieved person whose licence has been cancelled or suspended under this part may appeal to the\nState Administrative Tribunal against a decision of the Board under this part and in the manner\nstated in section 19 of the Act.\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\nPart 3 of this local law;\n(b) it is enclosed in a coffin which in the opinion of the Board is structurally sound and bears the\nname of the deceased person indelibly inscribed in legible characters on a plate on the coffin’s\nlid; and\n(c) under the plate referred to in paragraph (b) there is a substantive lead strip bearing the\nsurname of the deceased person stamped in legible characters, each character being not less\nthan 10mm in height.\n5.2 Funeral processions\nThe time fixed by the Board for any burial shall be the time at which the funeral procession is to\narrive at the cemetery gates, and, if not punctually observed, then the applicant who applied to hold\nthe funeral under clause 3.1 shall pay the set fee for being late.\n5.3 Vehicle access and speed limitations\n(1) Subject to subclause (2), every funeral procession shall enter by the principal entrance, and no\nvehicle except the hearse, and official mourning coaches, shall be permitted to enter the interment\narea.\n(2) This clause shall not apply to persons using wheelchairs or motorised wheelchairs.\n(3) Vehicles shall proceed within the cemetery by the constructed roadway or other areas designated\nfor the use of vehicles and shall not exceed the speed limit indicated by signs.\n5.4 Offenders may be ordered to leave\nA person committing an offence under subclause 5.3(3) may be ordered to leave the cemetery by the\nCEO or an authorised officer.\n5.5 Conduct of funeral by Board\nWhen conducting a funeral under section 22 of the Act, the Board may—\n(a) require a person to lodge with the Board a written request for the Board to conduct a funeral;\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) bury a dead body within a cemetery under the delegation of the Board and in conjunction\nwith the Act;\n(e) specify an area in the cemetery where the dead body is to be buried or the ashes placed;\n(f) conduct the funeral notwithstanding the failure of a person to make any application or to\nobtain any consent required under this local law; and\n(g) do or require anything which it considers is necessary or convenient for the conduct of a\nfuneral by it.\nDivision 2—Placement of Ashes\n5.6 Disposal of ashes\n(1) A 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) scattering to the winds; or\n(c) other memorials approved by the Board.\n(2) Subject to subclauses (3) and (4), a person shall not place the ashes of a deceased person in the\ncemetery.\n(3) An authorised officer may place the ashes of a deceased person in a cemetery in accordance with\nthe Board’s 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\n2 May 2017 GOVERNMENT GAZETTE, WA 2339\n(4) An authorised officer may place the ashes of a deceased person within a grave in accordance with\nthe Board’s 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 not bury a coffin within the cemetery so that the distance from the top of the coffin\nto the original surface of the ground is—\n(a) subject to paragraph (b), less than 750mm, unless that person has the permission of the\nBoard or an authorised officer; or\n(b) in any circumstances less than 600mm.\n(2) The permission of the Board or the authorised officer in subclause (1)(a) will only be granted\nwhere in the opinion of the Board or the authorised officer, exceptional circumstances require\ngranting of that permission.\n6.2 Re-opening a grave\nIf for the purpose of re-opening a grave in the cemetery, the Board finds it necessary to remove plants,\ngrass, shrubs or other like matter from the grave, then the person ordering the re-opening of that\ngrave shall bear the cost of the removal and any necessary reinstatement.\n6.3 Exhumation of a coffin\n(1) Subject to subclause (2), a person shall not exhume a coffin in the cemetery for the purposes of re-\nburial within 12 months after the date of its interment.\n(2) Subclause (1) shall not apply where the exhumation is ordered or authorised pursuant to the Act.\n(3) Subject to subclause (1) and (2) and prior to any other exhumation, the holder of a grant must\nhave applied in writing to the Board requesting the exhumation and the Board must have authorised\nthe exhumation.\n6.4 Opening of coffin\n(1) A person shall not open a coffin in the cemetery unless—\n(a) the coffin is opened for the purposes of the exhumation of a dead body; or\n(b) that person has produced to the Board an order signed by the Commissioner of Police and the\nBoard has approved the opening of that coffin.\nPART 7—MEMORIALS AND OTHER WORK\n7.1 Application for monumental work\nThe Board may require the written consent of the holder of the right of burial of the grave to\naccompany an application under section 30 of the Act.\n7.2 Placement of monumental work\nEvery memorial shall be placed on proper and substantial foundations as determined by the Board.\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 work.\n7.4 Operation of work\nAll material required in the erection and completion of any work shall, as far as possible, be prepared\nbefore being taken to the cemetery, and all materials required by tradesmen shall be admitted at such\nentrance as the CEO or an authorised officer shall direct.\n7.5 Removal of sand, soil or loam\nNo sand, earth or other material shall be taken from any part of the cemetery for use in the erection\nof any memorial or work except with the written approval of the Board.\n7.6 Hours of work\nPersons shall not be permitted to carry out memorial or other work on graves within the cemetery\nother than during the hours of 8.00 a.m. and 6.00 p.m. on weekdays, and 8.00 a.m. and noon on\nSaturdays, without the written permission of the Board.\n7.7 Unfinished work\nShould any work by masons or others be not completed before 6:00 p.m. on weekdays and noon on\nSaturdays, they shall be required to leave the work in a neat and safe condition to the satisfaction of\nthe CEO or an authorised officer.\n7.8 Use of wood\nNo wooden fence, railing, cross or other wooden erection shall be allowed on or around any grave\nwithout the prior approval of the Board.\n\n","sortOrder":33},{"sectionNumber":"2340","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2340 GOVERNMENT GAZETTE, WA 2 May 2017\n7.9 Plants and trees\nNo trees or shrubs shall be planted on any grave or within the cemetery except such as shall be\napproved by the CEO.\n7.10 Supervision\nAll workers, whether employed by the Board or by any other person, shall at all times whilst within\nthe boundaries of the cemetery be subject to the supervision of the CEO or an authorised officer and\nshall obey such directions as the CEO or an authorised officer may give.\n7.11 Minor maintenance and repair works\nPersons shall be permitted to carry out minor maintenance and repair works, not of a structural\nnature, such as cleaning, touch up painting, etc, on graves, without seeking the approval of the Board.\n7.12 Placing of glass domes and vases\nA person shall not place glass domes, vases or other grave ornaments outside the perimeter of a grave\nin the cemetery as defined in the plans kept and maintained under section 40(2) of the Act.\nDivision 2—Memorial Plaque Section\n7.13 Requirements of a memorial plaque\nAll memorials, placed in a memorial plaque section of the cemetery set aside by the Board, shall be\nsupplied by the Board.\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\nset fee issue to the applicant a monumental mason’s licence.\n(2) A licence issued under subclause (1) authorises the holder to carry out monumental work 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\nA monumental mason’s licence—\n(a) shall, subject to clause 7.18, be valid from the date specified therein until 30 June the next\nfollowing year; and\n(b) is not transferable.\n7.16 Carrying out monumental work\nA person shall not carry out monumental work within the cemetery unless that person—\n(a) is the holder of a current monumental mason’s licence issued pursuant to clause 7.14 or does\nso as the employee of a person who holds such a licence;\n(b) is authorised by the Board to do so; or\n(c) has received from the Board permission to do so during a funeral service.\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, and any other written\nlaw 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 any of the following grounds—\n(a) that the holder of the licence has committed a breach of the requirements and conditions of\nthe licence, this local law, or any other written law which may affect the carrying out of\nmonumental works;\n(b) that, in the opinion of the Board, the conduct of the holder of the licence or any person in the\nemploy of that holder in carrying out or attempting to carry out any works within the\ncemetery, is inappropriate or unbecoming; or\n(c) that the holder of the licence has purported to transfer the licence issued to that holder.\n(2) Upon the termination of a monumental mason’s licence under this clause, no part of any fee paid\nfor the issue of that licence is refundable by the Board.\nPART 8—GENERAL\n8.1 Assistance animals\nA person shall not bring an animal into or permit an animal to enter or remain in the cemetery, other\nthan an assistance animal as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth) or\nwith the approval of the CEO or an authorised officer.\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2341\n8.2 Damaging and removing of objects\nSubject to clause 8.3(3), a person shall not damage, remove or pick any tree, plant, shrub or flower in\nthe cemetery or any other object or thing on any grave or memorial or which is the property of the\nBoard without the permission of the Board.\n8.3 Flowers\n(1) All flowers must be placed in vases or receptacles.\n(2) No person shall plant trees, shrubs or plants in the cemetery without the prior approval of the\nBoard.\n(3) A 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; or\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\nA person shall not advertise or carry on any trade, business or profession within the cemetery without\nthe prior written approval of the Board which consent may be granted subject to such conditions as\nthe 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\naddition to any penalty provided by this local law, be ordered to leave the cemetery by the Board, the\nCEO or an authorised officer.\n8.8 Fireworks or firearms\n(1) A person shall not bring any fireworks into or discharge any fireworks within the cemetery.\n(2) A person shall not bring any firearms into or discharge any firearms within the cemetery.\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 and if the offence is a continuing one, to a further\npenalty not exceeding $20 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 column 4\nof Schedule 1.\n(3) The prescribed form of the infringement notice referred to in section 63(1) of the Act is set out in\nSchedule 2.\n(4) The prescribed form of the notice withdrawing an infringement notice referred to in section 63(3)\nof the Act is set out in Schedule 3.\n————\nModified Penalties\n[Clause 9.2(1)&(2)]\nItem\nNo. Clause Nature of Offence Modified\nPenalty\n1 5.3(3) Exceeding speed limit $50\n2 5.3(3) Not driving on constructed vehicle roadways $50\n3 7.3 Not removing rubbish and surplus materials $50\n4 7.7 Leaving uncompleted works in an untidy or unsafe condition $50\n5 8.1 Unauthorised animal within cemetery $50\n\n","sortOrder":34},{"sectionNumber":"2342","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2342 GOVERNMENT GAZETTE, WA 2 May 2017\nItem\nNo. Clause Nature of Offence Modified\nPenalty\n6 8.4 Littering and vandalism $50\n7 8.5 Unauthorised advertising or trading $50\n8 8.6 Disobeying sign or lawful direction $50\n9 9.1 All other offences not specified $50\n————\nForm 1\nINFRINGEMENT NOTICE\n[Clause. 9.2(3)]\nTO: .................................................................................................................................................................\n(Name)\n.......................................................................................................................................................................\n(Address)\n.......................................................................................................................................................................\nIt is alleged that at ................. : ............... hours on............................. day\nof ........................................................... 20 ............. at ....................................................\n.......................................................................................................................................................................\nyou committed the offence indicated below by an (x) in breach of clause ............ of the Shire of\nQuairading Cemetery Local Law 2016.\n.......................................................\n(Authorised Officer)\nOffence\n Unauthorised animal within cemetery [Clause 8.1]\n Not removing rubbish and surplus materials [Clause 7.3]\n Exceeding speed limit [Clause 5.3(3)]\n Leaving uncompleted works in an untidy or unsafe condition [Clause 7.7]\n Littering and vandalism [Clause 8.4]\n Unauthorised advertising or trading [Clause 8.5]\n Not driving on constructed vehicle areas [Clause 5.3(3)]\n Disobeying sign or lawful direction [Clause 8.6]\n Other Offence ...................................................................................\n$ ..............................................................\nYou may dispose of this matter—\nBy payment of the penalty as shown within 21 days of the date of this notice (or the date of the\ngiving of this notice if that is a different date) to the Chief Executive Officer of the Shire of\nQuairading at 10 Jennaberring Road Quairading between the hours of 9:00 a.m. to 4.30 p.m.\nMonday to Friday.\nPlease make cheques payable to the Shire of Quairading. Payments by mail should be addressed to—\nThe Chief Executive Officer\nShire of Quairading\nPO Box 38\nQUAIRADING WA 6383\nIf the penalty is not paid within the time specified, then a complaint of the alleged offence may be\nmade and heard and determined by a court.\n————\nSchedule 3\nForm 2\nWITHDRAWAL OF INFRINGEMENT NOTICE\n[Clause 9.2(4)]\nNo. ..........................\n.......................................................................................................................... Date .......... / .......... / ..........\nTo [1] ...............................................................................................................................................................\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2343\nInfringement Notice No .................................... dated .......... / .......... / .......... for the alleged offence of [2]\n........................................................................................................................................................................\nPenalty [3] $ ............................... is withdrawn.\n(Delete whichever does not apply)\n* No further action will be taken.\n* It is proposed to institute court proceedings for the alleged offence.\n[1] Insert name and address of alleged offender.\n[2] Insert short particulars of offence alleged.\n[3] Insert amount of penalty prescribed.\n........................................................\n(Authorised Officer)\n————\nG. A. FARDON, Chief Executive Officer.\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2345\nLOCAL GOVERNMENT PROPERTY LOCAL LAW 2016\nit, the Council of the Shire of Quairading resolved on 24th November 2016 to make the following local\nlaw.\nThis local law may be cited as the Shire of Quairading Local Government Property Local Law 2016.\n1.2 Purpose and effect\n(1) The purpose of this local law is to provide for the regulation, control and management of activities\nand facilities on local government property within the district.\n(2) The effect of this local law is to establish the requirements with which any persons using or being\non local government property within the district must comply.\n1.3 Commencement\nThe following local laws are repealed—\n(a) The Municipality of the Shire of Quairading By-laws Relating to Management Of The\nQuairading District Memorial Swimming Pool, as published in the Government Gazette on 24\nDecember 1996; and\n(b) Shire of Quairading Local Government Property Local Law, as published in the Government\nGazette on 23 May 2001.\n1.5 Application\n1.6 Definitions\nIn this local law unless the context otherwise requires—\nAct means the Local Government Act 1995;\napplicant means a person who applies for a permit under clause 3.2;\nAct to perform any of the functions of an authorised person under this local law;\nbuilding means any building which is local government property and includes a—\n(a) hall or room;\n(b) corridor, stairway or annexe of any hall or room; and\n(c) jetty;\nCEO means the Chief Executive Officer of the local government;\nchildren’s playground means an area set aside for use by children and noted by the presence of\ndedicated children’s playground equipment and the presence of either sand or other form of\nsoft fall surface;\nCode means the Code of Practice for the Design, Operation, Management and Maintenance of\nAquatic Facilities as published by the Executive Director Public Health, from time to time,\npursuant to the provisions of section 344A(2) of the Health Act;\ncommencement day means the day on which this local law comes into operation;\ncosts of the local government include its administrative costs;\nCouncil means the council of the local government;\n\n","sortOrder":35},{"sectionNumber":"2346","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2346 GOVERNMENT GAZETTE, WA 2 May 2017\ndate of publication means, where local public notice is required to be given of a matter under\nthis local law, the date on which notice of the matter is published in a newspaper circulating\ngenerally throughout the district;\ndetermination means a determination made under clause 2.1;\nfunction means an event or activity characterised by all or any of the following—\n(a) formal organisation and preparation;\n(b) its occurrence is generally advertised or notified in writing to particular persons;\n(c) organisation by or on behalf of a club;\n(d) payment of a fee to attend it; and\n(e) systematic recurrence in relation to the day, time and place;\nGeneral Regulations means the Local Government (Functions and General) Regulations 1996;\nHealth Act means the Health Act 1911;\nliquor has the same meaning as is given to it in section 3 of the Liquor Control Act 1988;\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 Land Administration\nAct 1997; or\n(c) which is an ‘otherwise unvested facility’ within section 3.53 of the Act;\nlocal public notice has the same meaning as in section 1.7 of the Act;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\n(c) interference which causes materials damage to land or other property on the land\naffected by the interference;\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;\npool area means any swimming and wading pools and spas and all buildings, structures,\nfittings, fixtures, machinery, chattels, furniture and equipment forming part of or used in\nconnection with such swimming and wading pools and spas which are local government\npool manager means the person for the time being employed by the local government to control\nand manage a pool area or other facility which is local government property and includes the\nperson’s assistant or deputy;\nprohibited drug is given its meaning under section 4 of the Misuse of Drugs Act 1981;\nsign includes a notice, flag, mark, structure or device approved by the local government on which\nmay be shown words, numbers, expressions or symbols;\ntrading means the selling or hiring, or the offering for sale or hire of goods or services, and\nincludes displaying goods for the purpose of—\n(a) offering them for sale or hire;\n(b) inviting offers for their sale or hire;\n(c) soliciting orders for them; or\n(d) carrying out any other transaction in relation to them; and\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels,\ntracks or otherwise; and\n(b) an animal being ridden or driven,\nbut excludes—\n(c) a wheelchair or any device designed for use by a physically impaired person on a\nfootpath; and\n(d) a pram, a stroller, shopping trolley or a similar device.\n1.7 Interpretation\nIn this local law, a reference to local government property includes a reference to any part of that\nlocal government property.\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2347\n1.8 Overriding power to hire or agree\nDespite anything to the contrary in this local law, the local government may—\n(a) hire local government property to any person; or\n(b) enter into an agreement with any person regarding the use of any local government property.\n1.9 Assistance animals\nThis local law is subject to any written law and any law of the Commonwealth about assistance\nanimals as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth).\nPART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\nDivision 1—Determinations\n2.1 Determinations as to use of local government property\n(1) The local government may make a determination in accordance with clause 2.2—\n(a) setting aside specified local government property for the pursuit of all or any of the activities\nreferred to in clause 2.7;\n(b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on\nspecified local government property;\n(c) as to the matters in clauses 2.7(2) and 2.8(2); and\n(d) as to any matter ancillary or necessary to give effect to a determination.\n(2) The determinations in Schedule 2—\n(a) are to be taken to have been made in accordance with clause 2.2;\n(b) may be amended or revoked in accordance with clause 2.6; and\n(c) have effect on the commencement day.\n2.2 Procedure for making a determination\n(1) The local government is to give local public notice of its intention to make a determination.\n(2) The local public notice referred to in subclause (1) is to state that—\n(a) the local government intends to make a determination, the purpose and effect of which is\nsummarised in the notice;\n(b) a copy of the proposed determination may be inspected and obtained from the offices of the\nlocal government; and\n(c) submissions in writing about the proposed determination may be lodged with the local\ngovernment within 21 days after the date of publication.\n(3) If no submissions are received in accordance with subclause (2)(c), the Council is to decide to—\n(a) give local public notice that the proposed determination has effect as a determination on and\nfrom the date of publication;\n(b) amend the proposed determination, in which case subclause (5) will apply; or\n(c) not continue with the proposed determination.\n(4) If submissions are received in accordance with subclause (2)(c) the Council is to—\n(a) consider those submissions; and\n(b) decide—\n(i) whether or not to amend the proposed determination; or\n(ii) not to continue with the proposed determination.\n(5) If the Council decides to amend the proposed determination, it is to give local public notice—\n(a) of the effect of the amendments; and\n(b) that the proposed determination has effect as a determination on and from the date of\npublication.\n(6) If the Council decides not to amend the proposed determination, it is to give local public notice\nthat the proposed determination has effect as a determination on and from the date of publication.\n(7) A proposed determination is to have effect as a determination on and from the date of publication\nof the local public notice referred to in subclauses (3), (5) and (6).\n(8) A decision under subclause (3) or (4) is not to be delegated by the Council.\n2.3 Discretion to erect sign\nThe local government may erect a sign on local government property, to give notice of the effect of a\ndetermination which applies to that property.\n2.4 Determination to be complied with\nA person shall comply with a determination.\n2.5 Register of determinations\n(1) The local government is to keep a register of determinations made under clause 2.1, and of any\namendments to or revocations of determinations made under clause 2.6.\n(2) Sections 5.94 and 5.95 of the Act are to apply to the register referred to in subclause (1) and for\nthat purpose the register is to be taken to be information within section 5.94(u)(i) of the Act.\n\n","sortOrder":36},{"sectionNumber":"2348","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2348 GOVERNMENT GAZETTE, WA 2 May 2017\n2.6 Amendment or revocation of a determination\n(1) The Council may amend or revoke a determination.\n(2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment\nwere a proposed determination.\n(3) If the Council revokes a determination it is to give local public notice of the revocation and the\ndetermination is to cease to have effect on the date of publication.\nDivision 2—Activities which may be pursued or prohibited under a determination\n2.7 Activities which may be pursued on specified local government property\n(1) A determination may provide that specified local government property is set aside as an area on\nwhich a person may—\n(a) bring, ride or drive an animal;\n(b) take, ride or drive a vehicle, or a particular class of vehicle;\n(c) fly or use a motorised model aeroplane;\n(d) use a children’s playground provided that the person is under an age specified in the\ndetermination, but the determination is not to apply to a person having the charge of a person\nunder the specified age;\n(e) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or\nnot in specified areas of that local government property;\n(f) play or practice—\n(i) golf or archery;\n(ii) pistol or rifle shooting, but subject to the compliance of that person with the Firearms\nAct 1973; or\n(iii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\nproperty; and\n(g) ride a bicycle, a skateboard, rollerblades, a sandboard or a similar device.\n(2) A determination may specify the extent to which and the manner in which an activity referred to\nin subclause (1) may be pursued and in particular—\n(a) the days and times during which the activity may be pursued;\n(b) that an activity may be pursued on a class of local government property, specified local\ngovernment property or all local government property;\n(c) that an activity is to be taken to be prohibited on all local government property other than\nthat specified in the determination;\n(d) may limit the activity to a class of vehicles, boats, equipment or things, or may extend it to all\nvehicles, boats, equipment or things;\n(e) may specify that the activity can be pursued by a class of persons or all persons; and\n(f) may distinguish between different classes of the activity.\n2.8 Activities which may be prohibited on specified local government property\npremises means a building, stadium or similar structure which is local government property, but\nnot an open space such as a park or a playing field.\n(2) A determination may provide that a person is prohibited from pursuing all or any of the following\nactivities on specified local government property—\n(a) smoking on premises;\n(b) riding a bicycle, a skateboard, rollerblades, a sandboard or a similar device;\n(c) taking, riding or driving a vehicle on the property or a particular class of vehicle;\n(d) riding or driving a vehicle of a particular class or any vehicle above a specified speed;\n(e) the playing or practice of—\n(i) golf, archery, pistol shooting or rifle shooting; or\n(ii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government, may cause injury or damage to a person or\n(f) the playing or practice of any ball game which may cause detriment to the property or any\nfauna on the property; and\n(g) bring, ride or drive an animal.\n(3) A determination may specify the extent to which and the manner in which a person is prohibited\nfrom pursuing an activity referred to in subclause (1) and, in particular—\n(a) the days and times during which the activity is prohibited;\n(b) that an activity is prohibited on a class of local government property, specified local\ngovernment property or all local government property;\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2349\n(c) that an activity is prohibited in respect of a class of vehicles, boats, equipment or things, or\nall vehicles, boats, equipment or things;\n(d) that an activity is prohibited in respect of a class of persons or all persons; and\n(e) may distinguish between different classes of the activity.\nDivision 3—Transitional\n2.9 Signs taken to be determinations\n(1) Where a sign erected on local government property has been erected under a local law of the local\ngovernment repealed by this local law, then it is to be taken to be and have effect as a determination\non and from the commencement day, except to the extent that the sign is inconsistent with any\nprovision of this local law or any determination made under clause 2.1.\n(2) Clause 2.5 does not apply to a sign referred to in subclause (1).\nPART 3—PERMITS\n3.1 Application of Part\nThis Part does not apply to a person who uses or occupies local government property under a written\nagreement with the local government to do so.\nDivision 2—Applying for a Permit\n3.2 Application for permit\n(1) Where a person is required to obtain a permit under this local law, that person shall apply for the\npermit in accordance with subclause (2).\n(2) An application for a permit under this local law shall—\n(a) be in the form determined by the local government from time to time;\n(b) be signed by the applicant;\n(c) provide the information required by the form; and\n(3) The local government may require an applicant to provide additional information reasonably\nrelated to an application before determining an application for a permit.\n(4) The local government may require an applicant to give local public notice of the application for a\n(5) The local government may refuse to consider an application for a permit which is not in accordance\nwith subclause (2) or where the requirements of subclause (3) or (4) have not been satisfied.\n3.3 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\npermit in the form determined by the local government.\n(3) If the local government refuses to approve an application for a permit, it is to give written notice of\nthat refusal to the applicant.\n(4) The local government may, at any time, amend a condition of approval and the amended condition\ntakes effect when written notice of the amendment is given to the permit holder.\nDivision 3—Conditions\n3.4 Conditions which may be imposed on a permit\n(1) Without limiting the generality of clause 3.3(1)(a), the local government may approve an\napplication for a permit subject to conditions relating to—\n(a) the payment of a fee;\n(b) compliance with a standard or a policy of the local government adopted by the local\ngovernment;\n(c) the duration and commencement of the permit;\n(d) the commencement of the permit being contingent on the happening of an event;\n(e) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n(f) the approval of another application for a permit which may be required by the local\ngovernment under any written law;\n(g) the area of the district to which the permit applies;\n\n","sortOrder":37},{"sectionNumber":"2350","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2350 GOVERNMENT GAZETTE, WA 2 May 2017\n(h) where a permit is issued for an activity which will or may cause damage to local government\nproperty, the payment of a deposit or bond against such damage; and\n(i) the obtaining of public risk insurance in an amount and on terms reasonably required by the\nlocal government.\n(2) Without limiting clause 3.3(1)(a) and subclause (1), the following paragraphs indicate the type and\ncontent of the conditions on which a permit to hire local government property may be issued—\n(a) when fees and charges are to be paid;\n(b) payment of a bond against possible damage or cleaning expenses or both;\n(c) restrictions on the erection of material or external decorations;\n(d) rules about the use of furniture, plant and effects;\n(e) limitations on the number of persons who may attend any function in or on local government\n(f) the duration of the hire;\n(g) the right of the local government to cancel a booking during the course of an annual or\nseasonal booking, if the local government sees fit;\n(h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence is first\nobtained for that purpose under the Liquor Control Act 1988;\n(i) whether or not the hire is for the exclusive use of the local government property;\n(j) the obtaining of a policy of insurance in the names of both the local government and the hirer,\nindemnifying the local government in respect of any injury to any person or any damage to\nany property which may occur in connection with the hire of the local government property by\nthe hirer; and\n(k) the provision of an indemnity from the hirer, indemnifying the local government in respect of\nany injury to any person or any damage to any property which may occur in connection with\nthe hire of the local government property by the hirer.\n3.5 Imposing conditions under a policy\npolicy means a policy of the local government adopted by the Council containing conditions\nsubject to which an application for a permit may be approved under clause 3.3(1)(a).\n(2) Under clause 3.3(1)(a) the local government may approve an application subject to conditions by\nreference to a policy.\n(3) The local government must give a copy of the policy, or the part of the policy which is relevant to\nthe application for a permit, with the form of permit referred to in clause 3.3(2).\n(4) An application for a permit is not to be taken to have been approved subject to the conditions\ncontained in a policy until the local government gives the permit holder a copy of the policy or the\npart of the policy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy shall be\ndeemed to be information within section 5.94(u)(i) of the Act.\n3.6 Compliance with conditions\nWhere an application for a permit has been approved subject to conditions, the permit holder shall\ncomply with each of those conditions.\nDivision 4—General\n3.7 Duration of permit\nA permit is valid for one year from the date on which it is issued, unless—\n(a) it is otherwise stated in this local law or in the permit; or\n(b) it is cancelled under clause 3.11.\n3.8 Renewal of permit\n(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the\nrenewal of the permit.\n(2) The provisions of this Part apply to an application for the renewal of a permit as though it were an\napplication for a permit.\n3.9 Transfer of permit\n(1) An application for the transfer of a valid permit is to—\n(a) be made in writing;\n(b) be signed by the permit holder and the proposed transferee of the permit;\n(c) provide such information as the local government may require to enable the application to be\ndetermined; and\n(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\n2 May 2017 GOVERNMENT GAZETTE, WA 2351\n(3) Where the local government approves an application for the transfer of a permit, the transfer may\nbe effected by an endorsement on the permit signed by the CEO.\n(4) Where the local government approves the transfer of a permit, it is not required to refund any part\nof any fee paid by the former permit holder.\n3.10 Production of permit\nA permit holder is to produce to an authorised person her or his permit immediately upon being\nrequired to do so by that authorised person.\n3.11 Cancellation of permit\n(1) Subject to clause 7.1, a permit may be cancelled by the local government if the permit holder has\nnot complied with a—\n(a) condition of the permit; or\n(b) determination or a provision of any written law which may relate to the activity regulated by\nthe permit.\n(2) On the cancellation of a permit the permit holder—\n(a) shall return the permit as soon as practicable to the CEO; and\n(b) is to be taken to have forfeited any fees paid in respect of the permit.\nDivision 5—When a permit is required\n3.12 Activities needing a permit\n(1) A person shall not without a permit—\n(a) subject to subclause (3), hire local government property;\n(b) advertise anything by any means on local government property;\n(c) erect a structure for public amusement or for any performance, whether for gain or otherwise,\non local government property;\n(d) teach, coach or train, for profit, any person in a pool area or an indoor recreation facility\nwhich is local government property;\n(e) plant any plant or sow any seeds on local government property;\n(f) carry on any trading on local government property unless the trading is conducted—\n(i) with the consent of a person who holds a permit to conduct a function, and where the\ntrading is carried on under and in accordance with the permit; or\n(ii) by a person who has a licence or permit to carry on trading on local government\nproperty under any written law;\n(g) unless an employee of the local government in the course of her or his duties or on an area set\naside for that purpose—\n(i) drive or ride or take any vehicle on to local government property; or\n(ii) park or stop any vehicle on local government property;\n(h) conduct a function on local government property ;\n(i) charge any person for entry to local government property;\n(j) light a fire on local government property except in a facility provided for that purpose;\n(k) parachute, hang glide, abseil or base jump from or on to local government property;\n(l) erect a building or a refuelling site on local government property;\n(m) make any excavation on or erect or remove any fence on local government property;\n(n) erect or install any structure above or below ground, which is local government property, for\nthe purpose of supplying any water, power, sewer, communication, television or similar\nservice to a person;\n(o) de-pasture any horse, sheep, cattle, goat, camel, ass or mule on local government property;\n(p) deposit or store any thing on local government property;\n(q) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly; or\n(r) erect, install, operate or use any broadcasting, public address system, loudspeaker or other\ndevice for the amplification of sound on local government property.\n(2) The local government may exempt a person from compliance with subclause (1) on the application\nof that person.\n(3) The local government may exempt specified local government property or a class of local\ngovernment property from the application of subclause (1)(a).\n3.13 Permit required to camp outside a facility\nfacility has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping\nGrounds Act 1995.\n(2) This clause does not apply to a facility operated by the local government.\n\n","sortOrder":38},{"sectionNumber":"2352","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2352 GOVERNMENT GAZETTE, WA 2 May 2017\n(3) Except in accordance with a determination or a permit, a person must not—\n(a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local\ngovernment property; or\n(b) erect any tent, camp, hut or similar structure on local government property.\n(4) The maximum period for which the local government may approve an application for a permit in\nrespect to paragraph (a) or (b) of subclause (3) is that provided in regulation 11(2)(a) of the Caravan\nParks and Camping Grounds Regulations 1997.\n3.14 Permit required for possession and consumption of liquor\n(1) A person, on local government property, shall not consume any liquor or have in her or his\npossession or under her or his control any liquor, unless—\n(a) that is permitted under the Liquor Control Act 1988; and\n(b) a permit has been obtained for that purpose.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\n3.15 Responsibilities of permit holder\nA holder of a permit shall in respect of local government property to which the permit relates—\n(a) ensure that an authorised person has unobstructed access to the local government property\nfor the purpose of inspecting the property or enforcing any provision of this local law;\n(b) leave the local government property in a clean and tidy condition after its use;\n(c) report any damage or defacement of the local government property to the local government;\nand\n(d) shall take all reasonable steps to prevent the consumption of any liquor on the local\ngovernment property unless the permit allows it and a licence has been obtained under the\nLiquor Control Act 1988 for that purpose.\nPART 4—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY\nDivision 1—Behaviour on and interference with local government property\n4.1 Behaviour which interferes with others\nA person shall not in or on any local government property behave in a manner which—\n(a) interferes with, or is likely to interfere with, the enjoyment of a person who might use the\nproperty; or\n(b) causes or is likely to cause a disturbance to nearby residents; or\n(c) creates a nuisance.\n4.2 Behaviour detrimental to property\ndetrimental to the property includes—\n(a) removing any thing from the local government property such as a rock, a plant or a seat\nprovided for the use of any person; and\n(b) destroying, defacing or damaging anything on the local government property, such as a\nplant, a seat provided for the use of any person or a building.\n(2) A person shall not behave in or on local government property in a way which is or might be\ndetrimental to the property.\n4.3 Taking or injuring any fauna\nanimal means any living thing that is not a human being or plant; and\nfauna means any animal indigenous to or which periodically migrates to any State or Territory\nof the Commonwealth or the territorial waters of the Commonwealth and includes, in relation\nto any such animal—\n(a) any class of animal or individual member;\n(b) the eggs or larvae; or\n(c) the carcass, skin, plumage or fur.\n(2) A person shall not take, injure or kill or attempt to take, injure or kill any fauna which is on or\nabove any local government property, unless that person is authorised under a written law to do so.\n4.4 Intoxicated persons not to enter local government property\n(1) A person must not enter or remain on local government property while under the influence of\nliquor or a prohibited drug.\n(2) A person found in contravention of subclause (1) may be removed from local government property\nby an authorised person or a member of the Police Service.\n4.5 No prohibited drugs\nA person shall not take a prohibited drug onto, or consume or use a prohibited drug on, local\ngovernment property.\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2353\n4.6 Refusal of entry to local government property\n(1) An authorised person may refuse to allow entry, or suspend admission, to a specific venue of local\ngovernment property except for the venue where local government council meetings are held, by any\nperson who he or she believes has behaved in a manner contrary to the provisions of this Part.\n(2) This refusal or suspension can be for any period of up to 12 months as decided by that authorised\nperson.\n(3) A decision made under this clause is a decision to which clause 7.1 applies.\nDivision 2—Signs\n4.7 Signs\n(1) A local government may erect a sign on local government property specifying any conditions of use\nwhich apply to that property.\n(2) A person shall comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) is—\n(a) not to be inconsistent with any provision of this local law or any determination; and\n(b) to be for the purpose of giving notice of the effect of a provision of this local law.\nPART 5—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY\nDivision 1—Swimming pool areas\n5.1 When entry must be refused\n(1) A pool manager or an authorised person shall refuse admission to a pool area , to any person\nwho—\n(a) in her or his opinion is—\n(i) under the minimum age of that specified in the Code and who is unaccompanied by a\nresponsible person over the age of that specified in the Code; or\n(ii) under the minimum age of that specified in the Code and who is accompanied by a\nresponsible person over the age of that specified in the Code where the responsible\nperson is incapable of, or not providing, adequate supervision of, or care, for that\nperson; or\n(iii) suffering from any contagious, infectious or cutaneous disease or complaint, or is in an\nunclean condition; or\n(iv) under the influence of liquor or a prohibited drug; or\n(b) is to be refused admission under and in accordance with a decision of the local government for\nbreaching a clause of this local law.\n(2) If a person referred to in paragraph (a) or (b) of subclause (1) is in a pool area, a pool manager or\nan authorised person must—\n(a) direct the person to leave; and\n(b) if the person refuses or fails to leave, remove the person or arrange for the person to be\nremoved, from the pool area.\n5.2 Consumption of food or drink may be prohibited\nA person must not consume any food or drink in an area where consumption is prohibited by a sign.\nDivision 2—Fenced or closed property\n5.3 No entry to fenced or closed local government property\nA person must not enter local government property which has been fenced off or closed to the public\nby a sign or otherwise, unless that person is authorised to do so by the local government.\nDivision 3—Toilet blocks and change rooms\n5.4 Only specified gender to use entry of toilet block or change room\n(1) Where a sign on a toilet block or change room specifies that a particular entry of the toilet block or\nchange room is to be used by—\n(a) females—then a person of the male gender must not use that entry of the toilet block or\nchange room;\n(b) males—then a person of the female gender must not use that entry of the toilet block or\nchange room; or\n(c) families—then, where the toilet block or change room is being used by a family, only an\nimmediate member of that family may use that entry of the toilet block or change room.\n(2) Paragraphs (a) and (b) of subclause (1) do not apply to a child under the age of 7 years that is\naccompanied by a parent, guardian or care giver, of the gender specified on the particular entry of the\ntoilet block or change room as the gender that may use that entry of the toilet block or change room.\n\n","sortOrder":39},{"sectionNumber":"2354","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2354 GOVERNMENT GAZETTE, WA 2 May 2017\n5.5 Use of shower facilities\n(1) A person may use a shower facility in change rooms on condition that—\n(a) the facilities must be used by the person only for the purposes of cleansing and washing\nthemselves;\n(b) use of the facilities must be restricted to a maximum period of 15 minutes, or such lesser time\nas required by an attendant; and\n(c) the facilities must not be used for the purposes of laundering or washing any clothing or other\narticles.\n(2) If a person referred to in subclause (1) does not comply with the conditions of use of a shower, a\npool manager or an authorised person must—\n(a) direct the person to leave; and\n(b) if the person refuses or fails to leave, remove the person or arrange for the person to be\nremoved, from the pool area.\nDivision 4—Aerodrome (Airports)\n5.6 Access of animals restricted\n(1) Subject to clause 1.9, a person shall not bring an animal on to an aerodrome unless—\n(a) the person is a person referred to in section 8 of the Dog Act 1976 acting in accordance with\nthat provision;\n(b) the animal is being air freighted from the aerodrome;\n(b) the animal has been air freighted to the aerodrome; or\n(c) the person is authorised to do so by the local government.\n(2) A person in charge of an animal shall keep the animal under control and shall not allow it to\nwander at large on the aerodrome.\n(3) If an animal is at any time on an aerodrome in contravention of subclause (2), in addition to the\nperson specified in that subclause, the owner of the animal at that time commits an offence against\nsubclause (2).\nPART 6—FEES FOR ENTRY ON TO LOCAL GOVERNMENT PROPERTY\n6.1 No unauthorised entry to function\n(1) A person shall not enter local government property on such days or during such times as the\nproperty may be set aside for a function for which a charge for admission is authorised, except—\n(a) through the proper entrance for that purpose; and\n(b) on payment of the fee chargeable for admission at the time.\n(2) The local government may exempt a person from compliance with subclause (1)(b).\nPART 7—OBJECTIONS AND REVIEW\n7.1 Objections and review\nDivision 1 of Part 9 of the Act and regulation 33 of the General Regulations applies to a decision\nunder this local law—\n(a) to grant a person a permit or consent under this local law; or\n(b) to renew, vary, or cancel a permit or consent that a person has under this local law.\nPART 8—MISCELLANEOUS\n8.1 Authorised person to be obeyed\nA person on local government property shall obey any lawful direction of an authorised person and\nshall not in any way obstruct or hinder an authorised person in the execution of her or his duties.\n8.2 Persons may be directed to leave local government property\nAn authorised person may direct a person to leave, or temporarily suspend a person from, local\ngovernment property where she or he reasonably suspects that the person has contravened a\nprovision of any written law.\n8.3 Disposal of lost property\nAn article left on any local government property, and not claimed within a period of 3 months, may be\ndisposed of by the local government in any manner it thinks fit.\n8.4 Liability for damage to local government property\n(1) Where a person unlawfully damages local government property, the local government may by\nnotice in writing to that person require that person within the time required in the notice to, at the\noption of the local government, pay the costs of—\n(a) reinstating the property to the state it was in prior to the occurrence of the damage; or\n(b) replacing that property.\n(2) On a failure to comply with a notice issued under subclause (1), the local government may recover\nthe costs referred to in the notice as a debt due to it.\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2355\nPART 9—ENFORCEMENT\n9.1 Offence to fail to comply with notice\nWhenever the local government gives a notice under this local law requiring a person to do any thing,\nif a person fails to comply with the notice, that person commits an offence.\n9.2 Local government may undertake requirements of notice\nWhere a person fails to comply with a notice referred to in clause 9.1, the local government may do\nthe thing specified in the notice and recover from the person to whom the notice was given, as a debt,\nthe costs incurred in so doing.\n","sortOrder":40},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"General","content":"Subdivision 1—General\n9.3 Offences and general penalty\n(1) Any person who fails to do anything required or directed to be done under this local law, or who\ndoes anything which under this local law that person is prohibited from doing, commits an offence.\n(2) Any person who commits an offence under this local law is liable, upon conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding\n$500 for each day or part of a day during which the offence has continued.\nSubdivision 2—Infringement notices and modified penalties\n9.4 Prescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of\nsection 9.16(1) of the Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 1.\n(3) For the purpose of guidance only, before giving an infringement notice to a person in respect of the\ncommission of a prescribed offence, an authorised person should be satisfied that—\n(a) commission of the prescribed offence is a relatively minor matter; and\n(b) only straightforward issues of law and fact are involved in determining whether the\nprescribed offence was committed, and the facts in issue are readily ascertainable.\n9.5 Form of notices\n(1) For the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to\nin section 9.13 of the Act is that of Form 1 in Schedule 1 of the General Regulations;\n(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the General 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 General Regulations.\n(2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence\nagainst clause 2.4, the notice is to contain a description of the alleged offence.\nDivision 3—Evidence in legal proceedings\n9.6 Evidence of a determination\n(1) In any legal proceedings, evidence of a determination may be given by tendering the register\nreferred to in clause 2.5 or a certified copy of an extract from the register.\n(2) If evidence is given under subclause (1) it is presumed, unless the contrary is proven, that the\ndetermination was properly made and that every requirement for it to be made and have effect has\nbeen satisfied.\n(3) Subclause (2) does not make valid a determination that has not been properly made.\n————\n[Clause 9.4]\n1 2.4 Failure to comply with determination 125\n2 3.6 Failure to comply with conditions of permit 125\n3 3.12(1) Failure to obtain a permit 125\n\n","sortOrder":41},{"sectionNumber":"2356","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2356 GOVERNMENT GAZETTE, WA 2 May 2017\n4 3.13(3) Failure to obtain permit to camp outside a facility 125\n5 3.14(1) Failure to obtain permit for liquor 125\n6 3.15 Failure of permit holder to comply with responsibilities 125\n7 4.2(2) Behaviour detrimental to property 350\n8 4.4 Entering or remaining on local government property while\nunder influence of liquor or prohibited drug\n9 4.7(2) Failure to comply with sign on local government property 125\n10 5.3 Unauthorised entry to fenced or closed local government\nproperty\n11 5.4 Gender not specified using entry of toilet block or change\nroom\n12 6.1(1) Unauthorised entry to function on local government property 125\n13 9.1 Failure to comply with notice 250\n14 9.3(1) All other offences not specified 125\n————\nDETERMINATIONS\n[Clause 2.1(2)]\n1.1 Definitions\nIn these determinations unless the context otherwise requires—\nlocal law means the Shire of Quairading Local Government Property Local Law 2016 made by\nthe local government.\n1.2 Interpretation\nUnless the context otherwise requires, where a term is used but not defined in a determination and\nthat term is defined in the local law then the term shall have the meaning given to it in the local law.\nPART 2—APPLICATION\n2.1 Animals on local government property\n(1) Unless authorised by a written law, or by a permit, a person must not—\n(a) tether any animal to a tree, shrub, tree guard, wall or fence on local government property,\nunless it is an approved tethering point so indicated by a sign; or\n(b) permit any animal to enter into any local government property.\n(2) Subclause (1) does not apply to assistance animals as defined in section 9(2) of the Disability\nDiscrimination Act 1992 (Cth).\n2.2 Vehicles on local government property\n(1) Unless authorised by a permit, a person must not take or cause a vehicle to be taken onto or drive\non local government property unless—\n(a) subject to subclause (3), the local government property is clearly designated as a road, access\nway or car park;\n(b) the vehicle is driven by a local government employee, authorised person or contractor\nengaged by the local government, who is engaged in—\n(i) providing a service or making a delivery in connection with the local government\nproperty; or\n(ii) maintaining the local government property;\n(c) the person is driving an emergency vehicle in the course of his or her duties; or\n(d) the vehicle is a motorised wheelchair, and the driver of that vehicle is a person with a\ndisability.\n(2) A person must not drive a vehicle or allow a vehicle to be driven on local government property at a\nspeed exceeding 10 kilometres per hour, or in such a manner as to cause danger, inconvenience or\nannoyance to any person.\n(3) Other than in accordance with paragraphs (b), (c) or (d) of subclause (1), a person must not drive a\nvehicle on local government property or part of it that is being used for a function for which a permit\nhas been obtained unless permitted to do so by the permit holder or an authorised person.\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2357\n2.3 Activities prohibited on local government property\n(1) A person must not play or practise archery, pistol or rifle shooting on local government property,\nexcept on land which is reserved by the local government for that purpose, or as otherwise provided\nby a permit.\n(2) A person must not, on any local government property, use or ride a bicycle or wheeled recreational\ndevice, or skateboard—\n(a) inside or on the curtilage to, a building; or\n(b) in a pool area.\n2.3 Deposit of refuse, rubbish or liquid waste\nA person must not, on local government property, deposit or discard refuse, rubbish or liquid waste,\nexcept in a place or receptacle set aside by the local government for that purpose and subject to any\nconditions that may be specified on the receptacle or a sign in relation to the type of waste that may\nbe deposited or other conditions.\n————\nThe Common Seal of the Shire of Quairading was affixed by authority of a resolution of the Council\nin the presence of—\nG. A. FARDON, Chief Executive Officer.\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2359\nBIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007\nPEST PLANTS LOCAL LAW 2016\nUnder the powers conferred by the Biosecurity and Agriculture Management Act 2007, the Local\nGovernment Act 1995 and under all other powers enabling it, the Council of the Shire of Quairading\nresolved on 24th November 2016, to make the following local law.\nThis local law may be cited as the Shire of Quairading Pest Plants Local Law 2016.\n1.3 Definitions\nIn this local law, unless the contrary intention appears—\nLocal Government Act 1995 to perform any of the functions of an authorised person under this\nlocal law;\npest plant means a plant described as a pest plant in Schedule 1 of this local law; and\nSchedule means a schedule in this local law.\n1.4 Application\n1.5 Repeal\nThe Municipality of the Shire of Quairading By-Laws Relating to Pest Plants, as published in the\nGovernment Gazette on 18 January 1980, is repealed.\nPART 2—DESCRIPTION OF PEST PLANTS\n2.1 Description of Pest Plants\nEvery plant described in Schedule 1 in this local law is a pest plant.\nPART 3—NOTICES\n3.1 Serving of Notice\n(1) The local government may serve on the owner or occupier of private land within the district, a duly\ncompleted notice in the form of Schedule 2 in this local law requiring the owner or occupier to destroy,\neradicate or otherwise control any pest plant on that land.\n(2) A person served with a notice under subclause (1) shall comply with that notice within the time\nand in the manner specified therein.\n3.2 Failure to comply with the notice\nWhere a person fails to comply with a notice issued under clause 3.1, the local government may—\n(a) without payment of any compensation in respect thereof, destroy, eradicate or control, as the\ncase may be, any pest plant, the destruction, eradication or control of which was required by\nthe notice; and\n(b) recover in a court of competent jurisdiction from the person to whom the notice is directed,\nthe amount of the expense of such destruction, eradication or control.\n\n","sortOrder":42},{"sectionNumber":"2360","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 2 May 2017","content":"2360 GOVERNMENT GAZETTE, WA 2 May 2017\nPEST PLANTS\n[Clause 2.1]\nCommon Name Scientific Name\nAfghan Thistle Solanum hystrix R. Br.\nSolanum hoplopetalum Bitter et Summ.\n————\nPEST PLANT NOTICE\n[Clause 3.1]\nShire of Quairading Pest Plants Local Laws 2016\nNo. ................................................\nTo ..................................................................................................................................................................\n(Full name)\nof ...................................................................................................................................................................\n(Address)\nYou are given notice under the above local law that you are required to—\n.......................................................................................................................................................................\n(here specify whether required to destroy, eradicate or otherwise control)\nthe pest plant— ............................................ .......................................................\n(Common Name) (Scientific Name)\non ..................................................................................................................................................................\n(here specify the land)\nof which you are the .....................................................................................................................................\n(owner or occupier)\nThis notice may be complied with by ...........................................................................................................\n(here specify manner of achieving destruction, eradication or control)\nSuch measures shall be commenced not later than ...................................................................................\n(Date)\nand shall be completed by ............................................................\n(Date)\nUpon failure to comply with this notice within the times specified, the local government may destroy,\neradicate or control, as the case may be, any specified pest plant at your expense, and if necessary\nrecover the same in a court of competent jurisdiction.\nDate of service of notice: ................................................ ..................................................................\nSignature of authorised person\n————\nDated: 24th November 2016.\nThe Common Seal of the Shire of Quairading was affixed by a resolution of Council in the presence\nof—\nB. CAPORN, President.\n\n2 May 2017 GOVERNMENT GAZETTE, WA 2361\nREPEAL LOCAL LAW 2016\nit, the Council of the Shire of Quairading resolved on 30th November 2016 to make the following local\nlaw.\n","sortOrder":43},{"sectionNumber":"1","sectionType":"section","heading":"Citation","content":"1 Citation\nThis local law is cited as the Shire of Quairading Repeal Local Law 2016.\n2 Commencement\nThis local law will come into operation 14 days after the day on which it is published in the\nGovernment Gazette.\n","sortOrder":44},{"sectionNumber":"3","sectionType":"section","heading":"Repeal","content":"3 Repeal\nThe following local laws are hereby repealed—\n(a) By-laws relating to Depositing and Removal of Refuse, Rubbish, Litter and Disused Materials,\nas published in the Government Gazette on 3 October 1967; and\n(b) Draft Model By-laws relating to Removal and Disposal of Obstructing Animals or Vehicles\nNo. 7, as published in the Government Gazette on 26 February 1968.\nDated: 30th November 2016.\nB. CAPORN, President.","sortOrder":45}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument expressly repeals prior local laws and replaces them with consolidated, more detailed rules (see repeal clauses: Activities local law cl.1.4; Cemetery cl.1.3; Local Government Property cl.1.4; Repeal Local Law). The new suite expands and standardises permit-based controls, enforcement tools (notices, impoundment, cost recovery cl.10.2 / cl.9.2), and introduces specific environmental/roadside conservation provisions (Activities Part 5) and formal determinations for use of local government property (Local Government Property Part 2). These changes alter scope by modernising coverage, adding environmental and administrative detail, and centralising discretionary decision-making in the council and authorised officers."},"complexity_factors":["Multiple subject-matter areas consolidated across several local laws (thoroughfares, trading, cemeteries, local government property, pest plants)","Numerous cross-references to the Local Government Act, Regulations and other written laws (creates layered compliance obligations)","Extensive permit regimes with varied application requirements, conditions, renewal, transfer and cancellation rules (Parts 6–7 and Local Government Property Part 3)","Wide discretionary powers vested in the council and authorised persons (determinations, exemptions, licence cancellations)","Detailed offence schedules with differing modified penalties and enforcement mechanisms (schedules and Part 10/9 provisions)","Transitional and situational provisions (existing verge treatments, determinations, signs) that create fact-specific exceptions","Interaction between administrative remedies (notices, cost recovery) and criminal penalties (fines and daily penalties)"],"plain_english_summary":"These Shire of Quairading local laws regulate use of thoroughfares, public places and local government property (covering verge treatments, advertising signs, trading, roadside conservation), and set rules for cemeteries and pest plants. They establish permit regimes, conditions, offences and penalties, and give the council powers to issue notices, impound items and recover costs. Applicants normally pay fees and bonds for permits and must comply with conditions or risk cancellation and forfeiture; the council decides permits and may act or recover costs for non‑compliance (cl.7.1(2)(e); cl.7.11; cl.10.2)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2516},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"This legislation replaces the Shire of Quairading's 2001 local law of a similar name. The scope has expanded significantly beyond simple 'activities on thoroughfares' to include modern regulatory concerns: detailed environmental conservation provisions for roadside vegetation (Part 5), specific controls on outdoor dining facilities (Part 6 Division 2), shopping trolley management (Part 4 Division 2), and granular rules for election signage. It also introduces a structured permit administration system (Part 7) that was likely less formalised in the previous version."},"complexity_factors":["10 Parts with 8 Divisions and multiple Subdivisions, creating a nested structure","47 defined terms in the interpretation section (clause 1.5), plus additional Part-specific definitions (e.g., in clauses 2.4, 3.1, 4.4, 6.1)","Extensive cross-referencing to external legislation including the Local Government Act 1995, Road Traffic Code 2000, Liquor Control Act 1988, and Wildlife Conservation Act 1950","Comprehensive permit system with detailed application requirements (clause 7.1), specific conditions for different permit types (clauses 3.4, 3.5, 6.9), and administrative provisions for renewal, transfer, and cancellation (clauses 7.8–7.11)","Nested exceptions and conditional logic throughout, such as clause 2.2 (activities allowed with permit) which contains multiple sub-exceptions, and clause 2.10 (transitional provisions for existing verge treatments)","Two detailed schedules: Schedule 1 lists 52 specific offences with individual modified penalties ($125–$500), and Schedule 2 prescribes technical specifications for acceptable verge materials"],"plain_english_summary":"This local law governs use of roads, footpaths, verges and other public land in the Shire of Quairading. It permits approved verge landscaping, requires permits for works, signage, street trading and road disturbances, protects high‑value roadside vegetation, bans obstructions, and empowers the council to issue remediation notices, carry out works and impose fines (up to $5,000).\n\nIt affects residents, visitors and businesses using or trading on public spaces within the shire."}},"importantCases":[],"_links":{"self":"/api/acts/activities-in-thoroughfares-and-trading-in-thoroughfares-and-public-places-local-law-2016","history":"/api/acts/activities-in-thoroughfares-and-trading-in-thoroughfares-and-public-places-local-law-2016/history","analysis":"/api/acts/activities-in-thoroughfares-and-trading-in-thoroughfares-and-public-places-local-law-2016/analysis","conflicts":"/api/acts/activities-in-thoroughfares-and-trading-in-thoroughfares-and-public-places-local-law-2016/conflicts","importantCases":"/api/acts/activities-in-thoroughfares-and-trading-in-thoroughfares-and-public-places-local-law-2016/important-cases","documents":"/api/acts/activities-in-thoroughfares-and-trading-in-thoroughfares-and-public-places-local-law-2016/documents"}}