{"id":"wa-local:esperance-shire-of-activities-on-thoroughfares-and-public-places-and-trading-local-law-2016","name":"Activities on Thoroughfares and Public Places and Trading Local Law 2016","slug":"activities-on-thoroughfares-and-public-places-and-trading-local-law-2016","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437995,"registerId":"wa-local:esperance-shire-of-activities-on-thoroughfares-and-public-places-and-trading-local-law-2016-pdf-1775954608883","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Activities on Thoroughfares and Public Places and Trading Local Law 2016","content":"!2017036GG!\n1217\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, THURSDAY, 9 FEBRUARY 2017 No. 36 SPECIAL\nPUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.00 NOON\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nLOCAL GOVERNMENT ACT 1995\n_________\nSHIRE OF ESPERANCE\n———————————\nACTIVITIES IN\nTHOROUGHFARES AND\nPUBLIC PLACES AND\nTRADING LOCAL LAW 2016\n\n\n\n9 February 2017 GOVERNMENT GAZETTE, WA 1219\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF ESPERANCE\nACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND\nTRADING LOCAL LAW 2016\nTABLE OF CONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Definitions\n1.3 Application\n1.4 Repeal\nPART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES\n2.1 General prohibitions\n2.2 Activities allowed with a permit—general\n2.3 No possession and consumption of liquor on thoroughfare\n2.4 Permit required\n2.5 Removal of redundant crossing\n2.6 Interpretation\n2.7 Application\n2.8 Permissible verge treatments\n2.9 Only permissible verge treatments to be installed\n2.10 Obligations of owner or occupier\n2.11 Notice to owner or occupier\n2.12 Transitional provision\n2.13 Power to carry out public works on verge\n2.14 Interpretation\n2.15 Assignment of numbers\n2.16 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\n2.17 Signs\n2.18 Transitional\n2.19 No driving on closed thoroughfare\nPART 3—ADVERTISING SIGNS ON THOROUGHFARES\n3.1 Interpretation\n3.2 Advertising signs and portable direction signs\n3.3 Matters to be considered in determining application for permit\n3.4 Exemption\n3.5 Impounding of advertising signs\nPART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS\n4.1 Leaving animal or vehicle in public place or on local government property\n4.2 Prohibitions relating to animals\n4.3 Impounding of vehicle or animal\n4.4 Interpretation\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 Retailer taken to own trolley\n4.9 Impounding of abandoned trolley\nPART 5—ROADSIDE CONSERVATION\n5.1 Interpretation\n5.2 Application\n\n1220 GOVERNMENT GAZETTE, WA 9 February 2017\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\n5.7 Designation of special environmental areas\n5.8 Marking of special environmental areas\n5.9 Permit to plant\n5.10 Relevant considerations in determining application\n5.11 Permit to clear\n5.12 Application for permit\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\n5.17 Permit for firebreaks on thoroughfares\n5.18 When application for permit cannot be approved\n5.19 General prohibition on commercial wildflower harvesting\n5.20 Permit for revegetation projects\nPART 6—TRADING IN THOROUGHFARES AND PUBLIC PLACES\n6.1 Interpretation\n6.2 Stallholder’s permit\n6.3 Trader’s permit\n6.4 No permit required to sell newspaper\n6.5 Relevant considerations in determining application for permit\n6.6 Conditions of permit\n6.7 Exemptions from requirement to pay fee or to obtain a permit\n6.8 Conduct of stallholders and traders\n6.9 Interpretation\n6.10 Permit required to perform\n6.11 Variation of permitted area and permitted time\n6.12 Duration of permit\n6.13 Cancellation of permit\n6.14 Obligations of permit holder\n6.15 Interpretation\n6.16 Permit required to conduct Facility\n6.17 Matters to be considered in determining application\n6.18 Obligations of permit holder\n6.19 Removal of Facility unlawfully conducted\n6.20 Use of Facility by public\n6.21 Temporary removal of Facility may be requested\nPART 7—PERMITS\n7.1 Application for permit\n7.2 Decision on application for permit\n7.3 Conditions which may be imposed on a permit\n7.4 Imposing conditions under a policy\n7.5 Compliance with and variation of conditions\n7.6 Duration of permit\n7.7 Renewal of permit\n7.8 Transfer of permit\n7.9 Production of permit\n7.10 Cancellation of permit\nPART 8—OBJECTIONS AND APPEALS\n8.1 Application of Part 9 Division 1 of Act\nPART 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\nPART 10—ENFORCEMENT\n10.1 Offence to fail to comply with notice\n10.2 Local government may undertake requirements of notice\n10.3 Offences\n10.4 Prescribed offences\n10.5 Forms\n\n9 February 2017 GOVERNMENT GAZETTE, WA 1221\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF ESPERANCE\nACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES AND\nTRADING LOCAL LAW 2016\nIn pursuance of the powers conferred upon it by the Local Government Act 1995 and under all other\npowers enabling it, the Council of the Shire of Esperance resolved on 24 January 2017, to make the\nfollowing Local Law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Shire of Esperance Activities in Thoroughfares and Public Places\nand Trading Local Law 2016.\n1.2 Definitions\nIn this local law unless the context otherwise requires—\n“Act” means the Local Government Act 1995;\n“applicant” means a person who applies for a permit;\n“authorised person” means a person authorised by the local government under section 9.10 of\nthe Act to perform any of the functions of an authorised person under this local law;\n“built-up area” has the meaning given to it in the Road Traffic Code 2000;\n“bulk 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;\n“carriageway” has the meaning given to it in the Road Traffic Code 2000;\n“CEO” means the Chief Executive Officer of the local government;\n“commencement day” means the day on which this local law comes into operation;\n“Council” means the council of the local government;\n“crossing” means a crossing giving access from a public thoroughfare to—\n(a) private land; or\n(b) a private thoroughfare serving private land;\n“district” means the district of the local government;\n“garden” means any part of a thoroughfare planted, developed or treated, otherwise than as a\nlawn, with one or more plants;\n“intersection” has the meaning given to it in the Road Traffic Code 2000;\n“kerb” includes the edge of a carriageway;\n“lawn” means any part of a thoroughfare which is planted only with grass, or with a similar\nplant, but will include any other plant provided that it has been planted by the local\ngovernment;\n“liquor” has the meaning given to it in section 3 of the Liquor Control Act 1988;\n“local government” means the Shire of Esperance;\n“local 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;\n“local planning scheme” means a town planning scheme of the local government made under\nthe Planning and Development Act 2005;\n“local public notice” has the meaning given to it in the Local Government Act 1995;\n\n1222 GOVERNMENT GAZETTE, WA 9 February 2017\n“lot” has the meaning given to it in the Planning and Development Act 2005;\n“owner” or “occupier” in relation to land does not include the local government;\n“path” has the meaning given to it in the Road Traffic Code 2000;\n“permissible verge treatment” means any one of the 4 treatments described in clause 2.8(2),\nand includes any reticulation pipes and sprinklers;\n“permit” means a permit issued under this local law;\n“permit holder” means a person who holds a valid permit;\n“person” does not include the local government;\n“premises” for the purpose of the definition of “public place” in both this clause and clause 6.1,\nmeans a building or similar structure, but does not include a carpark or a similar place;\n“public place” includes any thoroughfare or place which the public are allowed to use, whether\nor not 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;\n“Regulations” means the Local Government (Functions and General) Regulations 1996;\n“Schedule” means a schedule to this Local Law;\n“sign” includes a notice, flag, mark, structure or device on which may be shown words, numbers,\nexpressions or symbols;\n“thoroughfare” has the meaning given to it in the Act, but does not include a private\nthoroughfare which is not under the management control of the local government;\n“townsite” means the townsite of Esperance, Cascade, Condingup, Gibson, Grass Patch,\nScaddan and Salmon Gums 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;\n“vehicle” includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels, tracks\nor otherwise; and\n(b) an animal being ridden or driven,\nbut excludes—\n(c) a wheel-chair or any device designed for use by a physically impaired person on a path;\nand\n(d) a pram, a stroller or a similar device;\n(e) a shopping trolley;\n“verge” means that part of a thoroughfare between the carriageway and the land which abuts\nthe thoroughfare, but does not include any path; and\n“written law” has the same meaning given to it by section 5 of the Interpretation Act 1984 and\nincludes this local law.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Repeal\n(1) The following local laws are repealed—\n(a) The Shire of Esperance Activities on Thoroughfares and Trading in Thoroughfares and Public\nPlaces Local Law 2001 published in the Government Gazette on 9 November 2001; and\n(b) The Shire of Esperance Activities on Thoroughfares and Trading in Thoroughfares and Public\nPlaces Amendment Local Law 2009 published in the Government Gazette on 2 October 2009.\n(2) Where a policy was made or adopted by the local government under or in relation to a local law\nrepealed by this local law, then the policy is to be taken to no longer have any effect on and from the\ncommencement day.\n(3) The Council may resolve that notwithstanding subclause (2) specified policies continue, or are to\nbe taken to have continued, to have effect on and from the commencement day.\nPART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES\nDivision 1—General\n2.1 General prohibitions\nA person shall not—\n(a) plant any plant which exceeds or which may exceed 0.75m in height on a thoroughfare so that\nthe plant is within 6m of an intersection;\n\n9 February 2017 GOVERNMENT GAZETTE, WA 1223\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 path 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 path;\n(e) unless at the direction of the local government, damage, remove or interfere with any\nsignpost, direction plate, guidepost, notice, shelter, shed, fence or any structure erected on a\nthoroughfare by the local government or a person acting under the authority of a written law;\n(f) play or participate in any game or sport so as to cause danger to any person or thing or\nimpede the movement of vehicles or persons on a thoroughfare; or\n(g) within a mall, arcade or verandah of a shopping centre, ride any bicycle, skateboard,\nrollerblades or similar device.\n2.2 Activities allowed with a permit—general\n(1) A person shall not, without a permit—\n(a) dig or otherwise create a trench through or under a kerb or path;\n(b) subject to Division 3 of this Part, throw, place or deposit anything on a verge except for\nremoval by the local government under a bulk rubbish collection, and then only in accordance\nwith the terms and conditions and during the period of time advertised in connection with\nthat collection by the local government;\n(c) cause any obstruction to a vehicle or a person using a thoroughfare as a thoroughfare;\n(d) cause any obstruction to a water channel or a water course in a thoroughfare;\n(e) throw, place or drain offensive, noxious or dangerous fluid onto a thoroughfare;\n(f) damage a thoroughfare;\n(g) deposit or discharge any material including dust, sand, wastewater, waste, mud, concrete,\npaint, oil or chemicals (but excluding water) in or on a thoroughfare whether by hand, vehicle\nor otherwise;\n(h) light any fire or burn anything on a thoroughfare other than in a stove or fireplace provided\nfor that purpose or under a permit issued under clause 5.13;\n(i) fell any tree onto a thoroughfare;\n(j) unless installing, or in order to maintain, a permissible verge treatment—\n(i) lay pipes under or provide taps on any verge; or\n(ii) place or install anything on any part of a thoroughfare, and without limiting the\ngenerality of the foregoing, any gravel, stone, flagstone, cement, concrete slabs, blocks,\nbricks, pebbles, plastic sheeting, kerbing, wood chips, bark or sawdust;\n(k) 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(l) on a public place use anything or do anything so as to create a nuisance;\n(m) place or cause to be placed on a thoroughfare a bulk rubbish container; or\n(n) interfere with the soil of, or anything in a thoroughfare or take anything from a thoroughfare.\n(2) Clause 2.2(1) does not apply to an activity being undertaken by a person who—\n(a) is an employee or contractor of the local government and is authorised or engaged to\nundertake that activity; or\n(b) is otherwise lawfully authorised to undertake that activity.\n(c) The local government may exempt a person from compliance with subclause (1) on the\napplication of that person.\n2.3 No possession and consumption of liquor on thoroughfare\n(1) A person shall not consume any liquor or have in her or his possession or under her or his control\nany liquor on a thoroughfare unless—\n(a) that is permitted under the Liquor Control Act 1988 or under another written law; or\n(b) the person is doing so in accordance with a permit.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\nDivision 2—Vehicle crossing\nSubdivision 1—Temporary crossings\n2.4 Permit required\n(1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the\nlot, the person responsible for the works shall obtain a permit for the construction of a temporary\ncrossing to protect the existing carriageway, kerb, drains and path, where—\n(a) a crossing does not exist; or\n\n1224 GOVERNMENT GAZETTE, WA 9 February 2017\n(b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely\nto cause damage to the crossing.\n(2) The “person responsible for the works” in subclause (1) is to be taken to be—\n(a) the person named on the building permit issued under the Building Act 2011, if one has been\nissued in relation to the works; or\n(b) the registered proprietor of the lot, if no building permit has been issued under the Building\nAct 2011 in relation to the works.\n(3) If the local government approves an application for a permit for the purpose of subclause (1), the\npermit is taken to be issued on the condition that until such time as the temporary crossing is\nremoved, the permit holder shall keep the temporary crossing in good repair and in such a condition\nso as not to create any danger or obstruction to persons using the thoroughfare.\nSubdivision 2—Redundant vehicle crossings\n2.5 Removal of redundant crossing\n(1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be\nremoved and the kerb, drain, path, verge and any other part of the thoroughfare affected by the\nremoval are to be reinstated to the satisfaction of the local government.\n(2) The local government may give written notice to the owner or occupier of a lot requiring her or him\nto—\n(a) remove any part of or all of a crossing which does not give access to the lot; and\n(b) reinstate the kerb, drain, path, verge and any other part of the thoroughfare, which may be\naffected by the removal,\nwithin the period of time stated in the notice, and the owner or occupier of the lot shall comply with\nthat notice.\nDivision 3—Verge treatments\nSubdivision 1—Preliminary\n2.6 Interpretation\nIn this Division, unless the context otherwise requires—\n“acceptable material” means any material approved by the local government.\n2.7 Application\nThis Division only applies to the townsite.\nSubdivision 2—Permissible verge treatments\n2.8 Permissible verge treatments\n(1) An owner or occupier of land which abuts on a verge may on that part of the verge directly in front\nof her or his land install a permissible verge treatment.\n(2) The permissible verge treatments are—\n(a) the planting and maintenance of a lawn;\n(b) the planting and maintenance of a garden provided that—\n(i) clear sight visibility is maintained at all times for a person using the abutting\nthoroughfare in the vicinity of an intersection or bend in the thoroughfare or using a\ndriveway on land adjacent to the thoroughfare for access to or from the thoroughfare;\n(ii) where there is no path, a pedestrian has safe and clear access of a minimum width of\n2m along that part of the verge immediately adjacent to the kerb;\n(iii) it does not include a wall or built structure;\n(iv) it is not thorny, poisonous or hazardous nature; and\n(v) no plant (except grasses or a similar plant) is within 6m of an intersection or within 2m\nof a carriageway;\n(c) the installation of an acceptable material; or\n(d) the installation over no more than one third of the area of the verge (excluding any vehicle\ncrossing) of an acceptable material in accordance with paragraph (c), and the planting and\nmaintenance of either a lawn or a garden on the balance of the verge in accordance with\nparagraph (a) or (b).\n2.9 Only permissible verge treatments to be installed\n(1) A person shall not install or maintain a verge treatment which is not a permissible verge\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 2.10.\n\n9 February 2017 GOVERNMENT GAZETTE, WA 1225\n2.10 Obligations of owner or occupier\nAn owner or occupier who installs or maintains a permissible verge treatment, or who installs or\nmaintains verge treatment under the authority of a permit, 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 path on the verge and a carriageway adjoining\nthe verge is not obstructed by the verge treatment;\n(b) ensure that the verge treatment does not cause a sight distance obstruction to any person\nusing a path on the verge or a carriageway or crossing adjoining the verge or in proximity to\nit;\n(c) not place any obstruction on or around the verge treatment; and\n(d) not disturb a path on the verge;\n(e) ensure that the verge treatment does not damage or obstruct a drain, manhole, gully, pit,\npipe, channel, kerb, public utility service or tree planted by the local government;\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.\n2.11 Notice to owner or occupier\nThe local government may give a notice in writing to the owner or the occupier of a lot abutting on a\nverge to make good, within the time specified in the notice, any breach of a provision of this Division.\nSubdivision 3—Existing verge treatments\n2.12 Transitional provision\n(1) In this clause—\n“former provisions” means the local law of the local government which permitted certain types\nof verge treatments, whether with or without the consent of the local government, and which\nwas repealed by this local law.\n(2) A verge treatment which—\n(a) was installed prior to the commencement day; and\n(b) on the commencement day is a type of verge treatment which was permitted under and\ncomplied with the former provisions,\nis to be taken to be a permissible verge treatment for so long as the verge treatment remains of the\nsame type and continues to comply with the former provisions.\nSubdivision 4—Public works\n2.13 Power to carry out public works on verge\nWhere the local government or an authority empowered to do so under a written law disturbs a verge,\nthe local government or the authority—\n(a) is not liable to compensate any person for that disturbance;\n(b) may backfill with sand, if necessary, any garden or lawn; and\n(c) is not liable to replace or restore any—\n(i) verge treatment and, in particular, any plant or any acceptable material or other hard\nsurface; or\n(ii) sprinklers, pipes or other reticulation equipment.\nDivision 4—Property numbers\nSubdivision 1—Preliminary\n2.14 Interpretation\nIn this Division, unless the context requires otherwise—\n“number” means a number of a lot with or without an alphabetical suffix indicating the address\nof the lot by reference to a thoroughfare.\nSubdivision 2—Assignment and marking of numbers\n2.15 Assignment of numbers\nThe local government may assign a number to a lot in the district and may assign another number to\nthe lot instead of that previously assigned.\nDivision 5—Fencing\n2.16 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\nThe following places are specified as a public place for the purpose of item 4(1) of Division 1 of\nSchedule 3.1 of the Act—\n(a) a public place, as that term is defined in clause 1.2; and\n(b) local government property.\n\n1226 GOVERNMENT GAZETTE, WA 9 February 2017\nDivision 6—Signs erected by the local government\n2.17 Signs\n(1) The local government may erect a sign on a public place specifying any conditions of use which\napply to that place.\n(2) A person shall comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving\nnotice of the effect of a provision of this local law.\n2.18 Transitional\nWhere a sign erected on a public place has been erected under a local law of the local government\nrepealed by this local law, then on and from the commencement day, it is to be taken to be a sign\nerected under clause 2.17 if—\n(a) the sign specifies a condition of use relating to the public place which gives notice of the effect\nof a provision of this local law; and\n(b) the condition of use specified is not inconsistent with any provision of this local law.\nDivision 7—Driving on a closed thoroughfare\n2.19 No driving on closed thoroughfare\n(1) A person shall not drive or take a vehicle on a closed thoroughfare unless—\n(a) that is in accordance with any limits or exceptions specified in the order made under section\n3.50 of the Act; or\n(b) the person has first obtained a permit.\n(2) In this clause—\n“closed thoroughfare” means a thoroughfare wholly or partially closed under section 3.50 or\n3.50A of the Act.\nPART 3—ADVERTISING SIGNS ON THOROUGHFARES\nDivision 1—Preliminary\n3.1 Interpretation\nIn this Part, unless the context otherwise requires—\n“advertising sign” means a sign used for the purpose of advertisement or to draw attention to a\nproduct, business, person or event and includes a home open sign and a garage sale sign;\n“home open sign” means a portable free standing sign used to direct persons to a home for sale\nthat is open for inspection by the public;\n“garage sale sign” means a portable free standing sign used to direct persons to a garage sale at\na residential premises.\nDivision 2—Permit\n3.2 Advertising signs and portable direction signs\n(1) A person shall not, without a permit, erect, place or maintain an advertising sign—\n(a) on or above a thoroughfare;\n(b) on a path;\n(c) over any path where the resulting vertical clearance between the sign and the path is less\nthan 2.75m;\n(d) on or within 1.5m of a carriageway;\n(e) in any other location where the sign is likely to obstruct lines of sight along a thoroughfare or\ncause danger to any person using the thoroughfare; or\n(f) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the\nstructural approaches to a bridge.\n(2) Notwithstanding subclause (1), a permit is not required in respect of a home open sign or a garage\nsale sign, provided that—\n(a) the signs neither exceeds 500mm in height nor 0.5m 2 in area;\n(b) the sign is placed or erected on a thoroughfare no more than half an hour prior to the garage\nsale or home open and is removed within half an hour of the close of the garage sale or home\nopen; and\n(c) there is no more than one home open sign or garage sale sign at any road intersection and no\nmore than six separate signs which delineate no more than 2 alternative routes to the home\nopen or garage sale.\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\n9 February 2017 GOVERNMENT GAZETTE, WA 1227\n(c) other advertising signs already approved or erected in the vicinity of the proposed location of\nthe sign;\n(d) whether or not the sign will create a hazard to persons using a thoroughfare;\n(e) the amount of the public liability insurance cover, if any, to be obtained by the applicant; and\n(f) any other matter it considers relevant.\n3.4 Exemption\n(1) The local government may exempt the holder of a valid stallholder’s permit, trader’s permit,\nfacility permit, or other event authorisation issued by the local government, from all or part of the\nprohibitions in clause 3.2 in relation to an advertisement that directly relates to the goods or services\nwhich are the subject of the permit or authorisation.\n(2) Signs erected by the local government or an authority empowered to do so under a written law are\nexempted from the requirement to obtain a permit.\n3.5 Impounding of advertising signs\nAny sign which contravenes clause 3.2 may be removed, impounded or disposed of in accordance with\nSubdivision 4 of Division 3 of Part 3 of the Act and regulation 29 of the Regulations.\nPART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS\nDivision 1—Animals and vehicles\n4.1 Leaving animals or vehicles in a public place or on local government property\n(1) A person shall not leave an animal or a vehicle, or any part of a vehicle, in a public place or on\nlocal government property so that it obstructs the use of any part of that public place or local\ngovernment property, unless that person has first obtained a permit or is authorised to do so under a\nwritten law.\n(2) A person will not contravene subclause (1) where the animal is secured or tethered for a period not\nexceeding 1 hour.\n(3) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding 24\nhours.\n4.2 Prohibitions relating to animals\n(1) In subclause (2), “owner” in relation to an animal includes—\n(a) an owner of it;\n(b) a person in possession of it;\n(c) a person who has control of it; and\n(d) a person who ordinarily occupies the premises where the animal is permitted to stay.\n(2) An owner of an animal shall not—\n(a) allow the animal to enter or remain for any time on any thoroughfare except for the use of the\nthoroughfare as a thoroughfare and unless it is led, ridden or driven;\n(b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in a\npublic place; or\n(c) train or race the animal on a thoroughfare.\n(3) An owner of a horse shall not lead, ride or drive a horse on a thoroughfare in a built-up area,\nunless that person does so under a permit or under the authority of a written law.\n4.3 Impounding of vehicle or animal\nAny animal or vehicle left in contravention of clause 4.1 may be removed, impounded or disposed of in\naccordance with Subdivision 4 of Division 3 of Part 3 of the Act and regulation 29 of the Regulations.\nDivision 2—Shopping trolleys\n4.4 Interpretation\nIn this Division—\n“retailer” means a proprietor of a shop in respect of which shopping trolleys are provided for the\nuse of customers of the shop; and\n“shopping 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 shall 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 shall not leave a shopping trolley in a public place other than in an area set aside for the\nstorage of shopping trolleys.\n4.7 Retailer to remove abandoned trolley\n(1) If a shopping trolley is found in a public place, other than in an area set aside for the storage of\nshopping trolleys, the local government may advise (verbally or in writing) a retailer whose name is\nmarked on the trolley of the location of the shopping trolley.\n\n1228 GOVERNMENT GAZETTE, WA 9 February 2017\n(2) A retailer shall remove a shopping trolley within 24 hours of being so advised under subclause (1),\nunless the retailer—\n(a) requests the local government to collect and deliver the shopping trolley to the retailer; and\n(b) pays any fee for that collection and delivery (imposed and determined under and in\naccordance with sections 6.16 to 6.19 of the Act) within the period specified by the local\ngovernment.\n4.8 Retailer taken to own trolley\nIn the absence of any proof to the contrary, a shopping trolley is to be taken to belong to a retailer\nwhose name is marked on the trolley.\n4.9 Impounding of abandoned trolley\nAny shopping trolley that is—\n(a) left on a thoroughfare or public place that is not marked in accordance with clause 4.5; or\n(b) not removed by a retailer after having been so advised under clause 4.7(1), may be removed,\nimpounded or disposed of in accordance with Subdivision 4 of Division 3 of Part 3 of the Act\nand regulation 29 of the Regulations.\nPART 5—ROADSIDE CONSERVATION\nDivision 1—Preliminary\n5.1 Interpretation\nIn this Part—\n“MRWA” means Main Roads Western Australia;\n“protected flora” has the meaning given to it in section 6(1) of the Wildlife Conservation\nAct 1950;\n“rare flora” has the meaning given to it in section 23F of the Wildlife Conservation Act 1950;\n“Roadside Conservation Committee” is comprised of members representing relevant agencies\nand the community. The Committee reports to the Minister for Environment (who appoints\nits members), and is chaired by a nominee from Parks and Wildlife;\n“special environmental area” means an area designated as such under clause 5.7.\n5.2 Application\nThis Part does not apply to the town-site.\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 Practise for Road Construction and Road\nMaintenance Works’ prepared by the Roadside Conservation Committee.\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.\n\n9 February 2017 GOVERNMENT GAZETTE, WA 1229\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\npermit.\n5.10 Relevant considerations in determining application\nIn determining an application for a permit for the purpose of clause 5.9, the local government is to\nhave regard to—\n(a) existing vegetation within that part of the thoroughfare in which the planting is to take place;\nand\n(b) the diversity of species and the prevalence of the species which are to be planted or sown.\nDivision 5—Clearance of vegetation\n5.11 Permit to clear\nA person shall not clear and maintain in a cleared state, the surface of a thoroughfare within 1m of\nthat person’s land without first obtaining a permit and any other approvals which may be required\nunder any written law.\n5.12 Application for permit\nIn addition to the requirements of clause 7.1(2), a person making an application for a permit for the\npurpose of clause 5.11 shall submit a sketch plan clearly showing the boundary of the person’s land\nand the portions of the thoroughfare joining that person’s land which are to be cleared.\nDivision 6—Fire management\n5.13 Permit to burn thoroughfare\nA person shall not burn part of a thoroughfare without first obtaining a permit or unless acting under\nthe authority of any other written law.\n5.14 Application for permit\nIn addition to the requirements of clause 7.1(2), an application for a permit for the purposes of clause\n5.13 shall—\n(a) include a sketch plan showing the portions of a thoroughfare which are proposed to be\nburned; and\n(b) advise of the estimated fire intensity and the measures to be taken to protect upper storey\nvegetation from the burn.\n5.15 When application for permit can be approved\nThe local government may approve an application for a permit for the purpose of clause 5.13 only if\nthe burning of the particular part of the thoroughfare will—\n(a) reduce a fire hazard and alternative means of reducing that hazard, such as slashing or the\nuse of herbicides, are considered by the local government to be not feasible or more\ndetrimental to native flora and fauna than burning; or\n(b) in the opinion of the local government, be beneficial for the preservation and conservation of\nnative flora and fauna.\n5.16 Prohibitions on burning\nNotwithstanding anything to the contrary in this local law, an application for a permit for the purpose\nof clause 5.13 is not to be approved by the local government—\n(a) for burning between 31 August and 1 May of the following year where the intensity of the\nburn could damage native flora and fauna; or\n(b) in any year to any person for any part of a thoroughfare which is on the opposite side of the\ncarriageway to that portion of the thoroughfare for which a permit to burn has been approved\nin the same year.\nDivision 7—Firebreaks\n5.17 Permit for firebreaks on thoroughfares\nA person shall not construct a firebreak on a thoroughfare without first obtaining a permit.\n5.18 When application for permit cannot be approved\n(1) The local government is not to approve an application for a permit for the purpose of clause 5.17\nwhere the thoroughfare is less than 20m wide.\n(2) Subclause (1) does not apply where the firebreak is, in the opinion of the local government,\ndesirable for the protection of roadside vegetation.\nDivision 8—Commercial wildflower harvesting on thoroughfares\n5.19 General prohibition on commercial wildflower harvesting\nSubject to clause 5.20, a person shall not commercially harvest native flora on a thoroughfare.\n\n1230 GOVERNMENT GAZETTE, WA 9 February 2017\n5.20 Permit for revegetation projects\n(1) A person shall not collect seed from native flora on a thoroughfare without first obtaining a\npermit.\n(2) The local government may approve an application for a permit under subclause (1) only where—\n(a) the seed is required for a revegetation project in any part of the district; and\n(b) the thoroughfare, or the relevant part of it, is not a special environmental area.\n(3) Unless the local government specifically provides to the contrary on a permit, if the local\ngovernment approves an application for a permit for the purpose of subclause (1) it is to be taken to be\napproved subject to the following conditions—\n(a) the collection of the seed is to be carried out so as not to endanger the long time survival of\nthe native flora on the thoroughfare; and\n(b) any license or approval which may be required under any other written law is to be obtained\nby the applicant.\nPART 6—TRADING IN THOROUGHFARES AND PUBLIC PLACES\nDivision 1—Stallholders and traders\nSubdivision 1—Preliminary\n6.1 Interpretation\nIn this Division, unless the context otherwise requires—\n“Competition Principles Agreement” means the Competition Principles Agreement executed\nby each State and Territory of the Commonwealth and the Commonwealth of Australia on 11\nApril 1995;\n“public place” includes—\n(a) any thoroughfare or place which the public are allowed to use whether or not the\nthoroughfare or place is on private property; and\n(b) local government property,\nbut does not include premises on private property from which trading is lawfully conducted\nunder a written law;\n“stall” means a movable or temporarily fixed structure, stand or table in, on or from which goods\nor services are sold, hired or offered for sale or hire;\n“stallholder” means a person in charge of a stall;\n“stallholder’s permit” means a permit issued to a stallholder;\n“trader” means a person who carries on trading;\n“trader’s permit” means a permit issued to a trader; and\n“trading” includes—\n(a) the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods\nor services in a public place;\n(b) displaying goods in any public place for the purpose of—\n(i) offering them for sale or hire;\n(ii) inviting offers for their sale or hire;\n(iii) soliciting orders for them; or\n(iv) carrying out any other transaction in relation to them; and\n(c) the going from place to place, whether or not public places, and—\n(i) offering goods or services for sale or hire; or\n(ii) inviting offers or soliciting orders for the sale or the hire of goods or services.\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.\n\n9 February 2017 GOVERNMENT GAZETTE, WA 1231\n6.3 Trader’s permit\n(1) A person shall not carry on trading unless that person is—\n(a) the holder of a valid trader’s permit; or\n(b) an assistant specified in a valid trader’s permit.\n(2) Every application for a trader’s permit shall—\n(a) state the full name and address of the applicant;\n(b) specify the proposed number of assistants, if any, to be engaged by the applicant in trading,\nas well as their names and addresses if already engaged;\n(c) specify the location or locations in which the applicant proposes to trade;\n(d) specify the period of time for which the permit is sought, together with the proposed days and\nhours of trading;\n(e) specify the proposed goods or services which will be traded; and\n(f) be accompanied by an accurate plan and description of any proposed structure or vehicle\nwhich may be used by the applicant in trading.\n6.4 No permit required to sell newspaper\nNotwithstanding any other provision of this local law, a person who sells, or offers for sale, a\nnewspaper only is not required to obtain a permit.\n6.5 Relevant considerations in determining application for permit\n(1) In determining an application for a permit for the purposes of this Division, the local government\nis to have regard to—\n(a) any relevant policies of the local government;\n(b) the desirability of the proposed activity;\n(c) the location of the proposed activity;\n(d) the principles set out in the Competition Principles Agreement; and\n(e) such other matters as the local government may consider to be relevant in the circumstances\nof the case.\n(2) The local government may refuse to approve an application for a permit under this Division on any\none or more of the following grounds—\n(a) that the applicant has committed a breach of any provision of this local law or of any written\nlaw relevant to the activity in respect of which the permit is sought;\n(b) that the applicant is not a desirable or suitable person to hold a permit; or\n(c) that—\n(i) the applicant is an undischarged bankrupt or is in liquidation;\n(ii) the applicant has entered into any composition or arrangement with creditors; or\n(iii) a manager, an administrator, a trustee, a receiver, or a receiver and manager has been\nappointed in relation to any part of the applicant’s undertakings or property.\n(d) Such other grounds as the local government may consider relevant in the circumstances.\n6.6 Conditions of permit\n(1) If the local government approves an application for a permit under this Division subject to\nconditions, those conditions may include—\n(a) the place, the part of the district, or the thoroughfare to which the permit applies;\n(b) the days and hours during which a permit holder may conduct a stall or trade;\n(c) the number, type, form and construction, as the case may be, of any stand, table, structure or\nvehicle which may be used in conducting a stall or in trading;\n(d) the goods or services in respect of which a permit holder may conduct a stall or trade;\n(e) the number of persons and the names of persons permitted to conduct a stall or trade;\n(f) the requirement for personal attendance at the stall or the place of trading by the permit\nholder and the nomination of assistants, nominees or substitutes for the permit holder;\n(g) whether and under what terms the permit is transferable;\n(h) any prohibitions or restrictions concerning the—\n(i) causing or making of any noise or disturbance which is likely to be a nuisance to\npersons in the vicinity of the permit holder;\n(ii) the use of amplifiers, sound equipment and sound instruments;\n(iii) the use of signs; and\n(iv) the use of any lighting apparatus or device;\n(i) the manner in which the permit holder’s name and other details of a valid permit are to be\ndisplayed;\n(j) the care, maintenance and cleansing of the stall or any structure used for trading and the\nplace of the stall or any structure;\n(k) the vacating of the place of a stall or trading when the stall is not being conducted or trading\nis not being carried on;\n\n1232 GOVERNMENT GAZETTE, WA 9 February 2017\n(l) the acquisition by the stallholder or trader of public risk insurance;\n(m) the period for which the permit is valid;\n(n) the designation of any place or places where trading is wholly or from time to time prohibited\nby the local government; and\n(o) any other conditions as the local government may apply.\n(2) Where a permit holder by reason of illness, accident or other sufficient cause is unable to comply\nwith this local law, the local government may at the request of that permit holder authorise another\nperson to be a nominee of the permit holder for a specified period, and this local law and the\nconditions of the permit shall apply to the nominee as if he or she was the permit holder.\n6.7 Exemptions from requirement to pay fee or to obtain a permit\n(1) In this clause—\n“charitable organisation” means an institution, association, club, society or body whether\nincorporated or not, the objects of which are of a charitable, benevolent, religious, cultural,\neducational, recreational, sporting or other like nature and from which any member does not\nreceive any pecuniary profit except where the member is an employee or the profit is an\nhonorarium; and\n“commercial participant” means any person who is involved in operating a stall or in\nconducting 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.\n(4) Notwithstanding any other provisions of this local law, a requirement to obtain a permit under\nthis local law does not apply to-\n(a) a special event or trading authorised by the local government under written law or\nagreement; or\n(b) a person trading in a street market authorised by the local government.\nSubdivision 3—Conduct of stallholders and traders\n6.8 Conduct of stallholders and traders\n(1) A stallholder while conducting a stall or a trader while trading shall—\n(a) display her or his permit to do so in a conspicuous place on the stall, vehicle or temporary\nstructure or if there is no stall, vehicle or temporary structure, carry the permit with her or\nhim while conducting a stall or trading;\n(b) not display a permit unless it is a valid permit; and\n(c) when selling goods by weight, carry and use for that purpose, scales tested and certified in\naccordance with the provisions of the National Measurements Act 1960 (Cth).\n(2) A stallholder or trader shall not—\n(a) deposit or store any box or basket containing goods on any part of a thoroughfare so as to\nobstruct the movement of pedestrians or vehicles;\n(b) act in an offensive manner;\n(c) use or cause to be used any apparatus or device including any flap or shelf, whereby the\ndimensions of a stall, vehicle or structure are increased beyond those specified in the permit;\nor\n(d) in the case of a trader, carry on trading from a public place, unless there is adequate parking\nfor customers’ vehicles reasonably close to the place of trading.\nDivision 2—Street entertainers\nSubdivision 1—Preliminary\n6.9 Interpretation\nIn this Division, unless the context otherwise requires—\n“perform” includes to play a musical instrument, sing, mime, dance, give an acrobatic or aerobic\ndisplay or entertain, but does not include public speaking;\n“permit” means a permit issued for the purpose of clause 6.10;\n“permitted area” means the area or areas, specified in a permit, in which the permit holder may\nperform;\n“permitted time” means the time or times, specified in a permit, during which the permit holder\nmay perform.\n\n9 February 2017 GOVERNMENT GAZETTE, WA 1233\nSubdivision 2—Permits\n6.10 Permit required to perform\nA person shall not perform in a public place without a permit.\n6.11 Variation of permitted area and permitted time\n(1) The local government may by notice in writing to a permit holder vary—\n(a) the permitted area;\n(b) the permitted time; or\nboth the permitted area and the permitted time, shown on a permit.\n(2) The local government may direct a permit holder to move from one permitted area to another\npermitted area, if more than one area is specified in a permit.\n6.12 Duration of permit\nA permit is valid for a period of 3 months after the date on which it is issued unless it is sooner\ncancelled under this local law.\n6.13 Cancellation of permit\nThe CEO may cancel a permit if in her or his opinion the volume of sound caused by the permit holder\nin connection with the performance adversely affects the enjoyment, convenience or comfort of other\npersons in a public place, or if, in her or his opinion, or in the opinion of an authorised person, the\nperformance otherwise constitutes a nuisance.\n6.14 Obligations of permit holder\nA permit holder shall not in a public place—\n(a) perform wearing dirty, torn or ragged clothing;\n(b) act in an offensive manner; or\n(c) place, install, erect, play or use any musical instrument or any device which emits music,\nincluding a loud speaker or an amplifier—\n(i) other than in the permitted area; and\n(ii) unless the musical instrument or device is specified in the permit.\nDivision 3—Outdoor eating facilities on public places\n6.15 Interpretation\nIn this Division—\n“Facility” means an outdoor eating facility or establishment on any part of a public place, but\ndoes not include such a facility or establishment on private land;\n“permit holder” means the person to whom a permit has been issued for the purpose of clause\n6.16; and\n“public place” has the meaning given to it in clause 6.1.\n6.16 Permit required to conduct Facility\nA person shall not establish or conduct a Facility without a permit.\n6.17 Matters to be considered in determining application\nIn determining an application for a permit for the purpose of clause 6.16, the local government may\nconsider in addition to any other matter it considers relevant, whether or not—\n(a) the Facility is conducted in conjunction with and as an extension of a food business which\nabut on the Facility, and whether the applicant is the person conducting such food business;\n(b) any abutting food business is registered in accordance with the Food Act 2008 and whether\nthe food business is a use permitted under the local planning scheme;\n(c) users of the Facility will have access to proper and sufficient sanitary and ablutionary\nconveniences;\n(d) the Facility would—\n(i) obstruct the visibility or clear sight lines at an intersection of thoroughfares of any\nperson; or\n(ii) impede pedestrian access; and\n(e) the tables, chairs and other equipment to be used may obstruct or impede the use of the\npublic place for the purpose for which it was designed.\n6.18 Obligations of permit holder\n(1) The permit holder for a Facility shall—\n(a) ensure that the Facility is conducted at all times in accordance with the provisions of this\nlocal law;\n(b) ensure that the eating area is kept in a clean and tidy condition at all times;\n(c) maintain the chairs, tables and other structures in the eating area in a good, clean and\nserviceable condition at all times; and\n\n1234 GOVERNMENT GAZETTE, WA 9 February 2017\n(d) be solely responsible for all and any costs associated with the removal, alteration, repair,\nreinstatement or reconstruction of any part of the public place arising from the conduct of the\nFacility.\n(2) Whenever, in the opinion of the local government, any work is required to be carried out to a\nFacility, the local government may give a notice to the permit holder for the Facility to carry out that\nwork within the time limited by the notice.\n(3) In subclause (2), “work” includes the removal, alteration, repair, reinstatement or reconstruction\nof any part of a public place arising from or in connection with the setting up or conduct of a Facility.\n6.19 Removal of Facility unlawfully conducted\nWhere a Facility is conducted without a permit, or in contravention of a condition of a permit, any\ntables, chairs, umbrellas or other equipment may be removed by an authorised person and impounded\nin accordance with the Act.\n6.20 Use of Facility by public\n(1) A person shall not occupy a chair or otherwise use the equipment in a Facility the subject of a\npermit unless the person uses them for the purpose of consuming food or drinks provided by the\nFacility.\n(2) A person shall leave a Facility when requested to do so by the permit holder.\n6.21 Temporary removal of Facility may be requested\n(1) The permit holder for a Facility is to temporarily remove the Facility when requested to do so on\nreasonable grounds by an authorised person or a member of the Police Service or an emergency\nservice.\n(2) The permit holder may replace the Facility removed under subclause (1) as soon as the person who\ndirected her or him to remove it allows it to be replaced.\nPART 7—PERMITS\nDivision 1—Applying for a permit\n7.1 Application for permit\n(1) Where a person is required to obtain a permit under this local law, that person shall apply for the\npermit in accordance with subclause (2).\n(2) An application for a permit under this local law shall—\n(a) be in the form determined by the local government;\n(b) be signed by the applicant;\n(c) provide the information required by the form; and\n(d) be forwarded to the CEO together with any fee imposed and determined by the local\ngovernment under and in accordance with sections 6.16 to 6.19 of the Act.\n(3) The local government may require an applicant to provide additional information reasonably\nrelated to an application before determining an application for a permit.\n(4) The local government may require an applicant to give local public notice of the application for a\npermit.\n(5) The local government may refuse to consider an application for a permit which is not in accordance\nwith subclause (2).\n7.2 Decision on application for permit\n(1) The local government may—\n(a) approve an application for a permit unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a permit.\n(2) If the local government approves an application for a permit, it is to issue to the applicant a permit\nin the form determined by the local government.\n(3) If the local government refuses to approve an application for a permit, it is to give written notice of\nthat refusal to the applicant.\n(4) Where a clause of this local law refers to conditions which may be imposed on a permit or which\nare to be taken to be imposed on a permit, the clause does not limit the power of the local government\nto impose other conditions on the permit under subclause (1)(a).\n(5) Where a clause of this local law refers to the grounds on which an application for a permit may be\nor is to be refused, the clause does not limit the power of the local government to refuse the\napplication for a permit on other grounds under subclause (1)(b).\nDivision 2—Conditions\n7.3 Conditions which may be imposed on a permit\nThe local government may approve an application for a permit subject to conditions relating to—\n(a) the payment of a fee;\n(b) the duration and commencement of the permit;\n(c) the commencement of the permit being contingent on the happening of an event;\n\n9 February 2017 GOVERNMENT GAZETTE, WA 1235\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;\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; and\n(j) any other matter it considers relevant.\n7.4 Imposing conditions under a policy\n(1) In this clause—\n“policy” means a policy of the local government adopted by the Council containing conditions\nsubject to which an application for a permit may be approved under clause 7.2(1)(a).\n(2) Under clause 7.2(1)(a) the local government may approve an application subject to conditions by\nreference to a policy.\n(3) The local government is to give a copy of the policy, or the part of the policy which is relevant to\nthe application for a permit, with the form of permit referred to in clause 7.2(2).\n(4) An application for a permit is to be taken not to have been approved subject to the conditions\ncontained in a policy until the local government gives the permit holder a copy of the policy or the\npart of the policy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy is to be taken\nto be information within section 5.94(u)(i) of the Act.\n7.5 Compliance with and variation of conditions\n(1) Where an application for a permit has been approved subject to conditions, or where a permit is to\nbe taken to be subject to conditions under this local law, the permit holder shall comply with each of\nthose conditions.\n(2) The local government may vary the conditions of a permit, and the permit holder shall comply\nwith those conditions as varied.\nDivision 3—General\n7.6 Duration of permit\nA permit is valid for one year from the date on which it is issued, unless it is—\n(a) otherwise stated in this local law or in the permit; or\n(b) cancelled under clause 7.10.\n7.7 Renewal of permit\n(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the\nrenewal of the permit.\n(2) The provisions of—\n(a) this Part; and\n(b) any other provision of this local law relevant to the permit which is to be renewed,\nshall apply to an application for the renewal of a permit.\n7.8 Transfer of permit\n(1) An application for the transfer of a valid permit is to—\n(a) be made in writing;\n(b) be signed by the permit holder and the proposed transferee of the permit;\n(c) provide such information as the local government may require to enable the application to be\ndetermined; and\n(d) be forwarded to the CEO together with any fee imposed and determined by the local\ngovernment under and in accordance with sections 6.16 to 6.19 of the Act.\n(2) The local government may approve an application for the transfer of a permit, refuse to approve it\nor approve it subject to any conditions.\n(3) Where the local government approves an application for the transfer of a permit, the transfer may\nbe effected by—\n(a) an endorsement on the permit signed by the CEO; or\n(b) issuing to the transferee a permit in the form determined by the local government.\n(4) Where the local government approves an application for the transfer of a permit, it is not required\nto refund any part of any fee paid by the former permit holder.\n\n1236 GOVERNMENT GAZETTE, WA 9 February 2017\n7.9 Production of permit\nA permit holder is to produce to an authorised person her or his permit immediately upon being\nrequired to do so by that authorised person.\n7.10 Cancellation of permit\n(1) Subject to clause 8.1, a permit may be cancelled by the local government if the permit holder has\nnot complied with a—\n(i) condition of the permit; or\n(ii) provision of any written law which may relate to the activity regulated by the permit.\n(2) On the cancellation of a permit the permit holder—\n(a) shall return the permit as soon as practicable to the local government; and\n(b) is to be taken to have forfeited any fees paid in respect of the permit.\nPART 8—OBJECTIONS AND APPEALS\n8.1 Application of Part 9 Division 1 of Act\nWhen the local government makes a decision—\n(a) under clause 7.2(1); or\n(b) as to whether it will renew, vary, or cancel a permit,\nthe provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations apply to that\ndecision.\nPART 9—MISCELLANEOUS NOTICES\n9.1 Notice to redirect or repair sprinkler\nWhere a lawn or a garden is being watered with a sprinkler which is on the lawn or the garden, in a\nmanner which causes or may cause an inconvenience or obstruction to any person using a\nthoroughfare, the local government may give a notice to the owner or the occupier of the land abutting\non the lawn or the garden, requiring the owner or the occupier or both to move or alter the direction of\nthe sprinkler or other watering equipment.\n9.2 Hazardous plants\n(1) Where a plant in a garden creates or may create a hazard for any person using a thoroughfare, the\nlocal government may give a notice to the owner or the occupier of the land abutting on the garden to\nremove, cut, move or otherwise deal with that plant so as to remove the hazard.\n(2) Subclause (1) does not apply where the plant was planted by the local government.\n9.3 Notice to repair damage to thoroughfare\nWhere any portion of a thoroughfare has been damaged, the local government may by notice to the\nperson who caused the damage order the person to repair or replace that portion of the thoroughfare\nto the satisfaction of the local government.\n9.4 Notice to remove thing unlawfully placed on thoroughfare\nWhere anything is placed on a thoroughfare in contravention of this local law, the local government\nmay by notice in writing to the owner or the occupier of the property which abuts on that portion of\nthe thoroughfare where the thing has been placed, or such other person who may be responsible for\nthe thing being so placed, require the relevant person to remove the thing.\nPART 10—ENFORCEMENT\nDivision 1—Notices given under this local law\n10.1 Offence to fail to comply with notice\nWhenever the local government gives a notice under this local law requiring a person to do anything,\nif the person fails to comply with the notice, the person commits an offence.\n10.2 Local government may undertake requirements of notice\nWhere a person fails to comply with a notice referred to in clause 10.1, the local government may do\nthe thing specified in the notice and recover from that person, as a debt, the costs incurred in so\ndoing.\nDivision 2—Offences and penalties\nSubdivision 1—General\n10.3 Offences\n(1) Any person who fails to do anything required or directed to be done under this local law, or who\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$500 for each day or part of a day during which the offence has continued.\n\n9 February 2017 GOVERNMENT GAZETTE, WA 1237\nSubdivision 2—Infringement notices and modified penalties\n10.4 Prescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of\nsection 9.16(1) of the Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 1.\n(3) For the purpose of guidance only, before giving an infringement notice to a person in respect of the\ncommission of a prescribed offence, an authorised person should be satisfied that—\n(a) commission of the prescribed offence is a relatively minor matter; and\n(b) only straightforward issues of law and fact are involved in determining whether the\nprescribed offence was committed, and the facts in issue are readily ascertainable.\n10.5 Forms\nUnless otherwise specified, for the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to\nin section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;\n(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the Regulations; and\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of\nthe Regulations.\n————\nSCHEDULE 1\nPRESCRIBED OFFENCES\n(Clause 10.4)\nClause Description\nModified\nPenalty\n$\n2.1(a) Plant of 0.75m in height on thoroughfare within 6m of intersection 125\n2.1(b) Damaging lawn or garden 125\n2.1(c) Plant (except grass) on thoroughfare within 2m of carriageway 125\n2.1(d) Placing hazardous substance on path 125\n2.1(e) Damaging or interfering with signpost or structure on thoroughfare 350\n2.1(f) Playing games so as to impede vehicles or persons on thoroughfare 125\n2.1(g) Riding of skateboard or similar device on mall or verandah of shopping\ncentre\n125\n2.2(1)(a) Digging a trench through a kerb or path without a permit 125\n2.2(1)(b) Throwing or placing anything on a verge without a permit 125\n2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without a permit 125\n2.2(1)(d) Causing obstruction to water channel on thoroughfare without a permit 250\n2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a permit 250\n2.2(1)(f) Damage a thoroughfare 125\n2.2(1)(g) Allow material to be blown, conveyed, deposited in or on a thoroughfares 125\n2.2(1)(h) Lighting a fire on a thoroughfare without a permit 350\n2.2(1)(i) Felling tree onto thoroughfare without a permit 125\n2.2(1)(j) Installing pipes or stone on thoroughfare without a permit 125\n2.2(1)(k) Installing a hoist or other thing on a structure or land for use over a\nthoroughfare without a permit\n350\n2.2(1)(l) Creating a nuisance on a thoroughfare without a permit 125\n2.2(1)(m) Placing a bulk rubbish container on a thoroughfare without a permit 125\n2.2(1)(n) Interfering with anything on a thoroughfare without a permit 125\n2.3(1) Consumption or possession of liquor on thoroughfare 125\n2.4(1) Failure to obtain permit for temporary crossing 250\n2.5(2) Failure to comply with notice to remove crossing and reinstate kerb 350\n2.9(1) Installation of verge treatment other than permissible verge treatment 250\n2.10 Failure to maintain permissible verge treatment or placement of obstruction\non verge\n125\n2.11 Failure to comply with notice to rectify default 125\n2.17(2) Failure to comply with sign on public place 125\n\n1238 GOVERNMENT GAZETTE, WA 9 February 2017\nClause Description\nModified\nPenalty\n$\n2.19(1) Driving or taking a vehicle on a closed thoroughfare 350\n3.2(1) Placing advertising sign or affixing any advertisement on a thoroughfare\nwithout a permit\n125\n4.1(1) Animal or vehicle obstructing a public place or local government property 125\n4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 125\n4.2(2)(b) Animal on public place with infectious disease 125\n4.2(2)(c) Training or racing animal on thoroughfare in built-up area 125\n4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 125\n4.6 Person leaving shopping trolley in public place other than trolley bay 125\n4.7(2) Failure to remove shopping trolley upon being advised of location 125\n5.6(1) Driving a vehicle on other than the carriageway of a flora road 250\n5.9 Planting in thoroughfare without a permit 250\n5.11 Failure to obtain permit to clear a thoroughfare 500\n5.13 Burning of thoroughfare without a permit 500\n5.17 Construction of firebreak on thoroughfare without a permit 500\n5.19 Commercial harvesting of native flora on thoroughfare 500\n5.20(1) Collecting seed from native flora on thoroughfare without a permit 350\n6.2(1) Conducting of stall in public place without a permit 350\n6.3(1) Trading without a permit 350\n6.8(1)(a) Failure of stallholder or trader to display or carry permit 125\n6.8(1)(b) Stallholder or trader not displaying valid permit 125\n6.8(1)(c) Stallholder or trader not carrying certified scales when selling goods by\nweight\n125\n6.8(2) Stallholder or trader engaged in prohibited conduct 125\n6.10 Performing in a public place without a permit 125\n6.11(2) Failure of performer to move onto another area when directed 125\n6.14 Failure of performer to comply with obligations 125\n6.16 Establishment or conduct of outdoor eating facility without a permit 350\n6.18 Failure of permit holder of outdoor eating facility to comply with obligations 125\n6.20(1) Use of equipment of outdoor eating facility without purchase of food or drink\nfrom facility\n60\n6.20(2) Failure to leave outdoor eating facility when requested to do so by permit\nholder\n60\n7.5 Failure to comply with a condition of a permit 125\n7.9 Failure to produce permit on request of authorised person 125\n10.1 Failure to comply with notice given under local law 125\n————\nDated: 30 January 2017.\nThe Common Seal of the Shire of Esperance was hereunto affixed by the authority of a resolution of\nthe Council in the presence of—\nV. BROWN, Shire President.\nW. M. SCOTT, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This local law appears to be a consolidated replacement of two previous local laws (the 2001 and 2009 versions), covering the same general subject matter of activities on thoroughfares, trading, and public places. While it adds some modern elements (such as specific provisions for shopping trolleys and outdoor dining facilities), these appear to be natural evolutions of the regulatory scheme rather than significant scope creep beyond the original intent of managing public space usage."},"complexity_factors":["27 defined terms in the interpretation section (clause 1.2), with some terms having nested definitions (e.g., 'public place' excludes certain premises, 'vehicle' excludes wheelchairs and prams)","10 Parts with 30+ clauses, many containing multiple subclauses and nested exceptions","Extensive cross-referencing to external legislation including the Local Government Act 1995, Road Traffic Code 2000, Liquor Control Act 1988, Wildlife Conservation Act 1950, and National Measurements Act 1960","Multiple conditional exemptions throughout (e.g., clause 2.2(2) exempts council employees; clause 3.2(2) creates conditional exemptions for home open signs; clause 6.7 creates exemptions for charitable organisations)","Complex permit conditions in Part 7 with 10 categories of possible conditions (clause 7.3) plus policy-based conditions (clause 7.4) with specific procedural requirements","Transitional provisions (clauses 2.12, 2.18) that preserve certain pre-existing arrangements under repealed laws","Nested prohibitions with exceptions to exceptions (e.g., clause 5.6 driving on flora roads has three exceptions; clause 5.16 prohibits burning during certain dates unless intensity is low, creating temporal and conditional restrictions)","Dual liability provisions where both owners and occupiers can be liable for the same offence (e.g., clause 2.9(2) regarding verge treatments)","Schedule of 60+ prescribed offences with specific modified penalties ranging from $60 to $500"],"plain_english_summary":"This local law governs use of public roads, footpaths and verges in the Shire of Esperance, setting safety and amenity rules for residents, traders, builders, landowners and visitors. It requires permits for activities like works, trading, outdoor dining, busking, and some vehicle crossings; restricts alcohol, nuisance behaviour, roadside harvesting and abandoned trolleys; and empowers the council to impose conditions, require remediation and issue fines or notices for breaches. It matters because it protects public safety, infrastructure and native vegetation."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals and replaces two earlier local laws (cl.1.4) and therefore resets the local regulatory framework. It preserves some existing verge treatments installed under the former provisions (cl.2.12) and allows the Council to continue prior policies only by resolution (cl.1.4(2)–(3)). The net procedural effect is a consolidated, permit-centred scheme covering thoroughfares, public places, trading and roadside conservation with updated enforcement and administrative requirements (Parts 2–7, Part 5 and Part 10)."},"complexity_factors":["Wide substantive scope across many activities (planting/verges, crossings, signage, trading, street performance, outdoor eating, roadside conservation, fire management) increasing regulatory reach (Entire Parts 2–6).","Multiple distinct permit types with separate application, condition, renewal, transfer and cancellation rules (Parts 6–7, cl.7.1–7.10).","Numerous cross-references to other written laws and external instruments (Local Government Act 1995; Road Traffic Code 2000; Liquor Control Act 1988; Wildlife Conservation Act 1950; Regulations) which affect interpretation and compliance (see cl.1.2 definitions and multiple Parts).","Significant delegated discretion for the local government, CEO and authorised persons to approve/refuse permits, vary conditions, give notices and direct removal or impounding (cl.7.2, cl.7.3, cl.2.11, cl.6.11, cl.10.2).","A graduated enforcement regime including on-the-spot modified penalties for many specific offences with a detailed penalty schedule (Part 10 and Schedule 1).","Spatial and temporal differentiation (townsite-only rules for verge treatments at cl.2.7; roadside-conservation Part 5 excludes townsite at cl.5.2) adding practical complexity for users.","Transitional and saving provisions that preserve some pre-existing verge treatments while repealing prior local laws (cl.1.4, cl.2.12), requiring attention to historical status of works.","Operational requirements on permit holders (insurance, indemnities, bonds, costs of restoration) create financial and administrative burdens (cl.7.3(g)–(i), cl.6.18(1)(d)).","Detailed exemptions, special event carve-outs and policy-based condition-imposition add layers of discretion and variability (cl.3.4, cl.6.7, cl.7.4)."],"plain_english_summary":"This local law replaces earlier local laws and establishes a permit-based regime for use of thoroughfares, verges and public places in the Shire of Esperance. It lists prohibited acts (e.g. certain planting, dumping, advertising, trading, burning, harvesting), creates multiple permit types, permits the Council/CEO to impose conditions, give notices, remove/impound items and enforce penalties. Who pays: applicants, permit holders and owners (fees, bonds, repair costs, fines). Who decides: the local government, the CEO and authorised officers. Behaviour changes: people must seek permits, maintain verges, remove unauthorised items and follow permit conditions."}},"importantCases":[],"_links":{"self":"/api/acts/activities-on-thoroughfares-and-public-places-and-trading-local-law-2016","history":"/api/acts/activities-on-thoroughfares-and-public-places-and-trading-local-law-2016/history","analysis":"/api/acts/activities-on-thoroughfares-and-public-places-and-trading-local-law-2016/analysis","conflicts":"/api/acts/activities-on-thoroughfares-and-public-places-and-trading-local-law-2016/conflicts","importantCases":"/api/acts/activities-on-thoroughfares-and-public-places-and-trading-local-law-2016/important-cases","documents":"/api/acts/activities-on-thoroughfares-and-public-places-and-trading-local-law-2016/documents"}}