{"id":"wa-local:victoria-park-town-of-amendment-signs-on-thoroughfares-local-law-2021","name":"Amendment (Signs on Thoroughfares) Local Law 2021","slug":"amendment-signs-on-thoroughfares-local-law-2021","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438977,"registerId":"wa-local:victoria-park-town-of-amendment-signs-on-thoroughfares-local-law-2021-pdf-1775955174975","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Amendment (Signs on Thoroughfares) Local Law 2021","content":"3937\nISSN 2204-4264 (online)\nPERTH, TUESDAY, 24 AUGUST 2021 No. 147\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nCONTENTS\nPART 1\nNil\n———\nPART 2\nPage\nFire and Emergency Services ............................................................................................................ 3939\nJobs, Tourism, Science and Innovation ............................................................................................ 3939\nJustice ................................................................................................................................................ 3939\nLocal Government .............................................................................................................................. 3940\nMarine/Maritime................................................................................................................................ 3947\nParliament ......................................................................................................................................... 3948\nPlanning ............................................................................................................................................. 3948\nPublic Notices..................................................................................................................................... 3949\n\nIMPORTANT COPYRIGHT NOTICE\n© State of Western Australia\nThis work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part\nmay be reproduced by any process without written permission from the Attorney General for\nWestern Australia. Inquiries in the first instance should be directed to the Government Printer,\nParliamentary Counsel’s Office, publications@pco.wa.gov.au.\nNote: A Creative Commons Attribution 4.0 International Licence (CC BY 4.0) applies with\nrespect to material on the WA Legislation Website (with certain exceptions), and to copies of Acts,\nand reprints of Acts and subsidiary legislation, printed by the Government Printer. To view\nrelevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\nPUBLISHING DETAILS\nThe Western Australian Government Gazette is published by the Government Printer for the State of\nWestern Australia on Tuesday and Friday of each week unless disrupted by Public Holidays or\nunforeseen circumstances.\nSpecial Government Gazettes containing notices of an urgent or particular nature are published\nperiodically.\nThe following guidelines should be followed to ensure publication in the Government Gazette—\n• Material submitted to the Executive Council prior to gazettal will require a copy of the signed\nExecutive Council Minute Paper.\n• Copy must be lodged with the Publications Officer, Department of the Premier and Cabinet no\nlater than 12 noon on Wednesday (Friday edition) or 12 noon on Friday (Tuesday edition)—\nEmail address:\ngazette@dpc.wa.gov.au\n• Inquiries regarding publication of notices can be directed to the Publications Officer on\n(08) 6552 6012.\n• Lengthy or complicated notices should be forwarded early to allow for preparation.\nFailure to observe this request could result in the notice being held over.\nAfter lodging any notices, confirmation is not required by post. If original copy is forwarded later and\npublished, the cost will be borne by the advertiser.\nADVERTISING RATES AND PAYMENTS\nEFFECTIVE FROM 1 JULY 2021 (Prices include GST)\nPublic Notices Section—$78.20 minimum charge (except items of an exceptionally large nature. In these\ninstances arrangements will be made for pricing the notice at time of lodging).\nAll other Notices—\nPer Column Centimetre—$15.60\nBulk Notices—$285.60 per page\nClients who have an account will only be invoiced for charges over $100.\nFor charges under $100, clients will need to supply credit card details at time of lodging notice\n(i.e. a notice under 7cm would not be invoiced).\nClients without an account will need to supply credit card details at the time of lodging the notice.\n\n24 August 2021 GOVERNMENT GAZETTE, WA 3939\n— PART 2 —\nFIRE AND EMERGENCY SERVICES\nFE401\nFIRE AND EMERGENCY SERVICES SUPERANNUATION ACT 1985\nAPPOINTMENTS\nThe following have been elected to the Fire and Emergency Services Superannuation Board—\nMEMBER\nMr M E Bailey (Elected) 19/8/2021-18/8/2024\nMr K A Landwehr (Elected) 19/8/2021-18/8/2022\nALTERNATE MEMBER\nMr T M Nolan (Elected ) 19/8/2021-18/8/2022\nMr T L Quinlan (Elected) 19/8/2021-18/8/2022\nMr P R Markovic (Re-elected) 19/8/2021-18/8/2022\nJOBS, TOURISM, SCIENCE AND INNOVATION\nJO401\nAGENT GENERAL ACT 1895\nAPPOINTMENT OF AGENT GENERAL\nIt is notified for public information that the Governor, in Executive Council, has appointed John Leslie\nLangoulant to be Agent General for Western Australia for the period 18 October 2021 to 17 October\n2024 (both dates inclusive).\nREBECCA BROWN, Director General,\nDepartment of Jobs, Tourism, Science and Innovation.\nDated August 2021.\nJUSTICE\nJU401\nJUSTICES OF THE PEACE ACT 2004\nAPPOINTMENTS\nIt is hereby notified for public information that the Governor in Executive Council has approved of the\nfollowing to the Office of Justice of the Peace for the State of Western Australia—\nCatherine May Lee of South Bunbury\nElizabeth Louise Oudin of Huntingdale\nNathan Tadek Papas of Dalyellup\nJOANNE STAMPALIA, Executive Director, Court And Tribunal Services.\n\n3940 GOVERNMENT GAZETTE, WA 24 August 2021\nLOCAL GOVERNMENT\nLG401\nLOCAL GOVERNMENT ACT 1995\nTOWN OF VICTORIA PARK\nAMENDMENT (SIGNS ON THOROUGHFARES) LOCAL LAW 2021\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling it,\nthe Council of the Town of Victoria Park resolved on the 20 July 2021 to make the following local law.\n1 Citation\nThis local law may be cited as the Town of Victoria Park Amendment (Signs on Thoroughfares) Local\nLaw 2021.\n2 Commencement\nThis local law commences 14 days after its publication in the Government Gazette.\n3 Purpose and effect\n(1) The purpose of this local law is to amend the Town of Victoria Park Activities on Thoroughfares and\nTrading in Thoroughfares and Public Places Local Law 2000 to more easily provide for the regulation\nof advertising display signage on thoroughfares.\n(2) The effect of this local law is to amend Part 3, Clause 9.4 and Schedule 1 of the Town of Victoria\nPark Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law 2000.\n4 Local law amended\nThis local law amends the Town of Victoria Park Activities on Thoroughfares and Trading in\nThoroughfares and Public Places Local Law as published in the Government Gazette on 31 May 2000.\n5 Part 3 replaced\nPart 3 is deleted and replaced with—\nPART 3—SIGNS ON THOROUGHFARES\nDivision 1—Preliminary\n3.1 Interpretation\nIn this Part, unless the context otherwise requires—\n“accused person” means a person who is accused of an offence under this local law;\n“advertisement” means the publication or display of information for the purpose of advertising\nany premises, services, business, function, event, product or thing;\n“advertising sign” means a sign which may or may not be permanently attached to a structure or\nfixed to the ground, and includes a ground based sign, a sandwich board sign and an “A” frame\nsign, that is used or intended to be used for the purpose of advertising any premises, services,\nbusiness, function, event, product or thing;\n““A” frame sign” means a folding sign which is hinged at the top to provide a stable structure\nwhen open;\n“direction sign” means a sign which indicates the direction of another place, activity or event, but\ndoes not include—\n(a) an advertising sign; or\n(b) any sign erected or affixed by the local government or the Commissioner of Main Roads;\n“election sign” means a sign which advertises any aspect of a forthcoming Federal, State or Local\nGovernment election;\n“permit holder” means the person to whom a permit has been issued under Part 3 of this local\nlaw;\n“portable advertising sign” means a portable, free standing, advertising sign;\n“portable direction sign” means a portable, free standing, direction sign;\n“sign” means and advertising sign, a direction sign or an election sign, depending on context, and\nincludes a notice, poster, flag, mark, word, letter, model, placard, board, structure, device or\nrepresentation;\n“permit” means a permit issued by the local government to display a sign; and “polling day”\nmeans the polling day fixed for an election.\nDivision 2—Signs Requiring a Permit\n3.2 Permit required for signs\nA person shall not, without a permit—\n(a) erect, place or display an advertising sign, direction sign or election sign; or\n\n24 August 2021 GOVERNMENT GAZETTE, WA 3941\n(b) post any bill or paint, place or affix any advertisement;\non a thoroughfare or any structure situated on a thoroughfare.\n3.3 Matters to be considered in determining application for Permit\nIn determining an application for a permit for the purposes of this Division the local government is to\nhave regard to—\n(a) any other written law regulating the erection or placement of signs or advertisements within\nthe district;\n(b) the dimensions of the signs or advertisements;\n(c) other signs already approved or erected in the vicinity of the proposed location of the signs or\nadvertisements;\n(d) whether or not the signs or advertisements will create a hazard to persons using a\nthoroughfare;\n(e) the amount of the public liability insurance cover, if any, to be obtained by the applicant;\n(f) whether the sign would—\n(i) obstruct the visibility or clear sight lines of any person at an intersection of\nthoroughfares; or\n(ii) impede pedestrian access;\n(g) whether the sign may obstruct or impede the use of the footpath for the purpose for which it\nwas designed; and\n(h) any other matter that the local government considers to be relevant.\n3.4 Conditions on Permit for election sign\n(1) If the local government approves an application for a permit for the erection or placement of an\nelection sign on a thoroughfare under this Division, the application is to be taken to be approved subject\nto 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 to the satisfaction of the local government so as not to obstruct or impede the\nreasonable use of a thoroughfare or access to a place by any person;\n(d) being placed to the satisfaction of the local government so as not to obstruct or impede the\nvision of a driver of a vehicle entering or leaving a thoroughfare or crossing;\n(e) being maintained in good condition to the satisfaction of the local government;\n(f) not being erected until the election to which it relates has been officially declared;\n(g) being removed within 24 hours of the close of polls on polling day;\n(h) not being placed within 100m of any works on the thoroughfare;\n(i) being securely installed, to the satisfaction of the local government;\n(j) not being an illuminated sign;\n(k) not incorporating reflective or fluorescent materials, in the opinion of the local government;\nand\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, in the opinion of the local government.\n(2) The permit holder of a permit for the erection or placement of an election sign shall comply with\neach of the conditions in subclause (1) in addition to any other conditions imposed on the permit by the\nlocal government.\nDivision 3—Signs Not Requiring a Permit\n3.5 Certain Signs do not require a Permit\n(1) Clause 3.2 does not apply to a sign that is erected, placed or displayed in accordance with this clause.\n(2) An owner or occupier of land or a building or part of a building, is not required to obtain a permit\nunder Part 3 of this local law for the purpose of erecting, placing or displaying a portable direction sign\non a thoroughfare provided that the portable direction sign-\n(a) does not exceed 500mm in height nor 0.5m2 in area; and\n(b) is placed or erected on a thoroughfare directly in front of the owner or occupier’s land or building\non an infrequent or occasional basis only to direct attention to another place, activity or event\nduring the hours of that activity or event.\n(3) An owner or occupier of land or a building or part of a building, not being used for residential\npurposes, is not required to obtain a permit under Part 3 of this local law for the purpose of erecting,\nplacing or displaying a portable advertising sign on a thoroughfare provided that the portable\nadvertising sign-\n(a) does not exceed 1,000mm in any dimension;\n(b) relates only to the business activity of the relevant owner or occupier;\n(c) is not placed in any position other than;\n(i) immediately in front of the land, building or part of the building of the owner or occupier;\nand\n\n3942 GOVERNMENT GAZETTE, WA 24 August 2021\n(ii) is located not closer than 500mm to the kerb;\nensuring always that a minimum 2m clear and free passage is maintained for persons using\nthe footpath;\n(d) is removed each day at the close of the owner or occupier’s business conducted from the land,\nbuilding or part of the building and not be erected, placed or displayed again until the business\nnext opens for trading;\n(e) is secured in position in accordance with any requirements of an authorised person;\n(f) is not an illuminated sign;\n(g) does not incorporate reflective or fluorescent materials;\n(h) is not being placed within 100m of any works on the thoroughfare;\n(i) is placed so as not to obstruct or impede the reasonable use of a thoroughfare or access to a\nplace by any person;\n(j) is placed so as not to obstruct or impede the vision of a driver of a vehicle entering or leaving a\nthoroughfare or crossing; and\n(k) is maintained in good condition.\n(4) An owner or occupier of land, a building or part of a building may only erect, place or display one\nportable direction sign and one portable advertising sign directly in front of their land or building\npursuant to this clause 3.5 without first obtaining a permit.\n(5) A person is not required to obtain a permit under Part 3 of this local law for the purposes of erecting,\nplacing or displaying a portable advertising sign on a thoroughfare provided that the portable\nadvertising sign—\n(a) does not exceed 500mm in height nor 0.5m2 in area, is located in a position not closer than\n500mm to any kerb, and ensuring always that a minimum 2m clear and free passage is\nmaintained for persons using the footpath; and\n(b) is erected, placed or displayed on a thoroughfare on an infrequent or occasional basis only to\nadvertise another place, activity or event during the hours of that activity or event, and within\nclose proximity of that activity or event; and\n(c) meets the requirements listed in clause 3.5 (3)(e) to 3.5 (3)(k)\nDivision 4—General\n3.6 Obligations on person erecting, placing or displaying sign\n(1) An owner, occupier or permit holder that erects, places or displays a sign in accordance with Part 3\nof this local law shall—\n(a) maintain the sign in a safe and serviceable condition at all times, in the opinion of the local\ngovernment;\n(b) display the permit number (if applicable) provided by the local government in a conspicuous\nplace on the sign and whenever requested by an authorised person to do so, produce the permit\nto that person;\n(c) ensure that the sign is of a stable design and is not readily moved by the wind, and does not by\nthe nature of its design or anything else cause any hazard or danger to any person using a\nthoroughfare, in the opinion of the local government;\n(d) comply with—\n(i) the conditions imposed upon the permit where a permit has been issued by the local\ngovernment; or\n(ii) the requirements of clause 3.5 where a sign is erected, placed or displayed in accordance\nwith clause 3.5;\n(e) display the sign in the location approved by the local government and as specified in the permit;\n(f) ensure the sign does not prevent free passage of persons using the footpath at all times, in the\nopinion of the local government; and\n(g) not erect, place or display a sign—\n(i) over any footpath where the resulting vertical clearance between the sign and the\nfootpath is less than 2,700mm;\n(ii) on or within 500mm from the kerb;\n(iii) in any other location where, in the opinion of the local government or an authorised\nperson, the sign is likely to obstruct lines of sight along a thoroughfare or cause danger\nto any person using the thoroughfare; or\n(iv) on any other sign (or structure supporting a sign) any natural feature, including a rock\nor tree, on a thoroughfare, or on any bridge or the structural approaches to a bridge.\n(2) A person shall not cause or permit a sign, to be erected, placed or displayed in such a condition,\nwhich in the opinion of an authorised person, causes or is likely to cause injury or danger to any person\nor damage to the clothing or possessions of any person.\n\n24 August 2021 GOVERNMENT GAZETTE, WA 3943\n3.7 Removal of sign for works\nA permit holder shall ensure that a sign that is erected, placed or displayed pursuant to Part 3 of this\nlocal law, is removed from any footpath to permit the footpath to be swept or to allow any other\nauthorised work to be carried out when directed to do so by an authorised person.\n3.8 Removal of sign which does not comply\nA person shall remove any sign, or item which does not comply with the requirements of Part 3 of this\nlocal law, from any footpath when directed to do so by an authorised person.\n6 Clause 9.4(4) inserted\nAfter clause 9.4(3) insert—\n(4) An infringement notice expires if no payment of the modified penalty has occurred and the\n28 days, plus any extension of the time to pay by an authorised person, from the date of issuing\nof the infringement notice has expired.\n(5) An infringement notice must contain advice that if the modified penalty is not paid within\n28 days of the date of issue of the infringement notice (unless extended), the infringement\nnotice will lapse and a prosecution may be commenced.\n7 Schedule 1 replaced\nSchedule 1 is deleted and replaced with—\nSchedule 1\nPRESCRIBED OFFENCES\nItem Clause Description Modified\nPenalty $\n1 2.1(a)(i) Plant which may cause a hazard 100\n2 2.1(a)(ii) Plant of 0.75m in height on thoroughfare 100\n3 2.1(a)(iii) Plant (except grass) on thoroughfare within 1m of carriageway 100\n4 2.1(b) Damaging lawn or garden 100\n5 2.1(c) Placing hazardous substance on footpath 100\n6 2.1(d) Damaging or interfering with signpost or structure on\nthoroughfare\n300\n7 2.1(e) Playing games so as to impede vehicles or persons on thoroughfare 100\n8 2.1(f) Riding of skateboard or similar device on mall or verandah of\nshopping centre\n100\n9 2.2(1)(a) Digging a trench through a kerb or footpath without a permit 100\n10 2.2(1)(b) Throwing or placing anything on a verge without a permit 100\n11 2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without\na permit\n100\n12 2.2(1)(d) Causing obstruction to water channel on thoroughfare without a\npermit\n200\n13 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a\npermit\n200\n14 2.2(1)(g) Lighting a fire on a thoroughfare without a permit 300\n15 2.2(1)(h) Felling tree onto thoroughfare without a permit 100\n16 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 100\n17 2.2(1)(j) Installing a hoist or other thing on a structure or land for use over\na thoroughfare without a permit\n300\n18 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 100\n19 2.2(1)(l) Placing a bulk rubbish container on a thoroughfare without a\npermit\n100\n20 2.2(1)(m) Interfering with anything on a thoroughfare without a permit 100\n21 2.3(1) Consumption or possession of liquor on thoroughfare 100\n22 2.4(1) Failure to obtain permit for temporary crossing 200\n23 2.5(2) Failure to comply with notice to remove crossing and reinstate\nkerb\n300\n24 2.8(1) Installation of verge treatment other than permissible verge\ntreatment\n200\n25 2.9 Failure to maintain permissible verge treatment or placement of\nobstruction on verge\n100\n26 2.10 Failure to comply with notice to rectify default 100\n27 2.16(2) Failure to comply with sign on public place 100\n28 2.18(1) Driving or taking a vehicle on a closed thoroughfare 300\n\n3944 GOVERNMENT GAZETTE, WA 24 August 2021\nItem Clause Description Modified\nPenalty $\n29 3.2(a) Erect, place or display an advertising sign, direction sign or\nelection sign on a thoroughfare or any structure situated on a\nthoroughfare without a permit\n250\n30 3.2(b) post any bill or paint, place or affix any advertisement on a\nthoroughfare or any structure situated on a thoroughfare without\na permit\n250\n31 3.4(2) Failing to comply with conditions imposed on a permit for an\nelection sign issued by the local government.\n250\n32 3.6(a) Failing to maintain the sign in a safe and serviceable condition at\nall times, in the opinion of the local government;\n100\n33 3.6(b) Failing to display the permit number provided by the local\ngovernment in a conspicuous place on the sign ;\n50\n34 3.6(b) Failing to produce a permit whenever requested by an authorised\nperson to do so\n100\n35 3.6(c) Failing to ensure that the sign is of a stable design and is not\nreadily moved by the wind, and does not by the nature of its design\nor anything else cause any hazard or danger to any person using\na thoroughfare, in the opinion of the local government;\n100\n36 3.6(d)(i) Failing to comply with the conditions imposed upon the permit\nwhere a permit has been issued by the local government\n250\n37 3.6(d)(ii) Failing to comply with the requirements of clause 3.5 where a sign\nis erected , placed or displayed in accordance with clause 3.5;\n100\n38 3.6(e) Failing to display the sign in the location approved by the local\ngovernment and as specified in the permit;\n250\n39 3.6(f) Failing to ensure the sign does not prevent free passage of persons\nusing the footpath at all times, in the opinion of the local\ngovernment.\n100\n40 3.6(g)(i) Erecting, placing or displaying a sign over any footpath where the\nresulting vertical clearance between the sign and the footpath is\nless than 2,700mm;\n100\n41 3.6(g)(ii) Erecting, placing or displaying a sign on or within 500mm from\nthe kerb;\n100\n42 3.6(g)(iii) Erecting, placing or displaying a sign in any location where, in the\nopinion of the local government or an authorised person, the sign\nis likely to obstruct lines of sight along a thoroughfare or cause\ndanger to any person using the thoroughfare; or\n250\n43 3.6(g)(iv) Erecting, placing or displaying a sign on any other sign (or\nstructure supporting a sign) any natural feature, including a rock\nor tree, on a thoroughfare, or on any bridge or the structural\napproaches to a bridge.\n100\n44 3.6(h) Erecting, placing or displaying a sign in such a condition, which in\nthe opinion of an authorised person, causes or is likely to cause\ninjury or danger to any\nperson or damage to the clothing or possessions of any person\n250\n45 3.7 Failing to ensure that a sign that is erected, placed or displayed\npursuant to Part 3 of this local law, is removed from any footpath\nwhen directed to do so by an authorised person.\n100\n46 3.8 Failing to remove any sign, or item which does not comply with\nthe requirements of Part 3 of this local law, from any footpath\nwhen directed to do so by an authorised person.\n100\n47 4.1(1) Animal or vehicle obstructing a public place or local government\nproperty\n100\n48 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 100\n49 4.2(2)(b) Animal on public place with infectious disease 100\n50 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 100\n51 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 100\n52 4.5 Person leaving shopping trolley in public place other than trolley\nbay\n100\n53 4.6(2) Failure to remove shopping trolley upon being advised of location 100\n54 5.2(1) Conducting of stall in public place without a permit 300\n55 5.3(1) Trading without a permit 300\n56 5.7(1)(a) Failure of stallholder or trader to display or carry permit 100\n\n24 August 2021 GOVERNMENT GAZETTE, WA 3945\nItem Clause Description Modified\nPenalty $\n57 5.7(1)(b) Stallholder or trader not displaying valid permit 100\n58 5.7(1)(c) Stallholder or trader not carrying certified scales when selling\ngoods by weight\n100\n59 5.7(2) Stallholder or trader engaged in prohibited conduct 100\n60 5.9 Performing in a public place without a permit 100\n61 5.10(2) Failure of performer to move onto another area when directed 100\n62 5.13 Failure of performer to comply with obligations 100\n63 5.15 Establishment or conduct of outdoor eating facility without a\npermit\n300\n64 5.17 Failure of permit holder of outdoor eating facility to comply with\nobligations\n100\n65 5.19 Failure to leave outdoor eating facility when requested to do so by\npermit holder\n50\n66 6.5 Failure to comply with a condition of a permit 100\n67 6.9 Failure to produce permit on request of authorised person 100\n68 9.1 Failure to comply with notice given under local law 100\nUnder the powers conferred by the Local Government Act 1995 and by all other powers, the Council of\nthe Town of Victoria Park resolved to make the following local law on the 20 July 2021.\nThe Common Seal of the Town of Victoria Park was affixed by the authority of a resolution of the\nCouncil in the presence of—\nKAREN VERNON, Mayor.\nANTHONY VULETA, Chief Executive Officer.\nOn the 11th day of August, 2021.\n———————————\nLG501\nBUSH FIRES ACT 1954\nCity of Kwinana\nFIRE-BREAK/HAZARD COMPLIANCE NOTICE\nSeptember 2021\nThis Fire-Break/Hazard Compliance Notice is issued by the City of Kwinana pursuant to section 33 and\n24G (2) of the Bush Fires Act 1954 to assist with the prevention, control and extinguishment of bush\nfires or to prevent the spread or extension of a bush fire to any adjoining land.\nAll property owners and/or occupiers of land within the City of Kwinana are hereby served with a first\nand final Fire-Break/Hazard Compliance Notice (the Notice) and are required to comply with the\nrequirements in full.\nFailure to comply with this Notice may result in a penalty of up to $5,000\nWhere an owner and/or occupier of land fails or neglects to comply with the Notice then, whether or not\nthe land owner/and/or occupier has faced prosecution and incurred a penalty, the City may direct the\nBush Fire Control Officer to enter upon the land to carry out the fire-breaks or fire hazard reduction\nworks set out in the Notice or as advised by the Fire Control Officer. If this occurs, the owner and/or\noccupier of land will be liable to pay the costs and expenses incurred by the City in undertaking the\nworks.\nEngagement of contractors by owner and/or occupier to carry out works\nAny owner and/or occupier who engages a contractor to undertake works on their behalf is responsible\nfor ensuring that such works when completed meet the requirements of this Notice.\nFire-breaks\nThe fire-breaks outlined below must be completed before the dates in the Notice and must be\nmaintained throughout the period as required by this Notice.\n1. Land with a total area of 3,501m² or greater\nNote: As owner and/or occupier the land, you must ensure that your property complies with the\nrequirements of this Notice from 1 December each year and must be maintained throughout and until\n31 May in the following year.\n\n3946 GOVERNMENT GAZETTE, WA 24 August 2021\nOwners and/or occupiers of land that is 3,501m² or greater are required to construct fire-breaks and\nmaintain fire-breaks—\ninside and along all land boundaries in a continuous form or within 10 metres of property\nboundaries;\naround all sides of all buildings on the land;\nas a minimum, all driveways and access ways to houses, sheds and buildings on the land must be\nconstructed and maintained to the specification of a fire-break;\non any land surrounding any place where, wood or timber piles, hay stacks, tyres, flammable\nliquids, chemicals and gas products or other flammable material are kept on the land;\nin a manner so that they are trafficable, contain no dead ends and are wide enough for a heavy-\nduty fire vehicle or other emergency service vehicles to be able to turn corners and carry out other\nmanoeuvres without the vehicles being obstructed in any way;\nthat maintains an asset protection zone around all buildings, infrastructure and fixed assets on the\nland; and\nthat ensures that all flammable materials are removed from all rooftops and gutters of buildings.\n2. Land with a total area of 1,500m² to 3,500m²\nThe works outlined in this category must be maintained all year round and owners and/or occupiers\nof land are required to maintain an asset protection zone around all buildings, infrastructure and fixed\nassets on the property by—\nensuring that all long grass, weeds, etc. are slashed, mowed or trimmed down by other means to a\nheight no greater than 50mm across your entire property; and\nremoving all flammable materials from all rooftops and gutters of buildings.\n3. Land with a total area of up to 1,499m²\nThe works outlined in this category must be maintained all year round and owners and/or occupiers\nare required to—\nensure all long grass, weeds, etc. are slashed, mowed or trimmed down by other means to a height\nno greater than 50mm across the entire property; and\nremove all flammable materials from all rooftops and gutters of buildings.\nVariations to Notice\nIf it is impractical for you to install a fire-break as specified in this Notice, you may apply to vary the\nlocation of your firebreak within your property by completing and submitting an ‘Application to Vary\nLocation and Type of Fire-breaks’ form available on the City’s website kwinana.wa.gov.au/fires\nSubmit completed forms to the City—marked for the attention of the Chief Bush Fire Control Officer—\nno later than 31 October.\nAdditional works\nRegardless of land size and location, the City or its Bush Fire Control Officers may require owners and/\nor occupiers to undertake additional work on their property to improve access, and/or undertake further\nworks to reduce a hazard that may be conducive to preventing an outbreak and/or the spread or\nextension of a bush fire.\n‘Industrial zoned’ areas may require additional works as identified by the Bush Fire Control Officer\nduring fire hazard inspections.\nOwners and/or occupiers of land should note that emergency access ways, if any, are for emergency\nservice vehicles only and are not to be considered as an escape route unless declared as such by the\nincident controller during an emergency.\nFire-hazard reduction\nAs a measure to assist in the control of bush fires, you have a legal requirement to carry out fire\nprevention works on your property.\nFire-break/fire hazard compliance inspections\nTo promote community safety and education, property inspections will be carried out by the City’s Bush\nFire Control Officers to identify non-compliant properties.\nIn addition, Drones (Unmanned Remotely Piloted Aircraft) may also be used at times to conduct fire-\nbreak/fire hazard inspections. Drones are required to be operated in accordance with the guidelines of\nthe Civil Aviation Safety Authority (CASA).\nDefinitions\n“asset protection zone” means an area with a radius of 20 metres measured from the\nexternal perimeter of the building/s or as stated in your approved\nBushfire Attack Level (BAL) assessment, within the boundaries of\nthe lot on which the building/s is situated. Fuel loads in this zone\nshall be reduced and maintained to 2 tonnes per hectare or less.\n“Bush Fire Control Officer” means an officer appointed by the City to exercise the powers and\nduties of a Bush Fire Control Officer appointed under s38(1) of the\nBush Fires Act 1954.\n“bush fire” means a fire or potential fire, however caused, and includes a fire in\na building.\n“dead end” means a track, fire-break, road or access way that terminates\nwithout any means of escape or ability to turn around safely.\n\n24 August 2021 GOVERNMENT GAZETTE, WA 3947\n“fire-break” means a strip of land 3 metres wide of mineral earth with an\nadditional 0.5 metre strip either side of low fuel area (meaning no\ngrasses or shrubs higher than 50mm) effectively creating a 4-metre-\nwide by 4 metre vertical axis high area that has been cleared of all\ntrees, bushes, grasses, vegetation and all other objects (to allow\nunrestricted access for all types of fire and other emergency\nvehicles), including the trimming back of all overhanging trees,\nbushes, shrubs and any other objects on or over the fire-break area.\nLiving green lawn may be accepted (without a fire-break variation)\ninstead of mineral earth.\n“flammable material” means any bush, plant, tree, grass, vegetation, object, thing or\nmaterial that may or is likely to catch fire and burn.\n“industrial zoned areas” means land on which manufacturing, processing, warehousing and\nrelated activities are undertaken, as defined in Metropolitan Region\nSchemes.\n“living green lawn” means soil covered land, planted with grasses or other durable\nplants, maintained green and less than 50mm in height.\n“mineral earth” means land clear of flammable material, consisting of ploughed or\ncleared soil, stone, hardstand or any mixture of these.\n“trafficable” means to be able to travel from one point to another in a fire vehicle\non a firm and stable surface, unhindered without any obstruction\nthat may endanger resources. The fire-break must not terminate\nwithout provision for egress to a safe place or a cleared turn around\narea of not less than a 21 metre radius (prior written approval may\nbe required from the City if trees are to be removed). All corners\naround the fire-break must be radiused.\n“vertical axis” means a continuous vertical uninterrupted line at a right angle to\nthe horizontal line of the fire-break.\nMARINE/MARITIME\nMA401\nPORT AUTHORITIES ACT 1999\nPORT AUTHORITIES (VESTING OF PROPERTY AND DESCRIPTION OF PORT OF ESPERANCE)\nORDER 2021\nMade under the Port Authorities Act 1999 section 24(2) and section 26 by the Governor in Executive\nCouncil.\n1. Citation\nThis order is the Port Authorities (Vesting of Property and Description of Port of Esperance) Order 2021.\n2. Commencement\nThis order comes into operation as follows—\n(a) clauses 1 and 2—on the day on which this order is published in the Gazette;\n(b) the rest of the order—on the day after that day.\n3. Terms used\nIn this order—\n1) Deposited Plan followed by a number, means the deposited plan of that number held by the\nWestern Australian Land Information Authority established by the Land Information\nAuthority Act 2006;\n2) The Excluded Area means the area of water and seabed described in the Port Authorities\n(Description of Port of Esperance) Order 2015 except for the area of water and seabed described\nin clause 5i) of this order.\n4. Land revested in the Crown\nThe Excluded Area is withdrawn from the Southern Ports Authority and is revested in the Crown.\n5. Port of Esperance described\nThe Port of Esperance consists of—\n(a) the area of water and seabed shown as Lot 322 on Deposited Plan 416487; and\n(b) the area of land shown as—\n(i) Lot 1027 on Deposited Plan 31503; and\n(ii) Lot 502 on Deposited Plan 57791; and\n(iii) Lot 8 on Deposited Plan 57177.\n6. Order revoked\nThe Port Authorities (Description of Port of Esperance) Order 2015 is revoked.\nV. MOLAN, Clerk of the Executive Council.\n\n3948 GOVERNMENT GAZETTE, WA 24 August 2021\nPARLIAMENT\nPA401\nPARLIAMENT OF WESTERN AUSTRALIA\nROYAL ASSENT TO BILLS\nIt is hereby notified for public information that the Governor has Assented in the name and on behalf\nof Her Majesty the Queen, on the dates shown, to the undermentioned Acts passed by the Legislative\nCouncil and the Legislative Assembly during the First Session of the Forty First Parliament.\nTitle of Act Date of Assent Act No.\nPublic Health Amendment (Safe Access Zones)\nAct 2021 17 August 2021 9 of 2021\nRailway (BBI Rail Aus Pty Ltd) Agreement\nAmendment Act 2021 17 August 2021 10 of 2021\nAgricultural Produce Commission Amendment\nAct 2021 17 August 2021 11 of 2021\nNIGEL PRATT, Clerk of the Parliaments.\nDated 18 August 2021.\nPLANNING\nPL401\nPLANNING AND DEVELOPMENT ACT 2005\nAPPROVED LOCAL PLANNING SCHEME AMENDMENT\nCity of Albany\nLocal Planning Scheme No. 1—Amendment No. 9\nRef: TPS/1711\nIt is hereby notified for public information, in accordance with section 87 of the Planning and\nDevelopment Act 2005 that the Minister for Planning approved the City of Albany Local Planning\nScheme amendment on 8 August 2021 for the purpose of—\ni. Rezone Lot 5 Lowanna Drive, portion of Lot 9 and 110 George Street and Lot 16 South Coast\nHighway, Gledhow from “General Agriculture” zone to “Rural Residential” zone.\nii. Include Lot 5 Lowanna Drive, Lots 9 and 110 George Street, Lot 16 South Coast Highway, Lot\n203 Charles Street, and Lots 200, 201 and 202 Pearson Place, Gledhow within Schedule 14—\nSpecified Rural Residential Zone No.22 (RR22).\niii. Modify Special Provisions Applying to Specified Rural Residential Zone column within\nSchedule 14—Specified Rural Residential Zone No.22 (RR22) as follows—\nModify Provision 1 to read—\n1.\n(a) Subdivision of RR22 shall generally be in accordance with the Lowanna Drive\nSubdivision Guide Plan, endorsed by the CEO, with any minor variations approved by\nthe Western Australian Planning Commission.\n(b) Subdivision and development of land bound by South Coast Highway, George Street,\nLowanna Drive and Charles Street, shall generally be in accordance with the Gledhow\nLocal Structure Plan, endorsed by the CEO, with any minor variations approved by the\nWestern Australian Planning Commission.\nPlace a heading prior to Provision 5 (a) as follows—\nLowanna Drive Subdivision Guide Plan\nModify Provision 5 (a) (i) to remove the reference to George Street.\nPlace a new heading subsequent to Provision 5 (b) as follows—\nGledhow Local Structure Plan\nInsert additional points on Special Provisions Applying to Specified Rural Residential Zone column\nwithin Schedule 14—Specified Rural Residential Zone No. 22 (RR22) as follows—\n6.\n(a) All habitable buildings within the Gledhow Local Structure Plan shall be located outside\nof the acoustic setback zone. Non-habitable buildings shall be set back a minimum of\n20m from the future ring road reserve and South Coast Highway.\n\n24 August 2021 GOVERNMENT GAZETTE, WA 3949\n(b) A restrictive covenant shall be placed on the Certificate of Title of Lots 15, 16 and\n17 South Coast Highway at the full expense of the landowner/ applicant, is to specify—\n(i) Lots 15 and 16 “Access to and from South Coast Highway is to be via a single\nconstructed crossover”\n(ii) Lot 17 “Access to and from South Coast Highway is not permitted. Access to and\nfrom Lot 17 is to be via Charles Street.”\n(c) A restrictive covenant shall be placed on the Certificate of Title of Lots 8, 9, 110 and\n15 preventing vehicular access onto George Street at the full expense of the\nlandowner/applicant.\n(d) At the subdivision stage of Lots 8, 9, 110 George Street, Lots 15, 16 and 17 South Coast\nHighway, a notification is to be placed on the Certificate of Title advising the lot(s) are\nsituated in the vicinity of a transport corridor and is currently affected, or may in the\nfuture be affected by transport noise.\niv. Amend the Scheme Map to partially designate Lots, 9 and 110 George Street to Rural\nResidential Zone No.22 (RR22) in accordance with the Gledhow Local Structure Plan, and\nretain the remaining portion of each lot as General Agriculture as indicated on Gledhow Local\nStructure Plan.\nD. WELLINGTON, Mayor.\nA. SHARPE, Chief Executive Officer.\nPUBLIC NOTICES\nZZ401\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nRobin Glenis Burns, late of Unit 28, 1140 Wanneroo Road, Wanneroo, Western Australia, Supervisor,\ndeceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962, relates) in\nrespect of the estate of the deceased who died on 7 June 2021 are required by Birman & Ride of Level\n3, 16 Irwin Street, Perth WA 6000 to send particulars of their claim to them by the date one month\nfrom the publication date after which date the Trustee may convey or distribute the assets having\nregard only to the claims of which he then has notice.\n———————————\nZZ402\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nTeresa Silvestri late of 21 Gugeri Road, Middle Swan Western Australia, Home Duties, deceased.\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the estate of the deceased who died on 9 April 2021 are required by the trustee, care of\nMcFarlane Lawyers, PO Box 1079 West Perth WA 6872 to send particulars of their claim to them by\n5 October 2021 after which date the trustee may convey or distribute the assets having regard only to\nthe claims of which they then have notice.\n———————————\n\n3950 GOVERNMENT GAZETTE, WA 24 August 2021\nZZ403\nTRUSTEES ACT 1962\nDECEASED ESTATES\nNotice to Creditors and Claimants\nCreditors and other persons having claims (to which Section 63 of the Trustees Act 1962 relates) in\nrespect of the estates of the undermentioned deceased persons are required by the\nExecutor/Administrator of these estates to send particulars of their claims to the\nExecutor/Administrator within one month from the date of publication of this Notice after which date\nthe Executor/Administrator may convey or distribute the assets having regard only to the claims of\nwhich the Executor/Administrator then has notice.\nJean Lilian Loxton, late of 5/41 Eric Street, Como, who died on 26 April 2021\nSimon John Heymanson, late of 4 Plover Way, Stirling who died on 2 January 2021\nJames David Gourley late of 79 Blencowe Road, Geraldton who died on 18/05/2021\nDorothy Beryl Iles late of 11 Buckden Street, Butler who died on 15/04/2021\nHAYNES LEEUWIN, Solicitors for the Executors/Administrators.\nSuite 2, Ground Floor, 190 Main Street, Osborne Park WA 6017.\nTelephone: 9409 6300.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The instrument replaces Part 3 of the existing local law and substitutes Schedule 1 (see Part 3 replacement and Schedule 1 replacement). Mechanically it expands and restructures the local government’s regulatory reach over signs on thoroughfares by: creating a clearer permit regime (cl.3.2–3.3), prescribing narrow no‑permit exceptions (cl.3.5), specifying operational and safety conditions (cls.3.4, 3.6–3.8), and altering enforcement mechanics including an infringement‑notice expiry rule (cl.9.4(4)–(5)) and a revised list of prescribed offences and penalties (Schedule 1)."},"complexity_factors":["Extensive new definitions and classifications for different sign types (Part 3, cl.3.1) increasing interpretive detail","Broad administrative discretion throughout (repeated tests “in the opinion of the local government” and powers of authorised persons: cls.3.3, 3.6, 3.8)","Layered permit regime with criteria to be considered (cl.3.3) plus detailed conditions for election signs (cl.3.4)","Multiple exemptions with size, location and timing limits for portable signs (cl.3.5) that interact with the permit regime","Detailed operational obligations and safety standards (clearances, footpath passage, securing signs) creating compliance burdens (cl.3.6)","Enforcement complexity: removal directions, requirement to display/produce permits, and an added infringement‑notice expiry rule (cls.3.7, 3.8, 9.4(4)–(5))","Comprehensive replaced Schedule of prescribed offences with many discrete offences and differing modified penalties (Schedule 1)","Cross‑references to other written laws and potential overlap with road/transport controls (cl.3.3(a), definition of direction sign)","Operational demands on businesses: daily removal, insurance consideration, and site‑specific placement rules (cls.3.3, 3.5(3)(d)–(e), 3.6(b))"],"plain_english_summary":"This local law replaces Part 3 of the Town of Victoria Park’s Activities on Thoroughfares law to regulate signs on public thoroughfares: it requires permits for most advertising, direction and election signs (cl.3.2), creates limited no‑permit exemptions for small portable signs (cl.3.5) and sets conditions on siting, safety, maintenance and removal (cls.3.4, 3.6–3.8).  \n\nThe local government and authorised persons decide permits and compliance (cl.3.3, 3.6). Permit-holders, landowners and advertisers bear costs and fines (Schedule 1). The instrument also adds an infringement‑notice expiry rule (cl.9.4(4)–(5))."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating activities on thoroughfares. While it replaces an entire Part (Part 3) and updates the penalty schedule, this is a consolidation and clarification of existing regulatory powers rather than an expansion into new areas. The scope remains limited to signage, trading, and activities on public thoroughfares as established in the parent 2000 Local Law."},"complexity_factors":["Multiple defined terms in Division 1 (11 definitions including nested definitions like 'portable advertising sign' within 'advertising sign')","Three-tier permit system: signs requiring permits (Division 2), signs exempt from permits with conditions (Division 3), and general obligations (Division 4)","Extensive conditional logic in clause 3.5 with multiple sub-clauses (3.5(2), 3.5(3), 3.5(4), 3.5(5)) setting different rules for different sign types and users","12 specific conditions for election signs in clause 3.4(1)","11 specific requirements for portable advertising signs in clause 3.5(3)","Cross-references between clauses (e.g., 3.5(5)(c) references 3.5(3)(e) to (k))","Subjective assessment criteria ('to the satisfaction of the local government', 'in the opinion of the local government') appearing 8+ times","Detailed penalty schedule with 46 separate offences listed in Schedule 1","Amendment structure requiring reference back to parent Local Law 2000"],"plain_english_summary":"The law replaces Victoria Park’s old street-sign rules with a permit-based system for most advertising, direction and election signs, while allowing limited small portable signs without permits, imposing safety clearances and new fines for breaches. \n\nIt affects local businesses, property occupiers, event organizers and political campaigns by tightening control over where, how and how long signs can be displayed to protect pedestrian safety, sight lines and timely removal after elections."}},"importantCases":[],"_links":{"self":"/api/acts/amendment-signs-on-thoroughfares-local-law-2021","history":"/api/acts/amendment-signs-on-thoroughfares-local-law-2021/history","analysis":"/api/acts/amendment-signs-on-thoroughfares-local-law-2021/analysis","conflicts":"/api/acts/amendment-signs-on-thoroughfares-local-law-2021/conflicts","importantCases":"/api/acts/amendment-signs-on-thoroughfares-local-law-2021/important-cases","documents":"/api/acts/amendment-signs-on-thoroughfares-local-law-2021/documents"}}