{"id":"wa-local:canning-city-of-animals-nuisance-and-environment-local-law-2021","name":"Animals, Nuisance and Environment Local Law 2021","slug":"animals-nuisance-and-environment-local-law-2021","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437374,"registerId":"wa-local:canning-city-of-animals-nuisance-and-environment-local-law-2021-pdf-1775954230152","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Animals, Nuisance and Environment Local Law 2021","content":"4529\nISSN 2204-4264 (online)\nPERTH, MONDAY, 4 OCTOBER 2021 No. 169 SPECIAL\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nCITY OF CANNING\n_________\nLOCAL GOVERNMENT ACT 1995\nANIMALS, NUISANCE AND\nENVIRONMENT LOCAL LAW\n2021\n————\nLOCAL GOVERNMENT ACT 1995\nLOCAL GOVERNMENT\nPROPERTY\nAND PUBLIC PLACES LOCAL\nLAW 2021\n\n\n\n4 October 2021 GOVERNMENT GAZETTE, WA 4531\nLOCAL GOVERNMENT ACT 1995\nCITY OF CANNING\nANIMALS, NUISANCE AND ENVIRONMENT LOCAL LAW 2021\nTABLE OF CONTENTS\nPART 1—PRELIMINARY\n1.1 Title\n1.2 Commencement\n1.3 Application\n1.4 Amend\n1.5 Terms used\nPART 2—KEEPING ANIMALS\nDivision 1—General\n2.1 Cleanliness\nDivision 2—Keeping Large Animals\n2.2 Large animals\nDivision 3—Keeping Miniature Pigs\n2.3 Keeping miniature pigs\nDivision 4—Keeping Poultry, Pigeons and Aviary Birds\n2.4 Keeping poultry and pigeons in a residential zone\n2.5 Roosters, geese, turkeys and peafowl\n2.6 Conditions for keeping poultry\n2.7 Conditions for keeping pigeons\n2.8 Conditions for keeping aviary birds\n2.9 Exemptions\nPART 3—PEST AND BEE MANAGEMENT\nDivision 1—General\n3.1 Premises to be kept free of mosquito breeding matter\n3.2 Measures to be taken to eradicate rodents\nDivision 2 —Bee Keeping\n3.3 Conditions for keeping bees\n3.4 Bees which cause a nuisance not to be kept\nPART 4—NUISANCES\nDivision 1—General\n4.1 Burning rubbish, refuse or vegetation\n4.2 Escape of smoke, fumes, odours and other emissions\nPART 5—BUILDING, DEVELOPMENT AND LAND CARE\nDivision 1—Litter and Refuse on Building Sites\n5.1 Interpretation\n5.2 Control of refuse\nDivision 2—Prevention of Dust and Liquid Waste\n5.3 Prohibited activities\nDivision 4—Stormwater and Wastewater Disposal\n5.4 Containment of stormwater\n\n4532 GOVERNMENT GAZETTE, WA 4 October 2021\nPART 6—ENFORCEMENT\nDivision 1—Infringement Notices\n6.1 Form of infringement notices\nDivision 2—Undertaking of Work Required by Notice\n6.2 When local government may undertake work required by notice\nPART 7—OFFENCES, PENALTIES AND FEES\nDivision 1—General\n7.1 Offences\n7.2 Prescribed offences\n7.3 Fees\nPART 8—OBJECTION AND APPEAL\n8.1 Objection and appeal rights\nSCHEDULE 1—PRESCRIBED OFFENCES\n\n4 October 2021 GOVERNMENT GAZETTE, WA 4533\nLOCAL GOVERNMENT ACT 1995\nCITY OF CANNING\nANIMALS, NUISANCE AND ENVIRONMENT LOCAL LAW 2021\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling it,\nthe Council of the City of Canning resolved on 21 September 2021 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Title\nThis is the City of Canning Animals, Nuisance and Environment Local Law 2021.\n1.2 Commencement\nThis local law comes into operation 14 days after the day on which it is published in the Government\nGazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Amend\n(1) The City of Canning Health Local-laws 1998, published in the Government Gazette on 16 December\n1998 is amended as follows—\n(a) delete Part 4 Waste Food and Refuse;\n(b) delete Part 5 Nuisance and General;\n(c) delete Part 6 Keeping of Animals;\n(d) delete Part 7 Pest Control;\n(e) delete Part 8 Infectious Diseases; and\n(f) delete Schedules 10 and 11.\n(2) The City of Canning Consolidated Local Laws, published in the Government Gazette on 31 March\n2000 is amended, by deleting Part XV Rubbish, Disused and Stored Things.\n1.5 Terms used\n(1) In this Local Law, unless the context otherwise requires—\napproved means approved by the local government;\nauthorised officer means a person appointed under section 9.10 of the LG Act to perform any of\nthe functions of an authorised officer under this local law.\naviary bird means any bird, other than poultry or pigeons, kept or usually kept in an aviary or\ncage;\nbee means an insect belonging to any of the various hymenopterous insects of the super family\nApoidea and commonly known as bee;\nbee hive means a movable or fixed structure, container or object which contains a bees nest\ncontaining an independent colony of bees and in which bees are kept;\nbeekeeper has the meaning in regulation 3 of the Biosecurity and Agriculture Management\nRegulations 2013;\nBuilding Code means the latest edition of the Building Code of Australia published by, or on\nbehalf of, the Australian Building Codes Board, as amended from time to time, but not\nincluding explanatory information published with the Building Code;\nbuilding permit means a permit granted under section 20 of the Building Act 2011;\nbuilding site means a lot for which a building permit is current, but does not include a lot on\nwhich there exists a commercial, industrial or residential building and the current building\npermit is issued in respect only of a pergola, patio, shed or other Class 10 building as classified\nby the Building Code;\nCEO means the Chief Executive Officer of the local government;\ncow includes an ox, calf or bull;\ndensity code means a number equal to the number of dwellings per hectare of land, as described\nin State Planning Policy 7.3 Residential Design Codes (volume 1), that is applied to land under\na local planning scheme;\n\n4534 GOVERNMENT GAZETTE, WA 4 October 2021\ndevelopment has the meaning in the Planning and Development Act 2005;\ndevelopment site means—\n(a) a lot or lots for which there is a current development or subdivision approval; and\n(b) a lot or lots on which construction work, earthworks, clearing of scrub, trees or\novergrowth or any other site works are taking or have taken place, whether or not the\nworks are subject to a development or subdivision approval;\ndistrict means the district of the local government;\ndust means any visible granular or particulate material which has or has the potential to become\nairborne and includes organic and non-organic matter and sand, but does not include smoke;\ndwelling house means a place of residence containing at least one sleeping room and includes a\nroom or outbuilding separate from, but ancillary to, the building in which the sleeping room is\nlocated;\nfood business has the meaning in the Food Act 2008;\nhive means a moveable or fixed structure, container or object in which a colony of bees is kept;\nhorse includes an ass, mule, donkey or pony;\nland includes a building or structure on the land;\nlarge animal includes an alpaca, cow, horse, sheep, goat, deer, camel, lama, emu, ostrich,\nkangaroo or the like but does not include a pig;\nLG Act means the Local Government Act 1995;\nliquid waste means waste from any process or activity, whether useful or useless, that is in liquid\nform and includes paint, fuel, grease, fat, oil, degreaser solvent, detergent, chemical, animal\nwaste, food waste, effluent and all discharges of liquid to land, air or water that are not\notherwise authorised by a written law but does not include uncontaminated stormwater;\nlocal government means the City of Canning;\nlocal planning scheme means a local planning scheme made by the local government under the\nPlanning and Development Act 2005;\nlot has the meaning in the Planning and Development Act 2005;\nminiature pig means a pig that does not exceed 700mm in height and does not exceed 100\nkilograms in weight as an adult;\nmosquitoes means any of the two-winged insects constituting the family Diptera Culicidae\ncommonly known as mosquitoes;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land affected\nby the interference;\noccupier has the meaning in the LG Act, but does not include the local government;\nowner has the meaning in the LG Act;\npigeon means those birds that are classified within the family Columbidae but does not include\ndoves;\npoultry includes fowls, peafowls, turkeys, ducks and other domestic fowl;\nrefuse includes bricks, lime, cement, concrete, rubble, stones, iron, timber, tiles, bags, plastics,\nashes, vegetation, wood or metal shavings, sawdust, and waste food, and includes any broken,\nused, derelict or discarded matter whatsoever, whether of the same type as or a different type\nfrom, those mentioned here;\nrefuse receptacle means a container for holding or facilitating the removal of refuse;\nRegulations means the Local Government (Functions and General) Regulations 1996;\nresidential zone means an area zoned “Residential” under a local planning scheme;\nrural zone means an area zoned “Rural” under a local planning scheme;\nrural residential zone means an area zoned “Rural Residential” under a local planning scheme;\nSchedule means a schedule to this local law;\nstormwater, in relation to a site, means naturally occurring water that results from rainfall on or\naround the site, or water flowing onto the site;\nstreet means any highway, thoroughfare or land used for vehicular or pedestrian traffic, and\nincludes all the land lying between property lines, including the verge and path;\nsubdivision approval means a subdivision approval under the Planning and Development\nAct 2005;\n(2) A term that is used in this local law and is not defined in subclause (1) has the meaning in the LG\nAct.\n(3) Where in this local law, a duty or liability is imposed on an “owner or occupier” the duty or liability\nis taken to be imposed jointly and severally on each of the owner or occupier.\n\n4 October 2021 GOVERNMENT GAZETTE, WA 4535\n(4) Where under this local law in relation to any premises an act is required to be done or is prohibited,\nthe owner or occupier of the premises has, unless the contrary intention appears, the duty of causing\nto be done the act so required to be done, or of preventing from being done the prohibited act, as the\ncase may be.\n(5) This local law is subject to sections 3.25, 3.27 and Schedules 3.1 and 3.2 of the LG Act and any\npowers of entry exercised by this local government under this local law is subject to Part 3, Division 3,\nSubdivision 3 of the LG Act.\nPART 2—KEEPING ANIMALS\nDivision 1—General\n2.1 Cleanliness\nThe owner or occupier of premises where an animal or bird is kept must—\n(a) keep the premises free from excrement, filth, food waste and all other matter that is likely to\nbecome offensive or injurious to health or to attract rodents; and\n(b) when so directed by an authorised officer, clean and disinfect the premises.\nDivision 2—Keeping Large Animals\n2.2 Large animals\n(1) A person must not keep a large animal on any land unless the land—\n(a) is in a rural zone or rural residential zone and the animal is kept in accordance with the\nprovisions of any local planning scheme applicable to that zone; or\n(b) is zoned residential with a density code of R2.5 under a local planning scheme and the animal\nis kept in accordance with the provisions of any local planning scheme applicable to that zone.\n(2) An owner or occupier of premises must not permit a large animal to approach or remain within 10\nmetres of a dwelling house.\nDivision 3—Keeping Miniature Pigs\n2.3 Keeping miniature pigs\n(1) Except for a miniature pig, a person must not keep a pig on any land.\n(2) Unless subclause (3) applies, a person must not keep a miniature pig on any land.\n(3) A person may keep, on any land, one miniature pig if—\n(a) the keeping of the miniature pig has been approved in writing by the local government;\n(b) the miniature pig is sterilised; and\n(c) the owner or occupier of premises where the miniature pig is kept complies with the\nrequirements of subclause (5).\n(4) On an application for an approval under clause 2.3(3)(a)—\n(a) the local government may—\n(i) grant the application, unconditionally or subject to any conditions that it considers\nappropriate; or\n(ii) refuse to grant the application;\n(b) if the local government grants the application, it is to issue to the approved person an approval\nin the form determined by the CEO; and\n(c) if the local government refuses to grant the application, it must advise the applicant in writing\nof its decision.\n(5) The owner or occupier of premises where a miniature pig is kept must—\n(a) retain written proof of its sterilisation;\n(b) ensure that the pig does not cause a nuisance;\n(c) maintain documentary evidence that the pig’s veterinary treatment against leptospirosis,\nerysipelas, roundworm and tapeworm is current; and\n(d) comply with the conditions (if any) imposed under subclause (4).\nDivision 4—Keeping Poultry, Pigeons and Aviary Birds\n2.4 Keeping poultry and pigeons in a residential zone\nAn owner or occupier of premises in a residential zone must not keep or permit to be kept on the\npremises—\n(a) more than 6 poultry; or\n(b) more than 20 pigeons.\n2.5 Roosters, geese, turkeys and peafowl\nExcept in the rural zone, rural residential zone and on lots zoned residential with a density code of R2.5\nunder a local planning scheme, an owner or occupier of premises must not keep—\n(a) a rooster;\n(b) a goose or gander;\n(c) a turkey; or\n(d) a peacock or peahen.\n\n4536 GOVERNMENT GAZETTE, WA 4 October 2021\n2.6 Conditions for keeping poultry\nA person who keeps poultry or permits poultry to be kept must ensure that—\n(a) all poultry are kept in a properly constructed poultry coop, except where poultry are freed for\nexercise;\n(b) no poultry are to be kept less than 5 metres from an opening to a dwelling house on any other\nlot;\n(c) no poultry are to be kept less than 1 metre from a side or rear boundary; and\n(d) no poultry are to be kept within 6 metres of a street, public building, commercial premises or\nfood business.\n2.7 Conditions for keeping pigeons\nA person who keeps pigeons or permits pigeons to be kept must ensure that—\n(a) all pigeons are kept in a properly constructed pigeon loft, except where pigeons are freed for\nexercise;\n(b) no opening to a pigeon loft, including openings for ventilation, is within 6 metres of a dwelling\nhouse on any other lot;\n(c) no pigeons are to be kept less than 1 metre from a side or rear boundary; and\n(d) no opening to a pigeon loft, including an opening for ventilation, is within 6 metres of a street,\npublic building, commercial premises or food business.\n2.8 Conditions for keeping aviary birds\nA person who keeps, or permits to be kept, aviary birds on any premises, must ensure that the aviary\nor cage in which the birds are kept is located at least 1 metre from any lot boundary and at least 6\nmetres from a dwelling house on any other lot.\n2.9 Exemptions\n(1) An owner or occupier of premises may apply in writing to the local government for an exemption\nfrom any of the requirements of clauses 2.2, 2.4, 2.6, and 2.7.\n(2) An application for an exemption must be accompanied by any relevant fees determined by the local\ngovernment under sections 6.16 to 6.19 of the LG Act.\n(3) The application for an exemption must include—\n(a) a statement outlining the reasons why an exemption is sought;\n(b) the number of birds proposed to be kept;\n(c) a site plan showing lot size, location of enclosure, and the distance of the enclosure from any\nboundaries and buildings on adjoining lots; and\n(d) proof of membership of a poultry or pigeon club (if applicable).\n(4) The CEO or authorised officer may give notice of the application to any owner or occupier of adjoining\nproperties who, in the opinion of the CEO or authorised officer, are likely to be affected by the granting\nof the exemption, including a statement that submissions may be made to the local government by a\nspecified day being a day not less than 14 days from the day on which the notice is given to the person.\n(5) In considering an application for exemption under this clause, the CEO or authorised officer is to\nhave regard to the following matters to the extent that, in the opinion of the CEO or authorised officer,\nthose matters are relevant to the application—\n(a) any likely adverse impact of the proposed exemption on the environment or amenity of the\nneighbourhood;\n(b) any likely adverse impact of the proposed exemption on any owners or occupier of adjoining\npremises;\n(c) any social or educational benefits which may be derived by any person in the district if the\napplication for an exemption is approved;\n(d) the structural suitability of any enclosure in which any animal is to be kept;\n(e) any written submissions received within the time specified in subclause (4) on the proposal;\n(f) whether or not the imposition of and compliance with appropriate conditions of an exemption\nwill mitigate any adverse effects of the approved exemption identified in the preceding\nparagraphs; and\n(g) any other matter that the CEO or authorised officer considers to be relevant in the\ncircumstances of the application.\n(6) The CEO or an authorised officer may, in respect of an application for an exemption—\n(a) grant the exemption, unconditionally or subject to any conditions that the CEO or authorised\nofficer considers appropriate; or\n(b) refuse the application.\n(7) An exemption granted under this clause is to specify—\n(a) the owner or occupier to whom the exemption applies;\n(b) the premises to which the exemption applies;\n(c) the maximum number of animals or birds which may be kept on the premises; and\n(d) any terms and conditions under which the animals or birds must be kept.\n\n4 October 2021 GOVERNMENT GAZETTE, WA 4537\n(8) If an exemption is granted subject to conditions, the holder of the exemption must comply with those\nconditions.\n(9) If an application for exemption is refused, the CEO or an authorised officer must give written notice\nof its decision to the applicant.\n(10) The CEO or an authorised officer may, at any time, cancel an exemption granted under this clause\nif—\n(a) the holder of the exemption has not complied with a condition of the exemption;\n(b) the holder of the exemption has not complied with a provision of any written law which relates\nto the exemption; or\n(c) a law is amended or repealed in a manner which is inconsistent with the terms and conditions\nof the exemption and which renders the exemption invalid, ineffective or contrary to law.\n(11) If the CEO or an authorised officer cancels an exemption, the exemption holder must be given\nwritten notice of the decision and the date of effect of the cancellation.\nPART 3—PEST AND BEE MANAGEMENT\nDivision 1—General\n3.1 Premises to be kept free of mosquito breeding matter\nAn owner or occupier of premises must keep the premises free of water that is, or is liable to become,\nthe breeding place of mosquitoes.\n3.2 Measures to be taken to eradicate rodents\nIf there are indications of the presence of rodents in, on or about premises, and while the indications\ncontinue, the owner or occupier of the premises must take effective measures to keep the premises free\nfrom rodents including—\n(a) protecting food stuffs;\n(b) using a rodenticide bait or a properly baited trap; and\n(c) preventing rodents having access to water on the premises.\nDivision 2 —Bee Keeping\n3.3 Conditions for keeping bees\n(1) A person must not keep, or permit to be kept, bees in more than 2 bee hives on any land without the\nwritten approval of the local government.\n(2) The local government may, in respect of a written application for approval to keep more than 2 bee\nhives on any land–\n(a) grant the application, unconditionally or subject to any conditions that it considers appropriate;\nor\n(b) refuse to grant the application.\n(3) If the local government grants the application, it is to issue to the approved person an approval in\nthe form determined by the CEO.\n(4) If an approval is granted subject to conditions, the holder of the approval must comply with those\nconditions.\n(5) If the local government refuses to grant the application, it must advise the applicant in writing of\nits decision.\n(6) Notwithstanding subclauses (1) and (2), a person must not keep, or permit to be kept, bees in bee\nhives on any lot unless at all times—\n(a) an adequate and permanent supply of water in a receptacle is provided on the lot within 3\nmetres of the bee hive;\n(b) the bee hive is kept not closer than 10 metres from a footpath, street or public place and not\ncloser than 5 metres from the boundary of the lot;\n(c) the bee hive is kept not closer than 10 metres from, a dwelling house on any other lot; and\n(d) the person is registered as a beekeeper if required by the Agriculture Management\n(Identification and Movement of Stock and Apiaries) Regulations 2013.\n3.4 Bees which cause a nuisance not to be kept\nA person must take all reasonable steps not to keep, or permit the keeping of, bees which cause a\nnuisance.\nPART 4—NUISANCES\nDivision 1—General\n4.1 Burning rubbish, refuse or vegetation\n(1) Subject to subclause (4), a person must not set fire to rubbish, refuse or vegetation.\n(2) Subclause (1) does not apply to the burning of vegetation on rural zoned lots, rural residential zoned\nlots and lots zoned residential with a density code of R2.5 under a planning scheme, where approval\nhas first been obtained from the local government, the burning complies with the Bush Fires Act 1954,\nany annual fire hazard reduction notice issued by the local government under that Act and any\nconditions of approval as determined by the local government.\n\n4538 GOVERNMENT GAZETTE, WA 4 October 2021\n(3) Subclause (1) does not apply to a barbeque, solid fuel water heater, space heater or oven fired with\ndry paper, synthetic char or charcoal type fuel.\n(4) An owner or occupier of premises may apply in writing to the local government for an exemption\nfrom clause 4.1(1), to burn vegetation.\n(5) An application for an exemption must be accompanied by any relevant fees determined by the local\ngovernment under sections 6.16 to 6.19 of the LG Act.\n(6) The CEO or authorised officer may give notice of the application to any owner or occupier of adjoining\nproperties who, in the opinion of the CEO or authorised officer, are likely to be affected by the granting\nof the exemption, including a statement that submissions may be made to the local government by a\nspecified day being a day not less than 14 days from the day on which the notice is given to the person.\n(7) In considering an application for exemption under this clause, the CEO or authorised officer is to\nhave regard to the following matters to the extent that, in the opinion of the CEO or authorised officer,\nthose matters are relevant to the application—\n(a) any likely adverse effect of the proposed exemption on the environment or amenity of the\nneighbourhood;\n(b) any likely adverse impact of the proposed exemption on any owners or occupier of adjoining\npremises;\n(c) whether or not there are reasonable alternatives for the disposal of the vegetation;\n(d) whether or not a haze alert has been issued by the Bureau of Meteorology for the period during\nwhich burning is to take place;\n(e) the proximity of the proposed burning of vegetation to a dwelling house, fence, road or building;\n(f) the measures proposed to be implemented by the applicant to manage the burn safely and to\nprevent the escape of the burn;\n(g) any written submissions received within the time specified in subclause (6) on the proposal;\n(h) whether or not the imposition of and compliance with appropriate conditions of an exemption\nwill mitigate any adverse effects of the approved exemption identified in the preceding\nparagraphs; and\n(i) any other matter that the CEO or authorised officer considers to be relevant in the\ncircumstances of the application.\n(8) The CEO or an authorised officer may, in respect of an application for an exemption—\n(a) grant the exemption, unconditionally or subject to any conditions that the CEO or authorised\nofficer considers appropriate; or\n(b) refuse the application.\n(9) An exemption granted under this clause is to specify—\n(a) the owner or occupier to whom the exemption applies;\n(b) the premises to which the exemption applies; and\n(c) any terms and conditions under which vegetation is to be burnt.\n(10) If an exemption is granted subject to conditions, the holder of the exemption must comply with\nthose conditions.\n(11) If an application for exemption is refused, the CEO or an authorised officer must give written notice\nof its decision to the applicant.\n(12) The CEO or an authorised officer may, at any time, cancel an exemption granted under this clause\nif—\n(a) the holder of the exemption has not complied with a condition of the exemption;\n(b) the holder of the exemption has not complied with a provision of any written law which relates\nto the exemption; or\n(c) a law is amended or repealed in a manner which is inconsistent with the terms and conditions\nof the exemption and which renders the exemption invalid, ineffective or contrary to law.\n(13) If the CEO or an authorised officer cancels an exemption, the exemption holder must be given\nwritten notice of the decision and the date of effect of the cancellation.\n4.2 Escape of smoke, fumes, odours and other emissions\nAn owner or occupier of land or premises must take all reasonable steps not to cause or permit the\nescape of smoke, fumes or odours from the land or premises in such quantity or of such a nature as to\ncause or to be a nuisance to any person.\nPART 5—BUILDING, DEVELOPMENT AND LAND CARE\nDivision 1—Litter and Refuse on Building Sites\n5.1 Interpretation\nIn this Division, unless the context otherwise requires—\noccupier, in respect of a building or development site, includes a person who is in control of all or\npart of the site, or who is authorised by the owner, lessee, licensee or other person empowered\nto exercise control in relation to the site to perform any work in relation to the site and, for the\navoidance of doubt, includes a builder or contractor.\n\n4 October 2021 GOVERNMENT GAZETTE, WA 4539\n5.2 Control of refuse\n(1) The owner or occupier of a building or development site must at all times provide and maintain\navailable for use on the site a refuse receptacle, to the satisfaction of an authorised officer, of such\ndesign as will contain any refuse likely to be produced on the site.\n(2) From the time of commencement of works on a building site until the time of completion of the\nworks, the owner or occupier of the site must—\n(a) ensure all refuse on the site is placed and contained in a refuse receptacle and prevented from\nbeing blown from the site by wind;\n(b) keep the site as free as is reasonably practicable from any refuse;\n(c) maintain the street verge, and any other reserve, immediately adjacent to the site free of refuse\nfrom the site, unless otherwise approved by the local government; and\n(d) ensure the refuse receptacle is emptied when full.\nDivision 2—Prevention of Dust and Liquid Waste\n5.3 Prohibited activities\n(1) An owner or occupier of land must take all reasonable steps to—\n(a) stabilise dust on the land;\n(b) contain all liquid waste on the land; and\n(c) ensure no dust or liquid waste is released or escapes from the land, whether by means of wind,\nwater or any other cause.\n(2) Where the local government is satisfied that—\n(a) an owner or occupier of land has not complied with paragraph (a) or (b) of subclause (1); or\n(b) dust or liquid waste has been released or escaped from the land,\nthe local government may serve on the owner or occupier of the land a notice requiring the owner or\noccupier to do one or more of the following—\n(c) comply with paragraph (a) or (b) of subclause (1);\n(d) clean up and properly dispose of any released or escaped dust or liquid waste;\n(e) clean up and make good any damage resulting from the released or escaped dust or liquid\nwaste; and\n(f) take reasonable steps to stop any further release or escape of dust or liquid waste.\n(3) The requirements set out in a notice served under subclause (2) must be complied with—\n(a) within 48 hours of service of the notice where no other time is specified;\n(b) within such other period as is specified in the notice; or\n(c) immediately, if the notice so specifies.\n(4) Where the local government is satisfied that dust or liquid waste has escaped or has been released\nfrom an activity undertaken on land or as a consequence of the use of equipment on land, the local\ngovernment may serve a notice on the owner or occupier of the land or the operator of the equipment,\nas the case may be, requiring that the activity or use of the equipment on the land be ceased\nimmediately, for such period as is specified in such notice, which shall not exceed 28 days.\n(5) In subclause (4)—\nequipment includes machinery or vehicles.\nDivision 4—Stormwater and Wastewater Disposal\n5.4 Containment of stormwater\n(1) Subject to subclause (2), the owner or occupier of a lot must take all reasonable steps to ensure that\nall stormwater received by any building, house, other structure or any paved or sealed or other surfaced\nareas including any vehicle access ways on the lot is contained within the lot and is not permitted to\ndischarge onto or run-off onto adjacent land.\n(2) Subclause (1) does not prevent the discharge of stormwater from a lot into a local government\napproved stormwater drain.\n(3) The owner or occupier of a lot must ensure that all stormwater drainage systems on the lot are\nmaintained in a good state of repair and free from obstruction.\nPART 6—ENFORCEMENT\nDivision 1—Infringement Notices\n6.1 Form of infringement notices\n(1) The form of the infringement notice referred to in section 9.16 of the LG Act is that of Form 2 in\nSchedule 1 of the Regulations; and\n(2) The form of the infringement withdrawal given under section 9.20 of the LG Act is that of Form 3\nin Schedule 1 of the Regulations.\nDivision 2—Undertaking of Work Required by Notice\n6.2 When local government may undertake work required by notice\n(1) This clause applies only in respect of a notice issued under subclauses 5.3(2) of this local law.\n\n4540 GOVERNMENT GAZETTE, WA 4 October 2021\n(2) Where a person fails to comply with a notice referred to in subclause (1) the local government may,\nsubject to compliance with the requirements of subdivision 3 of Division 3 of Part 3 of the LG Act, do\nanything that it considers necessary to achieve, so far as is practicable, the purpose for which the notice\nwas given.\n(3) The local government may recover the cost of anything it does under subclause (2) as a debt due\nfrom the person who failed to comply with the notice.\nPART 7—OFFENCES, PENALTIES AND FEES\nDivision 1—General\n7.1 Offences\n(1) A person who—\n(a) fails to do anything required or directed to be done under this local law;\n(b) fails to comply with a notice issued to the person under this local law; or\n(c) does an act or omits to do an act contrary to this local law,\ncommits an offence.\n(2) A person who commits an offence under this local law is liable, on conviction—\n(a) to a penalty not exceeding $5,000; and\n(b) if the offence is a continuing offence, to an additional penalty not exceeding $500 for each day\nor part of a day during which the offence has continued.\n7.2 Prescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section\n9.16(1) of the LG Act.\n(2) The amount appearing in the final column of Schedule 1 directly opposite a clause specified in that\nSchedule is the modified penalty for an offence against that clause.\n7.3 Fees\nIf a fee is prescribed by this local law, that fee is to be pro rata, calculated on a monthly basis for any\nperiod to 30 June each year.\nPART 8—OBJECTION AND APPEAL\n8.1 Objection and appeal rights\nWhen the local government makes a decision under this local law as to whether it will—\n(a) grant a person an approval or exemption;\n(b) vary or cancel an approval or exemption; or\n(c) give a person a notice,\nthe provisions of Division 1 of Part 9 of the LG Act and regulation 33 of the Regulations shall apply to\nthat decision.\n————\nSCHEDULE 1—PRESCRIBED OFFENCES\n[Clause 7.2]\nItem\nNo.\nClause\nNo. Nature of Offence Modified\nPenalty\n1 2.1 (a) Failure to keep premises free from matter likely to be offensive or\ninjurious to health or attracts rodents $250\n2 2.1 (b) Failure to clean and disinfect premises when directed by an\nauthorised officer $250\n3 2.2 (1)\nKeep large animal on land outside of rural zoned land, rural\nresidential zoned land or land zoned residential with a density\ncode of R2.5\n$250\n4 2.2 (2) Permit large animal within 10 metres of dwelling house $250\n5 2.3 (1) Keep a pig or pigs on any land, other than a miniature pig $250\n6 2.3(2) Keep more than one miniature pig on any land $250\n7 2.3(3)(a) Keep a miniature pig on any land, without written approval $250\n8 2.3(3)(b) Keep on any land, an unsterilised miniature pig $250\n9 2.3(5)(a) Failure to retain written proof of sterilisation of a miniature pig $250\n10 2.3(5)(b) Failure to ensure miniature pig does not cause a nuisance $250\n11 2.3(5)(c)\nFailure to maintain documentary evidence of miniature pig’s\nveterinary treatment against leptospirosis, erysipelas,\nroundworm and tapeworm is current\n$250\n\n4 October 2021 GOVERNMENT GAZETTE, WA 4541\nItem\nNo.\nClause\nNo. Nature of Offence Modified\nPenalty\n12 2.3(5)(d) Fail to comply with conditions of written approval to keep\nminiature pig $250\n13 2.4 (a) Keep or permit to be kept on the premises more than 6 poultry $250\n14 2.4 (b) Keep or permit to be kept on the premises more than 20 pigeons $250\n15 2.5 Keeping a rooster, goose or gander, turkey, peacock or peahen on\npremises $250\n16 2.6 (a) Fail to keep poultry in a properly constructed poultry coop, except\nwhere poultry are freed for exercise $250\n17 2.6 (b) Poultry kept less than 5 metres from an opening to a dwelling\nhouse on any other lot $250\n18 2.6 (c) Poultry kept less than 1 metre to a side or rear boundary $250\n19 2.6 (d) Poultry kept within 6 metres of a street, public building,\ncommercial premises or food business $250\n20 2.7 (a) Failure to keep pigeons in a properly constructed pigeon loft,\nexcept when pigeons are freed for exercise $250\n21 2.7 (b) Opening to a pigeon loft, including openings for ventilation is\nwithin 6 metres of any dwelling house on other lot $250\n22 2.7 (c) Pigeons kept less than 1 metre from a side or rear boundary $250\n23 2.7 (d)\nOpening to a pigeon loft, including an opening for ventilation, is\nwithin 6 metres of a street, public building, commercial premises\nor food business\n$250\n24 2.8\nFailure to keep aviary or cage in which birds are kept located at\nleast 1 metre from any lot boundary and at least 6 metres from a\ndwelling house on any other lot\n$250\n25 2.9 (8) Failure to comply or cause compliance with conditions of\nexemption $250\n26 3.1 Fail to keep premises free of water that is, or is liable to become,\nthe breeding place of mosquitoes $250\n27 3.2 Fail to take effective measures to keep the premises free from\nrodents $250\n28 3.3 (1) Keep or permit to be kept, bees in more than 2 beehives on land\nwithout written approval from the local government $250\n29 3.3 (4) Fail to comply with conditions of written approval to keep bees $250\n30 3.3 (6)\n(a)\nWhen keeping bees in beehives failing to provide adequate and\npermanent supply of water in a receptacle within 3 metres of the\nbeehive\n$250\n31 3.3 (6)\n(b)\nBeehive kept less than 10 metres from any footpath, street, street\nor public place and not closer than 5 metres from any lot boundary $250\n32 3.3 (6) (c) Beehive is kept closer than 10 metres from any dwelling house on\nany other lot $250\n33 3.4 Bees kept or permitted to be kept causing a nuisance $250\n34 4.1 (1) Setting fire to rubbish, refuse or vegetation $250\n35 4.1 (10) Failure to comply or cause compliance with conditions of\nexemption to burn $250\n36 4.2 Cause or permit the escape of smoke, fumes, odours or other\nemissions so as to cause a nuisance $250\n37 5.2(1) Failure to provide or maintain a refuse receptacle on a building or\ndevelopment site $250\n38 5.2(2)(a)\nFailure to place and contain all refuse on a building or\ndevelopment site in a refuse receptacle and prevent refuse blowing\noff site\n$250\n39 5.2(2)(b) Failure to keep the building or development site as free as is\nreasonably practicable from any refuse $250\n40 5.2(2)(c) Failure to maintain the street verge and any other reserve\nimmediately adjacent to the site free of refuse from the site $250\n41 5.2(2)(d) Failure to ensure a refuse receptacle on a building or development\nsite is emptied when full $250\n42 5.3(1) Release or escape of dust or liquid waste from land $250\n43 5.4(1) Failure to ensure that all rainwater or storm water received by a\nlot and any building, house or structure on the lot, is contained $250\n\n4542 GOVERNMENT GAZETTE, WA 4 October 2021\nItem\nNo.\nClause\nNo. Nature of Offence Modified\nPenalty\n44 5.4(3) Failure to ensure that all stormwater drainage systems on the lot\nare maintained in a good state of repair and free from obstruction $250\n————\nDated this 24th of September 2021.\nThe Common Seal of the City of Canning was affixed by authority of a resolution of the Council in the\npresence of—\nPATRICK HALL, Mayor.\nSTEPHEN CAIN, Chief Executive Officer.\n———————————\n\n4 October 2021 GOVERNMENT GAZETTE, WA 4543\nLOCAL GOVERNMENT ACT 1995\nCITY OF CANNING\nLOCAL GOVERNMENT PROPERTY\nAND PUBLIC PLACES LOCAL LAW 2021\nTABLE OF CONTENTS\nPART 1—PRELIMINARY\n1.1 Title\n1.2 Commencement\n1.3 Application\n1.4 Repeal\n1.5 Terms used\n1.6 Meaning of ‘on’\n1.7 Transitional\n1.8 Application as to assistance animals\n1.9 Overriding power to hire and agree\nPART 2—ACTIVITIES ON LOCAL GOVERNMENT PROPERTY\n2.1 Activities needing a permit\n2.2 Application for a permit to hire local government property\nPART 3—BEHAVIOUR ON LOCAL GOVERNMENT PROPERTY\nDivision 1—Behaviour on and Interference with Local Government Property\n3.1 Behaviour which interferes with others\n3.2 Behaviour detrimental to property\n3.3 Taking or injuring any fauna\n3.4 No smoking\n3.5 Entry to local government property\n3.6 Refusal of entry to local government property\n3.7 Persons may be directed to leave local government property\nDivision 2—Signs\n3.8 Signs\n3.9 Transitional\nPART 4—ACTIVITIES IN PUBLIC PLACES\nDivision 1—General\n4.1 General prohibitions\n4.2 Activities requiring a permit\nDivision 2—Vehicle Crossing\n4.3 Temporary crossing\n4.4 Removal of a redundant crossing\nDivision 3—Verge Treatments\n4.5 Permissible verge treatments\n4.6 Obligations of owner or occupier\n4.7 Powers to carry out public works on verges\n4.8 Transitional provision\nDivision 4—Street Numbers\n4.9 Assignment of street numbers\n4.10 Street number to be displayed\n\n4544 GOVERNMENT GAZETTE, WA 4 October 2021\nDivision 5—Fencing\n4.11 Public place—clause 4(1) of Division 1, Schedule 3.1 of the Act\nPART 5—ADVERTISING SIGNS\n5.1 General prohibitions\n5.2 Signs requiring a permit\n5.3 Exemptions\n5.4 Impounding of advertising signs\nPART 6—SHOPPING TROLLEYS\n6.1 Person not to leave shopping trolley in a public place\n6.2 Shopping trolley to be removed by retailer\n6.3 Impounding of abandoned shopping trolley\nPART 7—ALFRESCO DINING AREA ON PUBLIC PLACE\n7.1 Alfresco dining area on a public place without a permit\n7.2 No smoking areas\n7.3 Removal of an unlawful alfresco dining area\nPART 8—PERMITS\nDivision 1—Applying for a Permit\n8.1 Application for a permit\n8.2 Matters to be considered in determining permit application for advertising sign\n8.3 Decision on application for permit\n8.4 General restrictions on grant of permit\n8.5 Compliance with a permit\nDivison 2—Conditions\n8.6 Conditions which may be imposed on a permit\n8.7 Conditions of trading in public place\n8.8 Conditions of advertising sign\nDivision 3—General\n8.9 Duration of permit\n8.10 Renewal of permit\n8.11 Transfer of permit\n8.12 Cancellation or suspension of permit\n8.13 Nominee of permit holder\nPART 9—OBJECTIONS AND APPEALS\n9.1 Objection and appeal rights\nPART 10—MISCELLANEOUS\n10.1 Disposal of lost property\nPART 11—ENFORCEMENT\nDivision 1—Notices\n11.1 Liability for damage to local government property or a public place\n11.2 Notice to remove thing unlawfully placed on thoroughfare\n11.3 Notice to repair damage to thoroughfare\n11.4 Local government may undertake requirements of a notice\nDivision 2—Offences and Penalties\n11.5 Offences\n11.6 Prescribed offences\n11.7 Form of notices\nSCHEDULE 1—PRESCRIBED OFFENCES\nSCHEDULE 2—RESTRICTED AREA\n\n4 October 2021 GOVERNMENT GAZETTE, WA 4545\nLOCAL GOVERNMENT ACT 1995\nCITY OF CANNING\nLOCAL GOVERNMENT PROPERTY\nAND PUBLIC PLACES LOCAL LAW 2021\nUnder the power conferred by the Local Government Act 1995 and under all other powers enabling it,\nthe Council of the City of Canning resolved on 21 September 2021 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Title\nThis is the City of Canning Local Government Property and Public Places Local Law 2021.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government Gazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Repeal\nParts III, IV, V, VII, IX, X, XI, XII and XVI of the City of Canning Consolidated Local Laws, published\nin the Government Gazette on 31 March 2000, are repealed.\n1.5 Terms used\nIn this local law, unless the context otherwise requires—\nAct means the Local Government Act 1995;\nadvertising 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, a garage sale sign, a display\nhome sign, an election sign and a portable sign;\nalfresco dining area means an area in which tables, chairs and other temporary structures are\nprovided for the purpose of the supply of food or beverages or both to the public or the\nconsumption of food or beverages or both by the public;\nanimal means any living thing that is not a human being or plant;\nauthorised person means a person appointed under section 9.10 of the Act to perform any of the\nfunctions of an authorised person under this local law;\nBuilding Code of Australia means the Building Code of Australia which is volumes 1 and 2, as\namended from time to time, of the National Construction Code series published by, or on behalf\nof, the Australian Building Codes Board;\ncarriageway has the meaning in the Road Traffic Code 2000;\nCEO means the Chief Executive Officer of the local government;\ncommencement day means the day on which this local law comes into operation under clause 1.2;\nCouncil means the council of the local government;\ncrossing means a crossing giving access from a public thoroughfare to—\n(a) private land; or\n(b) a private thoroughfare serving private land;\ndetrimental to the property, in relation to local government property, includes—\n(a) removing any thing from the local government property such as a rock, plant, fixture,\nfitting, chattel, equipment or furniture provided for the use, enjoyment or safety of any\nperson;\n(b) destroying, defacing or damaging a building or any thing on the local government\nproperty, such as a plant, fixture, chattel, equipment or furniture provided for the use,\nenjoyment or safety of any person; and\n(c) causing environmental harm or nuisance to or on the local government property;\ndistrict means the district of the local government;\nelection sign means a sign which advertises any aspect of a forthcoming Federal, State or Local\nGovernment election;\n\n4546 GOVERNMENT GAZETTE, WA 4 October 2021\nfauna means any animal indigenous to or which periodically migrates to any State or Territory of\nthe Commonwealth or the territorial waters of the Commonwealth and includes, in relation to\nany such animal—\n(a) any class of animal or individual members;\n(b) the eggs or larvae; or\n(c) the carcass, skin, plumage or fur;\nFood Act means the Food Act 2008;\nfood business has the meaning in the Food Act;\ngarage sale sign means a portable free standing sign used to direct persons to a garage sale at a\nresidential premises;\nhome open sign means a portable free standing sign used to direct persons to a home for sale that\nis open for inspection by the public;\nintersection has the meaning in the Road Traffic Code 2000;\nlocal government means the City of Canning;\nlocal government property means anything—\n(a) which belongs to, is owned by or is under the care control and management of the local\ngovernment;\n(b) which is an “otherwise unvested facility” within section 3.53 of the Act but does not\ninclude a thoroughfare; or\n(c) of which the local government is the management body under the Land Administration\nAct 1997;\nbut does not include a thoroughfare.\nlocal public notice means notice given in accordance with the procedure set out in section 1.7 of\nthe Act;\nlot has the meaning given to it in the Planning and Development Act 2005;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal\nliability in the tort of public or private nuisance at common law;\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land affected\nby the interference;\noccupier has the meaning in the Act, but does not include the local government;\nowner has the meaning in the Act;\npath has the meaning in the Road Traffic Code 2000;\npermissible verge treatment has the meaning in clause 4.5;\npermit means a permit issued under this local law;\npermit holder means a person who holds a valid permit;\nportable sign means a free standing portable advertising sign not permanently attached to a\nstructure or fixed to the ground or pavement, and includes an ‘A’ frame sign;\npromotional activity means the advertising or promotion of, or raising of funds for, a particular\ngroup, product or service;\npublic place includes a thoroughfare or place which the public are allowed to use, whether or not\nthe 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; or\n(b) local government property;\nregistered food business has the meaning in the Food Act and applies to a food business that is\nregistered by the local government in accordance with the Food Act;\nRegulations means the Local Government (Functions and General) Regulations 1996;\nretailer means a proprietor of a shop in respect of which shopping trolleys are provided for the use\nof customers of the shop;\nshopping trolley means a container or receptacle on wheels provided by a retailer to enable a\nperson to transport goods;\nsmoke has the meaning in the Tobacco Products Control Act 2006;\nstreet means any highway, thoroughfare or land used for vehicular or pedestrian traffic, and\nincludes all the land lying between property lines, including the verge and path;\nstreet number means a number or numbers, with or without an alphabetical suffix, assigned to a\nproperty to identify the address of the property by reference to a street;\nstreet tree means a tree or tall plant that has a wooden trunk and branches that grow from its\nupper part, planted or self-sown in the street, of an appropriate species and in an appropriate\nlocation, as determined by the local government, for the purpose of contributing to the\nstreetscape;\n\n4 October 2021 GOVERNMENT GAZETTE, WA 4547\nthoroughfare has the meaning in the Act, but does not include a private thoroughfare which is\nnot under the management or control of the local government;\ntobacco product has the meaning in the Tobacco Products Control Act 2006;\ntrading means—\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 or on local government property; or\n(b) displaying goods in a public place or local government property 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 includes the setting up\nof a stall, or the conducting of a business at a stall;\nvehicle includes—\n(a) each conveyance and each object capable of being propelled or drawn on wheels, tracks\nor otherwise, including an off-road vehicle; and\n(b) an animal being ridden or driven,\nbut excludes—\n(c) a wheelchair or any device designed for use by a physically impaired person on a path;\n(d) a pram, a stroller or a similar device;\n(e) a bicycle or wheeled recreational device;\n(f) a shopping trolley; and\n(g) a boat;\nverge means that part of a thoroughfare that is between the carriageway and a lot which abuts the\nthoroughfare and includes a nature strip.\n1.6 Meaning of ‘on’\nIn this local law—\n(a) a reference to ‘on local government property’ or to ‘in local government property’ includes ‘on or\nin local government property’; and\n(b) a reference to ‘on a public place’ or to ‘in a public place’ includes ‘on or in a public place’.\n1.7 Transitional\nA permit, licence, consent or authorisation issued in accordance with a local law that is repealed under\nclause 1.4—\n(a) is taken to be a permit granted under this local law;\n(b) is to be valid for the period specified on the permit, licence, consent or authorisation; and\n(c) may be earlier cancelled or suspended in accordance with this local law.\n1.8 Application as to assistance animals\nThis local law is subject to any written law and any law of the Commonwealth about an assistance\nanimal as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth).\n1.9 Overriding power to hire and agree\nDespite anything to the contrary in this local law, the CEO or an authorised person, on behalf of the\nlocal government, may—\n(a) hire local government property to any person; or\n(b) enter into an agreement with any person regarding the use of any local government property.\nPART 2—ACTIVITIES ON LOCAL GOVERNMENT PROPERTY\n2.1 Activities needing a permit\n(1) A person must not without a permit—\n(a) subject to subclause (3), hire local government property;\n(b) erect on local government property a structure for public amusement or for any other\nperformance, whether for gain or otherwise;\n(c) erect a building on local government property;\n(d) make an excavation on, erect a fence on or remove a fence from, local government property;\n(e) deposit or store any thing on local government property;\n(f) camp on or lodge at local government property for the purpose of sleeping on local government\nproperty;\n(g) teach, coach or train for profit a person, animal or dog on local government property;\n(h) conduct a function, or public event or undertake any promotional activity, on local government\nproperty;\n(i) light a fire on local government property except in a facility provided for that purpose;\n\n4548 GOVERNMENT GAZETTE, WA 4 October 2021\n(j) carry on trading on local government property unless the trading is conducted—\n(i) with the consent of a person who holds a permit to conduct a function, and where the\ntrading is carried on under and in accordance with the permit; or\n(ii) by a person who has a permit to carry on trading on local government property under\nany written law;\n(k) unless an employee of the local government in the course of her or his duties or on an area set\naside for that purpose—\n(i) drive or ride or take any vehicle on to local government property; or\n(ii) park or stop any vehicle on local government property;\n(l) advertise anything by any means on local government property.\n(2) The CEO or an authorised person may exempt a person from compliance with subclause (1).\n(3) The CEO or an authorised person may exempt specified local government property or a specified\nclass of local government property from the application of subclause (1)(a).\n2.2 Application for a permit to hire local government property\n(1) The local government may hire local government property to a person who makes an application for\na permit for the hire of local government property under Part 8.\n(2) The local government may—\n(a) determine that the requirements of this local law do not apply to the hiring of specified local\ngovernment property or a specified class of local government property; and\n(b) on the application of a person seeking a permit, waive the requirement to pay a hire fee or any\npart of a hire fee.\nPART 3—BEHAVIOUR ON LOCAL GOVERNMENT PROPERTY\nDivision 1—Behaviour on and Interference with Local Government Property\n3.1 Behaviour which interferes with others\nA person must not, on local government property, behave in a manner which is likely to or does,\ninterfere with, interrupt or disturb the enjoyment of a person who might use the property or who is\nusing the property.\n3.2 Behaviour detrimental to property\nA person must not behave in or on local government property in a way which is or might be detrimental\nto the property.\n3.3 Taking or injuring any fauna\nA person must not take, injure or kill, or attempt to take, injure or kill, any fauna which is on or above\nany local government property unless that person is authorised under a written law to do so.\n3.4 No smoking\n(1) In this clause—\npremises means a building, stadium or similar structure which is local government property, but\nnot an open space such as a park or a playing field.\n(2) A person must not smoke within a 10 metre radius of any entrance, exit or aperture of premises on\nlocal government property.\n3.5 Entry to local government property\nA person, other than an authorised person performing a function or a contractor of the local government\ncarrying out a contracted duty, must not—\n(a) enter or remain on any local government property except on those days and during those times\nwhen access is available to the public; or\n(b) enter any place that has been fenced off or closed to the public.\n3.6 Refusal of entry to local government property\n(1) An authorised person may refuse to allow entry, or suspend admission, to any local government\nproperty to any person whom he or she reasonably suspects has behaved in a manner contrary to the\nprovisions of this Part.\n(2) A refusal or suspension under subclause (1) can be for any period of up to 12 months as determined\nby an authorised person.\n(3) Subclause (1) does not apply to a venue where Council or Committee meetings are held.\n3.7 Persons may be directed to leave local government property\nAn authorised person who reasonably suspects that a person has contravened a provision of any written\nlaw in respect of local government property may direct the person to leave the local government\nproperty.\n\n4 October 2021 GOVERNMENT GAZETTE, WA 4549\nDivision 2—Signs\n3.8 Signs\n(1) The local government may erect a sign on local government property specifying any conditions of\nuse which apply to that property.\n(2) A person must comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) is—\n(a) not be inconsistent with any provision of this local law; and\n(b) be for the purpose of giving notice of the effect of a provision of this local law.\n3.9 Transitional\nA sign erected on a public place under a local law that is repealed under clause 1.4 is taken, on and\nfrom the commencement day, to be a sign erected under clause 3.8 if the sign is not inconsistent with\nany provisions of this local law.\nPART 4—ACTIVITIES IN PUBLIC PLACES\nDivision 1—General\n4.1 General prohibitions\nSubject to this local law, a person must not—\n(a) damage a lawn or garden on or in a public place or remove any plant or part of a plant from a\nlawn or garden on a public place unless—\n(i) the person is the owner or occupier of the lot abutting that portion of the thoroughfare\nand the lawn, garden or the particular plant was installed or planted by that owner or\noccupier; or\n(ii) the person is acting under the authority of a written law;\n(b) on a verge, repair or service a vehicle;\n(c) place, allow to be placed or allow to remain on a thoroughfare or verge any thing that results\nin a hazard for a person using the thoroughfare or verge; or\n(d) use anything or do anything so as to create a nuisance on a public place.\n4.2 Activities requiring a permit\n(1) A person must not, without a permit—\n(a) dig or otherwise create a trench through or under a kerb or path;\n(b) damage a street tree or remove a street tree or part of a street tree, including the roots, which\nis on a public place irrespective of whether the street tree was planted by the owner or occupier\nof the lot abutting the thoroughfare or by the local government unless the person is acting\nunder the authority of a written law;\n(c) subject to Division 3 of this Part, throw, place or deposit any thing on a verge except for the\npurpose of removal by the local government under a bulk rubbish collection and then only in\naccordance with the terms and conditions and during the period of time advertised by the local\ngovernment in connection with that collection;\n(d) damage, remove or interfere with any part of a thoroughfare, kerb, path or any structure or\nsign erected on or in a thoroughfare by the local government or a person acting under lawful\nauthority;\n(e) unless installing, or in order to maintain, a permissible verge treatment—\n(i) lay pipes under, or provide taps on, a verge; or\n(ii) place or install, on a part of a thoroughfare, any thing such as crushed limestone, gravel,\nstone, flagstone, cement, concrete slabs, blocks, bricks, pebbles, plastic sheeting, kerbing,\nwood chips, bark or sawdust, including for the purposes of storage of stockpiling;\n(f) drive a vehicle or permit a vehicle to be driven across a kerb or path if the vehicle is so heavy\nor is of such a nature that it causes or is likely to cause damage to the kerb or the paving of the\npath;\n(g) carry on trading in a public place;\n(h) establish or operate an alfresco dining area, otherwise than in accordance with clause 7.1.\n(2) The local government may exempt a person from compliance with subclause (1).\nDivision 2—Vehicle crossings\n4.3 Temporary crossing\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 must obtain a permit for the construction and use of a\ntemporary crossing to protect the existing carriageway, kerb, drains and path where—\n(a) a crossing does not exist; or\n(b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely\nto cause damage to the crossing.\n(2) 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 the temporary crossing is removed, the permit\nholder must keep the temporary crossing in good repair and in a condition that does not to create any\ndanger or obstruction to persons using the thoroughfare.\n\n4550 GOVERNMENT GAZETTE, WA 4 October 2021\n4.4 Removal of a redundant crossing\n(1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing must be\nremoved and the kerb, drain, path, verge and any other part of the thoroughfare affected by the removal\nmust be reinstated to the satisfaction of the CEO or an authorised officer.\n(2) The local government may give written notice to the owner or occupier of a lot requiring him or her\nto—\n(a) remove all or part 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 must comply with that\nnotice.\nDivision 3—Verge treatments\n4.5 Permissible verge treatments\n(1) An owner or occupier of land which abuts a verge may, on that part of the verge directly in front of\nthe land, install a permissible verge treatment.\n(2) A permissible verge treatment is–\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 street in\nthe vicinity of an intersection or bend in the street or using a driveway on land adjacent\nto the street for access to or from the street;\n(ii) plantings are maintained at a height no greater than 0.7 metres;\n(iii) where there is no path, a pedestrian has safe and clear access of a minimum width of 1.5\nmetres along that part of the verge immediately adjacent to the kerb;\n(iv) it does not include a wall or built structure;\n(v) it is not of a thorny, poisonous or hazardous nature; and\n(c) the installation over no more than one third of the area of the verge (including any approved\nvehicle crossing and/or footpath) of an acceptable material and, on the balance of the verge, the\ninstallation of mulch or a permissible verge treatment in accordance with paragraph (a) or (b)\nof subclause (2).\n(3) In this clause—\nacceptable material means any material which would create a hard surface, and which has been\napproved by the local government.\n(4) Unless otherwise approved in writing by the local government, a person must not install or maintain\na verge treatment which is not a permissible verge treatment.\n(5) 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 4.6.\n4.6 Obligations of owner or occupier\n(1) An owner or occupier who installs or maintains a permissible verge treatment must—\n(a) keep the permissible verge treatment in a good and tidy condition and ensure, where the verge\ntreatment is a garden or lawn, that a path on the verge and a carriageway adjoining the verge\nis not obstructed by the verge treatment;\n(b) ensure that clear sight visibility is maintained at all times for a person using the abutting\nthoroughfare in the vicinity of an intersection or bend in a thoroughfare, or using a driveway\non land adjacent to the thoroughfare for access to or from the thoroughfare;\n(c) not place an obstruction on or around the verge treatment; and\n(d) ensure that the verge treatment does not damage or obstruct a drain, manhole, galley,\ninspection pit, channel, kerb or tree planted by the local government.\n(2) If an owner or occupier fails to install or maintain a verge treatment in accordance with subclause\n(1), the local government may issue the owner or occupier with a notice requiring that person to make\ngood any breach of subclause (1).\n4.7 Powers to carry out public works on verges\n(1) If the owner or occupier does not comply with a notice issued under clause 4.6(2), the local\ngovernment may carry out any works to make good any breach of this local law.\n(2) The local government or any other authority empowered by law to dig up a street may, without being\nliable to compensate any person, dig up all or any part of a street and disturb any verge treatment\ninstalled or placed by an owner or occupier.\n(3) Where the local government or an authority empowered to do so under a written law disturbs a\nverge, the 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\n4 October 2021 GOVERNMENT GAZETTE, WA 4551\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.\n4.8 Transitional provision\n(1) In this clause—\nformer provisions means the provisions of the repealed local laws which permitted certain types\nof verge treatments, whether with or without the consent of the local government.\n(2) A verge treatment which—\n(a) was installed prior to the commencement day; and\n(b) was a type of verge treatment that, immediately before the commencement day, was permitted\nunder and complied with the former provisions,\nis taken to be a permissible verge treatment for so long as the verge treatment remains of the same\ntype and continues to comply with the former provisions.\nDivision 4—Street numbers\n4.9 Assignment of street numbers\nThe CEO or an authorised person may assign a street number to a property in the district and may\nassign another street number to the property instead of that previously assigned.\n4.10 Street number to be displayed\n(1) The owner or occupier of a property must display and maintain the current street number assigned\nby the local government to the property in a conspicuous place on the front of the building, letterbox,\nfence or gate adjacent to the street fronting the property.\n(2) A sign painted on the kerb adjacent to a property depicting the street number is satisfactory for the\npurposes of subclause (1).\nDivision 5—Fencing\n4.11 Public place—clause 4(1) of Division 1, Schedule 3.1 of the Act\nEach of the following places is 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 1.5; and\n(b) local government property.\nPART 5—ADVERTISING SIGNS\n5.1 General prohibitions\nA person must not erect or place a sign—\n(a) on a footpath;\n(b) over any footpath where the resulting vertical clearance between the sign and the footpath is\nless than 2.7 metres;\n(c) on or within 2 metres of a carriageway;\n(d) in any other location where, in the opinion of an authorised person, the sign is likely to obstruct\nlines of sight along a thoroughfare or cause danger to any person using the thoroughfare; or\n(e) on any natural feature, including a rock or tree on a thoroughfare, or on any bridge or the\nstructural approaches to a bridge.\n5.2 Signs requiring a permit\n(1) In this clause—\nthoroughfare does not include a footpath or any other part of a thoroughfare that is specified in\nclause 5.1.\n(2) A person must not, without a permit—\n(a) erect or place a sign on a thoroughfare; or\n(b) post any bill or paint, place or affix any advertisement on a thoroughfare.\n5.3 Exemptions\n(1) The following advertising signs are exempt from the requirement of clause 5.2—\n(a) an advertising sign erected by the local government or with the approval of the local\ngovernment on land under the care, control and management of the local government;\n(b) an advertising sign erected by an authority lawfully empowered to do so;\n(c) a home open sign or a garage sale sign, placed on a verge, provided that—\n(i) the sign neither exceeds 0.65 metres in height nor 0.4 metres squared in area;\n(ii) the sign is placed or erected on a thoroughfare on the day of the garage sale or home open\nand is removed from the thoroughfare by no later than 7:30pm on the day of the garage\nsale or home open;\n\n4552 GOVERNMENT GAZETTE, WA 4 October 2021\n(iii) no more than 3 signs are erected or placed on street verges or other public places for any\nindividual home open or garage sale; and\n(iv) in the case of a home open sign only, the sign is marked with the name of the realestate\nagency and property address of the home open; and\n(d) an election sign, provided that—\n(i) the sign is placed or erected on a thoroughfare not more than 28 days before or more than\n7 days after the relevant election day;\n(ii) the sign is no greater than 2 metres squared in area;\n(iii) the sign is erected at least 30 metres from any intersection; and\n(iv) the sign is free standing and is not fixed to any sign, post, power or light pole, or similar\nstructure.\n(2) The CEO or an authorised person may exempt a person from compliance with clause 5.2.\n5.4 Impounding of advertising signs\nA sign which contravenes clause 5.1 or clause 5.2 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.\nPART 6—SHOPPING TROLLEYS\n6.1 Person not to leave shopping trolley in a public place\nA person must not leave or discard a shopping trolley on local government property or in a public place\nother than in an area designated for the storage of shopping trolleys.\n6.2 Shopping trolley to be removed by retailer\n(1) In this clause—\nrestricted area means the area marked on the diagram in Schedule 2 and includes each of the\nthoroughfares (including the verges on each of the thoroughfares) marked in red on the\ndiagram.\n(2) If a shopping trolley is found within the restricted area, other than in an area set aside for the\nstorage of shopping trolleys, the CEO or an authorised person may advise (verbally or in writing) a\nretailer whose name is marked on the shopping trolley of the location of the shopping trolley.\n(3) If a shopping trolley is found in a public place, other than within the restricted area or in an area\nset aside for storage of shopping trolleys, the CEO or an authorised person may advise (verbally or in\nwriting) a retailer whose name is marked on the shopping trolley of the location of the shopping trolley.\n(4) A retailer must take all reasonable steps to remove a shopping trolley within 12 hours of being\nadvised under subclause (2), or within 24 hours of being advised under subclause (3), unless the\nretailer—\n(a) requests the local government to collect and deliver the shopping trolley to the retailer; and\n(b) pays any fee for that collection and delivery (imposed and determined under and in accordance\nwith sections 6.16 to 6.19 of the Act) within the period specified by the local government.\n6.3 Impounding of abandoned shopping trolley\nA shopping trolley that is not removed by a retailer after having been so advised under clause 6.2 may\nbe removed, impounded or disposed of in accordance with Subdivision 4 of Division 3 of Part 3 of the\nAct and regulation 29 of the Regulations.\nPART 7—ALFRESCO DINING AREA ON PUBLIC PLACE\n7.1 Alfresco dining area on a public place without a permit\n(1) Without a permit, a person may establish an alfresco dining area on a public place only if—\n(a) the person is the proprietor of a registered food business; and\n(b) the alfresco dining area is placed directly outside the registered food business and otherwise\ncomplies with the requirements of subclause (2).\n(2) A person, when operating an alfresco dining area established under subclause (1), must—\n(a) ensure that there is a relevant current public liability insurance policy, in relation to all liability\narising from the use or occupation of the alfresco dining area, containing indemnity provisions\nnoting the interests of the local government, for an amount of not less than $10 million;\n(b) maintain a clear pedestrian access area of 2 metres in width adjacent to the building frontage,\nto provide for consistent unobstructed pedestrian access;\n(c) place the alfresco dining area directly outside of the registered food business conducting the\nalfresco dining;\n(d) maintain an area which is at least 0.5 metres in width adjacent to any kerb, free of alfresco\ndining furniture and structures;\n(e) ensure that the alfresco dining area is no closer at any point than 2 metres away from a\ntruncation, crossover or street corner;\n(f) provide for access to sufficient sanitary and ablutionary conveniences as specified in the\nBuilding Code of Australia;\n\n4 October 2021 GOVERNMENT GAZETTE, WA 4553\n(g) operate the alfresco dining area only during the operating hours of the food business; and\n(h) ensure that the alfresco dining area is kept in a clean and tidy condition, including by\nmaintaining the chairs, tables and other structures or equipment in the alfresco dining area in\na good, clean and serviceable condition at all times.\n7.2 No smoking areas\nIf an alfresco dining area is established under clause 7.1 or if a permit is granted under this local law\nin respect of an alfresco dining area—\n(a) the alfresco dining area is taken to be a no smoking area; and\n(b) a person must not smoke a tobacco product while in the alfresco dining area.\n7.3 Removal of an unlawful alfresco dining area\n(1) If an alfresco dining area is established or operated contrary to clause 7.1 or in contravention of the\nterms or conditions of a permit—\n(a) an authorised person may direct the proprietor or the permit holder (as the case may be) or any\nother person who appears to be involved in the operation of the alfresco dining area, to remove\nany tables, chairs, umbrellas or other structures or equipment; and\n(b) if a direction given under paragraph (a) is not complied with, or if it is not practicable to give a\ndirection under paragraph (a), any tables, chairs, umbrellas or other structures or equipment\nmay be removed by an authorised person and impounded in accordance with the Act.\n(2) A person who is given a direction under subclause (1) must comply with the direction.\nPART 8—PERMITS\nDivision 1—Applying for a permit\n8.1 Application for a permit\n(1) A person who is required to obtain a permit under this local law must apply for the permit in\naccordance with subclause (2).\n(2) An application for a permit under this local law must—\n(a) be in the form determined by the CEO;\n(b) state the full name and address of the applicant;\n(c) be signed by the applicant;\n(d) contain the information required by the form;\n(e) contain any other information required for that particular type of permit under this local law;\nand\n(f) be forwarded to the local government together with any fee imposed and determined by the\nlocal government under and in accordance with sections 6.16 to 6.19 of the Act.\n(3) Before determining an application for a permit, the CEO or an authorised person may require the\napplicant to provide additional information reasonably related to the application.\n(4) The CEO or an authorised person may require an applicant to give local public notice of the\napplication for a permit.\n(5) The CEO or an authorised person may refuse to consider an application for a permit which is not in\naccordance with subclause (2) or where the requirements of subclause (3) or (4) have not been satisfied.\n8.2 Matters to be considered in determining permit application for advertising sign\nIn determining an application for a permit for the purpose of clause 5.2, the local government is to have\nregard to—\n(a) any other written law regulating the erection or placement of advertising signs within the\ndistrict;\n(b) the dimensions of the advertising sign;\n(c) whether or not the advertising sign may create a hazard to persons using a thoroughfare;\n(d) other advertising signs already approved or erected in the vicinity of the proposed location of\nthe advertising sign;\n(e) the amount of the public liability insurance cover, if any, to be obtained by the applicant; and\n(f) any other matters it considers relevant.\n8.3 Decision on application for permit\n(1) The CEO or an authorised person, in respect of an application for a permit, may—\n(a) approve an application for a permit, unconditionally or subject to any conditions that the CEO\nor authorised person considers appropriate; or\n(b) refuse to approve an application for a permit.\n(2) If an application for a permit is granted, the CEO or an authorised person is to issue to the applicant\na permit in the form determined by the CEO.\n(3) If an application for a permit is refused, the CEO or an authorised person must give written notice\nof that refusal to the applicant.\n\n4554 GOVERNMENT GAZETTE, WA 4 October 2021\n(4) The CEO or an authorised person may, at any time, amend a condition of approval and the amended\ncondition takes effect when written notice of it is given to the applicant, or the date specified in the\nnotice, whichever is the later.\n(5) Where a clause of this local law refers to conditions which may be imposed on a permit, the clause\ndoes not limit the power of the CEO or authorised person to impose other conditions on the permit\nunder subclause (1)(a).\n8.4 General restrictions on grant of permit\n(1) The CEO or an authorised person must not grant a permit if there are reasonable grounds for\nbelieving that the provision of the activity to which the application relates would constitute an\nunacceptable risk to the safety of the public.\n(2) The CEO or an authorised person must not grant a permit unless the CEO or an authorised person\nis satisfied that—\n(a) the applicant is capable of carrying on the activity in accordance with this local law and the\nterms and conditions of the permit; and\n(b) the public place at which the activity is to be provided is suitable for that purpose.\n(3) The CEO or an authorised person must not grant a permit to an applicant if the applicant has been\nfound guilty of an offence under this local law unless the CEO or an authorised person is satisfied that\nthere are exceptional reasons for doing so.\n8.5 Compliance with a permit\nA permit holder must comply with the terms and conditions (if any) of the permit.\nDivision 2—Conditions\n8.6 Conditions which may be imposed on a permit\nThe CEO or an authorised person may approve an application for a permit subject to conditions relating\nto—\n(a) the payment of a fee;\n(b) the duration and commencement of the permit;\n(c) the commencement of the permit being contingent on the happening of an event;\n(d) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n(e) the approval of another application for a permit which may be required by the local government\nunder any written law;\n(f) the area of the district to which the permit applies;\n(g) where a permit is issued for an activity which will or may cause damage to a public place, the\npayment of a deposit or bond against such damage;\n(h) the obtaining of public risk insurance in an amount and on terms reasonably required by the\nlocal government; and\n(i) the provision of an indemnity from the permit holder indemnifying the local government in\nrespect of any injury to any person or any damage to any property which may occur in\nconnection with the use of the public place by the permit holder.\n8.7 Conditions of trading in public place\nIf the CEO or an authorised person approves an application for a permit to conduct trading in a public\nplace subject to conditions, 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 trading;\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 trading;\n(d) the goods or services in respect of which a permit holder may conduct a stall or trading;\n(e) the number of persons and the names of persons permitted to conduct a stall or trading;\n(f) the place of trading by the permit holder and the nomination of assistants, nominees or\nsubstitutes for the permit holder;\n(g) whether and under what terms the permit is transferable;\n(h) any prohibitions or restrictions concerning the—\n(i) causing or making of any noise or disturbance which is likely to be a nuisance to persons\nin the vicinity of the permit holder;\n(ii) the use of amplifiers, sound equipment and sound instruments;\n(iii) the use of signs; and\n(iv) the use of any lighting apparatus or device;\n(i) the manner in which the permit holder’s name and other details of a valid permit are to be\ndisplayed;\n(j) the care, maintenance and cleansing of any structure used for trading and the place of any\nstructure;\n(k) the vacating of the place of trading when trading is not being carried on;\n\n4 October 2021 GOVERNMENT GAZETTE, WA 4555\n(l) the acquisition of public risk insurance;\n(m) the period for which the permit is valid; and\n(n) the designation of any place or places where trading is wholly or from time to time prohibited\nby the local government.\n8.8 Conditions of advertising sign\nIf the CEO or an authorised person approves an application for a permit to erect an advertising sign in\na public place subject to conditions, those conditions may include—\n(a) the location, number, size, type, form or construction, of the advertising sign;\n(b) removal of the sign each day at the close of the business to which it relates and not be erected\nagain until the business next opens for trading;\n(c) securing the sign in position in accordance with any requirements of the local government;\n(d) placement of the sign so as not to obstruct or impede the reasonable use of a thoroughfare or\naccess to a place by any person; and\n(e) be maintained in good condition.\nDivision 3—General\n8.9 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 terms and conditions of the permit; or\n(b) cancelled under clause 8.12.\n8.10 Renewal of permit\n(1) A permit holder may apply to the CEO for the renewal of a permit.\n(2) An application for renewal must—\n(a) be in the form determined by the CEO;\n(b) be signed by the permit holder;\n(c) provide the information required by the form;\n(d) be forwarded to the CEO no later than 28 days before the expiry of the permit, or within a\nshorter period that the CEO in a particular case permits; and\n(e) be accompanied by any fee imposed by the local government under sections 6.16 to 6.19 of the\nAct.\n(3) The provisions of this Part that apply to an application for a permit also apply to an application for\nthe renewal of a permit as though it were an application for a permit.\n8.11 Transfer of permit\n(1) An application for the transfer of a valid permit is—\n(a) to be made in writing;\n(b) to be signed by the permit holder and the proposed transferee of the permit;\n(c) to include such information as the CEO or an authorised person may require to enable the\napplication to be determined; and\n(d) to be forwarded to the CEO together with any fee imposed by the local government under\nsections 6.16 to 6.19 of the Act.\n(2) The CEO or an authorised person may, in respect of an application for the transfer of a permit—\n(a) approve the application, unconditionally or subject to any conditions that the CEO or\nauthorised person considers appropriate; or\n(b) refuse the application.\n(3) If an application for the transfer of a permit is granted—\n(a) the transfer is to be effected by an endorsement on the permit signed by the CEO or an\nauthorised person;\n(b) the CEO or an authorised person is to give the applicant written notice of the decision to grant\nthe application, including a copy of any endorsement on the permit under paragraph (a); and\n(c) the local government is not required to refund any part of any fee paid by the former permit\nholder.\n(4) If an application for transfer of a permit is refused, the CEO or an authorised person must give the\napplicant written notice of the decision.\n8.12 Cancellation or suspension of permit\n(1) Subject to clause 9.1, a permit may be cancelled by the local government if—\n(a) the permit holder has not complied with a condition of the permit;\n(b) the permit holder has not complied with a provision of any written law which relates to the\nactivity regulated by the permit;\n(c) the permit holder has transferred or assigned, or sought to transfer or assign, the permit\nwithout the approval of the local government; or\n(d) a law is amended or repealed in a manner which is inconsistent with the terms and conditions\nof the permit and which renders the permit invalid, ineffective or contrary to law.\n\n4556 GOVERNMENT GAZETTE, WA 4 October 2021\n(2) The local government may cancel or suspend a permit if the local government or a utility requires\naccess to or near the place to which a permit applies for the purposes of carrying out works in or near\nthe vicinity of that place.\n(3) If a permit is cancelled under subclause (1) or subclause (2), the permit holder—\n(a) must return the permit to the local government as soon as practicable; and\n(b) subject to subclause (5), is taken to have forfeited any fees paid in respect of the permit.\n(4) If a permit is suspended under subclause (2), the permit holder is, subject to subclause (5), taken to\nhave forfeited any fees paid in respect of the permit.\n(5) If a permit is cancelled or suspended under subclause (2) through no fault of the permit holder, the\nlocal government may refund to the permit holder all or part of the fees paid in respect of what would\notherwise have been the remaining term of the permit.\n8.13 Nominee of permit holder\nIf a permit holder by reason of illness, accident or other sufficient cause is unable to comply with this\nlocal law, the local government may, at the request of the permit holder, authorise another person to\nbe a nominee of the permit holder for a specified period, and this local law and the conditions of the\npermit apply as if the nominee was the permit holder.\nPART 9—OBJECTIONS AND APPEALS\n9.1 Objection and appeal rights\nWhere the local government makes a decision—\n(a) to grant a person a permit or an approval; or\n(b) to renew, vary, transfer or cancel a permit or an approval that a person has under this local\nlaw,\nthe provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations apply to that\ndecision.\nPART 10—MISCELLANEOUS\n10.1 Disposal of lost property\nAn article left on any local government property, and not claimed within a period of 3 months, may be\ndisposed of by the local government in any manner it thinks fit.\nPART 11—ENFORCEMENT\nDivision 1—Notices\n11.1 Liability for damage to local government property or a public place\n(1) If a person unlawfully damages local government property or a public place, the local government\nmay, by notice in writing to the person, require the person within the time specified in the notice to, at\nthe option of the local government, pay the costs of—\n(a) reinstating the property to the state it was in prior to the occurrence of the damage; or\n(b) replacing that property.\n(2) If a person given a notice under subclause (1) fails to comply with the notice, the local government\nmay recover the costs referred to in the notice as a debt due to it.\n11.2 Notice to remove thing unlawfully placed on thoroughfare\nIf any thing is placed on a thoroughfare contrary to this local law, the local government may give a\nnotice to—\n(a) the owner or the occupier of the property which abuts that portion of the thoroughfare where\nthe thing has been placed; or\n(b) such other person who may be responsible for the thing being so placed,\nrequiring the relevant person to remove the thing.\n11.3 Notice to repair damage to thoroughfare\nIf a portion of a thoroughfare has been damaged, the local government or an authorised person may, by\nnotice to the person who caused the damage, require the person to repair or replace that portion of the\nthoroughfare.\n11.4 Local government may undertake requirements of a notice\nIf a person fails to comply with a notice given to him or her under this local law, the local government\nmay do, or arrange to be done, the thing specified in the notice and recover from the person to whom\nthe notice was given, as a debt, the costs incurred in doing so.\nDivision 2—Offences and penalties\n11.5 Offences\n(1) A person who—\n(a) fails to do anything required or directed to be done under this local law; or\n(b) fails to comply with a notice given to him or her under this local law; or\n(c) does an act or omits to do an act contrary to this local law,\ncommits an offence.\n\n4 October 2021 GOVERNMENT GAZETTE, WA 4557\n(2) A person who commits an offence under this local law is liable, on conviction to—\n(a) a penalty not exceeding $5,000; and\n(b) if the offence is a continuing offence, an additional penalty not exceeding $500 for each day or\npart of a day during which the offence has continued.\n11.6 Prescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section\n9.16 of the Act.\n(2) The amount appearing in the final column of Schedule 1 directly opposite a clause specified in that\nSchedule is the modified penalty for an offence against that clause.\n11.7 Form of notices\nFor the purposes of this local law—\n(a) the form of the infringement notice give under section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the Regulations; and\n(b) 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————\nPRESCRIBED OFFENCES\n[Clause 11.6]\nItem\nNo.\nClause No. Nature of Offence Modified\nPenalty\n1 2.1(1)(b)\nErecting a structure for public amusement etc. on local\ngovernment property without a permit. $250\n2 2.1(1)(c)\nErecting a building on local government property without a\npermit $250\n3 2.1(1)(d)\nMaking an excavation on, erecting a fence or removing a fence\non local government property without a permit $250\n4 2.1(1)(e)\nDepositing or storing any thing on local government property\nwithout a permit $250\n5 2.1(1)(f)\nCamping on or lodging at local government property for the\npurpose of sleeping on local government property without a\npermit\n$250\n6 2.1(1)(g)\nTeaching, coaching or training a person, animal or dog for\nprofit in or on local government property without a permit $250\n7 2.1(1)(h)\nConducting a function or undertaking a promotional activity\non local government property without a permit $250\n8 2.1(1)(i) Lighting a fire on local government property without a permit $250\n9 2.1(1)(j)\nCarry on any trading on local government property without\nconsent or permit $250\n10 2.1(1)(k)(i)\nDrive or ride or take any vehicle on to local government\nproperty without a permit $250\n11 2.1(1)(k)(ii)\nPark or stop any vehicle on local government property without\na permit $250\n12 2.1(1)(l)\nAdvertise anything by any means on local government property\nwithout permit $250\n13 3.1\nBehaviour on local government property which interferes with\nothers $250\n14 3.2\nBehaviour on local government property detrimental to\nproperty $250\n15 3.3 Taking or injuring fauna on local government property $250\n16 3.4(2)\nSmoking within a 10 metre radius of an entrance, exit or\naperture of premises on local government property $250\n17 3.5 Unauthorised entry to local government property $250\n18 3.8(2)\nFailure to comply with a sign on local government property\nregarding conditions of use $250\n19 4.1(a)\nDamaging a lawn or garden or removing any plant or part of a\nplant on or in a public place $250\n20 4.1(b) Repairing or servicing a vehicle on a verge $250\n21 4.1(c)\nPlacing, allowing to be placed or allowing to remain on a\nthoroughfare or verge a hazardous thing $250\n22 4.1(d) Creating a nuisance on a public place $250\n\n4558 GOVERNMENT GAZETTE, WA 4 October 2021\nItem\nNo.\nClause No. Nature of Offence Modified\nPenalty\n23 4.2(1)(a)\nDigging or creating a trench through or under a kerb or\nfootpath without a permit $250\n24 4.2(1)(b) Damaging or removing a street tree without a permit $300\n25 4.2(1)(c)\nThrowing, placing or depositing any thing on a verge without a\npermit $250\n26 4.2(1)(d)\nDamaging, removing or interfering with a thoroughfare, kerb,\npath or structure or sign erected on a thoroughfare without a\npermit\n$250\n27 4.2(1)(e)(i)\nLaying pipes under or providing taps on any verge without a\npermit $250\n28 4.2(1)(e)(ii)\nPlacing or installing prohibited materials on a thoroughfare\nwithout a permit $250\n29 4.2(1)(f)\nDrive a vehicle or permit a vehicle to be driven across a kerb or\npath causing or likely to cause damage $250\n30 4.2(1)(g) Carry on trading in a public place without permit $250\n31 4.2(1)(h) Establish an alfresco dining area without permit $250\n32 4.3(1) Failure to obtain a permit for a temporary vehicle crossing. $250\n33 4.5(4)\nInstalling a verge treatment other than a permissible verge\ntreatment $250\n34 4.6(1)(a)\nFailure to keep permissible verge treatment in a good and tidy\ncondition and path and carriageway not obstructed. $250\n35 4.6(1)(b) Failure to ensure that clear sight visibility is maintained $250\n36 4.6(1)(c) Placing an obstruction on or around a verge treatment $250\n37 4.6(1)(d)\nFailure to ensure verge treatment does not damage or obstruct\na drain, manhole, galley, inspection pit, channel, kerb or tree $250\n38 4.10(1) Failure to properly display and maintain street number $100\n39 5.1 Erecting or placing of advertising sign in a prohibited area $250\n40 5.2(2)\nPlacing advertising sign or affixing any advertisement on a\nthoroughfare without a permit $250\n41 6.1\nLeaving or discarding a shopping trolley in a public place other\nthan an area set aside for shopping trolleys $250\n42 6.2(4) Failing to remove shopping trolley in the specified period $250\n43 7.2(b) Smoking tobacco product in alfresco dining area $250\n44 7.3(2)\nFailure to comply with direction of authorised person to remove\ntables, chairs and other equipment from alfresco dining area $250\n45 8.5 Failure to comply with terms and conditions of a permit $250\n46 11.5(1)(b) Failure to comply with a notice $300\n————\n\n4 October 2021 GOVERNMENT GAZETTE, WA 4559\nRESTRICTED AREA\n[Clause 6.2(2)]\n————\nDated this 24th of September 2021.\nThe Common Seal of the City of Canning was affixed by authority of a resolution of the Council in the\npresence of—\nPATRICK HALL, Mayor.\nSTEPHEN CAIN, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation consolidates and replaces multiple older local laws (City of Canning Health Local-laws 1998 and Consolidated Local Laws 2000). While the core subjects (animals, nuisances, public places) remain similar to traditional local government functions, the scope has been modernised and expanded to include specific contemporary issues like alfresco dining regulations, shopping trolley management, and detailed stormwater containment requirements. The structure suggests a consolidation rather than radical expansion, but the inclusion of specific modern amenities (alfresco dining with insurance requirements) and environmental controls (dust/liquid waste containment) reflects an evolution beyond simple 'health and nuisance' origins."},"complexity_factors":["Two distinct local laws combined in one document (Animals/Nuisance/Environment and Property/Public Places), each with separate Parts, Divisions, and Schedules","Extensive cross-referencing to the Local Government Act 1995 (LG Act), Planning and Development Act 2005, Building Act 2011, Food Act 2008, and various regulations","Multiple exemption and approval mechanisms with detailed application requirements (e.g., clauses 2.9, 4.1(4), 3.3, 8.1)","Numerous defined terms (approximately 40-50 across both laws) including technical definitions like 'density code', 'miniature pig', 'liquid waste', 'thoroughfare', 'verge'","Geographic zoning dependencies (rural zone, rural residential zone, residential zone R2.5) requiring knowledge of local planning schemes","Nested conditions and exceptions (e.g., burning prohibitions with multiple exceptions for rural land, BBQs, and approved exemptions)","Specific measurement requirements throughout (distances in metres for animal enclosures, bee hives, signage clearances, verge treatments)","Transitional provisions preserving rights under repealed laws (clauses 1.7, 3.9, 4.8)","Detailed procedural requirements for permits including neighbour notification, submissions periods, and appeal rights","Prescribed offences schedule with 44 specific offences in the first law and 46 in the second, each with specific modified penalties"],"plain_english_summary":"Two City of Canning local laws: one regulates keeping animals, pests, nuisances, building sites and stormwater (affecting residents, owners, builders, beekeepers); the other governs use of council land and public places — permits, verge treatments, signage, shopping trolleys, alfresco dining and behaviour in parks (affecting users, businesses, event organisers and retailers).\n\nThey matter because they set permit rules, mandatory setbacks and maintenance, and enforcement tools (fines, notices, removal) to protect public health, safety and amenity."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Clause 1.4 expressly repeals multiple Parts of the City of Canning Health Local-laws 1998 and parts of the Consolidated Local Laws (see 1.4(1)(a)-(f) and 1.4(2)). The two new local laws consolidate and re‑allocate regulation across animals, nuisance/environment matters and local government property/public places, expanding and re‑specifying permissions, permit processes, exemptions and enforcement in place of the repealed provisions (see 1.4 and transitional clause 1.7)."},"complexity_factors":["Multiple interlocked permit and exemption regimes across animal, pest, burning and public-place rules (e.g. permits/exemptions: 2.3(4), 2.9, 3.3(2), 4.1(4), Part 8 of Local Government Property law).","Extensive cross-references to other legislation and standards (LG Act provisions and Regulations, Building Act, Planning and Development Act, Biosecurity regs): see 1.5(5), defined terms and registration requirements (3.3(6)(d)).","Many quantified spatial and numeric standards that create bright‑line compliance thresholds (e.g. distances and counts: 2.2(2), 2.6(b)-(d), 2.7(b), 3.3(6)(b)-(c)).","Broad discretionary powers vested in the CEO and authorised officers to grant, condition, refuse or cancel permits and exemptions (e.g. 2.3(4), 2.9(6), 3.3(2), 8.3(1), 8.12).","Layered enforcement regime combining infringement notices, prescribed modified penalties (Schedules), notices requiring remedial work and power for the local government to undertake works and recover costs (6.1, 6.2, 11.4, Schedules; cf. 7.1).","Joint and several duties placed on owners and occupiers to prevent prohibited acts and maintain premises (1.5(3)-(4); various duty provisions e.g. 2.1, 5.2, 5.3).","Uniform low‑value modified penalties ($100–$300, commonly $250) across many contraventions alongside potential court penalties up to $5,000 and daily continuing penalties (7.1, Schedules).","Transitional and repeal mechanics that substitute these instruments for multiple prior local law parts, potentially changing administrative processes and outstanding approvals (1.4, 1.7)."],"plain_english_summary":"These City of Canning local laws replace earlier health and consolidated local laws and set district-wide rules for animal keeping, pest control, nuisances, building-site refuse, stormwater, and use of local government property and public places. They prescribe when permits or approvals are required, numerical standards (distances, counts), exemptions, enforcement powers for authorised officers and fixed modified penalties.\n\nThe rules affect residents, owners/occupiers, builders, retailers, beekeepers and anyone hiring or using public land because they change who decides, who pays, and what compliance steps are required."}},"importantCases":[],"_links":{"self":"/api/acts/animals-nuisance-and-environment-local-law-2021","history":"/api/acts/animals-nuisance-and-environment-local-law-2021/history","analysis":"/api/acts/animals-nuisance-and-environment-local-law-2021/analysis","conflicts":"/api/acts/animals-nuisance-and-environment-local-law-2021/conflicts","importantCases":"/api/acts/animals-nuisance-and-environment-local-law-2021/important-cases","documents":"/api/acts/animals-nuisance-and-environment-local-law-2021/documents"}}