{"id":"wa-local:menzies-shire-of-bush-fire-brigades-amendment-local-law","name":"Bush Fire Brigades Amendment Local Law","slug":"bush-fire-brigades-amendment-local-law","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438476,"registerId":"wa-local:menzies-shire-of-bush-fire-brigades-amendment-local-law-pdf-1775954890904","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"16","sectionType":"section","heading":"February 2022 GOVERNMENT GAZETTE, WA 335","content":"16 February 2022 GOVERNMENT GAZETTE, WA 335\nPUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY LOCAL LAW 2022\nCONTENTS\nPRELIMINARY\n1.4 Repeal\n1.5 Transitional provisions\n1.6 Definitions\n1.7 Interpretation\n1.8 Assistance animals\n1.9 Overriding power to hire and agree\nDETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\n2.1 Determinations as to use of local government property\n2.2 Procedure for making a determination\n2.3 Discretion to erect sign\n2.4 Determination to be complied with\n2.5 Register of determinations\n2.6 Amendment or revocation of a determination\n2.7 Activities which may be pursued on specified local government property\n2.8 Activities which may be prohibited on specified local government property\n2.9 Sign under repealed local law taken to be determination\nACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING A LICENCE\n3.1 Activities requiring a licence\n3.2 Licence to erect structures or camp\n3.3 Licence required for possession and consumption of liquor\nBEHAVIOUR ON LOCAL GOVERNMENT PROPERTY\n4.1 Application\n4.2 Restricted local government property\n4.3 Behaviour which interferes with others\n4.4 Behaviour detrimental to property\n4.5 No unauthorised entry to function\n4.6 Taking or injuring fauna\n4.7 Flora\n4.8 Animals\n4.9 Waste\n4.10 Vehicles on local government property\n4.11 UAVs\n4.12 Archery, pistol or rifle shooting\n4.13 Playing or practising golf\n4.14 Prohibition relating to bicycles, skateboards etc. on local government property\nMATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY\n5.1 No entry to fenced, closed or restricted local government property\n5.2 Only specified gender to use entry of toilet block or change room\n5.3 Use of shower or bath facilities\n\n","sortOrder":0},{"sectionNumber":"336","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"336 GOVERNMENT GAZETTE, WA 16 February 2022\nACTIVITIES IN THOROUGHFARES\n6.1 General prohibitions\n6.2 Activities allowed with a licence\n6.3 Assignment of numbers\n6.4 No driving on closed thoroughfare\n6.5 Fencing of public place—Item 4(1) of Division 1, Schedule 3.1 of Act\n","sortOrder":1},{"sectionNumber":"Div 2","sectionType":"division","heading":"Permitted verge treatments","content":"Division 2—Permitted verge treatments\n6.6 Application\n6.7 Permitted verge treatments\n6.8 Obligations of owner or occupier\n6.9 Transitional provision\n6.10 Power to carry out public works on verge\n","sortOrder":2},{"sectionNumber":"Div 3","sectionType":"division","heading":"Vehicle crossovers","content":"Division 3—Vehicle crossovers\n6.11 Temporary crossovers\n6.12 Removal of redundant crossover\n6.13 Crossovers in unsafe locations\nACTIVITIES IN PUBLIC PLACES\n7.1 Leaving animal or vehicle in public place\n7.2 Prohibitions relating to animals\nTEMPORARY SIGNS\n8.1 Definitions\n8.2 Application\n8.3 Temporary signs\n8.4 Matters to be considered in determining application for licence\n8.5 Conditions for temporary signs\n8.6 Prohibition on placement of temporary signs\n8.7 Additional conditions for advertising signs\n8.8 Additional conditions for event signs\n8.9 Additional conditions for election signs\n8.10 Removal of temporary signs\nSIGNS AND POWERS TO GIVE DIRECTIONS\n9.1 Signs installed by the local government\n9.2 Transitional provision\n9.3 Authorised person to be obeyed\n9.4 Refusal of entry and removal\n9.5 Disposal of lost property\nLICENCES\n10.1 Application for licence\n10.2 Decision on application for licence\n10.3 General restrictions on grant of licence\n10.4 Amendment of licence\n10.5 False or misleading statement\nDivision 2—Conditions of licences\n10.6 Examples of conditions\n10.7 Imposing conditions under a policy\n10.8 Compliance with conditions\nDivision 3—Duration of licences\n10.9 Duration of licence\n10.10 Renewal of licence\n10.11 Transfer of licence\n10.12 Suspension of licence\n10.13 Proposed suspension\n\n16 February 2022 GOVERNMENT GAZETTE, WA 337\n10.14 Revocation of suspension\n10.15 Period of suspension\n10.16 Cancellation of licence\n10.17 Surrender of licence\n","sortOrder":3},{"sectionNumber":"Div 4","sectionType":"division","heading":"Responsibilities of licence holders and others","content":"Division 4—Responsibilities of licence holders and others\n10.18 Production of licence\n10.19 Production of licence document for amendment\n10.20 Return of licence document if licence no longer in effect\n10.21 Other responsibilities of licence holder\n10.22 Advertising\nNOTICES\n11.1 Notice to remedy non-compliance\n11.2 Notice regarding damage\n11.3 Notice requirements\n11.4 Offence to fail to comply with notice\n11.5 Local government may undertake requirements of notice\nOBJECTIONS AND REVIEW\n12.1 Objection and review rights\nOFFENCES AND PENALTIES\n13.1 Offences and general penalty\n13.2 Prescribed offences\n13.3 Form of notices\n13.4 Evidence of a determination\n","sortOrder":4},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"PRESCRIBED OFFENCES","content":"SCHEDULE 1—PRESCRIBED OFFENCES\n\n","sortOrder":5},{"sectionNumber":"338","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"338 GOVERNMENT GAZETTE, WA 16 February 2022\nPUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY LOCAL LAW 2022\nUnder the powers conferred by the Local Government Act 1995 and under all other relevant powers,\nthe Council of the Shire of Menzies resolved on 27 January 2022 to adopt the following local law.\nPRELIMINARY\nThis local law may be cited as the Shire of Menzies Public Places and Local Government Property Local\nLaw 2022.\nThe local law comes into operation 14 days after the date of its publication in the Government Gazette.\nThis local law applies throughout the district.\n1.4 Repeal\nThe Shire of Menzies Activities in Thoroughfares and Public Places Local Law 2007 is repealed.\n1.5 Transitional provisions\n(1) An application for, or the renewal of a licence, permit or other authorisation made under a repealed\nlocal law that has not been finally determined before the commencement day is to be dealt with and\ndetermined as if it were an application under this local law.\n(2) A licence, permit or other authorisation under a repealed local law that is in force before the\ncommencement day is to be regarded on and after that day as a licence under this local law and may\nbe dealt with accordingly.\n1.6 Definitions\n(1) In this local law—\nAct means the Local Government Act 1995;\napplicant means a person who applies for a licence;\napplication means an application for a licence;\nauthorised person means a person appointed by the local government under section 9.10 of the\nAct to perform any of the functions of an authorised person under this local law;\nbuilding means any building or structure which is local government property and includes any—\n(a) hall or room; and\n(b) corridor, stairway or annexe of any hall or room; and\n(c) the immediate environs of the building if the context requires, but does not include an open\nspace, a carpark or a similar.\nbuilding permit means a permit granted under section 20 of the Building Act 2011;\nbulk rubbish container means a bin or container designed or used for holding a substantial\nquantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does\nnot include a bin or container used in connection with the local government’s regular domestic\nrubbish collection service;\ncarriageway has the meaning given to it in the Road Traffic Code 2000;\nCEO means the Chief Executive Officer of the local government;\nchildren’s playground means an area set aside for use by children and noted by the presence of\nany of the following—\n(a) dedicated children’s playground equipment;\n(b) the presence of either sand or other form of soft fall surface; or\n(c) a sign indicating the area is a children’s playground;\nclosed thoroughfare means a thoroughfare wholly or partially closed under section 3.50 or 3.50A\nof the Act;\ncommencement day means the day on which this local law comes into operation;\ncosts means all expenses directly associated with reinstatement or replacement, and includes\nadministrative expenses associated with reinstatement or replacement;\nCouncil means the council of the local government;\n\n16 February 2022 GOVERNMENT GAZETTE, WA 339\ncrossover means a crossing giving access from a public thoroughfare to—\n(a) private land; or\n(b) a private thoroughfare serving private land;\ndetermination means a determination made under clause 2.1;\ndistrict means the district of the local government;\nentertainment means—\n(a) the action of providing or being provided with amusement or enjoyment; or\n(b) an event, performance, or activity designed to entertain others;\nfirearm has the same meaning as in section 4 of the Firearms Act 1973;\nfootpath has the meaning given to it in the Road Traffic Code 2000;\nfunction means an event or activity characterised by all or any of the following—\n(a) formal organisation and preparation;\n(b) its occurrence is generally advertised or notified in writing to particular persons;\n(c) organisation by or on behalf of a club;\n(d) payment of a fee to attend it; and\n(e) systematic recurrence in relation to the day, time and place;\ngarden means any part of a thoroughfare planted, developed or treated, otherwise than as a lawn,\nwith one or more plants;\nhire includes offer to hire and expose for hire;\nintersection has the meaning given to it in the Road Traffic Code 2000;\nkerb includes the edge of a carriageway;\nlawn means any part of a thoroughfare which is planted only with grass, or with a similar plant,\nbut will include any other plant provided that it has been planted by the local government;\nlicence means a licence, permit or approval issued under this local law;\nlicence document means a licence document issued under this local law;\nlicensed premises has the same meaning as is given to it in section 3 of the Liquor Control Act;\nlicence holder means a person who holds a licence;\nliquor has the meaning given to it in section 3 of the Liquor Control Act;\nLiquor Control Act means the Liquor Control Act 1988;\nlocal government means the Shire of Menzies;\nlocal government property means anything except a thoroughfare—\n(a) which belongs to or is leased by the local government;\n(b) of which the local government is the management body under the Land Administration\nAct 1997; or\n(c) which is an otherwise unvested facility within section 3.53 of the Act;\nlocal public notice has the meaning given to it in section 1.7 of the Act;\nlot has the meaning given to it in the Planning and Development Act 2005;\nmarket means a collection of stalls, stands or displays erected for the purpose of selling or hiring\ngoods or services or carrying out any other transaction;\nmissile has the same meaning as in section 4 of the Firearms Act 1973;\nnuisance means any activity, thing, condition, circumstance or state of affairs caused or\ncontributed to by a person which—\n(a) is injurious or dangerous to the health or safety of another person of normal susceptibility;\nor\n(b) which has a disturbing effect on the state of reasonable physical, mental or social well being\nof another person;\nowner or occupier, in relation to land, does not include the local government;\npermitted verge treatment means any one of the treatments described in clause 6.7(3), and\nincludes any reticulation pipes and sprinklers;\nperson does not include the local government;\npublic place means—\n(a) a thoroughfare;\n(b) any local government property; or\n(c) a place to which the public have access;\nrepealed local law means a local law repealed under clause 1.4;\nrestricted local government property means local government property which by its nature or\nby sign erected by the local government property does not have public access, and includes—\n(a) a building used as a residence and the whole of the land on which it is situated;\n(b) a non-residential building occupied under an agreement with the local government and the\nwhole of the land on which it is situated;\n\n","sortOrder":6},{"sectionNumber":"340","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"340 GOVERNMENT GAZETTE, WA 16 February 2022\n(c) land occupied under an agreement with the local government; and\n(d) buildings or land restricted by the local government for municipal purposes to ensure\npublic safety, or for community interest or benefit;\nSchedule means a schedule to this local law;\nsell includes—\n(a) offer or attempt to sell;\n(b) display for sale;\n(c) send, forward or deliver for sale or on sale;\n(d) barter or exchange;\n(e) dispose, by lot or chance or by auction;\n(f) supply, or offer, agree or attempt to supply—\n(i) in circumstances which the supplier derives or would be likely to derive a direct or\nindirect pecuniary benefit; or\n(ii) gratuitously, but with a view to gaining or maintaining custom or other commercial\nadvantage; or\n(g) authorise, direct, cause or permit to be done any act referred to in this definition;\nset fee refers to fees and charges imposed and determined by the local government under and in\naccordance with sections 6.16 to 6.19 of the Act;\nsign includes a notice, flag, mark, structure or device approved by the local government on which\nmay be shown words, numbers, expressions or symbols;\nstall means a movable or temporarily fixed structure, stand or table in, on or from which goods or\nservices are sold and includes a vehicle;\nstreet tree means any tree planted or self sown in a thoroughfare, of an appropriate species and in\nan appropriate location, for the purposes of contributing to the appearance of the thoroughfare;\nthoroughfare has the meaning given to it by the Act;\ntownsite means the townsites of Menzies and Kookynie, which are—\n(a) constituted under section 26(2) of the Land Administration Act 1997; or\n(b) referred to in clause 37 of Schedule 9.3 of the Act;\ntrading means selling or hiring goods or services and includes the setting up of a stall and\nconducting business at a stall;\nUAV means unmanned aircraft, other than a balloon or kite;\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels, tracks\nor otherwise; and\n(b) where the context permits, 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 footpath;\nand\n(d) a pram, stroller or similar device;\nverge means that part of a thoroughfare between the carriageway and the land which abuts the\nthoroughfare, but does not include any footpath; and\nwaste includes matter—\n(a) whether liquid, solid, gaseous or radioactive and whether useful or useless, which is\ndischarged into the environment; or\n(b) prescribed by regulations under the Waste Avoidance and Resource Recovery Act 2007 to\nbe waste.\n1.7 Interpretation\nIn this local law, a reference to local government property includes a reference to any part of local\ngovernment property.\n1.8 Assistance animals\nThis local law is subject to any written law and any law of the Commonwealth about assistance animals\nas defined in section 9(2) of the Disability Discrimination Act 1992 (Commonwealth).\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.\n\n16 February 2022 GOVERNMENT GAZETTE, WA 341\nDETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\n2.1 Determinations as to use of local government property\nThe Council may make a determination in accordance with clause 2.2—\n(a) setting aside specified local government property for the pursuit of all or any of the activities\nreferred to in clause 2.7;\n(b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on\nspecified local government property;\n(c) as to the matters in clauses 2.7(2) and 2.8(2); and\n(d) as to any matter ancillary or necessary to give effect to a determination.\n2.2 Procedure for making a determination\n(1) The local government is to give local public notice of the intention to make a determination.\n(2) The local public notice referred to in subclause (1) is to state that—\n(a) the Council intends to make a determination, the purpose and effect of which is summarised\nin the notice;\n(b) a copy of the proposed determination may be inspected and obtained from the offices of the local\ngovernment; and\n(c) submissions in writing about the proposed determination may be lodged with the local\ngovernment within 21 days after the date of publication.\n(3) If no submissions are received in accordance with subclause (2)(c), the Council is to decide to—\n(a) give local public notice that the proposed determination has effect as a determination on and\nfrom the date of publication;\n(b) amend the proposed determination, in which case subclause (5) is to apply; or\n(c) not continue with the proposed determination.\n(4) If submissions are received in accordance with subclause (2)(c), the Council is to—\n(a) consider those submissions; and\n(b) decide—\n(i) whether or not to amend the proposed determination; or\n(ii) whether or not to continue with the proposed determination.\n(5) If the Council decides to amend the proposed determination, local public notice is to be given—\n(a) of the effect of the amendments; and\n(b) that the proposed determination has effect as a determination on and from the date of\npublication.\n(6) If the Council decides not to amend the proposed determination, local public notice is to be given\nthat the proposed determination has effect as a determination on and from the date of publication.\n(7) A proposed determination is to have effect as a determination on and from the date of publication of\nthe local public notice referred to in subclauses (3), (5) and (6).\n(8) A decision made under (3) or (4) is not to be delegated by Council.\n2.3 Discretion to erect sign\nThe local government may erect a sign on local government property to give notice of the effect of a\ndetermination which applies to that property.\n2.4 Determination to be complied with\nA person shall comply with a determination.\n2.5 Register of determinations\n(1) The local government is to keep a register of determinations made under clause 2.1, and of any\namendments to or revocations of determinations made under clause 2.6.\n(2) Sections 5.94 and 5.95 of the Act apply to the register referred to in subclause (1) and for that\npurpose the register is to be taken to be information within section 5.94(u)(i) of the Act.\n2.6 Amendment or revocation of a determination\n(1) The Council may amend or revoke a determination.\n(2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment\nwere a proposed determination.\n(3) If the Council revokes a determination local public notice is to be given of the revocation and the\ndetermination is to cease to have effect on the date of publication.\n2.7 Activities which may be pursued on specified local government property\n(1) A determination may provide that specified local government property is set aside as an area on\nwhich a person may—\n(a) take, ride or drive a vehicle, or a particular class of vehicle;\n(b) use a UAV;\n\n","sortOrder":7},{"sectionNumber":"342","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"342 GOVERNMENT GAZETTE, WA 16 February 2022\n(c) use a children’s playground provided that the person is under an age specified in the\ndetermination, but the determination is not to apply to a person having the charge of a person\nunder the specified age;\n(d) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or not\nin specified areas of that local government property;\n(e) play or practise—\n(i) golf or archery;\n(ii) pistol or rifle shooting, but subject to the compliance of that person with the Firearms\nAct 1973; or\n(iii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\nproperty; and\n(f) ride a bicycle, a skateboard, rollerblades, a sandboard or a similar device.\n(2) A determination may specify the extent to which and the manner in which an activity referred to in\nsubclause (1) may be pursued and in particular—\n(a) the days and times during which the activity may be pursued;\n(b) that an activity may be pursued on a class of local government property, specified local\ngovernment property or all local government property;\n(c) that an activity is to be taken to be prohibited on all local government property other than that\nspecified in the determination;\n(d) may limit the activity to a class of vehicles, equipment or things, or may extend it to all vehicles,\nequipment or things;\n(e) may specify that the activity can be pursued by a class of persons or all persons; and\n(f) may distinguish between different classes of the activity.\n2.8 Activities which may be prohibited on specified local government property\n(1) A determination may provide that a person is prohibited from pursuing all or any of the following\nactivities on specified local government property—\n(a) riding a bicycle, a skateboard, rollerblades, a sandboard or a similar device;\n(b) taking, riding or driving a vehicle on the property or a particular class of vehicle;\n(c) riding or driving a vehicle of a particular class or any vehicle above a specified speed;\n(d) the playing or practice of—\n(i) golf, archery, pistol shooting or rifle shooting; or\n(ii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\nproperty;\n(e) the playing or practice of any ball game which may cause detriment to the property or any\nfauna on the property; and\n(f) the traversing of land which in the opinion of the local government has environmental value\nwarranting such protection, either absolutely or except by paths provided for that purpose.\n(2) A determination may specify the extent to which and the manner in which a person is prohibited\nfrom pursuing an activity referred to in subclause (1) and, in particular—\n(a) the days and times during which the activity is prohibited;\n(b) that an activity is prohibited on a class of local government property, specified local government\nproperty or all local government property;\n(c) that an activity is prohibited in respect of a class of vehicles, equipment or things, or all\nvehicles, equipment or things;\n(d) that an activity is prohibited in respect of a class of persons or all persons; and\n(e) may distinguish between different classes of the activity.\n2.9 Sign under repealed local law taken to be determination\n(1) Where a sign erected on local government property has been erected under a repealed local law,\nthen it is to be taken to be and have effect as a determination on and from the commencement day,\nexcept to the extent that the sign is inconsistent with any provision of this local law or any\ndetermination made under clause 2.1.\n(2) Clause 2.5 does not apply to a sign referred to in subclause (1).\nACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING A LICENCE\n3.1 Activities requiring a licence\n(1) A person shall not without a licence—\n(a) subject to subclause (3) hire local government property;\n(b) advertise anything by any means on local government property;\n(c) erect, on local government property a structure for public amusement or for any performance,\nwhether for gain or otherwise;\n\n16 February 2022 GOVERNMENT GAZETTE, WA 343\n(d) teach, coach or train, for profit, any person in any facility which is local government property;\n(e) plant any plant or sow any seeds on local government property;\n(f) carry on any trading on local government property unless the trading is conducted—\n(i) with the consent of a person who holds a licence to conduct a function, and where the\ntrading is carried on under and in accordance with the licence; or\n(ii) by a person who has a licence or permit to carry on trading on local government property\n(g) conduct or set up a market on local government property or public place;\n(h) 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(i) conduct a function or entertainment event on local government property;\n(j) charge any person for entry to local government property, unless the charge is for entry to land\nor a building hired by a voluntary non-profit organisation;\n(k) light a fire on local government property except in a facility provided for that purpose;\n(l) parachute, hang glide, abseil or base jump from or on to local government property;\n(m) erect a building or a refuelling site on local government property;\n(n) make any excavation on or erect or remove any fence on local government property;\n(o) erect or install any structure above or below ground, which is local government property, for\nthe purpose of supplying any water, power, sewer, communication, television or similar service\nto a person;\n(p) depasture any horse, sheep, cattle, goat, camel, ass or mule on local government property;\n(q) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly;\n(r) erect, install, operate or use any broadcasting, public address system, loudspeaker or other\ndevice for the amplification of sound on local government property;\n(s) conduct an entertainment event on local government property; or\n(t) film or make a recording as part of or for commercial gain on local government property.\n(2) The CEO or an authorised person may exempt a person from compliance with subclause (1) on the\napplication of that person.\n(3) The CEO or an authorised person may exempt specified local government property or a class of local\ngovernment property from the application of subclause (1)(a).\n3.2 Licence to erect structures or camp\ncamp unless the context requires otherwise has the same meaning as given to it in section 5 of the\nCaravan Parks and Camping Grounds Act 1995;\ncaravan has the same meaning as given to it in section 5 of the Caravan Parks and Camping\nGrounds Act 1995;\nfacility has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping\nGrounds Act 1995;\npark home has the same meaning as given to it in section 5 of the Caravan Parks and Camping\nGrounds Act 1995; and\nstructure includes a caravan, park home, or camp.\n(2) This clause does not apply to a caravan park or camping ground operated by the local government.\n(3) A person shall not without a licence—\n(a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local\ngovernment property;\n(b) erect any tent, camp, hut or similar structure on local government property other than a shade\nor windbreak erected for use during the hours of daylight and which is dismantled during those\nhours on the same day; or\n(c) park a vehicle on local government property, thoroughfare or public place for the purpose of\nsleeping in the vehicle.\n(4) The maximum period for which the local government may approve an application for a licence in\nrespect of paragraph (a) or (b) of subclause (2) is that provided in regulation 11(2)(a) of the Caravan\nParks and Camping Grounds Regulations 1997.\n3.3 Licence required for possession and consumption of liquor\n(1) A person shall not offer for sale, consume, have in her or his possession or under her or his control\non local government property, any liquor unless—\n(a) permitted under the Liquor Control Act; and\n(b) a licence has been obtained for that purpose from the local government.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\n\n","sortOrder":8},{"sectionNumber":"344","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"344 GOVERNMENT GAZETTE, WA 16 February 2022\nBEHAVIOUR ON LOCAL GOVERNMENT PROPERTY\n4.1 Application\nIn this Part—\nlocal government property includes any structure, facility or item constructed or owned by the\nlocal government which may be situated on land not under the local government’s\nmanagement.\n4.2 Restricted local government property\nNothing in this local law is to be construed as—\n(a) permitting access to or activities by the public on restricted local government property without\nthe express approval—\n(i) in the case of a building used as a residence and the whole of the land on which it is\nsituated, by the occupier or authorised representative of the occupier;\n(ii) in the case of a non-residential building occupied under an agreement with the local\ngovernment, the building and the whole of the land on which it is situated, by the person\noccupying the building;\n(iii) in the case of land occupied under an agreement with the local government, by the person\noccupying the land; and\n(iv) in the case of a building or land restricted by the local government for municipal purposes\nto ensure public safety, or for community interest or benefit, by the CEO or an authorised\nperson;\n(b) limiting—\n(i) the right of the occupier of restricted local government property to full use of that\nproperty for their private enjoyment as permitted by law or by agreement with the local\ngovernment; or\n(ii) access by emergency personnel in the course of her or his duties.\n4.3 Behaviour which interferes with others\nIn or on any local government property, a person shall not behave in a manner which—\n(a) is likely to interfere with the enjoyment of a person who might use or who might be on the\nproperty; or\n(b) interferes with the enjoyment of a person using the property.\n4.4 Behaviour detrimental to property\nA person shall not behave in or on local government property in a way which is or might be detrimental\nto the property, including but not limited to—\n(a) removing any thing from the local government property including a rock, a plant or a seat\nprovided for the use of any person; and\n(b) destroying, defacing or damaging any thing on the local government property, including a rock,\na plant, or a seat provided for the use of any person or a building.\n4.5 No unauthorised entry to function\n(1) A person shall not enter local government property on such days or during such times as the property\nis set aside for a function, except—\n(a) through the proper entrance for that purpose; and\n(b) on payment of any fee chargeable for admission as determined by the hirer at the time.\n(2) The CEO or an authorised person may exempt a person from compliance with subclause (1)(b).\n4.6 Taking or injuring fauna\nanimal means any living thing that is not a human being or plant;\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 member;\n(b) the eggs or larvae; or\n(c) the carcass, skin, plumage or fur unless it has been shed or discarded by the fauna in a\nnormal or natural manner.\n(2) A person shall 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.\n4.7 Flora\nflora means all vascular plants, seeds and other flora, whether living or dead.\n\n16 February 2022 GOVERNMENT GAZETTE, WA 345\n(2) On or above any local government property unless authorised to do so under a written law or with\nthe written approval of the CEO or an authorised person, a person shall not—\n(a) remove, damage or interfere with any flora; or\n(b) plant or deposit any flora.\n4.8 Animals\nUnless otherwise approved by the CEO, an authorised person or authorised by other written law, a\nperson shall not on any local government property—\n(a) tether any animal other than a dog, to an object or tree; or\n(b) permit any animal other than a dog, to enter unless authorised by a licence.\n4.9 Waste\nA person shall not deposit or discard waste on local government property except—\n(a) in a place or receptacle set aside by an authorised person for that purpose; and\n(b) in accordance with any conditions that may be specified on the receptacle or a sign.\n4.10 Vehicles on local government property\n(1) Unless authorised by a licence or determination, a person shall not take or cause a vehicle to be\ntaken onto or driven on local government property unless—\n(a) subject to subclause (3), the local government property is clearly designated as a road, access\nway, or car park;\n(b) the vehicle is driven by a local government employee, authorised person or contractor engaged\nby the local government, who is engaged in—\n(i) providing a service or making a delivery in connection with the local government\nproperty; or\n(ii) maintaining the local government property;\n(c) the person is driving an emergency vehicle in the course of her or his duties;\n(d) the vehicle is—\n(i) used in accordance with the conditions set down by the local government or an authorised\nperson; and\n(ii) of a type allowed to be taken onto the local government property by the local government\nor an authorised person; or\n(e) the vehicle is a motorised wheelchair or similar, and the driver of that vehicle is a person with\na disability.\n(2) A person shall not drive a vehicle or allow a vehicle to be driven on local government property at a\nspeed exceeding 20 kilometres per hour or as otherwise indicated by a sign, or in such a manner as to\ncause danger to any person.\n(3) Other than in accordance with subclause (1)(b), (c), (d) or (e), a person shall not drive a vehicle on\nlocal government property or part of it that is being used for a function for which a licence has been\nobtained unless permitted to do so by the licence holder or an authorised person.\n4.11 UAVs\nA person shall not use a UAV on or from local government property except where a licence or\ndetermination specifies a particular local government property.\n4.12 Archery, pistol or rifle shooting\nA person shall not play or practise archery, pistol or rifle shooting on local government property except\non land which is reserved by the local government for that purpose, or as otherwise provided by a\ndetermination or licence.\n4.13 Playing or practising golf\nA person shall not play or practise golf on local government property except where a licence or\ndetermination specifies a particular local government property.\n4.14 Prohibition relating to bicycles, skateboards etc. on local government property\nUnless the local government property is clearly identified for the purpose, a person shall not use or ride\na bicycle or wheeled recreational device, skateboard or roller-blades, or sand board or similar devices\non any local government property—\n(a) inside, or on the curtilage to, a building; or\n(b) in or on a lakebed or waterway.\nMATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY\n5.1 No entry to fenced, closed or restricted local government property\n(1) Unless that person is authorised to do so by the CEO or an authorised person, a person shall not\nenter onto—\n(a) local government property which has been fenced off or closed to the public by a sign or\notherwise, or\n(b) restricted local government property except in accordance with clause 4.2.\n\n","sortOrder":9},{"sectionNumber":"346","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"346 GOVERNMENT GAZETTE, WA 16 February 2022\n(2) Nothing in this local law is to be construed as preventing the access necessary by persons empowered\nto do so under a written law.\n5.2 Only specified gender to use entry of toilet block or change room\n(1) Where a sign on a toilet block or change room specifies that a particular entry of the toilet block or\nchange room is to be used by—\n(a) females—then a person of the male gender shall not use that entry of the toilet block or change\nroom;\n(b) males—then a person of the female gender shall not use that entry of the toilet block or change\nroom; or\n(c) families—then, where the toilet block or change room is being used by a family, only an\nimmediate member of that family may use that entry of the toilet block or change room.\n(2) Subclause (1)(a) and (b) does not apply to a child, when accompanied by a parent, guardian or\ncaregiver, where the child is—\n(a) under the age of 8 years; or\n(b) otherwise permitted by an authorised person to use the relevant entry.\n5.3 Use of shower or bath facilities\nA person may use a shower or bath facility in change rooms only on conditions that—\n(a) the facilities shall be used by the person only for the purpose of cleansing, bathing and washing\nthemselves; and\n(b) the facilities shall not be used for the purpose of laundering of clothing or washing of other\narticles.\nACTIVITIES IN THOROUGHFARES\n6.1 General prohibitions\nA person shall not—\n(a) plant, or allow to remain, in a thoroughfare a plant that is or may become an obstruction to a\nreasonable sight line for a driver of any vehicle negotiating or using the thoroughfare;\n(b) damage a lawn or a garden, or remove any plant or part of a plant from a lawn or a garden, in\na thoroughfare unless—\n(i) the person is the owner or the occupier of the lot abutting that portion of the thoroughfare\nand the lawn or the garden or the particular plant has not been installed or planted by\nthe local government; or\n(ii) the person is acting under the authority of a written law;\n(c) damage, or remove a street tree, or part of a street tree, irrespective of whether it was planted\nby the owner or occupier of the lot abutting the thoroughfare or by the local government,\nunless—\n(i) the damage to, or removal of, the street tree is authorised by an authorised person in\nwriting; or\n(ii) the person is acting under authority of written law;\n(d) except as permitted by this local law place, or allow to be planted, placed or remain, on a\nthoroughfare any thing (except water) that—\n(i) obstructs the thoroughfare; or\n(ii) results in a hazard for any person using the thoroughfare;\n(e) unless at the direction of an authorised person, damage, remove or interfere with any part of a\nthoroughfare, or any structure erected on a thoroughfare, by the local government or a person\nacting under the authority of a written law; or\n(f) play or participate in any game or sport so as to cause danger to any person or thing or\nunreasonably impede the movement of vehicles or persons on a thoroughfare.\n6.2 Activities allowed with a licence\n(1) A person shall not without a licence—\n(a) dig or otherwise create a trench through or under a kerb or footpath;\n(b) throw, place or deposit any thing on a verge except for removal by the local government under\na bulk rubbish collection, and then only in accordance with the terms and conditions and during\nthe period of time advertised in connection with that collection by the local government;\n(c) cause any obstruction to a vehicle or a person using a thoroughfare;\n(d) cause any obstruction to a water channel or a water course in a thoroughfare;\n(e) throw, place or drain offensive, noxious or dangerous fluid onto a thoroughfare;\n(f) damage a thoroughfare;\n(g) fell or damage any street tree;\n(h) fell any tree onto a thoroughfare;\n\n16 February 2022 GOVERNMENT GAZETTE, WA 347\n(i) light any fire or burn any thing on a thoroughfare other than in a stove or fireplace provided\nfor that purpose;\n(j) unless installing, or in order to maintain, a permitted verge treatment—\n(i) lay pipes under or provide taps on any verge; or\n(ii) place or install, on any part of a thoroughfare, any thing such as gravel, stone, flagstone,\ncement, concrete slabs, blocks, bricks, pebbles, plastic sheeting, kerbing, wood chips, bark\nor sawdust;\n(k) provide, erect, install or use in or on any building, structure or land abutting on a thoroughfare\nany hoist or other thing for use over the thoroughfare;\n(l) on a thoroughfare use anything or do anything so as to create a nuisance;\n(m) place or cause to be placed on a thoroughfare a bulk rubbish container;\n(n) interfere with the soil of, or anything in, a thoroughfare or take anything from a thoroughfare;\n(o) conduct or carry on any trading on a thoroughfare;\n(p) conduct, carry on or set up a market on a thoroughfare; or\n(q) conduct or carry on an entertainment event on a thoroughfare.\n(2) An authorised person may exempt a person from compliance with subclause (1) on the application\nof that person.\n6.3 Assignment of numbers\nnumber means a number with or without an alphabetical suffix indicating the street address of\nland as assigned by the local government from time to time, in accordance with this local law.\n(2) The CEO or an authorised person may assign a number to a lot in the district and may assign\nanother number to the lot instead of that previously assigned.\n6.4 No driving on closed thoroughfare\nA person shall not drive or take a vehicle on a thoroughfare wholly or partially closed under section\n3.50 or 3.50A of the Act unless—\n(a) it is in accordance with any limit or exception specified in the order made under section 3.50 of\nthe Act; or\n(b) the person has first obtained a licence.\n6.5 Fencing of public place—Item 4(1) of Division 1, Schedule 3.1 of Act\nA public place, as that term is defined in clause 1.6, is specified as a public place for the purpose of item\n4(1) of Division 1 of Schedule 3.1 of the Act.\nDivision 2—Permitted verge treatments\n6.6 Application\nThis Division only applies to the townsites of Menzies and Kookynie.\n6.7 Permitted verge treatments\n(1) A person shall not install or maintain a verge treatment which is not a permitted verge treatment.\n(2) An owner or occupier of land which abuts a verge may install a permitted verge treatment, on that\npart of the verge directly in front of her or his land.\n(3) A permitted 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\nthoroughfare in the vicinity of an intersection or bend in the thoroughfare or using a\ndriveway on land adjacent to the thoroughfare for access to or from the thoroughfare;\n(ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width of\n2m along that part of the verge immediately adjacent to the kerb;\n(iii) it does not include a wall or built structure; and\n(iv) is not of a thorny, poisonous or hazardous nature; and\n(c) subject to subclause (4), the installation of material which does not detract from the amenity\nof the area, including but not limited to—\n(i) bituminous surface or in-situ concrete, subject to reduction of area shedding of storm\nwater or flooding;\n(ii) use of paving bricks or concrete slabs; and\n(iii) all forms of loose aggregate materials such as pebbles, stones and gravel, not larger than\n50mm and contained within the verge area at all times; and\n(d) other treatment approved by the local government.\n\n","sortOrder":10},{"sectionNumber":"348","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"348 GOVERNMENT GAZETTE, WA 16 February 2022\n(4) Where installation of material which would create a hard surface has been installed or is intended,\nan authorised person may by written notice, require—\n(a) a reduction of area covered or to be covered, if shedding of storm water or flooding is likely to\ncause a nuisance to neighbours or users of a thoroughfare; and\n(b) an area of open space to a maximum of 1m from the edge of a street tree.\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 6.8.\n6.8 Obligations of owner or occupier\nAn owner or occupier who installs or maintains a permitted verge treatment shall—\n(a) keep the permitted verge treatment in a good and tidy condition and, where the verge\ntreatment is a garden or lawn, ensure that a footpath on the verge and a carriageway adjoining\nthe verge is 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 carriageway, or using a driveway on\nland adjacent to the thoroughfare for access to or from the thoroughfare;\n(c) not place any obstruction on or around the verge treatment;\n(d) not disturb a footpath on the verge;\n(e) 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; and\n(f) ensure that any sprinklers or pipes installed to irrigate a verge treatment—\n(i) do not protrude above the level of the lawn or verge treatment when not in use;\n(ii) are not used at such times so as to cause unreasonable inconvenience to pedestrians or\nother persons; and\n(iii) do not otherwise present a hazard to pedestrians or other persons.\n6.9 Transitional provision\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 is to be taken to be a permitted verge treatment for so long as the verge treatment\nremains of the same type and continues to comply with the former provisions which—\n(a) was installed prior to the commencement day; and\n(b) on the commencement day is a type of verge treatment which was permitted under and\ncomplied with the former provisions.\n6.10 Power to carry out public works on verge\nWhere the local government or an authority is empowered to do so under a written law disturbs a verge,\nthe local government or the authority—\n(a) is not liable to compensate any person for that disturbance;\n(b) may backfill with sand, if necessary, any garden or lawn; and\n(c) is not liable to replace or restore any—\n(i) verge treatment and, in particular, any plant or any material or other hard surface; or\n(ii) sprinklers, pipes or other reticulation equipment.\nDivision 3—Vehicle crossovers\n6.11 Temporary crossovers\n(1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the\nlot, the person responsible for the works shall obtain a licence for the construction of a temporary\ncrossover to protect the existing carriageway, kerb, drains, footpath, existing materials and street trees,\nwhere—\n(a) a crossover does not exist; or\n(b) a crossover does exist, but the nature of the vehicles and their loads is such that they are likely\nto cause damage to the crossover.\n(2) The person responsible for the works in subclause (1) is to be taken to be—\n(a) the builder named on the building permit issued under the Building Act 2011, if one has been\nissued in relation to the works; or\n(b) the owner of the lot, if no building permit has been issued under the Building Act 2011 in\nrelation to the works.\n(3) If the CEO or an authorised person approves an application for a licence for the purpose of subclause\n(1), the licence is taken to be issued on the condition that until such time as the temporary crossover is\nremoved, the licence holder shall keep the temporary crossover in good repair and in such a condition\nso as not to create any danger or obstruction to persons using the thoroughfare.\n\n16 February 2022 GOVERNMENT GAZETTE, WA 349\n6.12 Removal of redundant crossover\n(1) Where works on a lot will result in a crossover no longer giving access to a lot, the crossover is to be\nremoved and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the\nremoval are to be reinstated to the satisfaction of an authorised person.\n(2) The CEO or an authorised person may give written notice to the owner or occupier of a lot requiring\nher or him within the period of time stated in the notice to—\n(a) remove any part of or all of a crossover which does not give access to the lot; and\n(b) reinstate the kerb, drain, footpath, verge and any other part of the thoroughfare, which may be\naffected by the removal.\n6.13 Crossovers in unsafe locations\n(1) Where a crossover is in an unsafe location, the local government may give notice to the owner or\noccupier to—\n(a) remove the crossover; or\n(b) make the crossover safe.\n(2) In determining whether the crossover is in an unsafe location, the local government shall have\nregard to—\n(a) any guidelines or advice Main Roads Western Australia sought or published from time to time;\n(b) the usage of the thoroughfare; and\n(c) alternative treatments available to make the crossover safe.\n(3) Any notice issued under subclause (1) is to give a minimum period of 28 days to remove or make the\ncrossover safe, provided immediate measures are taken to advise users of the thoroughfare of the\ncircumstances deemed unsafe.\nACTIVITIES IN PUBLIC PLACES\n7.1 Leaving animal or vehicle in public place\n(1) A person shall not leave an animal or a vehicle, or any part of a vehicle, in a public place so that it\nobstructs the use of any part of that public place, unless that person has first obtained a licence or is\nauthorised to do so under a written law.\n(2) A person does not contravene subclause (1) where the animal is secured or tethered for a period not\nexceeding 1 hour.\n(3) A person does not contravene subclause (1) where the vehicle is left for a period not exceeding 24\nhours.\n7.2 Prohibitions relating to animals\n(1) In this clause, owner in relation to an animal includes—\n(a) an owner of it;\n(b) a person in possession of it;\n(c) a person who has control of it; and\n(d) a person who ordinarily occupies the premises where the animal is permitted to stay.\n(2) An owner of an animal shall not—\n(a) allow the animal to enter or remain for any time on any public place except for the use of the\npublic place as a thoroughfare and unless it is led, ridden or driven;\n(b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in a\npublic place; or\n(c) train or race the animal in a public place.\n(3) An owner of a horse shall not lead, ride or drive a horse on a thoroughfare, unless that person does\nso under a licence or under the authority of a written law.\nTEMPORARY SIGNS\n8.1 Definitions\nadvertising sign means a temporary sign or poster which advertises a business, products or\nservices for commercial gain;\nelection sign means a temporary sign or poster which advertises any aspect of a forthcoming\nFederal, State or local government election;\nevent sign means a temporary sign or poster which advertises an event, function or activity;\ntemporary sign means a sign used for the purpose of advertisement or notification, whether free\nstanding or requiring to be affixed to a structure of any type, and includes—\n(a) a bill, poster and the like;\n(b) a banner or flag;\n(c) an advertising sign;\n(d) an event sign;\n\n","sortOrder":11},{"sectionNumber":"350","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"350 GOVERNMENT GAZETTE, WA 16 February 2022\n(e) an election or political sign; and\n(f) a direction sign to a place or event.\n8.2 Application\nAny sign that is to be a permanent structure or fixture is to comply with—\n(a) the Building Code as defined in section 3 of the Building Regulations 2012;\n(b) any local planning scheme of the local government made under the Planning and Development\nAct 2005; and\n(c) any other written law regulating of signs within the district.\n8.3 Temporary signs\n(1) On local government property or in a thoroughfare, a person shall not without a licence—\n(a) place a temporary sign; or\n(b) post any bill or paint, place or affix any advertisement.\n(2) Notwithstanding subclause (1), a licence is not required for a temporary sign that is—\n(a) otherwise compliant with clauses 8.5, 8.6, 8.7, 8.8 and 8.9;\n(b) placed flat against a wall or constructed fence for the full length and height of the sign;\n(c) for the purposes of a sporting, charitable or not for profit organisation; and\n(d) does not exceed a number of signs considered reasonable at the discretion of the CEO.\n8.4 Matters to be considered in determining application for licence\nIn determining an application for a licence for the purpose of clause 8.3(1), matters the local government\nis to have regard to include—\n(a) any other written law regulating the construction or placement of signs within the district;\n(b) the dimensions of the sign;\n(c) whether or not the sign may create a hazard to persons using a thoroughfare;\n(d) other signs already approved or erected in the vicinity of the proposed location of the sign;\n(e) any other condition that may be imposed; and\n(f) the amount of the public liability insurance cover, if any, to be obtained by the applicant.\n8.5 Conditions for temporary signs\nUnless otherwise approved by the local government, temporary signs shall—\n(a) be portable and free-standing or temporarily affixed so as there is no resulting damage to any\nthing;\n(b) be secured in position in accordance with any requirements of the local government;\n(c) be placed so as not to impede or obstruct either vehicle or pedestrian traffic, or access to a place\nby any person;\n(d) be placed so as not to obstruct lines of sight for vehicle traffic;\n(e) not be unduly distracting, in the opinion of an authorised person, if illuminated or incorporating\nreflective or fluorescent materials;\n(f) not contain any offensive wording, symbols or images in the opinion of an authorised person;\n(g) not display only part of a message which is to be read with other separate signs in order to\nobtain the whole message;\n(h) be maintained in good condition;\n(i) be in compliance with any limitation of the number of signs notified in writing by the local\ngovernment; and\n(j) unless flat against a wall or fence not exceed—\n(i) 0.75 square metres in area; and\n(ii) not exceed 750mm horizontally.\n8.6 Prohibition on placement of temporary signs\nUnless otherwise approved by the local government a temporary sign shall not be placed—\n(a) on any natural feature, including a rock or tree, on local government property or a\nthoroughfare;\n(b) on any bridge or the structural approaches to a bridge.\n8.7 Additional conditions for advertising signs\nUnless otherwise approved by the local government an advertising sign shall—\n(a) relate only to the business activity, or be placed with the consent of the owner or occupier of\nthe adjoining premises; and\n(b) be in place only during the hours of the business activity or the event being advertised.\n\n16 February 2022 GOVERNMENT GAZETTE, WA 351\n8.8 Additional conditions for event signs\nUnless otherwise approved by the local government an event sign shall—\n(a) relate only to the event, function or activity advertised; and\n(b) not be placed more than 28 days prior to the event, function or activity being advertised.\n8.9 Additional conditions for election signs\nAn election sign shall not be erected until the election to which it relates has been officially announced.\n8.10 Removal of temporary signs\n(1) Unless otherwise specified a temporary sign is to be removed within 10 working days of the event\nor activity.\n(2) The local government may remove non-complying signs without notice and recover costs from the\nperson placing the sign or named as beneficiary on the sign.\nSIGNS AND POWERS TO GIVE DIRECTIONS\n9.1 Signs installed by the local government\n(1) The local government may install a sign in public places specifying any conditions of use which apply\nto that public place, local government property or thoroughfare.\n(2) A person shall comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving\nnotice of the effect of a provision of this local law.\n9.2 Transitional provision\nWhere a sign in a public place, on local government property or on a thoroughfare or has been erected\nunder a repealed local law then, on and from the commencement day, it is to be taken to be a sign\nerected under clause 9.1 if—\n(a) the sign specifies a condition of use relating to the thoroughfare which gives notice of the effect\nof a provision of this local law; and\n(b) the condition of use specified is not inconsistent with any provision of this local law.\n9.3 Authorised person to be obeyed\n(1) A person on or in local government property that is given a lawful direction by the CEO or an\nauthorised person shall comply with that direction.\n(2) A person shall not obstruct or hinder an authorised person in the performance of that person’s duties.\n9.4 Refusal of entry and removal\n(1) If the CEO or an authorised person reasonably suspects that a person is breaching, or has just\nbreached, a provision of this local law or any other written law, the CEO or authorised person may—\n(a) refuse to allow that person to enter local government property;\n(b) if the person is on local government property, direct the person to leave the local government\nproperty; and\n(c) specify a period of up to 30 calendar days within which the person is not to re-enter the local\ngovernment property.\n(2) A person who has been refused entry or who has been directed to leave under subclause (1) shall\nimmediately leave the local government property quickly and peaceably.\n(3) If a person fails to comply with subclause (2), the CEO or an authorised person may remove the\nperson, or arrange for the person to be removed, from the local government property.\n(4) The CEO or an authorised person may reduce the period specified in subclause (1)(c) on application\nof the person who has been directed not to re-enter local government property.\n9.5 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 CEO or an authorised person—\n(a) if the value of the property is reasonably believed to exceed the amount prescribed by regulation\n30(3) of the Local Government (Functions and General) Regulations 1996, using the process\nunder section 3.58 of the Act for the sale of the article as if it was property referred to in that\nsection;\n(b) if the article is reasonably believed to be of a negligible or little value or likely to be of no\ninterest to a not for profit body, in any manner she or he thinks fit; or\n(c) in any other case, by donation to a not for profit body incorporated under the Associations\nIncorporations Act 2015.\n\n","sortOrder":12},{"sectionNumber":"352","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"352 GOVERNMENT GAZETTE, WA 16 February 2022\nLICENCES\n10.1 Application for licence\n(1) Where a person is required to obtain a licence under this local law, that person shall apply for the\nlicence in accordance with subclause (2).\n(2) An application for a licence under this local law shall—\n(a) be in the form determined by the CEO or an authorised person;\n(b) be signed by the applicant;\n(c) provide the information required by the form; and\n(d) be forwarded to the local government together with any set fee.\n(3) The CEO or an authorised person may require an applicant to provide additional information\nreasonably related to an application before determining an application for a licence.\n(4) The CEO or an authorised person may require an applicant to give local public notice of the\napplication for a licence.\n(5) The CEO or an authorised person may refuse to consider an application for a licence which is not in\naccordance with subclause (2) or where the requirements of subclause (3) or (4) have not been satisfied.\n10.2 Decision on application for licence\n(1) The CEO or an authorised person may—\n(a) approve an application for a licence unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a licence.\n(2) If the CEO or an authorised person approves an application for a licence, written notice of approval\nis to be issued to the applicant.\n(3) If an authorised person refuses to approve an application for a licence, written notice of that refusal\nis to be given to the applicant.\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 licence holder.\n10.3 General restrictions on grant of licence\n(1) The CEO or an authorised person shall not grant a licence if there are reasonable grounds for\nbelieving that the carrying on 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 shall not grant a licence unless 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 licence;\n(b) the public place at which the activity is to be provided is suitable for that purpose;\n(c) a licence or similar authority granted or issued to the applicant has not been cancelled in the\nperiod of 5 years before the application is made; and\n(d) the applicant is a fit and proper person to carry on the activity.\n10.4 Amendment of licence\n(1) The CEO or an authorised person may, by written notice given to the licence holder, amend a\nlicence—\n(a) imposing any new condition; or\n(b) changing or removing any existing condition.\n(2) An amendment may be made on application made by the licence holder or on the initiative of the\nCEO or an authorised person.\n(3) An amendment will come into effect on the day that written notice is given to the licence holder, or\nsome other date as specified in the notice.\n10.5 False or misleading statement\nA person shall not make a false or misleading statement in connection with an application in respect of\na licence under this local law.\nDivision 2—Conditions of licences\n10.6 Examples of conditions\n(1) Examples of the conditions that an authorised person may impose on a licence under clause\n10.2(1)(a) or 10.4(1)(a) are conditions relating to—\n(a) the payment of a set fee;\n(b) compliance with a standard or a policy adopted by the local government;\n(c) the duration and commencement of the licence;\n(d) the commencement of the licence being contingent on the happening of an event;\n(e) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n\n16 February 2022 GOVERNMENT GAZETTE, WA 353\n(f) the approval of another application for a licence which may be required by the local government\n(g) the area of the district to which the licence applies;\n(h) where a licence is issued for an activity which will or may cause damage to local government\nproperty, the payment of a deposit or bond against such damage; and\n(i) the obtaining of public risk insurance in an amount and on terms reasonably required by an\nauthorised person.\n(2) Examples of the type and content of the conditions on which a licence to hire local government\nproperty may be issued include—\n(a) when set fees and charges are to be paid;\n(b) payment of a bond against possible damage or cleaning expenses or both;\n(c) restrictions on the erection of material or external decorations;\n(d) rules about the use of furniture, plant and effects;\n(e) limitations on the number of persons who may attend any function in or on local government\nproperty;\n(f) the duration of the hire;\n(g) the right of an authorised person to cancel a booking during the course of an annual or seasonal\nbooking, if an authorised person sees fit;\n(h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence is first obtained\nfor that purpose under the Liquor Control Act;\n(i) whether or not the hire is for the exclusive use of the local government property;\n(j) the obtaining of a policy of insurance in the names of both the local government and the hirer,\nindemnifying the local government in respect of any injury to any person or any damage to any\nproperty which may occur in connection with the hire of the local government property by the\nhirer; and\n(k) the provision of an indemnity from the hirer, indemnifying the local government in respect of\nany injury to any person or any damage to any property which may occur in connection with\nthe hire of the local government property by the hirer.\n10.7 Imposing conditions under a policy\npolicy means a local government policy adopted by the Council under section 2.7(2)(b) of the\nAct containing conditions subject to which an application for a licence may be approved under\nclause 10.2(1)(a).\n(2) Under clause 10.2(1)(a) the CEO or an authorised person may approve an application subject to\nconditions by reference to a policy.\n(3) The CEO or an authorised person shall give to the licence holder a copy of the policy or, at the\ndiscretion of the CEO or the authorised person, the part of the policy which is relevant to the application\nfor a licence, with the written notice of approval referred to in clause 10.2(2).\n(4) An application for a licence is not to be taken to have been approved subject to the conditions\ncontained in a policy until the CEO or an authorised person gives the licence holder a copy of the policy\nor the part of the policy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act apply to a policy and, for that purpose, a policy is deemed to be\ninformation within section 5.94(u)(i) of the Act.\n10.8 Compliance with conditions\nWhere an application for a licence has been approved subject to conditions, the licence holder shall\ncomply with each of those conditions, as amended.\nDivision 3—Duration of licences\n10.9 Duration of licence\nA licence 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 licence; or\n(b) suspended or cancelled under this Division.\n10.10 Renewal of licence\n(1) A licence holder may apply to the local government for the renewal of a licence.\n(2) An application for renewal shall—\n(b) be signed by the licence holder;\n(d) be forwarded to the local government no later than 28 days before the expiry of the licence, or\nwithin a shorter period that the local government in a particular case permits; and\n(e) be accompanied by any set fee.\n(3) The provisions of this Part that apply to an application for a licence also apply to an application for\nthe renewal of a licence as though it were an application for a licence.\n\n","sortOrder":13},{"sectionNumber":"354","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"354 GOVERNMENT GAZETTE, WA 16 February 2022\n10.11 Transfer of licence\n(1) An application for the transfer of a valid licence is—\n(a) to be made in writing;\n(b) to be signed by the licence holder and the proposed transferee of the licence;\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 local government together with any set fee.\n(2) The CEO or an authorised person may—\n(a) approve an application for the transfer of a licence;\n(b) approve the application subject to any conditions; or\n(c) refuse to approve the application.\n(3) Where the CEO or an authorised person approves an application for the transfer of a licence, the\ntransfer may be effected by an endorsement on the licence signed by the CEO or the authorised person.\n(4) Where an authorised person approves the transfer of a licence, the local government is not required\nto refund any part of any set fee paid by the former licence holder.\n10.12 Suspension of licence\n(1) The CEO or an authorised person may, subject to clause 10.13, by written notice given to the licence\nholder, suspend a licence if there are reasonable grounds for believing that—\n(a) the licence holder has contravened a term or condition of a licence;\n(b) the licence holder has contravened a provision of this local law; or\n(c) the continued provision of the activity authorised by the licence constitutes or will constitute\nan unacceptable risk to the safety, health or welfare of the public.\n(2) The suspension notice shall—\n(a) state the day, or the day and time, on or at which the suspension takes effect;\n(b) state the reasons for the CEO or authorised person’s decision to suspend the licence; and\n(c) where appropriate, indicate what steps need to be taken to ensure that there is compliance\nwith the relevant provision, term or condition or that there is no longer a risk as described in\nsubclause (1)(c); and\n(d) inform the licence holder that the licence holder has a right to apply under the Act for a review\nof the decision to suspend the licence.\n10.13 Proposed suspension\n(1) If the CEO or an authorised person proposes to suspend a licence under clause 10.12(1)(a), the CEO\nor authorised person shall give written notice to the licence holder of the proposed suspension.\n(a) state that the CEO or authorised person proposes to suspend the licence;\n(b) state the reasons for the proposed suspension; and\n(c) inform the licence holder that the licence holder is entitled to make representation to the CEO\nor authorised person in respect of the proposed suspension within 7 days after the day on which\nthe licence holder is given the notice.\n(3) In considering whether to suspend the licence, the CEO or authorised person shall have regard to\nany representations made by the licence holder within the period referred to in subclause (2)(c).\n10.14 Revocation of suspension\n(1) The CEO or an authorised person shall, by written notice given to the licence holder revoke the\nsuspension of a licence if the CEO or authorised person is satisfied that the steps specified in the\nsuspension notice have been taken.\n(2) The CEO or an authorised person may, by written notice given to the licence holder, revoke the\nsuspension of the licence if it is appropriate to do so in the circumstances of a particular case.\n10.15 Period of suspension\nThe suspension of a licence has effect on the day, or the day and time, specified in the suspension notice\nuntil one of the following happens—\n(a) the suspension is revoked under clause 10.14;\n(b) the licence is cancelled under clause 10.16 or expires; or\n(c) the licence is surrendered in accordance with the provisions of this local law.\n10.16 Cancellation of licence\nA licence may be cancelled by the CEO or an authorised person if—\n(a) the licence was obtained improperly;\n(b) the licence holder has persistently or frequently contravened a term or condition of the licence,\nor a provision of this local law, whether or not the licence is or has been suspended on the\ngrounds of a contravention; or\n\n16 February 2022 GOVERNMENT GAZETTE, WA 355\n(c) there are reasonable grounds for believing that the continued provision of the activity\nconstitutes or would constitute an unacceptable risk to the safety of the public, whether or not\nthe licence has been suspended on the grounds of that risk.\n10.17 Surrender of licence\nA licence holder may, at any time by notice in writing to the local government, surrender the licence.\nDivision 4—Responsibilities of licence holders and others\n10.18 Production of licence\nA licence holder shall produce to an authorised person her or his licence immediately after being\nrequired to do so by that authorised person.\n10.19 Production of licence document for amendment\nIf the CEO or an authorised person amends or renews a licence, the licence holder shall, if required by\nthe CEO or an authorised person, produce the licence document to the CEO or authorised person for\namendment within the period specified by the CEO or authorised person.\n10.20 Return of licence document if licence no longer in effect\n(1) The person who was the licence holder shall, as soon as practicable return the licence document to\nthe local government if a licence—\n(a) has expired or has not been renewed;\n(b) has been suspended or cancelled; or\n(c) has been surrendered.\n(2) On the cancellation of a licence under clause 10.16 the licence holder is to be taken to have forfeited\nany fees paid in respect of the licence.\n10.21 Other responsibilities of licence holder\nA licence holder shall, in respect of local government property to which the licence relates—\n(a) ensure that an authorised person has unobstructed access to the local government property for\nthe purpose of inspecting the property or enforcing any provision of this local law;\n(b) comply with an instruction from the CEO or an authorised person to take the action specified\nin the instruction for the purpose of maintaining public safety;\n(c) leave the local government property in a clean and tidy condition after its use;\n(d) report any damage or defacement of the local government property to the CEO or an authorised\nperson; and\n(e) take all reasonable action to prevent the consumption of any liquor on the local government\nproperty unless the licence allows it and a licence has been obtained under the Liquor Control\nAct for that purpose.\n10.22 Advertising\nA person shall not advertise, or otherwise hold out in any way, that the person conducts a commercial\nactivity in any public place unless that person holds a licence authorising that commercial activity.\nNOTICES\n11.1 Notice to remedy non-compliance\nWhere any thing is required to be done or not permitted to be done by this local law, the CEO or an\nauthorised person may give a notice in writing—\n(a) to the owner or the occupier of the property which abuts that portion of the thoroughfare where\nthe thing has been done or not done; or\n(b) to any other person who may be responsible for the thing done or not done, requiring the person\nto comply with the requirements of this local law.\n11.2 Notice regarding damage\nA person who unlawfully removes, damages or interferes with local government property or portion of\na thoroughfare commits an offence and may be given a notice in accordance with clause 11.3.\n11.3 Notice requirements\n(1) A notice given under this Part shall—\n(a) be in writing;\n(b) be given to the person referred to in clause 11.1 or 11.2 as the case may be;\n(c) specify the reason for giving the notice;\n(d) specify the action that is required to be undertaken; and\n(e) specify the time within which the work or action is to be undertaken.\n(2) At the local government’s discretion, the action that may be required to be undertaken is—\n(a) to take or cease such action as may be required for compliance with this local law;\n(b) to reinstate the property to the state it was in before the removal, damage or interference;\n\n","sortOrder":14},{"sectionNumber":"356","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"356 GOVERNMENT GAZETTE, WA 16 February 2022\n(c) replace that property; or\n(d) pay for the costs of reinstatement or replacement.\n11.4 Offence to fail to comply with notice\nA person who fails to comply with a notice given to her or him under this local law commits an offence.\n11.5 Local government may undertake requirements of notice\nIf a person fails to comply with a notice referred to in clauses 11.1 or 11.2, the local government may—\n(a) do the thing specified in the notice, including replace the property, or reinstate the property to\nthe state it was in before the removal, damage or interference;\n(a) take whatever remedial action it considers appropriate to put the local government in the\nposition it would have been in if the breach or failure had not occurred; and\n(b) recover all costs from the person, as a debt.\nOBJECTIONS AND REVIEW\n12.1 Objection and review rights\n","sortOrder":15},{"sectionNumber":"Div 1","sectionType":"division","heading":"of Part 9 of the Act applies to a decision under this local law in respect of the grant, renewal,","content":"Division 1 of Part 9 of the Act applies to a decision under this local law in respect of the grant, renewal,\ntransfer, amendment, suspension or cancellation of a licence or consent.\nOFFENCES AND PENALTIES\n13.1 Offences and general penalty\n(1) A person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law that person is prohibited from doing, commits an offence.\n(2) A person who commits an offence under this local law is liable, on conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding\n$500 for each day or part of a day during which the offence has continued.\n13.2 Prescribed offences\n(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section\n9.16(1) of the Act.\n(2) The amount of a modified penalty for a prescribed offence is the number specified adjacent to the\nclause in Schedule 1.\n13.3 Form of notices\n(1) For the purposes of this local law—\n(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to\nin section 9.13 of the Act is that of Form 1 in Schedule 1 of the Local Government (Functions\nand General) Regulations 1996;\n(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the Local Government (Functions and General) Regulations 1996; and\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of\nthe Local Government (Functions and General) Regulations 1996.\n(2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence\nagainst clause 2.4, the notice is to contain a description of the alleged offence.\n13.4 Evidence of a determination\n(1) In any legal proceedings, evidence of a determination may be given by tendering the register referred\nto in clause 2.5 or a certified copy of an extract from the register.\n(2) Unless the contrary is proved, it is to be presumed that the determination was properly made and\nthat every requirement for it to be made and have effect has been satisfied.\n(3) Subclause (2) does not make valid a determination that has not been properly made.\n————\nSCHEDULE 1—PRESCRIBED OFFENCES\n[clause.13.2]\n$\n","sortOrder":16},{"sectionNumber":"Part 2","sectionType":"part","heading":"Determination in respect of local government property","content":"Part 2—Determination in respect of local government property\n1 2.4 Failure to comply with a determination 100\n","sortOrder":17},{"sectionNumber":"Part 3","sectionType":"part","heading":"Activities on local government property","content":"Part 3—Activities on local government property\n2 3.1 Undertaking activity on local government property without a\nlicence 100\n\n16 February 2022 GOVERNMENT GAZETTE, WA 357\n$\n3 3.2(3) Camping on local government property or erecting an\nunauthorised structure 100\n4 3.3(1) Failure to obtain licence to possess, consume or sell liquor 100\n","sortOrder":18},{"sectionNumber":"Part 4","sectionType":"part","heading":"Behaviour on local government property and thoroughfares","content":"Part 4—Behaviour on local government property and thoroughfares\n5 4.3 Behaviour interfering with others 100\n6 4.4 Behaviour detrimental to property 200\n7 4.5 Unauthorised entry to function 100\n8 4.6(2) Taking or injuring fauna without authorisation 200\n9 4.7(2) Removing, damaging or depositing flora without authorisation 200\n10 4.8 Animal on local government property without a licence 100\n11 4.9 Improper disposal of waste on local government property 100\n12 4.10(1) Unauthorised vehicle on local government property 100\n13 4.10(2) Unauthorised driving of a vehicle at more than 20km/hr on local\ngovernment property 100\n14 4.10(3) Unauthorised driving of a vehicle on local government property\nduring a function 100\n15 4.11 Unauthorised use of a UAV 50\n16 4.12 Unauthorised archery, pistol or rifle shooting on local\ngovernment property 200\n17 4.13 Unauthorised playing or practising golf on local government\nproperty 100\n18 4.14 Unauthorised use of bicycle, skateboard etc. on local government\nproperty 50\n","sortOrder":19},{"sectionNumber":"Part 5","sectionType":"part","heading":"Matter relating to particular local government property","content":"Part 5—Matter relating to particular local government property\n19 5.1 Unauthorised entry to fenced, closed or restricted local\ngovernment property 100\n20 5.2(1) Unauthorised entry to gender specific toilet block or change room 100\n21 5.3 Unauthorised use of toilet block or change room 100\n","sortOrder":20},{"sectionNumber":"Part 6","sectionType":"part","heading":"Activities in thoroughfares","content":"Part 6—Activities in thoroughfares\n22 6.1(a) Planting or allowing plant or verge treatment in thoroughfare to\nbecome a sightline hazard 100\n23 6.1(b) Damaging a lawn or garden in a thoroughfare 100\n24 6.1(c) Damaging or removing whole or part of a street tree without\nauthorisation 200\n25 6.1(d) Obstruction of or permitting a hazard in a thoroughfare 100\n26 6.1(e) Damaging, removing or interfering with thoroughfare, part of\nthoroughfare, sign or structure in a thoroughfare without\nauthorisation 100\n27 6.1(f) Playing games in thoroughfare so as to impede vehicles or persons 100\n28 6.2(1)\n(a), (d),\n(e), (f),\n(g), (j)\nUnauthorised activity in a thoroughfare causing damage\n29 6.2(1)\n(b), (c),\n(h), (i),\n(k), (l),\n(m), (n),\n(o), (p),\n(q)\nUnauthorised activity in a thoroughfare causing inconvenience\n30 6.4 Driving on a closed thoroughfare 100\n31 6.7(1) Unauthorised verge treatment 100\n32 6.8\n(a), (b),\n(d), (e)\nFailure to keep permitted verge treatment in good and tidy\ncondition, obstruct a thoroughfare, footpath, drain, or driveway\n33 6.8(c) Placing an obstruction on or around a verge treatment 50\n34 6.8(f) Failure to ensure sprinklers or reticulation pipes do not protrude,\ndo not cause inconvenience to pedestrians, or present a hazard 100\n\n","sortOrder":21},{"sectionNumber":"358","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"358 GOVERNMENT GAZETTE, WA 16 February 2022\n$\n35 6.11(1) Failure to obtain licence for a temporary crossover 200\n36 6.12 Failure to remove redundant crossover or reinstate kerb, drain,\nfootpath, verge or thoroughfare 200\n37 6.13 Failure to remove crossover in unsafe location 500\n","sortOrder":22},{"sectionNumber":"Part 7","sectionType":"part","heading":"Activities in public places","content":"Part 7—Activities in public places\n38 7.1(1) Animal or vehicle obstructing public place without authorisation 100\n39 7.2(2) Animal in public place when not led, ridden or driven 100\n40 7.2(3) Horse being led, ridden or driven in a thoroughfare without\nauthorisation 100\n","sortOrder":23},{"sectionNumber":"Part 8","sectionType":"part","heading":"Temporary signs","content":"Part 8—Temporary signs\n41 8.3(1) Placement of non-compliant temporary sign, or posting a bill or\npainting, or placing an advertisement without authorisation 100\n","sortOrder":24},{"sectionNumber":"Part 9","sectionType":"part","heading":"Signs and powers to give directions","content":"Part 9—Signs and powers to give directions\n42 9.1(2) Failure to comply with condition of use indicated by a sign 100\n43 9.3(1) Failure to comply with direction of authorised person 100\n44 9.3(2) Obstruction or hindrance of an authorised person 100\n45 9.4(1)(c) Failure to comply with period of refusal or suspension 200\n46 9.4(2) Failure to leave a venue when instructed by an authorised person 200\n","sortOrder":25},{"sectionNumber":"Part 10","sectionType":"part","heading":"Licencing","content":"Part 10—Licencing\n47 10.5 False or misleading statement in application for a licence 200\n48 10.8 Failure to comply with licence condition 100\n49 10.18 Failure to produce licence for inspection when required 100\n50 10.19 Failure to produce licence for amendment when required 100\n51 10.20 Failure to return licence when no longer in effect 100\n52 10.21 Failure to comply with other responsibilities of licence holder 100\n53 10.22 Advertising of commercial activity in a public space without\nholding a licence 200\n","sortOrder":26},{"sectionNumber":"Part 11","sectionType":"part","heading":"Notices","content":"Part 11—Notices\n54 11.4 Failure to comply with notice 100\n","sortOrder":27},{"sectionNumber":"Part 13","sectionType":"part","heading":"Offences and penalties","content":"Part 13—Offences and penalties\n55 13.1 Offence not elsewhere specified 100\n————\n\n360 GOVERNMENT GAZETTE, WA 16 February 2022\nCONTENTS\nPART 1—PRELIMINARY\n1.4 Terms used\nPART 2—SANITATION\nDivision 1—Sanitary conveniences\n2.1 Interpretation\n2.2 Dwelling house\n2.3 Premises other than a dwelling house\n2.4 Events\n2.5 Toilets\n2.6 Temporary sanitary conveniences at temporary work sites\n2.7 Maintenance of sanitary conveniences and fittings\n2.8 Ventilation of toilets\n2.9 Public sanitary conveniences\n2.10 Lighting\n2.11 Installation\nDivision 2—Bathrooms, laundries and kitchens\n2.12 Bathrooms\n2.13 Laundries\n2.14 Washing or keeping of clothes in kitchens\n2.15 Kitchens\nPART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of dwelling houses\n3.1 Dwelling house maintenance\nDivision 2—Ventilation of dwelling houses\n3.2 Exemption for short term hostels and recreational campsites\n3.3 Overcrowding\n3.4 Calculated sufficient space\n3.5 Ventilation\n3.6 Sub–floor ventilation\nDivision 3—Water supply\n3.7 Water supply\n3.8 Rain water tanks\n3.9 Bores and wells\n3.10 Pollution\nDivision 4—Second-hand furniture, bedding and clothing\n3.11 Prohibition on sale\n3.12 Prohibition of possession\nPART 4—LIQUID REFUSE AND LQUID WASTE\n4.1 Interpretation\n4.2 Deposit of liquid refuse\n4.3 Disposal of liquid waste\n\n16 February 2022 GOVERNMENT GAZETTE, WA 361\nPART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n5.1 Interpretation\n5.2 Transportation, use and storage of offal, blood or other offensive material\n5.3 Use or storage of fertiliser\n5.4 Storage and dispatch of artificial fertiliser\n5.5 Storage of fertiliser and compost\n5.6 Movement of commercial vehicles\n5.7 Footpaths etc, to be kept clean\n5.8 Disposing of disused refrigerators or similar containers\n5.9 Storage of vehicles, vessels and machinery\nDivision 2—Slaughter and disposal of dead animals\n5.10 Slaughter of animals\n5.11 Disposal of dead animals\nPART 6—ENVIRONMENT\nDivision 1—Dust, smoke, fumes and odours\n6.1 Interpretation\n6.2 Dust management\n6.3 Burning of cleared vegetation on building or development site prohibited\n6.4 Burning of rubbish, refuse or other material\n6.5 Escape of dust, smoke, fumes or odours\nDivision 2—Stormwater management\n6.6 Containment and disposal of stormwater\nDivision 3—Light\n6.7 Use of exterior lights\n6.8 Emission or reflection of light\nPART 7—ANIMALS AND BIRDS\nDivision 1—Keeping of animals and birds\n7.1 Cleanliness\n7.2 Nuisance caused by animals or birds\n7.3 Animal and bird enclosures\n7.4 Keeping of fauna\nDivision 2—Keeping of animals\n7.5 Interpretation\n7.6 Cats\n7.7 Requirements for keeping approved animals\n7.8 Limitation on numbers of other animals\nDivision 3—Keeping of birds\n7.9 Interpretation\n7.10 Commercial poultry establishments\n7.11 Limitation on numbers of pigeons, poultry and miscellaneous birds\n7.12 Requirements for keeping poultry\n7.13 Roosters, geese, turkeys, peafowl, emu and ostrich\nPART 8—PEST CONTROL\n8.1 Interpretation\n8.2 Measures to be taken for control of flies\n8.3 Measures to be taken to prevent breeding of mosquitoes\n8.4 Measures to be taken to eradicate rodents\n8.5 Measures to be taken to eradicate cockroaches\n8.6 Measures to be taken to keep premises free from Argentine ants\n8.7 Measures to be taken to keep premises free from European wasp nests\n8.8 Measures to be taken to keep premises free from arthropod vectors of disease\n\n","sortOrder":28},{"sectionNumber":"362","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"362 GOVERNMENT GAZETTE, WA 16 February 2022\nPART 9—INFECTIOUS DISEASES\n9.1 Requirements for an owner or occupier to clean, disinfect and disinfest\n9.2 Authorised person may disinfect or disinfest premises\n9.3 Insanitary dwelling houses, premises and things\n9.4 Persons in contact with an infectious disease sufferer\n9.5 Declaration of infected dwelling house or premises\n9.6 Destruction of infected animals\n9.7 Disposal of a body\n9.8 Disposal of used condoms\n9.9 Disposal of used needles\nPART 10—LODGING HOUSES\nDivision 1—Registration\n10.1 Interpretation\n10.2 Accommodation not to be kept unless registered\n10.3 Application for registration\n10.4 Determination of application\n10.5 Suspension or revocation of registration of a lodging house\nDivision 2—Construction and use requirements\n10.6 General construction requirements\n10.7 Insect screening\n10.8 Sanitary conveniences\n10.9 Laundry unit\n10.10 Kitchen\n10.11 Cooking facilities\n10.12 Dining room\n10.13 Lounge room\n10.14 Fire prevention and control\n10.15 Obstruction of passages and stairways\n10.16 Fitting of locks\n10.17 Restriction on use of rooms for sleeping\n10.18 Sleeping accommodation, short term hostels and recreational campsites\n10.19 Furnishing etc. of sleeping apartments\n10.20 Ventilation\n10.21 Room identification\nDivision 3—Management and care\n10.22 Duties of keeper\n10.23 Register of lodgers\n10.24 Keeper report\n10.25 Certificate in respect of sleeping accommodation\n10.26 Duplicate keys and inspection\n10.27 Room occupancy\n10.28 Maintenance of a room by a lodger or resident\n10.29 Cleaning and maintenance requirements\n10.30 Responsibilities of lodgers and residents\n10.31 Approval for storage and consumption of food\n10.32 Infectious disease\nPART 11—OFFENSIVE TRADES\n11.1 Interpretation\n11.2 Application to establish an offensive trade\n11.3 Notice of application\n11.4 Registration of premises\n11.5 Certificate of registration of premises for offensive trade\n11.6 Transfer of business premises\n11.7 Alterations to premises\n\n16 February 2022 GOVERNMENT GAZETTE, WA 363\nDivision 2—General duties of an occupier\n11.8 Interpretation\n11.9 Cleanliness of premises etc.\n11.10 Sanitary conveniences and hand wash basins\n11.11 Painting of walls etc.\n11.12 Effluvia, odours, gases or dust\n11.13 Receptacles for disposal of offensive material\n11.14 Storage of materials\n11.15 Sleeping on premises\n11.16 Written notice\nDivision 3—Fat rendering establishments\n11.17 Interpretation\n11.18 Ventilation\n11.19 Covering of apparatus\n11.20 Walls to be impervious\nDivision 4—Fish premises\n11.21 Interpretation\n11.22 Fish preparation room\n11.23 Bench\n11.24 Disposal of waste\n11.25 Fish containers\n11.26 Cooking of fish\n11.27 Use of an approved portable box\n11.28 Fish transport vehicle\n","sortOrder":29},{"sectionNumber":"Div 5","sectionType":"division","heading":"Laundries, dry cleaning establishments and dye works","content":"Division 5—Laundries, dry cleaning establishments and dye works\n11.29 Interpretation\n11.30 Receiving depot\n11.31 Reception room\n11.32 Walls and floors\n11.33 Laundry floor\n11.34 Escape of dust\n11.35 Precautions against combustion\n11.36 Trolleys\n","sortOrder":30},{"sectionNumber":"Div 6","sectionType":"division","heading":"Abattoirs","content":"Division 6—Abattoirs\n11.37 Construction of abattoirs\n","sortOrder":31},{"sectionNumber":"Part 12","sectionType":"part","heading":"LICENCING","content":"PART 12—LICENCING\n12.1 Application for licence\n12.2 Decision on application for licence\n12.3 General restrictions on grant of licence\n12.4 Examples of conditions\n12.5 Imposing conditions under a policy\n12.6 Compliance with conditions\n12.7 Variation of licence\nDivision 2—Duration of licences\n12.8 Duration of licence\n12.9 Renewal of licence\n12.10 Transfer of licence\n12.11 Surrender of licence\nDivision 3—Responsibilities of licensees and others\n12.12 Production of licence\n12.13 Production of licence document for amendment\n12.14 False or misleading statement\n\n","sortOrder":32},{"sectionNumber":"364","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"364 GOVERNMENT GAZETTE, WA 16 February 2022\nPART 13—GIVING OF NOTICE\n13.1 Notice to remedy non-compliance\n13.2 Notice of proposed suspension of licence\n13.3 Notice of suspension of licence\n13.4 Notice of cancellation of suspension of licence\n13.5 Notice of proposed revocation of licence\n13.6 Notice of revocation of licence\n13.7 Local government may undertake requirements of notice\n","sortOrder":33},{"sectionNumber":"Part 14","sectionType":"part","heading":"OBJECTIONS AND APPEALS","content":"PART 14—OBJECTIONS AND APPEALS\n14.1 Objections and appeals\n","sortOrder":34},{"sectionNumber":"Part 15","sectionType":"part","heading":"ENFORCEMENT","content":"PART 15—ENFORCEMENT\n15.1 Offences\n15.2 General penalty\n15.3 Modified penalties\n15.4 Form of infringement notices\nSCHEDULE—MODIFIED PENALTIES\n\n16 February 2022 GOVERNMENT GAZETTE, WA 365\nUnder the powers conferred by the Local Government Act 1995, the Cat Act 2011 and under all other\npowers enabling it, the Shire of Menzies resolved on 27 January 2022 to make the following local law.\n","sortOrder":35},{"sectionNumber":"Part 1","sectionType":"part","heading":"PRELIMINARY","content":"PART 1—PRELIMINARY\nThis local law may be cited as the Shire of Menzies Health Local Law 2022.\nThis local law comes into operation 14 days after the date of its publication in the Government Gazette.\nThis local law applies throughout the district of the local government.\n1.4 Terms used\n(1) In this local law, unless the context otherwise requires—\nAct means the Health (Miscellaneous Provisions) Act 1911;\nadequate means satisfactory or fit for purpose or, if there is any doubt, at the discretion of an\nauthorised person;\nadequate supply of water means a flow of water of not less than five litres per minute;\napparatus for the treatment of sewage has the same meaning as in section 3 of the Act;\nAS or AS/NZS means an Australian Standard or Australian/New Zealand Standard published by\nStandards Australia, as amended from time to time, and available for viewing free of charge at\nthe Shire of Menzies Administration Centre;\nAS 1530.2:1993 means Australian Standard for Methods for fire tests on building materials,\ncomponents and structures—Test for flammability of materials;\nAS 1530.3:1999 means Australian Standard for Methods for fire tests on building materials,\ncomponents and structures—Simultaneous determination of ignitability, flame propagation,\nheat release and smoke release;\nAS 1668.2: 2012 means Australian Standard for the use of ventilation and air conditioning in\nbuildings—Mechanical ventilation in building;\nAS 2001.5.4:2005 means Australian Standard for Methods of test for textiles—Dimensional\nchange—Domestic washing and drying procedures for textile testing (ISO 6330:2000, MOD);\nAS 2293.1:2018 means Australian Standard for Emergency escape lighting and exit signs for\nbuildings—System design, installation and operation;\nAS 3786:2014 means Australian Standard for Smoke alarms using scattered light, transmitted\nlight or ionization;\nAS/NZS ISO 717.1:2013 means Australian Standard for Acoustics—Rating of sound insulation in\nbuildings and of building elements—Airborne sound insulation;\nauthorised person means a person appointed under—\n(a) the provisions of the Public Health Act 2016 as an authorised person; or\n(b) the Local Government Act 1995; and\n(c) includes a person appointed by the local government as an Environmental Health Officer;\nbed means a piece of furniture on which to sleep;\nbedding includes beds, mattresses, pillows and bed heads as well as bed linen;\nbed linen includes sheets, blankets, pillow cases, quilts and doona covers, and mattress covers;\nbuilder means the holder of a building permit issued in respect of building works on a building\nsite or a person in control of a building site;\nbuilding permit means a permit granted under section 20 of the Building Act 2011;\nbuilding site means any lot for which a building permit is current;\nChief Health Officer means a person appointed to this position under the provisions of the Public\nHealth Act 2016;\nCouncil means the Council of the local government;\ndistrict means the district of the local government and includes any area placed under the\njurisdiction of the local government pursuant to section 22 of the Act;\n\n","sortOrder":36},{"sectionNumber":"366","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"366 GOVERNMENT GAZETTE, WA 16 February 2022\ndrinking water means drinking water as defined in the Australian Drinking Water Guidelines\ndeveloped by the National Health and Medical Research Council;\ndwelling house means a place of residence, whether temporary or permanent, containing at least\none sleeping room and includes a room or outbuilding separate from, but ancillary to, the\nbuilding in which the sleeping room is located;\nhabitable room means a room used for normal domestic activities; and\n(a) includes a bedroom, living room, lounge room, music room, television room, kitchen, dining\nroom, sewing room, study, play-room, family room and sun-room; but\n(b) excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, lobby,\nphotographic dark room, clothes-drying room, and other spaces of a specialised nature\noccupied neither frequently nor for extended periods;\nhot water means water at a temperature of at least 65 degrees Celsius;\ninfectious disease has the meaning given to it by—\n(a) section 3(1) of the Act; and\n(b) includes a notifiable infectious disease;\nland has the meaning given to it by the Planning and Development Act 2005;\nlicence means a licence, permit, registration or approval issued by the local government under this\nlocal law;\nlocal government means the Shire of Menzies;\nlocal planning scheme has the meaning given to it by the Planning and Development Act 2005;\nlot has the meaning given to it by the Planning and Development Act 2005;\nmorgue means a place for the temporary reception and keeping of the bodies of the dead awaiting\nburial or cremation;\nNCC means the latest edition of the National Construction Code published from time to time by,\nor on behalf of, the Australian Building Codes Board, as amended from time to time, but not\nincluding explanatory information published with that Code;\nnuisance includes the meaning given to it in section 182 of the Act;\nnoise has the meaning given to it by section 3 of the Environmental Protection Act 1986;\noccupier has the meaning given to it in section 3 of the Act and includes a builder or contractor on\nland where the context permits;\nowner has the meaning given to it in section 3 of the Act;\npublic place includes every place to which the public ordinarily have access, whether by payment\nof a fee or not;\nrefuse means any waste material including bricks, lime, cement, concrete, rubble, stones, iron,\ntimber, tiles, bags, plastics, ashes, vegetation, timber, wood or metal shavings, sawdust, and\nwaste food, and includes any broken, used, derelict or discarded matter;\nsanitary convenience includes urinals, toilets, sinks, baths, wash troughs, apparatus for the\ntreatment of sewage, or other receptacle for the deposit of faecal matter, or refuse, and all\nsimilar conveniences;\nSchedule means a Schedule to this local law;\nset fee means a fee—\n(a) as prescribed by legislation; or\n(b) in any other instance, as fixed by the local government from time to time under sections\n6.16 to 6.19 of the Local Government Act 1995;\nsewage means any kind of sewage, faecal matter or urine, and any waste composed wholly or in\npart of liquid;\nsewer includes sewers and drains of every description, except drains to which the word “drain” as\ndefined in the Act applies, also water channels constructed of stone, brick, concrete, or any\nother material, including the property of the local government;\nstormwater means any naturally occurring water that results from rainfall on or around a site, or\nwater flowing onto the site;\nstreet includes any highway, and any public bridge, and any road, lane, footway, square, court,\nalley or passage, whether a thoroughfare or not;\nthoroughfare has the meaning given to it by section 1.4 of the Local Government Act 1995;\ntoilet means a toilet bowl, or urinal and includes a room or cubicle in which one or more of these\nare located;\ntownsite means the townsites of Menzies and Kookynie, which are—\n(a) constituted under section 26(2) of the Land Administration Act 1997; or\n(b) referred to in section 37 of Schedule 9.3 of the Local Government Act 1995;\nurinal may be—\n(a) an individual stall or wall hung urinal;\n(b) each 600 millimetres length of a continuous urinal trough; or\n(c) a toilet bowl used in place of a urinal;\n\n16 February 2022 GOVERNMENT GAZETTE, WA 367\nvectors of disease means those pests as defined in clause 8.1;\nvermin includes rats, mice, flies, fleas, mites, lice, cockroaches and any other animal, whether\nvertebrate or invertebrate, which is known to be a vector of disease or likely to cause damage\nto human food, habitation or possessions;\nwindow includes a glass panel, roof light, glass brick, glass louvre, glazed sash, glazed door, or\nother device which transmits natural light directly from outside a building to the room\nconcerned when in the closed position; and\nwritten notice means a notice issued in accordance with Part 14.\nPART 2—SANITATION\nDivision 1—Sanitary conveniences\n2.1 Interpretation\nevent includes a fair, function or festival;\norganiser means a person—\n(a) to whom approval has been granted by an authorised person to conduct the event; or\n(b) responsible for the conduct of the event;\npublic sanitary convenience means a sanitary convenience to which the public ordinarily have\naccess;\nreceptacle for drainage has the same meaning as in the Health (Treatment of Sewage and\nDisposal of Effluent and Liquid Waste) Regulations 1974 and includes the irrigation effluent\ndisposal area of an aerobic treatment system; and\ntemporary sanitary convenience means a sanitary convenience, temporarily placed for use by—\n(a) patrons in conjunction with an event; or\n(b) employees at construction sites or the like.\n2.2 Dwelling house\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless it has at\nleast one toilet.\n(2) A room in which a toilet is located shall have adequate lighting and ventilation.\n2.3 Premises other than a dwelling house\n(1) The owner of premises other than a dwelling house shall not use or occupy, or permit to be used or\noccupied, premises other than a dwelling house unless—\n(a) the premises have sanitary conveniences in accordance with the NCC and this Part;\n(b) the toilets required by this local law are situated within 90 metres and are easily accessible to\nthe persons for whom they are provided; and\n(c) the premises have hand wash basins—\n(i) in accordance with the NCC;\n(ii) for the use of persons employed or engaged on the premises;\n(iii) provided with an adequate supply of water supplied by taps located over each hand wash\nbasin;\n(iv) separate from any trough, sink or basin used in connection with any process carried out\non the premises; and\n(v) situated within a reasonable distance of the sanitary conveniences and easily accessible\nto the person for whom they are provided.\n(2) The occupier of premises other than a dwelling house shall ensure that—\n(a) clean toilet paper is available at all times in each cubicle;\n(b) a sanitary napkin disposal facility is provided in each toilet provided for the use of females; and\n(c) each hand wash basin is provided with—\n(i) an adequate supply of soap or other hand cleaning substances; and\n(ii) hand drying facilities, situated adjacent to and visible from the hand wash basin.\n2.4 Events\nThe organiser of an outdoor event shall provide sanitary conveniences in accordance with the\nrecommendations contained within the Department of Health’s ‘Guidelines for concerts, events and\norganised gatherings’.\n2.5 Toilets\n(1) Toilets on premises shall be maintained in accordance with the following requirements—\n(a) the door to a toilet, other than an internal door, shall be properly screened to a continuous\nheight of 1.8 metres from the floor;\n(b) a toilet or its entrance, which is visible from overlooking windows, shall be properly screened;\n\n","sortOrder":37},{"sectionNumber":"368","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"368 GOVERNMENT GAZETTE, WA 16 February 2022\n(c) unless otherwise approved by an authorised person, a toilet shall not be directly accessible from\na kitchen or a room where food is stored, prepared, served or consumed;\n(d) the floor of any internal toilet shall be—\n(i) of concrete or of other approved impervious material of an approved thickness; and\n(ii) unless otherwise approved graded to a floor waste outlet and proper discharge pipe with\nflap valve fitted and, where necessary, protected by an approved sump; and\n(e) the floor of any external toilet shall be—\n(i) of concrete or of other approved impervious material of an approved thickness; and\n(ii) graded to the door or alternatively an approved outlet.\n(2) Toilets on premises other than a dwelling house shall be maintained in accordance with the following\nadditional requirements—\n(a) toilet for the exclusive use of males shall not adjoin any toilet for the exclusive use of females\nunless the toilets are separated by a wall extending from floor to ceiling and of sufficient density\nto have a sound transmission class of not less than 50 as required by AS/NZS ISO 717.1:2013;\nand\n(b) where more than one toilet is provided on the premises, the entrance to each toilet shall bear a\nsuitable sign indicating for which sex its use is intended.\n2.6 Temporary sanitary conveniences at temporary work sites\nA person who undertakes temporary work at any place shall ensure that every temporary sanitary\nconvenience is—\n(a) installed and maintained in accordance with the requirements of the Health (Temporary\nSanitary Conveniences) Regulations 1997; and\n(b) removed within 48 hours of completion of works.\n2.7 Maintenance of sanitary conveniences and fittings\n(1) The occupier of premises shall—\n(a) keep clean, in good condition and repair; and\n(b) whenever required by an authorised person, effectively disinfect and clean;\nall sanitary conveniences and sanitary fittings in or on the premises.\n(2) The owner of premises shall—\n(a) keep or cause to be kept in good repair; and\n(b) maintain an adequate supply of water to\nall sanitary conveniences including sanitary fittings in or on the premises.\n2.8 Ventilation of toilets\n(1) A toilet in any premises shall be ventilated in accordance with the Sewerage (Lighting, Ventilation\nand Construction) Regulations 1971 and the NCC.\n(2) A mechanical ventilation system provided under subclause (1) shall be maintained in good working\norder and condition.\n2.9 Public sanitary conveniences\n(1) A person shall not—\n(a) foul;\n(b) damage or vandalise; or\n(c) write on or otherwise deface\na public sanitary convenience or sanitary fittings on the premises in which the public sanitary\nconvenience is located.\n(2) A person shall not live or sleep in the premises in which a public sanitary convenience is located or\nuse it for a purpose other than that for which it was intended.\n2.10 Lighting\nThe owner and occupier of premises in which a sanitary convenience or a public sanitary convenience\nis located shall provide and maintain adequate lighting for persons using the convenience.\n2.11 Installation\nEvery sanitary convenience shall—\n(a) be installed in accordance with the requirements of—\n(i) the Country Areas Water Supply Act 1947; and\n(ii) the Health (Treatment of Sewage and Disposal of Effluent and Liquid Wastes)\nRegulations 1974; and\n(iii) the Water Services Act 2012; and\n(b) have an adequate supply of water.\n\n16 February 2022 GOVERNMENT GAZETTE, WA 369\nDivision 2—Bathrooms, laundries and kitchens\n2.12 Bathrooms\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a\nbathroom that—\n(a) is adequately lined with an impervious material and has a ceiling complying with the NCC;\n(b) complies with the Health Act (Laundries and Bathrooms) Regulations and the NCC: and\n(c) is equipped with—\n(i) a hand wash basin; and\n(ii) either a shower in a shower recess or a bath.\n(2) All baths, showers, hand wash basins and similar fittings shall be provided with an adequate supply\nof hot and cold water.\n(3) The floor of the bathroom shall be properly surfaced with an even fall to a floor waste unless\notherwise approved, suitably trapped and discharging to—\n(a) the sewer of a licensed water service operator; or\n(b) an apparatus for the treatment of sewage approved by an authorised person.\n2.13 Laundries\n(1) A laundry shall comply with the requirements of the Health Act (Laundries and Bathrooms)\nRegulations and the NCC.\n(2) Where, in any building, a laundry is situated adjacent to a kitchen or a room where food is stored,\nprepared, served or consumed, the laundry shall be separated from the kitchen by a wall extending\nfrom the floor to the roof or ceiling unless otherwise approved.\n(3) Where there is an opening between a laundry and a kitchen or other room where food is stored,\nprepared, served or consumed, the opening shall—\n(a) not be more than 1220 millimetres wide; and\n(b) have a door, which when closed shall completely fill the opening.\n(4) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a laundry\n(a) is properly enclosed and roofed;\n(b) is adequately lined with an impervious material;\n(c) has a floor of concrete or other approved impervious material of an approved thickness;\n(d) is properly surfaced, with an even fall to a floor waste unless otherwise approved, suitably\ntrapped and discharging to—\n(i) the sewer of a licensed water service operator; or\n(ii) an on-site waste water disposal system of a type approved by an authorised person; and\n(e) is provided with adequate ventilation.\n(5) In the case of a single occupancy dwelling house, the laundry referred to in subclause (1) shall have—\n(a) either—\n(i) two wash troughs; or\n(ii) a washing machine and either a wash trough or a sink; and\n(b) a clothes drying facility comprising either—\n(i) a mechanical clothes dryer; or\n(ii) not less than 20 metres of clothes line erected externally.\n(6) All wash troughs, sinks and washing machines shall be—\n(a) in a laundry and connected to an adequate supply of hot and cold water; and\n(b) installed to manufacturer’s specifications, and all wash troughs shall have a capacity of at least\n36 litres.\n(7) Sole or multiple occupancy units, each being a separate dwelling house, shall have—\n(a) laundry facilities for the exclusive use of the occupants of each unit; or\n(b) a separate laundry, with communal laundry facilities for up to four sole occupancy units that\ndo not have their own laundry facilities.\n2.14 Washing or keeping of clothes in kitchens\nA person shall not in any kitchen or other place where food is kept—\n(a) wash or permit to be washed any clothing or bedding; or\n(b) keep or permit to be kept any soiled clothing or bedding.\n2.15 Kitchens\ncooking facility includes a stove, oven, facility or appliance used for or in connection with the\ncooking of food.\n\n","sortOrder":38},{"sectionNumber":"370","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"370 GOVERNMENT GAZETTE, WA 16 February 2022\n(2) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a kitchen\nwhich complies with the requirements of the NCC and which is equipped with—\n(a) a cooking facility which is adequate in the opinion of an authorised person; and\n(b) a sink which is adequate in the opinion of an authorised person and which has an adequate\nsupply of hot and cold water.\n(3) The occupier of a dwelling house shall ensure that the stove, oven and sink are kept clean, in good\norder and repair and fit for use.\n(4) A cooking facility shall—\n(a) be installed in accordance with the requirements of—\n(i) the Department of Mines, Industry Regulation and Safety; and\n(ii) the manufacturer’s specifications; and\n(b) not be installed or used in any room other than a kitchen.\n(5) Mechanical ventilation that is installed in a kitchen, shall be—\n(a) carried to the outside air as directly as practicable unless adequately filtered for recirculation;\nand\n(b) boxed throughout.\n(6) Mechanical ventilation shall be maintained in good working order and condition.\nPART 3—HOUSING AND GENERAL\nDivision 1—Maintenance of dwelling houses\n3.1 Dwelling house maintenance\nThe owner or occupier of a dwelling house shall maintain the dwelling house and any appurtenant\nbuildings, in sound condition and fit for use and, in particular, shall—\n(a) maintain all roofs, guttering and downpipes in a good state of repair, clean and free from\nobstructions;\n(b) maintain any footings, foundations and walls, either external or internal, in a sound condition;\n(c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material in\nany verandah, roof, walls, steps, handrails, floors or their supports with material of sound\nquality;\n(d) comply with any direction in writing given by an authorised person to treat the premises for\nthe purpose of destroying any termites;\n(e) maintain any brick, stone, mortar or cement work in a sound condition;\n(f) maintain, repair or replace any flashings, damp proof course or ant caps, which are missing or\ndefective;\n(g) maintain all ventilators in good order and repair;\n(h) maintain all floors even and level in surface and free from cracks and gaps;\n(i) maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and\nfittings complete and with smooth unbroken surfaces;\n(j) maintain all doors and windows in good working order and weatherproof condition;\n(k) retain all natural lighting free from any obstruction which would reduce the natural lighting,\nbelow the ratio of 10% of the floor area;\n(l) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewerage so\nthat they comply in all respects with—\n(i) the provisions of the Water Services Act 2012;\n(ii) the NCC with regards to plumbing and relevant associated standards; and\n(iii) any other legal requirements to which they are subject; and\n(m) maintain all electric wiring, gas services and fittings to comply in all respects with the\nrequirements of all relevant public authorities.\nDivision 2—Ventilation of dwelling houses\n3.2 Exemption for short term hostels and recreational campsites\nThis Division shall not apply to short term hostels and recreational campsites referred to in Division 2\nof Part 10.\n3.3 Overcrowding\nThe owner or occupier of a dwelling house shall not permit—\n(a) a room in the dwelling house that is not a habitable room to be used for sleeping purposes;\n(b) a habitable room in the dwelling house to be used for sleeping purposes unless—\n(i) for every person over the age of 10 years using the room there is at least 14 cubic metres\nof air space per person; and\n(ii) for every person between the ages of one and ten years there is at least eight cubic metres\nof air space per person; or\n\n16 February 2022 GOVERNMENT GAZETTE, WA 371\n(c) any structure classified as Class 10(a) under the NCC, including but not limited to a garage,\nshed or area under a verandah or patio to be used for sleeping purposes.\n3.4 Calculated sufficient space\nFor the purpose of clause 3.5, in calculating the space required for each person—\n(a) each room shall be considered separately and sufficient space shall be allowed in each room for\nthe number of persons present in the room at any one time;\n(b) a deduction shall be made for the space occupied by furniture, fittings and projections of the\nwalls into a room; and\n(c) the space required includes ceilings measured up to a height of 2700 millimetres.\n3.5 Ventilation\n(1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless the\ndwelling house is properly ventilated.\n(2) For the purpose of subclause (1) a dwelling house shall be deemed to be properly ventilated if it\ncomplies with the NCC, including the provision of—\n(a) natural ventilation; or\n(b) a mechanical ventilation or air–conditioning system.\n(3) The owner of a dwelling house provided with a mechanical ventilation or air-conditioning system as\nits only or prime means of ventilation shall ensure that the system is—\n(a) maintained in good working order and condition; and\n(b) in use at all times the building is occupied.\n(4) If a dwelling house is not properly ventilated, the owner of the dwelling house may be required by\nwritten notice given by an authorised person to undertake remedial actions including but not limited\nto—\n(a) providing a different, or additional method of ventilation; or\n(b) ceasing to use the dwelling house until it is properly ventilated.\n3.6 Sub–floor ventilation\nThe owner or occupier of a dwelling house shall make provision for any sub–floor ventilation by\nensuring that air bricks and other openings are kept clear of refuse, vegetation, building materials, dirt\nand the like.\nDivision 3—Water supply\n3.7 Water supply\n(1) The owner of every dwelling house shall provide a continuous supply of drinking water, reticulated\nfor use and obtained from—\n(a) a licensed water service operator;\n(b) an underground bore;\n(c) a rainwater storage system; or\n(d) an alternative supply approved by the Chief Health Officer.\n(2) The water supply shall at all times deliver an adequate supply of drinking water to each tap in the\nhouse.\n(3) The water supply to toilets or for garden use may be from an alternative source that is not\nnecessarily drinking water but shall comply with the requirements of relevant legislation, codes of\npractice or guidelines where applicable.\n3.8 Rain water tanks\n(1) The owner or occupier of a dwelling house for which part of the drinking water supply is drawn from\na rain water tank shall—\n(a) ensure that it is managed and maintained so as to meet the relevant standards in the\nAustralian Drinking Water Guidelines developed by the National Health and Medical Research\nCouncil;\n(b) maintain in a clean condition—\n(i) the roof forming the catchment for the tank; and\n(ii) the guttering and downpipes appurtenant to the roof; and\n(c) ensure that each rain water tank is fitted with a tight fitting mosquito proof cover which shall\nnot be removed at any time except for the purpose of cleaning, repairing or maintaining the\ntank.\n(2) The owner or occupier of a dwelling house for which its entire water supply is drawn from a rain\nwater tank or tanks shall ensure that the storage capacity of the tank or tanks is not less than 120,000\nlitres.\n3.9 Bores and wells\nThe owner or occupier of any premises shall not use or permit for human consumption the use of the\nwater of any bore or well unless the bore or well is—\n(a) at least 30 metres from any soak well or other possible source of pollution unless otherwise\napproved by the Chief Health Officer; and\n\n","sortOrder":39},{"sectionNumber":"372","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"372 GOVERNMENT GAZETTE, WA 16 February 2022\n(b) covered with a tight–fitting cover without openings of any sort other than those essential for\nthe insertion of a pump; and\n(c) compliant with the requirements of the Health Act (Underground Water Supply)\nRegulations 1959.\n3.10 Pollution\nA person shall not deposit on or under any land, any sewage, offensive matter or any other thing which\nmay pollute or render unfit for human consumption, water from a well or other underground source.\nDivision 4—Second-hand furniture, bedding and clothing\n3.11 Prohibition on sale\nA person shall not offer for sale or sell any second-hand furniture, bedding or clothing, which is filthy\nor infested with vectors of disease.\n3.12 Prohibition of possession\nA dealer in second-hand furniture, bedding or clothing shall not have on any premises used for the\noperation of the business any second-hand furniture, bedding or clothing which is filthy or infested with\nvectors of disease.\nPART 4—LIQUID REFUSE AND LIQUID WASTE\n4.1 Interpretation\nliquid refuse includes all washings from the commercial cleaning of vehicles, overflow, bleed off,\ncondensate and drainage from air conditioning equipment including cooling towers and\nevaporative coolers and other liquid used for cooling purposes and swimming pool discharges;\nliquid waste means—\n(a) wastewater or any other waste in liquid form from domestic, industrial or commercial\nactivities, other than effluent;\n(b) includes bathroom, kitchen, scullery and laundry wastes, all washings from animal and\npoultry pens and any other domestic or trade wastes that are discharged by means of a\ndrain to a receptacle for drainage; and\n(c) includes waste from any process or activity, whether useful or useless, that is in liquid form\nand 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;\nand\nreceptacle for drainage has the same meaning as in the Health (Treatment of Sewage and\nDisposal of Effluent and Liquid Waste) Regulations 1974.\n4.2 Deposit of liquid refuse\n(1) A person shall not deposit or cause or permit to be deposited liquid refuse—\n(a) on a street;\n(b) in a stormwater disposal system; or\n(c) on any land or place other than a place or depot duly authorised for that purpose.\n(2) Notwithstanding subclause (1), in the case of swimming pool back wash water, discharge is\npermitted—\n(a) into soak wells of adequate capacity; or\n(b) onto a road verge for the purpose of watering gardens or vegetation, without discharge onto a\nroad or into a stormwater drain.\n(3) The owner or occupier of land on which a swimming pool is constructed shall ensure that backwash\nwater is not permitted to discharge onto or run-off onto adjacent land or so as to cause a nuisance, or\ncause damage to any structures situated on adjacent land.\n4.3 Disposal of liquid waste\n(1) The owner or occupier of premises shall—\n(a) provide, by one of the methods prescribed in this clause, for the disposal of all liquid waste\nproduced on the premises; and\n(b) at all times maintain in good working order and condition any apparatus used for the disposal\nof liquid waste.\n(2) Liquid waste shall be disposed of by one of the following methods—\n(a) discharging it into the sewerage system of a licensed water service operator in a manner\napproved by the licensed water service operator;\n(b) discharging it into an apparatus for the treatment of sewage and disposal of effluent and liquid\nwaste approved by the Chief Health Officer or an authorised person; or\n(c) collection and disposal at an approved liquid waste disposal site in a manner approved by the\nChief Health Officer.\n\n16 February 2022 GOVERNMENT GAZETTE, WA 373\nPART 5—NUISANCES AND GENERAL\nDivision 1—Nuisances\n5.1 Interpretation\ncar park means premises, or any part of premises, set aside for parking of 3 or more motor vehicles;\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;\nfertiliser includes manure; and\nliquid waste has the same meaning as in clause 4.1.\n5.2 Transportation, use and storage of offal, blood or other offensive material\nA person shall not transport or store offal or blood, for the purpose of being used as manure, unless it\nhas been sterilised by—\n(a) steam, and properly dried; or\n(b) some other effective method approved by an authorised person.\n5.3 Use or storage of fertiliser\nAn owner or occupier of premises shall not use or keep for the purpose of use, as fertiliser any—\n(a) pig manure;\n(b) human faeces; or\n(c) urine.\n5.4 Storage and dispatch of artificial fertiliser\nAn owner or occupier of premises where artificial fertiliser is stored in bulk for sale shall—\n(a) keep all artificial fertiliser in a building—\n(i) of which all internal surfaces are constructed of durable and non–absorbent materials;\nfinished internally with a smooth surface;\n(ii) that protects it from the absorption of moisture; and\n(iii) that is adequately ventilated;\n(b) take adequate measures to prevent the emission of dust or offensive effluvia from the building;\nand\n(c) ensure that all artificial fertiliser dispatched from the premises is handled and loaded in such\na manner as to prevent any nuisance arising during transit.\n5.5 Storage of fertiliser and compost\n(1) Subject to subclause (2) fertiliser and compost is not to be stored inside a dwelling house in a\nhabitable room, kitchen, laundry, bathroom, living area, passage way or bedroom.\n(2) Fertiliser and compost may be stored—\n(a) in a non-habitable building such as a shed, garage or storage room which is fully enclosed, well\nventilated and separated from the habitable areas of the dwelling house; or\n(b) in an outside area.\n(3) The owner or occupier of premises where fertiliser or compost is stored or used shall—\n(a) take reasonable steps to prevent the escape of odours, dust or particles of fertiliser or compost;\n(b) treat the fertiliser or compost in such a manner as to effectively prevent it attracting or being\na breeding place for vermin; and\n(c) store only such amounts of fertiliser or compost—\n(i) as can be readily used within a reasonable period; or\n(ii) as may be directed by written notice given by an authorised person.\n5.6 Movement of commercial vehicles\nlight commercial vehicle—\n(a) means a vehicle with a gross vehicle mass not greater than 4500 kg, constructed for the\nconveyance of goods or merchandise, or for the conveyance of materials used in any trade,\nbusiness, industry or work whatsoever, other than a vehicle for the conveyance of\npassengers; and\n(b) includes any vehicle that is designed primarily for the carriage of persons, but which has\nbeen fitted or adapted for the conveyance of the goods, merchandise or materials referred\nto, and is in fact used for that purpose; and\ncommercial vehicle means a vehicle, whether licenced or not, that has a gross vehicle mass of\ngreater than 4500 kg including—\n(a) a utility, van, truck, tractor, bus or earthmoving equipment; and\n(b) a vehicle that is, or is designed to be an attachment to a vehicle referred to in paragraph\n(a).\n\n","sortOrder":40},{"sectionNumber":"374","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"374 GOVERNMENT GAZETTE, WA 16 February 2022\n(2) A person shall not park a light commercial vehicle or commercial vehicle containing animals in a\ntownsite for a period in excess of one hour, unless—\n(a) on land zoned as farming, rural residential, rural, special rural, industrial, light industry or\ngeneral industry; and\n(b) the vehicle is parked on that land more than 100 metres from any dwelling house.\n(3) A person shall not park a light commercial vehicle or commercial vehicle so as to create or be a\nnuisance to any person, by reason of the odour emanating from the vehicle where that vehicle contains\nor has been used for—\n(a) the carriage of animals;\n(b) the transport of chemicals; or\n(c) collection or disposal of any waste.\n(4) If a person parks a light commercial vehicle or commercial vehicle containing animals in a townsite\nin accordance with subclause (2) or with the approval of an authorised person, then the person does not\ncontravene subclause (3).\n(5) A person shall not start or drive a commercial vehicle on land zoned, approved or used for residential\npurposes between the hours of 10.30 pm and 6.30 am on the following day without first obtaining the\nwritten consent of an authorised person.\n5.7 Footpaths etc, to be kept clean\nAn owner or occupier of premises shall take reasonable steps to ensure that any footpath, pavement,\narea or right of way immediately adjacent to the premises is clear of any rubbish, matter or things\ncoming from or belonging to the premises.\n5.8 Disposing of disused refrigerators or similar containers\nA person shall not place, leave or dispose of a disused refrigerator, ice chest, ice box, trunk, chest or\nother similar article having a compartment with a capacity of 0.04 cubic metres or more, on any land\nunless—\n(a) every door and lid and every lock, catch and hinge attached to a door or lid has been removed;\n(b) rendering every door and lid incapable of being fastened; and\n(c) refrigerant gas has been removed by a qualified person.\n5.9 Storage of vehicles, vessels and machinery\nmachinery includes disused equipment;\nvehicle means any motor vehicle, or part of a motor vehicle in a state of disrepair or in the process\nof being wrecked whether licensed or not;\nvessel means any kind of vessel intended for navigation by water, or part of a vessel in a state of\ndisrepair or in the process of being wrecked whether licensed or not; and\nwreck includes the dismantling, breaking up, storage and disposal of vehicles.\n(2) The owner or occupier of land in a townsite shall not—\n(a) store, or allow to remain, in public view on any lot more than one vehicle, vessel or machinery\n(whether licensed or not) in a state of disrepair;\n(b) store, or allow to remain, in public view on any lot any vehicle, vessel or machinery in a state\nof disrepair for a period in excess of one month;\n(c) store, or allow to remain, in public view on any lot any vehicle, vessel or machinery parts\n(including tyres);\n(d) wreck, dismantle or break up any vehicle, part or body of a vehicle, vessel or machinery except\nwhere performed—\n(i) inside a building; or\n(ii) within an area enclosed by a fence or wall of not less than 1.8 metres in height and of\nsuch a nature as to screen all vehicles, parts or bodies of vehicles, vessels or machinery\nfrom the street and from adjoining properties; or\n(e) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance.\n(3) Subclause (2)(a) to (d) does not apply—\n(a) where the approval of an authorised person has been obtained; or\n(b) on land that is zoned appropriately.\nDivision 2—Slaughter and disposal of dead animals\n5.10 Slaughter of animals\n(1) Subject to subclause (2) a person, shall not slaughter any animal within the district.\n(2) Subclause (1) does not apply to—\n(a) euthanasia of animals by veterinarians or other duly authorised persons;\n(b) persons who slaughter stock for their own consumption and who are exempted under\nRegulation 20 (2) of the Food Regulations 2009;\n(c) slaughter of animals for the purposes of pet meat and game meat operations in accordance with\nPart 5 of the Food Regulations 2009; and\n\n16 February 2022 GOVERNMENT GAZETTE, WA 375\n(d) slaughter of animals for human consumption in abattoirs, operating in accordance with clause\n11.37.\n5.11 Disposal of dead animals\n(1) An owner or operator of a veterinary practice where dead animals are kept for more than 12 hours,\nshall refrigerate the carcass prior to its removal and disposal, at an approved disposal site.\n(2) An owner or occupier of premises, other than a veterinary practice, on which there is a dead animal\nshall without delay remove the carcass for its disposal at an approved disposal site.\n(3) An owner, or a person having the care, of any animal that dies or is killed in a public or private place\nshall without delay remove the carcass and arrange for its disposal at an approved disposal site.\n(4) The requirements of subclauses (1), (2) and (3) shall not limit the practice by farmers, pastoralists\nand the like of disposing of carcasses on rural land in a manner that is not likely to pollute or be\ndangerous or injurious to health.\nPART 6—ENVIRONMENT\nDivision 1—Dust, smoke, fumes and odours\n6.1 Interpretation\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;\nand\nliquid waste means—\n(a) wastewater or any other liquid waste from domestic, industrial or commercial activities,\nother than effluent;\n(b) includes bathroom, kitchen, scullery and laundry wastes, all washings from animal and\npoultry pens and any other domestic or trade wastes that are discharged by means of a\ndrain to a receptacle for drainage; and\n(c) includes waste from any process or activity, whether useful or useless, that is in liquid form\nand 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.\n6.2 Dust management\n(1) An authorised person may require an owner or occupier of land undertaking or intending to\nundertake any work involving the clearing of land, from which any sand or dust is likely to be released\nwhether by means of wind, water or any other cause, to—\n(a) submit to an authorised person a Dust Management Plan in accordance with “A guideline for\nmanaging the impacts of dust and associated contaminants from land development sites,\nremediation and other related activities (2011)” as produced by the Department of Water and\nEnvironmental Regulation, and amended from time to time; and\n(b) obtain written approval of the Dust Management Plan from an authorised person before\ncommencement of any work.\n(2) An owner or occupier of land may be required by written notice to take effective measures including\nbut not limited to—\n(a) stabilise dust on the land;\n(b) contain all liquid waste on the land;\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; and\n(d) notify the owners or occupiers of adjoining land in writing at least 48 hours prior to the\ncommencement of any activity that has the potential to cause the release or escape from the\nland of dust or liquid waste giving details of—\n(i) the nature of the activity;\n(ii) the proposed commencement time, frequency, duration time and location of the activity;\nand\n(iii) the name of the person responsible for carrying out the activity and how and where that\nperson may be contacted.\n(3) Where an authorised person is of the opinion that dust or liquid waste may be released or escape as\na result of an activity which is likely to be carried on from any land, the authorised person may give to\nthe owner or occupier written notice that the activity may only be carried on subject to conditions\nspecified in the notice.\n6.3 Burning of cleared vegetation on building or development site prohibited\nAn owner or occupier of any building site or development site within a townsite shall ensure that no\nvegetation or other material cleared from the site is burnt on the site unless authorisation in writing is\ngiven by an authorised person.\n\n","sortOrder":41},{"sectionNumber":"376","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"376 GOVERNMENT GAZETTE, WA 16 February 2022\n6.4 Burning of rubbish, refuse or other material\n(1) A person shall not on any land having an area of 4000 square metres or less within a townsite, set\nfire to rubbish, refuse or other materials unless—\n(a) the material does not include any plastic, rubber, food scraps, green garden materials or other\nmaterial likely to cause the generation of smoke or odour in such quantity as to cause a\nnuisance to other persons;\n(b) a haze alert has not been issued by the Bureau of Meteorology for the period during which\nburning is to take place; and\n(c) the burning complies with the Bush Fires Act 1954, any annual fire hazard reduction notice\nissued by an authorised person under that Act and any conditions of approval as determined\nby an authorised person.\n(2) Subclause (1) shall not apply to any barbeque, solid fuel water heater, space heater or ovens fired\nwith dry paper, dry wood, synthetic char or charcoal type fuel.\n(3) Subclause (1) is subject to any fire danger rating as determined by the Bureau of Meteorology.\n6.5 Escape of dust, smoke, fumes or odours\nAn owner or occupier of land or premises shall not cause or permit the escape of dust, smoke, fumes or\nodours from the land so as to cause or to be a nuisance to any person.\nDivision 2—Stormwater management\n6.6 Containment and disposal of stormwater\n(1) The owner or occupier of a lot shall ensure that all stormwater received by any building, house, or\nother structure or any paved or sealed or other surfaced areas including any vehicle access ways on the\nlot is contained within the lot and is not permitted to discharge onto or run-off onto adjacent land so as\nto cause a nuisance, or cause damage to any structures situated on adjacent land.\n(2) Subclause (1) shall not prevent the discharge of stormwater from a lot into a local government\napproved stormwater drain or road.\n(3) The owner or occupier of a lot shall ensure that all stormwater drainage systems on the lot are\nmaintained in a good state of repair and free from obstruction.\nDivision 3—Light\n6.7 Use of exterior lights\nAn owner and or occupier of land on which floodlights, lighting installations or other exterior lights are\nerected or used shall not allow the floodlights or other exterior lights to shine directly onto an adjoining\nlot.\n6.8 Emission or reflection of light\nAn owner or occupier of land shall ensure that—\n(a) artificial light is not emitted or reflected from anything on the land so as to illuminate premises\noutside the land at a level that interferes unreasonably with normal daily activities; and\n(b) natural light is not reflected from anything on the land so as to create or cause a nuisance to—\n(i) the owner or occupier of any other premises; or\n(ii) person lawfully using a street or thoroughfare.\nPART 7—ANIMALS AND BIRDS\nDivision 1—Keeping of animals and birds\n7.1 Cleanliness\nAn owner or occupier of premises in or on which a dog, cat or other animal or bird is kept shall—\n(a) maintain the premises free from excrement, filth, food waste and all other matters which is or\nis likely to become offensive or injurious to health or to attract rats or other vermin;\n(b) when so directed by written notice given by an authorised person, clean and disinfect the\npremises; and\n(c) keep the premises, so far as possible, free from flies or other vermin by spraying with a residual\ninsecticide or other effective means.\n7.2 Nuisance caused by animals or birds\nAn owner or occupier of land shall not keep any animal or bird which—\n(a) is or creates a nuisance; or\n(b) emits an unreasonable or constant noise.\n7.3 Animal and bird enclosures\n(1) A person shall not keep or cause or permit to be kept any animals or birds on premises which are\nnot effectively drained or of which the drainage flows to the walls or foundations of any building.\n(2) An authorised person may give written notice to the owner or occupier of premises where animals\nor birds are kept to pave, grade and drain floors of all structures and the surface of the ground of all\nenclosures used for the keeping of animals or birds.\n\n16 February 2022 GOVERNMENT GAZETTE, WA 377\n7.4 Keeping of fauna\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 member;\n(b) the eggs or larvae; or\n(c) the carcass, skin, plumage or fur unless it has been shed or discarded by the fauna in a\nnormal or natural manner.\n(2) Notwithstanding the provisions of Division 2 and Division 3 of this Part, a person may keep fauna\nfor the period and under such conditions as may be authorised by the department of the Public Service\nprincipally assisting in the administration of the Conservation and Land Management Act 1984.\nDivision 2—Keeping of animals\n7.5 Interpretation\napproved animal means a farm animal the subject of an approval by an authorised person;\ncow includes an ox, calf or bull;\nfarm animal includes a horse, cow, pig, sheep, camel, alpaca, llama, deer, goat or other large\nanimal; and\nhorse includes an ass, mule, donkey or pony.\n7.6 Cats\n(1) A person shall not, without an exemption in writing from the local government, keep more than 3\ncats over the age of 6 months on premises on any land within the district.\n(2) Upon payment of the set fee, an owner or occupier of premises may apply in writing to the local\ngovernment for exemption from the requirements of subclause (1).\n(3) The local government shall not grant an exemption under subclause (2) unless it is satisfied that\nthe number of cats to be kept will not be a nuisance or injurious or dangerous to health.\n(4) An exemption granted under this clause shall specify—\n(a) the owner or occupier to whom the exemption applies;\n(b) the premises to which the exemption applies; and\n(c) the maximum number of cats which may be kept on the premises.\n(5) A person who is granted an exemption under subclause (3) may be required by an authorised person\nto—\n(a) provide for each cat kept at or on the premises, a properly constructed shelter with an enclosure\ncomplying with the following—\n(i) each shelter must have a floor area of not less than .5 square metres for each cat over the\nage of 3 months kept or to be kept therein; and\n(ii) the area of the enclosure appurtenant to each shelter shall be not less than 3 times the\narea of the shelter;\n(b) ensure every shelter and enclosure is situated at a distance of not less than—\n(i) 2 metres from the boundary of any lot not owned or occupied by the person by whom the\ncats are kept; and\n(ii) 10 metres from any dwelling, church, school room, hall or premises in which food is\nmanufactured, packed or prepared for human consumption; and\n(c) keep all shelters, enclosures, yards and grounds in which cats are kept in a clean condition and\nfree from vectors of disease at all times and clean, disinfect or otherwise as directed by an\nauthorised person from time to time.\n(6) Notwithstanding subclause (1), a person may keep more than 3 cats over the age of 6 months on\npremises used for veterinary purposes or as a pet shop.\n7.7 Requirements for keeping approved animals\n(1) An owner or occupier of premises within a townsite shall not keep a farm animal without approval\nof an authorised person.\n(2) An owner or occupier of premises who has an approved animal shall ensure the premises has an\narea of not less than 2000 square metres for the exclusive use of the approved animal.\n(3) A person who keeps an approved animal or permits an approved animal to be kept shall ensure\n(a) all approved animals are to be kept in a properly constructed and securely fastened structure\nor enclosure; and\n(b) no approved animal is able to encroach within 15 metres of a dwelling house, public building,\nor premises where people are employed or premises where food is stored, prepared,\nmanufactured or sold.\n\n","sortOrder":42},{"sectionNumber":"378","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"378 GOVERNMENT GAZETTE, WA 16 February 2022\n(4) Subclauses (1) and (2) do not apply to premises used—\n7.8 Limitation on numbers of other animals\n(1) The number of cats or dogs permitted to be kept are as determined by—\n(a) clause 7.6; and\n(b) Shire of Menzies Dogs Local Law 2021 as amended from time to time.\n(2) Without the approval of an authorised person, an owner or occupier of land in a townsite shall not\nkeep more than 20 animals, including dogs and cats.\n(3) Notwithstanding subclause (2) an authorised person may require a reduction of the approved\nnumber of animals on premises within a townsite, or alternatively prohibit the keeping of animals on\nparticular premises, if unreasonable noise or a nuisance is being caused.\n(4) Subclauses (2) and (3) do not apply to premises used—\nDivision 3—Keeping of birds\n7.9 Interpretation\npoultry includes fowls, peafowls, guinea fowls, turkeys, geese, ducks, chickens, bantams and other\ndomestic fowls;\npigeons are birds that are classified within the family Columbidae and includes doves; and\nmiscellaneous birds means birds other than poultry and pigeons.\n7.10 Commercial poultry establishments\nCommercial poultry establishments are to manage operations in accordance with the Environmental\nCode of Practice for Poultry Farms in Western Australia 2004 produced by the Western Australian\nBroilers Growers Association and Poultry Farmers Association of Western Australia.\n7.11 Limitation on numbers of pigeons, poultry and miscellaneous birds\n(1) Without the approval of an authorised person, an owner or occupier of land in a townsite shall not\nkeep a combined total of more than 20 poultry, pigeons and miscellaneous birds.\n(2) Notwithstanding subclause (1) an authorised person may require a reduction of the approved\nnumber of poultry, pigeons, or miscellaneous birds on premises within the district, or alternatively\nprohibit the keeping of poultry, pigeons, or miscellaneous birds on particular premises, if unreasonable\nnoise or a nuisance is being caused.\n(3) Subclauses (1) and (2) do not apply to premises used—\n7.12 Requirements for keeping poultry\n(1) A person who keeps poultry or permits poultry to be kept on land within a townsite shall ensure\n(a) all poultry is kept in a properly constructed and securely fastened structure or enclosure;\n(b) the structure or enclosure is in a yard having an otherwise unobstructed area of at least 15\nsquare metres; and\n(c) no poultry is able to approach within 15 metres of a street other than a right of way unless, in\nthe case of land at the junction of two or more streets, an authorised person has approved a\nlesser distance.\n(2) A person who keeps poultry or permits poultry to be kept shall ensure no poultry is able to\nencroach—\n(i) within 5 metres of any dwelling house on the land; or\n(ii) within 15 metres of a neighbouring dwelling house, public building, or premises where\npeople are employed or premises where food is stored, prepared, manufactured or sold.\n7.13 Roosters, geese, turkeys, peafowl, emu and ostrich\nWithout the approval of an authorised person, an owner or occupier of premises in a townsite shall not\nkeep on those premises—\n(a) a rooster;\n(b) a goose or gander;\n(c) a turkey;\n(d) a peacock or peahen;\n\n16 February 2022 GOVERNMENT GAZETTE, WA 379\n(e) guinea fowl;\n(f) an emu; or\n(g) an ostrich.\nPART 8—PEST CONTROL\n8.1 Interpretation\nArgentine ant means an ant belonging to the species Limepithema humile (formerly Iridomyrmex\nhumilis);\narthropod vectors of disease includes—\n(a) fleas (Siphonaptera);\n(b) bedbugs (Cimex lectularius);\n(c) crab lice (Phthirus pubis);\n(d) body lice (Pediculus humanus var. corporis); and\n(e) head lice (Pediculus humanus var. capitis);\ncockroach means any of the various orthopterous insects commonly known as cockroaches;\nEuropean wasp means a wasp Vespula germanica;\nflies means any of the two-winged insects constituting the order Diptera commonly known as flies;\nmosquitoes means any of the two-winged insects constituting the family Diptera Culicidae\ncommonly known as mosquitoes; and\nrodents means those animals belonging to the order Rodentia and includes rats and mice but does\nnot include native rodents, laboratory bred rats and mice or animals (other than rats) kept as\npets in an enclosure designed for the purpose of keeping as pets animals of that kind.\n8.2 Measures to be taken for control of flies\nOwners and occupiers of any land within the district that is breeding flies, or that is likely to breed\nflies, are to comply with the requirements of the Fly Eradication Regulations.\n8.3 Measures to be taken to prevent breeding of mosquitoes\n(1) An owner or occupier of premises shall take effective measures to ensure that the premises are kept\nfree from possible mosquito breeding sites and shall—\n(a) take all reasonable steps to—\n(i) control the prevalence of mosquitoes;\n(ii) eradicate mosquitos; and\n(iii) effectively prevent the breeding of mosquitoes; and\n(b) assist an authorised person to locate any possible mosquito breeding sites that may be present\nin or about the premises.\n(2) An owner or occupier of premises shall—\n(a) where water is kept in a horse trough, poultry drinking container or other receptacle—\n(i) frequently change the water; and\n(ii) keep the water clean and free from vegetable matter and slime;\n(b) where a septic tank is installed shall ensure the fixture is in sound condition at all times, and\nmesh having openings not larger than 1.2 millimetres covers any vent to the tank;\n(c) cause all drains and channels in or on the land to be kept in good order and free from\nobstruction; and\n(d) where any activity is undertaken on any land which creates an excavation likely to hold water\nand cause mosquito breeding shall as soon as practicable following the completion of the\nactivity, and taking into consideration the purpose of the excavation, ensure that—\n(i) the excavation is filled in with clean material and made level with the surrounding\nsurface; or\n(ii) alternatively treated with an approved pesticide to control mosquito breeding.\n(3) Where it appears to an authorised person that there is, on any premises, undergrowth or vegetation\nlikely to harbour mosquitoes, the owner or occupier of the premises may be required by direction in\nwriting given by an authorised person to cut down and remove within a specified time the undergrowth\nor vegetation.\n8.4 Measures to be taken to eradicate rodents\n(1) An owner or occupier of premises shall at all times take effective measures to eradicate any rodents\nin or on the premises.\n(2) An owner or occupier of premises who keeps rodents shall—\n(a) at all times ensure that all live rodents are kept in the effective control of a person or in locked\ncages; and\n(b) if a rodent escapes, ensure that all reasonable steps are taken to destroy or recapture the\nrodent.\n\n","sortOrder":43},{"sectionNumber":"380","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"380 GOVERNMENT GAZETTE, WA 16 February 2022\n(3) A person shall not store, or allow to be stored, on any premises, any food, refuse or other waste\nmatter unless it is contained in a rodent proof receptacle or compartment.\n8.5 Measures to be taken to eradicate cockroaches\nAn owner or occupier of premises shall take effective measures to eradicate any cockroaches in or on\n8.6 Measures to be taken to keep premises free from Argentine ants\nAn owner or occupier of premises shall take effective measures to eradicate any Argentine ants in or on\n8.7 Measures to be taken to keep premises free from European wasp nests\nAn owner or occupier of premises shall—\n(a) ensure that the premises are kept free from European wasp nests;\n(b) without delay notify the local government of any wasp nest in, on or about the premises that is\nsuspected to be a European wasp nest;\n(c) assist an authorised person, or his or her representative, to trace any nest that may be present\nin, on or about the premises.\n8.8 Measures to be taken to keep premises free from arthropod vectors of disease\nThe owner or occupier of premises shall keep the premises and any person residing in or on the premises\nfree from any arthropod vectors of disease.\nPART 9—INFECTIOUS DISEASES\n9.1 Requirements for an owner or occupier to clean, disinfect and disinfest\nAn authorised person may, by written notice, require an owner or occupier of premises, within the time\nand in the manner specified in the notice, to clean, disinfect and disinfest—\n(a) the premises; or\n(b) such things in or on the premises as are specified in the notice.\n9.2 Authorised person may disinfect or disinfest premises\n(1) Where an authorised person is satisfied that any case of infectious disease has occurred on any\npremises, the authorised person may give written notice to disinfect or disinfest premises or any part\nof the premises and anything in or on the premises.\n(2) An owner or occupier of premises shall permit, and provide access to enable, an authorised person\nor other person to carry out the written notice given under subclause (1).\n9.3 Insanitary dwelling houses, premises and things\n(1) An owner or occupier of any dwelling house or premises shall maintain the dwelling house or\npremises free from any insanitary condition or thing.\n(2) Where the Council resolves that a dwelling house is insanitary, an authorised person may give\nwritten notice to an owner of the dwelling house to destroy or amend the dwelling house.\n(3) Where an authorised person considers that a dwelling house or premises is not being maintained in\na sanitary condition or any thing is insanitary, direction in writing may be given requiring—\n(a) the owner or occupier of the dwelling house or premises to amend any insanitary condition; or\n(b) the owner or occupier of the insanitary thing to destroy or amend it.\n9.4 Persons in contact with an infectious disease sufferer\nIf a person in any dwelling house is, or is suspected of, suffering from an infectious disease, any\noccupant of the dwelling house or any person who enters or leaves the dwelling house may by direction\nin writing—\n(a) be removed to isolation in an appropriate place to prevent or minimise the risk of the infection\nspreading; and\n(b) if so removed, shall remain in that place until the authorised person otherwise directs in\nwriting.\n9.5 Declaration of infected dwelling house or premises\n(1) To prevent or check the spread of infectious disease, an authorised person may from time to time\ndeclare any dwelling house or premises to be infected.\n(2) A person shall not enter or leave any dwelling house or premises declared to be infected without the\nwritten consent of an authorised person.\n9.6 Destruction of infected animals\nAn authorised person, upon being satisfied that an animal is or may be infected or is liable to be infected\nor to convey infection may, by written notice require—\n(a) that the animal be examined by a registered veterinary officer; and\n(b) all steps taken to enable the condition to be controlled or eradicated; or\n(c) the animal be destroyed and disposed of.\n\n16 February 2022 GOVERNMENT GAZETTE, WA 381\n9.7 Disposal of a body\n(1) An occupier of premises in or on which is located the body of a person who has died of an infectious\ndisease shall, subject to subclause (2), cause the body to be buried or disposed of in such manner, within\nsuch time and with such precautions as may be directed by written notice given by an authorised\n(2) A body shall not be removed from premises where death occurred except to a cemetery or morgue.\n9.8 Disposal of used condoms\n(1) An occupier of premises on or from which used condoms are produced shall ensure that the condoms\nare—\n(a) placed in a sealed impervious container and disposed of in a sanitary manner; or\n(b) disposed of in such a manner as may be directed by written notice given by an authorised\n(2) A person shall not dispose of a used condom in a public place except in accordance with subclause\n(1).\n9.9 Disposal of used needles\nA person shall not dispose of a used hypodermic syringe or needle in a public place unless it is placed\nin an impenetrable, leak–proof container deposited in a refuse receptacle.\nPART 10—LODGING HOUSES\nDivision 1—Registration\n10.1 Interpretation\n(1) In this Part, unless the context otherwise requires—\naccommodation means one or more buildings used for boarding purposes referred to in this Part;\nbed and breakfast means a dwelling house used by a resident of the dwelling house to provide\nshort-term accommodation on a commercial basis for not more than four adults or one family,\nand contains not more than two guest bedrooms;\nbunk means a sleeping berth comprising one of two arranged vertically;\ndormitory means a building or room utilised for sleeping purposes at a short term hostel or\nrecreational campsite;\nFood Standards Code means the Australia New Zealand Food Standards Code as defined in the\nCommonwealth Food Standards Australia New Zealand Act 1991;\nholiday accommodation excludes buildings on a caravan park, excludes a lodging house, and\nmeans a building where the period of occupancy of any lodger is not more than 14 consecutive\ndays and includes a bed and breakfast, chalet, cottage or holiday house;\nkeeper means a person whose name appears on the register of keepers, in respect of\naccommodation, as the keeper of that accommodation;\nlodger means a person who obtains, for hire or reward, board or lodging in accommodation;\nlodging house includes a recreational campsite, a serviced apartment and a short term hostel and\nhas the same meaning as defined in Section 3 of the Act;\nmanager means a person duly appointed by the keeper in accordance with this Division to reside\nin, and have the care and management of accommodation;\nmanufacturer’s specifications means a data sheet describing the technical characteristics of a\nproduct which is published by a manufacturer to help consumers use the product;\nrecreational campsite means a lodging house, including youth camps, youth education camps,\nchurch camps and riding schools but excluding a camp or caravan within the meaning of the\nCaravan Parks and Camping Grounds Act 1995—\n(a) situated on a campsite principally used for—\n(i) recreational, sporting, religious, ethnic or educational pursuits; or\n(ii) conferences or conventions; and\n(b) where the period of occupancy of any lodger is not more than 14 consecutive days;\nregister of lodgers means the register kept in accordance with section 157 of the Act and this\nPart;\nregister of keepers means a register by the local government in which is registered the names and\nresidences of the keepers of all accommodation within its district and the situation of every\nsuch accommodation and the number of persons authorised to be resident therein;\nresident means a person, other than a lodger, who resides in accommodation;\nserviced apartment means a lodging house in which each sleeping apartment, or group of sleeping\napartments in common occupancy, is provided with its own sanitary conveniences and may\nhave its own cooking facilities;\nshort term hostel means a lodging house where the period of occupancy of any lodger is not more\nthan 14 consecutive days and shall include youth hostels and backpacker hostels; and\nsleeping apartment means a room for lodgers to sleep in.\n\n","sortOrder":44},{"sectionNumber":"382","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"382 GOVERNMENT GAZETTE, WA 16 February 2022\n(2) In this Part, where an act is required to be done or forbidden to be done in relation to any lodging\nhouse, unless the contrary intention appears, the keeper of the lodging house has, the duty of causing\nto be done the act so required to be done, or of preventing from being done the act so forbidden to be\ndone, as the case may be.\n10.2 Accommodation not to be kept unless registered\nA person shall not keep, cause or permit to be kept accommodation unless—\n(a) the accommodation is constructed in accordance with the requirements of this Part;\n(b) the accommodation is registered by the local government under clause 10.4(1);\n(c) the names of the persons keeping or proposing to keep, and managing the accommodation is\nentered in the register of keepers in accordance with section 147 of the Act; and\n(d) in the case of holiday accommodation, when required by an authorised person, a management\nplan is approved by an authorised person that includes—\n(i) a code of conduct detailing the expected behaviour and obligations of lodgers, which is\nalso to be displayed within the premises;\n(ii) details of lodger check-in and check-out procedures;\n(iii) details of waste management procedures;\n(iv) an emergency management plan; and\n(v) the keeper and manager’s mobile telephone numbers.\n10.3 Application for registration\nIn addition to clause 12.1 an application for registration of accommodation shall contain the following\ndetails—\n(a) if the applicant is a body corporate, the name and position of the person having principal\nresponsibility for the premises to be registered;\n(b) contact details of the applicant including—\n(i) business, residential and email addresses; and\n(ii) business, residential and mobile telephone numbers;\n(c) if the keeper is not to be resident at the lodging house, proposed arrangements for manager;\n(d) proposed classification as—\n(i) a lodging house;\n(ii) a short term hostel;\n(iii) serviced apartments;\n(iv) recreational campsite; or\n(v) other classification;\n(e) type and number of rooms and facilities for private use;\n(f) type, number and area of rooms and facilities for use by lodger;\n(g) type, number and area of sanitary conveniences and facilities for each of male and female\nlodgers;\n(h) number, areas and details of equipment for laundry facilities;\n(i) if meals are to be provided by the manager; and\n(j) be accompanied by detailed plans and specifications of the lodging house.\n10.4 Determination of application\n(1) An authorised person may approve, with or without conditions, an application under clause 10.3 by\nissuing to the applicant a certificate of registration of a lodging house in the form determined by the\nlocal government from time to time.\n(2) The certificate of registration is to include—\n(a) classification as per clause 10.3(d);\n(b) name of resident manager;\n(c) name of owner if not resident;\n(d) number of rooms for lodgers, and the number of lodgers permitted to in each sleeping\napartment;\n(e) number / type of rooms for lodger’s use;\n(f) conditions imposed, if any; and\n(g) approved number of rooms and approved number of lodgers per room listed according to room.\n(3) The certificate of registration is to be displayed in the reception area accessible by lodgers.\n(4) The licence for a lodging house shall expire on 30 June following the date of its issue.\n10.5 Suspension or revocation of registration of a lodging house\nIn accordance with Part 13, an authorised person may suspend or revoke a registration, including but\nnot limited to the following grounds—\n(a) that the lodging house has not, to the satisfaction of an authorised person, been kept free from\nvectors of disease or in a clean, wholesome and sanitary condition;\n\n16 February 2022 GOVERNMENT GAZETTE, WA 383\n(b) that the keeper has—\n(i) been convicted of an offence against this local law in respect of the accommodation;\n(ii) not complied with a requirement of this Part; or\n(iii) not complied with a condition of registration;\n(c) that the local government, having regard to a report from the Police, is satisfied that the keeper\nor manager is not a fit and proper person; and\n(d) that, by reason of alterations or additions or neglect to repair and renovate, the condition of the\naccommodation is such as to render it, in the opinion of an authorised person, unfit to remain\nregistered.\nDivision 2—Construction and use requirements\n10.6 General construction requirements\nThe general construction requirements of accommodation shall comply with the NCC.\n10.7 Insect screening\nThe keeper shall provide and maintain in good working order and condition on the premises windows\nand external doors that are screened with mesh having openings no larger than 1.2 millimetres.\n10.8 Sanitary conveniences\n(1) A keeper of accommodation shall maintain in good working order and condition and in convenient\npositions on the premises—\n(a) toilets; and\n(b) bathrooms, each fitted with shower or a bath (or both) and hand wash basin and in accordance\nwith the requirements of the NCC.\n(2) A bathroom or toilet, which is used as a private bathroom or toilet to the exclusion of other lodgers\nor residents, shall not be counted for the purposes of subclause (1).\n(3) Each bath, shower and hand wash basin shall be provided with an adequate supply of hot and cold\nwater.\n(4) The walls of each shower and bath shall be of an impervious material to a minimum height of 1.8\nmetres above the floor level.\n(5) Each toilet and bathroom shall—\n(a) be situated, separated and screened as to ensure privacy;\n(b) be apportioned as to each sex;\n(c) have a distinct sign displayed in a prominent position denoting the sex for which the toilet or\nbathroom is provided; and\n(d) be provided with adequate lighting.\n(6) Subclauses (5)(b) and (c) do not apply to a serviced apartment.\n10.9 Laundry unit\n(1) A laundry unit shall consist of—\n(a) a washing machine with a capacity of not less than four kilograms of dry clothing;\n(b) either an electric drying cabinet or not less than 30 metres of clothes line;\n(c) one wash trough of not less than 45 litres capacity, connected to both hot and cold water; and\n(d) A hot water system that—\n(i) is capable of delivering an adequate supply of water at a temperature of at least\n65 degrees Celsius for each washing machine and wash trough provided with the\ncommunal facilities; and\n(ii) has a delivery rate of not less than five litres per minute for each washing machine or a\nhigher delivery rate according to the manufacturer’s specifications.\n(2) A keeper of a lodging house shall, subject to the satisfaction of an authorised person—\n(a) provide on the premises a laundry unit for each 15 lodgers;\n(b) at all times maintain each laundry unit in a proper sanitary condition and in good repair;\n(c) provide an adequate supply of hot and cold water to each wash trough, sink and washing\nmachine; and\n(d) ensure that the floor area of each laundry unit is properly surfaced with an even fall to a floor\nwaste.\n(3) An authorised person may approve the provision of a reduced number of laundry units if suitable\nequipment of a commercial type is installed.\n10.10 Kitchen\nThe keeper of a lodging house shall provide in that lodging house a kitchen which complies with the\nrelevant requirements of—\n(a) the Food Act 2008;\n(b) the Food Regulations 2009; and\n(c) Standards 3.1.1, 3.2.2, and 3.2.3 of the Food Standards Code as determined by an authorised\n\n","sortOrder":45},{"sectionNumber":"384","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"384 GOVERNMENT GAZETTE, WA 16 February 2022\n10.11 Cooking facilities\nThe keeper of accommodation where meals are prepared shall provide a kitchen with cooking\nappliances of a number and type approved by an authorised person.\n10.12 Dining room\nThe keeper of a lodging house shall provide in that lodging house a dining room which—\n(a) is located in close proximity to, or combined with, the kitchen;\n(b) has a floor area of which shall not be less than the greater of—\n(i) 0.5 square metres per person; or\n(ii) 10 square metres;\n(c) is adequately furnished to accommodate, at any one time, half of the number of lodgers; and\n(d) has a suitable floor covering.\n10.13 Lounge room\nThe keeper of a lodging house shall provide in that lodging house a lounge room which—\n(a) has a floor area with a minimum of 13 square metres, and—\n(i) where the lounge room is not combined with a dining room, is not less than 0.6 square\nmetres per person; or\n(ii) where the lounge room is combined with a dining room, is not less 1.2 metres per person;\n(b) is adequately furnished to accommodate at any one time, half of the number of lodgers; and\n(c) has a suitable floor covering.\n10.14 Fire prevention and control\n(1) A keeper shall—\n(a) ensure smoke alarms complying with AS 3786:2014 are installed on or near the ceiling in every\nbedroom and in every corridor or hallway associated with a bedroom, or if there is no corridor\nor hallway, in an area between the bedrooms and the remainder of the building as required by\nthe NCC;\n(b) ensure that there is installed in each passage or corridor in the lodging house a smoke alarm\nincorporating evacuation lighting which is activated by the smoke alarm as required by the\nNCC;\n(c) provide evacuation lighting if required by the NCC to be kept separate from the general lighting\nsystem and kept illuminated during the hours of darkness;\n(d) provide an approved fire blanket positioned within two metres of the cooking area in each\nkitchen;\n(e) if required by the NCC, ensure that illuminated exit signs are installed above exit doorways\nwhich comply with AS 2293.1:2018 and which are maintained in good working order at all\ntimes; and\n(f) provide firefighting equipment in accordance with the requirements of the NCC and ensure\nthat the equipment is clearly visible, accessible and maintained in good working order at all\ntimes.\n(2) No person shall smoke in any dormitory, kitchen or dining room or other enclosed public place within\na lodging house.\n(3) A keeper shall ensure that any items which are likely to cause a fire hazard are not located within\nbedrooms or dormitories of a lodging house.\n(4) The keeper of a lodging house which is a recreational campsite or short term hostel, but not a\nserviced apartment, shall ensure that—\n(a) materials used in bedrooms and dormitory area comply with AS 1530.2:1993 and AS\n1530.3:1999 as follows—\n(i) drapes, curtains and blinds—a maximum flammability index of 6;\n(ii) flammable furniture, upholstery and beds—\n(A) a maximum spread of flame index of 6; and\n(B) a maximum smoke developed index of 5; and\n(iii) floor coverings—\n(A) a maximum spread of flame index of 7; and\n(B) a maximum smoke developed index of 5; and\n(b) fire retardant coatings used to make a material comply with these indices shall be—\n(i) certified by the manufacturer as approved for use with the fabric to achieve the required\nindices;\n(ii) certified by the manufacturer to retain its fire retardancy effect after a minimum of five\ncommercial dry cleaning or laundering operations carried out in accordance with AS\n2001.5.4:2005; and\n(iii) certified by the applicator as having been carried out in accordance with the\nmanufacturer’s specifications.\n\n16 February 2022 GOVERNMENT GAZETTE, WA 385\n10.15 Obstruction of passages and stairways\nA keeper of a lodging house shall not place or permit to be placed furniture, fittings or other things in\nsuch a manner as to form an obstruction to the free passage of lodgers, residents or persons in or\noccupying the lodging house, either temporarily or permanently, in or on—\n(a) a stairway, stair landing, fire-escape, window or common passageway; or\n(b) part of the lodging house in common use or intended or adapted for common use.\n10.16 Fitting of locks\nA person shall not fit, cause or permit to be fitted, to an exit door a lock or other device which prevents\nthe door being opened from within a lodging house.\n10.17 Restriction on use of rooms for sleeping\n(1) Subject to subclause (3) and clause 10.31, a keeper of a lodging house shall not use or permit to be\nused as a sleeping apartment a room in a lodging house—\n(a) which contains food;\n(b) which contains or is fitted with a cooking appliance or kitchen sink;\n(c) which is used as a kitchen, scullery, store room, dining room, general sitting room, lounge room\nor for the preparation or storage of food;\n(d) which is not reasonably accessible without passing through a sleeping or other room in the\nprivate occupation of another person;\n(e) which, except in the case of a short term hostel or a recreational campsite, contains less than\nfive square metres of clear space for each lodger occupying the room;\n(f) which is not naturally illuminated in accordance with the requirements of the NCC;\n(g) which is not ventilated in accordance with the requirements of the NCC;\n(h) in which the lighting or ventilation referred to in paragraphs (f) and (g) is obstructed or is not\nin good and efficient order;\n(i) which is not free from internal dampness;\n(j) of which any part of the floor is below the level of the adjoining ground; or\n(k) the floor of which is not fitted with an approved carpet or vinyl floor covering or other floor\ntreatment approved by an authorised person.\n(2) For the purposes of this clause, two children under the age of 10 years shall be counted as one lodger.\n(3) Subclauses (1)(a), (b) and (c) shall not apply to a serviced apartment.\n10.18 Sleeping accommodation, short term hostels and recreational campsites\n(1) A keeper of a short term hostel or recreational campsite shall provide clear floor space of not less\nthan—\n(a) 4 square metres per person in each dormitory utilising beds; or\n(b) 2.5 square metres per person in dormitories utilising bunks.\n(2) The calculation of floor space in subclause (1) shall exclude the area occupied by any large items of\nfurniture, such as wardrobes, but may include the area occupied by beds.\n(3) The minimum height of any ceiling in a short term hostel or recreational campsite shall be—\n(a) 2.4 metres in any dormitory utilising beds; or\n(b) 2.7 metres in any dormitory utilising bunks.\n(4) The minimum floor area requirements in subclause (1) will only apply if there is ventilation,\nseparation distances, fire egress and other safety requirements in accordance with the NCC.\n(5) The keeper of any short term hostel or recreational campsite shall provide—\n(a) fixed outlet ventilation at a ratio of 0.15 square metre to each 10 square metres of floor area of\nthe dormitories;\n(b) each dormitory with direct ventilation to the open air from a point within 230 millimetres of\nthe ceiling level through a fixed open window or vents, carried as direct to the open air as is\npracticable; or\n(c) mechanical ventilation in lieu of fixed ventilation.\n(6) The keeper of any short term hostel or recreational campsite shall provide—\n(a) beds with a minimum size of—\n(i) in short term hostels—800 millimetres x 1.9 metres; or\n(ii) in recreational campsites—750 millimetres x 1.85 metres; and\n(b) storage space for personal effects, including backpacks, so that cleaning operations are not\nhindered and access spaces are not obstructed.\n(7) The keeper of any short term hostel or recreational campsite shall—\n(a) ensure at all times there is a distance of 750 millimetres between beds and a distance of 900\nmillimetres between bunks;\n(b) ensure that where bed or bunk heads are placed against the wall on either side of a dormitory,\nthere is a passageway of at least 1.35 metres between each row of beds and a passageway of at\nleast two metres between each row of bunks and the passageway is kept clear of obstruction at\nall times;\n\n","sortOrder":46},{"sectionNumber":"386","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"386 GOVERNMENT GAZETTE, WA 16 February 2022\n(c) ensure all light fittings and other ceiling and wall projections (including ceiling and wall fans)\nare provided with safety guards or positioned so as not to be a danger to any occupants to the\nsatisfaction of an authorised person; and\n(d) ensure all doors, windows and ventilators are kept free from obstruction.\n10.19 Furnishing etc. of sleeping apartments\nA keeper of a lodging house shall, unless otherwise approved by an authorised person—\n(a) furnish each sleeping apartment with a sufficient number of beds and sufficient bed linen of\ngood quality;\n(b) ensure that each bed—\n(i) has a mattress and pillow;\n(ii) is provided with a pillow case, two sheets, a blanket or rug and, in cold weather, not less\nthan one additional blanket or rug; and\n(iii) has a mattress and pillow protectors fitted;\n(c) furnish each bedroom so that there are adequate storage facilities for belongings within the\nroom; and\n(d) not cause or permit any tiered beds or bunks to be used in a sleeping apartment other than in\na lodging house used exclusively as a short term hostel or recreational campsite.\n10.20 Ventilation\nIf, in the opinion of an authorised person, a kitchen, bathroom, toilet, laundry or habitable room is not\nadequately or properly ventilated, the authorised person may give written notice to the keeper to\nprovide a different or additional method of ventilation.\n10.21 Room identification\n(1) A keeper shall number each room available to a lodger in a lodging house or provide an alternative\nmeans of identification approved by an authorised person.\n(2) The numbering system or alternative means of room identification is to be—\n(a) legible and easily identified; and\n(b) placed on or adjacent to each door to a habitable room.\nDivision 3—Management and care\n10.22 Duties of keeper\nWhenever there are one or more lodgers in a lodging house, a keeper or manager shall—\n(a) reside continuously in the lodging house; and\n(b) not be absent from the lodging house unless arrangements for a reputable person to have the\ncare and management of the lodging house have been made.\n10.23 Register of lodgers\n(1) A register of lodgers shall be kept in accordance with section 157 of the Act and this clause.\n(2) A keeper shall keep a register of lodgers recording the following details—\n(a) date of arrival;\n(b) name;\n(c) details sufficient to trace and contact each lodger should the need arise;\n(d) room number; and\n(e) date of departure.\n(3) The register of lodgers shall be—\n(a) kept in the lodging house; and\n(b) open to inspection at any time on demand by a police officer or by an authorised person.\n(4) The register shall be kept for a minimum of 3 years.\n10.24 Keeper report\nA keeper shall, whenever required by a police officer or an authorised person, provide a report\ncontaining the details of clause 10.23(2).\n10.25 Certificate in respect of sleeping accommodation\n(1) An authorised person may issue to a keeper a certificate of sleeping accommodation, in respect of\neach room, which shall be in the form determined by the local government from time to time.\n(2) The certificate issued under subclause (1) shall specify the maximum number of persons who shall\nbe permitted to occupy each room as a sleeping apartment at any one time.\n(3) The certificate of registration shall be displayed in the reception area accessible by those visiting\n(4) When required by an authorised person, a keeper shall exhibit the certificate issued under this\nclause in a conspicuous place in the room to which it refers.\n(5) A person shall not permit or allow to be permitted a greater number of persons than is specified on\na certificate issued under this clause to occupy the room to which it refers.\n\n16 February 2022 GOVERNMENT GAZETTE, WA 387\n10.26 Duplicate keys and inspection\nA keeper and manager of accommodation shall—\n(a) retain possession of a duplicate key to the door of each room; and\n(b) when required by an authorised person, open the door of any room for the purposes of inspection\nby the authorised person.\n10.27 Room occupancy\n(1) A keeper shall not—\n(a) permit or allow to be permitted more than the maximum number of persons permitted by the\ncertificate of registration of a lodging house issued under clause 10.4(1) to be lodged at any one\ntime in the accommodation;\n(b) place or permit to be placed or kept in any sleeping apartments—\n(i) a larger number of beds; or\n(ii) a larger quantity of bedding,\nthan is required to accommodate and provide for the maximum number of persons permitted to\noccupy the sleeping apartment at any one time; and\n(c) use or permit to be used for sleeping purposes a room that—\n(i) has not been certified for that purpose; or\n(ii) an authorised person has forbidden to be used as a sleeping apartment.\n(2) For the purpose of this clause, two children under 10 years of age shall be counted as one lodger.\n10.28 Maintenance of a room by a lodger or resident\n(1) A keeper may permit, or contract with, a lodger or resident to service, clean or maintain the room\nor rooms occupied by the lodger or resident.\n(2) Where permission is given or a contract entered into under subclause (1), the keeper of a lodging\nhouse shall—\n(a) inspect each room the subject of the permission or agreement at least once a week; and\n(b) ensure that each room is being maintained in a clean and sanitary condition.\n(3) A lodger or resident who contracts with a keeper to service, clean or maintain a room occupied by\nhim or her, shall maintain the room in a clean and sanitary condition.\n10.29 Cleaning and maintenance requirements\nA keeper shall—\n(a) maintain in a clean, sound and undamaged condition—\n(i) the floor, walls, ceilings, woodwork and painted surfaces;\n(ii) the floor coverings and window treatments; and\n(iii) the toilets, including toilet seats, cisterns and associated plumbing;\n(b) maintain in a clean condition and in good working order—\n(i) all fixtures and fittings; and\n(ii) windows, doors and door furniture;\n(c) ensure that the internal walls of each bathroom and toilet are painted so as to maintain a\nsmooth, impervious washable surface;\n(d) ensure that all floors are kept clean at all times;\n(e) ensure that—\n(i) all bed linen, towels and house linen in use is washed at least once a week;\n(ii) within a reasonable time of a bed having been vacated by a lodger or resident, the bed\nlinen is removed and washed;\n(iii) a person does not occupy a bed, which has been used by another person, unless the bed\nhas been provided with clean bed linen;\n(iv) all beds, bedsteads, blankets, rugs, covers, bed linen, towels and house linen are kept\nclean, in good repair and free from vectors of disease;\n(v) when any vectors of disease are found in a bed, furniture, room or sleeping apartment,\neffective action is taken to eradicate the vectors of disease without delay; and\n(vi) a room, which is not free from vectors of disease, is not used as a sleeping apartment;\n(f) when so directed by written notice given by an authorised person, ensure that—\n(i) a room, together with its contents and any other part of the lodging house, is cleaned and\ndisinfected; and\n(ii) a bed or other article of furniture is removed from the lodging house and properly\ndisposed of;\n(g) ensure that the yard is kept clean at all times; and\n(h) provide all bedrooms, passages, common areas, toilets, bathrooms and laundries with adequate\nlighting.\n\n","sortOrder":47},{"sectionNumber":"388","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"388 GOVERNMENT GAZETTE, WA 16 February 2022\n10.30 Responsibilities of lodgers and residents\nA lodger or resident shall not—\n(a) use any room available to lodgers—\n(i) as a shop, store or factory; or\n(ii) for manufacturing or trading services;\n(b) keep or store in or on the lodging house any goods or materials which are inflammable or\noffensive;\n(c) use a bath or hand wash basin other than for ablutionary purposes;\n(d) use a bathroom facility or fitting for laundry purposes;\n(e) use a sink installed in a kitchen or scullery for any purpose other than the washing and cleaning\nof cooking and eating utensils, other kitchenware or culinary purposes;\n(f) deposit rubbish or waste food other than into a proper rubbish receptacle;\n(g) in a kitchen or other place where food is kept—\n(i) wash or permit the washing of clothing or bedding; or\n(ii) keep or permit to be kept any soiled clothing or bedding;\n(h) subject to clause 10.31—\n(i) keep, store, prepare or cook food in any sleeping apartment; or\n(ii) unless sick or invalid and unable to leave a sleeping apartment for that reason, use a\nsleeping apartment for dining purposes;\n(i) place or keep, in any part of a lodging house, any luggage, clothing, bedding or furniture that\nis infested with vectors of disease;\n(j) store or keep items other than personal effects—\n(i) in any kitchen, living or sleeping apartment so as to prevent the cleaning of the floors,\nwalls, fittings or fixtures; or\n(ii) in a sleeping apartment so as to decrease the air space to less than the minimum required\nby this Part;\n(k) obstruct or prevent the keeper or manager from inspecting or examining the room or rooms\noccupied by the lodger or resident; and\n(l) fix any fastener or change any lock to a door or room without the written approval of the keeper.\n10.31 Approval for storage and consumption of food\n(1) An authorised person may—\n(a) upon written application from a keeper of a lodging house, approve the storage of food within\na refrigerator or sealed container in a sleeping apartment; and\n(b) withdraw the approval if a nuisance, vector of disease, vermin or infestation is found to exist\nin the lodging house.\n(2) The keeper of a serviced apartment may permit the storage and consumption of food within that\napartment if suitable storage and dining facilities are provided.\n10.32 Infectious disease\nA keeper shall without delay after becoming aware that a lodger or resident is suffering from a\nnotifiable infectious disease notify an authorised person.\nPART 11—OFFENSIVE TRADES\n11.1 Interpretation\noffensive trade means any trades as defined by section 186 of the Act, and includes—\n(a) establishments carrying out gut scraping or preparation of sausage skins;\n(b) knackeries;\n(c) laundromats and dry cleaning premises;\n(d) livestock saleyards;\n(e) establishments for caged poultry farming or poultry processing;\n(f) establishments for caged rabbit farming; and\n(g) establishments for shellfish and crustacean processing, excluding retail fish shop; and\npremises means those premises in or upon which an offensive trade is carried on.\n11.2 Application to establish an offensive trade\n(1) A person seeking the consent of the local government under section 187 of the Act to establish an\noffensive trade shall—\n(a) advertise notice of his or her intention to apply for consent in accordance with clause 11.3; and\n(b) lodge an application with the local government.\n\n16 February 2022 GOVERNMENT GAZETTE, WA 389\n(2) In addition to clause 12.1 an application for registration to establish an offensive trade shall include\nbut is not limited to the addition following details—\n(a) description of proposed offensive trade;\n(b) details of operations—\n(i) days and times of operation;\n(ii) quantities of materials—received and dispatched;\n(iii) quantities of waste materials or products;\n(iv) arrangements for disposal of waste materials or products;\n(c) plans and specifications of the buildings proposed to be erected or used in connection with the\nproposed offensive trade are attached;\n(d) details of advertising, notification to adjoining properties; and\n(e) accompanied by the fee prescribed in the Health (Offensive Trades Fees) Regulations 1976 as\namended from time to time.\n11.3 Notice of application\nA notice required under subclause 11.2(1)(a) shall—\n(a) contain the name and address of the person who intends to make the application;\n(b) contain a description of the nature of the offensive trade;\n(c) contain details of the premises in or upon which it is proposed to carry on the proposed trade;\nand\n(d) appear in a local newspaper at least two weeks but not more than one month before the\napplication under clause 11.2(1)(b) is lodged with the local government.\n11.4 Registration of premises\nRegistration of premises for an offensive trade is to be in accordance with section 191 of the Act.\n11.5 Certificate of registration of premises for offensive trade\n(1) In addition to clause 12.2(3) a certificate of registration of premises for an offensive trade is to\ninclude the—\n(a) name of business;\n(b) address of approved offensive trade premises;\n(c) type of offensive trade;\n(d) name of owner;\n(e) name of manager if the manager is not the owner;\n(f) period of licence;\n(g) conditions imposed, if any; and\n(h) approved times of operation.\n(2) The certificate of registration shall be displayed in the reception area accessible by those visiting\n11.6 Transfer of business premises\n(1) Transfer of an offensive trade to alternative premises is subject to clauses 11.2 and 11.4.\n(2) For avoidance of doubt, registration of premises is specific to the premises registered, and is non-\ntransferable.\n11.7 Alterations to premises\nWhile any premises remain registered under this Division, a person shall not, without the written\npermission of an authorised person, make or permit any change or alteration to the premises, other\nthan minor repairs, installations or interior refurbishment.\nDivision 2—General duties of an occupier\n11.8 Interpretation\npremises means those premises in or upon which an offensive trade is carried on; and\nvectors of disease has the meaning given to it in clause 8.1.\n11.9 Cleanliness of premises etc.\n(a) keep or cause to be kept in a clean and sanitary condition and in a state of good repair the\nfloors, walls and ceilings and all other portions of the premises;\n(b) keep or cause to be kept in a clean and sanitary condition and in a state of good repair all\nfittings, fixtures, appliances, equipment, implements, shelves, counters, tables, benches, bins,\ncabinets, sinks, drain boards, drains, grease traps, tubs, containers and other things used on\nor in connection with the premises;\n(c) keep the premises free from any unwholesome or offensive odour arising from the premises;\n\n","sortOrder":48},{"sectionNumber":"390","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"390 GOVERNMENT GAZETTE, WA 16 February 2022\n(d) maintain in a clean and tidy condition all yards, footpaths, passage ways, paved areas, stores\nor outbuildings used in connection with the premises; and\n(e) clean daily and at all times keep and maintain all sanitary conveniences and all sanitary\nfittings and grease traps on the premises in a clean and sanitary condition.\n11.10 Sanitary conveniences and hand wash basins\nThe occupier shall provide on the premises in an approved position sufficient sanitary conveniences and\nhand wash basins, each with an adequate supply of hot and cold water for use by employees and by all\nother persons lawfully upon the premises.\n11.11 Painting of walls etc.\nThe occupier shall cause the internal surface of every wall, the underside of every ceiling or roof and\nall fittings in and on the premises to be cleaned and painted when directed by written notice given by\nan authorised person.\n11.12 Effluvia, odours, gases or dust\n(a) provide, use and maintain in a state of good repair and working order, appliances and\npreventive measures capable of effectively destroying or of rendering harmless all offensive\neffluvia, odours, dust or gases arising in any process of his or her business or from any material,\nresidue or other substance which may be kept or stored upon the premises; and\n(b) manage and operate the premises such that odours emanating from the premises do not\nunreasonably interfere with the health, welfare, convenience, comfort or amenity of any person.\n11.13 Receptacles for disposal of offensive material\n(a) provide on the premises impervious receptacles of sufficient capacity to receive all offensive\nmaterial and trade refuse produced upon the premises in any one day;\n(b) keep airtight covers on the receptacles, except when it is necessary to place something in or\nremove something from them;\n(c) cause all offensive material and trade refuse to be placed in the receptacles without delay;\n(d) cause the contents of the receptacles to be removed from the premises at least once per week\nor as directed by written notice given by an authorised person; and\n(e) cause all receptacles after being emptied to be cleaned with an efficient disinfectant without\ndelay.\n11.14 Storage of materials\nThe occupier shall cause all material on the premises to be stored so as not to be offensive or injurious\nto health whether by inhalation or otherwise and so as to prevent the creation of a nuisance.\n11.15 Sleeping on premises\nA person shall not use or permit any room in premises used for an offensive trade to be used for sleeping\npurposes.\n11.16 Written notice\nAn authorised person may give to the occupier written notice to prevent or diminish the offensiveness\nof a trade or to safeguard the public health.\nDivision 3—Fat rendering establishments\n11.17 Interpretation\nfat rendering establishments means premises where edible fats including suet, dripping or\npremier jus are rendered down by any heat processing method.\n11.18 Ventilation\nThe occupier shall provide and maintain—\n(a) a hood which shall—\n(i) be of an approved design and construction;\n(ii) be situated so as to arrest all effluvia, odours and smoke from the process of fat rendering;\nand\n(iii) extend a minimum of 150 millimetres beyond the length of each appliance; and\n(b) an exhaust ventilation system—\n(i) the point of discharge of which shall be at least one metre above the ridge of a pitched\nroof or three metres above a flat roof and shall not be located within six metres of an\nadjoining property or any fresh air intake; and\n(ii) which shall discharge in such manner and in such a position that no nuisance is created.\n11.19 Covering of apparatus\nExternal parts of the fat rendering apparatus shall be constructed or covered with smooth, noncorrosive\nand impervious material, devoid of holes, cracks and crevices.\n\n16 February 2022 GOVERNMENT GAZETTE, WA 391\n11.20 Walls to be impervious\nThe occupier shall cause walls and ceiling within three metres of the rendering apparatus or equipment\nto be a smooth, impervious surface to ceiling height, devoid of holes, cracks and crevices.\nDivision 4—Fish premises\n11.21 Interpretation\nappliance includes a utensil, an instrument, a cover, a container or apparatus;\nfish means fresh fish, frozen fish, chilled fish and cooked fish, whether cleaned, uncleaned or part\ncleaned and includes crustaceans and molluscs but does not include—\n(a) fish which has been cured, preserved, hermetically canned or treated to prevent\nputrefaction; or\n(b) cleaned fish supplied in cartons or packets by a packer and sold in such cartons or packets\nif they are at all times kept in a deep freeze refrigeration unit at a temperature not\nexceeding minus 15 degrees Celsius;\nfish premises includes fish processing establishments, fish curing establishments and shellfish\nand crustacean processing establishments but does not include retail fish shops in which no\nsignificant fish processing occurs;\nfish transport vehicle includes—\n(a) an appliance attached to, carried in or used in connection with a vehicle; and\n(b) a trailer and a portable box, used or designed to be used for the transport or storage of fish;\nand\nportable box means a box for the transport or storage of fish and includes a fish transport vehicle.\n11.22 Fish preparation room\n(1) The occupier of a fish premises which requires a fish processing or preparation room shall ensure\nthat this room complies with the following requirements—\n(a) the walls shall be a smooth, impervious surface to ceiling height, devoid of holes, cracks and\ncrevices;\n(b) the floor shall be a smooth, impervious and durable surface;\n(c) the minimum floor area shall be nine square metres;\n(d) the room shall be furnished with a hand wash basin connected to a piped supply of hot and cold\nwater; and\n(e) the room shall be fly-proofed and provided with adequate light and ventilation.\n(2) The occupier shall ensure that all fish are prepared in the fish processing or preparation room and\nthat room shall be used solely for that purpose.\n(3) The occupier of a fish premises shall provide, in or easily accessible from each fish preparation room,\ncleaning facilities consisting of a double bowl stainless steel wash trough of adequate size to\naccommodate the equipment and utensils used on the premises, connected to a piped supply of hot and\ncold water.\n11.23 Bench\nThe occupier of a fish premises shall provide and maintain on the premises a separate stainless steel\nbench for the handling of fish.\n11.24 Disposal of waste\nThe occupier of a fish premises shall cause all offal and wastes, all rejected and unsaleable fish and any\nrubbish or refuse which is likely to be offensive or a nuisance to be—\n(a) placed in the receptacles referred to in clause 11.13 and disposed of in accordance with that\nclause; or\n(b) kept in a frozen state in an approved enclosure before its removal from the premises.\n11.25 Fish containers\nThe occupier of a fish premises shall not allow any box, basket or other container used for the transport\nof fish to—\n(a) remain on the premises longer than is necessary for it to be emptied; or\n(b) be kept so as to cause a nuisance or to attract flies.\n11.26 Cooking of fish\nWhere cooking of fish is carried out in a fish premises, the occupier shall provide and maintain—\n(a) a hood, which shall be of an approved design and construction in accordance with the\nrequirements of AS 1668.2:2012 and so situated as to capture and remove all effluvia, odours\nand smoke from the process of cooking; and\n(b) an exhaust ventilation system—\n(i) the point of discharge of which shall be at least one metre above the ridge of a pitched\nroof or three metres above a flat roof and shall not be located within six metres of an\nadjoining property or any fresh air intakes; and\n(ii) which shall discharge in such manner and in such a position that no nuisance is created.\n\n","sortOrder":49},{"sectionNumber":"392","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"392 GOVERNMENT GAZETTE, WA 16 February 2022\n11.27 Use of an approved portable box\nAn authorised person may permit an approved portable box to be used for the transport or storage of\nfish.\n11.28 Fish transport vehicle\nA person shall not use a fish transport vehicle for the transport or storage of fish unless it is so\nconstructed, equipped and maintained that—\n(a) the frame is made of metal or other approved material;\n(b) all internal surfaces—\n(i) are made of metal or approved impervious plastic substance, which may include stainless\nsteel, aluminium, galvanised iron, fibreglass, or other material of similar strength and\nimpermeable qualities;\n(ii) are smoothly finished;\n(iii) are rigidly secured with a solid backing; and\n(iv) have floor and vertical angles coved with not less than a 9.5 millimetre radius, but, if all\nnecessary floor joints are effectively sealed, the surface of the floor, or part of it, may be\nof an approved tread type track material;\n(c) internal horizontal joints made between metal sheeting are lapped from top to bottom and\neither—\n(i) continuously welded; or\n(ii) lapped with a minimum of 40 millimetres cover secured with blind rivets and sealed with\na durable, non-absorbent sealing material;\n(d) the vehicle is effectively insulated with a stable insulating material;\n(e) the vehicle has, at the rear or side, doors that are made in the manner provided by paragraphs\n(a), (b), (c) and (d) of this clause, are close fitting, and have a suitable locking device fitted;\n(f) the vehicle is fitted with shelves and grids, made of impervious material, in such a manner that\nthe shelves and grids may be easily removed;\n(g) any containers used in the vehicle for fish are made of stainless steel, fibreglass or approved\nimpervious plastic; and\n(h) the vehicle is in good repair and condition and is thoroughly clean.\nDivision 5—Laundries, dry cleaning establishments and dye works\n11.29 Interpretation\ndry cleaning establishment—\n(a) means premises where clothes or other articles are cleaned by use of solvents without using\nwater; but\n(b) does not include premises in which perchlorethylene or arklone is used as dry cleaning\nfluid in a fully enclosed machine operating on a full cycle;\ndye works means a place where articles are commercially dyed; but does not include dye works in\nwhich provision is made for the discharge of all liquid waste there from, into a public sewer;\nexempt laundromat means premises in which—\n(a) laundering is carried out by members of the public using machines or equipment provided\nby the owners or occupiers of those establishments;\n(b) laundering is not carried out by those owners or occupiers for or on behalf of other persons;\nand\n(c) provision is made for the discharge of all liquid waste therefrom into a public sewer;\nlaundromat means a public place with coin operated washing machines, spin dryers or dry\ncleaning machines;\nlaundry means any place where articles are laundered for the purpose of trade but does not include\nan exempt laundromat; and\nliquid waste has the same meaning as in clause 4.1.\n11.30 Receiving depot\nAn owner or occupier of premises shall not use or permit the premises to be used as a receiving depot\nfor a laundry, dry cleaning establishment or dye works except with the written permission of an\nauthorised person who may at any time withdraw such permission in writing.\n11.31 Reception room\n(1) The occupier of a laundry, dry cleaning establishment or dye works shall—\n(a) provide a reception room in which all articles brought to the premises for treatment shall be\nreceived and shall not receive or permit to be received any such articles except in that room;\nand\n(b) cause such articles as may be directed by written notice given by an authorised person to be\nthoroughly disinfected.\n\n16 February 2022 GOVERNMENT GAZETTE, WA 393\n(2) A person shall not bring or permit food to be brought into the reception room referred to in this\nclause.\n11.32 Walls and floors\nThe occupier of a laundry, dry cleaning establishment or dye works shall cause—\n(a) the internal surfaces of all walls shall be a smooth, impervious surface to ceiling height;\n(b) the floor to be impervious, constructed of concrete or other material approved by an authorised\nperson and finished to a smooth surface; and\n(c) every floor and wall of any building on the premises to be kept at all times in good order and\nrepair, so as to prevent the absorption of any liquid which may be splashed or spilled or may\nfall or be deposited on it.\n11.33 Laundry floor\nThe occupier of a laundry shall provide in front of each washing machine a non–corrosive grating, at\nleast 910 millimetres in width, so constructed as to prevent any person from standing in water on the\nfloor.\n11.34 Escape of dust\nThe occupier of a dry cleaning establishment shall provide effective means to prevent the escape into\nthe open air of all dust or other material from the premises.\n11.35 Precautions against combustion\nThe occupier of a dry cleaning establishment where volatile liquids are used shall take all proper\nprecautions against combustion and shall comply with any written notice given by an authorised person\nfor that purpose.\n11.36 Trolleys\nThe occupier of a dry cleaning establishment shall—\n(a) provide trolleys for the use of transporting dirty and clean linen; and\n(b) ensure that each trolley is—\n(i) clearly designated to indicate the use for which it is intended;\n(ii) lined internally with a smooth impervious non–absorbent material that is easily cleaned;\nand\n(iii) thoroughly cleaned and disinfected on a regular basis.\nDivision 6—Abattoirs\n11.37 Construction of abattoirs\nAn abattoir shall conform to relevant standards as adopted under the Food Act 2008 section 144(6) and\nthe requirements of the Food Regulations 2009.\nPART 12—LICENCING\n12.1 Application for licence\n(1) Where a person is required to obtain a licence under this local law, that person shall apply for the\nlicence in accordance with subclause (2).\n(2) An application for a licence under this local law shall—\n(b) be signed by the applicant;\n(d) include full name, contact details and residential address of owner;\n(e) include where appropriate, if owner is not to be the manager, proposed arrangements for\nmanager;\n(f) include where appropriate, the address of premises to be registered; and\n(g) be forwarded to the local government together with any set fee.\n(3) An authorised person may require an applicant to provide additional information reasonably related\nto an application before determining an application for a licence.\n(4) An authorised person may require an applicant to give local public notice of the application for a\n(5) An authorised person may refuse to consider an application for a licence which is not in accordance\nwith subclause (2) or where the requirements of subclause (3) or (4) have not been satisfied.\n12.2 Decision on application for licence\n(1) An application not complying with the local planning scheme will not be approved.\n(2) An authorised person may—\n(a) approve an application for a licence unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a licence.\n\n","sortOrder":50},{"sectionNumber":"394","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"394 GOVERNMENT GAZETTE, WA 16 February 2022\n(3) If an authorised person approves an application for a licence, the licence is to be issued to the\napplicant in the form determined by the local government.\n(4) If an authorised person refuses to approve an application for a licence, written advice of that refusal\nis to be given to the applicant.\n(5) An authorised person may, at any time, amend a condition of approval and the amended condition\ntakes effect when written advice of it is given to the licensee.\n12.3 General restrictions on grant of licence\n(1) An authorised person shall not grant a licence if there are reasonable grounds for believing that the\nprovision of the activity to which the application relates would constitute a nuisance or unacceptable\nrisk to the health or safety of the public.\n(2) An authorised person shall not grant a licence unless an authorised person is 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 licence;\n(b) a licence or similar authority granted or issued to the applicant has not been revoked in the\nperiod of 5 years before the application is made; and\n(c) the applicant is a fit and proper person to carry on the activity.\n12.4 Examples of conditions\nExamples of conditions that an authorised person may impose on a licence under clause 12.2(2)(a) or\n13.7(1)(a) include but are not limited to—\n(a) the payment of a set fee;\n(b) compliance with a standard or a policy adopted by the local government;\n(c) restrictions on the erection or use of materials, external signs or decorations;\n(d) the duration and commencement of the licence;\n(e) the commencement of the licence being contingent on the occurrence of an event;\n(f) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n(g) the approval of another application for a licence which may be required by the local government\n(h) the area of the district to which the licence applies; and\n(i) the obtaining of public risk insurance in an amount and on terms reasonably required by an\nauthorised person.\n12.5 Imposing conditions under a policy\npolicy means a policy made under section 2.7(2)(b) of the Local Government Act 1995 containing\nconditions subject to which an application for a licence may be approved or varied under clauses\n12.2(2)(a) or 12.7(1)(a).\n(2) Under clauses 12.2(2)(a) or 12.7(1)(a) an authorised person may approve an application subject to\nconditions by reference to a policy.\n(3) An authorised person is to give to the licensee a copy of the policy or the part of the policy which is\nrelevant to the application for a licence, with the form of licence referred to in clauses 12.2(3) or 12.7(2).\n(4) An application for a licence is not to be taken to have been approved subject to the conditions\ncontained in a policy until an authorised person gives the licensee a copy of the policy or the part of the\npolicy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act apply to a policy and, for that purpose, a policy is deemed to be\ninformation within section 5.94(u)(i) of the Act.\n12.6 Compliance with conditions\nWhere an application for a licence has been approved or varied subject to conditions, the licensee shall\ncomply with each of those conditions, as amended.\n12.7 Variation of licence\n(1) An authorised person may, by written advice given to the licensee, vary a licence by—\n(a) imposing a new condition; or\n(b) changing or removing any existing condition.\n(2) An amendment may be made on application made by the licensee or at the initiative of an authorised\n(3) An amendment will come into effect on the day that written advice is given to the licensee, or other\ndate as specified in the notice.\nDivision 2—Duration of licences\n12.8 Duration of licence\n(1) A licence 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 licence; or\n(b) suspended or revoked under this Division.\n\n16 February 2022 GOVERNMENT GAZETTE, WA 395\n(2) Where a licence requires annual approval, a licensee shall pay to the local government the set fee\nfor the annual licence on or before 30 June in each year.\n12.9 Renewal of licence\n(1) A licensee may apply to an authorised person for the renewal of a licence.\n(2) An application for renewal shall—\n(b) be signed by the licensee;\n(d) be forwarded to the local government no later than 28 days before the expiry of the licence, or\nwithin a shorter period that an authorised person in a particular case permits; and\n(e) be accompanied by any set fee.\n(3) The provisions of this Part that apply to an application for a licence also apply to an application for\nthe renewal of a licence as though it were an application for a licence.\n12.10 Transfer of licence\n(1) An application for the transfer of a valid licence is to—\n(a) be made in writing;\n(b) be signed by the licensee and the proposed transferee of the licence;\n(c) include such information as an authorised person may require to enable the application to be\ndetermined;\n(d) be forwarded to the local government no later than 28 days before the intended transfer of the\nlicence, or within a shorter period that an authorised person in a particular case permits; and\n(e) be forwarded to the local government together with any set fee.\n(2) An authorised person may approve an application for the transfer of a licence, refuse to approve it\nor approve it subject to any conditions.\n(3) Where an authorised person approves an application for the transfer of a licence, the transfer may\nbe effected by an endorsement on the licence signed by an authorised person.\n(4) Where an authorised person approves the transfer of a licence, the local government is not required\nto refund any part of any set fee paid by the former licensee.\n12.11 Surrender of licence\nA licensee may surrender the licence at any time by written advice to an authorised person.\nDivision 3—Responsibilities of licensees and others\n12.12 Production of licence\nA licensee shall produce to an authorised person his or her licence when required to do so by that\nauthorised person without delay.\n12.13 Production of licence document for amendment\nIf an authorised person amends or renews a licence, the licensee shall, if required by the authorised\nperson, produce the licence document to the authorised person for amendment within the period\nspecified by the authorised person.\n12.14 False or misleading statement\nA person shall not make a false or misleading statement in connection with an application in respect of\na licence under this local law.\nPART 13—GIVING OF NOTICE\n13.1 Notice to remedy non-compliance\n(1) Where a breach of any provision of this local law has occurred, an authorised person may give\nwritten notice to the person alleged to be responsible for such breach.\n(2) A notice issued pursuant to subclause (1) shall—\n(c) specify the manner in which the recipient is required to remedy the breach to the satisfaction\nof the authorised person; and\n(d) specify the time period within which the work or action is to be undertaken.\n13.2 Notice of proposed suspension of licence\n(1) If an authorised person proposes to suspend a licence under clause 13.3(1), the authorised person is\nto give written notice to the licensee of the proposed suspension.\n(a) state that the authorised person proposes to suspend the licence;\n(b) state the reasons for the proposed suspension; and\n\n","sortOrder":51},{"sectionNumber":"396","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"396 GOVERNMENT GAZETTE, WA 16 February 2022\n(c) inform the licensee that the licensee is entitled to make representation to the authorised person\nin respect of the proposed suspension within 7 days after the day on which the licensee is given\nthe notice.\n(3) In considering whether to suspend the licence, the authorised person is to have regard to any\nrepresentations made by the licensee within the period referred to in subclause (2)(c).\n13.3 Notice of suspension of licence\n(1) Subject to clause 13.2 an authorised person may by written notice to the licensee, suspend a licence\nif there are reasonable grounds for believing that—\n(a) the licensee has contravened a term or condition of a licence;\n(b) the licensee has contravened a provision of this local law; or\n(c) the continued provision of the activity authorised by the licence constitutes or will constitute—\n(i) a nuisance; or\n(ii) an unacceptable risk to the safety, health or welfare of the public.\n(2) The suspension notice is to—\n(c) specify the day, or the day and time, on or at which the suspension takes effect;\n(d) specify the manner in which the recipient is required to remedy the breach to the satisfaction\nof an authorised person;\n(e) specify the time period within which the work or action is to be undertaken; and\n(f) inform the licensee that the licensee has a right to object or appeal the decision to suspend the\n(3) The suspension of a licence has effect on the day, or the day and time, specified in the suspension\nnotice until one of the following happens—\n(a) the licence expires;\n(b) the suspension is cancelled under clause 13.4;\n(c) the licence is revoked under clause 13.6; or\n(d) the licence is surrendered in accordance with the provisions of this local law.\n(4) Notwithstanding clause 13.2(2)(c) a suspension of a licence under subclause (1)(c) may have\nimmediate effect.\n13.4 Notice of cancellation of suspension of licence\nThe authorised person is to by written notice given to the licensee cancel the suspension of a licence if\nthe authorised person is satisfied that—\n(a) the steps specified in the suspension notice have been taken; or\n(b) it is appropriate to do so in the circumstances of a particular case.\n13.5 Notice of proposed revocation of licence\n(1) If an authorised person proposes to revoke a licence under clause 13.6(1), the authorised person is\nto give written notice to the licensee of the proposed revocation.\n(a) state that the authorised person proposes to revoke the licence;\n(b) state the reasons for the proposed revocation; and\n(c) inform the licensee that the licensee is entitled to make representation to the authorised person\nin respect of the proposed revocation within 7 days after the day on which the licensee is given\nthe notice.\n(3) In considering whether to suspend the licence, the authorised person is to have regard to any\nrepresentations made by the licensee within the period referred to in subclause (2)(c).\n13.6 Notice of revocation of licence\n(1) Subject to clause 13.5 an authorised person may by written notice to the licensee, revoke a licence\nif there are reasonable grounds for believing that—\n(a) the licence was obtained improperly;\n(b) the licensee has persistently or frequently contravened, whether or not the licence is or has\nbeen suspended on the grounds of a contravention of—\n(i) a term or condition of the licence; or\n(ii) a provision of this local law; or\n(c) the continued provision of the activity authorised by the licence constitutes or will constitute—\n(i) a nuisance; or\n(ii) an unacceptable risk to the safety, health or welfare of the public.\n(2) The notice of revocation shall—\n\n16 February 2022 GOVERNMENT GAZETTE, WA 397\n(c) specify the day, or the day and time, on or at which the revocation takes effect; and\n(d) inform the licensee that the licensee has a right to object or appeal the decision to suspend the\n(3) Notwithstanding clause 13.5(2)(c) revocation of a licence under subclause (1)(c) may have immediate\neffect.\n13.7 Local government may undertake requirements of notice\n(1) If a person fails to comply with a written notice referred to in clauses 13.1 or 13.3(2)(d) or (e) the\nlocal government may—\n(a) do or cause to be done, the thing specified in the written notice, including replace the property,\nor reinstate the property to the state it was in before the removal, damage or interference;\n(b) execute the work required by the written notice; and\n(c) recover all costs from the person, as a debt, in addition to any penalty for which that person\nmay be liable under this local law.\n(2) The local government is not liable to pay compensation or damages of any kind to the person referred\nto in subclause (1) in relation to any action taken by the local government under this clause, other than\ncompensation or damages for loss or damage suffered because the local government acted negligently\nor in breach of duty.\n(3) This local law is subject to sections 3.25, 3.27 and Schedules 3.1 and 3.2 of the Local Government\nAct 1995 and any power of entry exercised by the local government under this local law is subject to\nPart 3, Division 3, Subdivision 3 of the Act.\nPART 14—OBJECTIONS AND APPEALS\n14.1 Objections and appeals\nDivision 1 of Part 9 of the Local Government Act 1995 applies to a decision under this local law to grant,\nrenew, vary, transfer, suspend or revoke a licence.\nPART 15—ENFORCEMENT\n15.1 Offences\nA person commits an offence who—\n(a) fails to do anything required or directed by written notice given by an authorised person to be\ndone under this local law; or\n(b) fails to comply with a direction in writing given under this local law by an authorised person;\nor\n(c) fails to comply with the requirements of a written notice issued under this local law by an\nauthorised person; or\n(d) does anything which under this local law that person is prohibited from doing.\n15.2 General penalty\n(1) A person who commits an offence under clause 15.1 is liable to a penalty which is not more than\n$5000 and not less than $1000.\n(2) If the offence is a continuing offence, an additional penalty not more than $500 and not less than\n$250 for each day or part of a day during which the offence has continued.\n15.3 Modified penalties\n(1) An offence against a clause specified in the Schedule is a prescribed offence for the purposes of\nsection 9.16(1) of the Local Government Act 1995.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin the Schedule.\n15.4 Form of infringement notices\n(1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in\nsection 9.13 of the Local Government Act 1995 is that of Form 1 in Schedule 1 of the Local Government\n(Functions and General) Regulations 1996;\n(2) The form of the infringement notice referred to in section 9.16 of the Local Government Act 1995 is\nthat of Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; and\n(3) The form of the infringement withdrawal given under section 9.20 of the Local Government Act 1995\nis that of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996.\n————\n\n","sortOrder":52},{"sectionNumber":"398","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"398 GOVERNMENT GAZETTE, WA 16 February 2022\nSCHEDULE—MODIFIED PENALTIES\n[cl.15.3]\nItem Clause No. Nature of offence\n$\n1 2.4 Failure to provide sanitary conveniences in accordance with the\nrelevant Code\n2 4.3(2) Unauthorised disposal of liquid waste 500\n3 6.2(1) Failure to provide a dust management plan when required 500\n4 7.1(b) Failure to keep premises clean and disinfected when directed by\nan authorised person\n5 7.4(2) Keeping of fauna without approval of the relevant department 500\n6 7.10 Failure to keep a commercial poultry establishment in\naccordance with the relevant Code\n7 12.14 Providing false or misleading information 500\n8 13.1(1) Failure to comply with requirements of written notice 500\n9 13.3(1) Failure to comply with requirements of notice of suspension of\nlicence\n10 13.6(1) Failure to comply with requirements of notice of revocation of\nlicence\n11 15.1(a), (b)\n(c) or (d)\nAll other offences not specified 200\n————\n\n","sortOrder":53},{"sectionNumber":"400","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 February 2022","content":"400 GOVERNMENT GAZETTE, WA 16 February 2022\nBUSH FIRES ACT 1954\nBUSH FIRE BRIGADES AMENDMENT LOCAL LAW 2022\nUnder the powers conferred by the Bush Fires Act 1954 and the Local Government Act 1995 and under\nall other powers enabling it, the Council of the Shire of Menzies resolved on 27 January 2022 to adopt\nthe following local law.\n1. Citation\nThis local law may be cited as the Shire of Menzies Bush Fire Brigades Amendment Local Law 2022.\n2. Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government Gazette.\n3. Principal local law amended\nThis local law amends the Shire of Menzies Bush Fire Brigades Local Law 2015 published in the\nGovernment Gazette on 23 June 2015.\n4. Clause 2.2 amended\nDelete clause 2.2 and insert—\n2.2 Name and officers of bush fire brigade\n(1) On establishing a bush fire brigade under clause 2(1) the local government is to—\n(a) give a name to the bush fire brigade;\n(b) specify the brigade area in which the bush fire brigade is primarily responsible for carrying\nout the normal brigade activities; and\n(c) appoint—\n(i) a captain;\n(ii) a first lieutenant;\n(iii) a second lieutenant; and\n(iv) additional lieutenants if the local government considers it necessary.\n(2) A person appointed to a position pursuant to subclause (1)(c) is to be taken to be a brigade member.\n(3) The appointments referred to in subclause (1)(c) expire at the completion of the first annual general\nmeeting of the bush fire brigade.\n(4) In accordance with section 43 of the Act, the local government may remove or appoint officers of a\nbush fire brigade as deemed necessary or appropriate.\n(5) Subject to subclause (4)—\n(a) an election is to be held at the first annual general meeting by the members of the brigade for\nappointments to the positions referred to in subclause (1)(c) and every subsequent annual\ngeneral meeting.\n(b) if a position referred to in subclause (1)(c) becomes vacant prior to the completion of the first\nannual general meeting or at any time, then the brigade members are to vote for a replacement\nmember to fill the position.\n(6) The brigade members may elect, set the term of office, describe the duties of, and dismiss, any person\nto any other position including secretary, treasurer, equipment officer, training officer or other\npositions, and may combine those positions.\n5. Clause 3.3 amended\nDelete subclauses 3.3(2) and (3).\n6. Clause 3.5 amended\nIn subclause 3.5(e) delete the words “not later than 31 March”.\n7. Clause 3.5A inserted\nAfter clause 3.5 insert—\n3.5A Duties of other brigade officers\nThe duties of lieutenants are—\n(a) to support the Captain in his or her role; and\n(b) in the absence or inability of the Captain or more senior role, to act in that role in order of\nseniority.\n8. Clause 4.3 amended\nIn subclause 4.3(1) replace the word “March” with the word “August”.\n\n16 February 2022 GOVERNMENT GAZETTE, WA 401\n9. Clause 5.1 amended\nIn subclause 5.1(1) delete the words “between 1 April and 30 June”.\n————","sortOrder":54}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":445},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The amendment remains tightly focused on bush fire brigade governance procedures. It does not expand into new policy areas or substantially alter the original purpose of the parent local law."},"complexity_factors":["Short amendment with only 7 operative clauses","Straightforward procedural changes to existing local law","Minimal cross-referencing (only to Bush Fires Act 1954 and parent local law)","No new substantive offences or penalties introduced","Clear transitional mechanism (existing appointments convert to temporary)","Simple election mechanics described in plain language"],"plain_english_summary":"This amendment lets the Shire make only initial temporary appointments to volunteer bush fire brigade officers; after the first AGM, brigade members elect their own captain, lieutenants and any additional roles, which can be combined and have member-set terms. Lieutenants support and succeed the captain by seniority.\n\nIt also moves the annual report deadline from March to August and removes the April–June restriction. It increases democratic control for volunteers while preserving Council oversight to appoint or remove officers if necessary."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The package replaces and updates earlier local laws and modifies existing local‑law scope. The Public Places law repeals the 2007 thoroughfares/public places law (clause 1.4) and establishes new determination, licensing and enforcement structures for council land. The Health Local Law modernises sanitation, housing, pest and lodging‑house regulation by referencing the NCC and Australian Standards (Health Parts 2–11). The Bush Fire Brigades Amendment alters brigade officer appointments, lieutenant duties and timing provisions in the 2015 local law (Amendment clauses 4–9). These changes broaden and clarify regulatory detail and increase CEO/authorised‑person discretion and administrative compliance duties."},"complexity_factors":["Three separate but related instruments consolidated in one package (Public Places; Health; Bush Fire Brigades amendment) creating cross-domain regulatory complexity.","Extensive cross‑references to State Acts and external technical standards (Local Government Act 1995; Bush Fires Act 1954; Health Act 1911; Building Act 2011; Liquor Control Act 1988; NCC; multiple Australian Standards).","Multiple licensing regimes with application, decision, condition, amendment, suspension, transfer and review processes (see Public Places clauses 10.1–10.21; Health clauses 12.1–12.14).","High degree of administrative discretion vested in the CEO or authorised persons to grant/exempt/condition licences and determinations (Public Places clauses 1.9, 2.1–2.6, 3.1(2), 10.2; Health clauses 12.2, 12.3).","Detailed technical and site‑specific requirements (sanitation, laundry, ventilation, stormwater, pest control, lodging house standards) referencing measurable thresholds and building codes (Health Parts 2–11).","Layered enforcement framework: written notices, powers to undertake remedial work and recover costs, infringement/more serious penalties and continuation penalties for ongoing breaches (Public Places Part 11; Health Parts 13–15; offence schedules).","Transitional provisions and repeal/modernisation of prior local laws requiring administrative migration of existing licences and signs (Public Places clause 1.5; clause 2.9; repeal clause 1.4).","Townsite‑specific rules and exceptions (permitted verge treatments limited to Menzies and Kookynie—Public Places clause 6.6–6.10) increasing localized application detail.","Numerous quantified obligations and limits (set distances, minimum areas, speed limits, time limits, penalty amounts) that increase compliance monitoring needs (see multiple clauses and Schedules).","Bush Fire Brigades amendment alters governance structure and timing for brigades (appointment, election and lieutenant duties) introducing operational change for volunteer brigades (Bush Fire Brigades Amendment clauses 4–9)."],"plain_english_summary":"This package contains three Shire of Menzies local laws. The Public Places and Local Government Property Local Law sets when and how people may use streets, parks and other council land, and establishes licences, determinations and penalties. The Health Local Law sets sanitary, housing, waste, pest, animal and lodging‑house standards and licensing rules. The Bush Fire Brigades Amendment changes brigade officer appointments, lieutenant duties and some election/timing rules. Together they impose permit requirements, compliance duties, inspection and notice powers, and monetary penalties on residents, businesses, event organisers and brigade members."}},"importantCases":[],"_links":{"self":"/api/acts/bush-fire-brigades-amendment-local-law","history":"/api/acts/bush-fire-brigades-amendment-local-law/history","analysis":"/api/acts/bush-fire-brigades-amendment-local-law/analysis","conflicts":"/api/acts/bush-fire-brigades-amendment-local-law/conflicts","importantCases":"/api/acts/bush-fire-brigades-amendment-local-law/important-cases","documents":"/api/acts/bush-fire-brigades-amendment-local-law/documents"}}