{"id":"wa-local:fremantle-city-of-city-of-fremantle-local-government-property-local-law-2002","name":"City of Fremantle Local Government Property Local Law 2002","slug":"city-of-fremantle-local-government-property-local-law-2002","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438037,"registerId":"wa-local:fremantle-city-of-city-of-fremantle-local-government-property-local-law-2002-pdf-1775954627865","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"City of Fremantle Local Government Property Local Law 2002","content":"PRINT POST APPROVED PP665002/00041\n5447\nPERTH, MONDAY, 11 NOVEMBER 2002 No. 200 SPECIAL\nPUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nLOCAL GOVERNMENT ACT 1995\n_________\nCITY OF FREMANTLE\nLOCAL GOVERNMENT PROPERTY\nLOCAL LAW\n\n5448 GOVERNMENT GAZETTE, WA 11 November 2002\n\n11 November 2002 GOVERNMENT GAZETTE, WA 5449\nLOCAL GOVERNMENT ACT 1995\nCITY OF FREMANTLE\nLOCAL GOVERNMENT PROPERTY LOCAL LAW\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling\nit, the Council of the City of Fremantle resolved on 21 October 2002 to make the following local law.\nPART 1óPRELIMINARY\nCitation\n1.1 This local law may be cited as the City of Fremantle Local Government Property Local Law.\nDefinitions\n1.2 In this local law unless the context otherwise requiresó\nìActî means the Local Government Act 1995;\nìapplicantî means a person who applies for a permit under clause 3.2;\nìauthorised personî means a person authorised by the local government under section 9.10 of\nthe Act to perform any of the functions of an authorised person under this local law;\nìboatî means any ship, vessel or structure capable of being used in navigation by water, however\npropelled or moved, and includes a jet ski;\nìbuildingî means any building which is local government property and includes aó\n(a) hall or room;\n(b) corridor, stairway or annexe of any hall or room; and\n(c) jetty;\nìCEOî means the chief executive officer of the local government;\nìcommencement dayî means the day on which this local law comes into operation;\nìCouncilî means the council of the local government;\nìdate of publicationî means, where local public notice is required to be given of a matter under\nthis local law, the date on which notice of the matter is published in a newspaper circulating\ngenerally throughout the district;\nìdeterminationî means a determination made under clause 2.1;\nìdistrictî means the district of the local government;\nìfunctionî means an event or activity characterised by all or any of the followingó\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;\nìliquorî has the same meaning as is given to it in section 3 of the Liquor Licensing Act 1988;\nìlocal governmentî means the City of Fremantle;\nìlocal government propertyî means anything except a thoroughfareó\n(a) which belongs to the local government;\n(b) of which the local government is the management body under the Land Administration\nAct 1997; or\n(c) which is an ìotherwise unvested facilityî within section 3.53 of the Act;\nìManagerî means the person for the time being employed by the local government to control and\nmanage a pool area or other facility which is local government property and includes the\npersonís assistant or deputy;\nìpermitî means a permit issued under this local law;\nìpermit holderî means a person who holds a valid permit;\nìpersonî does not include the local government;\nìpool areaî means any swimming and wading pools and spas and all buildings, structures,\nfittings, fixtures, machinery, chattels, furniture and equipment forming part of or used in\nconnection with such swimming and wading pools and spas which are local government\nproperty;\n\n5450 GOVERNMENT GAZETTE, WA 11 November 2002\nìRegulationsî means the Local Government (Functions and General) Regulations 1996;\nìsignî includes a notice, flag, mark, structure or device approved by the local government on\nwhich may be shown words, numbers, expressions or symbols;\nìtradingî means the selling or hiring, or the offering for sale or hire of goods or services, and\nincludes displaying goods for the purpose ofó\n(a) offering them for sale or hire;\n(b) inviting offers for their sale or hire;\n(c) soliciting orders for them; or\n(d) carrying out any other transaction in relation to them; and\nìvehicleî includesó\n(a) every conveyance and every object capable of being propelled or drawn on wheels, tracks\nor otherwise; and\n(b) an animal being ridden or driven,\nbut excludesó\n(c) a wheel-chair or any device designed for use, by a physically impaired person on a\nfootpath;\n(d) a pram, a stroller or a similar device; and\n(e) a boat.\nInterpretation\n1.3 In this local law unless the context otherwise requires a reference to local government property\nincludes a reference to any part of that local government property.\nApplication\n1.4 (1) This local law applies throughout the district and in the sea adjoining the district for a\ndistance of 200 metres seawards from the high water mark of the Indian Ocean.\n(2) Notwithstanding anything to the contrary in this local law, the local government mayó\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.\nRepeal\n1.5 (1) The following local laws are repealedó\n(a) Parks, Recreation Grounds & Public Reserves Local Law gazetted on 6 December 1985 and\namended 25 September 1998.\n(b) Swimming Pools Local Law gazetted on 13 January 1971\n(2) Where a policy was made or adopted by the local government under or in relation to a local law\nrepealed by this local law, then the policy is to be taken to no longer have any effect on and from the\ncommencement day.\n(3) The Council may resolve that notwithstanding subclause (2), specified policies continue, or are to\nbe taken to have continued, to have effect on and from the commencement day.\nPART 2óDETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\nDivision 1óDeterminations\nDeterminations as to use of local government property\n2.1 (1) The local government may make a determination in accordance with clause 2.2ó\n(a) setting aside specified local government property for the pursuit of all or any of the activities\nreferred to in clause 2.7;\n(b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on\nspecified local government property;\n(c) as to the matters in clauses 2.7(2) and 2.8(2); and\n(d) as to any matter ancillary or necessary to give effect to a determination.\n(2) The determinations in Schedule 2ó\n(a) are to be taken to have been made in accordance with clause 2.2;\n(b) may be amended or revoked in accordance with clause 2.6; and\n(c) have effect on the commencement day.\nProcedure for making a determination\n2.2 (1) The local government is to give local public notice of its intention to make a determination.\n(2) The local public notice referred to in subclause (1) is to state tható\n(a) the local government intends to make a determination, the purpose and effect of which is\nsummarised in the notice;\n(b) a copy of the proposed determination may be inspected and obtained from the offices of the\nlocal government; and\n(c) submissions in writing about the proposed determination may be lodged with the local\ngovernment within 21 days after the date of publication.\n\n11 November 2002 GOVERNMENT GAZETTE, WA 5451\n(3) If no submissions are received in accordance with subclause (2)(c), the Council is to decide toó\n(a) give local public notice that the proposed determination has effect as a determination on and\nfrom the date of publication;\n(b) amend the proposed determination, in which case subclause (5) will apply; or\n(c) not continue with the proposed determination.\n(4) If submissions are received in accordance with subclause (2)(c) the Council is toó\n(a) consider those submissions; and\n(b) decideó\n(i) whether or not to amend the proposed determination; or\n(ii) not to continue with the proposed determination.\n(5) If the Council decides to amend the proposed determination, it is to give local public noticeó\n(a) of the effect of the amendments; and\n(b) that the proposed determination has effect as a determination on and from the date of\npublication.\n(6) If the Council decides not to amend the proposed determination, it is to give local public notice\nthat the proposed determination has effect as a determination on and from the date of publication.\n(7) A proposed determination is to have effect as a determination on and from the date of publication\nof the local public notice referred to in subclauses (3), (5) and (6).\n(8) A decision under subclause (3) or (4) is not to be delegated by the Council.\nDiscretion to erect sign\n2.3 The local government may erect a sign on local government property to give notice of the effect of\na determination which applies to that property.\nDetermination to be complied with\n2.4 A person shall comply with a determination.\nRegister of determinations\n2.5 (1) The local government is to keep a register of determinations made under clause 2.1, and of any\namendments to or revocations of determinations made under clause 2.6.\n(2) Sections 5.94 and 5.95 of the Act are to apply to the register referred to in subclause (1) and for\nthat purpose the register is to be taken to be information within section 5.94(u)(i) of the Act.\nAmendment or revocation of a determination\n2.6 (1) The Council may amend or revoke a determination.\n(2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment\nwere a proposed determination.\n(3) If the Council revokes a determination it is to give local public notice of the revocation and the\ndetermination is to cease to have effect on the date of publication.\nDivision 2óActivities which may be pursued or prohibited under a determination\nActivities which may be pursued on specified local government property\n2.7 (1) A determination may provide that specified local government property is set aside as an area\non which a person mayó\n(a) bring, ride or drive an animal;\n(b) take, ride or drive a vehicle, or a particular class of vehicle;\n(c) fly or use a motorised model aeroplane;\n(d) use a childrenís playground provided that the person is under an age specified in the\ndetermination, but the determination is not to apply to a person having the charge of a person\nunder the specified age;\n(e) launch, beach or leave a boat;\n(f) take or use a boat, or a particular class of boat;\n(g) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or\nnot in specified areas of that local government property;\n(h) play or practiceó\n(i) golf or archery;\n(ii) pistol or rifle shooting, but subject to the compliance of that person with the Firearms Act\n1973; 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;\n(i) ride a bicycle, a skateboard, rollerblades, a sandboard or a similar device; and\n(j) wear no clothing.\n(2) A determination may specify the extent to which and the manner in which an activity referred to\nin subclause (1) may be pursued and in particularó\n(a) the days and times during which the activity may be pursued;\n\n5452 GOVERNMENT GAZETTE, WA 11 November 2002\n(b) that an activity may be pursued on a class of local government property, specified local\ngovernment property or all local government property;\n(c) that an activity is to be taken to be prohibited on all local government property other than\nthat specified in the determination;\n(d) may limit the activity to a class of vehicles, boats, equipment or things, or may extend it to all\nvehicles, boats, equipment or things;\n(e) may specify that the activity can be pursued by a class of persons or all persons; and\n(f) may distinguish between different classes of the activity.\nActivities which may be prohibited on specified local government property\n2.8 (1) A determination may provide that a person is prohibited from pursuing all or any of the\nfollowing activities on specified local government propertyó\n(a) smoking on premises;\n(b) riding a bicycle, a skateboard, rollerblades, a sandboard or a similar device;\n(c) taking, riding or driving a vehicle on the property or a particular class of vehicle;\n(d) riding or driving a vehicle of a particular class or any vehicle above a specified speed;\n(e) taking or using a boat, or a particular class of boat;\n(f) the playing or practice ofó\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(g) the playing or practice of any ball game which may cause detriment to the property or any\nfauna on the property; and\n(h) the traversing of sand dunes or land which in the opinion of the local government has\nenvironmental value warranting such protection, either absolutely or except by paths\nprovided 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 particularó\n(a) the days and times during which the activity is prohibited;\n(b) that an activity is prohibited on a class of local government property, specified local\ngovernment property or all local government property;\n(c) that an activity is prohibited in respect of a class of vehicles, boats, equipment or things, or\nall vehicles, boats, equipment or things;\n(d) that an activity is prohibited in respect of a class of persons or all persons; and\n(e) may distinguish between different classes of the activity.\n(3) In this clauseó\nìpremisesî means a building, stadium or similar structure which is local government property,\nbut not an open space such as a park or a playing field.\nDivision 3óTransitional\nSigns taken to be determinations\n2.9 (1) Where a sign erected on local government property has been erected under a local law of the\nlocal government repealed by this local law, then it is to be taken to be and have effect as a\ndetermination on and from the commencement day, except to the extent that the sign is inconsistent\nwith any provision of this local law or any determination made under clause 2.1.\n(2) Clause 2.5 does not apply to a sign referred to in subclause (1).\nPART 3óPERMITS\nDivision 1óPreliminary\nApplication of Part\n3.1 This Part does not apply to a person who uses or occupies local government property under a\nwritten agreement with the local government to do so.\nDivision 2óApplying for a permit\nApplication for permit\n3.2 (1) Where a person is required to obtain a permit under this local law, that person shall apply for\nthe permit in accordance with subclause (2).\n(2) An application for a permit under this local law shalló\n(a) be in the form determined by the local government;\n(b) be signed by the applicant;\n(c) provide the information required by the form; and\n(d) be forwarded to the CEO together with any fee imposed and determined by the local\ngovernment under and in accordance with sections 6.16 to 6.19 of the Act.\n\n11 November 2002 GOVERNMENT GAZETTE, WA 5453\n(3) The local government may require an applicant to provide additional information reasonably\nrelated to an application before determining an application for a permit.\n(4) The local government may require an applicant to give local public notice of the application for a\npermit.\n(5) The local government may refuse to consider an application for a permit which is not in accordance\nwith subclause (2).\nDecision on application for permit\n3.3 (1) The local government mayó\n(a) approve an application for a permit unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a permit.\n(2) If the local government approves an application for a permit, it is to issue to the applicant, a\npermit in the form determined by the local government.\n(3) If the local government refuses to approve an application for a permit, it is to give written notice of\nthat refusal to the applicant.\nDivision 3óConditions\nConditions which may be imposed on a permit\n3.4 (1) Without limiting the generality of clause 3.3(1)(a), the local government may approve an\napplication for a permit subject to conditions relating toó\n(a) the payment of a fee;\n(b) compliance with a standard or a policy of the local government adopted by the local\ngovernment;\n(c) the duration and commencement of the permit;\n(d) the commencement of the permit being contingent on the happening of an event;\n(e) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n(f) the approval of another application for a permit which may be required by the local\ngovernment under any written law;\n(g) the area of the district to which the permit applies;\n(h) where a permit is issued for an activity which will or may cause damage to local government\nproperty, the payment of a deposit or bond against such damage; and\n(i) the obtaining of public risk insurance in an amount and on terms reasonably required by the\nlocal government.\n(2) Without limiting clause 3.3(1)(a) and subclause (1), the following paragraphs indicate the type and\ncontent of the conditions on which a permit to hire local government property may be issuedó\n(a) when fees and charges are to be paid;\n(b) payment of a bond against possible damage or cleaning expenses or both;\n(c) restrictions on the erection of material or external decorations;\n(d) rules about the use of furniture, plant and effects;\n(e) limitations on the number of persons who may attend any function in or on local government\nproperty;\n(f) the duration of the hire;\n(g) the right of the local government to cancel a booking during the course of an annual or\nseasonal booking, if the local government sees fit;\n(h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence is first\nobtained for that purpose under the Liquor Licensing Act 1988;\n(i) whether or not the hire is for the exclusive use of the local government property;\n(j) the obtaining of a policy of insurance in the names of both the local government and the hirer,\nindemnifying the local government in respect of any injury to any person or any damage to\nany property which may occur in connection with the hire of the local government property by\nthe hirer; and\n(k) the provision of an indemnity from the hirer, indemnifying the local government in respect of\nany injury to any person or any damage to any property which may occur in connection with\nthe hire of the local government property by the hirer.\nImposing conditions under a policy\n3.5 (1) In this clauseó\nìpolicyî means a policy of the local government adopted by the Council containing conditions\nsubject to which an application for a permit may be approved under clause 3.3(1)(a).\n(2) Under clause 3.3(1)(a) the local government may approve an application subject to conditions by\nreference to a policy.\n(3) The local government shall give a copy of the policy, or the part of the policy which is relevant to\nthe application for a permit, with the form of permit referred to in clause 3.3(2).\n\n5454 GOVERNMENT GAZETTE, WA 11 November 2002\n(4) An application for a permit shall be deemed not to have been approved subject to the conditions\ncontained in a policy until the local government gives the permit holder a copy of the policy or the\npart of the policy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy shall be\ndeemed to be information within section 5.94(u)(i) of the Act.\nCompliance with and variation of conditions\n3.6 (1) Where an application for a permit has been approved subject to conditions, the permit holder\nshall comply with each of those conditions.\n(2) The local government may vary the conditions of a permit, and the permit holder shall comply\nwith those conditions as varied.\nDivision 4óGeneral\nAgreement for building\n3.7 Where a person applies for a permit to erect a building on local government property the local\ngovernment may enter into an agreement with the permit holder in respect of the ownership of the\nmaterials in the building.\nDuration of permit\n3.8 A permit is valid for one year from the date on which it is issued, unless it isó\n(a) otherwise stated in this local law or in the permit; or\n(b) cancelled under clause 3.12.\nRenewal of permit\n3.9 (1) A permit holder may apply to the local government in writing prior to expiry of a permit for the\nrenewal of the permit.\n(2) The provisions of this Part shall apply to an application for the renewal of a permit mutatis\nmutandis.\nTransfer of permit\n3.10 (1) An application for the transfer of a valid permit is toó\n(a) be made in writing;\n(b) be signed by the permit holder and the proposed transferee of the permit;\n(c) provide such information as the local government may require to enable the application to be\ndetermined; and\n(d) be forwarded to the CEO together with any fee imposed and determined by the local\ngovernment under and in accordance with sections 6.16 to 6.19 of the Act.\n(2) The local government may approve an application for the transfer of a permit, refuse to approve it\nor approve it subject to any conditions.\n(3) Where the local government approves an application for the transfer of a permit, the transfer may\nbe effected by an endorsement on the permit signed by the CEO.\n(4) Where the local government approves the transfer of a permit, it is not required to refund any part\nof any fee paid by the former permit holder.\nProduction of permit\n3.11 A permit holder is to produce to an authorised person her or his permit immediately upon being\nrequired to do so by that authorised person.\nCancellation of permit\n3.12 (1) Subject to clause 8.1, a permit may be cancelled by the local government if the permit holder\nhas not complied with aó\n(a) condition of the permit; or\n(b) determination or a provision of any written law which may relate to the activity regulated by\nthe permit.\n(2) On the cancellation of a permit the permit holderó\n(a) shall return the permit as soon as practicable to the CEO; and\n(b) is to be taken to have forfeited any fees paid in respect of the permit.\nDivision 5óWhen a permit is required\nActivities needing a permit\n3.13 (1) A person shall not without a permitó\n(a) subject to subclause 3, hire local government property;\n(b) advertise anything by any means on local government property;\n(c) erect a structure for public amusement or for any performance, whether for gain or otherwise,\non local government property;\n(d) teach, coach or train, for profit, any person in a pool area or an indoor recreation facility\nwhich is local government property;\n\n11 November 2002 GOVERNMENT GAZETTE, WA 5455\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 conductedó\n(i) with the consent of a person who holds a permit to conduct a function, and where the\ntrading is carried on under and in accordance with the permit; or\n(ii) by a person who has a licence or permit to carry on trading on local government property\nunder any written law;\n(g) unless an employee of the local government in the course of her or his duties or on an area set\naside for that purposeó\n(i) drive or ride or take any vehicle on to local government property; or\n(ii) park or stop any vehicle on local government property;\n(h) conduct a function on local government property ;\n(i) charge any person for entry to local government property, unless the charge is for entry to\nland or a building hired by a voluntary non-profit organisation;\n(j) light a fire on local government property except in a facility provided for that purpose;\n(k) parachute, hang glide, abseil or base jump from or on to local government property;\n(l) erect a building or a refuelling site on local government property;\n(m) make any excavation on or erect or remove any fence on local government property;\n(n) erect or install any structure above or below ground, which is local government property, for\nthe purpose of supplying any water, power, sewer, communication, television or similar\nservice to a person;\n(o) depasture any horse, sheep, cattle, goat, camel, ass or mule on local government property; or\n(p) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly.\n(2) The local government may exempt a person from compliance with subclause (1) on the application\nof that person.\n(3) The local government may exempt specified local government property or a class of local\ngovernment property from the application of subclause (1)(a).\nPermit required to camp outside a facility\n3.14 (1) In this clauseó\nìfacilityî has the same meaning as is given to it in section 5(1) of the Caravan Parks and\nCamping Grounds Act 1995.\n(2) This clause does not apply to a facility operated by the local government.\n(3) A person shall not without a permitó\n(a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local\ngovernment property; or\n(b) erect any tent, camp, hut or similar structure on local government property other than a\nbeach shade or windbreak erected for use during the hours of daylight and which is\ndismantled during those hours on the same day.\n(4) The maximum period for which the local government may approve an application for a permit in\nrespect of paragraph (a) or (b) of subclause (3) is that provided in regulation 11(2)(a) of the Caravan\nParks and Camping Grounds Regulations 1997.\nPermit required for possession and consumption of liquor\n3.15 (1) A person, on local government property, shall not consume any liquor or have in her or his\npossession or under her or his control any liquor, unlessó\n(a) that is permitted under the Liquor Licensing Act 1988; and\n(b) a permit has been obtained for that purpose.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\nDivision 6óResponsibilities of permit holder\nResponsibilities of permit holder\n3.16 A holder of a permit shall in respect of local government property to which the permit relatesó\n(a) ensure that an authorised person has unobstructed access to the local government property\nfor the purpose of inspecting the property or enforcing any provision of this local law;\n(b) leave the local government property in a clean and tidy condition after its use;\n(c) report any damage or defacement of the local government property to the local government;\nand\n(d) prevent the consumption of any liquor on the local government property unless the permit\nallows it and a licence has been obtained under the Liquor Licensing Act 1988 for that purpose.\nPART 4óBEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY\nDivision 1óBehaviour on and interference with local government property\nBehaviour which interferes with others\n4.1 A person shall not in or on any local government property behave in a manner whichó\n(a) is likely to interfere with the enjoyment of a person who might use the property; or\n(b) interferes with the enjoyment of a person using the property.\n\n5456 GOVERNMENT GAZETTE, WA 11 November 2002\nBehavior detrimental to property\n4.2 (1) A person shall not behave in or on local government property in a way which is or might be\ndetrimental to the property.\n(2) In subclause (1)ó\nìdetrimental to the propertyî includesó\n(a) removing any thing from the local government property such as a rock, a plant or a seat\nprovided for the use of any person; and\n(b) destroying, defacing or damaging any thing on the local government property, such as a\nplant, a seat provided for the use of any person or a building.\nTaking or injuring any fauna\n4.3 (1) A person shall not, take, injure or kill or attempt to take, injure or kill any fauna which is on or\nabove any local government property, unless that person is authorised under a written law to do so.\n(2) In this clauseó\nìanimalî means any living thing that is not a human being or plant; and\nìfaunaî means any animal indigenous to or which periodically migrates to any State or Territory\nof the Commonwealth or the territorial waters of the Commonwealth and includes in relation\nto any such animaló\n(a) any class of animal or individual member;\n(b) the eggs or larvae; or\n(c) the carcass, skin, plumage or fur.\nIntoxicated persons not to enter local government property\n4.4 A person shall not enter or remain on local government property while under the influence of\nliquor or a prohibited drug.\nNo prohibited drugs\n4.5 A person shall not take a prohibited drug on to, or consume or use a prohibited drug on, local\ngovernment property.\nDivision 2óSigns\nSigns\n4.6 (1) A local government may erect a sign on local government property specifying any conditions of\nuse which apply to that property.\n(2) A person shall comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) isó\n(a) not to be inconsistent with any provision of this local law or any determination; and\n(b) to be for the purpose of giving notice of the effect of a provision of this local law.\nPART 5óMATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY\nDivision 1óSwimming pool areas\nWhen entry must be refused\n5.1 A Manager or an authorised person shall refuse admission to, may direct to leave or shall remove\nor cause to be removed from a pool area any person whoó\n(a) in her or his opinion isó\n(i) under the age of 6 years and who is unaccompanied by a responsible person over the age\nof 14 years;\n(ii) suffering from any contagious, infectious or cutaneous disease or complaint, or is in an\nunclean condition; or\n(iii) under the influence of liquor or a prohibited drug; or\n(b) is to be refused admission under and in accordance with a decision of the local government for\nbreaching any clause of this local law.\nConsumption of food or drink may be prohibited\n5.2 A person shall not consume any food or drink in an area where consumption is prohibited by a\nsign.\nDivision 2óBeaches\nPowers of surf life saving club members\n5.3 (1) Subject to subclause (2), the local government may authorise under section 9.10 of the Act the\nmembers of a surf life saving club to perform all or any of the following functions in relation to a\nbeachó\n(a) patrol any beach;\n(b) carry out any activity on any beach;\n\n11 November 2002 GOVERNMENT GAZETTE, WA 5457\n(c) erect signs designating bathing areas and signs regulating, prohibiting or restricting specified\nactivities on the whole or any part of a beach or in or on the water adjacent to the beach and\nto direct persons on the beach or in or on the water to comply with such signs;\n(d) temporarily enclose any area with rope, hessian, wire or any other means for the conduct of\nsurf life saving club activities; and\n(e) direct persons to leave the water adjacent to a beach during dangerous conditions or if a\nshark is suspected of being in the vicinity of a beach.\n(2) Under subclause (1), the local government shall authorise only those members who have been\nrecommended by the surf life saving club as competent to perform the functions referred to in that\nsubclause in respect of which they are authorised.\n(3) Under subclause (1), the local government may authorise members generally, or in relation to\nparticular times, days or months.\nAuthorizing other persons\n5.4 (1) A local government may authorise, under section 9.10 of the Act, a person to perform all or any\nof the functions referred to in clause 5.3(1) in relation to a beach.\n(2) Under subclause (1), the local government shall authorise only those persons who, in the\nreasonable opinion of the local government, are competent to perform the functions referred to in\nclause 5.3(1) in respect of which they are authorised.\n(3) Under subclause (1), the local government may authorise a person generally, or in relation to\nparticular times, days or months.\n(4) Where the local government has authorised members of a surf life saving club under clause 5.3(1)\nand a person under subclause (1) in relation to the same beach, so that they can perform all or any of\nthe functions referred to in clause 5.3(1) contemporaneously, the local government is to specify which\nauthorisation is rendered ineffective when both are exercised.\nPersons to comply with signs and directions\n5.5 A person shalló\n(a) not act in contravention of any sign erected on a beach under clause 5.3(1)(c);\n(b) not enter an area which has been temporarily closed with rope, hessian, wire or any other\nmeans for the conduct of surf life saving club activities, unless he or she is a member of the\nclub or has obtained permission to enter from the club; and\n(c) comply with any direction given under clause 5.3(1)(c) or 5.3(1)(e),\nnotwithstanding that the sign or the direction was erected or given, as the case may be, by a person\nreferred to in clause 5.4(1).\nDivision 3óFenced or closed property\nNo entry to fenced or closed local government property\n5.6 A person must not enter local government property which has been fenced off or closed to the\npublic by a sign or otherwise, unless that person is authorised to do so by the local government.\nDivision 4óToilet blocks and change rooms\nOnly specified gender to use entry of toilet block or change room\n5.7 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 byó\n(a) females, then a person of the male gender shall not use that entry of the toilet block or change\nroom; or\n(b) males, then a person of the female gender shall not use that entry of the toilet block or change\nroom.\nDivision 5óGolf course\nInterpretation\n5.8 In this Divisionó\nìcontrollerî means the person appointed by the local government to direct, control and manage\na golf course;\nìgolf courseî means that portion of a golf course reserve which is laid out as a golf course and\nincludes all tees, fairways, greens, practice tees, practice fairways, practice greens and any\ndriving range; and\nìgolf course reserveî means the local government property described in Schedule 3 and\nincludes all buildings, structures, fittings, fixtures and equipment on that land.\nObservance of special conditions of play\n5.9 While on a golf course, every player shall observe and comply with aó\n(a) direction of a controller in respect of any special conditions of play; and\n(b) requirement of any notice erected to direct or control play.\n\n5458 GOVERNMENT GAZETTE, WA 11 November 2002\nPART 6óFEES FOR ENTRY ON TO LOCAL GOVERNMENT PROPERTY\nNo unauthorised entry to function\n6.1 (1) A person shall not enter local government property on such days or during such times as the\nproperty may be set aside for a function for which a charge for admission is authorised, exceptó\n(a) through the proper entrance for that purpose; and\n(b) on payment of the fee chargeable for admission at the time.\n(2) The local government may exempt a person from compliance with subclause (1)(b).\nPART 7óJETTIES AND BRIDGES\nDivision 1óPreliminary\nInterpretation\n7.1 (1) This Part only applies to bridges and jetties which are local government property.\n(2) In this Partó\nìjettyî means any jetty, pier, wharf or landing place which is local government property; and\nìbulk cargoî means bulk produce, such as grain, coal, oil or mineral ore, which is not packaged.\nDivision 2óConsents and fees\nApplication for consent and application fee\n7.2 (1) Where a person is required to obtain the consent of the local government under this Part, the\nperson is to apply for that consent in the manner required by the local government.\n(2) The local government may require an application for consent made under subclause (1) to be\naccompanied by a fee.\n(3) If an application for consent is not made in the manner required by the local government or the fee\nwhich is to accompany that application is not paid, the local government may refuse to consider the\napplication for consent.\n(4) The local government shall give its decision on an application for consent, in writing to the person\nwho applied for that consent.\n(5) Where a fee is referred to in this Part, the fee must be imposed and determined by the local\ngovernment under and in accordance with sections 6.16 to 6.19 of the Act.\nDivision 3óProhibitions on use of jetty\nWhen use of jetty is prohibited\n7.3 A person shall not land at, use or go on any part of a jetty which isó\n(a) under construction or repair; or\n(b) closed,\nunless that person has first obtained the consent of the local government.\nDivision 4óMooring boats to jetties\nMethod of mooring boat\n7.4 A person in control of a boat shall not moor or make fast the boat to a jetty, or to any part of the\njetty, except to such mooring piles, ring bolts or other fastenings as are provided.\nDivision 5óWhen boats may remain at jetty\nWhen boat may remain moored\n7.5 A person in control of a boat shall not moor or make fast the boat to a jetty unlessó\n(a) the boat is in distress and then only to effect the minimum repairs necessary to enable the\nboat to be moved elsewhere;\n(b) the embarking or disembarking of passengers is in progress, and then not for a consecutive\nperiod exceeding 2 hours without the prior consent of the local government;\n(c) the loading or discharging of cargo or other goods is in progress in accordance with Division 7;\nor\n(d) where the boat is used at that time for commercial purposes, the person has first paid the fee\n(if any) for such mooring or making fast to the local government.\nAuthorised person may order removal of boat\n7.6 Notwithstanding anything to the contrary in this Part, a person in control of a boat moored or\nfastened to or alongside a jetty shall remove it immediately upon being directed to do so by an\nauthorised person.\nDivision 6óLaunching of boats\nRestrictions on launching\n7.7 A person shall not launch a boat from or over any jetty (other than a boat ramp) unless she or he\nhas first obtained the consent of the local government.\n\n11 November 2002 GOVERNMENT GAZETTE, WA 5459\nDivision 7óCargo or other goods\nLoading and discharging\n7.8 A person in control of a boat shall not allow the boat to come alongside or be moored or made fast\nto a jetty for the purpose of loading or discharging cargo or other goodsó\n(a) until the cargo or other goods are ready to be loaded or discharged; or\n(b) without the consent of the local governmentó\n(i) between the hours of 6.00pm to 6.00am on the next day; or\n(ii) for longer than 2 consecutive hours.\nOutgoing cargo not to be stored on jetty\n7.9 A person in control of cargo or other goods intended for loading on to a boat shalló\n(a) not allow them to be stored or placed on a jetty unless and until the boat is moored or\nfastened to or alongside the jetty; and\n(b) load them on to the boat as soon as practicable after the boat is moored or fastened to or\nalongside the jetty.\nRemoval of incoming cargo from jetty\n7.10 Any person unloading cargo or other goods from a boat on to a jetty shall remove them, or cause\nthem to be removed from the jetty as soon as practicable, but not later than 6.00pm on the day on\nwhich they were placed there.\nAuthorised person may direct removal\n7.11 An authorised person may direct a person who, in the opinion of the authorised person, is in\ncharge of cargo or other goods which remain on a jetty contrary to any provision of this Part to remove\nthem from the jetty.\nHandling of bulk cargo\n7.12 Except with the prior consent of the local government, a person shall not place or deposit bulk\ncargo from a vehicle, boat or container on to a jetty.\nDivision 8óPolluting surrounding area\nPolluting surrounding area\n7.13 A person shall not tip or deposit anything on to a jetty so as to pollute the surrounding area.\nDivision 9óFishing from jetties and bridges\nLimitations on fishing\n7.14 A person shall notó\n(a) fish from a jetty or a bridge so as to obstruct or interfere with the free movement of a boat\napproaching or leaving the jetty or the bridge or so as to unreasonably interfere with the use\nof the jetty or the bridge by any other person; or\n(b) hang or spread a fishing net from, on or over any part of a jetty or a bridge.\nPART 8óOBJECTIONS AND APPEALS\nApplication of Division 1, Part 9 of the Act\n8.1 When the local government makes a decision as to whether it willó\n(a) grant a person a permit or consent under this local law; or\n(b) renew, vary, or cancel a permit or consent that a person has under this local law,\nthe provisions of Division 1 of Part 9 of the Act and regulations 33 and 34 of the Regulations apply to\nthat decision.\nPART 9óMISCELLANEOUS\nAuthorised person to be obeyed\n9.1 A person on local government property shall obey any lawful direction of an authorised person and\nshall not in any way obstruct or hinder an authorised person in the execution of her or his duties.\nPersons may be directed to leave local government property\n9.2 An authorised person may direct a person to leave local government property where she or he\nreasonably suspects that the person has contravened a provision of any written law.\nDisposal of lost property\n9.3 An article left on any local government property, and not claimed within a period of 3 months,\nmay be disposed of by the local government in any manner it thinks fit.\nLiability for damage to local government property\n9.4 (1) Where a person unlawfully damages local government property, the local government may by\nnotice in writing to that person require that person within the time required in the notice to, at the\noption of the local government, pay the costs ofó\n(a) reinstating the property to the state it was in prior to the occurrence of the damage; or\n(b) replacing that property.\n\n5460 GOVERNMENT GAZETTE, WA 11 November 2002\n(2) Unless there is proof to the contrary, a person is to be taken to have damaged local government\nproperty within subclause (1) whereó\n(a) a vehicle or a boat caused the damage, the person was the person responsible, at the time the\ndamage occurred, for the control of the vehicle or the boat; or\n(b) the damage occurred under a permit, the person is the permit holder in relation to that\npermit.\n(3) On a failure to comply with a notice issued under subclause (1), the local government may recover\nthe costs referred to in the notice as a debt due to it.\nPART 10óENFORCEMENT\nDivision 1óNotices given under this local law\nOffence to fail to comply with notice\n10.1 Whenever the local government gives a notice under this local law requiring a person to do any\nthing, if a person fails to comply with the notice, that person commits an offence.\nLocal government may undertake requirements of notice\n10.2 Where a person fails to comply with a notice referred to in clause 10.1, the local government may\ndo the thing specified in the notice and recover from the person to whom the notice was given, as a\ndebt, the costs incurred in so doing.\nDivision 2óOffences and penalties\nSubdivision 1óGeneral\nOffences and general penalty\n10.3 (1) Any person who fails to do anything required or directed to be done under this local law, or\nwho does anything which under this local law that person is prohibited from doing, commits an\noffence.\n(2) Any person who commits an offence under this local law is liable, upon conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding\n$500 for each day or part of a day during which the offence has continued.\nSubdivision 2óInfringement notices and modified penalties\nPrescribed offences\n10.4 (1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of\nsection 9.16(1) of the Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 1.\n(3) For the purpose of guidance only, before giving an infringement notice to a person in respect of the\ncommission of a prescribed offence, an authorised person should be satisfied tható\n(a) commission of the prescribed offence is a relatively minor matter; and\n(b) only straightforward issues of law and fact are involved in determining whether the\nprescribed offence was committed, and the facts in issue are readily ascertainable.\nForm of notices\n10.5 (1) For the purposes of this local lawó\n(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to\nin section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;\n(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\nSchedule 1 of the Regulations; and\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of\nthe Regulations.\n(2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence\nagainst clause 2.4, the notice is to contain a description of the alleged offence.\nDivision 3óEvidence in legal proceedings\nEvidence of a determination\n10.6 (1) In any legal proceedings, evidence of a determination may be given by tendering the register\nreferred to in clause 2.5 or a certified copy of an extract from the register.\n(2) It is to be presumed, unless the contrary is proved, 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\n11 November 2002 GOVERNMENT GAZETTE, WA 5461\nSchedule 1\nPRESCRIBED OFFENCES\nClause Description Modified\nPenalty\n$\n2.4 Failure to comply with determination .................................................................. 100\n3.6 Failure to comply with conditions of permit......................................................... 100\n3.13(1) Failure to obtain a permit ..................................................................................... 100\n3.14(3) Failure to obtain permit to camp outside a facility .............................................. 100\n3.15(1) Failure to obtain permit for liquor ........................................................................ 100\n3.16 Failure of permit holder to comply with responsibilities .................................... 100\n4.2(1) Behaviour detrimental to property ....................................................................... 100\n4.4 Under influence of liquor or prohibited drug........................................................ 100\n4.6(2) Failure to comply with sign on local government property.................................. 100\n5.2 Consuming food or drink in prohibited area ........................................................ 100\n5.5 Failure to comply with sign or direction on beach ............................................... 100\n5.6 Unauthorised entry to fenced or closed local government property .................... 100\n5.7 Gender not specified using entry of toilet block or change room ......................... 100\n5.9 Failure to comply with direction of controller or notice on golf course................ 100\n6.1(1) Unauthorised entry to function on local government property ........................... 100\n7.3 Unauthorised use of any part of jetty which is closed or under repair or\nconstruction............................................................................................................ 100\n7.4 Mooring of boats in unauthorised manner ........................................................... 100\n7.5 Unauthorised mooring of a boat to jetty ............................................................... 100\n7.6 Failure to remove moored boat on direction of authorised person ...................... 100\n7.7 Launching of boat from jetty without consent...................................................... 100\n7.8 Mooring when not ready to load or discharge cargo, at times not permitted or\nfor longer than permitted ...................................................................................... 100\n7.9 Unlawful storing of goods on jetty ........................................................................ 100\n7.10 Removing goods from jetty during other than permitted hours .......................... 100\n7.11 Failure to remove cargo on jetty on direction of authorised person .................... 100\n7.12 Unauthorised deposit of bulk cargo on jetty......................................................... 100\n7.14 Fishing from jetty or bridge so as to obstruct a boat or another person ............. 100\n10.1 Failure to comply with notice ................................................................................ 200\nSchedule 2\nDETERMINATIONS\nThe following determinations are to be taken to have been made by the local government under clause\n2.1.\nPART 1óPRELIMINARY\nDefinitions\n1.1 In these determinations unless the context otherwise requiresó\nìlocal lawî means the Local Government Property Local Law made by the local government;\nInterpretation\n1.2 Unless the context otherwise requires, where a term is used but not defined in a determination\nand that term is defined in the local law then the term shall have the meaning given to it in the local\nlaw.\nSchedule 3\nGOLF COURSE RESERVE\nThe golf course reserve referred to in Part 5 Division 5 of this local law is described below:\nìThat portion of Reserve Number 6638, bordered by Montreal Street to the west, High Street to\nthe north, Royal Fremantle Golf Club to the east, and Booyembara Park to the south, and\ncommonly known as the Fremantle Public Golf Course.î\nDated 31st day of October 2002\nThe Common Seal of the City of Fremantle was affixed by authority of a resolution of the Council in\nthe presence of:\nRAY GLICKMAN, Chief Executive Officer.\nPETER TAGLIAFERRI, Mayor.\n\n5462 GOVERNMENT GAZETTE, WA 11 November 2002\n!200200200GG!","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument replaces and consolidates earlier local laws (Parks, Recreation Grounds & Public Reserves and Swimming Pools) by repealing them and bringing their subject-matter into a single framework (cl.1.5). It expands and clarifies the regulatory reach (explicit application to sea 200 metres seawards — cl.1.4(1)), centralises decision-making through Council determinations and permits (cl.2.1–2.6; cl.3.2–3.3), and preserves some existing signs/determinations as effective on commencement (cl.2.9). Clause 1.5(3) allows the Council to continue specified prior policies despite repeal, so while the structure and processes have changed, some prior policy content may continue by resolution."},"complexity_factors":["Broad, technical definitions that determine coverage (e.g. 'local government property' excludes thoroughfares but includes unvested facilities) — cl.1.2 and cl.1.3.","Wide geographic scope including 200 metres seawards from the high water mark — cl.1.4(1).","Dual regulation path: (a) Council determinations that set permitted/prohibited activities with public notice and consultation requirements, and (b) permit regime for individual uses — cl.2.1–2.6 and cl.3.2–3.3. This multiplies decision points.","Public notice and non-delegable decisions for making determinations (public consultation, mandatory 21-day submissions) increase procedural steps — cl.2.2(1)–(6), (8).","Extensive permit conditions and ancillary requirements (fees, bonds, restoration, public risk insurance) create administrative and compliance burdens for applicants and permit-holders — cl.3.4(1)(a),(e),(h),(i) and cl.3.4(2)(b),(j),(k).","Policies may be imposed as conditions by reference and must be disclosed with the permit, adding cross-references between Council policy and permit obligations — cl.3.5(2)–(4).","Discretion concentrated in Council, CEO, managers and 'authorised persons' with broad powers to give directions, refuse entry, remove people or property and seek costs for damage — cl.2.1, cl.3.3, cl.5.1, cl.9.1–9.4.","Multiple authorised-person delegations (surf life saving club members, other persons) require competency judgments and can be time-limited or overlapping, increasing operational complexity on beaches — cl.5.3–5.5.","Enforcement regime combines criminal penalties (up to $5,000 plus daily fines) and infringement/modified penalties with a detailed schedule of prescribed offences — Part 10 and Schedule 1.","Transitional and repeal provisions that convert existing signs/determinations and repeal older local laws while allowing specified policies to continue create scope and continuity issues — cl.1.5 and cl.2.9."],"plain_english_summary":"This local law sets rules for use, access and management of City of Fremantle public land (parks, pools, jetties, beaches and 200 metres of adjacent sea). It creates a permit system and council determinations to allow or prohibit activities, prescribes conditions (fees, bonds, insurance), delegates enforcement powers to authorised officers and managers, and fixes offences and fines. It affects anyone who uses, hires, trades on or manages council property by allocating who decides, who pays and what behaviour is lawful."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This appears to be the original 2002 version of the local law. It consolidates and replaces two earlier local laws (Parks, Recreation Grounds & Public Reserves Local Law 1985 and Swimming Pools Local Law 1971), but this consolidation appears to be its intended purpose rather than scope creep. The law covers the expected range of local government property management functions without significant expansion beyond its original remit."},"complexity_factors":["Length: Approximately 60 clauses across 10 Parts plus 3 Schedules, running to 16 pages in the Gazette","Cross-referencing: Heavy reliance on external statutes (Local Government Act 1995, Liquor Licensing Act 1988, Firearms Act 1973, Caravan Parks and Camping Grounds Act 1995, Land Administration Act 1997) and regulations","Defined terms: 25+ defined terms in clause 1.2 alone, with additional definitions scattered throughout Parts (e.g., 'function', 'premises', 'facility', 'controller')","Nested conditional logic: Multiple layers of exceptions and qualifications — e.g., clause 3.13(1) lists 16 prohibited activities each with their own sub-exceptions (e.g., 3.13(1)(f)(i) and (ii) create exceptions to the trading prohibition)","Dual pathways for regulation: Activities can be regulated either through 'determinations' (Part 2) or permits (Part 3), creating overlapping regulatory mechanisms","Transitional provisions: Clause 2.9 converts old signs into deemed determinations, creating legacy compliance issues","Delegated authority: Multiple layers of authorisation — Council, CEO, Manager, authorised persons, surf lifesaving club members — each with different powers"],"plain_english_summary":"This local law governs use of Fremantle City Council land and facilities — parks, beaches, pools, jetties and buildings — by creating a system of council “determinations,” requiring permits for many activities, regulating behaviour, controlling specific facilities and imposing penalties (including on-the-spot fines and fines up to $5,000).  \n\nIt affects anyone using Fremantle’s public spaces (residents, visitors, businesses and clubs) and gives the council legal tools to manage safety, protect the environment and balance competing uses."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-fremantle-local-government-property-local-law-2002","history":"/api/acts/city-of-fremantle-local-government-property-local-law-2002/history","analysis":"/api/acts/city-of-fremantle-local-government-property-local-law-2002/analysis","conflicts":"/api/acts/city-of-fremantle-local-government-property-local-law-2002/conflicts","importantCases":"/api/acts/city-of-fremantle-local-government-property-local-law-2002/important-cases","documents":"/api/acts/city-of-fremantle-local-government-property-local-law-2002/documents"}}