{"id":"wa-local:leonora-shire-of-dog-local-law-2022","name":"Dog Local Law 2022","slug":"dog-local-law-2022","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438411,"registerId":"wa-local:leonora-shire-of-dog-local-law-2022-pdf-1775954854199","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"16","sectionType":"section","heading":"March 2022 GOVERNMENT GAZETTE, WA 2179","content":"16 March 2022 GOVERNMENT GAZETTE, WA 2179\nPUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY LOCAL LAW 2022\nUnder the powers conferred on it by the Local Government Act 1995 and under all other enabling\npowers, the Council of the Shire of Leonora resolved on 15th February 2022 to make this local law.\n1.1 Title\nThis is the Shire of Leonora Public Places and Local Government Property Local Law 2022.\n1.2 Commencement\n1.3 Application\n1.4 Repeal and transitional provisions\n(1) The following local laws are repealed—\n(a) The Shire of Leonora Prevention of Damage to Roads By-Law 1951 published in the Government\nGazette on 14 December 1951;\n(b) The Shire of Leonora General Provisions Local Law 1998 published in the Government Gazette\non 30 December 1998; and\n(c) The Shire of Leonora Local Law—Leonora Airport 2001 published in the Government Gazette\non 8 January 2001.\n(2) An application for, or an application for the renewal of, a licence, permit or other authorisation made\nunder a repealed local law that has not been finally determined before the commencement day is to be\ndealt with and determined as if it were an application under this local law.\n(3) A licence, permit or other authorisation under a repealed local law that is in force before the\ncommencement day is to be regarded on and after that day as a permit under this local law and may be\ndealt with accordingly.\n1.5 Definitions\nIn this local law—\nAct means the Local Government Act 1995;\napplicant means a person who applies for a permit;\napplication means an application for a permit;\napplication fee means the fee payable on the lodgement of an application for a permit and which\nrelates to the lodgement, assessment and determination of the application but does not include\nthe permit fee;\nauthorised person means a person appointed by the CEO under section 9.10 of the Act to perform\nany of the functions of an authorised person under this local law;\nbuilding means any building 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.\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 by the Road Traffic Code 2000;\nCEO means the chief executive officer of the local government;\ncommencement day means the day on which this local law comes into operation;\ncouncil means the council of the local government;\ncrossing means a crossing giving access from a public thoroughfare to—\n(a) private land; or\n(b) a private thoroughfare serving private land;\ndetermination means a determination made under clause 2.1;\ndistrict means the district of the local government and any area outside the district of the local\ngovernment in respect of which the Governor’s approval under section 3.6(1) of the Act has been\nobtained;\n\n","sortOrder":0},{"sectionNumber":"2180","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 March 2022","content":"2180 GOVERNMENT GAZETTE, WA 16 March 2022\nentertainment means the action of providing or being provided with amusement or enjoyment, an\nevent, performance, or activity designed to entertain others.\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 street planted, developed or treated, otherwise than as a lawn, with\none 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 street which is planted only with grass, or with a similar plant, but will\ninclude any other plant provided that it has been planted by the local government;\nliquor has the meaning given to it in section 3 of the Liquor Control Act ;\nLiquor Control Act means the Liquor Control Act 1988 and all regulations made under that Act;\nlocal government property means anything—\n(a) which belongs to or 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;\nexcept a street.\nlocal public notice has the meaning given to it by 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;\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;\npermit means a permit under this local law;\npermit fee means the fee payable on the issue of a permit;\npermit document means a permit document issued under this local law;\npermit holder means a person who holds a permit;\npermissible verge treatment means any one of the treatments described in clause 7.4(2), and\nincludes any associated reticulation pipes and sprinklers;\nperson does not include the local government;\nprivate property means any land that—\n(a) has a separate certificate of title; and\n(b) is in private ownership or is the subject of a lease or agreement with a person enabling its\nuse for private purposes,\nand includes any building or structure on the land;\nprohibited drug has the meaning given to it by the Misuse of Drugs Act 1981;\npublic place means—\n(a) a street;\n(b) any local government property; or\n(c) a place to which the public have access;\nRegulations mean the Local Government (Functions and General) Regulations 1996;\nrepealed local law means a local law repealed under clause 1.4;\nretailer means a the owner or occupier of a shop in respect of which shopping trolleys are provided\nfor the use of customers of the shop;\nSchedule means a schedule to this local law;\nsell includes—\n(a) offer or attempt to sell;\n(b) display for sale;\n\n16 March 2022 GOVERNMENT GAZETTE, WA 2181\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;\nshopping trolley means a wheeled container or receptacle supplied by a retailer to enable a person\nto transport goods;\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 means any highway, thoroughfare or land used for vehicular or pedestrian traffic, and\nincludes all the land lying between property lines, including the verge and footpath;\nstreet tree means any tree planted or self sown in the street, of an appropriate species and in an\nappropriate location, for the purposes of contributing to the streetscape;\nthoroughfare has the meaning given to it by the Act;\ntrading means selling or hiring goods or services and includes the setting up of a stall and\nconducting business at a stall;\nvehicle includes—\n(a) every conveyance and every object capable of being propelled or drawn on wheels, tracks\nor otherwise; and\n(b) an animal being ridden or driven,\nbut excludes—\n(c) a wheel-chair or any device designed for use, by a physically impaired person on a footpath;\nand\n(d) a pram, stroller or similar device, or a shopping trolley;\nverge means that part of a street between the carriageway and the land which abuts the street,\nbut 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.\n1.6 Interpretation\nIn this local law, a reference to local government property includes a reference to any part of local\n1.7 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","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY","content":"PART 2—DETERMINATIONS IN RESPECT OF LOCAL GOVERNMENT PROPERTY\n2.1 Determinations as to use of local government property\n(1) The local government 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.\n(2) The determinations in SCHEDULE 1—\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.\n\n","sortOrder":2},{"sectionNumber":"2182","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 March 2022","content":"2182 GOVERNMENT GAZETTE, WA 16 March 2022\n2.2 Procedure for making a determination\n(1) The CEO or an authorised person is to give local public notice of the local government’s intention to\nmake a determination.\n(2) The local public notice referred to in subclause (1) is to state that—\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 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 may decide—\n(a) to give local public notice that the proposed determination has effect as a determination on and\nfrom the date of publication;\n(b) to amend the proposed determination, in which case subclause (5) is to apply; or\n(c) not to continue with the proposed determination.\n(4) If submissions are received in accordance with subclause (2)(c), the Council—\n(a) is to consider those submissions; and\n(b) may 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, it is to give local public notice—\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 that\nthe 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 under subclause (3) or (4) is not to be delegated by the 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 must 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 local government 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 local government revokes a determination it is to give local public notice of the revocation and\nthe determination 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) fly or use a motorised model aeroplane;\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) launch, beach or leave a boat;\n(e) take or use a boat, or a particular class of boat;\n(f) 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\n16 March 2022 GOVERNMENT GAZETTE, WA 2183\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\n(g) ride a bicycle, a skateboard, roller skates, 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, roller skates, rollerblades, a sandboard or a similar device;\n(b) taking, riding or driving a vehicle or a particular class of vehicle;\n(c) riding or driving above a specified speed a vehicle or a particular class of vehicle;\n(d) taking or using a boat, or a particular class of boat;\n(e) 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(f) the playing or practice of any ball game which may cause detriment to the property or any\nfauna on the property; and\n(g) 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 an approved sign erected on local government property has been erected under a repealed\nlocal law, then it is to be taken to be and have effect as a determination on and from the commencement\nday, except 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).\n","sortOrder":3},{"sectionNumber":"Part 3","sectionType":"part","heading":"ACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING A PERMIT","content":"PART 3—ACTIVITIES ON LOCAL GOVERNMENT PROPERTY REQUIRING A PERMIT\n3.1 Activities requiring a permit\n(1) A person must not without a permit—\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(d) teach, coach or train, for profit, a person or animal on 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 or public place unless the trading is\nconducted—\n(i) with the consent of a person who holds a permit to conduct a function, and where the\ntrading is carried on under and in accordance with the permit; or\n(ii) by a person who has a permit or permit to carry on trading on local government property\nunder any written law;\n\n","sortOrder":4},{"sectionNumber":"2184","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 March 2022","content":"2184 GOVERNMENT GAZETTE, WA 16 March 2022\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 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 of local government property, for the\npurpose of supplying any water, power, sewer, communication, television or similar service to\na person;\n(p) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly on local\ngovernment property;\n(q) erect, install, operate or use any broadcasting, public address system, loudspeaker or other\ndevice for the amplification of sound on local government property;\n(r) conduct an entertainment event on local government property;\n(s) fly or land a drone, balloon, unmanned aircraft or similar device from or on local government\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 Erecting structures or camping\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 facility operated by the local government.\n(3) A person must not without a permit—\n(a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local\ngovernment property;\n(b) erect, on local government property, any tent, camp, hut or similar structure; or\n(c) erect, on local government property that is not enclosed, an umbrella or temporary shade\nstructure unless—\n(i) it is erected for protection from the sun or other elements;\n(ii) it has an area of no more than 18 square metres;\n(iii) it has a height of no less than 2.5 metres;\n(iv) it is removed by that person—\n(I) immediately on leaving that local government property; and\n(II) during daylight on the same day on which it was erected; and\n(v) it is for a private use.\n(4) The maximum period for which the CEO or an authorised person may approve an application for a\npermit in respect of paragraph (a) or (b) of subclause (3) is that provided in regulation 11(2)(a) of the\nCaravan Parks and Camping Grounds Regulations 1997.\n3.3 Licence required for possession and consumption of liquor\n(1) A person, on local government property, must not consume any liquor or have in her or his possession\nor under her or his control any liquor, unless—\n(a) that is permitted under the Liquor Control Act; and\n(b) a licence has been obtained for that purpose.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\n\n16 March 2022 GOVERNMENT GAZETTE, WA 2185\n","sortOrder":5},{"sectionNumber":"Part 4","sectionType":"part","heading":"ADVERTISING SIGNS ON THOROUGHFARES","content":"PART 4—ADVERTISING SIGNS ON THOROUGHFARES\n4.1 Interpretation\nIn this Part, unless the context otherwise requires—\nadvertising sign means a sign used for the purpose of advertisement;\ndirection sign means a sign which indicates the direction of another place, activity or event, but\ndoes not include any such sign erected or affixed by the local government or the Commissioner\nof Main Roads;\nportable direction sign means a portable free standing direction sign; and portable sign means\na portable free standing advertising sign.\n4.2 Advertising signs and portable direction signs\n(1) A person shall not, without a permit—\n(a) erect or place an advertising sign on a thoroughfare; or\n(b) post any bill or paint, place or affix any advertisement on a thoroughfare.\n(2) Notwithstanding subclause (1), a permit is not required in respect of a portable direction sign which\nneither exceeds 500 millimetres in height nor 0.5 square metres in area, provided that the sign is placed\nor erected on a thoroughfare on an infrequent or occasional basis only to direct attention to a place,\nactivity or event during the hours of that activity or event.\n(3) Notwithstanding subclause (1), a person shall not erect or place an advertising sign—\n(a) on a footpath;\n(b) over any footpath where the resulting vertical clearance between the sign and the footpath is\nless than 2.5 metres;\n(c) on or within 3 metres of a carriageway;\n(d) in any other location where, in the opinion of the local government, the sign is likely to obstruct\nlines of sight along a thoroughfare or cause danger to any person using the thoroughfare; or\n(e) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the\nstructural approaches to a bridge.\n4.3 Matters to be considered in determining application for permit\nIn determining an application for a permit for the purpose of clause 4.2(1), the local government is to\nhave regard to—\n(a) any other written law regulating the erection or placement of signs within the district;\n(b) the dimensions of the sign;\n(c) other advertising signs already approved or erected in the vicinity of the proposed location of\nthe sign;\n(d) whether or not the sign will create a hazard to persons using a thoroughfare; and\n(e) the amount of the public liability insurance cover, if any, to be obtained by the applicant.\n4.4 Conditions on portable sign\n(1) If the local government approves an application for a permit for a portable sign, the application is\nto be taken to be approved subject to the following conditions—\n(a) the portable sign shall—\n(i) not exceed 1 metre in height;\n(ii) not exceed an area of 1 square metre on any side;\n(iii) relate only to the business activity described on the permit;\n(iv) contain letters not less than 200 millimetres in height;\n(v) not be erected in any position other than immediately adjacent to the building or the\nbusiness to which the sign relates;\n(vi) be removed each day at the close of the business to which it relates and not be erected\nagain until the business next opens for trading;\n(vii) be secured in position in accordance with any requirements of the local government;\n(viii) be placed so as not to obstruct or impede the reasonable use of a thoroughfare or access\nto a place by any person; and\n(ix) be maintained in good condition.\n(2) No more than one portable sign shall be erected in relation to the one building or business.\n(3) A person must not place or erect a sign in contravention of a condition of a permit issued under this\nclause.\n\n2186 GOVERNMENT GAZETTE, WA 16 March 2022\nPART 5—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY\nDivision 1—Prohibited behaviour\n5.1 Behaviour which interferes with others\nA person must not, in or on any local government property, behave in a manner which—\n(a) is likely to interfere with the enjoyment of a person who might use the property or who might\notherwise lawfully be on the property; or\n(b) interferes with the enjoyment of a person using, or otherwise lawfully on, the property.\n5.2 Behaviour detrimental to property\n(1) A person must 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)—\ndetrimental to the property includes—\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\nplant, a seat provided for the use of any person or a building.\n5.3 Taking or injuring fauna\n(1) A person must 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 clause and in clause 5.5—\nanimal means any living thing that is not a human being, fly or plant; and\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 animal in a\nnormal or natural manner.\n5.4 Flora\n(1) Unless authorised to do so under a written law or with the written approval of the CEO or an\nauthorised person, a person must not—\n(a) remove, damage or interfere with any flora that is on or above any local government property;\nor\n(b) cultivate, plant or deposit any flora on local government property.\n(2) In this clause—\nflora means all vascular plants, seeds and other flora, whether living or dead.\n5.5 Leaving animal or vehicle in public place\n(1) A person must 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\nauthorized 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.\n5.6 Intoxicated persons not to be on local government property\nA person must not enter or remain on local government property while under the influence of liquor or\na prohibited drug.\n5.7 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 must not use that entry of the toilet block or change\nroom;\n(b) males—then a person of the female gender must 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) Paragraphs (a) and (b) of subclause (1) do not apply to a child, when accompanied by a parent,\nguardian or caregiver, 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.\n\n16 March 2022 GOVERNMENT GAZETTE, WA 2187\n","sortOrder":6},{"sectionNumber":"Div 2","sectionType":"division","heading":"Signs and powers to give directions","content":"Division 2—Signs and powers to give directions\n5.8 Signs\n(1) The CEO or an authorised person may erect a sign on local government property—\n(a) specifying any conditions of use which apply to that property; and\n(b) for any other purpose relevant to this local law, including giving notice of a breach of clause 5.4\nand substituting a sign for flora that has been removed, damaged or interfered with contrary\nto clause 5.4.\n(2) A person must comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) is—\n(a) not 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.\n5.9 Authorised person to be obeyed\nA person on local government property must obey any lawful direction of the CEO or an authorised\nperson and must not in any way obstruct or hinder the CEO or an authorised person in the execution\nof her or his duties.\n5.10 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\n(2) A person who has been refused entry or who has been directed to leave under subclause (1) must\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.\n5.11 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 he or she 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","sortOrder":7},{"sectionNumber":"Part 6","sectionType":"part","heading":"MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY","content":"PART 6—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY\n","sortOrder":8},{"sectionNumber":"Div 1","sectionType":"division","heading":"Functions and closed property","content":"Division 1—Functions and closed property\n6.1 No unauthorised entry to function\n(1) A person must not enter local government property on such days or during such times as the\nproperty is set aside for a function for which a charge for admission is authorised, except—\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 CEO or an authorised person may exempt a person from compliance with subclause (1)(b).\n6.2 No entry to fenced or closed local government property\nA person must not enter local government property which has been fenced off or closed to the public by\na sign or otherwise, unless that person is authorised to do so by the CEO or an authorised person.\nDivision 2—Golf courses\n6.3 Interpretation\nIn this Division—\ncontroller means an authorised person who has been appointed to control and manage a golf\ncourse;\n\n","sortOrder":9},{"sectionNumber":"2188","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 March 2022","content":"2188 GOVERNMENT GAZETTE, WA 16 March 2022\ngolf course means that portion of a local government property which is laid out as a golf course\nand includes—\n(a) all tees, fairways, greens, practice tees, practice fairways, practice greens and any driving\nrange; and\n(b) all buildings, structures, fittings, fixtures and equipment on that property.\n6.4 Observance of special conditions of play\nWhile on a golf course, a player must—\n(a) observe and comply with a direction of the controller in respect of any special conditions of play;\n(b) observe and comply with a requirement of any notice erected to direct or control play; and\n(c) not be accompanied by a non playing person without the permission of the controller or an\nauthorised person.\n6.5 Children under the age of 10 years\nA person under the age of 10 years must not enter, play or practise on a golf course unless accompanied\nby a person of 18 years or older.\n","sortOrder":10},{"sectionNumber":"Div 3","sectionType":"division","heading":"Airports","content":"Division 3—Airports\n6.6 Application\nThis Part applies to each airport which is local government property within the district.\n6.7 Use by aircraft\n(1) The owner of every aircraft, upon payment of the set fee and compliance with this local law and\nother written law, shall be entitled to use the airport for the landing, servicing and departure of their\naircraft and the embarkment and disembarkment of passengers and freight.\n(2) The local government may close the airport to aircraft movements if it considers the surface of the\nairport to be unsafe.\n6.8 Right of entry to airport\n(1) Except as provided, a person other than—\n(a) a person lawfully employed upon duties in or about the supervision and control of the airport,\nor acting under a permit or other agreement of or with the local government, in or about the\narrival, departure and servicing of or other attention to aircraft lawfully using the airport; or\n(b) a passenger or intending passenger of an aircraft lawfully using the airport; or\n(c) a person greeting or seeing off a passenger or intending passenger of an aircraft lawfully using\nthe airport;\nshall not enter or remain upon the airport or any part thereof without the approval of the local\n(2) The local government may from time to time designate or set apart any specified part or parts of the\nAirport:-\n(a) to which only persons from time to time designated by the local government shall be admitted;\n(b) to which persons other than those mentioned in subclause (1) shall not be admitted;\n(c) to which the general public, or any limited classes of the general public, may be admitted, either\nat all times or at specified times, or for limited periods and generally upon such terms and\nconditions as the local government may resolve;\n(d) to which no vehicle may be admitted or to which a limited class of vehicles may be admitted or\nto which vehicles may be admitted only on such terms and conditions as the local government\nmay resolve;\n(e) to which no aircraft may be admitted or to which a limited class of aircraft may be admitted or\nto which aircraft may be admitted only on such terms and conditions as the local government\nresolves.\n(3) Signs, markings or notices may be placed by the local government at the airport indicating the limits\nof any part of the airport set apart for any special or limited use under subclause (2).\n(4) Notwithstanding the provisions of this clause the local government may on special occasions, for\ninstance, an aerial pageant or other event of public interest, make such arrangements for the control of\nthe airport as it may by resolution impose.\n6.9 Access of animals restricted\n(1) A person shall not bring an animal on to an airport unless—\n(a) the person is a person referred to in section 8 of the Dog Act 1976 acting in accordance with\nthat provision;\n(b) the animal is being air freighted from the airport;\n(c) the animal has been air freighted to the airport; or\n(d) the person is authorized to do so by the local government.\n(2) A person in charge of an animal shall keep the animal under control and shall not allow it to wander\nat large on the airport.\n\n16 March 2022 GOVERNMENT GAZETTE, WA 2189\n(3) If an animal is at any time on an airport in contravention of subclause (2), in addition to the person\nspecified in that subclause, the owner of the animal at that time commits an offence against subclause\n(2).\n(4) This clause is subject to any written law and law of the Commonwealth about assistance animals as\ndefined in the Disability Discrimination Act 1992 (Commonwealth) Section 9(2).\n","sortOrder":11},{"sectionNumber":"Part 7","sectionType":"part","heading":"ACTIVITIES IN STREETS","content":"PART 7—ACTIVITIES IN STREETS\nDivision 1—General\n7.1 General prohibitions\nA person must not—\n(a) plant, or allow to remain, in a street a plant that is or may become an obstruction to a\nreasonable sight line hazard for a driver of any vehicle negotiating or using the street;\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 street unless—\n(i) the person is the owner or the occupier of the lot abutting that portion of the street and\nthe lawn or the garden or the particular plant has not been installed or planted by the\nlocal 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 street or by the local government , unless—\n(i) the damage to, or removal of, the street tree is authorised by the CEO or an authorised\nperson in writing; or\n(ii) the person is acting under authority of written law;\n(d) place, or allow to be placed or remain, on a street any thing (except water) that—\n(i) obstructs the street; or\n(ii) results in a hazard for any person using the street;\n(e) unless at the direction of the CEO or an authorised person, damage, remove or interfere with\nany part of a street, or any structure erected on a street, 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 impede\nthe movement of vehicles or persons on a street.\n7.2 Activities allowed with a permit\n(1) A person must not, without a permit—\n(a) dig or otherwise create a trench through or under a kerb or footpath;\n(b) throw, place or deposit any thing on a verge or street except for removal by the local government\nunder a bulk rubbish collection, and then only in accordance with the terms and conditions and\nduring the 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 street as a street;\n(d) cause any obstruction to a water channel or a water course in a street;\n(e) throw, place or drain offensive, noxious or dangerous fluid onto a street;\n(f) damage a street;\n(g) fell or damage any street tree;\n(h) fell any tree onto a street;\n(i) light any fire or burn any thing on a street other than in a stove or fireplace provided for that\npurpose;\n(j) unless installing, or in order to maintain, a permissible verge treatment—\n(i) lay pipes under or provide taps on any verge; or\n(ii) place or install, on any part of a street, any thing such as gravel, stone, flagstone, cement,\nconcrete slabs, blocks, bricks, pebbles, plastic sheeting, kerbing, wood chips, bark or\nsawdust;\n(k) provide, erect, install or use in or on any building, structure or land abutting on a street any\nhoist or other thing for use over the street;\n(l) on a street use anything or do anything so as to create a nuisance;\n(m) place or cause to be placed on a street a bulk rubbish container;\n(n) interfere with the soil of, or anything in, a street or take anything from a street;\n(o) conduct or carry on any trading on a street or public place;\n(p) conduct, carry on or set up a market or stall on a street or public place;\n(q) conduct or carry on an entertainment event on a street or public place; or\n(r) film or make a recording as part of or for commercial gain on a street or public place.\n(2) The CEO or an authorised person may exempt a person from compliance with subclause (1) on the\napplication of that person.\n\n","sortOrder":12},{"sectionNumber":"2190","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 March 2022","content":"2190 GOVERNMENT GAZETTE, WA 16 March 2022\n7.3 Notice to owner or occupier\nThe CEO or an authorised person may give a notice in writing to the owner or the occupier of a lot\nabutting on a verge to make good, within the time specified in the notice, any breach of a provision of\nthis Part.\nDivision 2—Permissible verge treatments\n7.4 Permissible verge treatments\n(1) An owner or occupier of land which abuts on a verge may, on that part of the verge directly in front\nof her or his land, install a permissible verge treatment.\n(2) A permissible verge treatment is–\n(a) the planting and maintenance of a lawn;\n(b) the planting and maintenance of a garden provided that—\n(i) clear sight visibility is maintained at all times for a person using the abutting street in\nthe vicinity of an intersection or bend in the street or using a driveway on land adjacent\nto the street for access to or from the street;\n(ii) 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) it is not of a thorny, poisonous or hazardous nature; and\n(c) the installation of an acceptable material.\n(3) In this clause acceptable material means any material which would create a hard surface, and\nwhich has been approved by the local government.\n(4) A person must not install or maintain a verge treatment which is not a permissible verge treatment.\n(5) The owner and occupier of the lot abutting a verge treatment referred to in subclause (1) are each\nto be taken to have installed and maintained that verge treatment for the purposes of this clause and\nclause 7.5.\n7.5 Obligations of owner or occupier\nAn owner or occupier who installs or maintains a permissible verge treatment must—\n(a) keep the permissible verge treatment in a good and tidy condition and ensure, where the verge\ntreatment is a garden or lawn, that a footpath on the verge and a carriageway adjoining the\nverge are not obstructed by the verge treatment;\n(b) ensure that clear sight visibility is maintained at all times for a person using the abutting\nthoroughfare in the vicinity of an intersection or bend in a thoroughfare, or using a driveway\non land adjacent to the thoroughfare for access to or from the thoroughfare;\n(c) not place 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.\n7.6 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 which—\n(a) was installed prior to the commencement day; and\n(b) on the commencement day is a type of verge treatment which was permitted under and\ncomplied with the former provisions,\nis to be taken to be a permissible verge treatment for so long as the verge treatment remains of the\nsame type and continues to comply with the former provisions.\n7.7 Power to carry out public works on verge\nWhere the local government or an authority empowered to do so under a written law disturbs a verge,\nthe local government or the authority—\n(a) is not liable to compensate any person for that disturbance;\n(b) may backfill with sand, if necessary, any garden or lawn; and\n(c) is not liable to replace or restore any—\n(i) verge treatment and, in particular, any plant or any acceptable material or other hard\nsurface; or\n\n16 March 2022 GOVERNMENT GAZETTE, WA 2191\n(ii) sprinklers, pipes or other reticulation equipment.\nDivision 3—Vehicle crossings\n7.8 Temporary crossings\n(1) Where it is likely that works on a lot will involve vehicles leaving a street and entering the lot, the\nperson responsible for the works must obtain a permit for the construction of a temporary crossing to\nprotect the existing carriageway, kerb, drains, footpath, existing materials and street trees, where—\n(a) a crossing does not exist; or\n(b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely\nto cause damage to the crossing.\n(2) 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 permit authority for the purpose of subclause (1) is the local government, the permit is taken\nto be issued on the condition that until such time as the temporary crossing is removed, the person to\nwhom the permit is given must keep the temporary crossing in good repair and in such a condition so\nas not to create any danger or obstruction to persons using the street.\n7.9 Removal of redundant crossing\n(1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be\nremoved and the kerb, drain, footpath, verge and any other part of the street affected by the removal\nare to be reinstated to the satisfaction of the CEO.\n(2) The CEO may give written notice to the owner or occupier of a lot requiring her or him to—\n(a) remove any part of or all of a crossing which does not give access to the lot; and\n(b) reinstate the kerb, drain, footpath, verge and any other part of the street, which may be affected\nby the removal,\nwithin the period of time stated in the notice, and the owner or occupier of the lot must comply with\nthat notice.\n","sortOrder":13},{"sectionNumber":"Div 4","sectionType":"division","heading":"Property numbers","content":"Division 4—Property numbers\n7.10 Assignment of numbers\n(1) 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.\n(2) In this clause, number means a number of a lot with or without an alphabetical suffix indicating\nthe address of a lot by reference to a thoroughfare.\n","sortOrder":14},{"sectionNumber":"Div 5","sectionType":"division","heading":"Fencing","content":"Division 5—Fencing\n7.11 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\nA public place, as that term is defined in clause 1.5, is specified as a public place for the purpose of item\n4(1) of Division 1 of Schedule 3.1 of the Act.\n","sortOrder":15},{"sectionNumber":"Div 6","sectionType":"division","heading":"Signs erected by the local government","content":"Division 6—Signs erected by the local government\n7.12 Signs\n(1) The local government may erect a sign in a street specifying any conditions of use which apply to\nthat street.\n(2) A person must comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving\nnotice of the effect of a provision of this local law.\n7.13 Transitional\nWhere a sign erected in a street has been erected under a repealed local law then, on and from the\ncommencement day, it is to be taken to be a sign erected under clause 7.12 if—\n(a) the sign specifies a condition of use relating to the street which gives notice of the effect of a\nprovision of this local law; and\n(b) the condition of use specified is not inconsistent with any provision of this local law.\n","sortOrder":16},{"sectionNumber":"Div 7","sectionType":"division","heading":"Driving on a closed street","content":"Division 7—Driving on a closed street\n7.14 No driving on closed street\n(1) A person must not drive or take a vehicle on a closed street 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\n","sortOrder":17},{"sectionNumber":"2192","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 March 2022","content":"2192 GOVERNMENT GAZETTE, WA 16 March 2022\n(b) the person has first obtained a permit.\n(2) In this clause—\nclosed street means a thoroughfare wholly or partially closed under section 3.50 or 3.50A of the\nAct.\n","sortOrder":18},{"sectionNumber":"Div 8","sectionType":"division","heading":"Notices","content":"Division 8—Notices\n7.15 Notice to redirect or repair sprinkler\nWhere a lawn or a garden is being watered with a sprinkler which is on the lawn or the garden, in a\nmanner which causes or may cause an inconvenience or obstruction to any person using a street, the\nCEO or an authorised person may give a written notice to the owner or the occupier of the land abutting\nthe lawn or the garden, requiring the owner or the occupier or both to move or alter the direction of the\nsprinkler or other watering equipment.\n7.16 Notice to remove hazardous plants\n(1) Where a plant in a garden creates or may create a hazard for any person using a street, the CEO or\nan authorised person may give a written notice to the owner or the occupier of the land abutting on the\ngarden to remove, cut, move or otherwise deal with that plant so as to remove the hazard.\n(2) Subclause (1) does not apply where the plant was planted by the local government.\n7.17 Notice to remove any thing unlawfully placed on street\nWhere any thing is placed on a street in contravention of this local law, the CEO or an authorised\nperson may give a written notice—\n(a) to the owner or the occupier of the property which abuts that portion of the street where the\nthing has been placed; or\n(b) to any other person who may be responsible for the thing being so placed,\nrequiring the person to remove the thing.\n","sortOrder":19},{"sectionNumber":"Part 8","sectionType":"part","heading":"ACTIVITIES IN PUBLIC PLACES","content":"PART 8—ACTIVITIES IN PUBLIC PLACES\nDivision 1—General provisions\n8.1 Leaving animal or vehicle in public place\n(1) A person must 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 permit 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.\n8.2 Prohibitions relating to animals\n(1) In subclause (2), owner in relation to an animal includes—\n(a) an owner of it;\n(b) a person in possession of it;\n(c) a person who has control of it; and\n(d) a person who ordinarily occupies the premises where the animal is permitted to stay.\n(2) An owner of an animal must 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 the animal, if it 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 must not lead, ride or drive the horse on a street, unless that person does so\nunder a permit or under the authority of a written law.\n(4) This clause is subject to any written law and law of the Commonwealth about assistance animals as\ndefined in the Disability Discrimination Act 1992 (Commonwealth) Section 9(2).\n8.3 Shopping trolley to be marked\nA retailer must clearly mark its name or its trading name on any shopping trolley made available for\nthe use of customers.\n8.4 Person not to leave trolley in public place\nA person must not leave a shopping trolley in a public place other than in an area set aside for the\nstorage of shopping trolleys.\n8.5 Retailer to remove abandoned trolley\n(1) If a shopping trolley is found in a public place, other than in an area set aside for the storage of\nshopping trolleys, the CEO or an authorised officer may advise (verbally or in writing) a retailer whose\nname is marked on the trolley of the location of the shopping trolley.\n\n16 March 2022 GOVERNMENT GAZETTE, WA 2193\n(2) A retailer must remove a shopping trolley within 24 hours of being so advised under subclause (1).\n8.6 Retailer taken to own trolley\nIn the absence of any proof to the contrary, a shopping trolley is to be taken to belong to a retailer whose\nname is marked on the trolley.\n","sortOrder":20},{"sectionNumber":"Part 9","sectionType":"part","heading":"PERMITS","content":"PART 9—PERMITS\nDivision 1—Applying for a permit\n9.1 Application for permit\n(1) Where a person is required to obtain a permit under this local law, that person must apply for the\npermit in accordance with subclause (2).\n(2) An application for a permit under this local law must—\n(a) be in the form determined by the CEO;\n(b) 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 by the Council under sections 6.16 to\n6.19 of the Act.\n(3) The CEO or an authorised person may require an applicant to provide additional information\nreasonably related to the application before determining the application.\n(4) The CEO or an authorised person may require an applicant to give local public notice of the\napplication.\n(5) The CEO or an authorised person may refuse to consider an application which is not in accordance\nwith subclause (2) or where the requirements of subclause (3) or (4) have not been satisfied.\n9.2 Decision on application\n(1) The CEO or an authorised person may—\n(a) approve an application unconditionally or subject to any conditions; or\n(b) refuse to approve an application.\n(2) If the CEO or an authorised person approves an application, he or she is to issue to the applicant a\npermit in the form determined by the CEO.\n(3) If the CEO or an authorised person refuses to approve an application, he or she is to give written\nnotice of that refusal 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 permit holder.\n9.3 General restrictions on grant of permit\n(1) The CEO or an authorised person must not grant a permit if there are reasonable grounds for\nbelieving that the 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 must not grant a permit unless the CEO or an authorised person\nis satisfied that—\n(a) the applicant is capable of carrying on the activity in accordance with this local law and the\nterms and conditions of the permit;\n(b) the public place at which the activity is to be carried on is suitable for that purpose;\n(c) a permit 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.\n9.4 Amendment of permit\namend includes—\n(a) to impose any new condition; and\n(b) to change or remove any existing condition.\n(2) The CEO or an authorised person may, by written notice given to the permit holder, amend a permit.\n(3) An amendment may be made on application made by the permit holder or on the CEO or authorised\nperson’s initiative.\nDivision 2—Conditions\n9.5 Examples of conditions\n(1) Examples of the conditions that the CEO or an authorised person may impose on a permit under\nclause 9.2(1)(a) or 9.4(2) are conditions relating to—\n(a) the payment of a fee;\n(b) compliance with a standard or a policy adopted by the local government;\n(c) the duration and commencement of the permit;\n\n","sortOrder":21},{"sectionNumber":"2194","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 March 2022","content":"2194 GOVERNMENT GAZETTE, WA 16 March 2022\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 government\nunder 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\nCEO or an authorised person.\n(2) Examples of the type and content of the conditions on which a permit to hire local government\nproperty may be issued include—\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 CEO or an authorised person to cancel a booking during the course of an annual\nor seasonal booking, if the CEO or 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.\n9.6 Imposing conditions under a policy\npolicy means a local government policy adopted by the Council under section 2.7 of the\nAct containing conditions subject to which an application for a permit may be approved under\nclause 9.2.\n(2) Under clause 9.2(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 must give to the permit 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 permit, with the form of permit referred to in clause 9.2(2).\n(4) An application for a permit 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 permit 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.\n9.7 Compliance with conditions\nWhere an application for a permit has been approved subject to conditions, the permit holder must\ncomply with each of those conditions, as amended.\nDivision 3—Duration of permits\n9.8 Duration of permit\nA permit is valid for one year from the date on which it is issued, unless it is—\n(a) otherwise stated in this local law or in the permit; or\n(b) suspended or cancelled under this Division.\n9.9 Renewal of permit\n(1) A permit holder may apply to the CEO for the renewal of a permit.\n(2) An application for renewal must—\n(a) be in the form determined by the CEO;\n(b) be signed by the permit holder;\n(c) provide the information required by the form;\n\n16 March 2022 GOVERNMENT GAZETTE, WA 2195\n(d) be forwarded to the CEO no later than 28 days before the expiry of the permit, or within a\nshorter period that the CEO in a particular case permits; and\n(e) be accompanied by any fee imposed by the Council under section 6.16 to 6.19 of the Act.\n(3) The provisions of this Part that apply to an application for a permit also apply to an application for\nthe renewal of a permit as though it were an application for a permit.\n9.10 Transfer of permit\n(1) An application for the transfer of a valid permit is—\n(a) to be made in writing;\n(b) to be signed by the permit holder and the proposed transferee of the permit;\n(c) to include such information as the CEO or an authorised person may require to enable the\napplication to be determined; and\n(d) to be forwarded to the CEO together with any fee imposed by the Council under sections 6.16\nto 6.19 of the Act.\n(2) The CEO or an authorised person may approve an application for the transfer of a permit, refuse to\napprove it or approve it subject to any conditions.\n(3) Where the CEO or an authorised person approves an application for the transfer of a permit, the\ntransfer may be effected by an endorsement on the permit signed by the CEO or the authorised person.\n(4) Where the CEO or an authorised person approves the transfer of a permit, the local government is\nnot required to refund any part of any fee paid by the former permit holder.\n9.11 Suspension of permit\n(1) The CEO may, subject to clause 9.12, by written notice given to the permit holder, suspend a permit\nif there are reasonable grounds for believing that—\n(a) the permit holder has contravened a term or condition of a permit;\n(b) the permit holder has contravened a provision of this local law; or\n(c) the continued carrying on of the activity authorised by the permit constitutes or will constitute\nan unacceptable risk to the safety of the public.\n(2) The suspension notice must—\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’s decision to suspend the permit; 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 permit holder that he/she has a right to apply under the Act for a review of the\nCEO’s decision to suspend the permit.\n9.12 Proposed suspension\n(1) If the CEO proposes to suspend a permit for the reason mentioned in clause 9.11(1)(a), the CEO\nmust give written notice to the permit holder of the proposed suspension.\n(2) The notice must—\n(a) state that the CEO proposes to suspend the permit;\n(b) state the reasons for the proposed suspension; and\n(c) inform the permit holder that the permit holder is entitled to make representations to the CEO\nin respect of the proposed suspension within 7 days after the day on which the permit holder is\ngiven the notice.\n(3) In considering whether to suspend the permit, the CEO must have regard to any representations\nmade by the permit holder within the period referred to in subclause (2)(c).\n9.13 Revocation of suspension\n(1) The CEO must, by written notice given to the permit holder, revoke the suspension of a permit if\nthe CEO is satisfied that the steps specified in the suspension notice have been taken.\n(2) The CEO may, by written notice given to the permit holder, revoke the suspension of the permit if\nthe CEO considers that it is appropriate to do so in the circumstances of a particular case.\n9.14 Period of suspension\nThe suspension of a permit 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 9.13;\n(b) the permit is cancelled under clause 9.15 or expires; or\n(c) the permit is surrendered in accordance with the provisions of this local law.\n9.15 Cancellation of permit\nA permit may be cancelled by the CEO if—\n(a) the permit was obtained improperly by including false or misleading information;\n\n","sortOrder":22},{"sectionNumber":"2196","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 March 2022","content":"2196 GOVERNMENT GAZETTE, WA 16 March 2022\n(b) the permit holder has persistently or frequently contravened a term or condition of the permit,\nor a provision of this local law, whether or not the permit is or has been suspended on the\ngrounds of a contravention; or\n(c) there are reasonable grounds for believing that the continued carrying on of the activity\nconstitutes or would constitute an unacceptable risk to the safety of the public, whether or not\nthe permit has been suspended on the grounds of that risk.\n9.16 Surrender of permit\nA permit holder may, at any time by notice in writing to the CEO, surrender the permit.\nDivision 4—Responsibilities of permit holders and others\n9.17 Production of permit\nA permit holder must produce to an authorised person her or his permit immediately after being\nrequired to do so by that authorised person.\n9.18 Other responsibilities of permit holder\nA permit holder must, in respect of local government property to which the permit 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 a direction from the CEO or an authorised person to take the action specified in\nthe direction 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 reasonable action to prevent the consumption of any liquor on the local government\nproperty unless the permit allows it and a licence has been obtained under the Liquor Control\nAct for that purpose.\n9.19 Production of permit document for amendment\nIf the CEO or an authorised person amends or renews a permit, the permit holder must, if required by\nthe CEO or authorised person, produce the permit document to the CEO or authorised person for\namendment within the period specified by the CEO or authorised person.\n9.20 Return of permit document if permit no longer in effect\nIf a permit—\n(a) has expired or has not been renewed;\n(b) has been suspended or cancelled; or\n(c) has been surrendered,\nthe person who was the permit holder must, as soon as practicable after the expiry, suspension,\ncancellation or surrender, return the permit document to the CEO.\n9.21 Advertising\nA person must 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 permit authorising that commercial activity.\n9.22 False or misleading statement\nA person must not make a false or misleading statement in connection with an application in respect\nof a permit under this local law.\nPART 10—OBJECTIONS AND REVIEW\n10.1 Objection and review rights\nDivision 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 permit.\nPART 11—ENFORCEMENT\nDivision 1—Notices\n11.1 Definition\nIn this Division—\ncosts of the local government include its administrative costs.\n11.2 Damage to local government property\nIf a person unlawfully removes, damages or interferes with local government property or portion of a\nstreet, the CEO or an authorised person may give the person a notice requiring that person, within the\ntime specified in the notice, to do any one or more of the following (at the local government’s option)—\n(a) reinstate the property to the state it was in before the removal, damage or interference;\n(b) replace that property; or\n\n16 March 2022 GOVERNMENT GAZETTE, WA 2197\n(c) pay for the costs of reinstatement or replacement.\n11.3 Breach of a permit\nIf a permit holder breaches a condition of the permit, or fails to comply with a direction under this local\nlaw, the CEO or an authorised person may give the person a notice.\n11.4 Notice requirements\nA notice under this Division must—\n(a) be in writing;\n(b) specify the reason for giving the notice, the work or action that is required to be undertaken\nand the time within which it is to be undertaken; and\n(c) be given to the person referred to in clause 11.2 or 11.3, as the case may be.\n11.5 Local government may undertake requirements of notice\n(1) If a person fails to comply with a notice referred to in clause 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; and\n(b) recover from the person, as a debt, the costs of doing so.\n(2) If a person fails to comply with a notice referred to in clause 11.3, the local government may—\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 from the person, as a debt, the costs of doing so.\n11.6 Offence to fail to comply with notice\nA person who fails to comply with a notice given to him or her under this local law commits an offence.\nDivision 2—Offences and penalties\n11.7 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 less\nthan $500 and not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty\nnot exceeding $500 for each day or part of a day during which the offence has continued.\n11.8 Prescribed offences\n(1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section\n9.16(1) of the Act.\n(2) The modified penalty for a prescribed offence is the amount specified adjacent to the clause in\nSchedule 2.\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, the local government should be satisfied that—\n(a) commission of the prescribed offence is a relatively minor matter; and\n(b) only straightforward issues of law and fact are involved in determining whether the prescribed\noffence was committed, and the facts in issue are readily ascertainable.\n11.9 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 Regulations;\n(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in\n","sortOrder":23},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"of the Regulations; and","content":"Schedule 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.\n11.10 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) 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\n","sortOrder":24},{"sectionNumber":"2198","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 March 2022","content":"2198 GOVERNMENT GAZETTE, WA 16 March 2022\nSCHEDULE 1—DETERMINATIONS\n[Clause 2.1]\nThe following determinations are to be taken to have been made by the local government under clause\n2.1.\n1.1 Definition\nIn these determinations—\nlocal law means the Public Places and Local Government Property Local Law 2022 made by the\nlocal government.\n1.2 Interpretation\nWhere a term is used but not defined in a determination and that term is defined in this local law then\nthe term is to have the meaning given to it in this local law.\nPART 2—APPLICATION\n2.1 Vehicles on local government property\n(1) Unless authorised by a permit or determination, a person must 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\n(ii) maintaining the local government property;\n(c) the person is driving an emergency vehicle in the course of his or her duties;\n(d) the vehicle is—\n(i) driven on local government property that has been designated as a golf course;\n(ii) used in accordance with the conditions set down by the local government, the controller\nor an authorised person; and\n(iii) of a type allowed to be taken onto the golf course by the local government, the controller\nor an authorised person; or\n(e) the vehicle is a motorised wheelchair, and the driver of that vehicle is a disabled person.\n(2) A person must not drive a vehicle or allow a vehicle to be driven on local government property at a\nspeed exceeding 10 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 paragraphs (b), (c), (d) or (e) of subclause (1), a person must not drive\na vehicle on local government property that is being used for a function for which a permit has been\nobtained unless permitted to do so by the permit holder or an authorised person.\n2.2 Motorised model aeroplanes, toys or ships\nA person must not use, launch or fly a drone, motorised model aeroplane, toy, ship, glider or rocket that\nis propelled by mechanical, hydraulic, combustion or pyrotechnic means on or from local government\nproperty except in accordance with a permit or determination that specifies that particular local\n2.3 Children’s playgrounds\n(1) The local government may set aside a public reserve or any portion of a public reserve as a children’s\nplayground.\n(2) The local government may limit the ages of persons who are permitted to use a children’s playground\nand may erect a sign under clause 2.3 of this local law to that effect on or in the immediate vicinity of\nthe playground.\n(3) A person over the age specified on that sign, other than a person having the charge of a child or\nchildren in the playground, must not use a playground or interfere with the use by children of the\nplayground.\n2.4 Launching and retrieval of boats\nA person must not take a boat onto, launch a boat from, or retrieve a boat on, local government property\nexcept in accordance with permit or a determination that specifies that particular local government\nproperty unless—\n(a) the person is\n(i) a local government employee or authorised person; or\n(ii) a contractor engaged by the local government and who is engaged in providing a service,\nmaintaining or making a delivery in connection with, the local government property.\n(b) the person is in charge of a boat engaged in rescue services or dealing with an emergency; or\n\n16 March 2022 GOVERNMENT GAZETTE, WA 2199\n(c) the local government property is a boat ramp that is delineated by a sign to that effect.\n2.5 Activities prohibited on local government property\n(1) A person must not play or practise archery or pistol or rifle shooting on local government property\nexcept on land which is reserved by the local government for that purpose, or as otherwise permitted\nby a determination or permit.\n(2) A person must not play or practise golf on local government property except on a reserve set aside\nby the local government as a golf course.\n(3) A person must not, on any local government property, use or ride a bicycle or wheeled recreational\ndevice, skateboard, or sand board—\n(a) inside, or on the curtilage to, a building;\n(b) on a golf course except to the extent permitted under clause 2.1(1)(d) of these Determinations;\nor\n(c) in or on a lakebed or waterway.\n(4) A person must not use on, or take on to, any local government property, a spear gun, hand spear,\ngidgie or similar device unless permitted by a determination or permit.\n(5) A person shall not traverse sand dunes except along pathways designated by signs or fences for the\npurpose.\n————\n","sortOrder":25},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"PRESCRIBED OFFENCES","content":"SCHEDULE 2—PRESCRIBED OFFENCES\n[Clause 11.8]\nItem\nnumber\nClause Description Modified\nPenalty ($)\n1 2.4 Failure to comply with a determination 100\n2 3.1 Undertaking activity on local government property\nwithout a permit\n3 3.2 Camping on local government property or erecting an\nunauthorised structure\n4 3.3 Failure to obtain licence for liquor 100\n5 4.2 Failure to obtain permit for sign 100\n6 4.4(3) Failure to comply with sign permit condition 100\n7 5.1 Behaviour interfering with others 100\n8 5.2 Behaviour detrimental to local government property 100\n9 5.3 Taking or injuring fauna without authorisation 100\n10 5.4 Removing, damaging or depositing flora without\n11 5.5 Animal on local government property without a permit 100\n12 5.6 Under influence of liquor or prohibited drug on local\ngovernment property\n13 5.8 Failure to comply with sign 100\n14 5.9 Failure to comply with direction of authorised person 100\n15 6.1, 6.2 Unauthorised entry to event, closed or fenced local\ngovernment property\n16 6.4 Failure to observe conditions of play or direction of\ncourse controller on golf course\n17 6.8 Unauthorised entry to airport premises 100\n18 6.9 Animal on airport premises without approval 100\n19 7.1(a),\n7.4(2)(b)\nPlanting or allowing plant or verge treatment in street to\nbecome a sightline hazard\n20 7.1(b) Damaging a street lawn or garden 100\n21 7.1(c) Damaging or removing whole or part of a street tree\nwithout authorisation\n22 7.1(d) Obstruction of street 100\n23 7.1(e) Damaging, removing or interfering with street, part of\nstreet, sign or structure in a street without authorisation\n24 7.1(f) Playing games in street so as to impede vehicles or\npersons\n\n","sortOrder":26},{"sectionNumber":"2200","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 March 2022","content":"2200 GOVERNMENT GAZETTE, WA 16 March 2022\nItem\nnumber\nClause Description Modified\nPenalty ($)\n25 7.2 Carry on or undertake prohibited activity in street or\ndamage local government property in a street without\n26 7.4(4) Install verge treatment that is not a permissible\ntreatment\n27 7.5(a),\n7.5(d)\n7.5(e)\nFailure to keep permissible verge treatment in good and\ntidy condition, obstruct a street, footpath, drain, or\ndriveway\n28 7.5(c) Placing an obstruction on or around a verge treatment 100\n29 7.5(f) Failure to ensure sprinklers or reticulation pipes do not\nprotrude above level of verge treatment when not in use,\nnot used at such times as to cause inconvenience to\npedestrians, or otherwise present a hazard\n30 7.8 Failure to obtain permit for a temporary crossing 100\n31 7.9 Failure to remove redundant crossing or reinstate kerb,\ndrain, footpath, verge or street\n32 7.12 Failure to comply with condition of use of a street\nindicated by a sign\n33 8.1(1) Animal or vehicle obstructing public place without\n34 8.2(2) Animal in public place when not led, ridden or driven 100\n35 8.3 Failure to clearly mark name or trading name on\nshopping trolley\n36 8.4 Person leaving a shopping trolley in a public place other\nthan trolley bay\n37 8.5 Failure to remove shopping trolley after being advised of\nlocation\n38 9.7 Failure to comply with permit condition 100\n39 9.18 Failure to comply with permit condition in relation to\nlocal government property\n40 9.17, 9.19,\n9.20\nFailure to produce permit for inspection, amendment or\nto return permit when no longer in effect\n41 11.6 Failure to comply with notice 300\n42 11.7 All other offences not specified 100\n————\nDated this 15th day of February 2022.\n\n","sortOrder":27},{"sectionNumber":"2202","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 March 2022","content":"2202 GOVERNMENT GAZETTE, WA 16 March 2022\nCAT ACT 2011\nCAT LOCAL LAW 2022\nUnder the powers conferred by the Cat Act 2011, the Local Government Act 1995 and all other powers\nenabling it, the Council of the Shire of Leonora resolved on 15th February 2022 to make the following\nlocal law.\n1.1 Title\nThis is the Shire of Leonora Cat Local Law 2022.\n1.2 Commencement\n1.3 Repeal\nClause 5.2.4 of the Shire of Leonora Health Local Laws 1999 published in the Government Gazette on\n","sortOrder":28},{"sectionNumber":"9","sectionType":"section","heading":"April 1999 is repealed.","content":"9 April 1999 is repealed.\n1.4 Terms used\n(1) In this local law, unless the context otherwise requires—\nAct means the Cat Act 2011;\napplicant means a person who applies for an approval;\napplication means an application for an approval;\napproval means approval under regulation 9 of the Cat (Uniform Local Provisions)\nRegulations 2013 and Part 2 of this local law;\napproved person means the person to whom an approval is granted;\nauthorised person means a person appointed by the local government to perform the functions\nconferred on an authorised person under this local law;\ncat has the meaning given to it in the Act;\ncat management facility has the meaning given to it in the Act;\nCEO means the Chief Executive Officer of the local government;\ndistrict means the district of the local government;\nlocal planning scheme means a local planning scheme made by the local government under the\nPlanning and Development Act 2005;\nnuisance means—\n(a) an activity or condition which is harmful or annoying and which gives rise to legal liability\nin the tort of public or private nuisance at law;\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\n(c) interference which causes material damage to land or other property on the land affected\nby the interference;\nowner has the meaning given to it in the Act;\npremises has the meaning given to it in the Act; and\nveterinarian has the meaning given to it in the Act.\n(2) A term that is used in this local law and is not defined in subclause (1) has the same meaning given\nto it in the Act or, if not defined in the Act, the same meaning given to it in the Cat Regulations 2012,\nthe Cat (Uniform Local Provisions) Regulations 2013 or the Local Government Act 1995.\n1.5 Application\nPART 2—NUMBER OF CATS THAT MAY BE KEPT\n2.1 Interpretation\nFor the purposes of applying this Part, a cat does not include a cat less than 6 months old.\n\n16 March 2022 GOVERNMENT GAZETTE, WA 2203\n2.2 Prescribed premises\nFor the purposes of the definition of prescribed premises in regulation 4(1) of the Cat (Uniform Local\nProvisions) Regulations 2013, this local law limits the number of cats that may be kept at any premises\nwithin the district except—\n(a) a cat management facility operated by a body prescribed as a cat management facility operator\nunder the Cat Regulations 2012;\n(b) a cat management facility operated by the local government; or\n(c) a veterinary clinic or veterinary hospital as defined under section 2 of the Veterinary Surgeons\nAct 1960, but only in relation to cats kept on those premises for treatment.\n2.3 Standard number of cats\nFor the purposes of the definition of standard number of cats in regulation 4(1) of the Cat (Uniform\nLocal Provisions) Regulations 2013, no more than 2 cats may be kept on premises within the residential\nzone of the local planning scheme or used for residential purposes at which a member of a cat\norganisation is not ordinarily resident.\n2.4 Application for approval\n(1) An application for approval to keep an additional number of cats at prescribed premises is dealt\nwith in regulation 8 of the Cat (Uniform Local Provisions) Regulations 2013.\n(2) An application for approval must be accompanied by the application fee determined by the local\ngovernment in accordance with the Act.\n2.5 Determining an application\n(1) For the purpose of determining whether to grant approval for an application to keep an additional\nnumber of cats at prescribed premises, the local government must have regard to—\n(a) the zoning of the land under the local planning scheme;\n(b) the physical suitability of the premises for the proposed use;\n(c) the environmental sensitivity and general nature of the location surrounding the premises for\nthe proposed use;\n(d) the structural suitability of any enclosure in which any cat is to be kept;\n(e) the likelihood of a cat causing a nuisance, inconvenience or annoyance to an occupier of\nadjoining land;\n(f) the likely effect on the amenity of the surrounding area of the proposed use;\n(g) the likely effect on the local environment including any pollution or other environmental\ndamage, which may be caused by the proposed use; and\n(h) any other factors which the local government considers to be relevant in the circumstances of\nthe application.\n(2) An approval is to be in the form determined by the local government and is to be issued to the\napproved person.\n2.6 Conditions\n(1) For the purpose of ensuring that the premises to which an application relates are suitable for the\nadditional number of cats, the local government may impose any condition that it considers to be\nreasonably necessary for that purpose, including—\n(a) that the premises must be adequately fenced (and premises will be taken not to be adequately\nfenced if there is more than one escape of a cat from the premises);\n(b) that there must be adequate space for the exercise of the cats;\n(c) that, in the case of multiple dwellings where there is no suitable dividing fence, each current\noccupier of the adjoining multiple dwellings must give their written consent to the approval;\nand\n(d) that, without the consent of the local government, the approved person must not substitute or\nreplace any cat that dies or is permanently removed from the premises.\n(2) An approved person who does not comply with a condition of the approval, commits an offence.\nPenalty: a fine of not less than $1,000 and not exceeding $5,000, and if the offence is of a continuing\nnature, to an additional penalty not exceeding $500 for each day or part of a day during which the\noffence has continued.\n2.7 Renewal of an application\n(1) An application is to be renewed if—\n(a) the approved person has not breached the conditions of the approval;\n(b) the approval would have been granted if a fresh application for approval had been made; and\n(c) the renewal fee, imposed and determined by the local government under sections 6.16 to 6.19\nof the Local Government Act 1995, is paid to the local government before the expiry of the\napproval.\n(2) On the renewal of an approval, the conditions of the approval that applied immediately before the\nrenewal continue to have effect.\n\n","sortOrder":29},{"sectionNumber":"2204","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 March 2022","content":"2204 GOVERNMENT GAZETTE, WA 16 March 2022\n2.8 Transfer of an approval\n(1) An approval relates only to the premises specified in the approval, and only to the approved person\nspecified in the approval, and is transferrable only in accordance with this clause 2.8.\n(2) An application for the transfer of an approval from the approved person to another person must be—\n(a) made in the form determined by the local government;\n(b) made by the proposed transferee;\n(c) made with the consent of the approved person; and\n(d) lodged with the local government together with the fee for the application for the transfer of an\napproval that is imposed and determined by the local government under sections 6.16 to 6.19\nof the Local Government Act 1995.\n(3) The local government is not to determine an application for the transfer of an approval until the\nproposed transferee has complied with subclause (2).\n(4) The local government may grant, or refuse to grant, an application for the transfer of an approval,\nand this approval will be subject to such conditions as the local government may impose under\nRegulation 9(3) of the Cat (Uniform Local Provisions) Regulations 2013.\n(5) Where the local government grants an application for the transfer of an approval—\n(a) it is to issue to the transferee an approval in the form determined by the CEO; and\n(b) on the date of approval, unless otherwise specified in the approval, the transferee becomes the\napproved person for the purposes of this local law.\n2.9 Variation or cancellation of an approval\n(1) The local government may, at any time, vary the conditions of an approval by giving written notice\nto the permit holder and specifying the date on which the changes will become effective.\n(2) The local government may cancel an approval—\n(a) on the request of the approved person;\n(b) if the approved person breaches the Act, the Cat Regulations 2012, the Cat (Uniform Local\nProvisions) Regulations 2013 or this local law; or\n(c) if the approved person is not a fit and proper person to provide for the health and welfare of\nthe cats.\n(3) If an approval is cancelled, the fee paid for the approval is not refundable for the term of the approval\nthat has not yet expired.\n2.10 Objection and review rights\nA decision of the local government made under clauses 2.7, 2.8 or 2.9 is a decision to which Division 1,\nPart 9 of the Local Government Act 1995 applies.\nPART 3—ENFORCEMENT\n3.1 Infringement notices\n(1) An offence against clause 2.6(2) is a prescribed offence for the purposes of section 62(1) of the Act and\nthe modified penalty for the offence is a fine of $200.\n(2) The form of an infringement notice is Form 6 in the Cat Regulations 2012, Schedule 1.\n(3) The form of withdrawal of the infringement notice is Form 7 in the Cat Regulations 2012, Schedule\n1.\nDated this 15th day of February 2022.\n\n","sortOrder":30},{"sectionNumber":"2206","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 March 2022","content":"2206 GOVERNMENT GAZETTE, WA 16 March 2022\nDOG ACT 1976\nUnder the powers conferred by the Local Government Act 1995, the Dog Act 1976 and under all other\npowers enabling it, the Council of the Shire of Leonora resolved on 15th February 2022 to make the\nfollowing local law.\n1.1 Citation\nThis local law may be cited as the Shire of Leonora Dog Local Law 2022.\n1.2 Repeal\nThe Shire of Leonora Local Law Relating to Dogs 1999 published in the Government Gazette on 9 July\n1999 and amended in the Government Gazette on 24 December 1999 is repealed.\n1.3 Definitions\nIn this local law unless the context otherwise requires—\nAct means the Dog Act 1976;\nauthorised person means a person authorised by the local government to perform all or any of\nthe functions conferred on an authorised person under this local law;\nCEO means the Chief Executive Officer of the local government;\ndistrict means the district of the local government;\nlocal planning scheme means a local planning scheme made by the local government under the\nPlanning and Development Act 2005;\nRegulations means the Dog Regulations 2013;\nSchedule means a schedule in this local law; and\nthoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995.\n1.4 Application\n1.5 Commencement\nPART 2—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS\n2.1 Dogs to be confined\n(1) An occupier of premises on which a dog is kept must—\n(a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of\nconfining the dog;\n(b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height\nand construction which having regard to the breed, age, size and physical condition of the dog\nis capable of preventing the dog at all times from passing over, under or through it;\n(c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the\npremises (unless the gate is temporarily opened in a manner that ensures that the dog remains\nconfined) and is fitted with a proper latch or other means of fastening it;\n(d) maintain the fence and all gates and doors in the fence in good order and condition;\n(e) ensure the fence is erected and maintained in accordance with the provisions of the Shire of\nLeonora Fencing Local Law or a policy made under a local planning scheme ; and\n(f) where no part of the premises consists of open space, yard or garden or there is no open space\nor garden or yard of which the occupier has exclusive use or occupation, ensure that other\nmeans exist on the premises (other than the tethering of the dog) for effectively confining the\ndog within the premises.\n(2) Where an occupier fails to comply with subclause (1), he or she commits an offence.\n(3) Notwithstanding subclauses (1) and (2), the confinement of dangerous dogs is dealt with in the\nAct and Regulations.\n\n16 March 2022 GOVERNMENT GAZETTE, WA 2207\n2.2 Limitation on the number of dogs\n(1) This clause does not apply to premises which have been—\n(a) licensed under Part 3 as an approved kennel establishment;\n(b) granted an exemption under section 26(3) of the Act; or\n(c) established as a veterinary hospital or a veterinary clinic.\n(2) The limit on the number of dogs which may be kept on any premises is, for the purpose of\nsection 26(4) of the Act is—\n(a) two dogs over the age of three months and the young of those dogs under that age if the\npremises are situated within a town site; and\n(b) four dogs over the age of three months and the young of those dogs under that age if the\npremises are situated outside a town site.\nPART 3—APPROVED KENNEL ESTABLISHMENTS\n3.1 Interpretation\nIn this Part and in Schedule 2—\nlicence means a licence to keep an approved kennel establishment on premises;\nlicensee means the holder of a licence;\npremises, in addition to the meaning given to it in section 3 of the Act, means the premises\ndescribed in the application for a licence; and\ntransferee means a person who applies for the transfer of a licence to her or him under clause 3.14.\n3.2 Application for licence for approved kennel establishment\nAn application for a licence must be made in the form of that in Schedule 1, and must be lodged with\nthe local government together with—\n(a) evidence of any approvals required under the local planning scheme—\n(b) plans and specifications of the kennel establishment, including a site plan;\n(c) copies of the notices to be given under clause 3.3;\n(d) written evidence that either the applicant or another person who will have the charge of the\ndogs, will reside on the premises or, in the opinion of the local government, sufficiently close to\nthe premises so as to control the dogs and so as to ensure their health and welfare;\n(e) a written acknowledgement that the applicant has read and agrees to comply with any code of\npractice relating to the keeping of dogs nominated by the local government; and\n(f) the fee for the application for a licence referred to in clause 3.10.\n3.3 Notice of proposed use\n(1) An applicant for a licence must give notice of the proposed use of the premises as an approved kennel\nestablishment after the application for a licence has been lodged—\n(a) once in a newspaper circulating in the district; and\n(b) to the owners and occupiers of any premises adjoining the premises.\n(2) The notices in subclause (1) must specify that—\n(a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days\nof the date the notice is given; and\n(b) the application and plans and specifications may be inspected at the offices of the local\n(3) Where—\n(a) the notices given under subclause (1) do not clearly identify the premises; or\n(b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in the\nopinion of the local government, would fail to serve the purpose of notifying persons of the\nproposed use of the premises,\nthen the local government may refuse to determine the application for a licence until the notices or\nnotice, as the case may be, is given in accordance with its directions.\n3.4 Exemption from notice requirements\n(1) Where an application for a licence is made in respect of premises on which an approved kennel\nestablishment is either a—\n(a) permitted use; or\n(b) use which the local government may approve subject to compliance with specified notice\nrequirements,\nunder a local planning scheme, then the requirements of clauses 3.2(c), 3.3 and 3.5(c) do not apply in\nrespect of the application for a licence.\n(2) The local government may require advertising of an application as part of the planning process.\n\n","sortOrder":31},{"sectionNumber":"2208","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 March 2022","content":"2208 GOVERNMENT GAZETTE, WA 16 March 2022\n3.5 When application can be determined\nAn application for a licence is not to be determined by the local government until—\n(a) any approvals required under the local planning scheme have been obtained by the applicant;\n(b) the applicant has complied with clause 3.2;\n(c) the applicant submits proof that the notices referred to in clause 3.3(1) have been given in\naccordance with that clause; and\n(d) the local government has considered any written submissions received within the time specified\nin clause 3.3(2)(a) on the proposed use of the premises.\n3.6 Determination of application\nIn determining an application for a licence, the local government is to have regard to—\n(a) the matters referred to in clause 3.7;\n(b) any written submissions received within the time specified in clause 3.3(2)(a) on the proposed\nuse of the premises;\n(c) any economic or social benefits which may be derived by any person in the district if the\napplication for a licence is approved;\n(d) the effect which the approved kennel establishment may have on the environment or amenity\nof the neighbourhood;\n(e) whether the approved kennel establishment will create a nuisance for the owners and occupiers\nof adjoining premises; and\n(f) whether or not the imposition of and compliance with appropriate conditions of a licence will\nmitigate any adverse effects of the approved kennel establishment identified in the preceding\nparagraphs.\n3.7 Where application cannot be approved\nThe local government cannot approve an application for a licence where—\n(a) an approved kennel establishment cannot be permitted by the local government on the\npremises under a local planning scheme unless prior valid planning approval has been issued\nby the local government and the application for a licence is consistent with that approval; or\n(b) an applicant for a licence or another person who will have the charge of the dogs will not reside\non the premises, or, in the opinion of the local government, sufficiently close to the premises so\nas to control the dogs and so as to ensure their health and welfare.\n3.8 Conditions of approval\n(1) The local government may approve an application for a licence subject to the conditions contained\nin Schedule 2 and to such other conditions as the local government considers appropriate.\n(2) In respect of a particular application for a licence, the local government may vary any of the\nconditions contained in Schedule 2.\n3.9 Compliance with conditions of approval\nPenalties applicable where a licensee does not comply with the conditions of a licence are contained in\nthe Act and Regulations.\n3.10 Fees\n(1) On lodging an application for a licence, the applicant is to pay a fee to the local government.\n(2) On the issue or renewal of a licence, the licensee is to pay a fee to the local government.\n(3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the local\n(4) The fees referred to in subclauses (1) to (3) are to be imposed and determined by the local government\nunder sections 6.15 to 6.19 of the Local Government Act 1995.\n3.11 Form of licence\nThe licence is to be in the form determined by the local government and is to be issued to the licensee.\n3.12 Period of licence\n(1) The period of effect of a licence is set out in section 27(5) of the Act.\n(2) A licence is to be renewed if the fee referred to in clause 3.10(2) is paid to the local government prior\nto the expiry of the licence.\n(3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have\neffect.\n3.13 Variation or cancellation of licence\n(1) The local government may vary the conditions of a licence.\n(2) The local government may cancel a licence—\n(a) on the request of the licensee;\n(b) following a breach of the Act, the Regulations or this local law; or\n(c) if the licensee is not a fit and proper person.\n\n16 March 2022 GOVERNMENT GAZETTE, WA 2209\n(3) The date a licence is cancelled is to be, in the case of—\n(a) paragraph (a) of subclause (2), the date requested by the licensee; or\n(b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act.\n3.14 Transfer\n(1) An application for the transfer of a valid licence from the licensee to another person must be—\n(a) made in the form determined by the local government;\n(b) made by the transferee;\n(c) made with the written consent of the licensee; and\n(d) lodged with the local government together with—\n(i) written evidence that a person will reside at or within reasonably close proximity to the\npremises the subject of the licence; and\n(ii) the fee for the application for the transfer of a licence referred to in\nclause 3.10(3).\n(2) The local government is not to determine an application for the transfer of a valid licence until the\ntransferee has complied with subclause (1).\n(3) The local government may approve, whether or not subject to such conditions as it considers\nappropriate, or refuse to approve an application for the transfer of a valid licence.\n(4) Where the local government approves an application for the transfer of a valid licence, then on the\ndate of approval, unless otherwise specified in the notice issued under clause 3.15(b), the transferee\nbecomes the licensee of the licence for the purposes of this local law.\n3.15 Notification\nThe local government is to give written notice to—\n(a) an applicant for a licence of the local government’s decision on her or his application;\n(b) a transferee of the local government’s decision on her or his application for the transfer of a\nvalid licence;\n(c) a licensee of any variation made under clause 3.13(1);\n(d) a licensee when her or his licence is due for renewal and the manner in which it may be\nrenewed;\n(e) a licensee when her or his licence is renewed;\n(f) a licensee of the cancellation of a licence under clause 3.13(2)(a); and\n(g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 3.13(2), which\nnotice is to be given in accordance with section 27(6) of the Act.\n3.16 Inspection of kennel\nWith the consent of the occupier, an authorised person may inspect an approved kennel establishment\nat any time.\nPART 4—MISCELLANEOUS\n4.1 Offence to excrete\n(1) A dog must not excrete on—\n(a) any thoroughfare, any dog exercise area or other public place; or\n(b) any land which is not a public place without the consent of the occupier.\n(2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the control\nof the dog at that time commits an offence.\n(3) The person liable for the control of the dog does not commit an offence against subclause (2) if any\nexcreta is removed immediately by that person.\n(4) Notwithstanding clause 5.2, the unmodified penalty for an offence under this clause is $1,000.\n","sortOrder":32},{"sectionNumber":"Part 5","sectionType":"part","heading":"ENFORCEMENT","content":"PART 5—ENFORCEMENT\n5.1 Interpretation\nIn this Part—\ninfringement notice means the notice referred to in clause 5.4; and\nnotice of withdrawal means the notice referred to in clause 5.7(1).\n5.2 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 less\nthan $500 and not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty\nnot exceeding $500 for each day or part of a day during which the offence has continued.\n\n","sortOrder":33},{"sectionNumber":"2210","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 March 2022","content":"2210 GOVERNMENT GAZETTE, WA 16 March 2022\n5.3 Modified penalties\nThe offences contained in Schedule 3 are offences in relation to which a modified penalty may be\nimposed.\n5.4 Issue of infringement notice\nWhere an authorised person has reason to believe that a person has committed an offence in respect of\nwhich a modified penalty may be imposed, he or she may issue to that person a notice in the form of\nForm 8 of the First Schedule of the Regulations.\n5.5 Failure to pay modified penalty\nWhere a person who has received an infringement notice fails to pay the modified penalty within the\ntime specified in the notice, or within such further time as may in any particular case be allowed by the\nCEO, he or she is deemed to have declined to have the offence dealt with by way of a modified penalty.\n5.6 Payment of modified penalty\nA person who has received an infringement notice may, within the time specified in that notice or within\nsuch further time as may in any particular case be allowed by the CEO, send or deliver to the local\ngovernment the amount of the penalty, with or without a reply as to the circumstances giving rise to\nthe offence, and the local government may appropriate that amount in satisfaction of the penalty and\nissue an acknowledgment.\n5.7 Withdrawal of infringement notice\n(1) Whether or not the modified penalty has been paid, an authorised person may withdraw an\ninfringement notice by sending a notice in the form of Form 9 of the First Schedule of the Regulations.\n(2) A person authorised to issue an infringement notice under clause 5.4 cannot sign or send a notice of\nwithdrawal.\nSCHEDULE 1—APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL\nESTABLISHMENT\n(clause 3.2)\nI/we (full name) ........................................................................................................................................\nof (postal address) ....................................................................................................................................\n(telephone number) ..................................................................................................................................\n(facsimile number) ...................................................................................................................................\n(E-mail address) .......................................................................................................................................\nApply for a licence for an approved kennel establishment at (address of premises) ............................\n..................................................................................................................................................................\nFor (number and breed of dogs)...............................................................................................................\n* (insert name of person) ............................................................ will be residing at the premises on and\nfrom (insert date) ...........................................\n* (insert name of person) .................................................. will be residing (sufficiently close to the\npremises so as to control the dogs and so as to ensure their health and welfare) at\n............................................................................... (insert address of residence)\non and from ................................... (insert date).\nAttached are—\n(a) a site plan of the premises showing the location of the kennels and yards and all other buildings\nand structures and fences;\n(b) plans and specifications of the kennel establishment;\n(c) copy of notice of proposed use to appear in newspaper;\n(d) copy of notice of proposed use to be given to adjoining premises;\n(e) written evidence that a person will reside—\n(i) at the premises; or\n(ii) sufficiently close to the premises so as to control the dogs and so as to ensure their health\nand welfare; and\n(f) if the person in item (e) is not the applicant, written evidence that the person is a person in\ncharge of the dogs.\nI confirm that I have read and agree to comply with the Code of Practice known as\n………………………………………………………, in the keeping of dogs at the proposed kennel\nestablishment.\nSignature of applicant................................................................\nDate ............................................................................................\n* delete where inapplicable.\n\n16 March 2022 GOVERNMENT GAZETTE, WA 2211\nNote: A licence if issued will have effect for a period of 12 months—section 27.5 of the Dog Act.\nOFFICE USE ONLY\nApplication fee paid on [insert date].\n————\nSCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL\nESTABLISHMENT\n(clause 3.8(1))\nAn application for a licence for an approved kennel establishment may be approved subject to the\nfollowing conditions—\n(a) each kennel, unless it is fully enclosed, must have a yard attached to it;\n(b) each kennel and each yard must be at a distance of not less than—\n(i) 25m from the front boundary of the premises and 5m from any other boundary of the\npremises;\n(ii) 10m from any dwelling; and\n(iii) 25m from any church, school room, hall, factory, dairy or premises where food is\nmanufactured, prepared, packed or stored for human consumption;\n(c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or\nnetting or other materials approved by the local government;\n(d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the breed\nof dog (when it is fully grown), squared, times the number of dogs to be housed in the kennel\nand the length of the dog is to be determined by measuring from the base of the tail to the front\nof its shoulder;\n(e) the floor area of the yard attached to any kennel or group of kennels must be at least twice the\nfloor area of the kennel or group of kennels to which it is attached;\n(f) the upper surface of the kennel floor must be—\n(i) at least 100mm above the surface of the surrounding ground;\n(ii) smooth so as to facilitate cleaning;\n(iii) rigid;\n(iv) durable;\n(v) slip resistant;\n(vi) resistant to corrosion;\n(vii) non-toxic;\n(viii) impervious;\n(ix) free from cracks, crevices and other defects; and\n(x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in turn\nmust lead to a suitably sized diameter sewerage pipe which must be properly laid,\nventilated and trapped in accordance with the health requirements of the local\ngovernment;\n(g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to\napproved apparatus for the treatment of sewage in accordance with the health requirements of\nthe local government;\n(h) the kennel floor must have a durable upstand rising 75mm above the floor level from the\njunction of the floor and external and internal walls, or internal walls must be so constructed\nas to have a minimum clearance of 50mm from the underside of the bottom plate to the floor;\n(i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of\nany kennel;\n(j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of—\n(i) 2m; or\n(ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured\nfrom the floor to the uppermost tip of its shoulders while in a stationary upright position;\n(k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted\ninternally and externally with good quality new zincalume or new pre-finished colour coated\nsteel sheeting or new fibrous cement sheeting or other durable material approved by the local\ngovernment;\n(l) all external surfaces of each kennel must be kept in good condition;\n(m) the roof of each kennel must be constructed of impervious material;\n(n) all kennels and yards and drinking vessels must be maintained in a clean condition and must\nbe cleaned and disinfected when so ordered by an authorised person;\n(o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for the\ntreatment of sewage;\n\n","sortOrder":34},{"sectionNumber":"2212","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 16 March 2022","content":"2212 GOVERNMENT GAZETTE, WA 16 March 2022\n(p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled;\n(q) suitable water must be available at the kennel via a properly supported standpipe and tap; and\n(r) the licensee or the person nominated in the application for a licence, must, in accordance with\nthe application for the licence, continue to reside—\n(i) at the premises; or\n(ii) in the opinion of the local government, sufficiently close to the premises so as to control\nthe dogs, and to ensure their health and welfare.\n————\n","sortOrder":35},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"OFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES","content":"SCHEDULE 3—OFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES\n(clause 5.3)\nOffence Nature of offence\nModified penalty\n$\n2.1 Failing to provide means for effectively confining a dog 100\n4.1(2) Dog excreting in prohibited place 100\n————\nDated this 15th day of February 2022","sortOrder":36}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3494},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"These laws consolidate and modernize existing local laws rather than expanding their scope. The Public Places law repeals three older instruments (from 1951, 1998, and 2001) and merges them into a single comprehensive code. The Cat and Dog laws replace specific 1999 local laws. While the new laws are more detailed and structured, they remain within the traditional scope of regulating public space usage, animal control, and local nuisance management in the Shire."},"complexity_factors":["Three distinct local laws packaged together, each with separate Parts, clauses, and Schedules","Approximately 50 defined terms across the three laws, many referencing external State legislation (e.g., Local Government Act 1995, Dog Act 1976, Cat Act 2011)","Nested structural hierarchy: Parts → Divisions → Clauses → Subclauses (e.g., Part 2 contains Divisions 1-2, which contain clauses 2.1-2.9)","Multiple conditional logic streams: extensive use of 'unless', 'except where', and 'if' creating layered exemptions (e.g., permit required unless activity is exempt under clause X or authorised by determination Y)","Technical specifications in Dog Local Law Schedule 2 (kennel construction): precise measurements for floor areas (2.5 × dog length squared), drainage gradients (1 in 100 fall), material specifications (zincalume sheeting, impervious flooring), and setback distances (25m from front boundary)","Cross-referencing regime: frequent references to external regulations (Cat Regulations 2012, Dog Regulations 2013, Caravan Parks and Camping Grounds Regulations 1997) and Commonwealth law (Disability Discrimination Act 1992)","Dual administrative systems: separate processes for 'determinations' (Part 2) and 'permits' (Part 3 and Part 9), each with distinct application, amendment, and review procedures","Three Schedules in the Public Places law alone (Determinations, Prescribed Offences, Forms) plus three in the Dog law (Application form, Kennel conditions, Offences)"],"plain_english_summary":"**What is this?**\n\nThis document contains three local laws made by the Shire of Leonora (a local council in rural Western Australia) to regulate how people use public spaces and keep pets. Local laws are rules made by councils under powers given to them by State Parliament.\n\n---\n\n### 1. Public Places and Local Government Property Local Law 2022\n\nThis is the main law governing how residents and visitors use council-owned land—including town halls, parks, streets, the local airport, and the golf course.\n\n**Key things it does:**\n*   **Permits required:** You need a permit to do many things on council property, including: hiring a hall, running a market, filming for commercial gain, camping, erecting temporary structures, holding a function, or flying a drone. The law sets out how to apply, how permits can be transferred, suspended, or cancelled, and what conditions can be attached (such as insurance requirements).\n*   **Behavior rules:** You cannot damage property, remove plants or rocks, disturb wildlife, be intoxicated (drunk or drug-affected), or behave in a way that interferes with others enjoying the space. Authorised officers can direct you to leave and ban you for up to 30 days if you break the rules.\n*   **Signs and advertising:** You need a permit to put up advertising signs on roads (thoroughfares), and there are strict rules about size, location, and safety.\n*   **Streets and verges (nature strips):** Residents can install \"permissible verge treatments\" (basically, lawns or gardens) in front of their homes, but must maintain clear sight lines for traffic and not obstruct footpaths. Builders must get permits for temporary vehicle crossings.\n*   **Specific locations:** Special rules apply to the golf course (e.g., children under 10 must be supervised) and the airport (restricted access, no animals except in specific circumstances).\n\n---\n\n### 2. Cat Local Law 2022\n\nThis law controls how many cats you can keep to prevent overcrowding and nuisance.\n\n**Key things it does:**\n*   **Cat limits:** In residential areas, you can keep a maximum of **2 cats** (older than 6 months) without special permission. Cat management facilities and vet clinics are exempt.\n*   **Approvals for more cats:** You can apply for approval to keep additional cats. The council will consider factors like the size of your property, fencing, and whether the cats might annoy neighbors.\n*   **Conditions:** Approvals can come with conditions, such as requiring adequate fencing (if your cat escapes more than once, your fence is deemed inadequate), providing enough exercise space, or getting written consent from neighbors in multi-dwelling situations.\n\n---\n\n### 3. Dog Local Law 2022\n\nThis law sets rules for keeping dogs, focusing on confinement and commercial kennels.\n\n**Key things it does:**\n*   **Dog limits:** You can keep **2 dogs** (over 3 months old) if you live in a town site, or **4 dogs** if you live outside town, unless you have a kennel license or vet clinic exemption.\n*   **Confinement:** You must have fencing capable of containing your dog, with proper gates and latches. The fence must suit the dog's size and breed.\n*   **Kennel licenses:** If you want to run a commercial kennel (breeding or boarding), you need a license. The law includes highly detailed technical specifications in **Schedule 2** covering kennel size, construction materials, drainage, waste disposal, and distance from neighbors (e.g., kennels must be at least 10 meters from any house).\n*   **Dog waste:** It is an offence for a dog to excrete in a public place unless the owner immediately cleans it up.\n\n---\n\n### Why this matters\n\nThese laws set the ground rules for sharing public spaces safely and keeping pets responsibly in the Shire of Leonora. They aim to prevent nuisances (like excessive noise or smell from too many animals), protect council property from damage, and ensure public safety. Breaches can result in fines ranging from $100 for minor infringement notice offences up to $5,000 for more serious matters."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The package expressly repeals earlier local laws and replaces them with consolidated, updated regimes (Public Places: repeal and transitional clauses 1.4 and 2.9; Cat: repeal clause 1.3; Dog: repeal clause 1.2). It narrows or fixes animal limits (Cat 2.3: standard number = 2 in residential zones; Dog 2.2: two dogs in town site, four outside), introduces new or clarified permit and determination processes for many activities on public land, and standardises offences, modified penalties and enforcement processes (see respective Schedules). These changes shift detailed operational discretion to the CEO/authorised persons while imposing clearer technical standards (e.g. kennels) and prescribed administrative procedures for applicants and permit holders."},"complexity_factors":["Multiple interlocking instruments: three separate local laws (Public Places & Local Government Property; Cat; Dog) consolidated in one package, each with its own scope and schedules (see titles and Parts) increasing cross‑document complexity.","Cross‑references to State Acts and regulations (Local Government Act 1995; Dog Act 1976; Cat Act 2011; Liquor Control Act 1988; Caravan Parks and Camping Grounds Act 1995; Planning and Development Act 2005) require reading across statutes and regulations to understand rights and limits (see definitions and commencement clauses in each local law).","Extensive permit and determination regimes with procedural steps, public notice periods and appeal rights; some decisions are non‑delegable to Council while others rest with the CEO or authorised person (see Public Places clauses 2.1–2.6, 2.2(8); Permits Part 9).","High administrative detail: many specified conditions, fees, application forms, inspection and renewal procedures create operational burden (see Public Places Part 9; Dog Part 3; Cat Part 2).","Detailed, technical standards and site requirements (e.g. kennel construction, drainage and sizing in Dog Schedule 2) introduce technical compliance obligations and inspection needs.","Varied offence regimes: prescribed offences with modified penalties and higher unmodified penalties for some breaches (see Public Places Schedule 2; Dog Schedule 3; Cat Part 3), requiring distinct enforcement tracks (infringement notices, prosecutions, notices to remedy).","Discretion and delegated powers concentrated in CEO/authorised persons (power to grant/exempt/condition/suspend/cancel permits, give notices, enter and remove), raising implementation variability and administrative discretion (see multiple permit and enforcement clauses, e.g. Public Places 3.2, 9.2–9.4, 11.5; Dog 3.13).","Transitional and repeal provisions that convert prior licences/ signs into permits or determinations and preserve some legacy arrangements (see Public Places 1.4, 2.9; Dog 1.2; Cat 1.3) increase legal continuity complexity.","Differentiated rules by location and land use (e.g. town site vs outside town site dog limits; residential zoning cat limits; special rules for airports, golf courses, verges), requiring spatial/legal mapping to apply correctly (see Dog 2.2; Cat 2.3; Public Places Part 6 and Part 7).","Interaction of administrative requirements (public notices, neighbour consent for certain approvals, consultation periods) with timing constraints and non‑delegable Council decisions increases procedural complexity (see Public Places 2.2; Dog 3.2–3.5)."],"plain_english_summary":"These Shire of Leonora local laws replace earlier local rules and set the practical rules for using public places, and for keeping cats and dogs across the district. They create permit processes, specify what behaviour is allowed or prohibited in parks, streets and airports, set limits and licensing for keeping animals, and fix offences, fines and enforcement powers. The laws primarily affect residents, pet owners, businesses that use public land, and council officers who grant permits and enforce compliance."}},"importantCases":[],"_links":{"self":"/api/acts/dog-local-law-2022","history":"/api/acts/dog-local-law-2022/history","analysis":"/api/acts/dog-local-law-2022/analysis","conflicts":"/api/acts/dog-local-law-2022/conflicts","importantCases":"/api/acts/dog-local-law-2022/important-cases","documents":"/api/acts/dog-local-law-2022/documents"}}