{"id":"wa-local:greater-geraldton-city-of-public-places-and-local-government-property-local-law-2020","name":"Public Places and Local Government Property Local Law 2020","slug":"greater-geraldton-city-of-public-places-and-local-government-property-local-law-2020","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442434,"registerId":"wa-local:greater-geraldton-city-of-public-places-and-local-government-property-local-law-2020-1775957445080","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"PRESCRIBED OFFENCES","content":"SCHEDULE 2—PRESCRIBED OFFENCES\n\n5 January 2021 GOVERNMENT GAZETTE, WA 23\nLOCAL GOVERNMENT ACT 1995\nCITY OF GREATER GERALDTON\nPUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY\nLOCAL LAW 2020\nUnder the powers conferred on it by the Local Government Act 1995 and under all other enabling\npowers, the Council of the City of Greater Geraldton resolved on 24 November 2020 to make this local\nlaw.\nPART 1—PRELIMINARY\n1.1 Title\nThis is the City of Greater Geraldton Public Places and Local Government Property Local Law 2020.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Repeal and transitional provisions\n(1) The following local laws are repealed—\n(a) The Municipality of the Shire of Greenough By-laws Relating to Geraldton Airport published\nin the Government Gazette on 13 September 1985 and amended in the Government Gazette on\n","sortOrder":0},{"sectionNumber":"17","sectionType":"section","heading":"May 1991;","content":"17 May 1991;\n(b) The City of Greater Geraldton Activities In Thoroughfares and Public Places and Trading\nLocal Law 2011, as published in the Government Gazette on 13 July 2012; and\n(c) The City of Greater Geraldton Local Government and Public Property Local Law 2014, as\npublished in the Government Gazette on 13 May 2014.\n(2) An application for, or an application for the renewal of, a licence, permit or other authorisation\nmade under a repealed local law that has not been finally determined before the commencement day\nis to be dealt with and determined as if it were an application under this local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\nbe dealt 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\ninclude the permit fee;\nauthorised person means a person appointed by the local government under section 9.10 of the\nAct to perform any of the functions of an authorised person under this local law;\nboat means any ship, vessel or structure capable of being used in navigation by water, however\npropelled or moved, and includes a jet ski;\nbuilding means any building which is local government property and includes any—\n(a) hall or room;\n(b) corridor, stairway or annexe of any hall or room; and\n(c) jetty;\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\ndomestic rubbish collection service;\n\n24 GOVERNMENT GAZETTE, WA 5 January 2021\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\nbeen obtained;\nentertainment means the action of providing or being provided with amusement or enjoyment,\nan event, 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\nwill include 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\nAct;\nlocal government means the City of Greater Geraldton;\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\nsusceptibility; or\n(b) which has a disturbing effect on the state of reasonable physical, mental or social well\nbeing of 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 8.4(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\nits use 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;\n\n5 January 2021 GOVERNMENT GAZETTE, WA 25\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 means 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\nprovided for 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(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\nor indirect pecuniary benefit; or\n(ii) gratuitously, but with a view to gaining or maintaining custom or other\ncommercial advantage; 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\nperson to 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,\ntracks or 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\nfootpath; and\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\nto be waste.\n1.6 Interpretation\nIn this local law, a reference to local government property includes a reference to any part of local\ngovernment property.\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\n26 GOVERNMENT GAZETTE, WA 5 January 2021\nPART 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.\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\nto make 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\nlocal government; and\n(c) submissions in writing about the proposed determination may be lodged with the local\ngovernment within 21 days after the date of publication.\n(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\nand from 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\nthat the proposed determination has effect as a determination on and from the date of publication.\n(7) A proposed determination is to have effect as a determination on and from the date of publication\nof the local public notice referred to in subclauses (3), (5) and (6).\n(8) A decision under subclause (3) or (4) is not to be delegated by the Council.\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\nand the determination is to cease to have effect on the date of publication.\n\n5 January 2021 GOVERNMENT GAZETTE, WA 27\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(iii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\nproperty; 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\nthat specified in the determination;\n(d) may limit the activity to a class of vehicles, equipment or things, or may extend it to all\nvehicles, equipment or things;\n(e) may specify that the activity can be pursued by a class of persons or all persons; and\n(f) may distinguish between different classes of the activity.\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\ngovernment property 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\ncommencement day, except to the extent that the sign is inconsistent with any provision of this local\nlaw or any determination made under clause 2.1.\n(2) Clause 2.5 does not apply to a sign referred to in subclause (1).\n\n28 GOVERNMENT GAZETTE, WA 5 January 2021\n","sortOrder":1},{"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\nproperty under any written law;\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\nland or 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\nproperty; or\n(t) film or make a recording as part of or for commercial gain on local government property.\n(2) The CEO or an authorised person may exempt a person from compliance with subclause (1) on the\napplication of that person.\n(3) The CEO or an authorised person may exempt specified local government property or a class of\nlocal government property from the application of subclause (1)(a).\n3.2 Erecting structures or camping\n(1) In this clause—\ncamp unless the context requires otherwise has the same meaning as given to it in section 5 of\nthe Caravan 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 6 square metres;\n\n5 January 2021 GOVERNMENT GAZETTE, WA 29\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\npossession or 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","sortOrder":2},{"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\nCommissioner of 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\nwhich neither exceeds 500 millimetres in height nor 0.5 square metres in area, provided that the sign\nis placed or erected on a thoroughfare on an infrequent or occasional basis only to direct attention to a\nplace, activity 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\nobstruct lines of sight along a thoroughfare or cause danger to any person using the\nthoroughfare; 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\n30 GOVERNMENT GAZETTE, WA 5 January 2021\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\nthis clause.\n","sortOrder":3},{"sectionNumber":"Part 5","sectionType":"part","heading":"BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY","content":"PART 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\nseat provided for the use of any person; and\n(b) destroying, defacing or damaging any thing on the local government property, including\na plant, 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\nof the Commonwealth or the territorial waters of the Commonwealth and includes in relation\nto any 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\na normal 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 Animals\n(1) A person must not—\n(a) tether any animal to a tree, shrub, tree guard, wall or fence; or\n(b) permit any animal to enter upon or into any local government property,\nunless authorised by a permit or under this local law.\n(2) In this clause, ‘animal’ does not include a dog.\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\nor a prohibited drug.\n\n5 January 2021 GOVERNMENT GAZETTE, WA 31\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\nchange room;\n(b) males—then a person of the female gender must not use that entry of the toilet block or\nchange room; 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.\nDivision 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\n5.4 and substituting a sign for flora that has been removed, damaged or interfered with\ncontrary to 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\ngovernment property.\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\napplication of 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\nregulation 30(3) of the Local Government (Functions and General) Regulations 1996, using\nthe process under section 3.58 of the Act for the sale of the article as if it was property\nreferred to in that section;\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":4},{"sectionNumber":"Part 6","sectionType":"part","heading":"MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY","content":"PART 6—MATTERS RELATING TO PARTICULAR LOCAL GOVERNMENT PROPERTY\nDivision 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).\n\n32 GOVERNMENT GAZETTE, WA 5 January 2021\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\nby a 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;\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\ndriving range; 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\nplay;\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\naccompanied by a person of 18 years or older.\nDivision 3—Beaches\n6.6 Powers of authorised persons or surf life saving club members\n(1) An authorised person employed by the local government may perform all or any of the following\nfunctions in relation to a beach—\n(a) patrol any beach;\n(b) carry out any activity on any beach;\n(c) erect signs designating bathing areas and signs regulating, prohibiting or restricting specified\nactivities on the whole or any part of a beach or in or on the water adjacent to the beach and\nto direct persons on the beach or in or on the water to comply with such signs;\n(d) temporarily enclose any area with rope, hessian, wire or any other means for the conduct of\nsurf life saving club activities; and\n(e) direct persons to leave the water adjacent to a beach during dangerous conditions or if a\nshark is suspected of being in the vicinity of a beach.\n(2) Subject to subclause (3), the local government may authorise, under section 9.10 of the Act, one or\nmore members of a surf life saving club to perform all or any of the functions listed in subclause (1).\n(3) Members authorised by the local government under subclause (2) must have been recommended\nby the surf life saving club as competent to perform the functions referred to in that subclause in\nrespect of which they are authorised.\n(4) Under subclause (2), the local government may authorise members generally, or in relation to\nparticular times, days or months.\n6.7 Authority of local government employee to prevail\nIf the local government has authorised a person under clause 6.6(1) and a member of a surf life saving\nclub under clause 6.6(2) in relation to the same beach, where they could perform a function referred to\nin clause 6.6(1) contemporaneously, the authority of an authorised person employed by the local\ngovernment under clause 6.6(1) is to prevail.\n6.8 Persons to comply with signs and directions\nA person must—\n(a) not act in contravention of a sign erected on a beach under clause 6.6(1)(c);\n(b) not enter an area which has been temporarily closed with rope, hessian, wire or any other\nmeans for the conduct of surf life saving club activities, unless he or she is a member of the\nclub or has obtained permission to enter from the club;\n(c) comply with any direction given under clause 6.6(1)(c) or 6.6(1)(e); and\n(d) not interfere with, obscure, obstruct, or hang any item of clothing or towel on a flag, sign,\nnotice or item of life saving equipment.\n\n5 January 2021 GOVERNMENT GAZETTE, WA 33\nDivision 4—Airports\n6.9 Application\nThis Part applies to each airport which is local government property within the district.\n6.10 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.\n6.11 Right of entry to airport\n(1) Except as herein 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\nusing the airport;\nshall not enter or remain upon the airport or any part thereof without the approval of the local\ngovernment first had and obtained.\n(2) The local government may from time to time designate or set apart any specified part or parts of\nthe Airport—\n(a) to which only persons from time to time designated by the local government shall be\nadmitted;\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,\neither at all times or at specified times, or for limited periods and generally upon such terms\nand conditions 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\nor to which vehicles may be admitted only on such terms and conditions as the local\ngovernment may resolve;\n(e) to which no aircraft may be admitted or to which a limited class of aircraft may be admitted\nor to which aircraft may be admitted only on such terms and conditions as the local\ngovernment resolves.\n(3) Signs, markings or notices may be placed by the local government at the airport indicating the\nlimits of 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\nof the airport as it may by resolution impose.\n6.12 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\nwander at large on the airport.\n(3) If an animal is at any time on an airport in contravention of subclause (2), in addition to the\nperson specified in that subclause, the owner of the animal at that time commits an offence against\nsubclause (2).\n(4) This clause does not apply to a person with a disability where the animal is a guide dog or\nassistance animal as defined in the Disability Discrimination Act 1992 (Commonwealth) Section 9(2).\nDivision 5—Jetties\n6.13 Interpretation\n(1) This Division only applies to jetties which are local government property.\n(2) In this Division—\njetty means any jetty, pier, wharf or landing place which is local government property; and\nbulk cargo means bulk produce, such as grain, coal, oil or mineral ore, which is not packaged.\n6.14 Application for consent and application fee\n(1) Where a person is required to obtain the consent of the local government under this Part, the\nperson is to apply for that consent in the manner required by the local government.\n\n34 GOVERNMENT GAZETTE, WA 5 January 2021\n(2) The local government may require an application for consent made under subclause (1) to be\naccompanied by a fee.\n(3) If an application for consent is not made in the manner required by the local government or the fee\nwhich is to accompany that application is not paid, the local government may refuse to consider the\napplication for consent.\n(4) The local government shall give its decision on an application for consent, in writing to the person\nwho applied for that consent.\n(5) Where a fee is referred to in this Part, the fee must be imposed and determined by the local\ngovernment under and in accordance with sections 6.16 to 6.19 of the Act inclusive.\n6.15 When use of jetty is prohibited\nA person shall not land at, use or go on any part of a jetty which is—\n(a) under construction or repair; or\n(b) closed,\nunless that person has first obtained the consent of the local government.\n6.16 Method of berthing boat\nA person in control of a boat shall not berth or make fast the boat to a jetty, or to any part of the jetty,\nexcept to such berthing piles, ring bolts or other fastenings as are provided.\n6.17 When boat may remain berthed\nA person in control of a boat shall not berth or make fast the boat to a jetty unless—\n(a) the boat is in distress and then only to effect the minimum repairs necessary to enable the\nboat to be moved elsewhere;\n(b) the embarking or disembarking of passengers is in progress, and then not for a consecutive\nperiod exceeding 2 hours without the prior consent of the local government;\n(c) the loading or discharging of cargo or other goods is in progress in accordance with this\nDivision;\n(d) where the boat is used at that time for commercial purposes, the person has first paid the fee\n(if any) for such berthing or making fast to the local government; or\n(e) to facilitate sea trials for newly launched vessels for a period as specified and approved by an\nauthorised person.\n6.18 Authorised person may order removal of boat\nNotwithstanding anything to the contrary in this Part, a person in control of a boat berthed or\nfastened to or alongside a jetty shall remove it immediately upon being directed to do so by an\nauthorised person.\n6.19 Restrictions on launching\nA person shall not launch a boat from or over any jetty (other than a boat ramp) unless she or he has\nfirst obtained the consent of the local government.\n6.20 Loading and discharging\nA person in control of a boat shall not allow the boat to come alongside or be berthed or made fast to a\njetty for the purpose of loading or discharging cargo or other goods—\n(a) until the cargo or other goods are ready to be loaded or discharged; or\n(b) without the consent of the local government—\n(i) between the hours of 6.00pm to 6.00am on the next day; or\n(ii) for longer than 2 consecutive hours.\n6.21 Outgoing cargo not to be stored on jetty\nA person in control of cargo or other goods intended for loading on to a boat shall—\n(a) not allow them to be stored or placed on a jetty unless and until the boat is berthed or\nfastened to or alongside the jetty; and\n(b) load them on to the boat as soon as practicable after the boat is berthed or fastened to or\nalongside the jetty.\n6.22 Removal of incoming cargo from jetty\nAny person unloading cargo or other goods from a boat on to a jetty shall remove them, or cause them\nto be removed from the jetty as soon as practicable, but not later than 6.00pm on the day on which\nthey were placed there.\n6.23 Authorised person may direct removal\nAn authorised person may direct a person who, in the opinion of the authorised person, is in charge of\ncargo or other goods which remain on a jetty contrary to any provision of this Division to remove them\nfrom the jetty.\n6.24 Handling of bulk cargo\nExcept with the prior consent of the local government, a person shall not place or deposit bulk cargo\nfrom a vehicle, boat or container on to a jetty.\n\n5 January 2021 GOVERNMENT GAZETTE, WA 35\n6.25 Polluting surrounding area\nA person shall not tip or deposit anything on to a jetty so as to pollute the surrounding area.\n6.26 Limitations on fishing\nA person shall not—\n(a) fish from a jetty so as to obstruct or interfere with the free movement of a boat approaching or\nleaving the jetty or so as to unreasonably interfere with the use of the jetty by any other\nperson; or\n(b) hang or spread a fishing net from, on or over any part of a jetty.\n","sortOrder":5},{"sectionNumber":"Part 7","sectionType":"part","heading":"ROADSIDE CONSERVATION","content":"PART 7—ROADSIDE CONSERVATION\n7.1 Interpretation\nIn this Part—\n“MRWA” means Main Roads Western Australia;\n“protected flora” has the meaning given to it in Part 10, Division 2 of the Biosecurity\nConservation Act 2016;\n“rare flora” has the meaning given to it in Regulation168 of the Biosecurity Conservation\nRegulations 2017 section 23F;\n“Roadside Conservation Committee” means the Roadside Conservation Committee appointed\nby the Minister for the Environment; and\n“special environmental area” means an area designated as such under clause 7.7.\n7.2 Application\nThis Part does not apply to a townsite.\n7.3 Declaration of flora road\nThe local government may declare a thoroughfare which has, in the opinion of the local government,\nhigh quality roadside vegetation to be a flora road.\n7.4 Construction works on flora roads\nConstruction and maintenance work carried out by the local government on a flora road is to be in\naccordance with the “Handbook of Environmental Practice for Road Construction and Road\nMaintenance Works” prepared by the Roadside Conservation Committee.\n7.5 Signposting of flora roads\nThe local government may signpost flora roads with the standard MRWA “flora road” sign.\n7.6 Driving only on carriageway of flora roads\n(1) A person driving or riding a vehicle on a flora road shall only drive or ride the vehicle on the\ncarriageway.\n(2) Subclause (1) does not apply where—\n(a) conditions on the thoroughfare do not reasonably permit a vehicle to remain on the\ncarriageway;\n(b) there is no carriageway; or\n(c) an exemption from the application of subclause (1) has been obtained from the local\ngovernment.\n7.7 Designation of special environmental areas\nThe local government may designate a thoroughfare, or any part of a thoroughfare, as a special\nenvironmental area which—\n(a) has protected flora or rare flora; or\n(b) in the opinion of the local government, has environmental, aesthetic or cultural significance.\n7.8 Marking of special environmental areas\nThe local government is to mark and keep a register of each thoroughfare, or part of a thoroughfare,\ndesignated as a special environmental area.\n7.9 Permit to plant\nA person shall not plant any plant or sow any seeds in a thoroughfare without first obtaining a\npermit.\n7.10 Relevant considerations in determining application\nIn determining an application for a permit for the purpose of clause 7.9, the local government is to\nhave regard to—\n(a) existing vegetation within that part of the thoroughfare in which the planting is to take place;\nand\n(b) the diversity of species and the prevalence of the species which are to be planted or sown.\n\n36 GOVERNMENT GAZETTE, WA 5 January 2021\n7.11 Permit to clear\nA person shall not clear and maintain in a cleared state, the surface of a thoroughfare within 1m of\nthat person’s land without first obtaining a permit and any other approvals which may be required\nunder any written law.\n7.12 Application for permit\nA person making an application for a permit for the purpose of clause 7.11 shall submit a sketch plan\nclearly showing the boundary of the person’s land and the portions of the thoroughfare joining that\nperson’s land which are to be cleared.\n7.13 Permit to burn thoroughfare\nA person shall not burn part of a thoroughfare without first obtaining a permit or unless acting under\nthe authority of any other written law.\n7.14 Application for permit\nAn application for a permit for the purposes of clause 7.13 shall—\n(a) include a sketch plan showing the portions of a thoroughfare which are proposed to be\nburned; and\n(b) advise of the estimated fire intensity and the measures to be taken to protect upper storey\nvegetation from the burn.\n7.15 When application for permit can be approved\nThe local government may approve an application for a permit for the purpose of clause 7.13 only if\nthe burning of the particular part of the thoroughfare will—\n(a) reduce a fire hazard and alternative means of reducing that hazard, such as slashing or the\nuse of herbicides, are considered by the local government to be not feasible or more\ndetrimental to native flora and fauna than burning; or\n(b) in the opinion of the local government, be beneficial for the preservation and conservation of\nnative flora and fauna.\n7.16 Prohibitions on burning\n(1) Notwithstanding anything to the contrary in this local law, an application for a permit for the\npurpose of clause 7.13 is not to be approved by the local government—\n(a) for burning between 31 August and 1 May of the following year where the intensity of the\nburn could damage native flora and fauna; or\n(b) in any year to any person for any part of a thoroughfare which is on the opposite side of the\ncarriageway to that portion of the thoroughfare for which a permit to burn has been approved\nin the same year.\n(2) Nothing in this clause prevents the local government approving a permit to burn part of a\nthoroughfare to remove an imminent fire risk.\n7.17 Permit for firebreaks on thoroughfares\nA person shall not construct a firebreak on a thoroughfare without first obtaining a permit.\n7.18 When application for permit cannot be approved\n(1) The local government is not to approve an application for a permit for the purpose of clause 7.17\nwhere the thoroughfare is less than 20m wide.\n(2) Subclause (1) does not apply where the firebreak is, in the opinion of the local government,\ndesirable for the protection of roadside vegetation.\n7.19 General prohibition on commercial wildflower harvesting\nSubject to clause 7.20, a person shall not commercially harvest native flora on a thoroughfare.\n7.20 Permit for revegetation projects\n(1) A person shall not collect seed from native flora on a thoroughfare without first obtaining a\npermit.\n(2) The local government may approve an application for a permit under subclause (1) only where—\n(a) the seed is required for a revegetation project in any part of the district; and\n(b) the thoroughfare, or the relevant part of it, is not a special environmental area.\n(3) Unless the local government specifically provides to the contrary on a permit, if the local\ngovernment approves an application for a permit for the purpose of subclause (1) it is to be taken to be\napproved subject to the following conditions—\n(a) the collection of the seed is to be carried out so as not to endanger the long time survival of\nthe native flora on the thoroughfare; and\n(b) any licence or approval which may be required under any other written law is to be obtained\nby the applicant.\n\n5 January 2021 GOVERNMENT GAZETTE, WA 37\n","sortOrder":6},{"sectionNumber":"Part 8","sectionType":"part","heading":"ACTIVITIES IN STREETS","content":"PART 8—ACTIVITIES IN STREETS\nDivision 1—General\n8.1 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\nplanted by the owner or occupier of the lot abutting the street or by the local government,\nunless—\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;\n(f) play or participate in any game or sport so as to cause danger to any person or thing or\nimpede the movement of vehicles or persons on a street; or\n(g) within a mall, arcade or veranda of a shopping centre, ride any bicycle, skateboard, roller-\nblades or similar device.\n8.2 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\ngovernment under a bulk rubbish collection, and then only in accordance with the terms and\nconditions and during the period of time advertised in connection with that collection by the\nlocal 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,\ncement, concrete slabs, blocks, bricks, pebbles, plastic sheeting, kerbing, wood chips,\nbark or sawdust;\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\n38 GOVERNMENT GAZETTE, WA 5 January 2021\n8.3 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\n8.4 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\nfront of 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\nof 2m 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\ntreatment.\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 8.5.\n8.5 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\nverge treatment is a garden or lawn, that a footpath on the verge and a carriageway adjoining\nthe verge 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.\n8.6 Transitional provision\n(1) In this clause—\nformer provisions means the provisions of the repealed local laws which permitted certain types\nof verge treatments, whether with or without the consent of the local government.\n(2) A verge treatment which—\n(a) was installed prior to the commencement day; and\n(b) 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.\n8.7 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(ii) sprinklers, pipes or other reticulation equipment.\n\n5 January 2021 GOVERNMENT GAZETTE, WA 39\nDivision 3—Vehicle crossings\n8.8 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.\n8.9 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\naffected by the removal,\nwithin the period of time stated in the notice, and the owner or occupier of the lot must comply with\nthat notice.\nDivision 4—Property numbers\n8.10 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":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Fencing","content":"Division 5—Fencing\n8.11 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\nitem 4(1) of Division 1 of Schedule 3.1 of the Act.\n","sortOrder":8},{"sectionNumber":"Div 6","sectionType":"division","heading":"Signs erected by the local government","content":"Division 6—Signs erected by the local government\n8.12 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.\n8.13 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 8.12 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":9},{"sectionNumber":"Div 7","sectionType":"division","heading":"Driving on a closed street","content":"Division 7—Driving on a closed street\n8.14 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\nof the Act; or\n(b) the person has first obtained a permit.\n\n40 GOVERNMENT GAZETTE, WA 5 January 2021\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":10},{"sectionNumber":"Div 8","sectionType":"division","heading":"Notices","content":"Division 8—Notices\n8.15 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\nabutting the lawn or the garden, requiring the owner or the occupier or both to move or alter the\ndirection of the sprinkler or other watering equipment.\n8.16 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\nor an authorised person may give a written notice to the owner or the occupier of the land abutting on\nthe garden 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.\n8.17 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":11},{"sectionNumber":"Part 9","sectionType":"part","heading":"Activities in public places","content":"PART 9—Activities in public places\nDivision 1—General provisions\n9.1 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\nnot exceeding 1 hour.\n(3) A person does not contravene subclause (1) where the vehicle is left for a period not exceeding 24\nhours.\n9.2 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 does not apply to a person with a disability where the animal is a guide dog or\nassistance animal as defined in the Disability Discrimination Act 1992 (Commonwealth) Section 9(2).\n9.3 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.\n9.4 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.\n9.5 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\nwhose name is marked on the trolley of the location of the shopping trolley.\n(2) A retailer must remove a shopping trolley within 24 hours of being so advised under subclause (1).\n\n5 January 2021 GOVERNMENT GAZETTE, WA 41\n9.6 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\nwhose name is marked on the trolley.\n","sortOrder":12},{"sectionNumber":"Part 10","sectionType":"part","heading":"PERMITS","content":"PART 10—PERMITS\nDivision 1—Applying for a permit\n10.1 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.\n10.2 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\namended condition takes effect when written notice of it is given to the permit holder.\n10.3 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\nperson is satisfied that—\n(a) the applicant is capable of carrying on the activity in accordance with this local law and the\nterms and conditions of the 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.\n10.4 Amendment of permit\n(1) In this clause—\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\npermit.\n(3) An amendment may be made on application made by the permit holder or on the CEO or\nauthorised person’s initiative.\nDivision 2—Conditions\n10.5 Examples of conditions\n(1) Examples of the conditions that the CEO or an authorised person may impose on a permit under\nclause 10.2(1)(a) or 10.4(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\n42 GOVERNMENT GAZETTE, WA 5 January 2021\n(d) the commencement of the permit being contingent on the happening of an event;\n(e) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n(f) the approval of another application for a permit which may be required by the local\ngovernment under any written law;\n(g) the area of the district to which the permit applies;\n(h) where a permit is issued for an activity which will or may cause damage to local government\nproperty, the payment of a deposit or bond against such damage; and\n(i) the obtaining of public risk insurance in an amount and on terms reasonably required by the\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\nannual or 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\nobtained for 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\nany property which may occur in connection with the hire of the local government property by\nthe hirer; and\n(k) the provision of an indemnity from the hirer, indemnifying the local government in respect of\nany injury to any person or any damage to any property which may occur in connection with\nthe hire of the local government property by the hirer.\n10.6 Imposing conditions under a policy\n(1) In this clause—\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 10.2.\n(2) Under clause 10.2(1)(a) the CEO or an authorised person may approve an application subject to\nconditions by reference to a policy.\n(3) The CEO or an authorised person 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\napplication for a permit, with the form of permit referred to in clause 10.2(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\npolicy or the part of the policy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act apply to a policy and, for that purpose, a policy is deemed to be\ninformation within section 5.94(u)(i) of the Act.\n10.7 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.\n","sortOrder":13},{"sectionNumber":"Div 3","sectionType":"division","heading":"Duration of permits","content":"Division 3—Duration of permits\n10.8 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.\n10.9 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\n5 January 2021 GOVERNMENT GAZETTE, WA 43\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.\n10.10 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\nto approve 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\nperson.\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.\n10.11 Suspension of permit\n(1) The CEO may, subject to clause 10.12, by written notice given to the permit holder, suspend a\npermit if 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\nconstitute an 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.\n10.12 Proposed suspension\n(1) If the CEO proposes to suspend a permit for the reason mentioned in clause 10.11(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\nCEO in respect of the proposed suspension within 7 days after the day on which the permit\nholder is given 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).\n10.13 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.\n10.14 Period of suspension\nThe suspension of a permit has effect on the day, or the day and time, specified in the suspension\nnotice until one of the following happens—\n(a) the suspension is revoked under clause 10.13;\n(b) the permit is cancelled under clause 10.15 or expires; or\n(c) the permit is surrendered in accordance with the provisions of this local law.\n10.15 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\n44 GOVERNMENT GAZETTE, WA 5 January 2021\n(b) the permit holder has persistently or frequently contravened a term or condition of the\npermit, or a provision of this local law, whether or not the permit is or has been suspended on\nthe grounds 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\nnot the permit has been suspended on the grounds of that risk.\n10.16 Surrender of permit\nA permit holder may, at any time by notice in writing to the CEO, surrender the permit.\n","sortOrder":14},{"sectionNumber":"Div 4","sectionType":"division","heading":"Responsibilities of permit holders and others","content":"Division 4—Responsibilities of permit holders and others\n10.17 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.\n10.18 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\nfor the 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\nauthorised person; and\n(e) prevent the consumption of any liquor on the local government property unless the permit\nallows it and a licence has been obtained under the Liquor Control Act for that purpose.\n10.19 Production of permit document for amendment\nIf the CEO or an authorised person amends or renews a permit, the permit holder must, if required\nby the 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.\n10.20 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.\n10.21 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.\n10.22 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.\n","sortOrder":15},{"sectionNumber":"Part 11","sectionType":"part","heading":"OBJECTIONS AND REVIEW","content":"PART 11—OBJECTIONS AND REVIEW\n11.1 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,\nrenewal, transfer, amendment, suspension or cancellation of a permit.\n","sortOrder":16},{"sectionNumber":"Part 12","sectionType":"part","heading":"ENFORCEMENT","content":"PART 12—ENFORCEMENT\n","sortOrder":17},{"sectionNumber":"Div 1","sectionType":"division","heading":"Notices","content":"Division 1—Notices\n12.1 Definition\nIn this Division—\ncosts of the local government include its administrative costs.\n12.2 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\nthe time specified in the notice, to do any one or more of the following (at the local government’s\noption)—\n(a) reinstate the property to the state it was in before the removal, damage or interference;\n(b) replace that property; or\n(c) pay for the costs of reinstatement or replacement.\n\n5 January 2021 GOVERNMENT GAZETTE, WA 45\n12.3 Breach of a permit\nIf a permit holder breaches a condition of the permit, or fails to comply with a direction under this\nlocal law, the CEO or an authorised person may give the person a notice.\n12.4 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 12.2 or 12.3, as the case may be.\n12.5 Local government may undertake requirements of notice\n(1) If a person fails to comply with a notice referred to in clause 12.2, the local government may—\n(a) do the thing specified in the notice, including replace the property, or reinstate the property\nto the 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 12.3, 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.\n12.6 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\noffence.\n","sortOrder":18},{"sectionNumber":"Div 2","sectionType":"division","heading":"Offences and penalties","content":"Division 2—Offences and penalties\n12.7 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\npenalty not exceeding $500 for each day or part of a day during which the offence has continued.\n12.8 Prescribed offences\n(1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of\nsection 9.16(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\nprescribed offence was committed, and the facts in issue are readily ascertainable.\n12.9 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":19},{"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.\n12.10 Evidence of a determination\n(1) In any legal proceedings, evidence of a determination may be given by tendering the register\nreferred to in clause 2.5 or a certified copy of an extract from the register.\n(2) It is to be presumed, unless the contrary is proved, that the determination was properly made and\nthat every requirement for it to be made and have effect has been satisfied.\n(3) Subclause (2) does not make valid a determination that has not been properly made.\n————\n\n46 GOVERNMENT GAZETTE, WA 5 January 2021\nSchedule 1\nDETERMINATIONS\n[Clause 2.1]\nThe following determinations are to be taken to have been made by the local government under\nclause 2.1.\n","sortOrder":20},{"sectionNumber":"Part 1","sectionType":"part","heading":"PRELIMINARY","content":"PART 1—PRELIMINARY\n1.1 Definition\nIn these determinations—\nlocal law means the Public Places and Local Government Property Local Law 2020 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\nthen the term is to have the meaning given to it in this local law.\n","sortOrder":21},{"sectionNumber":"Part 2","sectionType":"part","heading":"APPLICATION","content":"PART 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\nengaged by the local government, who is engaged in—\n(i) providing a service or making a delivery in connection with the local government\nproperty; or\n(ii) maintaining the local government property;\n(c) the person is driving an emergency vehicle in the course of 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\ndrive a vehicle on local government property that is being used for a function for which a permit has\nbeen obtained 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\nthat is propelled by mechanical, hydraulic, combustion or pyrotechnic means on or from local\ngovernment property except in accordance with a permit or determination that specifies that\nparticular local government property.\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\nchildren’s playground.\n(2) The local government may limit the ages of persons who are permitted to use a children’s\nplayground and may erect a sign under clause 2.3 of this local law to that effect on or in the\nimmediate vicinity of the 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\nproperty except in accordance with permit or a determination that specifies that particular local\ngovernment property 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\nservice, maintaining or making a delivery in connection with, the local government\nproperty.\n\n5 January 2021 GOVERNMENT GAZETTE, WA 47\n(b) the person is in charge of a boat engaged in rescue services or dealing with an emergency; or\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 sandboard—\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\nthe purpose.\n————\nSchedule 2\nPRESCRIBED OFFENCES\n[Clause 12.8]\nItem\nnumber Clause Description Modified\nPenalty ($)\n1 2.4 Failure to comply with a determination 100\n2 3.1 Undertaking activity on local government property without\na permit 100\n3 3.2 Camping on local government property or erecting an\nunauthorised structure 100\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\nauthorisation 100\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 100\n13 5.7 Failure to comply with sign 100\n14 5.8 Failure to comply with direction of authorised person 100\n15 6.1, 6.2 Unauthorised entry to event, closed or fenced local\ngovernment property 100\n16 6.4 Failure to observe conditions of play or direction of course\ncontroller on golf course 100\n17 6.8 Failure to comply with sign or direction on beach 100\n18 6.11 Unauthorised entry to airport premises 100\n19 6.12 Animal on airport premises without approval 100\n20 6.15 Unauthorised use of any part of jetty which is closed or\nunder repair or construction 100\n21 6.16 Berthing of boats in unauthorised manner 100\n22 6.17 Unauthorised berthing of a boat to jetty 100\n23 6.18 Failure to remove berthed boat on direction of authorised\nperson 100\n24 6.19 Launching of boat from jetty without consent 100\n25 6.20 Berthing when not ready to load or discharge cargo, at\ntimes not permitted or for longer than permitted 100\n\n48 GOVERNMENT GAZETTE, WA 5 January 2021\nItem\nnumber Clause Description Modified\nPenalty ($)\n26 6.21 Unlawful storing of goods on jetty 100\n27 6.22 Removing goods from jetty during other than permitted\nhours 100\n28 6.23 Failure to remove cargo on jetty on direction of authorised\nperson 100\n29 6.24 Unauthorised deposit of bulk cargo on jetty 100\n30 6.25 Polluting area surrounding jetty 100\n31 6.26 Fishing from jetty so as to obstruct a boat or another person 100\n32 7.6(1) Driving or riding vehicle on area of a flora road that is not a\ncarriageway 100\n33 7.9 Planting in flora road without a permit 100\n34 7.11 Clearing a flora road without a permit 100\n35 7.13 Burning a flora road without a permit 100\n36 7.17 Constructing firebreak without a permit 100\n37 7.19 Commercially harvesting flora without a permit 100\n38 7.20(1) Collecting native flora seeds without a permit 100\n39 8.1(a),\n8.4(2)(b)\nPlanting or allowing plant or verge treatment in street to\nbecome a sightline hazard 100\n40 8.1(b) Damaging a street lawn or garden 100\n41 8.1(c) Damaging or removing whole or part of a street tree without\nauthorisation 300\n42 8.1(d) Obstruction of street 100\n43 8.1(e) Damaging, removing or interfering with street, part of\nstreet, sign or structure in a street without authorisation 100\n44 8.1(f) Playing games in street so as to impede vehicles or persons 100\n45 8.1(g) Riding of skateboard or similar device on mall, arcade or\nveranda of shopping centre 100\n46 8.2 Carry on or undertake prohibited activity in street or\ndamage local government property in a street without\nauthorisation 300\n47 8.4(4) Install verge treatment that is not a permissible treatment 100\n48 8.5(a),\n8.5(d)\n8.5(e)\nFailure to keep permissible verge treatment in good and\ntidy condition, obstruct a street, footpath, drain, or\ndriveway 100\n49 8.5(c) Placing an obstruction on or around a verge treatment 100\n50 8.5(f) Failure to ensure sprinklers or reticulation pipes do not\nprotrude above level of verge treatment when not in use, not\nused at such times as to cause inconvenience to pedestrians,\nor otherwise present a hazard 100\n51 8.8 Failure to obtain permit for a temporary crossing 100\n52 8.9 Failure to remove redundant crossing or reinstate kerb,\ndrain, footpath, verge or street 100\n53 8.12 Failure to comply with condition of use of a street indicated\nby a sign 100\n54 9.1(1) Animal or vehicle obstructing public place without\nauthorisation 100\n55 9.2(2) Animal in public place when not led, ridden or driven 100\n56 9.3 Failure to clearly mark name or trading name on shopping\ntrolley 100\n57 9.4 Person leaving a shopping trolley in a public place other\nthan trolley bay 100\n58 9.5 Failure to remove shopping trolley after being advised of\nlocation 100\n59 10.7 Failure to comply with permit condition 100\n60 10.18 Failure to comply with permit condition in relation to local\ngovernment property 100\n61 10.17,\n10.19,\n10.20\nFailure to produce permit for inspection, amendment or to\nreturn permit when no longer in effect 100\n\n5 January 2021 GOVERNMENT GAZETTE, WA 49\nItem\nnumber Clause Description Modified\nPenalty ($)\n62 12.6 Failure to comply with notice 300\n63 12.7 All other offences not specified 100\n————\nDated 26 November 2020.\nThe Common Seal of the City of Greater Geraldton was affixed by authority of a resolution of the\ncouncil in the presence of—\nSHANE VAN STYN, Mayor.\nROSS McKIM, Chief Executive Officer.\n———————————\n\n27 October 2020 GOVERNMENT GAZETTE, WA 3929\nLG402\nLOCAL GOVERNMENT ACT 1995\nCity of Greater Geraldton\nAPPLICATION OF LOCAL LAW OUTSIDE DISTRICT\nIt is hereby noted for public information that under section 3.6(1) of the Local Government Act 1995,\nthe Governor has approved of the making of the City of Greater Geraldton Public Places and Local\nGovernment Property Local Law 2020 to apply to the area bounded by the low water mark of the\nIndian Ocean and extending for a distance 200 metres seaward from the western boundary of the\ndistrict of the City of Greater Geraldton.\nGORDON MacMILE, A/Executive Director—Local Government,\nDepartment of Local Government, Sport and Cultural Industries.\n———————————","sortOrder":22}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":723},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a consolidation and update of three repealed local laws (airport by-laws from 1985, activities in thoroughfares law from 2011, and public property law from 2014). The scope remains focused on public places and local government property management without significant expansion beyond the original intent."},"complexity_factors":["47 defined terms in clause 1.5 including nested definitions (e.g. 'sell' has 7 sub-paragraphs)","12 Parts with 8 Divisions and multiple subdivisions creating layered structure","Extensive cross-referencing between Parts (e.g. permit rules in Part 10 apply across multiple earlier Parts)","Conditional exemptions throughout (e.g. clause 3.1(2) allows CEO exemptions; clause 5.7(2) creates age-based exceptions)","Dual permit systems: some activities need council permits, others need separate licences (e.g. liquor licence under Liquor Control Act)","Transitional provisions preserving rights under repealed laws (clauses 1.4, 2.9, 8.6, 8.13)","Schedule 1 Determinations operate as delegated legislation with their own interpretation rules","Modified penalty system with 63 prescribed offences in Schedule 2 requiring cross-checking against main clauses"],"plain_english_summary":"This local law for the City of Greater Geraldton regulates use of council land and public spaces—parks, beaches, streets, airports, jetties and more—by requiring permits for activities like events, trading, camping, filming, structures, drones and alcohol, and prohibiting damaging or disruptive behaviour. It sets site-specific rules (e.g. beaches, airports, jetties, golf courses) and standards for street verges and crossings.\n\nEnforcement powers include directions, entry refusals, repair orders and fines (from minor penalties up to serious fines), helping protect assets, safety and the environment."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This local law consolidates and repeals multiple prior local laws and transitions existing licences/permits into the new permit framework (cl 1.4(1)–(3)). It also extends application beyond the district seaward by 200 metres under Governor approval (public notice LG402), thereby broadening geographic scope and centralising control, fee and enforcement mechanisms under the City and its delegated officers."},"complexity_factors":["Wide scope of regulated activities spanning streets, reserves, beaches, airports, jetties and specialised areas (Parts 3–9)","Layered permit regime with application, conditions, renewals, transfers, suspensions and cancellations (Part 10; cls 10.1–10.16)","Council-level 'determinations' that can set bespoke rules for specified property and are subject to public notice and submissions (Part 2; cls 2.1–2.6)","Significant delegation to the CEO and authorised persons for approvals, exemptions, enforcement and operational discretion (cls 1.7, 2.2, 10.2, 5.9–5.10)","Numerous cross‑references to other written laws and regulations (Liquor Control Act, Caravan Parks and Camping Grounds Acts, Road Traffic Code) creating interaction complexity (e.g. cls 3.3, 3.2, defs)","Detailed offence and enforcement architecture with both court penalties and prescribed infringement fines (Part 12; cls 12.7–12.9, Schedule 2)","Transitional and repeal provisions folding prior local laws into the new regime and treating legacy permits as permits under this law (cls 1.4(2)–(3))","Area-specific technical rules (roadside conservation, flora roads, jetties, airports) that require specialist assessments and registers (Parts 6, 7; cls 6.13–6.26, 7.3–7.9)","Administrative burdens: registers, public notices, bond/deposit and insurance conditions, application and permit fees (cls 2.5, 2.2, 10.1, 10.5)"],"plain_english_summary":"Mechanically, this local law replaces earlier local laws and centralises rules for use of public places and local government property across the City of Greater Geraldton. It creates a broad permit regime, enables Council determinations, and gives the CEO and authorised officers powers to issue permits, set conditions, enforce directions and exclude people (cls 1.4, 2.1, 1.7, 10.2, 5.10).\n\nThe law is presented as protecting safety, conservation and amenity; that framework imposes permit fees and compliance costs on users, creates official discretion in approvals and enforcement, and exposes offenders to fines and infringement notices (cls 10.1, 10.5, 12.7, Schedule 2)."}},"importantCases":[],"_links":{"self":"/api/acts/greater-geraldton-city-of-public-places-and-local-government-property-local-law-2020","history":"/api/acts/greater-geraldton-city-of-public-places-and-local-government-property-local-law-2020/history","analysis":"/api/acts/greater-geraldton-city-of-public-places-and-local-government-property-local-law-2020/analysis","conflicts":"/api/acts/greater-geraldton-city-of-public-places-and-local-government-property-local-law-2020/conflicts","importantCases":"/api/acts/greater-geraldton-city-of-public-places-and-local-government-property-local-law-2020/important-cases","documents":"/api/acts/greater-geraldton-city-of-public-places-and-local-government-property-local-law-2020/documents"}}